I recently got a check for under $20 for a couple of days of jury duty. Of course if I had known the defendant then I could not have served on the jury. We now have a jury of 100 Senators for the impeachment trial of POTUS. Clearly, in this case, that juror requirement does not apply.
What other rules are different in the impeachment case?
Let’s look at a definition of Jury Nullification.
“Jury nullification
Jury nullification generally occurs when members of a criminal trial jury believe that a defendant is guilty, but choose to acquit the defendant anyway because the jurors also believe that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, or that the potential punishment for breaking the law is too harsh. Some juries have also refused to convict due to their own prejudices in favour of the defendant.”
Can Senators use Juror Nullification in an Impeachment trial?
If we look at the last line, the workings of this Senate might look no more than a popularity contest — prejudices being replaced by popularity due to the fact that the jurors are familiar with the defendant.
Can Senators believe a defendant should be acquitted because they believe the law is unjust and that POTUS should be allowed to bribe foreign leaders to enable election cheating?
Can Senators shy away from declaring guilty because that would mean POTUS would lose their job and that would be too harsh a punishment? (Sen. Lamar Alexander seems to believe he can do this)
We know that in a regular criminal case the Senators would not be allowed to serve as jurors as they know the defendant. So there are differences. Will Chief Justice Roberts explain what these jurors are allowed to do (is Senator Lamar Alexander’s position lawful in this case?) and what these jurors are not allowed to do? Or will Roberts’ legacy be remembered by his silence?
Will Chief Justice Roberts open the flood gates to juror nullification across the country? Will The GOP become the party of “Crime and no Punishment”?
Whichever way it goes more facts will be revealed. We need clarity on what is legal and what is not legal in this case. A case where new material witnesses are either not being summoned or are hiding in the shadows.
