Thread by @TylerMcBrien

It’s a beautiful morning at 100 Centre Street in Manhattan.

I’m waiting in line with members of the press to attend the first criminal trial of a former president, Donald Trump, for @lawfare.

Follow this thread for updates 🧵⚖️

Today, jury selection begins. But how did we get here?

On this morning’s @lawfare podcast, @AnnaBower, @rparloff, @katherinepomps, and I walk you through everything you need to know as the curtain raises on the trial. shows.acast.com/60518a52f69aa8…

And just how can someone as famous as Trump get a fair and impartial jury in New York?

Benjamin Wittes and I walked through the process and annotated the questionnaire to figure out what each side wants in a juror. lawfaremedia.org/article/how-to…

It looks like the defendant is awake too, posting on social media about the gag order implemented by Justice Juan Merchan.

A lone demonstrator holds up a spray painted sign that simply reads TRUMP CRIMINAL TRIAL, as if we don’t know why we’re here. Journalists are taking turns interviewing.

The back of the sign is a bit less descriptive. It reads: CONVICT TRUMP ALREADY.

The press is heading in.

Like the pre trial hearings Trump attended, this morning’s entry process will take some time. Security, secret service, and all of the logistical challenges of putting a former president on trial makes it slow going.

As Ben Wittes and I wrote, selecting a fair and impartial jury today will be difficult—but not impossible. How do we know? It's been done before. Once in a trial that Justice Merchan himself presided over against the Trump Organization last year. lawfaremedia.org/article/how-to…

We've been told that they're shutting down the hallway momentarily to allow the former president to enter.

Trump's motorcade has pulled up at 8:59 a.m.

As we wait for jury selection to get underway, I'd like to ask for your help. If you value our work at @lawfare, please consider donating to our Trump Trials coverage campaign to fund all of this and more: givebutter.com/c/trumptrials/…

The NYT called it "short on charm." ABC7 wrote in 2021 that the "backrooms of the courtrooms are dingy, dusty and dirty."

But for better or worse, 100 Centre Street will be our home for the next 6-8 weeks.
abc7ny.com/dirty-courthou…

9:17 a.m. Prosecutors Susan Hoffinger, Joshua Steinglass, Matthew Colangelo have arrived

It's quiet, if not a bit stuffy, in the overflow courtroom reserved for press. Only six reporters are allowed in the main courtroom for jury selection, because the rest of the seats will be taken up by potential jurors.

I hear one journalist say to himself, "I'm ready."

There was some fuss about 10 mins ago when a member of the public who had argued his way into the overflow courtroom w/ the press, argued his way back out after learning he can't use his phone. He asked for officer names and badge numbers and complained about his 1A rights.

9:24 a.m. the defense is trickling in. It's Gedalia Stern, who just walked in alone.

9:32 a.m. Trump has taken his seat at the defense table, with his signature red tie and fingers interlaced in front of him.

On the defense side, facing the bench from right to left, it's Todd Blanche, Trump, Emil Bove, and Susan Necheles.

For the prosecution, it's Susan Hoffinger, Matthew Colangelo, and Joshua Steinglass.

Now that Trump is seated, the press in overflow is allowed to use the restroom—some make a dash for the door, others stay put, worried to miss news.

Trump remains seated a bit hunched over, occasionally talking to Blanche, but mostly looking down at something on the table in front of him. The defense team is mostly quiet too.

Looking at Trump's Truth Social account, it appears that the thing he's looking down at is his phone, from which he's posting news stories, polls "from the past," and other things.

Trump and Blanche are now in animated conversation. Blanche is explaining something, pointing at the table, as Trump looks thoughtfully into the distance. Bove and Necheles look ahead quietly.

When Trump arrived at the 15th floor at 9:30am, he didn't answer any questions, but he did make a few remarks, reported here by @CNN:

9:58 a.m. still no sign of Justice Merchan. Trump is starting to look bored, leaning back in his chair and staring blankly into the distance. Blanche, to his write, is taking notes on a legal pad.

9:59 a.m. All rise, Merchan takes the bench.

Lawyers for the People of the State of NY introduce themselves, as does Todd Blanche for the defense.

Merchan starts with some "loose ends," turning first to two motions for recusal pending simultaneously. Merchan is talking about the repetitive nature of the motions.

