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The Challenges Of Jury Selection

The Challenges Of Jury Selection

Released Friday, 19th April 2024
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The Challenges Of Jury Selection

The Challenges Of Jury Selection

The Challenges Of Jury Selection

The Challenges Of Jury Selection

Friday, 19th April 2024
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0:01

It's Friday. April nineteenth, I'm free. I'm

0:03

get Urban D and I wanted. It's however,

0:05

in this is what a day we've got

0:08

a box of matches Where the House Freedom

0:10

Caucus yes, the Conservatives had started a group

0:12

to make sure the G O P leaders

0:14

aren't making moves to curb their power. They

0:17

are calling it the Floor Action Response Team

0:19

which is part for short somos. Like. No

0:21

one gave this any substantive thought. no messaging.

0:23

None at all. other than none at all.

0:31

Before. We get to today show We

0:33

want to bring you some breaking news.

0:35

As we record, just after eleven Pm

0:37

eastern Thursday night, Israel has launched a

0:40

retaliatory missile strike against Iran. Multiple news

0:42

outlets site unnamed Us officials who confirmed

0:44

the news. Iranian news sources say explosions

0:46

were heard near a military base in

0:48

a region south of the capital city

0:51

of Teheran, and that Irans air defense

0:53

systems were activated in multiple locations. The.

0:55

Attack was in response to Iran strike

0:58

on Israel last week and prior to

1:00

this news, Iran's president warned on

1:02

Wednesday that if Israel attacked, it would

1:04

provoke a quote. Massive response. Meanwhile.

1:07

A Bloomberg report or tweeted that Israeli officials

1:09

told the U S on Thursday that quote

1:11

they plan to retaliate in the next twenty

1:14

four to forty eight hours. Also.

1:16

Israel's military said alert sirens have been

1:19

activated near it's northern border with Lebanon.

1:22

This. Is a fast breaking situation in those

1:24

are the details we have at the

1:26

moment. But keep up with more the

1:28

news by following crooked on Instagram and

1:30

more. But first Today jury selection continues

1:32

and former President Donald Trump's Hush Money

1:34

trial in Manhattan. Thursday was the third

1:36

day of jury selection and all twelve

1:38

jurors were confirmed along with one alternate

1:40

and the process now continues. They need

1:42

a total of six alternate to move

1:45

forward, and just as one Marshawn is

1:47

planning to have, opening arguments began early

1:49

next week. Oh, I love this urgency

1:51

this pace, but. Yeah, I can. The jury

1:53

has been anything but simple in this case.

1:55

Several potential jurors were turned away over the

1:57

past few days for a variety of reasons.

2:00

He rid of some of the drama

2:02

leading up to this point where we

2:04

now have a full jury seated for

2:06

the trial. Yes, definitely a lot of

2:08

drama to get here. So earlier this

2:10

week we talked about how on day

2:12

one of jury selection, it ended with

2:14

no jurors. Justice Marshawn also barred both

2:16

legal team from asking the jury pool

2:18

about their political affiliation, who they voted

2:20

for in the past and they planned

2:22

to vote for in November. But even

2:24

with his guard rails and place, dozens

2:26

of people were turned away after they

2:28

indicated that they could. Not be impartial.

2:31

In a case against the former President

2:33

which isn't hard to believe, you be

2:35

very hard pressed to find any one

2:37

capable of putting aside strong opinions. In

2:40

his case, Trump has been found liable.

2:42

sexual assault inside is an insurrection. He's

2:44

a known racist and predator. Just a

2:46

couple of reasons why being impartial seems.

