“Protect Potential Jurors from Trump’s Social Media Weapon” Urge Prosecutors in 2020 Election Case

William FurneyOct 16, 2023

Minute Read

The identity of potential jurors should be protected so that they don’t become targets of former president Donald Trump’s attacks on social media, prosecutors in a federal election interference case say.

Indicted Over Election Fallout

Trump was indicted by a grand jury in August for attempting to overturn the results of the 2020 presidential election, which he lost to Joe Biden, and trying to prevent the peaceful transfer of power. Trump had called the election “rigged” and “stolen.”

‘Assault on US Democracy’

The indictment says Trump attacked the “bedrock function” of democracy as he attempted to stay at the White House for another four years. His refusal to concede he lost the election ultimately led to rioting at the US Capitol in Washington after Trump urged his supporters to march to Congress and protest. Five people died in the siege on the House of Representatives and Senate, dozens were arrested and many have since been jailed.

Written Jury Selection

Special Counsel Jack Smith, who has been investigating the election interference case, has requested that the judge overseeing the trial, Tanya Chutkan, order that a written questionnaire be used in selecting jurors for what are sure to be explosive proceedings.

Still Exposed

Written selection of potential jurors would still reveal their identities to lawyers on both sides, potentially putting them at risk of attacks on social media by Trump.

Trump Fraud Trial Attack

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Trump is known for launching into tirades against people by using X (formerly Twitter) and his own messaging platform, Truth Social. But the ex-president broke new ground when he hurled vitriol at the chief clerk of a judge in New York overseeing a civil fraud case against him. The online outburst saw the judge slap a gag order on the 77-year-old defendant.

Trump Organization Case

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Trump and his adult children and also senior executives who work at the Trump Organization are facing charges of committing fraud by inflating the value of their property holdings in order to get favorable loans from banks. The trial judge has found that fraud was committed and revoked several of the organization’s trading licenses. Trump could be hit with a fine of at least $250 million, the sum prosecutors have requested.

‘Cause for Concern’

Prosecutors in the Trump election case said they suspected the defendant would carry out research on people connected with the trial, in order to possibly target them too.

“Given that the defendant — after apparently reviewing opposition research on court staff — chose to use social media to publicly attack a court staffer, there is cause for concern about what he may do with social media research on potential jurors in this case,” they wrote.

No Following or Friending Request

Prosecutors also want the court to rule that Trump and his aides not be able to reach out to potential jurors on social media, either by following them or making friend requests, such as on Facebook. That, they argue, “could reasonably be perceived as vexatious or harassing.”

Rape Lawsuit

In another civil case against Trump, a rape lawsuit filed by writer E. Jean Carroll, the judge ordered that jurors names not be disclosed, even to lawyers, the prosecutors noted, calling for similar measures in the election interference case to “protect prospective and selected jurors in this case from intimidation and fear.”

Attack on Judge

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Trump has already lashed out at Judge Chutkan, who is handling his election trial. She was, he wrote on Truth Social, “highly partisan” and “very biased and unfair,” referring to her sentencing of a Capitol riot defendant. That prompted the judge to admonish Trump and his lawyers, saying he should mount his defense in the courtroom, “not on the internet.”

Possible Gag Order

Judge Chutkan is also due to hear prosecutors’ requests that a gag order be applied to Trump so that he would be prevented from making derogatory comments on social media about anyone connected with the case, especially jurors, witnesses and lawyers.

Many Other Trials

Trump is also embroiled in a slew of other trials, both federal and civil, including charges relating to his storing of confidential government documents at his Mar-a-Lago resort in Florida. They come at a time when he is running once again for president, and is leading the pack of hopefuls for the Republican nomination for the November 2024 election.

‘Witch Hunts’

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The former president has described the legal maneuvers against him as a “witch hunt” by liberal and Democratic Party operatives who are determined to keep him from getting back into the White House.