About The MAGA Don NY Trial Jury–and Judge

abuse of power, current events, justice, Political wrongdoing 5 Minutes

When I posted my poem about Trump’s Trial Travails on Tuesday, several respondents bemoaned the possibility that a single juror, determined to prevent a guilty plea, will force a hung jury–evidence be damned.

As jury selection in the trial was under way, I wasn’t surprised to see comments such as the one above that appeared on Twitter. This generally thoughtful woman thought the jury was already “in the tank” for Trump.

Similarly, I find it unsurprising that in Trumpland, the cry is “liberal activists are lying their way onto the jury.”

Trump will presumably face some sanctions for truthsocialing verbiage from Fox character Jesse Watters’ prime time segment reviewing all the seated jurors’ credentials. After Watters said, “This nurse scares me if I’m Trump,” the juror in question returned to court stating she could no longer be impartial, and the judge excused her.

Sure sounds like The Defendant violated the gag order Judge Juan Merchan issued to prevent him from speaking about any jurors, doesn’t it? One of the prosecutors on the case counted this defiance as the seventh violation already, and insisted: “This has got to stop!”

There have now been nearly a dozen such offenses. The judge will hold a hearing on the violations next Tuesday. He is clearly grappling with what approach is most likely to rein in Trump without making him a martyr by jailing him. But fines haven’t stopped him in the past.

At this point, the twelve jurors and six alternates have been sworn in, and opening statements will begin on Monday. We’ll see whether any of the jurors get cold feet over the weekend.

Meanwhile, Trump will continue to do his thing to make it as difficult and scary for the judge, the prosecutors, and the jurors to proceed.

It’s all quite befuddling. We’ve never been in a situation like this–or, put another way–it’s just another unprecedented Trumpian assault on our guardrails. I expect the level of anxiety in that courtroom among all parties will climb extremely high over the next six or so weeks.

I’m going to assume that the former prosecutor and defense attorney commentators who say jury service brings out the best in people will prevail. We do have the evidence of a juror voting to convict Paul Manafort who said she had a MAGA hat in her car. She said Manafort was clearly guilty, so she did what she had to.

But that was Manafort. He’s never compared himself to Jesus Christ–nor has anyone else done so, to my knowledge.

So let’s look at the worst case scenario: a hung jury. What does the judge do then?

Joyce Vance, a former prosecutor and savvy legal commentator whom I’ve quoted before, brought some light to the process in her Civil Discourse newsletter.

Here she reprints much of the lengthy Deadlock Charge instructions that are prepared for delivery by any New York trial judge if necessary. (I’ve broken up the text for readability, and the emphases are mine.)

“It is not, however, uncommon for a jury to have difficulty initially in reaching a unanimous verdict, and it is not uncommon for a jury to believe that they will never be able to reach a unanimous verdict. But, after further deliberations, most juries are able to reach a unanimous verdict.

“And, so, I will ask you to continue your deliberations. But before I do, I want to remind you that, when this trial began, many prospective jurors were called and questioned. Many were excused for one reason or another. But you ladies and gentlemen were selected to serve.

“That means that of all the prospective jurors called in this case, you were the ones in whom both sides expressed confidence. Both sides were convinced that each of you would be fair and impartial, that each of you would listen carefully to the evidence, to the arguments, and to the law, and that each of you would deliberate with your fellow jurors and work hard to reach a unanimous verdict that was consistent with the law and the evidence.

“Both sides continue to have confidence in you, as do I. Members of the jury, you make up a very good jury. There is no reason to believe that the presentation of this case again would be to a jury that is any more intelligent, reasonable, hardworking, or fair than you are.

“I want to emphasize that I am not asking any juror to violate his or her conscience, or to abandon his or her best judgment. Any verdict you reach must be the verdict of each juror, and not mere acquiescence in the conclusion of others.

“But I am asking you to continue deliberating, and to resume your deliberations with an open mind. Start with a fresh slate. Do not feel bound by how you felt before — whether you favored conviction or acquittal. Have the courage to be flexible.

“Be willing to change your position if a reevaluation of the evidence convinces you that a change is appropriate. Do not, out of pride or stubbornness, adhere to an opinion or conclusion that you no longer believe is correct.