Merchan reviews some of the "offensive" statements from Trump's motion, that the Court is "striving" to do everything it could to be prepared and dispense justice. That there's no agenda here, etc.

There are four large TV monitors mounted to the front wall of the courtroom, to Merchan's left. Trump can see himself and the rest of the defense table on one of them. Also in the room: DA Alvin Bragg and Trump spokesman Steven Cheung

Merchan categorizes these claims as "a series of inferences, innuendos, and unsupported speculation" and "to say that these claims are attenuated is an understatemnet." A ruling from the bench is coming, likely a denial.

Merchan: "There is no basis for recusal."

Merchan reminds the courtroom that a judge is as much obligated not to recuse himself when it's not called for, as he is to recuse when it is.

NEWS: Merchan rules from the bench, motion for recusal DENIED. Moving onto the next issue.

We're now going over the schedule. No proceedings on Monday Apr 29, and the Court will not convene on Wednesdays, as stated before. This will be the plan for the duration of the trial, barring unforeseen circumstances.

No court either on the first and last two days of Passover, Apr 22-23 Apr 29-30, respectively—Court reassures everyone that observance of the Passover holidays will not affect a juror's ability to serve.

Merchan can't rule yet on requests for recess on Fri May 17 for Trump to attend son's high school graduatino and Fri June 3 for a defense team member to attend his son's graduation. We'll have to see.

Now onto jury selection process, including Blanche's suggestion for a "hybrid" system, and complaint that the questionnaire favors the prosecution. Blanche rises to address these claims.

Prosecution summarizes counterargument: first issue, there's no legal barrier to court's plan to dismiss jurors who self-identify that they can't serve w/out interviewing them. Second, voir dire is there to select a fair and impartial jury.

Prosecution seems okay with a pre-voir dire screening process in 2 stages: 1st ask jurors whether they're unable to serve due to travel, family, job, religious observance, then ask if remaining jurors can be fair and impartial.

Prosecution says that questionnaire is fair, Trump will suffer no prejudice, and calls this delay motion an "11th hour request." Blanche to reply now.

Blanche defends his hybrid approach—he's speaking softly, deliberately, with deference toward Justice Merchan.

Both sides are in agreement for the hybrid approach. Merchan says he must have misunderstood it when it was first proposed. Now he seems to be fine with it, doesn't think it will unnecessarily delay jury selection process.

Now onto the alleged "asymmetry" of the questionnaire. Merchan calls it "already by far the most exhaustive questionnaire this court has ever used."

Steinglass rises to address a number of issues from the motion in limine, that need clarification. 1st: permissibility and use of testimony from Aug 2015 meeting with Michael Cohen and David Pecker.

That meeting led to the alleged catch-and-kill scheme, but also an agreement to publish flattering stories about Trump, and negative stories about Trump's opponents. Steinglass wants to enter those stories into the record as evidence.

Steinglass says the National Enquirer stories were shown to Trump before publication for his approval, editing, changing, etc.

These negative stories include ones accusing Ted Cruz of infedility and family connection to JFK's assassin and Marco Rubio of drug abuse and a sex scandal. Chuckles ripple through the overflow room.

Steinglass says this evidence is admissable bc of the election connection: "Entire point of the Trump Tower meeting was to control the flow of information that reached the electorate" and "to accentuate negative, and exaggerated information harmful to Trump's opponents."

Some conduct is not in and of itself illegal, but it is if in furtherance of another crime. Steinglass likens the renting of a getaway car for a bank robbery: renting a car is not illegal, but robbing a bank is. This is the election interference connection for the felony step up

Blanche is up now, saying this evidence would do nothing but "confuse the jury." He says the fact that a newspaper editor meets with a candidate and his team on timing of articles, nothing is illegal about that, it happens all the time.

Blanche also takes issue with the prosecution "hand picking" these articles, saying there's no evidence that the ones they want entered as evidence represent the full volume of the articles that may be at issue.

Blanche says that by entering this evidence, there's a high risk of prejudice, that this has nothing to do with the charged conduct, and will become a sideshow.

Merchan seems skeptical that these prepublication meetings were conducted in such a way with the falsification of business records down the road in mind. But he's satisfied probative value exceeds prejudice, if any, and allows it in.

