Limits on 'Access Hollywood' tape, accusations of bias, possible fines: Trump Trial Day 1 takeaways

With his legal team attacking the judge as biased and the prosecution calling for him to be fined for violating a gag order, Donald Trump’s historic criminal trial on charges he falsified business records to hide a hush money payment to a porn star before the 2016 election began Monday.

Judge Juan Merchan continued his trend of rejecting Trump’s motions to delay the start of the trial before he began sifting through 500 potential jurors with a goal of finding 12 to serve with six alternates. Jury selection could take two weeks and the trial could last six to eight weeks.

Trump, the presumptive Republican presidential nominee, has pleaded not guilty to 34 felony counts of falsifying business records to hide the payment.

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Prosecutors asked Merchan to fine Trump for allegedly violating a gag order in the case, but he hasn’t ruled yet.

The size of the jury pool was quickly reduced, as potential jurors said they couldn’t judge the case fairly or had other conflicts. Hundreds more potential jurors remain to be questioned.

Here are nine takeaways from the first day of trial:

Judge Merchan sticks with case despite Trump request to withdraw

Merchan opened the day by refusing to remove himself from the case.

Trump’s legal team had argued Merchan’s role is improper because his daughter heads a marketing agency that works for Democratic candidates.

But Merchan rejected the request by citing an opinion from the New York State Advisory Committee on Judicial Ethics that his impartiality couldn’t be reasonably questioned because Trump’s case doesn’t involve his daughter’s business. The judge rejected a similar request in August.

“The court will not address this matter further,” Merchan said Monday.

Prosecutors can describe ‘Access Hollywood’ tape but not play it: Merchan

Jurors can hear testimony about the infamous ‘Access Hollywood’ tape, which caused a furor when it was released late in the 2016 presidential campaign, but can’t watch the tape, Merchan ruled again.

The judge repeated a previous ruling that he regards the 2005 video of Trump crudely describing grabbing women as too prejudicial.

The $130,000 payment to porn star Stormy Daniels, which is at the heart of the case against Trump, came as his campaign sought to prevent other scandalous stories from breaking in the weeks before the 2016 election.

Prosecutors wanted to play the tape as an alleged admission of sexual assault. But Merchan ruled that he would only allow prosecutors to describe what Trump said.

“What I didn’t want was for jurors to hear Mr. Trump’s voice,” Merchan said.

Protestors march along Leonard Street in New York City before Former President Donald Trump arrived at NY Criminal Court Monday morning, April 15, 2024.

Prosecutors ask to fine Trump for allegedly violating gag order

Prosecutors asked Merchan to fine Trump $3,000 for allegedly violating a gag order with social media posts about potential witnesses, but Merchan postponed a decision.

Prosecutor Christopher Conroy said each of three social media posts should be punished with a $1,000 fine:

• Thanking Michael Avenatti, a former lawyer for Stormy Daniels who was imprisoned for stealing from her, for a statement calling it “outrageous” that potential witnesses Michael Cohen and Daniels can be interviewed on television but Trump isn’t allowed to respond. Trump said the statement revealed “the truth about two sleaze bags.”
• Posting a photograph of a 2018 Daniels statement denying she had sex with Trump.
• Asking whether “disgraced attorney and felon Michael Cohen been prosecuted for LYING?”

“He’s attacked witnesses in this case,” Conroy said of Trump.

In a civil business fraud trial earlier this year, Judge Arthur Engoron fined Trump $15,000 for violating gag orders with posts about his clerk.

But Merchan didn’t rule immediately and said he would hold a hearing on the gag order April 23. Trump lawyer Todd Blanche asked for time to respond in writing.

Police investigate bomb threat against DA Alvin Bragg

Police were investigating a bomb threat targeting the home of Manhattan District Attorney Alvin Bragg on Monday morning, according to the Associated Press. Law enforcement official said a 911 caller reported the threat just before 9 a.m. ET.

