Prosecutors in Trump’s #criminal trial say he has violated a #GagOrder barring him from attacking #witnesses, #jurors & others close to the case. Testimony is set to resume later Tuesday morning.
Prosecutors asked early last wk for #Trump to be held in #contempt. At that time, Judge #Merchan scheduled the hearing for today.
Merchan has only admonished TFG once so far—for muttering & gesturing in front of a prospective juror about her social media posts & responses during voir dire.
#Merchan repeatedly pushed #Blanche to clarify, only to have Blanche deny he said what he said. #Trump was lucky #jurors weren’t there.
"You've presented nothing," Merchan said to Blanche, & that was after he’d been presenting his argument for ~20 mins.
Trump grew more animated when Merchan pushed back on Blanche.
Several occasions when the judge was speaking, Trump turned to his other lawyers at the defense table & whispered to them.
Alright, who’s ready to see #Trump get his just deserts? He fucked up the whole damn world & that’s not an overstatement.
PS #BabySquirrel & I had a lovely weekend. It’s as boy! (He’s developed discernible - stuff)
He is doing quite well! Name: “Ramone” because he’s a sweet little punk rocker.
#Merchan has explained the concept of #ReasonableDoubt, instructed the jurors that statements made by the various attorneys are not to be accepted as fact, & #jurors are listening intently, a reminder that jurors take many cues from judges - as the impartial arbiter & why #Trump's attacks on judges are stupid.
Besides this case, today there's a hearing to determine the sufficiency of Trump’s #civil#fraud#bond for the $454M penalty, & Thurs, #SCOTUS hears arguments on his bs #immunity defense.
#Colangelo encourages #jurors to "tune out the noise" & "focus on the facts" during the course of the #TrumpTrial. He summarizes the evidence again, & says after all the evidence is in, Joshua Steinglass, another prosecutor, will do the closing argument.
He ends by saying there is "only one conclusion: Donald Trump is guilty of 34 counts of falsifying business records in the first degree."
#Blanche said that the prosecution told a “clean nice story," but that it is not as simple as they would have the #jury believe. He said that many of the docs in evidence are almost a decade old. The testimony, he suggests, is similarly old. He said, the story that #jurors heard "is not true."
#Trump largely avoided looking at the jury during prosecution's opening statement. He shifted his body in their direction during defense’s.
"We learned a fascinating tidbit about Trump’s willingness to listen to the lawyers today. A pool reporter in the courtroom noted that 'when the defense is introduced to the potential jurors seated in the audience, Trump does not stand up like his legal team does to turn and face them.'"
"My friend and former Chicago federal prosecutor Renato Mariotti, now a criminal defense lawyer, pointed out that this is the most basic thing defense lawyers instruct their clients to do—they tell them to rise along with everyone else in the courtroom to show respect for the people who will decide their fate. I have never seen a defendant fail to stand up every time the jury entered or left the courtroom."
"Trump also isn’t winning any friends on the jury after refusing to stand and face them when they entered. As many lifelong litigators remarked, they have never witnessed any case where the defendant didn’t stand out of respect for the people who are giving of their time to stand in judgment of the defendant. Trump just can’t help digging that hole."
A #juror was quickly dismissed at the start. She was among the 7 already selected, she said she was very worried that despite the fact the court ruled to keep jurors’ name secret, she would still be exposed & targeted.
Joshua Steinglass, a Manhattan DA office prosecutor, suggested that prospective #jurors not be asked to answer who their current & previous employers are, to better anonymize them.
The judge says it's a great suggestion.
It was the juror questionnaire, which was not created by the #press, that included a question about employers.
The #press is barred from covering aspects of the trial related to the #jury, for understandable #security reasons. At the same time, the judge is taking another 5 days to hold a hearing on whether #Trump has violated the #GagOrder that was placed on him w/ repeated social media posts about a key #witness & #jurors.
This is 1 of many ways in which despite Trump's complaints that he is being treated unfairly, the judge is bending over backwards to be fair to him in this #trial.
w/a celebrity trial—or a case that elicits strong feelings—there’s a dynamic where people are trying to get on the #jury. Not so w/the #TrumpTrial; >50 of Monday’s 1st group of 96 said they couldn’t be fair. Dozens today have said the same, & they’ve had a few days to think about the ramifications of serving.
