The Probably Unfixable Limitations of Our Criminal Justice System
A possible reason why the Justice Department hasn’t apparently been more aggressive in conducting a criminal investigation of Trump’s role in inciting the January 6th insurrection and probable commission of other felonies for which there is ample evidence in the public recored is that roughly 25% percent of the jurors in any criminal trial would likely be ones who either believe or pretend to believe his Big Lie that the 2020 election was stolen from him and other monumental falsehoods, and would believe or pretend to believe that the same forces responsible for this purported outrage would be responsible for securing his indictment and trial for criminal wrongdoing –– call them “true believers.”
True believers may be expected to vote for acquittal regardless of overwhelming evidence of guilt.Since a unanimous verdict of twelve jurors is required to secure a conviction, one true believer would be enough to block it. If 25% of prospective members of the jury are true believers, the odds are extremely high that a jury will contain at least one of them. Nor would jury selection procedures likely make much difference. It cannot responsibly be argued that Trump is above the law, but as a practical matter, in the most important respects, he may be.