Adam Klasfeld Profile picture
Apr 15, 2024 68 tweets 9 min read Read on X
Good morning from New York.

Jury selection is gearing up for Trump’s first criminal trial.

Lower Manhattan is a phalanx of metal barricades, and the largest press lines I have seen are outside the courthouse.

Follow here for the blow-by-blow throughout the proceedings.
There are all of two protesters in the park outside the courthouse, both carrying signs against Trump.

One sign says, “Convict Trump already,” on one side, and the other sign is a mock-TRUMP sign with the name replaced with “LOSER.”

No pro-Trump signs visible here, yet.
The press queues outside the courthouse for arraignment were quite long:

These seem larger, including among the two lines to get inside and the wall of cameras pointed at the facade of the building.
For those asking: Yes, I will be covering every day of the trial.
8:42 a.m. ET: "Motorcade is on the move," per pool
8:59: "motorcade is driving up," per @Ximena_Bustillo
During voir dire, the main courtroom will be filled with jurors, and so most of the press will be covering the proceedings from the overflow room, save for six pool reporters.

Jury selection is streamed to press via CCTV, on cameras fixed from four angles.
"Video and Audio Recording is Prohibited," the screen warns.

N.Y. state law doesn't allow live-streaming of court proceedings, and so reporters and sketch artists will be the link to the public to describe and show how the proceedings looked and sounded.
Just in—

Trump just sat down at the defense table, hands folded together.
For the People at the DA's table:

Susan Hoffinger, Christopher Conroy, and Joshua Steinglass.

For Trump at the defense table:

Todd Blanche, Emil Bove, Susan Necheles.
ICYMI

Catch up on the mechanics of Trump's 34 counts of falsifying business records.

How did a $130,000 payoff gross up to $420,000 in reimbursements, forming a paper trial sparking dozens of felonies?

My breakdown from last month, @Just_Security
Trump constantly claims at rallies, press conferences and social media that he's being selectively prosecuted — but his lawyers will be barred from arguing that at trial.

They've told the judge, in writing, that they won't.

Here's more on why: justsecurity.org/94560/trump-tr…
A pool reporter on Trump's walk to the defense table, outside of the CCTV camera's view:

"Trump was hunch-shouldered, but chin up, his expression stern, on his 10-second walk up the aisle of the largely empty courtroom," @Italiano_Laura

His usual courtroom expression
"All rise."

"This is the People of the State of New York vs. Donald J. Trump."
Justice Merchan announces that jury selection is ahead:

"There are a couple of loose ends that we have to go over before we can start."

He starts with the pending motion for recusal.
No ruling yet, but it's not looking good for Trump.

Trump's attorneys claimed Merchan inappropriately told The AP: "There’s no agenda here."

But Trump's counsel “does not reasonably or logically” explain why the judge's expression of impartiality would violate his rights.
The judge rehashes Trump's other arguments, including claims about his daughter.

"To say that these claims are attenuated is an understatement," Merchan adds.
Trump's renewed recusal motion is based on a "series of inferences, innuendos, and unsupported speculation," the judge says.
The judge clarified the court's schedule over the Passover holiday, explaining that he would inform jurors that the court would accommodate any religious observances.

More on that later.
One of the prosecutors expressed concern about the judge's use of the word "anti-Trump" on the jury questionnaire, describing the word as vague.

These are some of the questions. Image
The judge stands by the questions that he worked out on both sides.
Over the defense's objections:

The judge ALLOWS prosecutors to show jurors evidence about Trump's arrangement with AMI's David Pecker that he would publish flattering stories about Trump and negative stories about his opponents before the 2016 election.
Todd Blanche argues there isn't "probative value" to showing the jurors Karen McDougal's story.

"It's a side trial," Blanche says, adding it's one they can't do anything about.

Trump isn't charged in connection with that "catch-and-kill" scheme.
Prosecutors note that the judge already allowed that in during a pre-trial ruling.

