A hidden pro-Trump juror could force a retrial in the former president's hush money case, legal experts said.
In legal parlance, they are known as "stealth jurors"—people who claim to be neutral to get on a jury and then show their bias as soon as they are sworn in.
Seven jurors had already been chosen on Tuesday. On Thursday, defense and prosecution attorneys will continue choosing the remaining five jurors, plus six alternates, who are chosen in case a juror is removed or is too ill to continue.
Trump, the presumptive 2024 Republican presidential nominee, is the first former president in United States history to stand trial in a criminal case. The prosecution seeks to prove that before the 2016 presidential election, Trump paid two women—adult film star Daniels and former Playboy model Karen McDougal—not to disclose his alleged affairs with them.
As part of the "pattern of behavior" narrative to back up those claims, prosecutors allege that Trump made payments to a former Trump Tower doorman who claimed to know that Trump allegedly fathered a child with another woman. Trump has denied all the allegations and says he is the target of a political witch hunt.
New York attorney Colleen Kerwick told Newsweek that there may be Trump supporters hiding their true intentions during voir dire—the process in which defense and prosecution attorneys ask potential jurors about their political beliefs before the jury is chosen.
"While the prosecution may appear to have the actuarial [statistical] advantage with a Manhattan jury, if only one of the 12 jurors is a Trump supporter they can hang the entire jury."
"Although jurors are asked questions during voir dire, some may gloss over their leanings to secure a spot on this jury," Kerwick said.
Former federal prosecutor Joyce Vance wrote that some Trump supporters are already openly hoping a stealth juror is chosen.
Writing on her legal blog, Civil Discourse, on Wednesday, Vance noted: "There has been lots of talk about the possibility of a stealth juror—someone who pretends to be neutral but who, once seated on the jury, will refuse to vote to convict no matter how strong the evidence is."
"Yes, that's an inherent risk prosecutors confront in our system—that a juror with a hidden agenda might lie their way onto a jury."
She said there is a pro-Trump movement for jury nullification.
Jury nullification occurs when a jury accepts the prosecution evidence as true, but still acquits the person because they identify with the defendant or believe they have been treated unfairly.
"Prosecutors use their skills to try and detect these jurors and prevent them from being seated on the jury. The prosecutors involved in jury selection in this case have the combined experience for this," Vance wrote.
She said that Trump supporters "are publicly soliciting potential jurors to protect him" and she notes that "New York law prohibits conduct designed to influence the outcome of a proceeding through communications with a juror or a potential juror."
"The goal for Trump's team is a jury that can't reach a verdict, a jury that 'hangs,'" Vance wrote.
Newsweek sought email comment from Trump's attorney on Thursday.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more
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