“Be honest with yourselves and with the other jurors. Listen to the other jurors and evaluate what they have to say. Do not let anything prevent you from carefully considering what they say.

“Remember that each of you made a commitment when you became a juror that requires you to reason and deliberate together to reach a fair and a just verdict based only on the evidence.”

I don’t think the jury will be deadlocked. Despite people’s worries that Trump can hold sway, he’s been almost hysterically trying to avoid the events that will begin to unfold on Monday. There are thirty-four charges against Trump, and the main ones have been validated by his own Justice Department, which led to the jailing of his fixer/attorney Michael Cohen, though they declined to charge “Individual One.”

Lady Justice is crying out: “It’s your turn at last, Individual One!”

And yet, in my response to the thoughtful commenters who expressed their strong concerns about a hung jury after reading my Trump Trial Travails poem, I stated my belief that a hung jury would be better than no trial at all. We’ll see Trump reveal himself as the weakling he is and watch him deteriorate even faster than he already has. However way he spins it, he’ll be further diminished by this process.

Whether or not that unfortunate deadlock outcome prevails, we’ll just have to hope that the jurors, prosecutors, and judge emerge at the end of this ordeal unscathed. The judge is a no-nonsense individual who is demonstrating his willingness to say no to the defense as they attempt to drag out the trial.

Trump is quickly learning who has the power in that courtroom. The Friday session ended with the Sandoval hearing, in which the prosecutors described evidence they would/will introduce if Trump decides to take the stand in his own defense. (He won’t.)

The justice system has been taking a lot of hits these days. We need to see it functioning well–as close as possible to an ordinary trial. After all, even Mafia dons have been successfully convicted in New York courtrooms such as this one.

Annie

Published by annieasksyou

I've been a nonfiction writer for many years, exploring diverse topics that pique my curiosity, as noted in my first blog posting (Greetings!). I'm seeking dialogue with others committed to joining me in this exploration, sharing my conviction that different views can be exchanged in a respectful, civil discourse where we can learn from one another and be agreeable, even when we disagree. These postings depend for their enrichment on your participation: your ideas, insights, knowledge, opinions, and personal stories.

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38 thoughts on “About The MAGA Don NY Trial Jury–and Judge”

      1. I as well. Certain and optimistic. Optimistically certain? Certainly optimistic!
        But at the very least, the case will be laid out and finally reported and people will know.

        Liked by 2 people

      3. Thank you; I wasn’t trying to do it, and thought it was a little corny, but it’s good that it gave a smile!

        Liked by 1 person

    1. Just a note about the man who set himself on fire near the courthouse, Roger: he was apparently drawn to the cameras and press, suffering from derangement that involved broad conspiracy theories and paranoia but wasn’t tied to this case or Trump one way or the other.

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      1. Yes I suspected that was the case.
        There appears to be a photo of the poor soul holding up a placard claiming that Trump and Biden were leading the US to a fascist coup.
        A tragedy that the hysteria of this conspiracy culture encourages the lost to engage in such acts.

        Liked by 2 people

  3. Trump is quickly learning who has the power in that courtroom

    Yes, he is. Through this entire process he has been violating gag orders, threatening people, and doing whatever the hell he likes, and there have been zero consequences because the judge is worried about “making him a martyr by jailing him”. He has quite rationally concluded that he can continue to threaten people and violate procedure and will suffer no consequences.

    Yes, the judge has at least rejected his delaying tactics — that’s the bare minimum — but he needs to remember that this guy is not the president any more and isn’t entitled to any more special treatment than any ordinary schmuck charged with shoplifting. Right now he’s being treated with kid gloves and given impunity no other criminal defendant would receive. He will continue to believe he is exempt from the rules that apply to everyone else, because that belief has now been objectively proven to be factually correct. He should have been thrown in the slammer the minute he violated a gag order the first time, as anyone else would have been, and let the mobs howl as they might.

    Maybe the hearing on Tuesday will bring a change. I’ll believe it if and when I see it.

    I’m not too worried about biased jurors, though. The prosecutors know their stuff and know well how to avoid that particular problem.

