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 were prosecuting former President Donald Trump .
Jury nullification, he responded.
What I have experienced is the problem in a high-profile case of jurors who want to get on the jury and who are less than candid, which is a nice way of saying lie, Weissmann, who is now a legal analyst for MSNBC , told co-host Dan Pfeiffer.
Usually most jurors dont want to be on a jury, Weissmann noted during a discussion on Trumps possible imminent indictment in special counsel Jack Smiths investigation into the Jan. 6, 2021, attack on the U.S. Capitol.
But in high-profile matters, you have that problem of somebody really trying to sneak on who is not intending to adhere to their oath of office as a juror, he said.
It only takes one juror to have a hung jury, he continued. Even if its 11-1 for conviction, Trump could still claim its a huge victory.
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So, that would be the thing that would worry me the most, he added. The evidence seems incredibly strong. Thats the biggest thing that I would worry about.
If @AWeissmann_ was prosecuting Trump's January 6 case, this is what would keep him up at night.
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Trump on Tuesday claimed he had received a target letter from the special counsel. The former president said it gave him a very short 4 days to report to the Grand Jury, which almost always means an Arrest and Indictment.
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Trump has this year already been indicted for allegedly mishandling classified documents, faces trial in the Stormy Daniels hush money payment case in 2024, and remains under investigation for his efforts to overturn the 2020 election result in Georgia.
Watch the full podcast episode here:
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