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OK – now People of the State of NY v. Trump, Day 1 (jury selection), wrote the book on Carroll v. Trump
https://amazon.com/dp/B0CTFPXKGM and will be live tweeting this, thread below
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Prosecutors are setting up at their table. The entire 15th floor of 100 Centre Street has been “locked down.” Drum roll.
OK – Trump (blue suit, red tie) has arrived, and is at defense table. Stands up to change seats.
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All rise!
Clerk: This is the People of the State of New York versus Donald Trump!
Judge Merchan: The case is on today for jury selection. There are a few things to go over first. This is my list: on the motion for recusal, on April 3, 2024, the defendant filed
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Judge Merchan: The motion for recusal was filed by Todd Blanche and includes page after page of social media posts. It repeated the same claims. Defendant says the Court did an interview and mentioned the case, preparing for it. Defendant does not show bias
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Judge Merchan: Defendant pointed to a podcast by a member of the Court’s family and a quote that politicians should not be using Twitter – but does not show bias. Also, the account did not belong to the family member at the time the post was made
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Judge Merchan: Defendant argues that this Court’s family member does work for Democratic officials. But this Court does not have any particular interest in reaching a particular conclusion in this matter.
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Judge Merchan: There is no basis for recusal. Even if the company were involved in fundraising campaigns mentioning this case – judge’s relatives remain free. Recusal is left to the sound discretion of this court. In re Drexel Burnam.
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Judge Merchan: Defendant also filed a motion about schedule. There will be no proceedings on Monday, April 29. And nothing on Wednesdays. If the trial runs longer, the court may convene the trial on some Wednesdays. Regarding Passover, we will not conflict with it
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Judge Merchan: Regarding May 17, the request to allow Defendant Trump to attend a graduation, I cannot rule at this time. It depends if we are running on schedule… On April 12 Mr. Blanche filed a motion for hybrid jury selection. Is their a response?
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Prosecutor: The Court is under no obligation to assist the defense in this way – the court could inquire into pre-paid travel, child care and the like. As long as this does not require individual questioning of the jurors.
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Prosecutor: Question 29A is fine: did they work for the Trump campaign. The defendant’s request should be denied.
Trump’s lawyer Blanche: We object to a question about if you have done to a event in favor of President Trump. & it is unclear what “anti-Trump” means
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Judge Merchant: The questionnaire is fine. We are trying to ascertain if a prospective juror is pro Trump or anti Trump. We ask.
Prosecutor: The Court has authorized testimony about the agreement in Trump Tower in 2015. The People intend to offer the following:
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Prosecutor: Here is a list of National Enquirer headlines, timed perfectly to assist candidate Trump. They attacked Ben Carson. There will be evidence that the defendant said he was particularly pleased with this article
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Prosecutor: There will be evidence of the stories about Ted Cruz, including an alleged role of his family in the assassination of JFF, and against Marco Rubio… An action can be taken in furtherance of a conspiracy even if not itself illegal
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Prosecution: Any prejudice can be limited by a limiting instruction.
Trump’s lawyer Blanche: This evidence would confuse the jury about the actual crime charged. That a candidate meets with a publisher, there’s nothing illegal, it happens all the time
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Trump’s lawyer Blanche: When the People say there is no prejudice, the opposite is true. This has nothing to do with the charged conduct. It is a sideshow, about Mr. Pecker and Mr. Trump meeting – it’s not a crime.
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Judge Merchan: I’m glad the defense agrees it’s not a crime, and says it happens at the time. So I am going to allow it in as evidence… There was an understanding that certain things would be done in furtherance, it completes the narrative
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Prosecutor: Thank you. May I move to the next one? We intend to introduce evidence about Karen McDougal – that her contact information was stored. We have no intention to describe the sexual acts, during the time Melania Trump was pregnant – but it is relevant
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Prosecutor: There is also the doorman, Dino Sajudin….
Trump’s lawyer Blanche: We object more strenuously to the evidence about Ms. McDougal. There is a risk of prejudice, and there is no probative value. This is just to embarrass President Trump
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Prosecutor: Your Honor has already ruled that Karen McDougal is relevant.
