I had hoped Mark Summer at Daily Kos would be live blogging again – he did a terrific job for the first two days. Summer is not up with live coverage yet, but it looks like someone else at Daily Kos is stepping up until Mark Summer gets going.
Here’s the Washington Post live blog of the trial.
Anyone else have a good source for live blogging this?
The dismissal of a juror Thursday morning underscored the difficult balancing act New York Supreme Court Justice Juan Merchan faces in trying to keep the jury pool’s identities secret.
Merchan had said before trial that potential jurors’ names would not be publicly disclosed. Prosecutors and defense attorneys could have the names, he said, but could not share them. Instead, jurors would be identified publicly by numbers.
As far as juror identities go, I can’t figure out why they are sharing so much information about the jurors, and now it looks like potential jurors are dropping fast, with 2 of the 7 from yesterday already dismissed today.
I wonder – could the state just go with a bench trial if it’s determined that a jury is just not possible because of potential theats? NO!
Open thread.
dnfree
Oops….
WaterGirl
@dnfree: Oops, what?
zhena gogolia
WG, you should check out all the nice comments in John’s thread below.
dnfree
@WaterGirl: Oops, there’s no delete so that was the best I could do!
Scout211
One juror was dismissed this morning and another is on shaky ground. The first one that was dismissed this morning was a woman who was frightened because aspects of her identity (I think it was “the oncology nurse”) were released to the public. The judge then admonished the media to stop adding personal information like the jurors’ jobs in their media reports.
And from NBC Live Updates, Don Snorelone watch:
WaterGirl
@dnfree: What did you type that went wrong?
TBone
https://www.theguardian.com/us-news/live/2024/apr/18/donald-trump-trial-updates
Jackie
Second juror has been dismissed, leaving a total of five jurors at this time.
https://www.rawstory.com/trump-trial-juror-dismissed/
Morfydd
I’ve been following https://mas.to/@[email protected] on Mastodon
rikyrah
Can the judge clear the courtroom and not allow the press in? Since they don’t seem to know discretion and are all but doxxing these jurors.
WaterGirl
I added this up top, but I’ll add it here, too.
As far as juror identities go, I can’t figure out why they are sharing so much information about the jurors, and now it looks like potential jurors are dropping fast, with 2 of the 7 from yesterday already dismissed today.
I wonder – could the state just go with a bench trial if it’s determined that a jury is just not possible because of potential theats?APPARENTLY NOT.With all the personal facts that are being shared, there’s no way the internet isn’t going to ferret out who these people are.
WaterGirl
@rikyrah:
You are being too generous there.
I think they could let the press in but say that there is to be NO reporting in any way about anything related to jurors.
zhena gogolia
@WaterGirl: Yes, I stopped reading the WaPo live updates when it just seemed to be giving short bios of each prospective juror.
WaterGirl
Fucking reporters.
WaterGirl
@zhena gogolia: I am livid.
Sharing all that info about jurors is SO FUCKING WRONG.
This is worse than being on a jury in a mob trial.
Ruviana
Josh Kovensky at TPM:
https://talkingpointsmemo.com/news/flurry-of-unusual-new-developments-in-trump-hush-money-trial
Steeplejack
Lisa Rubin (@lawofruby) has been doing live trial coverage. Here’s today’s thread so far. (Nitter link)
matt
it’s not just threats – the defense team is leaking info to allies who are doing oppo research on the jurors. Press oversharing supplies cover. it’s ridiculous.
WaterGirl
Scout211
He already did that this morning, but more as a warning to the press.
Barbara
You could ban journalists from jury selection process. Trial by jury is at Defendant’s election and is constitutionally protected.
Stibbert
Adam Klasfeld is doing an excellent legal live-tweet, & publishes summaries at Just Security blog.
https://twitter.com/KlasfeldReports
https://www.justsecurity.org/daily-courtroom-trump-trial-new-york/
Scout211
@WaterGirl: As I commented downstairs, how many gag order violations will he rack up by Tuesday when the hearing is scheduled? Should we have a pool?
