Fox News senior judicial analyst Andrew NapolitanoAndrew Peter NapolitanoAndrew Napolitano out at Fox News amid allegations of harassment Fox'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' MORE argued Thursday that Roger StoneRoger Jason StoneBannon says he discussed how to 'kill this administration in the crib' with Trump before Jan. 6 Roger Stone served with Capitol riot lawsuit during radio interview Lawyer for 17 Jan. 6 defendants says he's been released from hospital 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 TrumpGraham says he hopes that Trump runs again Trump says Stacey Abrams 'might be better than existing governor' Kemp Executive privilege fight poses hurdles for Trump 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."
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.
Ignoring the numerous indictments, guilty pleas, and convictions of people in 45’s inner-circle, some Republicans are asserting that the Mueller investigation was a waste of time because he hasn’t found evidence of... https://t.co/HxDodwFxFF— Tomeka Hart (@hartformemphis) March 24, 2019
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.
More about Mueller: pic.twitter.com/VGTfFRC6v7— Shem Horne (@Shem_Infinite) February 13, 2020
Four Department of Justice prosecutors resigned from the Stone case on Tuesday after Attorney General William BarrBill BarrTrump pushes back on book claims, says he spent 'virtually no time' discussing election with Lee, Graham Woodward: Milley was 'setting in motion sensible precautions' with calls to China Barr-Durham investigation again fails to produce a main event MORE stepping in to recommend a lower sentence than they recommended for lying to Congress and witness tampering.
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 ManafortDOJ investigating one-time Trump campaign adviser over alleged ties to Qatar: report Foreign lobbyists donated over M during 2020 election: report Former Mueller prosecutor representing Donoghue in congressional probes: report MORE in SOLITARY CONFINEMENT, something that not even mobster Al Capone had to endure? How did she treat Crooked Hillary ClintonHillary Diane Rodham ClintonDemocrats worry negative images are defining White House Heller won't say if Biden won election Whitmer trailing GOP challenger by 6 points in Michigan governor race: poll MORE? Just asking!" Trump tweeted to his more than 72 million followers on Tuesday.