Judge Merchan: My rulings stand, with one exception – I think it is prejudicial to say these acts [with McDougal] happened while his wife was pregnant, and after. For now, no
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Prosecutor: On the Access Hollywood tape, we seek to provide a more fulsome description. Mr. Trump brags about grabbing women’s genitals – that is sexual assault. We expect to show that debate prep was paused. So we want to describe the tape more accurately
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Prosecutor: Some of the documents from the SDNY are helpful to the People. We have a new proposed exhibit, an email chain forwarded to Steve Bannon and Kellyanne Conway. It appears Steve Bannon forwarded it to Michael Cohen who asked, who’s doing damage control?
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Prosecutor: We also seek to introduce some of the E. Jean Carroll deposition, about the Access Hollywood tape. He said, “Historically, that’s true for stars… Unfortunately or fortunately.”
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Prosecutor: The tape explains why Defendant was so intend on burying Stormy Daniels’ story. The tape went beyond “locker room talk.” So we want to put in more.
Judge Merchan: You’ll have an opportunity Mr. Blache [who has started to stand up]. Which page?
A: 12
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Trump’s lawyer Blanche: We oppose introducing the emails and the deposition of President Trump from yet another case
[That’s
[link to reporter’s book]
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Judge Merchan: I only ruled that we are not to play the tape itself – but I think the email thread can come in, it bolsters the People’s claim that this was a crucial event in the campaign. The People are not limited in the use of words to describe the tape
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Prosecutor: We seek to elicit the fact the additional allegations against Mr. Trump emerged in the wake of the Access Hollywood tape. The candidate became obsessed with denying and denigrating his accusers. Here’s what will be come Peoples’ 409…
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Prosecutor plays audio from Trump Greensboro rally – then Gettysburg, “They are trying to poison the mind of the American voter. Every woman lied. Her fabrication [audience applause and cheering”
Prosecutor: He was concerned about the impact on voters
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Prosecutor: Defendant wanted to lock down this story before it became the straw that broke the camel’s back.
Judge Merchan: So what do you want in [evidence]?
Prosecutor: Information about additional charges of sexual assault by the defendant.
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Trump’s lawyer Blanche: These allegations were never proven.
Judge Merchan: The video tapes, he’s agitated, they are admissible. But I deny the People’s motion to bring in evidence of three more allegations. I won’t allow that. But you can use the tapes
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Prosecution: There’s also Defendant’s attempt to prevent others from providing information to law enforcement. There were inquiries into the payoffs to Stormy Daniels and Karen McDougal. Michael Cohen was told, “The boss love you,” and was told, stay on message
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Prosecutor: Michael Cohen met with lawyer Costello, who said he had a close relationship with Giuliani, and a backchannel to President Trump. Costello said, “Rudy love you… Some very positive comments about you from the White House.”
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Prosecutor: Michael Cohen then continued to lie for Mr. Trump for several months. The truth is Michael Cohen stayed loyal as long as he did before of the defendant’s pressure. We have a right to show that. In 2018 he pled guilty to campaign finance violations
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Prosecutor: The next day, the Defendant tweeted, If anyone is looking for a good lawyer, I suggest you do not go to Michael Cohen. This should be admissible. It’s a clear effort to raise the cost of cooperation, it goes to consciousness of guilt
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Prosecutor: There a Truth Social post, I did nothing wrong in the Horse Face case… Just another false accusation by a sleazebag. The defendant was trying to influence the work of the grand jury. This effort continues to this very day. We will move for contempt
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Prosecutor: Defendant posted on Truth Social, Thank you to Michael Avenatti for posting the truth about two sleazebags – referring to Michael Cohen and Stormy Daniels. This violated this Court order, and may be seen as an attempt to intimidate witnesses
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Prosecutor: Testifying in this case has cost these witnesses… They have incurred the wrath of Trump supporters. We should be able to introduce evidence to counter the argument these witnesses have benefited
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Trump’s lawyer Blanche: There is zero evidence that what Mr. Costello said to Mr. Cohen came from President Trump. This is pure hearsay, not admissible. With the tweets the People offer, we anticipate putting something on Presidential Immunity.
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Trump’s lawyer Blanche: He was a right to defend himself, against the witnesses broadcasting loudly from the rooftop. He’s facing criticism from President Biden, and the media, and he’s defending himself. It’s not consciousness of guilt.
