Special counsel Jack Smith is urging the federal judge presiding over the Donald Trump classified documents case to deny the former president’s lawyers’ request to ask potential jurors which political party they support and whether they voted in the 2020 election, cementing tensions in a fight over the final jury questionnaire.
Although a trial in the case is still months away, U.S. District Judge Aileen Cannon asked Trump’s lawyers and Smith’s team to file a joint jury questionnaire by Wednesday in order to lay out the questions that prospective jurors will be asked. The joint filing contained text marked in red that denoted questions the government wants that Trump does not, while text marked in blue denoted language the defense proposed and to which the government objects.
The 31-page proposal contained numerous objections from Smith’s team on questions related to jurors’ past voting history, despite Trump’s attorneys steering clear from any direct questions about who jurors actually chose as their preferred candidate in the 2020 election.
Smith’s team asked Cannon to strike questions involving whether a juror is registered to vote, if the juror is registered with a specific party, and if the juror voted in the 2020 election. Each question requires a “yes” or “no” answer under the structure proposed by Trump’s team.
Further down the list, both parties appear to agree that jurors can be asked whether they have any “negative views” about “Law enforcement officers (including the FBI),” federal prosecutors, criminal defense attorneys, and judges. However, Smith objected to an addition proposed by Trump’s team that would ask jurors whether they have any negative views about politicians.
The government appeared to object to the method for jurors to outline their main source of news, although both sides agree that part of the jury screening process should involve learning where prospective jurors get their headlines.
Smith wants jurors to “check all that apply” from a list of right-leaning, left-leaning, and centrist news outlets, while objecting to Trump’s request to “please rank all that apply, with your primary source as number 1.”
Trump’s team also made several notable objections to language that Smith wants in the questionnaire, including the special counsel’s request that jurors be asked the extent of their knowledge of the FBI raid on Trump’s Mar-a-Lago estate in August 2022 to retrieve troves of documents carried over from his previous presidency.
Some relevant lines that Trump objects to include: “Have you read about or heard about the FBI’s execution of a search warrant at the Mar-a-Lago Club in August 2022?” Another line that Trump’s lawyers want removed is: “Have you seen, read about, or heard about any statements by Mr. Trump about this investigation?”
Trump’s lawyers also asked the judge to strike through a question asking whether jurors believe Trump and his two co-defendants are “being treated unfairly by the court system.”
However, if the court ultimately decided to include that question, Trump’s lawyers asked that prospective jurors have the ability to tick a box that reads “I don’t know” rather than the typical “yes” or “no” binary.
Page 25 of the proposed questionnaire includes lengthy final questions for the jury proposed by Trump’s team, to which Smith objects.
Trump would like to include language that underscores some of his rights as a defendant — particularly the right to be presumed innocent at the start of the trial.
“An indictment is not evidence. It is a document that sets forth the charges made against a defendant; it is an accusation. It may not be considered as any evidence whatsoever of a defendant’s guilt. Can you think of any reason that would interfere with your ability to follow and apply this principle of law?” Trump’s lawyers proposed a question for the jury.
The former president also sought to include the line: “A defendant is presumed innocent and cannot be found guilty unless the jury, unanimously and based solely on the evidence in this case, finds that the government has proven his guilt beyond a reasonable doubt.”
While the questionnaire did not include any specific question asking whom prospective jurors voted for in the 2020 election, the special counsel’s team went to great lengths to strike any question by the defense that could shed light on jurors’ political preferences. Smith previously sought to keep the proposed questionnaire under seal, raising concerns that it could influence potential jurors who “may have strong views about Trump, his co-defendants, or the Government in this case,” Smith’s team wrote in a court filing Wednesday.
Jury questionnaires are commonly used to filter the pool of potential jurors by proposing questions that could reveal any bias related to the case or other reasons a prospective juror may not be fit to serve. It is not immediately clear when Cannon will decide what the final form will look like.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
The activity on the classified documents case docket comes just before a Friday hearing at the Miami federal court building, where Cannon is expected to weigh additional arguments on scheduling and other matters as the case progresses.
The trial is scheduled to begin on May 20, though additional delays could arise as Trump continues his efforts to get the case dismissed through several recent motions he has filed, including an argument that Smith was improperly appointed as special counsel, that Trump maintains presidential immunity, an argument that he is being selectively prosecuted, and additional complaints.
