Newly unsealed court filings indicate that Trump’s attorney was making a sharply different argument behind the scenes in order to dissuade the judge from ejecting a juror who listened to podcaster Tim Pool, a far-right, pro-Trump commentator who has aligned himself with figures like Steve Bannon.
“A juror’s political affiliation is not grounds for dismissal, even in cases involving a political figure,” said Trump lawyer Joe Tacopina in a May 2 filing that was unsealed by U.S. District Court Judge Lewis Kaplan on Wednesday. Kaplan ultimately sided with Tacopina’s argument, leaving the juror in place.
Tacopina was responding to an April 30 motion by the plaintiff, E. Jean Carroll, to disqualify the juror — identified only as “Juror No. 77.” Carroll’s legal team wanted him disqualified for “inferred bias” based on his acknowledgement that he listened to Pool’s show a few times over the last six months.
“Juror No. 77 has described Pool’s podcast as ‘independent,’ ‘middle,’ and ‘balanced.’ A juror who views Pool’s podcast in that way may subjectively believe that he has no relevant bias, but has just as certainly confirmed that he does,” an attorney for Carroll wrote in the motion. “No person capable of deciding this case fairly and impartially would seek out only Pool’s content, rely on YouTube to promote other content based on Pool’s podcast, and maintain that Pool’s commentary is indeed ‘middle’ and ‘balanced.’”