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Before the jury is called back in, Justice #Merchan plans to hold a hearing on whether #Trump has again violated the #GagOrder in the case.
Trump went to his social media platform this morning to again saying:
"We cannot let this radical left, corrupt & highly conflicted New York Democrat judge interfere w/the presidential election of 2024 — the most important election in the history of our country. The USA is truly a nation in decline! Remove the unconstitutional gag order."
#Trump also attacked Justice #Merchan at a rally in Wisconsin last night & said that the #jury in this trial was drawn from a county —Manhattan — which is “a 95% or so Democrat area.”
Trump continued the same line of attack in the courthouse hallway. According to a pool report, he referred to Justice Merchan as conflicted & bragged about yesterday's rallies.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #MobTactics #GagOrder #TrumpTrial
#Blanche complains about media coverage in the argument, but #Trump seeks out the media, he gives multiple stmnts outside the courtroom & constantly discusses the trial. He’s running on his #criminal charges.
Justice #Merchan says he doesn’t understand Blanche’s argument comparing Trump’s inability to speak out freely w/journalists' ability to report freely on him everyday. “They’re not defendants in this case," Merchan says forcefully. "They’re not subject to the #GagOrder.”
#Blanche is arguing that #Trump has to respond to reporters who ask him about #witnesses.
Justice #Merchan replies, “It was your client who went down to that holding area & stood in front of the press & started to speak. It wasn’t the press that went to him. He went to the press. He didn’t need to go in that direction.” He adds, “Nobody forced your client” to go talk to reporters in the courthouse hallway when he attacked #MichaelCohen.
After Justice #Merchan pointed out that no one is forcing #Trump to talk to the #press, #Blanche’s response, “I agree with that.”
Merchan continues to express concern about Trump’s rights to free speech, particularly as a political candidate. He says that a whole press area has been set aside for Trump in the hallway so that “your client, as candidate for the presidency, has the opportunity to speak about absolutely anything he wants.”
Justice #Merchan seems very mindful of #Trump painting himself as a #martyr, & is trying to emphasize Trump’s #FreeSpeech rights as a candidate.
Merchan says he’s not that concerned w/the potential violation where Trump referred to David Pecker as “a nice guy.”
Blanche moved on to #MichaelCohen.
Who has really been relentless & isn’t doing the prosecution any favors.
Blanche shows some of Cohen’s tweets.
#criminal #law #CatchAndKill #ElectionInterference #MobTactics #GagOrder #TrumpTrial
#Blanche discusses #MichaelCohen’s Tik-Tok videos, saying, “This is not a man that needs protection from the gag order.”
This is a serious concern for prosecutors. Their #witness, who had said that he would be silent after having attacked #Trump, has not. + Justice #Merchan has already written that he is somewhat sympathetic to the defense’s argument here.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #MobTactics #GagOrder #TrumpTrial
Justice #Merchan signals he continues to have little patience for #Trump’s comments about the #jury, saying they were mostly #Democrats.
Pretty sure he’ll be penalized for at least those comments.
The #GagOrder violations hearing is over.
Hopefully Merchan will give a ruling soon on it.
Short break.
#KeithDavidson, #StormyDaniels's lawyer, is back on the stand for more questioning from prosecutors.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #MobTactics #TrumpTrial
Chris #Conroy, the prosecutor, says they need to go through the articles but that it's "odd" that the defense is asking for an advance ruling.
When Conroy says that he thinks the #GagOrder is "very specific," #Trump vigorously shakes his head.
#Merchan says he is not going to pre-judge Trump's postings. "I'm not going to give advance rulings," he says.
"There is no ambiguity, I believe, in the order." He says that if Trump is in doubt, he should "steer clear."
#Trump is back w/ his criminally indicted adviser #BorisEpshteyn.
Justice Juan #Merchan is on the bench & announces a scheduling clarification, saying that another hearing to determine whether Trump violated his #GagOrder will be held next Thurs morning. We are still waiting for the outcome of Tuesday’s hearing on the gag order, in which prosecutors asked that Trump be held in #contempt & fined at least $10k.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #MobTactics #NodFarter
FYI
Yesterday, prosecutors asked #Pecker to walk through his non-prosecution agreement in connection w/the 2018 federal investigation into the actions of #MichaelCohen & #NationalEnquirer’s parent company #AMI.
#Merchan told the jury that it was offered to provide context & to help them assess Pecker's credibility. He added that it wasn’t evidence of #Trump's guilt.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #HushMoney
Prosecutors repeatedly object to defense’s use of “President Trump” to refer to a meeting in June 2016, pointing out that #Trump wasn’t president at that point. Justice #Merchan sustains.