2:49

Outlandish says the couple impartiality wasn't the

2:51

only reason people were turned away. Some

2:53

potential jurors express concerns for their own

2:56

safety yes justice One son and dismissed

2:58

a juror on Thursday after she said

3:00

that people had figured out who she

3:02

was just be somehow she described in

3:04

the past She told the court that

3:07

her concerns about been identified would impact

3:09

her ability to be impartial which is

3:11

scary situation to be a nice you

3:13

know you not only have to find

3:15

yours but. They're. Suddenly potentially in

3:17

the crosshairs of people who are upset

3:19

with Amber, whatever decision they end up

3:21

making here. So as someone who didn't

3:23

go to law school, I wanted to

3:26

get a lawyer perspective on all of

3:28

this. So I called up former Federal

3:30

prosecutor Gene Rossi. He was an attorney

3:32

for the Us Justice Department for nearly

3:34

three decades, is also a legal analyst

3:36

for The Law and Crime Network. I

3:38

started by asking him what prosecutors are

3:40

looking for in a juror and how

3:42

they differ somewhat Trump's lawyers one in

3:44

a juror. The common goal. They're.

3:46

Both sides should strive for.

3:49

His You want jurors that

3:51

would apply the law. To.

3:53

The facts of the case

3:55

is a see without any

3:58

influence from what I. All

4:00

the family of emotion and of

4:02

for members as a family of

4:05

emotions are. Bias. For

4:07

one side. Prejudice.

4:09

Against the side. Empathy

4:12

with any party or witness

4:14

or sympathy Because one a

4:16

prosecutor presents a case to

4:18

a jury, they want just

4:20

the facts. The. Defense: Oh

4:22

My. God. The

4:24

defense once the members for

4:26

members at least of the

4:28

family of motions. Inaccurate Room.

4:31

They. Want somebody who has a

4:33

bias or prejudice? Hopefully.

4:35

A bias for your client. And.

4:37

A prejudice against the government. They.

4:40

Want that sympathy? That empathy. And

4:42

of course, a defense attorney wants

4:44

to keep out those jurors who,

4:46

hey, Donald Trump or even since

4:49

if that. They. Obviously have to keep

4:51

those people lot of the court. In.

4:53

This particular case, prosecutors and defense attorneys

4:55

has been picking a jury that supposed

4:58

to be fair and impartial of course,

5:00

but we have doubled from the most

5:02

polarizing politician and America polarizing figure across

5:05

the world. How can attorneys know if

5:07

someone's actually willing to, you know, put

5:09

their biases a site, How are they

5:12

assessing these people that. As a

5:14

phenomenally good question said, it

5:16

gets to how frustrating. And.

5:18

Challenging jury selection can be

5:21

every jury selection you're never

5:23

going to get. A

5:25

six inch biography of a jerk.

5:28

You're. Only gonna get. Little.

5:30

Tidbits: Red flags and loud

5:32

bongs Good and bad: When

5:34

a prosecutor defense attorneys is

5:36

picking a jury, eighty percent

5:38

of it is got. It's.

5:40

Based on experience, intuition

5:43

and what scares me.

5:45

Even. Today. Is. Your only

5:48

seen a tip of the iceberg with

5:50

respect to that jerks. but you have

5:52

to make the decisions in real time,

5:54

right? And. part of that iceberg

5:57

that we've been seeing here are

5:59

potential jury Social Media posts. Trump's

6:01

team actually dismissed many potential jurors

6:03

for posts that they've made previously,

6:05

some from as far back as

6:07

his first run in 2016.

6:10

On Thursday, according to Politico, one juror

6:12

was dismissed after Trump's lawyer presented years-old

6:14

social media posts in which the juror

6:16

wrote, quote, we need to stop the

6:18

election of a racist, sexist, narcissist, and

6:21

quote, I wouldn't believe Trump if his

6:23

tongue were notarized. So can you explain

6:25

a little bit about the role that

6:27

social media plays in this process and

6:29

how attorneys go about deciding

6:32

if these person's posts make them unfit to serve as

6:34

a juror in this kind of case? What I do

6:37

in my cases now and

6:39

probably in the last 10 years is

6:42

I would assign somebody to search

6:44

Dr. Google for jury selection

6:47

and what that means is

6:49

you can scour the public

6:51

domain, you can scour

6:53

Facebook, TikTok, whatever's

6:56

available and that's fair game.

