Legal experts flag one thing 'to keep an eye out for' in Trump's first criminal trial

Flanked by attorneys, former U.S. President Donald Trump appears in the courtroom for an arraignment proceeding at Manhattan Criminal Court on Tuesday, April 4, 2023, in New York City. - Seth Wenig/Getty Images North America/TNS

Donald Trump is scheduled to set history on Monday by becoming the first former president to face a criminal trial, and there's one thing legal experts say to pay close attention to.

Andrew Weissmann, the former top prosecutor on former special counsel Robert Mueller's team, on Friday suggested what he thought citizens and journalists should look closely at.

For Weissmann, all eyes are on the upcoming selection of the jury.

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"What to keep an eye out for in the NY Trump trial jury selection: will the DA have to make a 'Batson challenge' to preclude Trump from considering race in striking potential jurors from the trial," he wrote on Friday.

Retired lawyer Richard Spagnolli concurred, saying, "Absolutely."

"Trump has given his attorneys marching orders for jury selection," he said in response to Weissmann. "Get ready for the ride."

MSNBC legal analyst and host Katie Phang flagged the post as "an important point from [Weissmann]" that she had "previously raised" in a post:

"Peremptory strikes CAN be challenged if there is a concern or a suspicion that the real reason a party wants to strike the juror is on the basis of their race, national origin, ethnicity, or gender," she wrote.

Another attorney, Peter L. Zachar, had a slightly different take than Weissmann.

"That's the case Batson v. Kentucky," the lawyer wrote on Friday. "Hasn't this case been widely criticized for its inability to prevent discriminatory use of peremptory challenges? Perhaps you and Mary McCord can elaborate on the details in the next Prosecuting Donald Trump podcast?"

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