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Donald Trump made history on Monday as the first former president to stand trial on criminal charges, marking a watershed moment for American politics, the presidential election and Trump himself.
Trump, the Republican presidential nominee, is required to attend the entire trial, which could last eight weeks. He has pleaded not guilty to 34 counts of falsifying business records, a low-level felony punishable by up to four years in prison. The trial begins Monday, with prosecutors hoping to use the case to show why President Trump tried to hide negative stories about himself during the 2016 presidential campaign before jury selection begins. Lawyers on both sides argued over some of the more sensational evidence in the case.
“The name of this case is People of the State of New York v. Donald Trump,” Judge Juan Marchan told the first group of 96 potential jurors this afternoon. When Mr. Trump was introduced as a defendant, he stood up, turned around, and gave a slightly tight-lipped smile to prospective jurors, some of whom were staring at him.
Trump briefly closed his eyes as the judge read instructions to potential jurors, but when he opened them to stare at the judge, his eyes were red and bloodshot.
“This is persecution like never before. No one has ever seen persecution like this,” Trump told reporters on his way to court this morning. He said the lawsuit “should never have been filed” and called it “an attack on America.”
The charges are related to Trump’s first presidential campaign. Prosecutors in Manhattan District Attorney Alvin Bragg’s office say he is trying to cover up scandalous reporting about him ahead of Election Day by targeting then-attorney Michael Cohen and the publisher of the National Enquirer. It is alleged that he was involved in a conspiracy in collaboration with
One of those articles was about Stormy Daniels, a porn actress who claimed to have had sexual contact with Trump in 2006. Trump denied her allegations, and Cohen paid Daniels $130,000 in October 2016 to keep quiet about her allegations. After Mr. Trump was elected, Mr. Trump repaid Mr. Cohen with payments recorded by the company as legal fees, but the attorney’s office alleges that the documents were forged to keep the hush-money payments secret.
The trial is an opportunity for the former president to face off against Judge Juan Melchán, whom Trump has frequently attacked publicly in the lead-up to the trial. Mr. Marchan has at one point directly addressed Mr. Trump and issued a standard court warning, but it was because of Mr. Trump’s status as a former president, his frequent public attacks on judges, and last year This was made even more dramatic by repeated interference in civil trials. “If you filibuster, we can proceed with the trial in your absence…do you understand?” the judge asked. Trump replied, “I think so.”
Marchand also warned President Trump that if he did not appear in court without explanation, a warrant would be issued for his arrest.
The exchange heard Marchan discuss topics such as the so-called “catch-and-kill” scheme, the infamous “Access Hollywood” tape, and sexual assault allegations from various women that came to light during the campaign. It all happened after Trump sat in the defense room, with little visible reaction.
Marchan was part of an overall plan to boost Trump during the 2016 Republican presidential primary, including articles bashing then-President Trump’s rivals Ben Carson and Sen. Marco Rubio. He voted in favor of prosecutor Joshua Steinglass’s request to show jurors an Enquirer headline that alleges that the case was about the crime. , Republican of Florida, and Ted Cruz, Republican of Texas.
Prosecutors also said they wanted to elicit information about the timing of Trump’s alleged affair with former Playboy model Karen McDougall, another woman whom the Inquirer paid to keep quiet before the election. . Steinglass said he did not intend to draw out “sorry details,” but noted that the timing of the alleged affair was that Melania Trump was pregnant with Trump’s child, and the child was a newborn. . He said this information is important because it shows why President Trump wants to suppress this information before the election.
The judge said he would allow testimony about the alleged affair, but not information about Melania Trump.
Mr. Steinglass also asked Mr. Marchand to reconsider his previous ruling that the jury did not hear the infamous “Access Hollywood” tape. There, Trump was captured saying into a hot microphone, “You can molest women without their consent because if you’re a star, you’re allowed to.” Just try it, you can do anything. ”
Audio of the 2005 hot mic moment was released in October 2016, and prosecutors allege that’s why Trump tried to silence Daniels. Mr. Steinglass also asked the judge to allow excerpts of Mr. Trump’s deposition in his defamation suit against author E. Jean Carroll, saying, “Historically, it has been difficult for stars to It’s true,” he defended his comments.
