Donald Trump's Primary Loss Highlights a Much Bigger Problem For Him

Donald Trump's lack of support in the Washington D.C. Republican primary has ignited debate on whether his federal election obstruction case could receive a fair hearing because a jury could be biased against him.

The former president lost his first primary race of the season on Sunday to Nikki Haley, the only serious challenger he has faced in the 2024 presidential nominee race. She came out on top with 63 percent of the vote.

The former South Carolina governor's win is symbolically significant as it was her first over Trump, becoming the first woman to win a Republican primary in U.S. history. It will likely have little impact on who will clinch the GOP 2024 nomination. Trump won the previous eight races before Sunday, and is on course to triumph over Haley on Super Tuesday.

The Washington D.C. primary also only awards 19 delegates, with just over 2,000 votes being cast in the race, of which Trump received 676. As of January 31, there were about 23,000 registered Republicans in the city.

While sharing Sunday's Results, Marc Elias, the former long-time lawyer for the Democratic National Committee and election law specialist, appeared to suggest that Trump's poor showing in Washington D.C. means the population at large in the capital does not support him, which could potentially be a jury selection issue in his 2020 federal election trial. The former president has pleaded not guilty to four charges, but is claiming immunity.

"In a city of 700,000, Donald Trump got 676 votes in the GOP primary. A tough jury pool," Elias posted on X, formerly Twitter.

In response, a number of Trump supporters suggested Elias' remarks were proving the claim that Trump cannot be guaranteed a fair trial in Washington D.C.

The case about Trump's alleged criminal attempt to overturn the 2020 election results and the events which led up to the January 6 Capitol attack are currently on hold pending the outcome of the former president's absolute immunity argument being considered by the Supreme Court.

While sharing Elias' post, top Trump adviser Stephen Miller wrote: "Imagine bragging so openly that the system is rigged and that the constitutional right to an impartial jury is being so viciously and willfully violated."

Mike Davis, the former chief counsel for nominations to former Senate Judiciary Chairman Chuck Grassley, added: "The lead Democrat election lawyer bragging about Biden DOJ bringing (bogus) charges against Trump. In the most stacked anti-Trump jury pool in America.

"If it weren't already abundantly clear they're waging lawfare and election interference. Democrats fear American voters."

Elias has been contacted via email for comment.

Trump has previously failed to get his upcoming falsifying business records trial in New York moved to Staten Island, a more Republican friendly area of the city, arguing that he would not be able to get a fair and balanced jury in Manhattan.

"Very unfair venue, with some areas that voted 1% Republican. This case should be moved to nearby Staten Island—would be a very fair and secure location for the trial," Trump posted on Truth Social on April 2023 before he pleaded not guilty to the 34 felony charges against him.

In pre-trial proceedings, attorneys from both sides have an opportunity to object to a potential jury member from taking part in the case over fears their background means they would not be impartial. For federal felony cases, the government is allowed no more than six such challenges, while defendants can jointly object to 10 potential jurors.

Chuck Rosenberg, a former U.S. attorney and senior FBI official, previously rejected Trump's argument and said there is no precedent for moving the location of trials based on perceived jury bias.

"We tried a 9/11 conspirator in federal court in the Eastern District of Virginia—Alexandria, about three miles from the Pentagon—and we were able to assemble a fair jury," Rosenberg told MSNBC.

"So, you're not looking for a jury that's never heard of Donald Trump or Stormy Daniels or hush money payments. You're not looking for a jury or jurors that have no opinions. You're looking for jurors who can be fair, who can sit in the courtroom, listen to the evidence, and follow the instructions of the judge," he added. "That's all you're looking for."

In a post on Truth Social on Sunday, Trump said he didn't want the support of the Washington D.C. electorate.

"I purposely stayed away from the D.C. Vote because it is the 'Swamp,' with very few delegates, and no upside," Trump wrote.