Lori Falce: Jury in Trump case upholds Jefferson's ideals

Apr. 19—A criminal trial is built out of more than just evidence, testimony and justice.

Predominantly, it is constructed of people: the prosecution, the defense, the accused, the judge, the witnesses. All are moving parts in the machine of court. But the most critical group of people in the process are the members of the jury.

In New York City, a jury will make history when it sits to hear the case of former president and GOP presidential contender

Donald Trump.

It is tempting to make the process right now all about the defendant. The case is against him. He is one of the most famous people in the world, and he occupies a unique space in the public discourse and in the identity of many of his supporters. How can I say it isn't all about him?

Because right now, the

process is about the jury.

"I consider that (trial by jury) as the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution," Thomas Jefferson said in a letter to Thomas Paine.

With that in mind, the jury takes on a role somewhat different than what we may normally consider. They aren't 12 people who couldn't figure out a way to avoid public service. They are the living embodiment of the U.S. Constitution. They are, literally, "We the people."

And that is why jury selection needs to be done with a mind not toward getting the "right" jury. In any case, the jury is not a tool of the prosecution or a friend of the defense. They are the reflection of the people.

Pittsburgh saw one of the last major jury selections with national scope last year in the trial of Robert Bowers, the man who would ultimately be convicted of the most brutal and deadly antisemitic attack on U.S. soil. It was a process that started April 24, 2023, and ended 31 days later. A pool of 1,500 people was narrowed bit by bit to 12 jurors and six alternates who would decide not just Bowers' guilt or innocence but also his life or death.

The Trump jury selection is moving with much more speed. By the end of day 2, seven jurors were selected. Yesterday, they got to 12 with only the alternates to go. While experts had predicted a pace that could take weeks, the Manhattan criminal court has wasted no time in getting the job done.

Is it, perhaps, too fast? It's an argument that could be made. How does it take longer to pick a jury for Bowers, a murderer whose own attorneys admitted his crimes, than for a case that absolutely will be the basis for books and books of analysis for years?

The answer lies not in who has been seated but who has been dismissed. Judge Juan Merchan has released dozens of people because they said they did not believe they could be fair and impartial.

It might seem obvious to do that. It is, but it is also hard in the normal course of court. No one really wants jury duty, so if you just let everyone go for speaking that excuse like a magic spell, the justice system grinds to a halt.

But Merchan has made the right call in dismissing anyone with any skepticism about their ability from what will be the most famous jury in American history.

The people called for service who walked away have done the right thing, too. They did what Jefferson said, holding to the principles of the Constitution. It was noble and it allows the process to move forward, fair to both the people and the former president.

Lori Falce is the Tribune-Review community engagement editor and an opinion columnist. For more than 30 years, she has covered Pennsylvania politics, Penn State, crime and communities. She joined the Trib in 2018. She can be reached at lfalce@triblive.com.