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Justice Merchan: Let’s go ahead and take a 10 to 15 minute break at this time. Thread will continue – will try, along with stretching legs, to answer a few questions on http://matthewrussellleeicp.substack.com http://patreon.com/Matth…and of course, here : )
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[They’re back]
Prosecutor: Michael Cohen accepted responsibility. So we should be allowed to bring that out on direct and that he lied on Defendant’s behest. That changed, when Michael Cohen decided to accept responsibility. So evidence about the plea is essential
FactReal.com
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Prosecutor: Michael Cohen is very much like a co-defendant in a robbery case who pleads. We have no objection to a limiting instruction that they cannot accept Michael Cohen’s plea as evidence of the Defendant’s guilt
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Trump’s lawyer Blanche: We do intend to introduce evidence on his pleas he now says were false.
Justice Merchan: I’m not sure how you can pick and choose. People, would you like to respond?
Prosecutor: Cooperators are allowed to testify, about their plea
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Trump’s lawyer Blanche: My client is not here charged with campaign finance violations. So Michael Cohen’s guilty plea to that should not come in.
Justice Merchan: Nobody knows what is going to happen at trial, so it wouldn’t be proper to bind anyone’s hands now.
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Justice Merchan: I was never asked to clarify this ruling Please draft a proposed limiting instruction. Any further defense issues?
Trump’s lawyer Blanche: Under the pre-motion procedure in place, we have to give the People 48 hours before docketing it.
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Trump’s lawyer Blanche: The People told us they would seek sanctions if we moved forward with the letter before 48 hours. We need clarity. Also we have a subpoena to Ms. Clifford. They are proposing redactions but what are we supposed to do?
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Justice Merchan: We were being inundated with motions, many of which were close to frivolous if not frivolous. We have limited resources. So, the 48 hour rule. But it does not need to apply to pre-motion letters. So, by the end of each business day.
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Prosecutor: They gave us only half an hour–
Justice Merchan: Mr. Blanche, please wait until he he finished.
Prosecutor: Thank you, Your Honor.
Justice Merchan: Pre-motion letters are to be 1 page. I notice the fonts have been getting smaller
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Justice Merchan: We have some 500 prospective jurors waiting. The parties should just work out these things. Let me continue with my pre-trial checklist. Let’s begin with the time limit on voir dire. Usually I allow 15 minutes on the first round
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Trump’s lawyer Blanche: We would ask for a half hour on the first round, and 20 minutes after.
Justice Merchan: Defense counsel must not offer a reason why the defendant may not testify, nor imply that there is a second side to the story, for the defense
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Justice Merchan: Counsel is directed to not approach the witnesses at any time. If the defendant will testify, Defense counsel may of course refer in opening statement to what the defendant will say. But if not, opening cannot include what the defendant might say
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Justice Merchan: Speaking objections are not permitted. If there is a reason, the Court will hold argument outside the presence of the jury.
Trump’s lawyer Blanche: President Trump wants to be present for everything.
Justice Merchan: That’s tricky
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Justice Merchan: We have to figure it out. Wherever he goes, Secret Service goes. I’m not sure they will all fit in the room back there. So I think, when the jurors are answering questionnaires, if the juror asks to discuss in private, I’ll ask them to finish.
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Justice Merchan: Mr. Trump, you may remember that I previously gave you Parker warnings: You have the right to be present in the trial. If you disrupt the proceeding, you may be excluded and jailed. If you fail to appear, a warrant will be issued for your arrest
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Prosecutor II: Your Honor, we seek to move for an order to show cause why Defendant should not be found in contempt of court. We ask for $1000 for each of 3 posts, and that the Court order the Defendant to take down the post, and future posts could result in jail
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Prosecutor II: There is a Truth Social post past 9 am this morning, quite possible sent while in this courthouse, with a photo of Michael Cohen calling him a serial perjurer, a shame for the NY courts.
Justice Merchan: List the 3 violations.
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Prosecutor II: There’s the post praising Michael Avenatti’s post… And one of Stormy Daniel’s previous statements denying the affair. And another one about a former prosecutors, and “MAGA 2024.” He has violated the order.