Justice Merchan says that ruling stands — but for now, on a separate matter, he won't let prosecutors mention that Melania was pregnant at the time of the alleged affair with Daniels.
Before trial, Justice Merchan allowed prosecutors to mention the "Access Hollywood" tape to jurors — but not play it.

He DENIES the DA's bid for him to reconsider that ruling.

"I remain convinced at this moment, based on the evidence, that the tape itself should not come in."
The judge also DENIES a bid to enter Trump's deposition from the E. Jean Carroll case into evidence.

Trump defended his remarks about the "Access Hollywood" tape in that deposition.
These are all evidentiary issues that the court is hashing out before jury selection.
Assistant DA Steinglass notes that after the expansion of the gag order, Trump wrote a Truth Social post calling Michael Cohen and Stormy Daniels as "two sleeze bags."

Trump posted it on Wednesday, he notes.

(Corrected tweet)
15 minute recess.
We're back, with the judge gearing up for a ruling on a pending matter.
Justice Merchan calls the admissibility of the "sleaze bag" tweet about Michael Cohen "academic."

"I imagine that there’s going to be an effort to discredit Michael Cohen," the judge deadpans, "and the moment that is done, the door is opened."
His ruling:

Prosecutors cannot share Trump's Truth Social post about Michael Cohen on direct, but it will inevitably be admissible on redirect.
Next request by ADA Steinglass:

Prosecutors want the judge to admit evidence about Michael Cohen's guilty plea for campaign finance violations under FECA.

That's one of the statutes that would elevate Trump's falsifying business records counts to felonies.
Justice Merchan notes that Trump's lawyers want to discredit Cohen with his guilty pleas to other charges — but not the campaign finance violations.

The judge appears skeptical of that attempt.
The legal issue:

The jury cannot consider Cohen's guilty plea in that case as evidence of Trump's guilt in this one, but prosecutors say that's not the purpose here.

ADA Steinglass says Cohen's plea is "probative" of his "credibility," having pleaded guilty to this offense.
The judge agrees that Cohen's plea isn't probative of Trump's guilt, but they can refer to it if they lay the proper foundation.
The judge asks the attorneys on both sides to draft a limiting instruction to jurors, informing them that they cannot infer Trump's guilt based on Michael Cohen's guilty plea.
Trump's lawyers complain about the judge's order that they get permission before filing any more pre-trial motions.

Justice Merchan explains why he did that.

"We were being absolutely inundated with motions, many of which, frankly, were close to frivolous if not frivolous."
After reminding the attorneys, "We have about 500 jurors waiting," the judge pivots to voir dire.
Lead defense attorney Todd Blanche:

"President Trump wants to be present at everything."
Blanche clarifies that this includes sidebar conferences during voir dire and trial.

Justice Merchan notes that could present logistical issues involving Secret Service.
Justice Merchan recites Parker warnings, describing the ways in which Trump could forfeit his right to be present:

* if he's disruptive
* if he fails to attend trial
The DA's office asks the judge for an order to show cause for contempt of the gag order, forcing Trump to "take down the offending" posts and to remind him that "further violations of the order could result in jail time."

He also seeks a $3,000 fine: $1,000 each, for 3 posts.
(Corrected a significant typo in the prior tweet and clarified the phrasing.)
Lunch recess.

We're back at 1:30 p.m. ET.
We're back for the afternoon session.
Trump's lawyer Todd Blanche asks about obtaining jury identities.

Justice Merchan says he will hand the parties two lists: one with the jurors' numbers, another with the jurors' names.

The latter list isn't to be photographed or shared, he orders.
The list with the names will be returned to the court.

The press and public will not have access to that list, per the terms of the judge's earlier order. nycourts.gov/LegacyPDFS/pre…
The current pause in the proceedings is the transition to jury selection, and the potential jurors started going through security around 2:05 p.m., per pool reporter @ximena_bustillo
Justice Merchan hands the two lists — one with juror numbers, and another with juror names — to attorneys for the parties.

