Trump hush money trial gets off to sluggish start

NEW YORK — Former President Trump became the first former commander in chief to stand trial on criminal charges Monday, but it got off to a sluggish start with even Trump himself appearing to nod off at times. 

For hours, the parties battled over a series of pending legal issues, keeping the hundreds of prospective jurors waiting until mid-afternoon as Judge Juan Merchan mulled what evidence can be admitted and whether Trump violated his gag order. 

Trump appeared detached at times, staring straight ahead and drooping his head. He struggled to stay awake and sat motionless for periods of time, his arms crossed, though it was unclear if he fell asleep, sparking a debate among the press corps.

As the arguments dragged on, Merchan appeared to get frustrated with the pace, telling the lawyers to “work it out” so the proceedings could move ahead. 

The laborious process of selecting the 12 New Yorkers who will decide a verdict in the historic case didn’t begin until after just 2:30 p.m., when the first 96 prospective jurors were sworn in after going through security and entering the dingy courtroom.  

Once inside, some craned their necks to get a view of the former president at the counsel table. Some prospective jurors sat next to two of Trump’s political aides, Jason Miller and Margo Martin, who were on their phones. 

Many prospective jurors quickly wanted out; more than half of the initial group said they couldn’t be fair and impartial, and at least nine more were excused after saying they couldn’t serve for other reasons. 

“I just couldn’t do it,” one woman was heard saying in the hallway after being excused from the courtroom. 

The court has imposed extensive measures to shield the jurors’ identities from the press and the public. Lawyers on both sides will receive the identities in a written list, but they cannot photograph or copy it, the judge said. Video feeds in an overflow room at the courthouse cut out when jurors moved throughout the room.

It marked the official start of a historic proceeding, where Trump will defend himself against New York charges connected to a hush money deal with an adult film actress ahead of the 2016 election. Trump faces 34 counts of falsifying business records; he pleaded not guilty. 

On Friday, Trump’s campaign sent out a fundraising email that read in part, “72 hours until all hell breaks loose!” invoking similar language to Trump’s posts in the lead-up to the Jan. 6, 2021, Capitol attack. 

But outside the Manhattan courthouse, where it was a sunny day with temperatures in the high 70s, the scene was much calmer than Trump’s arraignment last year. Only a few dozen protesters showed up, surrounded by a heavy security presence and a swarm of media. 

Ariel Kohane, 53, was one of those few dozen pro-Trump protesters. He said he believed the trial was a “farce” and Manhattan wasn’t a fair venue, but he’s holding out hope that Trump still won’t be convicted. 

“If we’re gonna have one or two fair-minded jurors, impartial, who can just look at the facts only, then they’ll do the right thing and acquit him,” said Kohane, wearing a “Jews for Trump” shirt.  

“If they can put the politics aside with all your emotions aside, but it’s going to be very, very hard to get a fair trial here.” 

Inside the courthouse, it was business as usual on other floors. A steady stream of defendants wearing handcuffs were ushered into the building throughout the day, seemingly unaware that the first criminal trial of a former president was taking place 14 floors above them. 

In the morning, Trump entered the courtroom flanked by his defense team, hunching his shoulders but lifting his chin and donning a stern face. He strode past nine rows of wooden benches on each side of the courtroom, then empty, to take his seat at the defense table. 

No cameras are allowed inside the courtroom, and Trump often declined to answer questions while passing by reporters stationed in the hallway just outside. 

But at the end of the day, Trump did take the opportunity in front of the cameras to rail against the judge and the case. 

“It’s a scam. It’s a political witch hunt. It continues, and it continues forever. And we’re not going to be given a fair trial,” the former president said. 

Earlier in the day, prosecutors took aim at Trump’s public statements, accusing him of violating a gag order imposed by the judge. 

Assistant District Attorney Chris Conroy said that three recent Truth Social posts by the former president were in violation of Merchan’s order, which barred Trump from attacking witnesses, prosecutors, court staff and the judge’s family. 

Several individuals expected to serve as key witnesses in the trial were named in the posts, including Trump’s ex-fixer, Michael Cohen; adult film actress Stormy Daniels; and Mark Pomerantz, an ex-Manhattan prosecutor who once oversaw the investigation into the former president. 

The former president called Cohen a “disgraced attorney and felon…prosecuted for lying” and suggested Pomerantz should be “prosecuted for his terrible acts in and out of the D.A.’s Office.” 

He shared a statement Daniels made denying an affair with Trump — which she later recanted, though his post made no mention of that — and he called both Daniels and Cohen “sleazebags.” 

Conroy asked that Trump be fined $1,000 each for the three posts and be reminded he could be jailed if he continues to violate the gag order. Prosecutors also suggested a fourth post, made Monday minutes after Trump arrived at the courthouse, could also violate the order. 

However, Blanche insisted that the posts in question are not in violation of the gag order. 

“He is responding to salacious, repeated, vehement attacks by these witnesses,” Blanche said. 

Merchan did not immediately rule on the request but set a hearing date for April 23.  

The morning was also filled with a laundry list of outstanding legal issues.  

The judge declined to allow prosecutors to play the actual 2005 “Access Hollywood” tape at trial, in which Trump is heard describing grabbing women sexually without their permission, and he said prosecutors can’t tell jurors about several accusations Trump committed sexual assault. 

However, the state can admit Trump’s online attacks against Cohen as evidence — if defense attorneys seek to undermine Cohen’s credibility. 

“The door is open the minute the defense says Michael Cohen is a liar,” Merchan said. 

Merchan granted prosecutors’ request to introduce additional evidence about the alleged arrangement Trump had with the National Enquirer, which led to the hush money payments at the heart of the case.  

And finally, the judge declined to recuse himself from the case — again.   

Jury selection will resume Tuesday morning.