US Presidents are typically advised never to publicly comment on pending criminal cases due to the legal ramifications and their potential to influence juries.
Public comments can be used by defence lawyers to argue that their clients cannot get a fair trial – especially when the head of the government prosecuting a case advocates the ultimate punishment before a judge has heard any evidence at trial.
Former federal prosecutor highlighted the risks when he tweeted: “Mr. President, we all know he should get the death penalty. But when *you* say it, it makes it harder for DOJ to make that happen.”
Mr. President, we all know he should get the death penalty. But when *you* say it, it makes it harder for DOJ to make that happen. https://t.co/m19gHTLg7R
— Andy McCarthy (@AndrewCMcCarthy) November 2, 2017
Saipov faces two charges, one of which carries the death penalty if the government chooses to seek it, Manhattan acting US Attorney Joon Kim said.