Jury nullification activist group in House Oversight probe raises First Amendment concerns

One of the activist groups targeted in a congressional investigation is asking House Oversight Committee Chair James Comer, R-Ky., to clarify the scope of his investigation. 

Earlier this month, Comer announced an investigation into jury nullification initiatives over concerns they are training activists to conceal their biases during jury selection, infiltrate juries, and acquit criminals based on political agendas rather than the law and evidence.

Comer argues that the groups' training courses "undermine the rule of law, the safety of D.C.’s residents, and erode public trust in the justice system." 

“Free DC, in coordination with Harriet’s Wildest Dreams, has held jury nullification training sessions to instruct potential jurors in how to navigate juror vetting and subvert lawful prosecutions in the District of Columbia. Leaders at these public sessions brazenly declared radical intentions," he said in a statement. 

Comer is requesting all documents and communications related to their jury nullification training sessions, coordination with outside partners and their funding.

The law firm representing Harriet’s Wildest Dreams, a Black advocacy group, sent a letter to Comer on Tuesday asking for a 90-day extension to share the documents Comer is requesting. The firm also states that the probe raises First Amendment concerns.

"Speaking to members of the public about the history, powers, and responsibilities of jurors is speech on a matter of public concern and lies at the core of the First Amendment," the firm wrote. 

The firm wrote that Harriet’s Wildest Dreams denies that they've engaged in any unlawful conduct, and it asks that Comer's office contact the firm to discuss the scope of the chairman's requests and "appropriate accommodations."