Steinglass is now discussing the parameters of testimony from Karen McDougal, says there is "salacious details we have no intent on soliciting unless the door is opened."

Steinglass is seeking to establish that McDougal is a former Playboy model that claimed to have a yearlong romantic and sexual relationship while Trump's wife is pregnant.

Blanche rises to object as Trump remains stone-faced as allegations of extramarital affairs and other "salacious details" are made.

Blanche is more forcefully arguing the prejudicial risk that this testimony might bring: "This is just to embarrass President Trump, it has nothing to do with the trial, he's not charged with this misconduct...It's salacious with no value."

Steinglass is also a bit more forceful now, as he objects with his hands on his hips.

Merchan is unmoved—his ruling on the motions in limine stand.

However, he will not allow inclusion that Trump's wife was pregnant and gave birth during the alleged misconduct. He doesn't see the probative value in it.

Now we're talking about the now infamous Access Hollywood tape, which the court has ruled is admissible. Trump keeps tapping Blanche on the shoulder to ask or tell him things.

Still no reaction from Trump as Steinglass describes his Access Hollywood tape comments on "grabbing women's genitals," which Steinglass calls sexual assault.

Meanwhile, Trump is posting through it all. He's hunched over now, mostly looking at his phone, looking up every now and then at Merchan and to his right at Blanche and the prosecution.

Steinglass, after reading a transcript from the tape, including the "grab them by the p*ssy" line, now says excluding the actual words used would mislead the jury. It will give "the most accurate and forceful description."

Blanche is pushing back now on the inclusion of the AH tape as evidence: "The People will get everything they need...from what your honor has already ruled." Calls this "extremely salacious evidence" that is "very prejudicial."

Merchan:"This is the impetus, this is what led to everything that followed. My ruling that we were not to play the tape was, and remains, that the tape itself is so prejudicial to see Mr Trump depicted, the words coming out of his mouth, the facial expressions, the hand gestures"

Merchan also will not admit E Jean Carroll deposition. But he will admit an email thread about the tape—bolsters the claim that the Access Hollywood tape was a crucial event. Prosecution can talk about what's in the tape, but Merchan doesn't want the jurors to hear Trump's voice.

Steinglass says the truth is, and evidence will show, that the campaign and defendant himself became obsessed with these allegations of sexual assault. And that Trump was acutely aware that AH tape would hurt him with female voters. He's playing a clip from a campaign rally now

Steinglass is now reading tweets from Trump denying the allegations and denigrating the accusers, each of them specifically mentioning women or female voters.

Steinglass: "These rallies, events, and tweets powerfully demonstrate the extent to which Mr Trump was preoccupied with these allegations and concerned about the impact on voters."

Steinglass: "This concern of losing female voters was the catalyst that led to the defendant" to kill the Stormy Daniels story, "the proverbial straw that broke the camel's back."

Blanche is up now: he keeps calling this a "prejudicial sideshow," calls them "complete hearsay, unproven accusations," and that evidence has already been admitted that can speak to this conduct.

Merchan DENIES prosecution's request to bring evidence of three other allegations of misconduct. Says it's "just a rumor, just gossip, complete hearsay"—doesn't want to "prejudice the defendant on the basis of a rumor."

Now onto evidence that Trump tried to dissuade witnesses from cooperating with law enforcement. Court had previously said that an offer of proof is required before admitting evidence for this claim.

Steinglass is displaying a series of tweets, two weeks after Michael Cohen's business was raided. Trump is hunched back over his phone again, with a furrowed brow and a frown.

Correction: it appears that he's actually scrutinizing the monitor in front of him, which is displaying his own tweets on Michael Cohen at the time.

Steinglass says that these tweets and backchannel communications were meant to keep Michael Cohen in Trump's corner and convince him not to flip on Trump—which worked for several months. Prosecution wants to contextualize why Cohen would deny wrongdoing for as long as he did.

Steinglass reads another Trump tweet from when he finally turned on Cohen: "If anyone is looking for a good lawyer, I strongly advice you don't retain the services of Michael Cohen." Biggest laugh of the day so far from the press corps in the overflow room.

