Though the Founding Fathers were divided over whether a president should be able to face criminal prosecution — James Madison famously proposed explicating presidential immunities at the Constitutional Convention, his colleagues demurred — the Sixth Amendment proves they all agreed that all potential defendants, plebeians and presidents alike, deserve the right to “an impartial jury of the State and district wherein the crime shall have been committed.”
From the outset, Alvin Bragg’s prosecution of Donald Trump was an overtly political perversion of the law as written, with the Manhattan district attorney contorting local records falsification charges into federal campaign violations and stretching the statute of limitations on said charges at random. But it’s during the criminal trial jury selection that the real impediments to granting the former president a fair trial have emerged.
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