Topline
The judge overseeing former President Donald Trump’s criminal trial took issue with the ex-president during jury selection Tuesday as Trump appeared to mutter something in the direction of a potential juror, as the former president faces the threat of consequences for any misbehavior during his first criminal trial.
Key Facts
Trump’s lawyers questioned a potential juror Tuesday about social media posts she made about celebrations in New York City after Trump lost the 2020 election, MSNBC reports.
As the potential juror left the courtroom, Judge Juan Merchan said Trump was “muttering” within 12 feet of the potential juror, telling Trump’s attorney, “He was audible” and “gesturing.”
“I will not have any jurors intimidated in this courtroom,” the judge added, as quoted by the New York Law Journal, directing Trump attorney Todd Blanche to speak with the ex-president about his conduct.
Merchan ultimately did not dismiss that juror as the defense wanted, but he did dismiss a different juror over a social media post in which they celebrated Trump’s travel ban being overturned in court and added, “Get him out and lock him up.”
Prosecutors criticized Trump’s attorneys for their focus on potential jurors’ social media reports, according to Just Security, calling the strategy a “conceptual problem.”
Trump’s spokesperson Steven Cheung has not yet responded to a request for comment.
What To Watch For
Opening arguments for Trump’s trial are expected to get underway Monday morning, Merchan told jurors Tuesday as he swore in the first six jurors in the case. Jury selection is still ongoing, and 12 jurors plus six alternates will ultimately be seated. The trial is expected to last approximately six weeks from when opening arguments start. Trump has been charged with 34 counts of falsifying business records, which carry the threat of prison time if he’s convicted—though legal experts believe it’s unlikely he’ll be sentenced to prison as a first-time offender.
What We Don’t Know
How Trump will behave as the trial goes on—and what consequences he could face as a result. As a criminal defendant, the former president is required to be in court every day unless the judge specifically excuses him, with a court filing Tuesday explicitly stating that failing to show up “may result in [Trump’s]
imminent arrest and imprisonment for contempt of court.” Trump could also be removed from the courtroom if he’s disruptive during the trial, as well as potentially being held in contempt. Trump is already facing possible consequences for allegedly violating a gag order against him, with prosecutors asking for the court to fine Trump $3,000 for criticizing potential witnesses on social media. A hearing will take place on that issue next week.
Key Background
Trump was indicted in March 2023 for alleged falsification of business records based on his payments reimbursing ex-attorney Michael Cohen, who paid adult film star Stormy Daniels $130,000 right before the 2016 election to cover up her allegations that she and Trump had an affair. Trump then paid Cohen $420,000—adding in a separate expense, $60,000 bonus and enough money to cover taxes on the payment—through a series of incremental checks paid throughout 2017, which prosecutors allege were handled through the Trump Organization and falsely labeled as legal payments. Trump has pleaded not guilty to the charges against him. Jury selection in the trial got underway on Monday in the case, and the defense’s questioning of potential jurors over their social media posts comes after dozens of jurors have already been excused for admitting they would not be able to be impartial in the case. Those that remained then had to answer a 42-question survey before prosecutors and defense attorneys could then question jurors directly.