Steinglass says that this evidence can't be prejudicial and should be admitted because "These are the defendant's own words, publicly broadcast, tweeted out for the world to see."

Steinglass calls these tweets "efforts to intimidate witnesses into staying quiet, and therefore relate to his consciousness of guilt."

Now we're onto a few choice Truth Social posts, including the following, which Steinglass makes clear was writting in all caps: "IF YOU GO AFTER ME, I'M COMING AFTER YOU" The point about witness intimidation here seems fairly clear.

Blanche has his elbows on the table, his head rested on his hands before him. Trump is seated back in his chair.

Steinglass is now talking about how these posts have "incurred the wrath" of Trump's supporters.

This seems to push back against Trump's claim that the witnesses are benefitting by testifying in this case: Steinglass is making the opposite case. That testifying comes with the high risk of "third party reprisals," not out of their own self interest.

Blanche is up now. First on an email sent from Costello to Cohen, he says there's "zero evidence" that anything Costello said actually came from Trump himself. Suggests that maybe it came from Giuliani, who may not have been representing Trump at the time anyway.

Blanche is now arguing that the tweets about Cohen weren't sent to Cohen, that it was just Trump as president responding to the barrage of media attention. Blanche says it's a stretch to consider that an admission of guilt in any way.

Merchan seems very skeptical that something that Trump tweeted out to millions of people can't be used in court, but he will reserve judgment until Blanche actually files something.

Steinglass now gets to the heart of the matter and sums up why we're going through all of this: Cohen will be painted as a liar.

At 11:18 a.m. Merchan calls for 10-15 minute recess.

Per the pool: "As Trump left the courtroom for the break, he scanned a row of pool reporters and pursed his lips. He and his lawyers followed the front of his security detail out to the hallway."

It's 11:33 a.m. and both sides are back in the courtroom awaiting Merchan's return. Trump and Blanche and talking to each other animatedly.

11:36 a.m. and Merchan is back.

Also per the pool, before the break Steinglass "indicated that the prosecution will ask the judge to hold Trump in contempt for his attacks on witnesses."

Merchan has a hard time seeing how the defense won't open the door to accusations the Michael Cohen is a liar—when witnesses take the stand, during opening statements, during jury selection.

One more matter from the prosecution: a clarification re: Michael Cohen's guilty plea to campaign finance violations.

Steinglass says Cohen's plea is highly relevant b/c the fact of his guilty plea speaks to his credibility and during hte period that Cohen remained in the Trump campaign, he continued to lie on Trump's behalf. Eliciting evidence about the plea is essential to explain the shift.

Steinglass likens Michael Cohen to a co-defendant in a robbery case. When a cooperating witness pleads guilty to a crime that a co-defendant is charged with, such evidence is routinely admitted.

Blanche consults with co-counsel Emil Bove before clarifying.

Merchan says you can't just pick and choose between Cohen's crimes to which he pleaded guilty. Blanche says that this happens regularly.

Blanche is a bit more animated now, saying that there's zero probative value (which he says twice for emphasis) in eliciting Cohen's testimony that he pleaded guilty to campaign finance violations.

The prosecution is deep in conversation, and Merchan asks a distracted Steinglass to sit down while Blanche finishes.

Merchan now reads into the record his previous ruling on the admissibility of Cohen's guilty plea: "Testimony of the underlying facts of the guilty plea are permitted as long as the proper foundation is laid."

Merchan is confused why there's confusion: "I can't reverse myself."

Bottom line from Merchan: "I don't want the jury to think that because Michael Cohen pled guilty to FICA violations or anything else, that therefore Trump is guilty."

That's it for the clarifications on the motions in limine for the prosecution. Two procedural "but significant" issues now from Blanche, both re: filing of motions.

First, the premotion letter process which requires Blanche to send these letters to the prosecution, who have 48 hours to respond before defense can file. Second, the same process but with the "redactions issue."

Blanche claims that his side isn't permitted to email the court, which Merchan replies, somewhat impatiently: "That's not entirely accurate. You are permitted to email the court."

Merchan reminds everyone why he ordered the premotion letter system in the first place: "we were being absolutely inundanted with motions, many of which, frankly, were close to frivolous if not frivolous"

But Merchan shortens the 48-hour rule to the end of the business day, which the prosecution does not object to—Blanche keeps jumping up to interrupt Steinglass, but Merchan tells him to sit.

