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Jury Nullification in New York Law

key point
On November 5, 2024, the U.S. electorate acted like the Zenger jury and nullified President Trump’s political lawfare persecutions. Was the “implicit bias“ jury orientation video designed to deny jurors
information about their Zenger nullification right? A January 23, 2025
N.Y. County Lawyers Association panel explored “Causes for Public’s
Eroding Faith in NY Legal System.” No surprise that some panelists “weighed whether that lack of faith was elucidated by President Donald Trump’s criticism of the Manhattan trial court justice who handled his criminal trial.” Another panelist said “prosecutors’ ‘inexcusable’ lack
of discretion in deciding to raid Trump’s home was partly to blame for
the perceptions.” It seems that the panel ignored or was unaware of the
N.Y. juror orientation video and the absence of the Zenger Nullification
Rule.

Stephen I SIller from American Thinker 6:00 PM | January 27, 2025

Wake up, New York! Did you pay attention to the Trump trials? Did you
realize how your rights as a citizen have been abrogated by the New York
legal system? Please read the post-trial Trump jury charge and watch
the New York juror orientation video.

In past years, Chief Judge Judith Kaye’s orientation video depicted the
1735 John Peter Zenger case, which New York schoolkids learned about in pre-woke days. That video told jurors of our inalienable right to find
a defendant not guilty if jurors thought the law in the case was
immoral, wrong, wrongly applied, or just plain unjust. Jurors could
nullify a judge’s jury instruction, which would otherwise give the jury
no choice but to find the defendant guilty.

That Kaye video has been replaced by new videos and memos that discuss
implicit bias. Why the change? Because jurors must follow orders and
not think for themselves on pain of being called biased, a racist, or worse.

The “Jury Nullification Rule” and the Zenger case are summarized here:

Zenger was tried for seditious libel, and, under British law ... truth
was no defense to the charge. ... Zenger’s lawyer, Andrew Hamilton,
argued to the jury that Zenger should not be punished for true
statements criticizing the government. In the end, the jury agreed with Hamilton — ignoring the existing rule under the English common law and refusing to convict Zenger. This was an early example of jury
nullification, with the jurors refusing to convict a guilty defendant
(in this case, Zenger) for violating laws that the jurors deemed unjust.
The case ... came to stand for a core principle ... that true
statements criticizing the government cannot be punished.

On November 5, 2024, the U.S. electorate acted like the Zenger jury and nullified President Trump’s political lawfare persecutions. Was the “implicit bias“ jury orientation video designed to deny jurors
information about their Zenger nullification right? A January 23, 2025
N.Y. County Lawyers Association panel explored “Causes for Public’s
Eroding Faith in NY Legal System.” No surprise that some panelists “weighed whether that lack of faith was elucidated by President Donald Trump’s criticism of the Manhattan trial court justice who handled his criminal trial.” Another panelist said “prosecutors’ ‘inexcusable’ lack
of discretion in deciding to raid Trump’s home was partly to blame for
the perceptions.” It seems that the panel ignored or was unaware of the
N.Y. juror orientation video and the absence of the Zenger Nullification
Rule.

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