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Fox's Napolitano: Roger Stone 'absolutely entitled' to new trial after juror's tweets revealed

Fox News senior judicial analyst Andrew NapolitanoAndrew Peter NapolitanoFox's Napolitano says grand jury erred in Taylor case: 'I would have indicted all three of them' Fox's Napolitano: Supreme Court confirmation hearings will be 'World War III of political battles' Fox's Napolitano: 2000 election will look like 'child's play' compared to 2020 legal battles MORE argued Thursday that Roger StoneRoger Jason StoneThe Hill's 12:30 Report - Presented by ExxonMobil - Third approved vaccine distributed to Americans DOJ investigating whether Alex Jones, Roger Stone played role in Jan. 6 riots: WaPo Nearly a quarter of Trump's Facebook posts in 2020 included misinformation: analysis MORE should get a new trial after unearthed tweets appear to show an “inherent bias” from a juror who voted to convict the longtime friend of President TrumpDonald TrumpTrump State Department appointee arrested in connection with Capitol riot Intelligence community investigating links between lawmakers, Capitol rioters Michelle Obama slams 'partisan actions' to 'curtail access to ballot box' MORE.

“[Stone is] absolutely entitled to a new trial with a member of a jury making these types of revelations about the politics involved in the decisions to prosecute him,” Napolitano said on “Fox & Friends." 

“It is the duty of the judge to ensure that both the government and defendant get a fair trial, and if the judge discovers afterward that there was a built-in inherent bias on the part of a member of a jury against the defendant, that is an automatic trigger for a new trial,” he later explained. “[U.S. District Judge Amy Berman Jackson is] going to have to call those jurors back in and interrogate them or make a decision on the spot."

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The perspective comes after Tomeka Hart, a former Democratic congressional candidate, revealed Wednesday she served as foreperson on the jury that convicted Stone on obstruction charges in November.

Several of Hart's anti-Trump tweets were then uncovered, including a March post about the Mueller investigation, which led to the charges against Stone.

In January 2019, Hart also sent a since-deleted tweet of Stone's arrest in a pre-dawn raid in Florida while sharing an article outlining his indictment. "Brought to you by the lock her up peanut gallery," Hart wrote.

Four Department of Justice prosecutors resigned from the Stone case on Tuesday after Attorney General William BarrBill BarrPolitics in the Department of Justice can be a good thing Majority of Republicans say 2020 election was invalid: poll Biden administration withdraws from Connecticut transgender athlete case MORE stepping in to recommend a lower sentence than they recommended for lying to Congress and witness tampering. 

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Hart shared a Facebook post with CNN on Wednesday in support of the four prosecutors, stating she "couldn't stay silent any longer."

"I want to stand up for Aaron Zelinsky, Adam Jed, Michael Marando, and Jonathan Kravis — the prosecutors on the Roger Stone trial," she wrote in the post. "It pains me to see the DOJ now interfere with the hard work of the prosecutors. They acted with the utmost intelligence, integrity, and respect for our system of justice."

Trump has been supportive of Stone while publicly slamming the judge in the case.

"Is this the Judge that put Paul ManafortPaul John ManafortProsecutors drop effort to seize three Manafort properties after Trump pardon FBI offers 0K reward for Russian figure Kilimnik New York court rules Manafort can't be prosecuted by Manhattan DA MORE in SOLITARY CONFINEMENT, something that not even mobster Al Capone had to endure? How did she treat Crooked Hillary ClintonHillary Diane Rodham ClintonHillary Clinton brings up 'Freedom Fries' to mock 'cancel culture' Edie Falco to play Hillary Clinton in Clinton impeachment series White House defends Biden's 'Neanderthal thinking' remark on masks MORE? Just asking!" Trump tweeted to his more than 72 million followers on Tuesday.