Merchan jokes that while the defense knows that the premotion letters are restricted to one page: "I notice that the font has been getting increasingly smaller." A big laugh from the press.

Merchan seems to be loosening up a bit. "Alright gentlemen, sit down, relax...there's more important work to be done." He mentions the hundreds of jurors, still unseen, who are waiting in the wings.

Merchan wants to jump ahead now to the pretrial checklist. He's going to read through how he presides over trials so there's no confusions or questions.

First is thte time limit for voir dire: 15 mins for first round, 10 mins in subsequent rounds, but "clearly this case calls for a little bit more than that." But, he notes that most trials have 15 item questionnaires, while this one has 42.

Blanche asks for 30 mins in the first round, which the prosecution agrees to. I hear a journalist behind me say, exhaustedly, "Jesus christ."

Per the pool: "Trump is flipping through a hard copy document as he sits at the defense table. His computer screen is dark — pool cannot see if the paper work he paged through is the jury questionnaire now being discussed."

Merchan reminds the courtroom: "Counsel is not permitted to approach the witnesses at any time."

If the Trump plans to testify, the defense counsel can refer in the opening to what he'll say, but can't do that if Trump won't testify.

Merchan is now going through some boilerplate instruction on prepping witnesses, examining witnesses, etc. It's routine, and counsel's bored faces can attest to that.

Blanche: Trump wants to be present everything.
Merchan: That gets a little tricky—I almost prefer that either does or does not every conference.

*present at everything

Blanche clarifies that Trump does indeed intend to attend everything with regard to jury selection, and will update the court after jury selection on the rest.

Now we're talking about the spacial limitations of 100 Centre Street: not everyone who wants to be present at periods of private jury questioning will be able to. Because where Trump goes, so goes Secret Service as well.

Merchan now reminds Trump about "Parker warnings." They're not unique to Trump, he does this with every defendant. As he reads them, he periodically asks Trump if he understands, to which Trump nods and mouths yes at each point.

Prosecution is now announcing it will seek permission to file a motion to hold Trump contempt of court. Impose a sanction of $1000 for each violation, as well as take down offending posts, and remind Trump that further violations could result in jailtime.

Prosecution is now reading a social media post that Trump had posted from *within the courtroom itself*

Prosecution is now reading Trump's three alleged violations of Merchan's Apr 1 order: Apr 10 repost from Michael Avenatti which attacks Stormy Daniels and Michael Cohen; same day, post of a photograph of publicly available statement from Stormy Daniels; and another post abt Cohen

Prosecution is now saying that Trump was well aware of the 4/1 gag order because he posted about it several times

Merchan looks on quietly with his signature poker face, as Blanche rises to counter.

Blanche again makes the argument that these posts are not targeted at specific individuals, but rather reactions to "salacious repeated attacks by these witnesses."

The jurors (who we still haven't seen) have been dismissed for lunch, so Merchan dismisses everyone else as well.

We'll be back at about 1:33 p.m.

A little color for everyone, from outside the courtroom.

1:34 p.m. and Merchan is back on the bench. He's discussing his concerns about privately questioning jurors who need to be.

Re: the the prosecution’s request to have Trump held in contempt, Merchan says he will hold a hearing on the issue on Weds, 4/24 at 2:15pm.

We're now expecting a panel of the first 96 jurors, "whenever they're ready" says Merchan

But first, it appears as if we're having a brief Sandoval hearing.

Blanche is again discussing the late-breaking documents from the Southern District of New York last month. Steinglass says that volume of material hasn't prohibited the defense to file thousands of pages of frivolous motions.

"That's completely false," says Blanche, at the accusation that the defense had months to review these exhibits, and that it's a tactcal decision.

Merchan lays the hammer down: defense has 24 hours to identify exhibits, otherwise they'll be precluded from introducing them. "You have 24 hours," the judge says.

Blanche pleads for end of the day Wednesday, saying that 200k pieces of paper kept them busy.

"Let's not go over the 200k pieces of paper, we know that it's not really 200k pieces of paper," Merchan fires back.

"My order is clear. You were directed to do it immediately," Merchan says, referencing his Feb 22 order.

