Live coverage: Donald Trump's first criminal trial, Day Two


Donald Trump has arrived at the Manhattan courtroom of Judge Juan Merchan for the second day of his criminal trial over falsifying business records connected to hush money payments made to adult film actress Stormy Daniels.

On Monday, Merchan ruled on several motions from each side and set a hearing date of April 23 for the issue of whether Trump is in violation of his gag order. Merchan kept up a brisk pace in the afternoon, bringing in the first 96 potential jurors before dismissing more than half of them with a single question over their ability to be fair and impartial in this case. The afternoon ended with the first 18 of the remaining potential jurors answering preliminary questions. 

Merchan is expected to try to keep Tuesday centered on juror selection. With a reported 500 potential jurors to process, there should be no problem finding enough to fill the jury box, but just getting through them all is going to be an effort.


UPDATE: Tuesday, Apr 16, 2024 · 3:04:47 PM +00:00

·
Mark Sumner

If you want to see what’s going on with each of these jurors in detail—and I mean detail—I’d suggest peeking in on Politico’s live blog.

For example:

Fourth prospective juror of the day: a man originally from Mexico who now lives in Hell’s Kitchen and works in finance. He lives alone, but has a dog. He reads the New York Times and Huffington Post. He listens to some podcasts that are LGBTQ-related.

Hmm. Lives alone in Hell’s Kitchen, but works in finance, not as a lawyer. So I don’t think we have to ask this guy if he sidelines as a vigilante crime fighter

So far, it looks like only four of the initial 18 prospective jurors are going to clear round 1.


UPDATE: Tuesday, Apr 16, 2024 · 2:57:17 PM +00:00

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Mark Sumner

Prosecutors want Merchan to inform Trump that further violations of the gag order won’t result in trivial fines.

Trump should be warned that further gag order violations could earn him “a term of incarceration of up to thirty days,” prosecutors tell the judge. Full filing here. https://t.co/is7P2ILraj pic.twitter.com/ncia26eSbP

— Adam Klasfeld (@KlasfeldReports) April 16, 2024


UPDATE: Tuesday, Apr 16, 2024 · 2:52:36 PM +00:00

·
Mark Sumner

Question 17 for the potential jurors is: Have you, a relative, or close friend ever had any education, training, or work experience in the legal field, including but not limited to practicing criminal or civil law? 

That question garnered a somewhat fun response.

NEW: A prospective juror won the morning in response to one of the jury questions. “I dated a lawyer for a while…. It ended fine,” she added, as if to underscore that she harbors no ill will toward attorneys. The overflow room roared.

— Lisa Rubin (@lawofruby) April 16, 2024

I suspect they’ll let her stay.


UPDATE: Tuesday, Apr 16, 2024 · 2:48:13 PM +00:00

·
Mark Sumner

One thing happening outside the courtroom today is adding an extra dash of drama.

When he scheduled a hearing on whether Trump should be held in contempt over violations of the gag order, Merchan gave both sides four days to file their response. But the prosecution has been super eager beavers. and their full filing is already complete.

News: Prosecutors release their written arguments for finding Trump in contempt for posts that they say “unquestionably” violate the gag order. Full filing in the thread. pic.twitter.com/XdXfMYnZjB

— Adam Klasfeld (@KlasfeldReports) April 16, 2024

More on this in a moment, because the prosecution is seriously pushing Merchan to play hardball.


UPDATE: Tuesday, Apr 16, 2024 · 2:39:50 PM +00:00

·
Mark Sumner

As MSNBC’s Katie Phang notes, a lot of today (and next week) may end up with little drama other than the slow parade of potential jurors and the occasionally amusing answer to a question.  But this could be the most critical part of the trial.

Katie’s Sidebar: Jury selection can be a long, tedious process. However, it is one of the most, if not THE most, important part of a jury trial. So, as the days go by with voir dire continuing, there may not be a lot of fireworks, but it’s truly our fellow Americans doing…

— Katie Phang (@KatiePhang) April 16, 2024

Just think of it this way: It may not be as entertaining as testimony, but Trump has to sit through it all.


UPDATE: Tuesday, Apr 16, 2024 · 2:35:57 PM +00:00

·
Mark Sumner

You have to like the way that every time Merchan addresses the defendant, he just says “Mr. Trump.”


UPDATE: Tuesday, Apr 16, 2024 · 2:34:38 PM +00:00

·
Mark Sumner

And another …

Another juror self-reports that he thought about it and may not be able to be impartial. Excused.

— Adam Klasfeld (@KlasfeldReports) April 16, 2024

It’s a good thing they have such a large number of potentials for this case. They had to know this was going to happen.


UPDATE: Tuesday, Apr 16, 2024 · 2:32:24 PM +00:00

·
Mark Sumner

Yesterday, Merchan had indicated that the day would start with a Sandoval hearing during which Donald Trump would informed about what it means when a defendant testifies in his own defense. But so far this morning this hasn’t come up. Unclear if this is just a change in schedule or if the defense has said something to Merchan about Trump’s likelihood of testifying.

Trump attorney Will Scharf on why he thinks Trump should testify in the criminal hush money trial: pic.twitter.com/br0696IgJI

— Kaitlan Collins (@kaitlancollins) April 16, 2024

UPDATE: Tuesday, Apr 16, 2024 · 2:27:45 PM +00:00 · Mark Sumner

One other potential juror has been excused today because of illness, and a short while ago one more of the original set was sent home.

A potential juror who self-reported that he may have “unconscious bias” because of Republican relatives has been excused.

— Adam Klasfeld (@KlasfeldReports) April 16, 2024

What remains of this first group is almost through the 42 initial questions. A second group of potential jurors is likely to be seated shortly.

UPDATE: Tuesday, Apr 16, 2024 · 2:24:39 PM +00:00 · Mark Sumner

Court was a little delayed getting started this morning for a reason that took a few minutes to clear up.

NEW: At the end of yesterday afternoon, only 9 potential jurors were in the jury box. Two of them yet to arrive this morning, so Merchan has decided to proceed with jury selection without them. And the expected 9:30 am Sandoval hearing? On hold apparently with nary a word.

— Lisa Rubin (@lawofruby) April 16, 2024

Finally, Judge Merchan decided to move along without them.

Judge Merchan doesn’t want to delay any longer so he is going to get going and the two missing/delayed jurors will be included in the later groups.

— Katie Phang (@KatiePhang) April 16, 2024

It’s safe to say that these two are going to get A Talkin’ To.

Now that he’s in a criminal trial, Trump is not leaving his life in the hands of Alina Habba or Rudy Giuliani.

Trump is seated between his attorneys Todd Blanche and Emil Bove, who are both alumni of the Southern District of New York’s U.S. Attorney’s office.

— Adam Klasfeld (@KlasfeldReports) April 16, 2024



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