Jack Smith seeks extra juror protections, citing Trump using ‘social media as a weapon’

Jack Smith seeks extra juror protections, citing Trump using ‘social media as a weapon’

October 10, 2023 05:08 PM

Special counsel Jack Smith asked a judge on Tuesday to protect jurors in the 2020 election case against former President Donald Trump, arguing the ex-president might try to intimidate them through social media.

Prosecutors for Smith also said in a court filing that U.S. District Judge Tanya Chutkan should use a written questionnaire ahead of in-person jury selection to expedite the process, which some, including Trump, have anticipated could be a challenge because of the high profile of the defendant.

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Prosecutors want Chutkan to “impose reasonable boundaries” for conducting jury selection, including following the U.S. district court’s practice of prohibiting anyone from publicly identifying both potential and selected jurors.

Trump opposed Smith’s motion, according to the filing.

Prosecutors said the request was based on Trump’s propensity for publicizing issues he has had with various prosecutors, court officials, and others involved in his cases. Trump frequently berates his targets with criticisms and insults on his social media platform Truth Social.

Smith pointed to a gag order a New York judge issued last week in a civil case against Trump after Trump targeted the judge’s principal clerk on the platform.

“In light of the public attention that is expected, and the defendant’s record of using public social media platforms in an intimidating manner — further evinced by events in a separate trial in New York last week — the Court should implement several of the standard measures frequently used in this District to protect the jury,” prosecutors wrote.

Trump has repeatedly torn into New York Supreme Court Justice Arthur Engoron in remarks to the press and online, calling him a “radical left” and “highly political” judge whose decisions have been a “horror show.”

The gag order, however, came in response to Trump posting a photo of Engoron’s clerk Allison Greenfield and a link to her Instagram account, baselessly referring to her as Senate Majority Leader Chuck Schumer’s (D-NY) girlfriend.

“Schumer’s girlfriend, Alison R. Greenfield [sic], is running this case against me. How disgraceful!” Trump wrote in the now-deleted post. “This case should be dismissed immediately!!”

Prosecutors said a top reason for taking extensive measures to protect jurors’ identities was “the defendant’s continued use of social media as a weapon of intimidation in court proceedings.”

They asked that Chutkan “make clear” to parties that they should not contact potential jurors once they have access to their identities.

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They proposed that the court complete the written portion of the jury selection process by Feb. 9, 2024, three weeks ahead of in-person jury selection beginning March 4.

An attorney for Trump did not respond to a request for comment.

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