    In the end I think he’ll be convicted on at least some of the charges. The evidence will be too overwhelming. The judge has been pretty liberal about freeing jurors who are worried about being threatened — so those who remain will be people who are not easy to intimidate. I just wish this trial weren’t beginning with so many in-your-face reminders that Trump belongs to a special privileged class exempt from the penalties which would apply to those of us who can’t be described by words ending in “-illionaire” if we behaved the same way.

    Finally, it’s interesting that ordinary people are held to, and meet, higher standards than senators. You mentioned the MAGA-hat juror voting to convict Manafort because he was clearly guilty and it was the right thing to do. Trump was clearly guilty of the things he was impeached for, yet almost no Republican senators voted to convict, nor did anyone really expect that they would.

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    2. Infidel: While it’s true that Trump has received far more leniency than anyone else would as he’s finagled his way through the justice system he claims is victimizing him, I think he’s met his match with Merchan.

      The judge has already done more than halt the delays. He upheld the prosecutors’ refusal to give Trump’s defense team a list of their three opening witnesses because Trump has violated the gag order, and when defense said they wouldn’t share list with client Trump, he held his ground. Prosecutors finally said they’ll give name of first witness on Sunday night, limiting time for Trump’s damage. But if he then violates, they’ll withhold subsequent names.

      I think both judge and prosecutors are very mindful they must avoid giving grounds for appeal.

      Merchan seems to have calculated that pursuing the contempt claims had to wait til after he had a fully sworn-in jury—because the alternative would have led to even more delays, playing into Trump’s primary tactic.

      I expect him to be firm and measured during Tuesday’s hearing, laying out progressive steps toward incarceration. And he’ll have no problem jailing Trump, though it’ll be according to his own timetable for this case and probably not as quickly as we would like—which would be yesterday.

      As to your final point, Mitch could have prevented this entire nightmare if he had voted to convict and freed other Rs to do so. Going back farther, if Ford hadn’t thought the nation needed a pardoned Nixon to heal…

      We have not been good about learning from history.

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      1. I hope you’re right. I admit I haven’t been following the trial story very closely (being far more concerned about the fate of Ukraine/Israel aid), and I wasn’t aware of some of those points. What I did know was infuriating enough.

        We have not been good about learning from history

        Disturbingly true in a number of areas. Pardoning Nixon was a disaster. Perhaps that wasn’t obvious at the time, but we today have no excuse for making similar mistakes.

        Liked by 2 people

      2. Merchan also cut off frivolous, duplicative defense motions by saying the Trump team must ask his permission before filing another.

        And from what I’ve read, he maintains a stoic expression and remains polite, but stern.

        He’s sure to be tested mightily, unfortunately.

        Liked by 2 people

  4. It is the quality of the grinder. Every once in awhile a stone will find its way into the beans. The grinder screams and complains and grinds the stone to dust. This is a hard rock but not the first to go through this particular grinder. At long last we have reached the peak and the ride will begin. I like the view and expect the ride to exhilarate.

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    1. Richard! So glad to hear from you! A fine analogy, and I hope those up close, who have to put up with that ugly, practiced, menacing glower each day in court will quickly become inured and come to feel as E. Jean Carroll said she did when she viewed him in court: “He’s a nothing.”

      On a personal note, both Jill Dennison and I have been worried about you because of your absence from our blogs–and missing you. I sent you an email, but I don’t know if it reached you. Hope you’re feeling OK.

      If you’d prefer to respond via Contact Me, please do so.

      Best,
      Annie

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      3. There is always enough time for procrastination.🤔Funny just yesterday the youngest wanted to discuss cause and causation.🤔

        Liked by 2 people

      5. He is 23 live in the woods part-time as a assistant park ranger, has an encyclopedic knowledge of Magic the gathering cards and would not be able to sit on a trump jury.🥰

        Liked by 1 person

  5. …I find it unsurprising that in Trumpland, the cry is “liberal activists are lying their way onto the jury.”

    I have always found this tactic of ‘wolf cry’ of conspiracy, or supposed ‘witch hunt’ by the accused, to be ridiculous nonsense particularly when the actual black pot is calling their accusers a black pot. BWAAA!!! 😆 It’s worth mentioning too that self-projection is a very common behavior in Anti-Social Personality Disorder (ASPD) coupled with their narcissism. Just about every licensed practicing psychologists, psychiatrists, and mental-health clinicians have concluded tRump is very inflicted with these disorders. He most likely has more than just these two, I’d bet on it big time.

