1:25 pm: Court in session following recess after a turbulent start with arguments flying between the DA and Team Trump
The historic criminal trial against former President Donald Trump is underway in New York. Ahead of jury selection, the judge said what evidence will be allowed — and what will not — during the trial.
Trump, who is in the courtroom, is on trial in Manhattan for his alleged role in a hush money scheme to silence his alleged mistresses before the 2016 election. No former US president has ever faced criminal prosecution. Trump has pleaded not guilty and has denied the affairs.
Here’s what has happened in court so far:
Evidence that will be allowed:
- Judge Juan Merchan said he will allow a series of National Enquirer stories attacking Trump’s opponents into evidence.
- Testimony from Karen McDougal will also be allowed, but Merchan said it is not necessary for the jury to hear that Trump continued his affair with McDougal while his wife, Melania Trump, was pregnant and after she gave birth. McDougal is a model and actress who has said she had a monthslong affair with Trump in 2006 and was paid $150,000 to keep quiet about it by the National Enquirer. Trump has denied the affair.
- Merchan will allow testimony of former Trump lawyer Michael Cohen’s guilty plea to campaign finance violations with the proper foundation. He said prosecutors cannot tie that guilty plea to Trump.
What will not be allowed:
- Merchan said he still believes the “Access Hollywood” video in which Trump brags about groping women should not be shown to jurors because it’s so prejudicial.
- The judge also denied prosecutors’ request to bring into evidence the allegations of sexual assault against Trump that came out after the “Access Hollywood” tape. He said he will not allow Trump to be prejudiced by a “rumor.”
- Merchan additionally said he doesn’t think the deposition of E. Jean Carroll, who accused Trump of sexual assault, should be brought in because it would be “building in a trial into a trial.”
What comes next: Jury selection is expected to begin soon and will continue until a panel of 12 New Yorkers and six alternates are seated. Prospective jurors will be vetted through a questionnaire that could signal political views. They will be asked a wide range of questions, including where in the city they live, where they get their news, whether they’ve ever attended a rally for the former president and whether they have had any affiliation with groups such as the Proud Boys or the QAnon movement. Read more about the process here.
12:15: Judge instructs Trump with specific rules he must follow
Things became dramatic when the judge addressed the defendant directly with “instructions”: Trump, Merchan said, had the right to attend the trial. However, should he “disrupt” the proceedings, he could be removed from the courtroom and arrested. Should Trump fail to appear at the trial, an arrest warrant would be issued, pre-trial detention would be imposed and the trial would proceed without him. He was also threatened with pre-trial detention if Trump violated the bail rules. Trump had to answer every single question. He answered everything in the affirmative.
10:35 am: District attorney is seeking to include evidence about Trump’s Access Hollywood tape
The district attorney is now seeking to include evidence about Trump’s Access Hollywood tape.
Prosecutor Joshua Steinglass asked to include campaign emails in response to the story about damage control, saying the emails are “powerful evidence” of the campaign’s reaction to the incendiary reaction to the video.
Steinglass says that they understand not playing the Access Hollywood video to the jury because it would be prejudicial. But he wants to include exhibits, including the transcript of Trump’s E. Jean Carroll deposition where he’s asked about the tape, to ensure that jurors understand “what that tape was about and why it had such a dramatic impact on the campaign.”
10:05 am: Judge Merchan denies recusal motion
Judge Juan Merchan denied the motion for recusal and says he won’t consider it again until the appellate court rules.
Merchan says it’s the opinion of the court that Trump is using a “series of inferences, innuendos and unsupported speculation” to make his claims for recusal.
Trump appeared to be looking straight ahead, at a screen, biting his bottom lip as the judge rejected the recusal motion.
9:30 am: Trump has entered the courtroom
Trump entered into a mostly empty courtroom just after 9:30 a.m., He turned to look to the reporters to his right before walking to the defense table with his attorneys.
9:20 am: These are the questions potential jurors could be asked
Former President Donald Trump will sit before a jury in New York for his hush money criminal trial. The jury of 12, along with six alternates, will be chosen from hundreds of New Yorkers after an exhaustive jury selection process that could stretch beyond the first week of the trial.
The judge released the questionnaire that will be presented to potential jurors, which contains multiple questions that could signal political views to the lawyers on both sides.
Here’s what potential jurors could be asked about:
- News consumption.
- Affiliations with groups like the Proud Boys, QAnon and Antifa.
- Whether they or anyone in their circle attended a Trump rally or an anti-Trump event.
- If they’ve ever read books or listened to podcasts from Michael Cohen, Trump’s former lawyer and a key witness for the district attorney.
- If they’ve read any of Trump’s own books.
- If they have views on whether a former president can be charged in state court.
- If they have views on how Trump is being treated in this case.
Why does this matter: The questions will be used for the judge to strike jurors at the outset, if they don’t believe they can render a verdict fairly. They will also be used by lawyers for both sides to strike jurors for any reason — a key part of the jury selection process.
9:05 am: NOW: Trump is on his way to court
Donald Trump’s motorcade has departed Trump Tower, heading toward criminal court in lower Manhattan where he will make history as the first former president to go on trial for criminal charges.
Despite a blitz of last-minute attempts to derail the trial, jury selection is expectedto get underway and will continue until a panel of 12 New Yorkers and six alternates are seated, a process that could take at least a week.
8:40 am: Why picking a jury in Trump’s hush money trial is a big challenge
Choosing a jury for Donald Trump’s hush money criminal trial in New York will be no easy task when the defendant is a former president who has been at the center of the US political world for nearly 10 years now and a figure in the New York tabloids going back decades.
The jury of 12, along with six alternates, will be chosen from hundreds of New Yorkers after an exhaustive jury selection process that could stretch beyond the first week of the trial.
“The problem for both Donald Trump’s attorneys and the prosecution’s attorneys is they’ve got to figure out how to pick a jury for the case who are neutral — and good luck,” said Steve Tuholski, a partner at Delphi Litigation Strategies who works on witness training and jury selection. “I can’t imagine there are many people, especially in New York, that haven’t made up their mind one way or the other about whether he’s a snake or the Messiah. There doesn’t seem to be a middle ground.”
8:25 am: Key things to know about the charges against Trump and the penalty
Donald Trump has faced three civil trials in New York since he left the White House, but this is the first time he faces possible jail time.
The former president is charged with 34 counts of falsifying business records in the first degree, stemming from reimbursements made to his former lawyer and fixer Michael Cohen for hush money payments he made before the 2016 election to an adult film star alleging an affair with Trump. The former president has pleaded not guilty and denied the affair with Stormy Daniels.
Each count represents a separate instance of the alleged misconduct, pointing to different business records associated with a series of repayments to Cohen (ledger entries, checks, stubs, invoices, etc.) that were allegedly falsified to conceal his criminal conduct.
Penalty: The maximum penalty for each count is four years in state prison. However, the judge has discretion on how long any sentence should be and whether to allow any sentences to be served consecutively. He could also sentence Trump to probation.
New York caps sentencing for this type of felony at 20 years.
A president has no authority to pardon state crimes.