Baud
OT, some funny jokes in this reddit thread.
TBone
A history lesson for when things get boring.
https://www.smithsonianmag.com/history/1957-meeting-forced-fbi-recognize-mafiaand-changed-justice-system-forever-180967204/
mvr
@WaterGirl: The defendant would have to agree, I think. People have a right to a trial by jury in criminal cases.
Soprano2
They could just not share ANY INFORMATION about the jurors with the press. I think that’s the only way to at least try to keep them safe. The judge should treat it like a mob trial, because that’s what it is.
Steeplejack
@Stibbert:
Nitter link to Adam Klasfeld’s thread. (For people who don’t have a Twitter account, your link goes to Klasfeld’s home page and a random selection of his tweets out of chronological order.)
Eolirin
@Soprano2: I think that would require keeping the press out of the room entirely.
JaySinWA
@Scout211:
I had a professor once whose voice would put me to sleep. It was a struggle to stay awake in class.
WaterGirl
@Scout211: I didn’t see that Merchan did that this morning – as far as I can tell he only said they can’t report on employment and previous employment.
Unless I missed something else?
WaterGirl
@Barbara:
Then that’s what they should do.
scav
@Soprano2: But do journalists — at least, the actual breed slithering at the moment and claiming a paycheck under that moniker — necessarily want to protect the jurors? More drama, more Breaking News screamers if they’re endangered or worse. If it bleeds it leads, only with more encouragement.
WaterGirl
Boy, I was really spoiled by the 2 days of Mark Summer live blogging at Daily Kos. Great summaries as well as links to this to that tweet from names we all know.
So far NBC, the Guardianm, Washington Post and Lisa Rubin have been disappointing. Will try Adam Klasfeld next.
eclare
@WaterGirl:
That is basically what this is, a mob trial.
cmorenc
@Watergirl:
No – Trump has a contitutional right to jury trial in both state and federal criminal cases, at least beyond the lowest misdemeanor level. Trump would have to voluntarily waive it, unlike the civil trial involving sexual assault against Jean Carroll, where his right to jury trial was contingent on his lawyers’ specifically requesting such instead of a bench trial.
And why would Trump now take his chances on trusting Judge Merchan (with whom Trump is already on very thin ice regarding Trump’s verbal attacks) rather than his chances of getting at least one friendly MAGA juror unwilling to convict him, no matter the evidence and law?
eclare
@Baud:
That’s good, “Hitler Pig.”
kindness
The defense has the option of a jury or bench trial. No doubt if it got shoved to a bench trial any result would be thrown out in one of Trump’s corrupted higher courts.
MaryRC
@Baud: “The Count of Mostly Crisco”. Awesome.
JMG
@kindness: Choosing a bench trial is how Trump got slammed in the civil fraud case. I doubt his lawyers would ever risk that kind of verdict again.
Omnes Omnibus
@WaterGirl: A trial by jury is Constitutional right. The state has no say in the matter.
WaterGirl
Why did Lisa Rubin tweet out employment information about prospective jurors just 2 minutes ago???
I thought Justice Merchan said no employment information is to be reported.
dr. bloor
@kindness:
Can’t wait for Matthew Kacsmaryk to decide he has jurisdiction over a state-level criminal trial held in NY.
eclare
@WaterGirl:
That is insane. If you know someone’s profession and know that they are going to be out six to eight weeks, both of which all of their coworkers would know, there is no anonymity.
Merchan needs to do something, every juror is going to be outed.
eclare
@dr. bloor:
Don’t give him ideas!
Scout211
@WaterGirl: I was trying to find the whole statement but most live updates have only bits and pieces of his statements. I found this one on Deadline. But more extensive articles after the trial today may be a better summary.
I also read another article that reported that he told the press they can only report information that was on the record and he would be redacting some information about the jurors that was already on the record.
gvg
@matt: Can they jail reporters and any others for contempt or endangering the jurors or is that only the actual defendant and legal teams? What about editors?