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Justice Merchan: The jurors have been let go for lunch. So we’ll take our break too.
[15th floor will be clearer –
over the break will answer some questions on Substack: https://matthewrussellleeicp.substack.com
X for Subscribers (and here) and Patreon
[links to reporter’s patreon.com https://t.co/mmos6LonY0 ]
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OK they (and we) are back]
Justice Merchan: I am concerned that having the Defendant etc coming into the back room to question jurors could be intimidating. So I propose we do it here in the courtroom, with the other jurors stepping out.
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Justice Merchan: We are expecting a panel of 96 prospective jurors.
Prosecutors: The defendant has failed to designate any exhibits. They claim their obligations are merely responsive. The Court directed them to provide reciprocal discovery
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Prosecutor: We propose that all defense exhibits not designated in the next 24 hours be precluded
Justice Merchan: Mr. Blanche?
Trump’s lawyer Blanche: The People’s exhibits have changed a lot from February until now. We don’t know what a witness will say on cross
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Trump’s lawyer Blanche: We also received substantial information from the SDNY…
Justice Merchan: Here’s where we stand: you have 24 hours, or you will be precluded. You brought three Article 78s. You’ve made decisions. You have 24 hours, period.
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Blanche: We got from SDNY 200,000 pieces of paper-
Justice Merchan: We all know there were not 200,000 docs. And you filed three motions on a Sunday. We are already in violation of the order.
Trump’s lawyer Susan Necheles: There is a case in chief distinction
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Blanche: When are counsel giving their names to the jurors?
Justice Merchan: I will hand them two lists: their numbers, and their names. I’m giving each side a single copy, not to be photographed or copied, in any way. And when we’re done with the 96, return it
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Justice Merchan (after a long silence) I’m told we have 96 prospective jurors ready to come in. I’m told there are 200 physically present today. I’m going to hand each side the lists… Let the record reflect that counsel has been given copies.
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Clerk: All prospective jurors please stand. Swear or affirm… You may be seated.
Justice Merchant: I’ll be your judge presiding over this matter. This is the People of the State of New York versus Donald Trump. The people are served by whatever verdict
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Justice Merchant: The allegations are in substance that Donald Trump falsified business records with others to influence the 2016 Presidential election. That with Michael Cohen, pursuant to a legal retainer, paid Stormy Daniels… Mr. Trump denied these charges
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Justice Merchan: I will explain some of the basic law. I will ask if anyone feels they cannot serve. Then the clerk will call 18 prospective jurors at random and you will answer questions. Then the lawyers will ask to exclude one or more until we are done
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Justice Merchan: I know you don’t want to reach a verdict based on implicit bias, different race, religious practice or… political affiliation. You may not make up your mind until the end of the case. The defendant is not required to prove that he is not guilty
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Justice Merchan: We will not convene on Wednesdays, nor on Monday April 29. The court will not convene on days a juror cannot attend due to religious observation, the Passover holiday The attorneys have given me lists of possible witnesses at the trial
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Justice Merchant: Steve Bannon, Donald Trump, Kellyanne Conway… Hope Hicks, Jared Kushner. Karen McDougal… Bradley A. Smith, Donald Trump Jr, Melania Trump, Eric Trump, Ivanka Trump [more names] Not all of these will testify.
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Justice Merchan: Please raise you hand if you feel you cannot serve, cannot be fair and impartial… A-211… A25… A349… A313… A251… Second row, please raise your hand…
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Justice Merchan: Now if there is any other reason you feel you cannot serve, please raise your hand…
Now we will call the numbers of 18 jurors and ask you to see in the jury box. Read the questionnaire and answer the questions aloud. We’ll do it be Juror ID
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Clerk: Seat Number 1, Juror B 197. Seat 2, B38. Seat 3, B220. Seat 4, B221. Seat 5, B193. Seat 6, B113. Seat 7, B14. Seat 8, B285. Seat 9 B280. Seat 10 B 391. Seat 11, B59. No response – recalling Seat 11
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Clerk: Seat 13, B377. Seat 14 B 89. Seat 15 B146. Seat 16, B 128. Seat 17, B 374. And Seat 18, B297.
Justice Merchan: Seat 1, can you answer the questions?
