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       lite.cnn.com - on gopher - inofficial
       
       
       ARTICLE VIEW: 
       
       Takeaways from the first day of the Trump hush money trial
       
       By Jeremy Herb, Kara Scannell and Kaanita Iyer, CNN
       
       Updated: 
       
       10:23 PM EDT, Mon April 15, 2024
       
       Source: CNN
       
       The first criminal trial of former President Donald Trump is here.
       
       The opening day of the first criminal trial of a former US president
       began Monday, hitting home the reality that the presumptive Republican
       nominee for president will be sitting in a Manhattan courtroom as a
       defendant four days a week.
       
       Trump, who has pleaded not guilty to the 34 felony counts of falsifying
       business records, , watching them debate prosecutors over what evidence
       could be admitted and passing notes as they spoke.
       
       Choosing a roster of 12 jurors who can decide Trump’s fate will be
       difficult, as more than 50 people immediately were dismissed when they
       said they couldn’t be fair and impartial. The undertaking will
       continue Tuesday, with potential jurors asked to answer questions that
       could indicate their political views as part of an exhaustive process
       that could stretch beyond the trial’s first week.
       
       Trump did little talking inside the courtroom Monday. But his
       incendiary rhetoric was once again at issue, with a new call from the
       Manhattan District Attorney’s Office for Judge Juan Merchan to
       sanction Trump for violating the judge’s gag order.
       
       Here are the key takeaways from day one of “The People of the State
       of New York vs Donald Trump.”
       
       More than half of first batch of prospective jurors say they can’t be
       fair and impartial
       
       Merchan brought in 96 New Yorkers as prospective jurors. More than half
       were quickly dismissed because they said they did not think they could
       be fair and impartial.
       
       The swift dismissal of the prospective jury pool underscores the
       difficulty in picking a jury when the defendant is a former president
       who elicits strong feelings on both sides of the aisle.
       
       Trump has complained that he cannot get a fair jury in Manhattan, where
       the jurors must live. Among the jurors that stayed, most said they
       could be fair and impartial in this case.
       
       But as the judge began having jurors answer 40 questions about their
       backgrounds, media they consume and whether they have strong feelings
       about Trump, one more potential juror was weeded out.
       
       The woman answered yes to question 34: “Do you have any strong
       opinions or firmly held beliefs about former President Donald Trump, or
       the fact that he is a current candidate for president that would
       interfere with your ability to be a fair and impartial juror?”
       
       Merchan stopped her questioning and asked whether the lawyers had any
       objection to dismissing her. After a brief sidebar she was thanked for
       her service and dismissed.
       
       “I just couldn’t do it,” the juror was heard saying in the
       hallway outside the courtroom.
       
       Among the other nine potential jurors who were questioned, none said
       they had read any books written by either Trump or Michael Cohen. And
       none had said they’d worked or volunteered for Trump.
       
       Defense wants to slow things down
       
       After months of appeals to delay the start of the trial, the defense is
       now looking to slow down the legal proceedings as the November
       elections near.
       
       Sources told CNN’s Paula Reid that there will likely be many
       objections and sidebars during the trial because the defense is
       completely focused on preserving every issue for appeal.
       
       For instance, jury selection is already expected to last a week but on
       Monday Trump attorney Todd Blanche requested more time to question
       potential jurors. Blanche asked for 30 minutes for the first round of
       questions and 20 minutes for subsequent rounds – double the usual
       time – and the judge and DA’s office agreed.
       
       Blanche also attempted to raise problems with the current system of
       requiring a pre-motion letter 48 hours before filing motions, which
       Merchan said is in place “because we were being absolutely inundated
       with motions, many of which frankly were close to frivolous if not
       frivolous” — an apparent dig at the recent motions filed by Trump
       attorneys.
       
       These tactics fit the larger Trump legal strategy, which included
       months of appeals to delay the start of the trial, which was successful
       on separate grounds. The defense now hopes legal proceedings, which are
       expected to last six to eight weeks, move at a slow pace with the 2024
       election just months away.
       
       DA’s office accuses Trump of violating gag order, wants him fined
       $3,000
       
       Prosecutors asked Merchan to sanction Trump for violating the gag order
       prohibiting him from talking about witnesses in the case, the DA’s
       office or court staff.
       
       Chris Conroy asked to hold Trump in contempt for violating the gag
       order and sanction Trump $1,000 for each of three social media posts
       he made that they say violate the order.
       
       “We think that it is important for the court to remind Mr. Trump that
       he is a criminal defendant,” Conroy said. “And like all criminal
       defendants he’s subject to court supervision.”
       
       One of Trump’s posts on Truth Social called eventual trial witness
       Michael Cohen his “SleazeBag former attorney,” and in another he
       re-posted Stormy Daniels’ letter from 2018 denying an affair with
       Trump, which she has since rescinded.
       
       A third was a re-post from former Daniels attorney Michael Avenatti
       criticizing Cohen and Daniels. The post on X accused them of making
       money on “bogus documentaries” and TV interviews.
       
       Trump on Monday morning also shared a New York Post story, quoting from
       the story: “A serial perjurer will try to prove an old misdemeanor
       against Trump in an embarrassment for the New York legal system.”
       
       Merchan scheduled a hearing on the district attorney’s motion for
       next Tuesday.
       
       This isn’t the first time Trump has been scrutinized for his social
       media posts. He was fined twice for violating a gag order imposed by
       New York Judge Arthur Engoron in his civil fraud trial.
       
       “Access Hollywood” tape can’t be played, but actress can testify
       
       Merchan made several key rulings that may frame how the case is
       presented, delivering wins for both sides.
       
       Aside from refusing to recuse himself from the case, the judge sided
       with prosecutors in allowing Karen McDougal, an actress and model who
       alleged she also had an affair with Trump, to testify. Prosecutors can
       also introduce National Enquirer stories slamming Trump’s opponents
       as evidence.
       
       American Media Inc. agreed to pay McDougal $150,000 five months
       before the 2016 election for her silence about allegations of an affair
       with Trump, according to prosecutors. Trump has denied the affair. This
       payment is not part of the charges against Trump, but prosecutors have
       said that the testimony would help establish a pattern of payments.
       
       A key victory for Trump, meanwhile, was Merchan ruling that the
       infamous “Access Hollywood” tape can’t be played in court, saying
       it was prejudicial. Prosecutors also will not be allowed to bring up
       other sexual assault allegations against Trump that surfaced after the
       “Access Hollywood tape” was made public in October 2016.
       
       “They are very prejudicial, and at this point, given what we know
       today, it was just a rumor,” Merchan said.
       
       Merchan also denied prosecutors’ request to show E. Jean
       Carroll’s deposition from her defamation case against Trump
       because it would be “building in a trial into a trial.”
       
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