Several hundred Manhattan residents have been summoned to appear at the borough’s criminal court for jury selection in what may be the most high-profile criminal trial in U.S. history involving former President Donald Trump. Lawyers for Trump and Manhattan prosecutors will review questionnaires and interview potential jurors individually to select a group free from biases to determine whether Trump illegally falsified business records after his attorney paid “hush money” to an adult film star before the 2016 election. The goal is to find jurors who have not made up their minds about the case and can render a verdict based on the evidence presented.
The jury selection process, known as voir dire, is a critical step in ensuring a fair trial. Cornell Law School professor Valerie Hans notes that the extensive media coverage of Trump’s case could potentially bias jurors by shaping their interpretation of evidence and influencing deliberations. Trump’s lawyers have raised concerns about media coverage impacting potential jurors’ understanding of the case, but prosecutors argue that Trump himself has contributed to the attention seeking to frame the case as a political witch hunt. The questions potential jurors will be asked include probing inquiries related to claims made by Trump since losing the 2020 election, such as whether they believe the election was stolen.
Researching potential jurors is a standard practice in high-profile cases, but Trump may be barred from learning their identities due to a gag order issued by Judge Juan Merchan. The gag order restricts what Trump and others can say about potential witnesses, court personnel, district attorney staff, and their families. Merchan expanded the order to include his own family after Trump made comments about the judge’s daughter on social media. The judge warned Trump that continued harassing or disruptive conduct could result in forfeiting any right to access juror names. Merchan’s warning indicates that jurors may remain anonymous only to Trump, a significant sanction that could impact the trial proceedings.
The use of anonymous juries is typically reserved for cases involving organized crime, but the potential for anonymous jurors in Trump’s trial adds a unique layer of complexity. In two recent federal civil cases involving Trump, jurors’ identities were kept secret, leading to swift verdicts against Trump. The warning in Merchan’s order that jurors would remain anonymous only to Trump is seen as a powerful sanction that could influence the trial’s outcome. Both sides will employ specialists to scrutinize potential jurors’ online presence, searching for any indications of bias or preconceived opinions about Trump’s guilt in the case. The jury selection process will be closely monitored to ensure a fair and impartial trial for all parties involved.