Can responsible news reporters name names of irresponsible reporters so it becomes a part of their record?
WaterGirl
@eclare: Agree.
sab
@Scout211: Judge seems a bit slow on the whole protecting the jury thing.
Soprano2
@Eolirin: However they do a trial of a mob boss or a head of a drug cartel, that’s how this trial should be done, because it’s the same thing. Look at how two jurors are already gone, one because she’s already been “outed”. It’s an intolerable situation. The judge needs to get control of this situation fast.
Scout211
It seems like he is admonishing and requesting but has not issued an order. Yet.
smith
I believe the jurors in the E. Jean Carroll trials had more protection from doxxing than they have in this one. Given that this is a criminal trial, I would have expected more shielding in this one. Of course, that might be the difference between a federal and a state judge.
smith
The juror who was excused because her identity was outed was one of the ones who volunteered that they believed no one was above the law. That’s a good sign for our side, and probably why she was targeted.
cain
@WaterGirl: I think what we are going to have is paparazzi style reporting on the jurors.
It’s going to be a shit show – they need to make this a closed court.
Harrison Wesley
@Scout211: “Admonishing and requesting” will work about as well with Our Liberal Media as they do with the Swinish Oaf his own self.
WaterGirl
@Scout211: Thanks for the detail. He needs to do something to get this situation under control, or this trial is going to be either a joke or a travesty.
Dangerman
Sorry to bring up a topic up from a dead thread. I fly out of Burbank in a few weeks and I’m now concerned about parking. Reservations are required? What if you just park at the Airport and pay the premium rates?
Part of the fun of my trip is it could cancel all the way to wheels up in BUR. All reservations cancellable. It gets complicated.
Also, I saw a comment about flying to SFO, bussing to Martinez, and taking Amtrak up the 101 corridor. The trap there is to use the Amtrak bus from Martinez, you have to arrive in Martinez by train. No Amtrak bus only options. Why? Hell if I know.
Back to Burbank. Seems to me the problem is reservations and can I cancel them last minute.
Damn my life is complicated these days for being semi retired.
Citizen Alan
@scav: At this point I really wish someone on the internet would start posting the names and pictures of every journalist covering the trial in person. With a veiled threat to dox them if they post anything about the jury that leads too a mistrial.
Bill Arnold
Of the biographical descriptions of jurors published so far, every one had enough information to identify the juror, IMO. Haven’t tried, but the descriptions are detailed enough to resolve to individual identities.
Given the known rule-bending/vindictive nature of the mob boss man on trial and his very large army of volunteer (and paid) henchpeople, this is abominable security for jurors; threats and bribe attempts during trial will definitely be made. (Probably 100 percent of them from the Trump team).
Josie
@smith:
The doxxing in this trial is probably being pushed by defense attorneys to get rid of jurors they don’t want. The E. Jean Carroll trial was a bench trial, so they were not as concerned with the jurors.
cain
@sab: This is kind of unusual. We’re living in an infotainment news and this is all salacious stuff – they are already clueless – they want to make this trial about them giving info and then having shows talking about the jurors background and what they might be thinking – the irish accent – they’ll have some roundtable about how must people agree that those with irish accents are 88% democrats.
Anonymous At Work
@WaterGirl: Cannot do a bench trial in a criminal case without the explicit request by the defendant. Trial by jury of peers is a constitutional right. Right of a defendant to be present for all criminal proceedings is another constitutional right, including “confronting” the jury during selection.
TFG may want to intimidate jurors but the ones that blanch in the face of his intimidation are ones that could be persuaded, cost him extra days in court, and does not go unnoticed by the jurors already seated. Being an a-hole cost him $60 million in E Jean Carroll’s second trial. Might cost him a criminal conviction in this one, if his attorneys don’t give him a paddle with a rubber ball attached*, or something.
*Blazing Saddle reference intended
Chief Oshkosh
@sab: Agreed. I don’t understand why he hasn’t provided clear and simple instructions, something like: “NO information is to be provided about ANY juror other than by referring to a juror by the court-assigned identifier number.”