So far, 48 prospective #jurors left bc they said they could not be fair & impartial, 9 more were excused for other reasons. 39 are left in this group.
The prospective #jurors will now be asked the 42 questions on the juror questionnaire, starting w/ basics. They’ll also be asked more targeted questions re their political leanings. For example, they will be asked if they have ever attended a #Trump rally or read one of his books.
Trump has been animated at points this morning, but now, he has partially closed his eyes --- his new narrative is he does this when he’s trying to keep from lashing out.
#Jurors are often excused by the dozens during selection, & even if someone is picked, it is not guaranteed that they'll serve. But losing 2 previously seated jurors in one day, isn’t great.
Justice #Merchan said Tues that given the rate they were seating jurors, opening arguments could begin as soon as Mon morning. We’ll see.
Merchan says that more prospective jurors will answer the questionaire before lunch. Attys on both sides will then each question the group.
It’s probably safe to say that few, if any, judges have had to deal w/the array of #threats to #their trial that Justice #Merchan has had to. Besides #Trump himself, who constantly tests the boundaries of his #GagOrder, there are his allies who attacking the judge & his family & who aren’t covered by the gag order. Then there’s the #media who has been putting potentially identifying info about prospective #jurors on TV.
#JurySelection began w/a sworn in juror getting dismissed over doxxing concerns.
“I definitely have concerns now. One of them especially being the aspects of my identity have already been out there in public. Yesterday alone I had friends, colleagues & family push things to my phone regarding questioning my identity as a juror.”
The jury in the #TrumpTrial is going to see a lot of paperwork #evidence, & prosecutor Joshua Steinglass explained to the prospective #jurors.
“As jurors you’re going to have to analyze the evidence, apply your common sense & draw the appropriate conclusions from that evidence. You’re going to have to roll up your sleeves & get into the weeds a little bit,” Steinglass said
That evidence will include voluminous checks, emails, invoices & texts, he said.
Steinglass explains the concept of “accessorial liability.” He uses the same analogy he did on Tues: a husband hiring a hitman to murder his wife, he asks prospective #jurors if they would understand the husband to be #guilty of the #crime. Today, though, the #defense lawyers object. #Merchan overrules, & the hitman question stands.
Steinglass managed to compare #Trump coordinating the falsification of docs w/a husband putting out a hit on his wife.
Necheles, Trump's atty, is trying to get the jurors to say they don’t like #Trump.
Prospective jurors are mostly answering that their disagreements w/Trump as president won’t impact their impartiality.
Necheles appears to be trying to draw prospective jurors into lying, which would be reason to dismiss them “for cause.” The defense has a limited number of opportunities to dismiss prospective #jurors for no reason at all, this is a way around using those.
#Trump's lawyer, Susan Necheles, confronted many prospective #jurors about their #socialmedia activity, clearly the lawyers know things about them, a lot of which was not stuff they were asked in open court. They clearly have people doing deep dives on these people. It’d be pretty hard to not have concerns that their identities will be leaked
The prospective #jurors left for the lawyers discussion, some may be brought back in for individual interviews. The defense & the prosecution may both seek to strike jurors "for cause." If they can't do so, they will use their limited number of peremptory challenges, which allow them to excuse jurors w/o a reason.
Those who survive challenges will be seated on the jury unless this process has given them the concerns articulated above.
Justice #Merchan’s swearing-in of the first 6 official jurors in the trial brought us closer to the conclusion of vetting for the first batch of prospective #jurors.
On Mon, 96 of them were brought into the courtroom. All but 12 have been dismissed for bias, scheduling conflicts & peremptory strikes. That left 6 who were named as jurors & 6 more who still must be questioned by lawyers on both sides Tues afternoon. #criminal#law#Trump#TrumpTrial
In court papers made public on Wednesday, prosecutors argued the April 15 trial date should go ahead as planned, noting it was Trump’s 8th bid to postpone the schedule as part of his broader #legal strategy to delay all 4 of his criminal trials beyond the Nov #election.
Prosecutors’ new filing states #Trump’s #delay motion was littered w/ inaccuracies & matters already rejected by the judge. They also expressed doubts about the reliability of the data from Trump’s team.
“None of the new information presented by defendant supports his request for an adjournment; indeed, much of the new data actually confirms that this Court will be able to find 12 #impartial#jurors (& alternates) in Manhattan,” Colangelo wrote.