Bragg previously faced an emergency when a powdery substance was discovered last month in a threatening letter in a mailroom at the prosecutor’s offices, the AP reported.

Former President Donald Trump, center, appears with his legal team Todd Blanche, left, and Emil Bove, right, ahead of the start of jury selection at Manhattan Criminal Court on April 15, 2024 in New York City. Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial.

Trump calls trial ‘political persecution’ says it’s an ‘honor’ to attend

Trump gave a one-minute statement to reporters before entering the courtroom, calling the trial “political persecution” and saying he was “proud” and “honored” to be there.

“This is political persecution,” Trump said. “It’s a case that should have never been brought. It’s an assault on America. That’s why I’m very proud to be here.”

Trump cited unnamed legal scholars calling the case “nonsense.” As he campaigns against President Joe Biden to return to the White House, Trump said the country is being run “by an incompetent man” and the trial “is really an attack on a political opponent.”

There is no evidence state or federal prosecutors targeted Trump to prevent his reelection.

“I’m very honored to be here,” Trump said.

Former President Donald Trump arrives at the courtroom during the first day of his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City on April 15, 2024.

Trump appears to nod off during legal arguments: reporters

Amid the legal wrangling before lunch, Trump appeared to nod off a few times, his eyes closing and head drooping before jerking back up, according to several news reports.

One of the anecdotes was from Maggie Haberman, a New York Times reporter who wrote a book about Trump called “Confidence Man: The Making of Donald Trump and the Breaking of America.”

Trump glared at Haberman for several seconds before walking out of the courtroom during a short afternoon break.

Trump supporter Gary Phaneuf rallies outside of the New York State Supreme Court during the arrival of former President Donald Trump on April 15, 2024 in New York City.

Potential jurors to be asked about whether they’ve attended a rally of Trump or his opponents, or followed him or opponents on social media

After the lunch break, Merchan began calling 500 potential jurors into the courtroom in groups of about 100 for lawyers on both sides to question them.

Jurors will remain anonymous, with their addresses revealed only to the lawyers. Merchan settled on a list of 42 questions to be asked, with a goal of finding an impartial panel of 12 jurors and six alternates.

Potential jurors are being asked if they’ve ever attended a rally of Trump or his opponents, or followed Trump or his adversaries on social media.

Former President Donald Trump sits in the courtroom during the first day of his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City on April 15, 2024.

Questioning quickly whittles jury pool

At least 50 of the first 96 potential jurors were excused from the trial because they indicated they couldn’t judge Trump fairly and impartially.

At least nine more were excused after they indicated they couldn’t serve for other reasons that weren’t disclosed, leaving about 34 potential jurors in the first batch.

The questions to individuals became more detailed. Merchan excused the third potential juror for acknowledging she read or listened to podcasts by Trump critics Michael Cohen or former Manhattan prosecutor Mark Pomerantz, who quit when it looked like Bragg wouldn’t prosecute the case.

Trump supporters argue with reporters outside of the New York State Supreme Court before the arrival of former President Donald Trump on April 15, 2024 in New York City.

April trial dates will come with several interruptions

The trial is scheduled to last six to eight weeks, with Merchan scheduling Wednesdays off so he can handle other matters.

Merchan said jurors would not be required to work on the Jewish holiday of Passover, so the trial may break after lunch on April 22 and 23, when Seder dinners are scheduled, and not meet on April 29 and 30, when full day festivals are held.

Trump requested a day off April 25, so he could attend Supreme Court arguments about his immunity claim in federal court, and on May 17, so he could attend his son Barron’s high school graduation. Merchan rejected the April request but didn’t immediately rule on the May date.

“Arguing before the Supreme Court is a big deal,” Merchan said, but he wouldn’t alter the plans for the criminal case on that basis.

This article originally appeared on USA TODAY: Limits on ‘Access Hollywood’ tape, accusations of bias, possible fines: Trump Trial Day 1 takeaways