As pointed out above, what right does the public have to information about a juror having an Irish accent, or being an oncology nurse, or anything else beyond “Juror X1243”?
ETA: “he” being Judge Merchan.
smith
@Josie: No, both of the E. Jean Carroll trials were jury trials, and the anonymity of the jurors was protected better than this.
eclare
@Josie:
I thought E. Jean Carroll was a jury trial and the civil fraud trial was bench? It’s so hard to keep them all straight!
Eta> thanks smith!
Anonymous At Work
@Scout211: “NYU administrative attorney living in Brooklyn that was also called in for jury duty on Monday” is decent bit of information to identify a person. Changed some details but basically, with this, a decent Internet sleuth can find that person in hours, can probably find published pictures from social media of that person on a specific day in a place like NYC.
Josie
@smith:
You’re correct. I had it confused with the fraud trial. Hard to keep up.
ETA: Hopefully the judge will get a clue and stop the train coming down the tracks.
Anonymous At Work
@eclare: Civil trials are handled differently and the bench trial for the civil fraud case was because Alina Habba literally forgot to check a box asking for one. E Jean Carroll cases were jury trials.
cain
Judge Merchan needs to take a very firm hand with the press. At least eliminate them from leaking details. That way you catch the defense lawyers trying to leak shit to right wingers who go on a witch hunt.
He needs to take very very seriously that these jurors are going to be a target of intense intimidation not just by right wingers but the press is also interested in creating a horse race to get people to watch their shitty shows.
smith
One thing I noticed about the jurors chosen on Tuesday, and it seems to be true for the ones being questioned today, is that a surprisingly large percentage of them are college educated, many in professional jobs. Given this pool in a blue city, it’s probably giving the defense lawyers night sweats.
eclare
@smith:
Did we know anything about the E. Jean Carroll jury? I honestly don’t remember.
TBone
Words of wisdom, Tiedrich style.
https://www.jefftiedrich.com/p/shitty-mob-boss-donald-trump-violates
MinuteMan
Embargo all juror information until the jury is sworn in and sequestered. Even then the jurors’ families could be at risk if too much info is published.
different-church-lady
@TBone: And yet people do all the time.
piratedan
I guess this is “brave new world” turf for most of our judicial branch.
We know that the press is in the tank for Trump, we also know that Trump was absolutely desperate to prevent this trial from happening. Many of us in jackaldom could see this shit coming because hey, we’re politically aware that this is how this shitbird operates.
Why the fuck are our institutions so fucking oblivious? Where the fuck were they the last 8 years?
different-church-lady
@TBone: Oh, yeah, shit, the last thing you want on a jury is someone who understands how law works eyeroll.
Bill Arnold
@Anonymous At Work:
People who have played geoguesser or generally attempted geolocation from a single photograph, and using open sources, know how clues stack up to identity/location.
I could/can generally get within 1000 kilometers in geoguesser just based on plants. (And I’m not a botanist, just aware and have traveled.)
Anyone with any practice in doxxing (even if just for their own curiosity; e.g. my mind does this on its own.) knows this too.
Appalling lack of consideration, both for the jurors, and for the process of a fair trial.
TBone
@different-church-lady: that’s why I posted the little history lesson above at #25. About the mafia in gangster land rural New York. We’ve got a shit ton of these rural hideouts here in PA. Ask me how I know. No, wait, don’t. I can’t get into detail.
RaflW
Fucking journalists. Their abandonment of even basic ethics is infuriating.
Trump is extremely well known as a judge/clerk/prosecutor/jury intimidator. Reporting that a potential juror works at a tiny uptown NYC bookstore, for example, is g.d. reckless.
The decay in our editor/reporter cadre is hardly a surprise, but it is nauseating.
Jackie
The WaPo says juror #2 was outed by Jesse Watters, Faux News.
😡😡😡
Can Faux News be charged with aiding and abetting TIFG and his lawyers?
