VERIFY | Trump faces long odds getting trial moved out of Washington, DC

WASHINGTON D.C., DC — Former President Donald Trump hopes his first visit to the E. Barrett Prettyman United States Courthouse on Thursday will also be his last.

He posted on Truth Social that he wants the trial over his alleged attempt to subvert the 2020 presidential election moved to West Virginia because he says he wouldn’t get an impartial jury in D.C.

QUESTION

Could former President Trump get his trial moved from Washington D.C. to West Virginia?

SOURCES

ANSWER

While a change of venue is possible, it is highly unlikely.

WHAT WE FOUND

The U.S. Constitution discusses in two locations where trials should take place.

Article III, Section 2, Clause 3 says criminal trials (with the exception of impeachment trials) "shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed."

The Sixth Amendment adds, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed."

The Federal Rules of Criminal Procedure say a trial can be moved if the defendant proves that they won’t get an impartial jury.

But Anthony Michael (Cryse) Kreis, a law professor at Georgia State, told us there’s a difference between impartial and friendly.

He said plenty of January 6 defendants might have preferred to move their trials out of D.C. too, but the jury selection process is designed to weed out people who won’t use the facts to reach a verdict.

And since stopping the vote in Congress was the focus of the alleged conspiracy, Kreis said D.C. is the best jurisdiction for the trial.

Donald Trump also tried to change the venue of his New York case, from a state court to a federal court.

But the judge denied his request.

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