They bring it with them to their respective tables, and the CCTV feeds are disabled in the overflow room.
The CCTV comes back on, as the potential jurors are sworn in and the selection process kicks off.
Colorful pool dispatch via @FrankRunyeon:

"Jurors are being seated next to Trump aides Jason Miller and Margo Martin," he notes, describing their "nonstop" cell phone use.

During E. Jean Carroll's trial, a Trump spox was booted from court after his phone went off. Image
Justice Merchan tells jurors that trial is expected to last roughly six weeks, though he emphasizes that's just an estimate.

Though the jurors are out of view of most of the press, pool reporter @MikeSisak says: "It's a diverse cross-section of Manhattanites."
Before proceedings began, Justice Merchan said he would immediately excuse jurors who said they couldn't be fair.

Candidates self-identifying in this way are being excused right now.
Wow.

"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"

— per @GrahamKates in the press pool
@GrahamKates The CCTV feed remains disabled, meaning the handful of pool reporters are the only ones to observe the scale of the dismissals.
@GrahamKates Per pool:

"At least nine more prospective jurors were excused after raising their hand when Judge Merchan asked if they could not serve for any other reason. Those reasons were not disclosed. That leaves ~34 jurors of the 96 who entered court in the initial panel."
We're now going one by one through the remainder, as a juror recites yes-and-no answers to the questionnaire.
The NYT's @MaggieNYT provides this bit of courtroom color from voir dire, as a juror answers "yes" and "no" to questions by number:

"Trump is reading along with her as she answers, with his own copy."

He also does so with the subsequent potential juror.
A potential juror, a Harlem resident who now works for a luxury department store, snickers as she says her previous employer was "a performance job."

She answers "yes" to the below question.

The lawyers take a brief sidebar to question her further, before she is excused. 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 abfity to be a fairr and impartial juror?
Per pool:

"A prospective juror leaving the courtroom was heard in the hallway saying, 'I just couldn't do it.'"
The current potential juror says she follows Trump on social media, but otherwise doesn't attend his rallies, sign up for his mailings, or have family on his campaign.

She answers yes to the question about whether she has opinions on the legal limits of campaign contributions.
Afternoon recess.
We're back.

Justice Merchan confirms that he intends to break at 4:30 p.m. ET, as scheduled, no matter where they are in voir dire.
We are adjourned for the day.

Jury selection will continue at 9:30 a.m. ET, "sharp."

I'll talk more about today's proceedings tonight on @MSNBC's @TheLastWord with @Lawrence.

Tune in throughout the trial!
Catch up with written dispatches @Just_Security, and bookmark this space. justsecurity.org/daily-courtroo…
After the jury leaves the courtroom, Trump's attorney Todd Blanche asks whether the former president can be excused whenever the jury has a day off in order to attend campaign events.
Justice Merchan says proceedings are already "way behind schedule," and unless things speed up, they may have to sit on Wednesdays, when trial is currently dark.

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More from @KlasfeldReports

May 21
This isn’t a legal document.

It’s a PR document that in parts contradicts how the legal document reveals how the fund will actually operate.

Some examples 🧵⬇️
PR Document: "There is no partisan restriction."

Here's how the plainly partisan way in which the legal document defines the "representative" conduct. Image
PR Document: Trump, his family and the Trump Organization won't receive any monetary compensation or damages from it.

Half-true, but there's a big asterisk: "Claimants can include entities," which is why sources told ABC News that Trump's entities could apply. Image
Read 13 tweets
May 20
The “confidential investigation documents” that Patel evasively alludes to is Volume II of the Jack Smith report, per the indictment.

It’s the only special counsel final report in US history that’s not been publicly released, as a result of Judge Cannon’s order at Trump’s urging.Image
Lineberger's case was filed in the Southern District of Florida's Fort Pierce division, virtually guaranteeing a favorable judicial assignment for Trump DOJ.