Something has to be done!
TBone
@different-church-lady: I got picked for a jury because of it. Cosmetic-only damages in a dental malpractice case. The most exciting thing about the whole trial was one day, when I went home for lunch, the doorknob on the only exit door of my second story condo somehow malfunctioned all of a sudden and I was unable to get out. I went out on my deck and yelled for help. Then I called the Jury Board. I went back to court that day with the remnants of my doorknob in a baggie, helpfully collected by the good Samaritan who drilled my door open for me. The judge was impressed with my efforts to prove I was not lying about being late.
RaflW
@Ruviana: Giving print journalists a masterclass in how to report Team TFGs bullshit:
“Trump attorney Todd Blanche … feigned confusion over whether the gag order applied to social media posts that repost comments made by others.”
Baud
@RaflW:
“It says in the header that retweets do not indicate endorsement.”
different-church-lady
@TBone: Next time I get called for jury duty I’m going to show up with a doorknob in a baggie — so that I can get out of it.
smith
@eclare: I don’t recall anything released about them before the verdict. After the Carroll I trial was over it emerged that one juror was MAGA, and an aficionado of at least one RW misogynistic web site. It didn’t stop him from finding for the plaintiff. I saw nothing else about any of the others.
TBone
@different-church-lady: 😆
A few days ago I posted about telling my old joke during deliberations: “where’s the bitch with the abscessed tooth?”
smith
@Jackie: Can a news org, or “news” org, be held in contempt if it conspires with a defendant to intimidate a juror?
ETA: I think Merchan needs to issue a new order on juror anonymity, specifically forbidding the release of any identifying information. A gentle request will not cut it with Fox or fellow travelers.
eclare
@smith:
Thank you, yes, that info does sound familiar.
AnonPhenom
Trump openly using his cell phone in court.
way2blue
I’ve been following the live feed from AP:
https://apnews.com/live/trump-trial-updates-april-18
TBone
@AnonPhenom: not enough facepalms on the planet.
Harrison Wesley
@TBone: Yeah, even back when I was living in PA, it was pretty common knowledge that after every big drug bust in Philly, dealers would decamp to lesser targets like Reading and Lancaster (not forever, though). I guess feds were less interested in those places ’cause they couldn’t stage a snazzy big-city bust there.
WaterGirl
@MinuteMan:
Yes. I do not know why they did not see this coming.
TBone
@Harrison Wesley: my ex and I used to explore on the back, unpaved roads. Our game was called “meth lab or mafia.” Both was a bonus point.
Once, we came upon an old, OLD stone cabin stocked to the gills with bags of fertilizer. And other implements of possible destruction.
smith
Much fun was made of TFG misunderstanding about peremptory challenges, when he said he should have an unlimited number. He’s basically set up the same thing, though, by coordinating with Watters to force a likely unfavorable juror off the panel without having to use one of his challenges
laura
@Dangerman: give this place a call https://sportsmenslodge.thelosangeleshotels.com/en/ it’s hella close to the airport and it’s a place that the Roadie Brothers use when heading out on the road. I hope you have a wonderful flight to the Charlie Brown in Santa Rosa, and I’m curious as to your plans in my old home town
Adam Klasfeld’s court reporting has been excellent.
Barry
@WaterGirl: “I think they could let the press in but say that there is to be NO reporting in any way about anything related to jurors.”
IMHO, you are being for too soft. The judge should close the courtroom to all spectators.
RaflW
@piratedan: I can see an outcome where even with 6 alternates, that enough bad shit goes down after empaneling that a mistrial happens when the case drops below minimum jurors.
I realize that once under way, it’s unusual for a judge to dismiss even one and pull an alternate, but Trump is so desperate he’ll try anything, including things that might make a mafia boss blush.
TBone
@RaflW: 👍
🎶
https://m.youtube.com/watch?v=ghcsrblhn7A
Frank Wilhoit
@AnonPhenom: At our county courthouse you have to surrender electronics the moment you walk in the door.