    Meanwhile, Trump will continue to do his thing to make it as difficult and scary for the judge, the prosecutors, and the jurors to proceed.

    Yep, that’s what Mob Bosses do, especially the ones with ASPD and narcissism, to name only two disorders in which tRump suffers. And they will last for the rest of his life. Awww, pour baby. 😟 NOT!

    We’ll see Trump reveal himself as the weakling he is and watch him deteriorate even faster than he already has. However way he spins it, he’ll be further diminished by this process.

    Bingo! 🎯 Self-destruction is also a manifested symptom with narcissistic ASPD’s. They can’t help themselves from doing it. That’s why they MUST go through intensive, regular psychotherapy for the rest of their lives. Period. Otherwise, it festers and spirals out of control until… horrid things occur, either to their self and/or others. Guaranteed. Just ask any professional, experienced mental-health clinician.

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    2. I forgot how long a commute it was to Clarksville.😜Wilderness today is a place without the internet. I was stuck by TFG’s appearance at his presser after day three. I was going to try to weedle some extensions on our tump’s demise pool from Ms Jill but I’m becoming more confident that he will be finished by the seventh of July.

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  6. I appreciate your optimism and of course your analysis of the jury pool and how that all may play out. I so look forward to the day when we don’t need to talk about him anymore. “Isn’t it past your jail time?” said one of the comics. Love it. 

    Liked by 3 people

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    1. Yeah, Denise. We’re all ready to not hear or see anything Trumpie ever again. The “Isn’t it past your jail time?” quip was Jimmy Kimmel’s. While hosting the Oscars, he read aloud a real-time criticism of him from Trump and responded with his query, which evoked laughs heard round the world. The Donald was clearly not pleased.

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    2. I am afraid that Trump is here to stay as a permanent member of our nation’s conversation. No matter what happens in his trials or the election he has dominated the press for the last 8 years and will continue to do so. Even his ultimate demise will not stop this.

      He is no longer just a joke, as he was before 2016. He is now a superhero or a supervillain. A victim or a perpetrator (or perpetraitor). A martyr or a savior.

      I would not be surprised to see a new religion emerge , a la Joseph Smith and The LDS (Mormonism). Smith was also a master conman. Don’t ever underestimate the ability of the con to become a success in the USA. Not new. Right here in River City.

      Trump will continue to be a boil on the butt of democracy, whether alive or dead.

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    1. I found your comment both witty and hilarious, Infidel—because I was quite sure I knew the story you linked to.

      In fact, I’ve been wondering how long this apparent Trumpian malfunction would go unreported beyond the Twitter world, where I heard stories months ago that went beyond gas. The hashtag #DiaperDon appears regularly.

      Delicate flower that I am, I won’t venture further into the muck and mire, but the litigious looney never sued Noel Casler, a comedian who worked on Celebrity Apprentice for years and has been making this claim and others—including drug addiction—about Trump. Casler talked about it all in detail in a 2020 MeidasTouch video that you can probably find.

      Now I’m wondering whether the House Freedom Caucus’s Floor Action Response Team is a puerile attempt to once more gaslight the public (so to speak)—this time with an acronym intended to “normalize” a normal bodily reaction that seems to have gone wild in their savior.😉

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      1. Note: I edited my response to Infidel for clarity, but WP didn’t accept my several efforts. I hope it’s clear that Casler had been making this claim—and others—about Trump. As far as I know, the comedian does not routinely make it about other people.

        Liked by 1 person

      2. I understand the nickname “the Godfarter” is now circulating. He can hardly complain after all the nicknames he’s come up with for other people.

        I had heard some of those stories from time to time. They never seemed surprising, given his horrible diet. It must have been quite a job de-fuming the White House after he moved out.

        Liked by 1 person

      3. Your conjecture about the possible impact of his horrible diet seems reasonable, Infidel. Casler’s theory is that the source of Trump’s problem is years of smashing and ingesting Adderall and other substances–an ongoing practice. If there’s any merit to that claim, we must hope that it reaches the public sooner, rather than later. Here we are, getting information about behavior from 2015 that may have swayed the election results in 2016 and saved us from all this airing of the worst of America’s underbelly. (!)

        Liked by 1 person

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