Machan said he still believes the tape itself is “prejudicial” and “should not be introduced” as evidence, but said he would allow prosecutors to use a transcript of the tape. “E. Jean Carroll’s deposition testimony should also not be submitted,” the judge added.
The judge also rejected as “pure hearsay” the prosecution’s bid to mention other women who came forward after the Access Hollywood tape was released accusing Trump of assault.
Prosecutors later asked a judge to sanction Trump’s posts, saying they violated a gag order that prohibits attacking witnesses in public. Prosecutor Christopher Conroy argued that Trump should be fined $3,000 for three social media posts criticizing Cohen and Daniels. “It does not include another post from this morning,” Conroy said, telling the judge that Trump “is a criminal defendant and is subject to court supervision like any other criminal defendant.” He asked for a “reminder.”
Blanche insisted the post did not violate the gag order and said Trump was “responding to vile, repeated and violent attacks by witnesses.”
The judge did not issue a ruling immediately, saying he would hear arguments on the matter on April 23.
Cohen later told NBC News in a statement that the proposed fine was not severe enough. “Donald knows the damage his posts cause to the individuals he targets. His $1,000 fine for each post will do nothing to deter future violations.” he stated.
In a ruling later that day, the judge sided with prosecutors, giving Trump’s lawyers 24 hours to present evidence and exhibits they plan to use at trial. “You have 24 hours. Anything you can’t identify within the next 24 hours will be prohibited from use,” the judge told Blanche.
Mr. Trump has called the prosecutors’ case a fraud and derided it as part of a politically motivated “witch hunt” against him, a claim that has excited his supporters and led to a number of campaign contributions. It’s being used to raise a million dollars. Manhattan Attorney Bragg, a Democrat, has falsely claimed that President Trump is following President Joe Biden’s orders.
The criminal case is the first of four brought against Trump in four different jurisdictions, and the only one definitively set to go to trial before the election. It is.
Because Trump is required to appear in court four days a week (trials are not held on Wednesdays), he can only campaign in person when the courts are not in session. But as he did in the previous New York trial, Trump is likely to speak publicly during recess or after the court adjourns.
The jury selection process is expected to take one to two weeks. Two sources with direct knowledge of the situation told NBC News that 6,000 jurors were called to Manhattan criminal court this week, 2,000 more than in previous years.
Heavy security at the courthouse delayed Monday’s proceedings as potential jurors had to undergo two rounds of screening before entering the courtroom. As the first group of 96 jurors slowly assembled and filed in, Mr. Trump and Mr. Branch were engrossed in conversation, with Mr. Trump appearing to make Mr. Branch laugh.
Marchand announced a systematic system to narrow down the large jury that could respond “fairly and impartially” to the deeply polarizing Trump case to 12 jurors and six alternates.
Eighteen jurors are placed in the jury box at a time, and each juror takes turns reading aloud the answers to a series of 42 questions. Questions include what news sources they follow, whether they have ever attended a Trump rally or anti-Trump protest, and whether they have ever supported the QAnon movement or Antifa. It will be done.
The document did not ask about political affiliation, political contributions or voting history, but the judge said answers to those questions “could easily be gleaned from answers to other questions.” After answering the 42 questions, prosecutors can ask the jury a series of additional questions, and Trump’s lawyers can ask additional questions of their own.
In court Monday, the judge told both sides that the list of questions was “the most exhaustive questionnaire this court has ever used.” He added that after jurors finish their arguments, “there is no question how potential jurors will feel about Mr. Trump, the district attorney and the court.”
The trial will be conducted with an anonymous jury, so the identities and addresses of the jurors will not be made public. The judge said the step was necessary because of “bribery, jury misconduct, and the potential for physical injury or harassment of jurors.”
The trial is the first criminal trial involving a former president, but it is the fourth trial Trump has participated in as a defendant in New York since leaving office. He was twice sued by author E. Jean Carroll for sexual abuse and defamation, and a civil suit brought by New York State Attorney General Letitia James accused him and his company of fraud. Judgments against him in three cases, all of which he is appealing, total approximately $550 million.
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