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Former federal prosecutor Andrew Weissmann was asked on the latest episode of the Pod Save America podcast what would give him sleepless nights if he was prosecuting former President Donald Trump.
Jury nullification, he answered.
What I experienced was the problem in a high-profile case of jurors wanting to join the jury and be less honest, which is a good way of telling lies, Weissmann, now a legal analyst for MSNBC, told co-host Dan Pfeiffer.
Most jurors generally don’t want to be jurors, Weissmann said during a discussion about Trump’s possible impending indictment in special counsel Jack Smith’s investigation into the Jan. 6, 2021, attack on the US Capitol.
But in high-profile cases, you have the problem of someone actually trying to come off as not intending to abide by their oath of office as a juror, he said.
It only takes one juror to have a hung jury, he continued. Even if it’s 11-1 for conviction, Trump can still claim its big victory.
So, that would worry me the most, he added. The evidence seems incredibly strong. That’s the biggest thing I have to worry about.
Trump said Tuesday that he had received a targeted letter from the special counsel. The former president said he was given a very short 4 days to report to the Grand Jury, which almost always means an Arrest and Indictment.
Trump has already been indicted this year for allegedly mishandling classified documents, faces trial over the 2024 Stormy Daniels hush money payment, and remains under investigation for his efforts to overturn the 2020 election results in Georgia.
Watch the full podcast episode here:
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