Seat 1: MBA, Five yes.
Justice Merchan: Any children?
Seat 1: No.
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Seat 1: NYT, WSJ, Google… Up First, The Daily… 34, no.
[34: “Do you have any strong opinions or firmly held beliefs about [Trump] or the fact that he is a current candidate for president that would interfere with your ability to be a fairr and impartial juror?
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Seat 2: Midtown, MFA, married, marketing, no children, but a dog. Hiking, cooking, playing with my dog. NYT, WSJ, CNN. No podcasts. No relatives victim of a crime.
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Seat 2: 34? No. 42? No
[42: Is there any reason, whether it be a bias or something else, that would prevent you from being fair and impartial if you are selected as a juror?]
Seat 3: I have a BFA, no children, not married. I sing, watch TV, go shopping & the club
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Seat 3: Al Jazeera, movie podcasts. 34? Yes
Justice Merchan: Did you say yes?
Seat 3: Yes.
Justice Merchan: Any objection to excusing her?
Trump’s lawyers: No.
Prosecutor: Yes!
Whispered sidebar ensues
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Justice Merchant: She will be excused. Let’s put B330 in Seat Number 3.
Next: Upper West Side, from Pennsylvania originally. I work for NYC, in marketing. Previously NYC DOT. I have a Masters. No children. Cook, art work, parks and shows. NYT, CNN. No podcast
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Next [new Seat 3]: 34? No. 42? No.
Justice Merchan: Thank you. Before we continue with Seat 4, we’ll take a break.
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They’ve back.
Seat 4: I have a child who is getting married out of town on June 8.
Judge Merchan: I think we should be done by then, but I can’t say for sure. You have to decide whether you want to roll the dice. Where is the wedding?
Seat 4: Seattle
[Excused]
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New Seat 4 [Male] Waiter, some college, NYT, some Fox News, some MSNBC… 34? No… 42? No.
Justice Merchan: Thanks. Seat 5.
Seat 5 [Male] Sutton Place. Law… Married, my wife is pregnant with our first child. I cook in my spare time. NYT, CNN, WSJ, NY Post
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Seat 5: Shakespeare & Company… I fight pediatric cancer. MSNBC, NYT, Google, X. My wife practices law-
Justice Merchan: What kind of law?
Seat 5: General. Antitrust, wages… 31? I feel no one is above the law, whether a sitting president or a janitor. 34, no.
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Next, male: Fox News, NY Post. No podcasts. I have friend who are Assistant DAs. My girlfriend is in finance for a bank but I honestly don’t know what she does. My dad was a victim of trespass in NH years ago, wouldn’t impact me. 34? Uh, no. 42, No.
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Seat 8 (woman) I work at FanDuel, in social media. TikTok, the WSJ. I am not married. My dad, brothers and boyfriend all work in finance. I think I got emails a few years ago but unsubscribed. 34? No. 42? No.
Justice Merchan: Thanks. Seat 9?
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Seat 9 (woman) Upper East Side, Oncology nurse. I have a masters in nursing. Not married. Living with my fiance, who works in finance. Taking my dog to the park. NYT CNN, Google, I have a Facebook account. 34? No. 42? No.
Justice Merchan: We’ll break for the day
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[Jury leaves]
Trump’s lawyer Blanche: Your Honor, President Trump is very busy and is scheduling his campaign events on Wednesday-
Justice Merchan: I moved one to Tuesday. For a proceeding that involves the jury, your client needs to be here.
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Justice Merchan: That said, if we’re running behind I may have to start scheduling the trial on Wednesdays.
Trump’s lawyer Blanche: President Trump wants to attend a Supreme Court argument next Thursday morning, he could be back after lunch
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Prosecutor: The defendant does not have to be in the Supreme Court.
Justice Merchan: The Supreme Court is incredibly important. But this Manhattan Supreme Court is also important.
Trump’s lawyer Blanche: We don’t think we should have to be here today
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Justice Merchan: I have accommodated you enough. Your client must be here next week [and not at the Supreme Court, or on the campaign trial.] We are adjourned.
Stories coming, incl on https://patreon.com/MatthewRussellLee and https://matthewrussellleeicp.substack.com
FactReal 
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