Social media used to exclude Trump jurors
Judge agrees some posts raise fairness concerns
Former President Donald Trump’s trial team is using a powerful weapon in its efforts to come up with a winning jury in his New York criminal hush money case: social media.
Two men were struck from consideration Tuesday after Trump’s team uncovered social media posts that Judge Juan Merchan concluded raised concerns when it comes to their fairness and impartiality in the trial.
One potential juror posted “Get him out and lock him up” about the former president, after celebrating that a court struck down a Trump travel ban. When the man was questioned about it, and said he didn’t still believe Trump should be “locked up,” Trump flashed a smirk.
“I don’t think that I can allow this juror to remain,” Merchan said.
The other man posted a parody video featuring Trump that was titled, “I’m dumb as (expletive).” He also posted “no one is above the law” about Trump’s separate criminal case dealing with his handling of classified documents.
The victories for Trump came as he faces 34 felony counts of falsifying business records. Trump has pleaded not guilty.
Prospective jurors may not have realized that their social media posts from years ago would be picked over in front of the national media, but jury consultant Jo-ellan Dimitrius said it’s common in high-profile cases.
Dimitrius, who has worked on many such trials, such as O.J. Simpson’s murder trial, told USA TODAY in advance of Trump’s trial that social media would be a key tool in evaluating responses to the list of 42 questions Merchan decided on for potential jurors.
“I would align it to a polygraph test,” Dimitrius said. “By looking at their oral responses to the questionnaire, and then comparing that to what they may have on social media, you can see if they are being forthcoming, or if they may be hiding something.”
There remains the risk that people eager to get on the jury will realize their social media could be checked and erase things in advance, a prospect Dimitrius called “frightening.”
Dimitrius expressed concern that Merchan released the juror questionnaire publicly days before jury selection started on Monday. At this point, there is also media coverage of the role social media has played in selection.
“It doesn’t take a rocket scientist to figure out: You’re summoned for jury duty in criminal court in New York City on April 15. Well, guess what trial you’re being summoned for?” she said.
The Trump team didn’t get Merchan to strike all the potential jurors they wanted gone based on social media activity.
Merchan allowed one potential juror to stay in consideration despite posting a video on Facebook of anti-trump celebrations on a street. Trump lawyer Susan Necheles described the video as “clearly an anti-trump event that she’s out celebrating and partying at.”
Before the woman was questioned, Merchan agreed it was an anti-trump event, but said it wasn’t clear the potential juror herself was there. Upon questioning, the woman said she remembered seeing the event as she was walking outside, and maintained she could be fair and impartial in the case.
Another jury candidate was allowed to stay after Merchan said that her posts were satire and that she had been fairly open about disagreeing with Trump on politics.
Yet another potential juror was allowed to remain after the Trump team took issue with a post by her husband, which Merchan said was from eight years ago.