Impossible Impartiality In The Trump And Weinstein Trials

Law360 (February 3, 2020, 6:29 PM EST) -- Recently, two sets of juries were empaneled: one to decide the fate of President Donald Trump and the other to decide the fate of Harvey Weinstein. Both sets of juries swore an oath of impartiality at the beginning of their trials. Trump’s senatorial jurors have repeatedly violated their oaths, and Weinstein’s jurors will have significant challenges in upholding theirs.

The oath of impartiality these days has become as laughably empty as clicking the agreement box for the “Terms and Conditions” of a new smartphone. Without addressing the difficult issue of impartiality in the age of political polarization and instant information access,...

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