ASU interview’s Executive Director of Center for Constitutional Design for Explanation of Trump Trial

ASU Law expert: Jury selection poses challenges for Trump’s upcoming trial

For the first time in U.S. history, a former president is facing criminal charges. On Tuesday, Donald Trump was charged with 34 felony counts of falsifying business records. The case is an outlier that makes business as usual, well, exceptionally unusual. The courts are not exactly throwing out the rule book, but certain procedures are being reconsidered, readjusted or just plain put aside.

Question: What challenges do attorneys face in choosing jurors for a high-profile trial like Trump’s?

Answer: It could be an extreme challenge. Trump may be the most polarizing figure ever in American politics. He is certainly the most polarizing figure in the 21st century. So the attorneys will have a more difficult time assessing whether jurors are unbiased. Attorneys may ask potential jurors about their political views, although the presiding judge may place limitations on such questions. But there are plenty of proxies today to assess a juror’s political leanings, including questions about where the juror gets most of her or his news.

Stefanie Lindquist Executive Director of Arizona State University’s Center for Constitutional Design