#Bove keeps jumping between topics during his #CrossExamination of #Pecker. Trump seemed engaged yesterday when this line of questioning began, today he’s more lethargic — sitting slumped in his chair, & he just tried to disguise a yawn.
#criminal #law #TrumpTrial #conspiracy #ElectionInterference #NodFarter
#Bove raises the Jan 6, 2017 meeting that took place in #Trump’s office at TrumpTower w/ #JamesComey, then the #FBI dir, #MikePompeo, soon to be the #CIA dir, #ReincePriebus, soon to be the #WhiteHouse chief of staff, & #SeanSpicer, soon to be the WH press sec.
Bove asks #Pecker about how #Comey & Trump later had a contentious relationship. Prosecutors object, & Bove asks for a sidebar. Justice #Merchan sustains the objection.
#criminal #law #TrumpTrial #ElectionInterference #conspiracy
Court breaking for lunch till 2:15 PM US ET
#Pecker will be back on the stand when court resumes.
Before leaving, Todd #Blanche, one of Trump's attys, asked Justice #Merchan to direct prosecutors to say who the next #witness would be. One of the prosecutors responded that Susan Necheles, another #Trump lawyer, already knew. Trump leaned over & asked Necheles, “Who is it?” She seems to have responded because he said, “Ah.” Then he got up.
The people called the first #witness & #DavidPecker was sworn in.
#Pecker of The National Enquirer, was part of the #CatchAndKill #conspiracy that #Colangelo described in his opening statement, w/ #Trump & #MichaelCohen.
Prosecutor Joshua #Steinglass questioned Pecker. He began by asking him basic biographical information.
At that point, #Merchan stopped testimony, to ask jurors if they'd like writing materials to take notes. At least 10 raise their hands.
After a short #testimony, #Pecker was dismissed from the stand. He’ll be back tomorrow.
Justice #Merchan told jurors about the schedule & asked them not to discuss the case w/ anyone & not to read about it. He asked them to put it out of their minds.
[signing off]
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
At the bench conference Judge #Merchan appeared to be speaking firmly to #Blanche.
The result of the conversation — Blanche may not be allowed to accuse #MichaelCohen of #perjury directly. But he may say that Cohen lied under oath. A #legal distinction.
Blanche suggested to the #jury there was a monetary motivation for Cohen's testimony, saying his livelihood relies on #Trump being destroyed.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
Prosecutors objected 3X during Blanche's opening statement. Justice #Merchan called them to the bench & prosecution won the objection.
Blanche loses a bit of his opening. He had to say instead that there is "nothing illegal" about entering a #NDA.
He said that companies use NDAs all the time & people who are wealthy & famous use them regularly, stressing there is nothing illegal about the practice.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
#Merchan has explained the concept of #ReasonableDoubt, instructed the jurors that statements made by the various attorneys are not to be accepted as fact, & #jurors are listening intently, a reminder that jurors take many cues from judges - as the impartial arbiter & why #Trump's attacks on judges are stupid.
Besides this case, today there's a hearing to determine the sufficiency of Trump’s #civil #fraud #bond for the $454M penalty, & Thurs, #SCOTUS hears arguments on his bs #immunity defense.
“The court cautions defendant that this #Sandoval ruling is a shield, not a sword,” Merchan said. Defense arguments at court could prompt him to reconsider where he draws the line on these issues, he added.
The #jury is now in the courtroom. Justice Juan #Merchan is reading them their instructions.
#criminal #law #Trump #TrumpTrial #ElectionInterference #HushMoney
#Merchan read his #Sandoval decision re:
the #civil #fraud finding that he misstated his assets; his 2 violations of a #GagOrder stemming from that case; 2 separate court findings of #defamation of #EJeanCarroll; & the dissolution of the #Trump foundation as part of a settlement w/the NYAG. The judge said he would not allow prosecutors to discuss in detail the underlying facts of those matters — but added a warning that could change.
Lawyers indicated that their opening statements will take a little more than an hour combined. Justice Juan #Merchan also noted that one #juror reached out before court resumed to express nervousness about the media attention surrounding the case, but the judge added that the juror is still here.
#law #Trump #AlvinBragg #ElectionInterference #HushMoney #JuryTampering #WitnessIntimidation #StochasticTerrorism #MAGA #MobTactics
It’s probably safe to say that few, if any, judges have had to deal w/the array of #threats to #their trial that Justice #Merchan has had to. Besides #Trump himself, who constantly tests the boundaries of his #GagOrder, there are his allies who attacking the judge & his family & who aren’t covered by the gag order. Then there’s the #media who has been putting potentially identifying info about prospective #jurors on TV.