Necheles is speaking now, but it's extremely difficult to hear her in the overflow room, as she's far from the mic. Whatever she's saying, Merchan isn't moved by it.

Per the pool: "Mr. Trump, who normally travels with a not-small entourage, has two aides at the back of the courtroom, Jason Miller and Margo Martin. But he does not have the same coterie of aides in court he often has had."

A long sigh from Merchan as Blanche rises to reply again after Necheles.

Blanche now asks about the names of the jurors, and how they will "get them." Merchan says, with another sigh, that this is still being worked out.

Merchan will hand each side one copy of the list of names of first panel of 96 jurors, and says "I'm directing you now: that copy is not to be photographed or duplicated in any way shape or form," and afterwards they're to return the list.

Merchan leaves the bench momentarily, as Trump has a close conversation with Blanche.

Merchan makes a request to counsel as we wait for the jurors: "please don't encourage jurors to seek out prior conversations—once one juror has an opportunity to come up to the bench, everyone wants to come up to the bench."

As a reminder, the names of all jurors will be kept secret, except to the parties, per Merchan's order for an anonymous jury. You can read that order here: s3.documentcloud.org/documents/2453…

Correction: Merchan's request was not to encourage jurors to seek out *sidebar conversations, thanks @rparloff

@rparloff Trump and Blanche continue to converse as we wait for the first panel of jurors, both waving their arms at certain points. The press pool can hear Trump's voice, but can't make out what he's saying.

As I wait, and you wait, and the lawyers wait for the prospective jurors, remind you that if you're enjoying this coverage, to please consider donating to @lawfare's fundraising campaign: givebutter.com/c/trumptrials/…

@lawfare It's hot and stuffy in the overflow courtroom, and it seems to be setting in among the press that this process will take two weeks or more—and we haven't even seen a single juror yet.

"I'm sweatin' like I'm on trial," I hear one journalist nearby say. To be honest, so am I.

@lawfare Another journalist just tapped me on the shoulder and joked, "Look, Trump and Elon are talking about you." Folks, we're getting a bit restless in here.

@lawfare 2:25 p.m. Merchan is back at the bench, and says all 96 jurors are waiting. He's going to hand 6 copies of the sheets with just the numbers, and 1 copy of names + numbers. There are over 200 jurors physically here today.

@lawfare As a reminder, jurors will be referred to by a letter and number (e.g. A1 or B200)

@lawfare "Major, whenever you're ready," Merchan says. Though it's unclear what's happening, because the video feed in the press's overflow courtroom has been disabled.

@lawfare It's likely that they're reorienting the cameras to protect jurors' privacy and anonymity during voir dire, but it's still unclear. We're in the dark over here.

@lawfare Per 1 of the 6 pool reporters in the courtroom itself, the first batch of 96 potential jurors are filing in, though they have not yet been sworn in.

@lawfare Just after we returned from break, Merchan also ordered a new date for the hearing on the defense's request that Trump be held in contempt on alleged gag order violations.

NEW DATE: Tuesday, April 23 at 9:30 a.m.

@lawfare The video feed is remaining off, but the audio has cut back in as jurors are being sworn in. Per the pool, the jurors "are being seated next to Trump aides Jason Miller and Margo Martin who are sitting in back against the wall to the left of the door as you enter the courtroom."

@lawfare Video is back on. Merchan begins explaining what the trial involves, his role, and the role of the jury. He says it should take about 30 mins. Merchan: "You're about to participate in a trial by jury. The system of trial by jury is one of the cornerstones of our judicial system."

@lawfare Benjamin Wittes and I walked through what Merchan will explain in our @lawfare piece from last week: lawfaremedia.org/article/how-to…

@lawfare Per the pool, Trump craned his neck to get a look at the jury pool as they entered the jury box, whispering to Blanche as he did so.

@lawfare Another pool reporter says many prospective panelists stretched their necks to get a look at Trump, and that one woman toward the back of the room giggled and put her hand over her mouth. No reaction though when Merchan read "The People of the State of NY v. Donald J. Trump"

@lawfare "As a juror, you are asked to make a very important decision about another person," Merchan says solemnly, as he describes the a juror's duties and responsibility to be fair, impartial, and unbiased.

