How Renegade Juries Could Help Thwart Trumpian Misrule
Some of the earliest cases of jury nullification were sparked by the spirit of the American Revolution, would-be citizens pushing back against perceived overreach by the British monarchy. John Peter Zenger was a German immigrant and printer who was charged with publishing “seditious libels” for his recounting of a dispute between the governor of New York Province and a provincial council member; he followed these publications with warnings about the possibility of the governor repressing freedom of the press. The jury acquitted Zenger, setting off fears among prosecutors of further jury nullifications in libel cases and a significant drop-off in prosecutions.
Jury nullification has a long history in the U.S., but it is not merely a relic of colonial times. More recently, juries have nullified prosecutions under other laws widely seen as unjustified by the public. Prior to the ratification of the Thirteenth Amendment banning slavery, juries nullified prosecutions of both escaped enslaved people and those who assisted them. During the Prohibition era, juries acquitted bootleggers such as George Beven to send a message about their opposition to prohibition. During the Vietnam War, juries acquitted many people who avoided the draft. Despite openly admitting to assisting in his patients’ suicides, multiple juries nullified prosecutions against Dr. Jack Kevorkian. Even more recently, Doug Darrell, a Rastafarian with no prior criminal record who was caught growing cannabis on his property, was acquitted through jury nullification.
On the eve of the second Trump administration, the president-elect has already signaled his intention to pursue prosecutions of some of his political enemies, such as President Joe Biden, former Congresswoman Liz Cheney, Congresswoman Nancy Pelosi, Manhattan District Attorney Alvin Bragg, and others. In addition to these specific threats, Trump has discussed prosecuting the “enemy from within,” referring to Democrats more broadly—both politicians and regular people. Trump’s nominee for FBI director, Kash Patel, is widely seen as eager to turn Trump’s vindictive fantasies into reality.