6:59

And what the Trump people brilliantly

7:01

did is they

7:03

really dug. That was an

7:05

absolutely brilliant catch to get

7:07

rid of that juror because

7:11

I assume that juror told

7:13

the judge that she or

7:15

he could be fair and

7:17

impartial. And the Trump people

7:19

had this post that I wouldn't

7:21

believe Trump even if his tongue

7:24

were notarized and if the judge

7:26

does not dismiss that juror for

7:28

cause, that's an appellate issue. Right.

7:30

And on the flip side of that, we

7:32

had another juror who said that she

7:34

doesn't like Trump's persona, but then she also

7:37

said, quote, I don't like some of my

7:39

co-workers, but I don't try to sabotage their

7:41

work. Trump's lawyers tried to also challenge her,

7:44

but she is still on the jury. So

7:46

what happened there? The Trump people had

7:48

an argument, but I think

7:50

Judge Mershawn probably said, okay,

7:53

juror, you made some negative comments

7:55

about President Trump or Mr. Trump,

7:58

but putting that aside, You do

8:00

know what your role is as a juror.

8:02

Yes, I do. And your

8:05

role is to follow the law and to apply

8:07

it to the facts as you see it, correct?

8:10

Yes. Now juror, putting aside the comment you

8:13

just made about Mr. Trump, can

8:15

you do that and put

8:17

aside your feelings that you just expressed? Can

8:20

you still be, quote, fair

8:22

and impartial in applying the law

8:24

to the facts as you see

8:26

them? I'll guarantee that judge said

8:28

that. And I'll guarantee the juror

8:30

said, yes, I can do that. I

8:33

think that would survive an appellate

8:35

challenge. Something else that came

8:37

up is actually something you mentioned earlier.

8:39

One juror was dismissed on Thursday after

8:41

she said she feared for her safety

8:43

after parts of her identity were made

8:45

public in the media. Given the kinds

8:48

of threats that Trump supporters have sent

8:50

to judges, prosecutors and other officials, what

8:52

guardrails has Justice Mershawn put in place

8:55

to protect the jurors in this case?

8:57

I imagine there have to be some

8:59

serious ones. Judge Mershawn

9:01

has imposed guardrails. He's

9:03

imposed a gag order. He's imposed

9:05

a gag order with limits about

9:08

what Trump can say and about

9:10

whom. In my view, he

9:12

has crossed the line and

9:15

he has violated that order on

9:17

several occasions. And

9:19

the last one he violated, the last

9:21

incident, was him retweeting

9:23

or quoting Fox's

9:25

Jesse Waters about some

9:28

cabal, some conspiracy that

9:31

they're trying to put on all

9:33

these progressives who hate Trump and

9:35

that there's some scheme to

9:38

poison the jury. Total baloney. And

9:40

what bothers me is one he violated

9:42

the gag order because he's

9:44

attacking the whole juror pool.

9:48

He's antagonizing his followers.

9:51

He's jitting them up and he should

9:53

suffer consequences. Should he be put

9:55

in jail? No. But should

9:57

he be fined? Yes. And

10:00

you should be told if you do this again,

10:03

you will be incarcerated throughout the whole

10:05

trial because you cannot

10:07

intimidate jurors either directly or

10:09

indirectly. And what breaks my

10:11

heart, this breaks my heart,

10:14

is that juror was facing

10:17

stress and emotion

10:20

after she had been put into the jury box.

