Garland’s J6 juries confirm Durham’s argument: Conservatives can’t receive a fair trial in D.C.

Special Counsel John Durham’s Remarks on Juries and Political Cases

Special Counsel John Durham’s comments on the difficulty of obtaining a conviction in politically charged cases due to biased juries were not unethical or inappropriate. Attorney General Merrick Garland’s decision to prosecute J6 defendants solely in the nation’s capital confirms Durham’s assessment that criminal cases against political pariahs are easier to win in D.C.-area federal courts.

The Washington Post’s Response

The Washington Post’s headline questioning whether Durham’s criticism of juries went too far is ironic, given the outlet’s history of publishing fake news to propagate the Russia-collusion hoax. Instead of focusing on the substantive content of Durham’s report, which details malfeasance by the DOJ and FBI and the Clinton campaign’s responsibility for the scandal, the Post focused on Durham’s introductory remarks on criminal charging decisions.

Department of Justice Manual

The DOJ’s manual, “The Principles of Federal Prosecution,” makes the same point as Durham on biased juries and politics dictating case outcomes. Sometimes, even when the law and facts create a sound, prosecutable case, the likelihood of an acquittal due to the unpopularity of some aspect of the prosecution or the overwhelming popularity of the defendant or their cause may be high.

D.C. Jury Pool Bias

The DOJ’s decision to prosecute J6 defendants solely in the nation’s capital, despite evidence of bias in the D.C. jury pool, further erodes trust in the legal system. Congress and the courts should respond by granting defendants more peremptory challenges and amending venue rules to give defendants a better opportunity to relocate highly politicized cases to less partisan locales.

Overall, it is important to remind Americans that juries may not convict due to strongly held political passions rather than actual innocence, and to push for measures that counter bias to the largest extent possible.

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