Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records to hide the reimbursement of a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Judge Merchan declined to strike for cause the prospective juror who posted what the defense called "hostile" Facebook videos, explaining that he believed the juror when she told the court that she would follow the facts of the case.
"I don't want a juror on this panel who lies to us. I don't want a juror on this panel who misleads us," he said. "And for this reason, I did want to hear from the juror."
Ultimately, Merchan found her assurances to be honest.
"I was able to see her demeanor, I was able to hear her voice," he said. "That juror looked me right in the eye, and when she said she could be fair and impartial, she meant it."
"I find her to be credible," Merchan concluded, before denying the defense motion to remove her from the jury.
Apr 16, 2024, 2:54 PM EDT
Judge scolds Trump for 'muttering' at prospective juror
As jury selection resumed for the afternoon session, Judge Juan Merchan scolded former President Trump over his audible "muttering" while a prospective juror was speaking.
"Your client was audibly muttering something," the judge told Trump's attorneys. "He was speaking in the direction of the juror. I will not tolerate that. I will not have any jurors intimidated in this courtroom. I want to make that crystal clear. Take a minute and speak to your client."
The interaction occurred after Trump's defense attorney sought to immediately strike potential jurors for cause based on social media posts that he said contradicted their assertions of fairness.
"There's a number of the jurors that we have social media posts for very much contrary to the answers that they gave," defense attorney Todd Blanche said.
Blanche pointed to a woman who he said has a "series of extraordinarily hostile Facebook posts."
One of the posts read, "So I've been in the middle of the ocean for the last few weeks. What's going on?"
Another post included a video of people celebrating near Manhattan's 96th Street and the words, "Full-on dance party at 96 Street."
Former President Donald Trump attends jury selection with his attorneys Todd Blanche (L) and Emil Bove on the second day of his trial at Manhattan Criminal Court, Apr. 16, 2024, in New York City.
Curtis Means/Pool via Reuters
Judge Merchan seemed baffled. "Show me the bias," the judge said. "I'm trying to understand. How does this call into question what the juror said when that juror was answering questions?"
Blanche insisted the post, a day after the 2020 election, was a celebration of Trump's loss.
"This is ridiculous," prosecutor Josh Steinglass said.
The judge determined "there are enough questions here" to allow the defense to question the woman about her posts.
"I think I went to the car to alternate-side parking or something like that and there were people dancing in the street," the woman said, adding that it reminded her of the pandemic-era cheer for health workers.
"I understand that bias exists," the woman said. "The job of the juror is to understand the facts of the trial."
When the woman left the room, that's when the judge scolded Trump.
Apr 16, 2024, 2:41 PM EDT
Jury selection resumes after break
Former President Trump is back at the defense table as court resumes after the lunch break.
While on break, Trump shared on his social media platform a newspaper opinion piece calling his former attorney Michael Cohen a "serial perjurer" and a "legal thug."
The former president, who is under a limited gag order prohibiting him from targeting witnesses in the case, did not add any comment of his own.
Apr 16, 2024, 1:24 PM EDT
'Feelings are not facts,' prospective juror says
Defense attorney Todd Blanche finished questioning the first group of potential jurors, including asking them to think about their social media usage and whether it affects their opinion of Trump.
Blanche asked a man born in Mexico who became a U.S. citizen when Trump was president if that would color his jury experience.
"I think the media and the opinions of my Facebook friends are inconsequential to this trial," the man said. "Feelings are not facts."
A woman who had said she had been living in a WiFi-free lake house for much of February and March said she didn't know much about the case, but she knew about Trump's policies. She said she had "very little agreement policy-wise" with Trump, but told Blanche she "didn't sleep last night" because she was thinking so hard about fairness and impartiality.
"You want your client to have a fair shake. I will do my level-headed best to make sure that happens," she said.
This part of the day clearly interested Trump. He turned his body in the direction of the jury box, shifting his gaze from his lawyer to the people who may sit in judgment of him.
Judge Juan Merchan subsequently recessed the court for a lunch break.