@lawfare Trump, arms crossed, is mostly looking at Merchan as he gives an overview of the presumption of innocence, the burden of proof, and proof beyond a reasonable doubt—but occasionally he looks toward the jury box.

@lawfare Another pool reporter paints a courtroom scene: prospective jurors take up every available seat, as they listen intently at Merchan's instructions and case basics. It's a "diverse cross-section of Manhattanites."

@lawfare Merchan is now reading a list of people involved in the case including Michael Cohen, Kellyanne Conway, Robert Costello, Stormy Daniels, Donald Trump, Rudy Giuliani, Hope HIcks, Dylan Howard, Dewitt Hutchins, Jared Kushner, Karen McDougal, David Pecker, and many, many more.

@lawfare Donald Trump Jr., Ivanka Trump, Melania Trump, Allen Weisselberg, also named.

These are not all going to be witnesses, but they will all be mentioned at some point or another.

@lawfare Merchan is now asking panelists to self-identify if they can't serve or be fair and impartial. It's easier to excuse prospective jurors than sworn jurors.

@lawfare Trump's eyes appear to be closed once again, though whether or not he's sleeping, as some reporters claimed earlier today, is not at all clear.

@lawfare Trump's alleged mid-courtroom napping has been the subject of some debate among the press corps.

@lawfare Video is disabled once again, but we can hear Merchan calling jurors by their letter+number signifier, allowing those who self-identified to step out if they believe they cannot be fair or impartial. As a reminder, this is the first in the two-step "hybrid" process.

@lawfare One journalist near me whispers: "it's normally not that easy to go home."

@lawfare A pool reporter notes that five hands went up in the jury box when Merchan asked about fairness and impartiality.

@lawfare Merchan is now asking jurors again to raise their hands if they believe they're unable to serve on this jury for any other reason (other than a belief that they can't be fair and impartial). We can only hear Merchan, who periodically thanks jurors as he presumably dismisses them

@lawfare More debate among the press about the #SleepGate — one reporter notes that Trump's "eyes very much appeared to be closed for several minutes at a time," though suggests this could be better categorized as "dozing" not "napping"

@lawfare Per the pool: "More than half of prospective jurors in the first panel of 96 people have been excused after saying they could not be fair and impartial. At least 50 were let go for that reason."

@lawfare 18 random jurors will now be selected to sit in the jury box to answer the 42-item jury questionnaire.

@lawfare Seat 1 is B397, seat 2 is B38, seat 3 is B220.

"Bingo!" a reporter behind me jokes.

@lawfare Another reminder: the box has 18 seats because, 12 jurors + 6 alternates = 18 jurors.

@lawfare A further 9 jurors were excused after Merchan asked if jurors could not serve for any other reason, leaving 34 of the original 96.

@molcranenewman reports from the courtroom that of the excused jurors, more than two dozen were white women.

@lawfare @molcranenewman 18 jurors now seated in the box, the first juror, from Midtown East, is reading her answers to the questionnaire.

Trump appears to have either the questionnaire or the copy of juror names in front of him, and he follows along and scrutinizes the paper closely. The juror is nearly finished with the 42 questions.

Most of the questions require only a yes or no, and as this first prospective juror reads the question number and offers a monosyllabic response, she sounds bored.

Seat 2 also lives in Midtown, he's a marketing creative director for 30 years. The first juror was in venture capital. So far, a very Manhattan pair.

Onto seat 3, B220, a woman has lived in Harlem for three years, but is orginally from Texas. She works at a clothing company, but notes that her previous employer was a "performance job," with a chuckle.

She says she sings, watches TV, goes shopping, and, with a flourish, likes to "go to the club," getting a good laugh from the press. No reaction from Trump. Another reaction when she says she reads Al Jazeera, which everyone is likely interpreting as a no-go for the defense

To clarify, the reaction to her saying Al Jazeera came from the press in the overflow room, not Trump.

No surprises there: Blanche approaches the bench to object to her inclusion in the jury.

Apparently she said yes to Q34, that she had strong opinions or firmly held beliefs about Trump, and she has been excused.

Seat 3 has been refilled by a woman from PA who lives on the Upper West Side and works in marketing and comms for a New York City govt agency.

