Can Trump Get an “Impartial Jury” in DC? What the Law Requires, by Alan M. Dershowitz

Trump will get an impartial jury when pigs fly. From Alan M. Dershowitz at gatestoneinstitute.org:

What should happen… when it is virtually impossible for the defendant to get an impartial jury in that state or district?

The prosecution of Donald Trump for the events around January 6, 2021 would seem to call for a change of venue. The District of Columbia is the most extreme Democratic district in the country. Approximately 95% of the potential jurors register and vote Democrat. Whereas approximately 5% voted for Trump. Furthermore, the anger against Trump is understandable in light of the fact that the events of January 6th directly involved many citizens of the district. Moreover, the judge randomly selected to preside over this case has a long history of bias against Trump and his supporters, and her law firm has a long history of conflicts and corruption.

It is imperative, therefore, that in a case where the incumbent president has urged his Attorney General to pursue his political opponent aggressively, that all efforts must be made to ensure fairness. Prosecutors must lean over backwards to persuade the public that partisan considerations played absolutely no role in the decision to indict. Agreeing to a change of venue and judge would go a long way toward seeing that justice is done.

Change of venue motions are only rarely granted, as are motions to recuse a selected judge. But this is a case where justice demands that these motions be granted, both in the interests of the defendants and in the interests of justice. The government should not oppose such motions, though they generally do if it gives them a tactical advantage.

It is likely therefore that these defense requests will be denied by the trial judge.

If an unfair trial results in a conviction, the impact will already be felt, even if it is reversed on appeal after the election, as the prosecution likely anticipates.

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