Former Acting Attorney General Matt Whitaker lamented Wednesday that prosecutor John Durham's probe into ex-Clinton attorney Michael Sussmann may be "tough" not to politicize considering the trial involves key political figures and the jury is from progressive Washington, D.C. Whitaker also noted on "Fox & Friends First" his concern that the jury may "keep their ears up" for anything that sounds political during court arguments since the "dog whistles of Trump-Clinton" sounded at the beginning of the trial.

SUSSMANN-DURHAM TRIAL: PROSECUTION SAYS CLINTON LAWYER USED FBI TO CREATE AN ‘OCTOBER SURPRISE’ AGAINST TRUMP

MATT WHITAKER: Having tried cases both as a prosecutor and as a defense lawyer in federal court, what I know about juries is oftentimes we don't give them enough credit for paying attention and listening, but obviously, in Washington, D.C., where this trial is based and where this jury pool has been pulled from, the juries typically lean left, and I'm a little worried that as soon as the dog whistles of Trump, Clinton were mentioned in the opening arguments that this jury has their ears up for anything that looks political or looks based on politics. Most juries do their jobs and listen and apply the law, but obviously, in a left-leaning place like Washington, D.C., it's going to be tough for a jury not to be politicized, and especially in this highly-charged case. I'm watching that very carefully.

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