So far no jurors have admitted to listening to podcasts. Surely surprising for a jury of Manhattanites.

One pool reporter said a prospective juror was heard in the hallway leaving the courtroom saying, "I just couldn't do it."

Current juror reading questions just replied yes to Q37: "Do you have any opinions about the legal limits governing political contributions?"

At 3:41 p.m. Merchan calls for a short recess.

It's 3:58 p.m. Trump has returned to his seat, and Merchan is back at the bench.

We're supposed to go until 4:30 p.m. today. I can't speak for everyone of course, but I'm sure a timely conclusion to Day 1 will be most welcome.

Merchan says that he'd like to start tomorrow at 9:30 a.m., with hopes of concluding the first panel in time for the second panel, due in tomorrow around 10:30 or 11:00 a.m.

"Welcome back jurors," Merchan says, continuing with Seat 4.

Before answering the questionnaire, the prospective juror wants to be excused because his child is getting married in Seattle. Merchan excuses him, "Congratulations, and good luck," he says good-naturedly.

At least he'll have a hell of an anecdote to sneak into his father of the groom speech.

The next juror, who has an Irish accent, lives in West Harlem and works as a waiter. He had some college, he says, an likes to do anything outdoorsy.

Apparently he watches both Fox News and MSNBC.

Trump has been following along, reading the quesionnaire in his right hand, but he tosses it on the table with a sigh around Question 37.

Onto Seat 5, B193. A Sutton Place resident of 3 years. The mic has cut out though, and we can't hear the juror's answers. Though from Merchan's questions, this person is a lawyer.

Mic is back on. And we have our first podcast listener! NPR's Up First.

He answers yes to Q17— have you or someone you know ever had any education, training, or work experience in the legal field—noting that it's himself.

B133 in Seat 6 is next. An Upper West Side resident of 23 years, a bookseller for 6 years. He's married with two children, and his wife is a lawyer—answering "general practice, antitrust" when Merchan asks what kind.

Our second podcast listener of the day, he listens to "whatever's on when my alarm goes off, when I'm in the shower, and when I'm in the car" — clarifying that it's NPR.

In response to one question, he says: "I feel that nobody is above the law, whether it's a sitting president, a former president, or a janitor."

Next up is another attorney from the Upper East Side, a current prosecutor at the Bronx County District Attorney's Office. Merchan cuts in: "you do this for a living, can you assure us that you'll be fair and impartial?" He replies yes.

Answering Q16, he says, "My girlfriend is in finance for a bank, but I honestly don't know what she does," getting a big laugh from the press. I hear someone behind me say, "Relatable."

Now Seat 8, B285, an Upper East Side resident of 3 years, originally from suburbs of Chicago. She works in social media marketing. In her spare time, she watches sports and reality TV. She gets her news from social media platforms and the WSJ.

In response to Q16, she says her dad, brothers, and boyfriend all work in finance.

The trial is taking place in Manhattan, after all.

She's now the second prospective juror to have once signed up for a Trump-related listserve or email newsletter of some kind, but since unsubscribed.

Seat 9, B280, is occupied by a Native New Yorker and Upper East Side resident. She's an oncology nurse and lives with her fiancé, who, you guessed it, works in finance.

The judge stops it there. It's 4:28 p.m. — Merchan was serious about ending on time, and it seems he'll be just as serious about restarting tomorrow morning at 9:30 a.m. sharp.

As Merchan instructs jurors not to seek out any information or communicate with anyone about the case, that's a wrap on Day 1, folks.

Thanks for following along, and please join me again tomorrow for Day 2.

Now, it's time to get some air.

I spoke too soon: Blanche says that the campaign has taken pains to schedule events on Wednesdays and asks Merchan if Trump be excused from any hearings that take place on Wednesdays, when the jury is in recess. Merchan says he will take this into consideration.

Blanche now raises a request that Trump attend SCOTUS argument in his immunity case. Steinglass says: "I think we've accommodated the defense's scheduling requests enough already." Merchan responds that SCOTUS argument is a big deal.

Blanche continues, but Merchan fires at him: "You don't think we should be here at all right now?" Then says "let's move along from that objection. I've already ruled on that." Finally, at 4:39, all rise as Merchan leaves the bench.
Ok, now I definitely need some air. Til tmrw!