Instead of Cannon, the case goes to newly minted Judge Ed Artau, who has this tangled history. politico.com/news/2025/06/2…
Read 5 tweets
May 6
Trump DOJ opposes the release of SPLC grand jury transcripts, but what the memo *doesn't* say speaks volumes. Feds don't dispute the SPLC's account of the Trump admin's "gross misrepresentations" about the informant program.

Instead, the US Attorney says that's "not relevant."

Why that matters.🧵Moreover, the public comments in question—whether the SPLC ever shared information obtained by its field sources with law enforcement—are simply not relevant to the charges in the indictment. This case is about fraudulently obtaining money from donors, lying to banks, and concealing payments to the same organizations the SPLC publicly told donors they were fighting against. (Doc. 1 at 3–6). What, if anything, the SPLC did with the information it obtained through field sources is not relevant to the charges.
The SPLC's motion seeking the grand jury records rattled off a series of "false statements" by Trump and his surrogates about Charlottesville and the informants program.

The group said info gathered there thwarted a terrorist attack and led to arrests. allrisenews.com/p/splc-tipped-…
Debunking Trump's revisionist history of Charlottesville, SPLC said it handed the FBI a 45-page “Event Alert” with informant-gathered information.

The dossier tipped off agents about the names, photos, criminal histories and "weapons of choice of the people there."
Read 6 tweets
Apr 23
By the DOJ's own account, the SPLC's informant program was cheap and effective.

For a fraction of a *percentage* of their annual budget, SPLC penetrated the nation's worst hate groups and published their secrets with info from their turncoats.

The DOJ's case assumes donors felt defrauded by this. buff.ly/cwTnYg6
The Trump DOJ alleges that the SPLC spent about $3 million on informants over the course of a *decade.*

Check out of the SPLC's revenue and expenditures from 2024, the last fiscal year records were public. That's a typical year, and it's a drop in the bucket. projects.propublica.org/nonprofits/org…Image
In return, SPLC infiltrated the KKK, the neo-Nazis, and other extremist groups, and they shared their secrets with federal law enforcement until Kash Patel put an end to that last October.
Read 4 tweets
Apr 14
Two Trump appointees on the D.C. Circuit panel blocked Boasberg from even INVESTIGATING contempt of court related to the March 2025 flights to El Salvador.

The dissent: "Without the contempt power, the rule of law is an illusion, a theory that stands upon shifting sands."

Opinions buff.ly/4kr3ALC"Contempt of court is a public offense, and the fate of our democratic republic will depend on whether we treat it as such. In the many forms in which it can be committed, contempt degrades the power that the People, through their Constitution and Congress, gave the federal courts. Without the contempt power, the rule of law is an illusion, a theory that stands upon shifting sands. For contempt offends not only the authority of whichever judge has been subjected to such incursions, but it also offends our system of governance. Addressing contempt is, therefore, a responsibility that is...
This is the second time Judges Rao and Walker granted a writ of mandamus, an "extraordinary" rebuke of a lower court judge.

But Walker went out of the way to praise Boasberg, saying he was in a tough spot even as Walker overruled him. The district court needed to make a quick decision. The facts on the ground were changing, jurisdiction was unclear, and the merits depended on the meaning of a statute from the 1700s that hadn’t been invoked in the past 75 years.6 I do not envy the position of any judge facing such time pressure to make hard and high-stakes legal decisions. Fortunately, the trial judge assigned to this case had more than two decades of judicial experience, with a widely respected record of dispassionate decisionmaking.
The nuance here will be important to note in light of the Trump DOJ's campaign to vilify Boasberg, whose D.C. Circuit peers largely stood up for him even when his rulings didn't hold.
Read 4 tweets
Mar 10
A hearing over Anthropic's lawsuit against the Pentagon is underway: The AI giant's lawyer Michael Mongan asks for a hearing as early as Friday.

“There really are irreparable injuries that are concrete and are mounting every day.”

Judge Lin appears skeptical about moving too quickly.
Trump's government has been "affirmatively reaching out to [Anthropic's] customers" and urging them not to work with the company, per Mongan.
DOJ Attorney James Harlow pushes for a March 18
Read 4 tweets

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