#criminal #law #intimidation #harassment #JuryTampering #TrumpTrial
#Jurors are often excused by the dozens during selection, & even if someone is picked, it is not guaranteed that they'll serve. But losing 2 previously seated jurors in one day, isn’t great.
Justice #Merchan said Tues that given the rate they were seating jurors, opening arguments could begin as soon as Mon morning. We’ll see.
Merchan says that more prospective jurors will answer the questionaire before lunch. Attys on both sides will then each question the group.
#Trump #TrumpTrial #law
They brought back previously mentioned #juror4, who they were concerned misrepresented his arrest history when answering the questionnaire.
The reported conversation was odd given that he was accused of lying. His answers appeared to make defense atty, Todd Blanche, laugh. #Trump leaned in closer to listen. The juror explained something at length, gesticulating & setting off more laughter. Judge #Merchan did not look amused. The conversation ended & the juror was escorted from the room.
#law
The first potential #juror that is being questioned this morning says she has previously worked as a #law clerk for the federal government & has discussed the #legal merits of this case w/many of her coworkers. Justice #Merchan asks if that would influence her if she’s chosen for the jury. She paused before saying she could be fair, but then added: “It is hard to unring a bell.” [no doubt. I couldn’t be on this #jury]
#Trump #criminal #law #TrumpTrial
They are bringing in a new group of 96 prospective #jurors. This group has already been sworn in, & will soon go through the winnowing process, starting w/ Justice #Merchan asking them to raise their hands if they feel they cannot be fair to #Trump.
Reporters will be more careful in offering physical descriptions of the jurors after the judge's warning & earlier juror dismissal.
#media #Trump #criminal #law #intimidation #harassment #JuryTampering #TrumpTrial
#Merchan is now saying that the DA’s office came across information about juror #4 that called the veracity of that juror's answers into questions. The juror did not arrive at court on time.
The judge notes that the #juror was asked to be here at 9:15 & is still not here, & he expressed some reluctance to come in this morning. He is letting the parties discuss whether to dismiss the juror or wait for him.
#Trump #criminal #law #intimidation #harassment #JuryTampering #TrumpTrial
Emil Bove, one of Trump's lawyers, says #Trump is simply responding to "political attacks" when he criticizes #MichaelCohen, his fmr atty & #fixer, who's a key trial #witness.
#Merchan makes no immediate ruling on possible violation of the #GagOrder, saying he will wait for a hearing scheduled for April 23.
So yeah, Trump is certain to spend the time before then posting crap that will test the gag order's limits.
#criminal #law #intimidation #harassment #JuryTampering #TrumpTrial
#Trump defense is saying that reposting statements from others should not violate the #GagOrder, echoing Trump's own defense of his statements for years.
Conroy notes that Trump posted on social media quoting Jesse Watters on Fox News appearing to attack the prospective #jurors, saying they were activists trying to get on the jury to harm Trump. He underscores that they are asking #Merchan to hold Trump "in contempt."
#Trump #criminal #law #intimidation #harassment #JuryTampering #TrumpTrial
Justice #Merchan says the questions about employers are necessary. But he directs prospective jurors' answers to be #redacted from the transcript & #reporters to not report them.
Christopher Conroy, one of the Manhattan DA prosecutors, is now arguing that #Trump has continued to violate the #GagOrder that was placed on him. [ya think?]
"It's ridiculous & has to stop," he says.
#media #criminal #law #intimidation #harassment #JuryTampering #TrumpTrial
The #defense is objecting to skipping the question about current & past employers.
"That's not fair," #Trump atty Susan Necheles said of being denied the info.
#Merchan asks the #press not to report the answers to questions 3a & 3d on the #juror questionnaire: "Who is your current employer?" & "Who was your prior employer?"
"I have the #legal authority to do it,” he says of blocking the press from reporting info about jurors' employers.
"There's a reason this is an #anonymous #jury & why we have taken the steps we have taken," Justice #Merchan says, asking that the #press "abide common sense," & avoid physical descriptions.
Merchan says we lost a #juror who he thinks would have "been a very good juror."
"I'm directing the press to refrain from writing anything you observe w/your eyes & hear w/your ears that's not on the record," the judge says.
#media #Trump #criminal #law #intimidation #harassment #JuryTampering #TrumpTrial