SomeRandomGuy
No, the state can’t force that issue (juries are in the Constitution, though not all protections are – e.g., not all juries require unanimity), and, Trump shouldn’t have attorneys stupid enough to allow a bench trial. Face it: he’s guilty, and they have three hypothetical crimes: tax/accounting fraud, NY election law, and Federal election law, so, he’s guilty at the felony level. His only chance is a jury trial, and he knows it!
Thing is, once either side is out of preemptory strikes, they’re hoping to get the jury seated quickly. Pick your favorite sports metaphor, once your opponent has an advantage you don’t have, you want to end that part of the game, if you can’t neutralize their advantage.
JaySinWA
AP reporter Jennifer Peltz is live blogging juror candidate Jury history and current employment right now.
ETA corrected history vs employment.
RaflW
@Baud: I dunno. I’d want a Clinton lawyer to litigate what the meaning of =/= is.
eclare
@JaySinWA:
How the fuck did a state judge not see this coming from a mile away?
Current employment is a huge clue to start identifying someone.
RaflW
@JaySinWA: Judge needs to lay down the law, and then the next journo who pulls this shit gets the clink.
Baud
@eclare:
State judge.
eclare
@Baud:
Fixed, thank you!
smith
So, as with the Carroll II trial, TFG refuses to stand as is customary when prospective jurors file in. A number of commentators on that trial noted that in doing this, as well as with his glaring and muttering in their direction, he thoroughly alienated that jury. Luckily, it looks like he hasn’t learned his lesson.
Old School
piratedan
I have a number of problems with how journalism is being “executed” during the coverage of this trial regarding campaign violations and information suppression.
One, there’s more information coming out about prospective jurors than there are regarding the crimes committed and why they are crimes.
Two, they’re treating jurors like game show contestants, how does knowing anything about them, once they’ve passed voir dire, matter? Why is THAT news?
three, are they so far removed from being members of the public and the litigation surrounding Trump that they don’t have any understanding of the implications of their reporting could have on those jurors? Based on the history of the Trump campaign and voter intimidation, how could they not see this as an in kind donation to his efforts?
WaterGirl
A bit of levity to distract from my frustration and annoyance about the jury process.
cain
@Morfydd: woot woot, followed.. she followed me back :)
Dangerman
Thanks for the advice.
No plans for Santa Rosa in particular (lovely city and area); I’m being picked up and going to Healdsburg. Lovely city, too.
There will be much wine tasting involved although none by me. My Pharmacist would kick my ass (and she’s about 4′ 11″ but her stiletto’s look lethal). So, that makes me designated driver and will console myself with only spa days. There is a place near Sebastopol that needs to be investigated. Oriental influence. I think the town is Firestone but not sure
ETA: Freestone. Oops.
ETA2: Osmosis Day Spa Sanctuary. 209 Bohemian Highway. Had me at Sanctuary but I love it’s on Bohemian.
Scout211
CNN live updates five minutes ago:
Then it proceeds to list all the personal information for each of eight potential jurors! A paragraph for each one.
I guess the press has decided that personal information for potential jurors does not apply to the request from Merchant to stop listing the jurors’ personal information. 🤬
cain
@Bill Arnold: google image search can also be used to do sleuthing. I think it’s absolutely horrible that we are doing this kind of digging at all.
People want a fair trial right? I think the goal now is to declare a mistrial.
Soprano2
@Scout211: The judge is going to have to issue an order saying they cannot publish ANY information about prospective jurors. That’s the only way to stop it.
Harrison Wesley
@Scout211: Past time to kick all of these ‘journalists’ out. Not just out of the courtroom, but off the courthouse grounds, too. Incredibly irresponsible behavior.
cain
@WaterGirl: At least they are doing it now before the jury is seated. They will never get that jury seated at this rate.
cain
@Harrison Wesley: and sued collectively by the state of new york if any harm comes to any of them.
