Nina Marino Quoted in Salon Article: Legal experts warn Trump’s threats could result in “mistrial”: Just one juror “can nullify the law”

Special counsel alleges Trump's daily statements may bias the Washington jury pool
By AREEBA SHAH
Staff Writer

PUBLISHED SEPTEMBER 7, 2023 5:30AM (EDT)
Jack Smith and Donald Trump (Photo illustration by Salon/Getty Images)

Special counsel Jack Smith said in a court filing Tuesday that Donald Trump's "daily extrajudicial statements" threaten to "prejudice" the jury pool in the criminal case, which charges the former president with attempting to overturn the outcomes of the 2020 presidential election.

The claim arose during a dispute between Smith's office and the ex-president's legal team over a sealed request that the government wants to file. The filings remain largely under seal, but prosecutors revealed that their motion describes Trump's "daily extrajudicial statements," Bloomberg reported.

Trump's incendiary remarks about both Smith's team and U.S. District Judge Tanya Chutkan, have been a focal point since the indictment was lodged last month. Prosecutors have faced harassment and threats online with Chutkan even warning against inflammatory comments from Trump that could potentially intimidate witnesses or prejudice potential jurors.

"Threats aimed at intimidating judges, prosecutors and witnesses, reduce the fairness and accuracy of the proceedings," James Sample, a Hofstra University constitutional law professor, told Salon. "Preserving and protecting due process – a fair trial – is the most fundamental responsibility of a judge." ...

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