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You’ve been asked to serve on the jury in the first-ever criminal prosecution of a United States president. What could possibly go wrong? The answer, of course, is everything.
A juror in former president Donald Trump’s ongoing criminal trial in New York was excused on Thursday after voicing fears that she could be identified based on biographical details that she had given in court. The dismissal of Juror 2 highlights the potential dangers of participating in one of the most politicized trials in US history, especially in an age of social media frenzies, a highly partisan electorate, and a glut of readily available personal information online.
Unlike jurors in federal cases, whose identities can be kept completely anonymous, New York law allows—and can require—the personal information of jurors and potential jurors to be divulged in court. Juan Merchan, the judge overseeing Trump’s prosecution in Manhattan, last month ordered that jurors’ names and addresses would be withheld. But he could not prevent potential jurors from providing biographical details about themselves during the jury selection process, and many did. Those details were then widely reported in the press, potentially subjecting jurors and potential jurors to harassment, intimidation, and threats—possibly by Trump himself. Merchan has since blocked reporters from publishing potential jurors’ employment details.
The doxing dangers that potential jurors face became apparent on Monday, day one of the proceedings. An update in a Washington Post liveblog about Trump’s trial revealed the Manhattan neighborhood where one potential juror lived, how long he’d lived there, how many children he has, and the name of his employer. Screenshots of the liveblog update quickly circulated on social media, as people warned that the man could be doxed, or have his identity revealed publicly against his will with the intent to cause harm, based solely on that information.
“It's quite alarming how much information someone skilled in OSINT could potentially gather based on just a few publicly available details about jurors or potential jurors,” says Bob Diachenko, cyber intelligence director at data-breach research organization Security Discovery and an expert in open source intelligence research.
Armed with basic personal details about jurors and certain tools and databases, “an OSINT researcher could potentially uncover a significant amount of personal information by cross-referencing all this together,” Diachenko says. “That's why it's crucial to consider the implications of publicly revealing jurors' personal information and take steps to protect their privacy during criminal trials.”
Even without special OSINT training, it can be trivial to uncover details about a juror’s life. To test the sensitivity of the information the Post published, WIRED used a common reporting tool to look up the man’s employer. From there, we were able to identify his name, home address, phone number, email address, his children’s and spouse’s identities, voter registration information, and more. The entire process took roughly two minutes. The Post added a clarification to its liveblog explaining that it now excludes the man’s personal details.
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The ready availability of those details illustrates the challenges in informing the public about a highly newsworthy criminal case without interfering in the justice process, says Kathleen Bartzen Culver, the James E. Burgess Chair in Journalism Ethics and director of the School of Journalism & Mass Communication at the University of Wisconsin-Madison.
“Simply because a notable figure is on trial does not mean that a juror automatically surrenders any claim to privacy,” Bartzen Culver says. “People who have been drawn into a case that is exceptionally newsworthy are not aware that a simple statement that they make about where they work might identify them and open them up to scrutiny and possibly risk.”
The dangers to jurors or potential jurors has only increased since the first day of jury selection, which remains ongoing, in part due to the challenges of prosecuting a former US president and the presumptive Republican nominee in the 2024 US presidential election. Trump is charged with 34 counts of falsifying business records, a class E felony in New York state, for payments made ahead of the 2016 presidential election related to alleged affairs with two women, adult performer Stormy Daniels and Playboy model Karen McDougal. Trump has claimed his prosecution is a “communist show trial” and a “witch hunt” and has pleaded not guilty.
On Fox News, coverage of Trump’s trial has repeatedly focused on the potential political motivations of the jurors, bolstering the former president’s claims. Trump, in turn, has repeated the claims by the conservative news network’s hosts. In a post on Truth Social on Wednesday, Trump quoted Fox News commentator Jesse Watters claiming on air that potential jurors in Trump’s trial are “undercover liberal activists lying to the judge in order to get on the Trump jury.” This, despite a gag order that forbids Trump from “making or directing others to make public statements about any prospective juror or any juror in this criminal proceeding.”
Broader media coverage of the Trump trial jurors appears to often be the work of political reporters who are unfamiliar with the journalism ethics specific to covering a criminal trial, says UW-Madison’s Bartzen Culver. “It's like when political reporters covered Covid and science journalists lost their minds.” She adds that it’s important for any journalist covering a criminal case—Trump’s or otherwise—to “consider our role within the justice system.”
“Unethical behavior by journalists can delay trials. It can result in overturned convictions and the people having to go back and do a retrial,” Bartzen Culver says. “That all works against our system of justice.”
The New York case is one of four ongoing criminal proceedings against Trump. In Georgia, where he faces multiple felony charges for alleged attempts to interfere with the state’s electoral process in 2020, Trump supporters leaked the addresses of members of the grand jury, after their names were listed in the 98-page indictment against the former president, as required by state law. Georgia’s Fulton County Sheriff’s Office said last August that it was investigating threats against the jury members. The incident highlights the persistent dangers people can face from Trump’s supporters, both in the near term and for the rest of their lives, if they’re viewed as having acted against him.
The leaks were discovered by Advance Democracy Inc. (ADI), a nonpartisan, nonprofit research and investigations organization founded by Daniel J. Jones, a former investigator for the FBI and the US Senate Intelligence Committee. So far, Jones tells WIRED, ADI has not uncovered attempts to dox jurors in Trump’s New York trial. But it’s still early days.
“We have not yet found identifying information on the extremist forums we monitor,” Jones says. “Having said that, I share your concern that it is only a matter of time before this happens.”