Frankensteinbeck
For all those asking why the judge didn’t see this coming, I can’t recall ‘who is on the jury’ ever being an issue of such focus for the press. Merchan was surely watching for Trump to leak. For the press to dox the jury? That’s probably a problem he’s never faced before.
Scout211
More levity in the morning* breaking news:
House GOP erupts into name-calling
*afternoon for many of you.
TBone
@Old School: ah fuck.
When I was young and incorrigible, I climbed a 12 foot barbwire-topped fence, after bolting faster than a cop on horseback when we scattered so some of us would have a chance, to see them
https://www.setlist.fm/setlist/the-allman-brothers-band/1992/mann-music-center-philadelphia-pa-53da7739.html
JustRuss
TBF, how could the judge possibly have known that Trump and the media would do their best to turn the trial into a shit show?
wjca
This seems like the critical step. A few lawyers in prison, and disbarred when they get out, might concenteate some minds on TIFG’s legal time.
EDT It occurs to me that, when we reach this stage, the court could also subpoena from the lawyers the names of the RWNJs that they leaked to. Take some of those scum off the streets (and off the Internet).
oldgold
I was once involved in a civil trial, where one of the parties had an awful reputation in the community. So many in the jury pool were successfully challenged for cause that there were not enough left to seat a full jury and 2 alternates.
The choice then was to proceed with a bench trial or delay the trial until a norther jury pool could be summoned.
It was decided to proceed with a bench trial. Then, in chambers, the Judge announced he was so offended by the notorious litigant that he was recusing himself.
laura
@Dangerman: it is outstanding- and be sure to stop at Wildflower just off the 12 in Freestone :140 Bohemian Hwy, Freestone, CA 95472-9522
TBone
@wjca: catch and kill, turnabout dragnet
cain
@TBone: incorrigible? You? I can’t believe it. :D
cmorenc
A big constitutional problem Judge Mercham has with respect to attempting to restrict what news media organizations can publish about the jury is the 6th Amendment’s right of a criminal defendant to a public trial vs the right (in the same Amendment) to a fair and impartial jury.
The problem is how to use the “impartial jury” provision of the 6A in a constitutionally permissible fashion without violating the criminal defendant’s right to a “public” trial, and also the 1st Amenment right of the press. That said, successfully prosecuted and appellate-upheld mafia defendant trials would be the model for Judge Mercham to follow, insofar as what type and what extent of restrictions can pass muster without providing grounds for successful appeal by Trump, if convicted.
cain
@wjca: Then go after the RWNJ – throw a few of them in jail for interfering in a court case. That should settle the rest of them – including the press.
TBone
🎶 💔
https://m.youtube.com/watch?v=4y5Q9fMTWKY
waspuppet
“Difficult balancing act”?
Between what? The law and someone openly trying to get people killed so he can get away with breaking it?
Thats’s neither difficult, nor a balancing act.
TBone
@cain: 🩷 was almost adjudicated as such as a young’un. Narrow escape 😎😆 curfew violation one night resulted in the only cool cop in town buying me a sandwich, soda and giving me a blanket for my overnight stay (tip of the iceberg)
smith
@cmorenc: As I mentioned up thread, anonymous juries have been used successfully before, recently, with two Trump trials
Soprano2
@cmorenc: This should have been approached like a mafia trial from the beginning. One look at how TFG and his minions operate should have told the judge that.
Harrison Wesley
@TBone: Just to give you some idea of how ancient I am, I was at the Fillmore when the live album was recorded. Of course, that was a very long time ago and I was loaded up with chemicals, so I’m afraid the cherished memories reside somewhere other than my head.
TBone
Kerry Kennedy killing it for President Biden! 💙💜💜💙
TBone
@Harrison Wesley: you know you were there, that’s what counts (hugs) 💕 I am jealous!
Geminid
@Scout211: I like how bitter some of these personal conflicts are getting. Van Orden in particular has a real feud going with Matt Gaetz and Bob Good, and Marjorie Greene says she’s coming to Good’s district to campaign with his opponent.
