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Maybe the Legal Pundits DO Get It

Yesterday, we had an item about the potential for a rogue juror in one (or all) of Donald Trump's legal cases, under the headline "The Legal Pundits Don't Get It Either." The central point of that piece was that it's going to be tough to craft juries without any die-hard MAGA types on them, and that jurors who simply won't vote to convict the Dear Leader may end up being his salvation.

Today, we're going to start a run of readers' jury-service narratives that speak to the things that happened in the jury room (see below). Reading those entries affirms what every reader surely already knows: Anything can happen with a jury made up of citizens chosen (largely) at random. The involvement of Trump, and the fact that there are very few Americans who do not have a strong opinion about him, simply increases the chance of unexpected results.

That said, we also thought we would provide the counterpoint to yesterday's piece. It is absolutely the case that Trump could be dead-to-rights, and that he could nonetheless be saved by a friendly juror. But it's also the case that he should not be sleeping easy. Here are some of the main reasons why:

The bottom line is this: As we wrote yesterday, anyone who says the case against Trump is a done deal, and that he's 100% done for, is simply not correct. There are too many variables to be so certain. But anyone who says that he's certain to skate, thanks to the likelihood of seating a friendly juror, is equally wrong. There are all kinds of problems with that "strategy," which may be why Trump seems to be more interested in pursuing it than are the legal professionals in his employ.

Also, as long as we are on this subject, we'll note a couple of news-ish items on this front. First, CNN reported yesterday that former aide Hope Hicks and current son-in-law Jared Kushner both testified before the Washington grand jury. Nobody knows what was said, which is why this is only news-ish, but the point of two of the most inside of Trump insiders being there was probably not to exchange quilt patterns and gluten-free pizza recipes.

And finally, a group of six lawyers writing for Just Security has just published a proposed model prosecution memo on the subject of Trump, election interference and the 1/6 insurrection. And by "prosecution memo," we really mean "prosecution novel" (it's 264 pages and 116,000+ words). Head over there and read it, if that's your thing, but the two biggest takeaways are: (1) Trump's got a world of trouble when it comes to the insurrection, and (2) the lawyers' guess is that an indictment is coming very soon, perhaps even before Fani Willis gets going in Georgia. If everyone is reading the tea leaves correctly, Trump could double the number of indictments he's under by the time the U.S. celebrates National Failures Day (August 15). (Z)

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