Week One of Trump’s NYC Trial is Over, Here’s What Happened…

Josh Russell

A full jury of 12, plus six alternates, has been seated in Trump’s New York election interference case. Despite failing in over 10 prior attempts to move or delay the trial, the former president’s lawyers made another last-ditch plea to halt the entire thing, filing a motion on Friday morning asking an appeals court to press pause and move the case out of Manhattan.

Trump attorney Cliff Robert argued to an appeals court on the same day that it was impossible to empanel an unbiased jury, even though that’s exactly what was going on in a different courtroom as he spoke. He claimed that having so many potential jurors dismissed for cause – with Judge Juan Merchan finding that they couldn’t be fair or impartial – was “untenable”. Pointing to the dismissal of one woman who had been selected but subsequently asked to be excused after friends and family worked out that she’d been seated, Robert argued that the publicity was undermining the ability to find an unbiased jury. The District Attorney’s office countered that “jury selection has actually worked” with jurors self-identifying any bias that they felt they couldn’t overcome.

Unsurprisingly, the appeal was denied and the trial will start in earnest on Monday, with opening statements.

Here’s what else happened in the eventful first week: 

• Several hundred prospective jurors were brought before Judge Merchan and the two parties as part of the selection process and were questioned about their personal history, their opinions of the former president, and their social and traditional media habits.

• Trump was forced to listen as a parade of people expressed their thoughts on him, his policies, and his presidency. A host of unflattering comments, including old social media posts, spewed forth while the former Commander in Chief had to listen in silence.

• After one woman spoke about celebrations in New York City when Biden won the 2020 election, the former president was seen leaning forward and muttering, earning the Trump team a rebuke from Judge Merchan: “Your client was audible…he was gesturing, and he was speaking in the direction of the juror. I won’t have any jurors intimidated in this courtroom. Take a minute to speak to your client.”

• Prosecutors asked Judge Merchan to hold Trump in contempt for violations of the gag order prohibiting him from speaking about witnesses, prosecutors in Alvin Bragg’s office (aside from the D.A. himself), their families, and the family of the judge. Prosecutor Christopher Conroy highlighted 10 alleged violations, saying “it’s ridiculous…it has to stop.” A hearing will be held on Tuesday to determine whether the former president should be held in contempt. Trump continues to attempt to skirt the gag order by reposting articles and the words of others, including comments on witnesses like Michael Cohen.

• Maggie Haberman of the New York Times set off a media frenzy by posting on the newspaper’s live blog that Trump appeared to be sleeping during the proceedings – several days in a row. Not a good look for someone who frequently calls President Biden “Sleepy Joe”.

• The defense asked that their client be granted days off to attend his son’s graduation and the upcoming hearing on presidential immunity at the Supreme Court. The judge reserved ruling on the graduation request as it’s a month away, however Trump, his surrogates, and right-wing media immediately claimed that the request had been denied, which culminated in figures like Alina Habba seemingly forgetting her legal education and claiming that such requests are always granted and it might as well be the downfall of America.

• Trump’s frenzied Truth Social posting continued apace, including a rant about only being able to strike 10 jurors. Apparently, he thought he could strike an infinite number, until he’d dismissed every single person in Manhattan.

• At a Sandoval hearing following jury selection, prosecutors argued for the inclusion of so-called ‘prior bad acts’ as evidence to use on cross examination, should Trump take the stand. They want to include, among other things, details of the E. Jean Carroll cases and the recent civil fraud trial, which resulted in a judge ordering Trump and the other defendants to pay a judgement of over $450 million. Judge Merchan said that he’ll rule on the scope and admissibility of the evidence on Monday.

• Prosecutors initially declined to provide the defense with the names of the first witnesses they intend to call. This is usually done as a courtesy, however given the former president’s proclivity for bashing witnesses online, the D.A.’s office told the judge that they weren’t inclined to do so, and Judge Merchan said he wouldn’t order them to. Trump’s lead lawyer, Todd Blanche, told the judge that he’d stop any details appearing online, but Merchan was dubious about Blanche’s ability to control his client. “I don’t think you can make that representation.” By Friday, Bragg’s office had softened their stance somewhat, indicating that they’d provide the name of the first witness over the weekend, but “if that should be tweeted, that will be the last time we provide that courtesy.” Someone is going to have to try to impose discipline on the former president, and I’m sure that will be fun.