Jonathan Turley takes apart the dishonest jury foreperson in the Roger Stone trial. She is the enemy of justice.

Juror 1261 in Roger Stone's case: Was justice undone?

BY JONATHAN TURLEY, OPINION CONTRIBUTOR —  02/15/20 10:30 AM EST

She was Juror No. 1261, and her examination by the federal court and counsel before the trial was anything but notable. And that is precisely the problem.

Juror 1261, we now know, was Tomeka Hart. Her identity would have remained publicly unknown except for a public statement she made after the Department of Justice (DOJ) rescinded its initial sentencing recommendation for Trump confidant Roger Stone. In the midst of the firestorm of allegations of political interference, Hart disclosed that she was the foreperson on the Stone jury and gave a full-throated defense of the trial prosecutors: “It pains me to see the DOJ now interfere with the hard work of the prosecutors.” 

That statement led many people to Google her name, and what they found was a litany of postings not only hostile to President Trump and his administration but also specifically commenting on Stone and his arrest — before she ever appeared for jury duty.

That lack of knowledge is not surprising since multiple questions on the jury questionnaire allowed her to reveal her past protests and postings. For example, Question 30 asked whether she had any opinion about figures such Donald Trump. There also was Question 23 that asked whether she had "written or posted anything for public consumption about the defendant, the House Permanent Select Committee on Intelligence investigation into Russian interference in the 2016 presidential election, or the investigation conducted by Special Counsel Robert Mueller?" Questions 34 and 35 specifically ask about her prior knowledge or opinions of the Stone case, which she referenced on social media. It is hard to believe that she disclosed these public statements in her answer and was not questioned about them.

If this information was withheld by Hart, it raises a question about the veracity of her testimony and, more importantly, the fairness of the trial.

It certainly seems Hart had no place on the Stone jury. The Supreme Court has repeatedly declared that the “minimal standards of due process” demand “a panel of impartial, indifferent jurors.” Hart’s record suggests little that is impartial or indifferent. She was perfectly within her right to engage in such commentary and protests — but she had no right to sit in judgment of an associate of the president after her public declarations. Her participation raises serious arguments for setting aside the verdict, from the possibility of ineffective counsel to the denial of due process.

The burden now is on Judge Jackson to hold a hearing on this matter and address the possible need for a mistrial. And one thing will be clear: Judge Jackson, in the words of Juror No. 1261, does not “gotta love” any of this.

Jonathan Turley is the Shapiro Professor of Public Interest Law for George Washington University and served as the last lead counsel during a Senate impeachment trial. He testified as a witness expert in the House Judiciary Committee hearing during the impeachment inquiry of President Trump.

TAGS ROGER STONE ROBERT MUELLER DONALD TRUMP ROGER STONE TRIAL SOCIAL MEDIA