Some of the rancor stems from Kevin McCarthy’s removal. Another reason they’re lashing out at each other: they know their efforts as the Majority in this Congress have been a flat failure and they can’t turn that around now.
I think they’re also pretty certain they will be in the Minority next January, and very possibly for the rest of the decade. So the recriminations are just beginning.
TBone
@Geminid: squirrel!
Meanwhile, Dotard sits in shitty diaper alllllll day long 🤣
Anonymous At Work
@Scout211: I saw Josh Marshall’s analysis at TPM and thought that he was missing the obvious: No one serious is standing behind him and MAGA Mike probably got told by 1-2 of his members that they’d vote for Jefferies before MTG.
And just like Popeye’s muscles after eating spinach, MAGA Mike’s balls dropped and he started acting like he does in fact have a pair.
Geminid
@Anonymous At Work: Johnson could still pull or delay those bills, I believe. We may not know for sure until this time Saturday.
gvg
@piratedan: They are willing accessories?
oldgold
Has there been any reporting on whether either side has retained a professional jury consultant.
In big cases where you are worried that a confederate may try to lie there way onto the jury panel, this is standard operating procedure. They can be extremely helpful in ferreting out potential jurors with hidden agendas.
gvg
@Soprano2: They can’t be trusted and may be getting pressure from their bosses to provide anything someone else hasn’t.
Kicking them out so only the attorneys are there would be best. I know they require Trump, but personally I think it would be better if he didn’t hear any of this directly either.
Ironcity
@WaterGirl: It is a mob trial. Maybe not the usual mob, and not as well run a mob, but still a mob.
Bugboy
I sat on a tobacco trial for 3 weeks, and let me tell you that jury selection was a major operation, with in excess of a couple hundred people being interviewed. They had to pick jurors AND alternates, which I ended up being and dismissed at the very end before deliberation.
I’m going to say that this is not all that unusual in a highly publicized case, and I’m sure they’ve got this handled.
Geminid
@Bugboy: John Grisham wrote a novel about a tobacco trial and its jury titled, The Runaway Jury. It was pretty good, I thought.
Anonymous At Work
@Geminid: Mikey went in front of non-FOX type news people and started citing actual facts and actual reality-based context. He’ll have a hard time walking those back.
I think TPM is right about the discharge petition having enough signatures, especially after Iran’s attack and Israel’s vow to escalate further. However, I also think Mikey realized that after him, no one else can get the votes to be Speaker from teh GOP caucus.
Geminid
@Anonymous At Work: I think Johnson will put the bills on the floor Saturday, but I just can’t be certain about that guy. I’ll probably be more or less anxious until the roll call votes begin.
TBone
@Harrison Wesley: for you and in honor of one of GOATs
https://m.youtube.com/watch?v=U9KaJk_iyjI
karen marie
@Barbara: Courtrooms are open to the public, and they should remain so. Individuals who cannot follow rules to keep jurors identities private can and should be excluded.
Anonymous At Work
@Geminid: Legit. I can understand it.
sab
I went to see our family lawyer about Dad’s estate. This guy was a rock solid Republican back when we were both in junior high school in 1967.
He isn’t a Republican at all anymore. Trump’s lawlessness and Congressional acquiescense just finished him off on the whole party.
lurker
Commenting in a dead (ish) thread – regarding doxxing the jurors, the same thing happened in the oj case. The main difference was that the internet was not sufficiently developed at the time, so doxxing the jurors was not the nearly automatic process it is today. Pretty sure the court can act to make an anonymous jury selection, and restrict the press from the process to some degree. However, the press will have to be allowed into the trial itself and will be able to comment on the various jurors at that point.
Additionally, while leaks about jurors almost always come from the defense due to the prosecution not having much incentive to leak about jurors, judges cannot act on patterns of behavior, only specific evidence about leaks, so it is hard to hold defendants and defense counsel to account for these issues.
Clearly though, the judge needs to act more aggressively in this case.
WaterGirl
@lurker: Totally agree. Every word.