(Photo by Michael M. Santiago/Getty Images)
Jury selection for the New York criminal trial against Donald Trump is well underway — seven jurors have been picked so far! And opening arguments could begin as early as next week! But despite Judge Merchan’s brisk pace, there’s still a lot that can derail the proceedings.
Like, for example, allegations of jury tampering.
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Clay Travis, the Vanderbilt Law grad turned political commentator, had some… interesting advice for New Yorkers tagged with jury duty this week.
If you’re a Trump supporter in New York City who is a part of the jury pool, do everything you can to get seated on the jury and then refuse to convict as a matter of principle, dooming the case via hung jury. It’s the most patriotic thing you could possibly do.
— Clay Travis (@ClayTravis) April 15, 2024
That’s… not particularly wise advice for potential jurors. And folks came out of the woodwork making sure Travis knew that. And also accusing Travis of a crime.
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Jury tampering. That’s what they do. *It’s a felony. pic.twitter.com/ad0nGC7y7B
— Rep. Eric Swalwell (@RepSwalwell) April 15, 2024
Clay is arguably conspiring to commit jury tampering here by encouraging someone to deliberately engage in jury nullification.
Not a wise move by Clay. https://t.co/xW02phFSZC
— Bradley P. Moss (@BradMossEsq) April 15, 2024
Travis responded to the allegation, though with more attitude than substance.
This isn’t jury tampering you imbecile. I would nullify if I were seated on this jury as a matter of principle. I think all Americans with a comprehension of basic justice should do the same. Also, you slept with a Chinese spy and used campaign funds for Super Bowl tickets. https://t.co/BAQf8JQkEB
— Clay Travis (@ClayTravis) April 15, 2024
Soliciting jury nullification is word salad for soliciting jury tampering.
This is inadvisable for people who enjoy their freedom. https://t.co/gcKXAFVJhm
— Elisa Stewart (@ElisaStewartEsq) April 15, 2024
Let’s hope the actual jury listens to the evidence presented and not Clay Travis.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].