10:23

And I have never seen a juror

10:25

in my 30 years who

10:28

was put into the box and picked. And

10:30

then the next day or two days later said, I

10:32

can't do it because I'm free. That

10:35

scares me. That embarrasses me. It

10:37

tarnishes the integrity of the judicial

10:39

process, whether it's a state case

10:41

or a criminal case, it really

10:43

bothers me. I'm just worried

10:46

that because of the fear that

10:48

they could be harmed, harassed,

10:51

hounded, tracked down like dogs,

10:54

that some of these jurors

10:57

who could be fair and impartial are

11:00

going to lean towards President Trump

11:02

to cut him a break. And that's not

11:04

fair. Just as

11:07

it's not fair that they bring

11:09

these prejudices and biases, biases

11:11

for the government, prejudices against Mr. Trump,

11:14

and they use that to find him

11:16

guilty. Is it a perfect

11:18

system No. Are

11:20

influences going to be hard to

11:22

suppress? Yes. But looking

11:25

at the way Judge Michonne is picking

11:27

his jury so far, I

11:29

think we're doing the best we can.

11:32

That was my conversation with former federal prosecutor

11:35

Jean Rossi. Thanks for that Priyanka. Now

11:37

let's turn to more protests related to

11:39

Gaza, this time in the private sector.

11:41

Google, Google, you can't hide.

11:43

We tried you with genocide.

11:46

That was the sound of Google employees chanting

11:48

during the demonstration at the company Sunnyvale, California

11:50

offices earlier this week that was posted online

11:53

by ABC seven Bay Area News. The

11:55

employees were protesting Google's contract to provide

11:58

the Israeli government and military. with

12:00

cloud infrastructure, artificial intelligence, and

12:03

data centers. In response,

12:05

late Wednesday night, Google's vice president of

12:07

global security announced that the company had

12:09

fired 28 employees who participated

12:11

in a multi-city simultaneous protest

12:13

earlier this week in New

12:16

York, Seattle, and Sunnyvale, California.

12:18

According to the official memo reviewed

12:20

by CNBC, Google investigated and terminated

12:22

the employees after they, quote, took

12:24

over office spaces, defaced our property,

12:26

and physically impeded the work of

12:28

other Googlers. They added that they

12:31

will, quote, continue to investigate and

12:33

take action as needed. The protesters

12:35

denied the claims to Washington Post reporters

12:37

and expressed outrage at the fact that

12:39

some of the employees who were fired

12:41

didn't even participate in the peaceful protest.

12:44

Wow. Okay. So can you explain for

12:46

us what exactly happened at these protests

12:48

and what we know at this point

12:50

about the employees who were fired? These

12:52

were peaceful sit-in protests where employees occupied

12:54

the offices of senior officials, including Google

12:57

Cloud CEO Thomas Kurian, during the protests.

12:59

They wrote their demands on white boards,

13:01

chanted, and sat on the floor for

13:03

hours before nine of the protesters were

13:05

arrested on trespassing charges. The

13:08

employees are part of a group called No Tech

13:10

for Apartheid, and some of the workers

13:12

who were arrested told CNBC that they

13:14

were locked out of their accounts and

13:16

placed on administrative leave during the protests.

13:19

One fired employee told the Washington Post,

13:21

quote, this is a wildly disproportionate response

13:23

to workers standing up for morality and

13:25

for holding Google accountable for its own

13:28

promises. That employee was referring

13:30

to the fact that No Tech for

13:32

Apartheid has been protesting Google's dealings with

13:34

Israel via letter-writing campaigns and other activations

13:36

since 2021, and

13:38

the swift firings are an atypical response.

13:41

You mentioned Google's dealings with Israel.

