Prosecutors are seeking a Feb. 2 deadline to jointly submit a written jury questionnaire ahead of in-person jury selection.
On Tuesday, federal prosecutors asked the Florida judge presiding over former President Donald Trump’s classified documents trial to approve a written jury questionnaire ahead of an in-person selection process, given the high profile of the case.
In a Dec. 19 motion to U.S. District Judge Aileen Cannon, special prosecutor Jack Smith’s office said, “Because the pre-trial publicity surrounding this case is substantial, the Government recommends a thorough jury selection process, including a written questionnaire completed by potential jurors before in-person voir dire.”
The jury questionnaire would form part of a comprehensive jury selection process that prosecutors seek to expedite the selection process by identifying uncontested strikes for cause and hardship before in-person voir dire, a process in which potential jurors are screened to determine their impartiality.
Citing the high profile of the case, Mr. Smith’s office also argues that using a jury questionnaire in addition to in-person voir dire will safeguard President Trump’s Sixth Amendment right to a fair and efficient jury selection process. The motion suggests that a questionnaire will streamline the process by allowing the parties and the court to conduct informed individual questioning of a narrowed pool of potential jurors.
“A written questionnaire, used as part of a comprehensive voir dire process, is a potent tool to sift out potential jury bias in cases where there has been substantial media attention,” Mr. Smith’s office said in the filing.
The motion, noting the 10-week lead time needed in other cases, seeks a Feb. 2, 2024, deadline for the parties to submit a proposed jury questionnaire to Judge Cannon and highlight any disagreement points.
Prosecutors push for this date, noting that there might not be enough time to undertake this process before the May 20, 2024 trial date should they wait to start the process after the March 1, 2024, scheduling conference.
However, Judge Cannon cast doubt on the May 20 trial date in a prior order in November, which pushed back key pre-trial deadlines. The order also noted that the trial’s start date would be “considered at a scheduling conference” in March.