13:43

Tell us about the specific deal

13:46

that these employees were protesting. There

13:48

were protesting Project Nimbus, a $1.2

13:50

billion joint contract with Amazon and

13:52

Google that sells technology and cloud

13:55

computing services to Israel and its

13:57

military. In a statement posted on

13:59

media... No tech for apartheid

14:01

organizers wrote that project Nimbus has become

14:04

quote a major health and safe workplace

14:06

conditions issue They also added

14:08

quote in the three years that we've

14:10

been organizing against project Nimbus We have

14:12

yet to hear from a single executive

14:14

about our concerns and they intend to

14:17

keep organizing protests until Google drops Nimbus

14:19

We'll keep following this story, especially as the

14:21

fire Google employees are considering legal recourse, but

14:24

that's what it is for now We'll be

14:26

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17:35

wrap up with some

17:37

headlines. As

17:41

we mentioned at the top of the show,

17:44

multiple news outlets are reporting Israel has launched

17:46

missile strikes into Iran. The extent of the

17:48

strike is not clear as of 11 p.m

17:50

eastern. We'll continue to follow this story. Meanwhile

17:53

on Thursday, the U.S. and the UK slapped

17:55

a new round of sanctions on Iran, punishing

17:57

them for last week's attacks on Israel. America

18:00

sanctions target more than a dozen people and

18:02

entities in Iran responsible for the materials that

18:04

were used in the drones deployed in the

18:07

April 13 strike. The

18:09

State Department announced it also placed a travel

18:11

restriction on Iran's delegation to the UN headquarters

18:13

in New York, meaning that they can't leave

18:15

the two block radius around the building. Speaking

18:18

of the UN, on Thursday, the

18:20

United States blocked the United Nations Security

18:23

Council from granting Palestine full UN membership.

18:25

The resolution was overwhelmingly supported in the

18:27

council. However, the rejection by the US,

18:30

one of the council's five permanent members,

18:32

doesn't mean that they necessarily oppose

18:34

a Palestinian state, but that Palestinian statehood

18:36

is an issue that should be tackled

18:39

in negotiations between Israel and Palestine, not

18:41

the United Nations. Here's US

18:43

Ambassador Robert Wood. As reflected

18:45

in the report of the admission committee,

18:48

there was not unanimity among committee members

18:51

as to whether the applicant met the criteria for

18:53

membership as set forth in Article 4

18:56

of the UN Charter. For

18:58

example, there are unresolved questions

19:01

as to whether the applicant meets the

19:03

criteria to be considered a state. For

19:05

over a decade, Palestine has been a part

19:07

of the United Nations as a limited

19:09

non-member state. That means they'll stay an

19:11

observing participant for now. In an

19:14

update on the protests on Columbia University's campus,

19:16

the New York Police Department arrested more than

19:18

100 people on the

19:20

campus during the ongoing pro-Palestine

19:22

protest. Health Representative Ilhan Omar's

19:24

daughter, Isra Hersey, was among

19:26

those arrested. Hersey is a

19:28

student at Barnard College. She was

19:31

also suspended. A bill

19:33

to potentially ban TikTok is back up for

19:35

a vote in the US House. Republican Speaker

19:37

Mike Johnson slipped it into the foreign aid

19:39

package, which includes funding for Ukraine, Israel, and

19:42

Taiwan. The vote is expected Saturday, setting up

19:44

a vote in the Senate as soon as

19:46

next week, and also setting up a lot

19:48

of these people to be not happy about

19:51

having to work on a weekend. The

19:53

House already passed a similar TikTok bill last month. This

19:55

new version would give the Chinese owners of the app

19:57

ByteTance up to a year to sell its own. stake

20:00

in the app or risk a ban

20:02

in the loss. The original version gave

20:04

them just six months. President Biden has

20:06

said that he will sign a bill

20:08

to ban TikTok national security officials and

20:10

lawmakers from both parties, warned that

20:12

TikTok could be a security threat for

20:15

American users, though they presented little evidence

20:17

backing up that claim. If you remember

20:19

my conversation with Louise Metzakis back when

20:21

this was originally in the news, we

20:23

get into this. We're going to link

20:25

that in our show notes. I highly

20:27

recommend taking a listen to that because

20:29

it is very interesting. TikTok

20:32

says that a ban would violate the First

20:34

Amendment. It would also violate my ability to

20:36

enjoy my free time. So I I'm not

20:39

thrilled, I could say. I appreciate

20:41

your commitment to the cause, friend.

20:46

Sports icons, Megan Rapinoe and Sue Bird are

20:48

taking their talents to the small screen. The

20:50

duo is set to produce a queer soccer

20:52

romance through their production company

20:54

called Kleeq Cute. It's a scripted series

20:56

about a rookie professional soccer player who

20:59

falls for her team captain. I love

21:01

it so much. Love it. It will

21:03

be based on author Meryl Wilson, her

21:05

best-selling novel of the same name. In

21:08

a statement, Bird and Rapinoe said, quote,

21:10

having spent most of our lives on

21:13

teams, we want to celebrate the ways

21:15

in which relationships, both romantic and platonic,

21:17

are organically created through sports. Kleeq

21:19

Cute will not shy away from the

21:21

messiness, occasional frustration and undeniable beauty that

21:23

come with loving the game and the

21:25

players within it. There's no word on

21:27

when it will be released, but we

21:29

cannot wait. I promise you, I will

21:31

be front and center. Yes. So I

21:33

love that they're like, we're not going

21:35

to shy away from the messiness. So

21:37

wherever this lands, I want drama, drama,

21:39

drama. I feel like this would make

21:41

a perfect addition to Hallmark's catalog. Just

21:43

saying. OK, well, you and I differ

21:45

there because I'm like, I want this

21:47

on our regular, real streamer that seems

21:50

like an actual quality content. Not real.

21:52

No, real, real. I mean, especially with

21:54

Megan and Sue attached, like it will

21:56

be Accurate in terms of like

21:59

the actual sport. It'll be a good story.

22:01

I'm excited that exotic in the movie or Tv

22:03

so I'm also wondering if they're casting Esl soccer

22:05

players like that will be don't like who wants

22:07

to get their acting chops and wants to move

22:10

from the field to the frame I'd love. This

22:12

is as exciting as my replacement for Ted Lasso.

22:14

I never thought about my heart and this will

22:16

sell it. And those are the headlines.

22:20

One. More thing before we go. You know we

22:22

love to support the non binary community and

22:24

you know we also love word plays. So

22:26

of course we have a new T in

22:28

the cricket store that does both they them

22:30

the rules. It's a t based off a

22:32

segment on love It or Leave It and

22:34

it's been a highly requested most items now

22:36

it's familiar. Had a quarter got com so

22:38

store to pick up a. Software.

22:43

Today like self described sliver of you

22:45

make a queer W and be a

22:47

rom com to and Sirens the lesson.

22:49

And if you are into reading and

22:52

not set the future of weddings my

22:54

tic tac terror readers like money for.

22:56

There's also a nightly news letter. Check

22:58

it out and subscribe a crooked.com/the Fried

23:00

I'm frank Arab indie. I'm on it.

23:02

It's Oliver and don't try sort of

23:05

our or is there a lot of

23:07

our. Ideal for say

23:09

that this allows me to be a juvenile.

23:11

For a moment because seriously,

23:13

no one thought about the

23:16

com on. Is

23:31

uploaded in Nyc a business associate

23:33

cities is anything and another anatomy

23:35

that indoors he had connection with

23:37

Today we're duran read Walters until

23:39

he a clear and season is

23:41

in the Morrison and are executive

23:43

producer is. He doing here is the

23:45

music is A T dude he. Was

23:59

from. video, Andy. Live and uncensored, catch

24:01

me talking with my friends about my latest

24:03

obsessions, relationship issues, and bodily ailments. With that

24:06

kind of drama that seems to follow me,

24:08

you never know what's going to happen. You

24:11

can listen to Jeff Lewis Live at home

24:13

or anywhere you are. Download the Sirius XM

24:15

app for over 425 channels of ad-free music,

24:20

sports, entertainment, and more. Subscribe now

24:22

and get three months free. Offer

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details apply. You

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can live out your MasterChef dreams when

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you find a professional on Angie to tackle

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your dream kitchen remodel. This

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is still Connect with skilled professionals to get all

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your home projects done well. Visit

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angie.com. You can do this when you

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