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Apr 16 99 tweets 18 min read Read on X
OK - now People of the State of NY v Trump, Day 2 of jury selection. Trump at defense table. Inner City Press is covering this trial after book on Carroll v Trump and will live tweet, thread belowmatthewrussellleeicp.substack.com/p/literary-cou…
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Trump currently sitting alone at defense table, empty seats of Todd Blanche and Emil Bove on either side of him. Susan Necheles one seat away, writing on legal pad
Now Blanche in lead defense counsel's chair, speaking animated with Trump, both raising a hand to gesticulate. Justice Merchan's chair still empty as of 9:40 am.
All rise!
Clerk: This is the People of the State of New York versus Donald Trump
Justice Merchan: We've been waiting on some jurors. There are three jurors we are still waiting on. Two of them were in the box. Seat 2 and Seat 8 we're waiting on. Seat 10 feels sick
Justice Merchan: She says it's not COVID but she's outside, in a mask. Any objection to excusing her? None. She is excused. Now on Seats 2 and 8, should we refill the seats?
Trump's lawyer Blanche: They should be excused.
Justice Merchan: Let's wait a minute or 2
Justice Merchan: Let's bring them in. I'm told two out of the three are here. Let's find out if it is Seats 2 and 8, or one of the prospective jurors sitting in the audience... Oh, apparently we don't have the two jurors. They are lining up and will be brought in
Trump's lawyer Blanche: So we are moving on without them?
Justice Merchan: Yes. If they come in late I don't intend to excuse them. I'll have them in the audience and use them if needed... Jurors, welcome back. Sorry for delay. I'd like to remind you to be on time
Clerk: We are re-filling the two seats.
Justice Merchan: We'll start with Seat 8
Seat 8: NoMad, I've lived there four years. I'm from Dallas; I'm an accountant. I was with an oil and gas company. Not married, no children, live alone. I play golf. NYT, TikTok, Fox
Justice Merchan: Now Seat 8 has arrived. So we'll move you to Seat 10, and the juror in Seat 10, I'm sorry, back to the audience.
Seat 8-now-10: I am B354.
Justice Merchan: Juror 285 remains Seat 8.
Seat 10: Sports podcasts if I'm bored.
Seat 10: I have a fraternity brother who is an elected official, a Republican. There may be some unconscious bias - growing up in Texas, and having my friends be from Texas, I have some unconscious bias. Growing up Republican
Justice Merchan: Please approach
[Note: Trump is *not* up at the sidebar, rather sits alone at defense table]
Justice Merchan: We appreciate your candor. We will have to excuse you at this time. Please fill Seat 10.
Clerk: Refilling Seat 10 with B158
New Seat 10: I live on RIverside Drive uptown
New Seat 10: I review Social Security cases. 34? No. 42? No.
Justice Merchant: Thank you.
Seat 11: I don't think I can be impartial.
Judge Merchant: We're going to excuse you. Let's refill Seat 11, please.
Clerk: Re-filling seat 11, B311.
New Seat 11: I have a wedding Friday June 6
Justice Merchan: Could you be back Monday?
New Seat 11: Upper East Side, I work for KPMG. Not married, I live with my fiancee who works in a non profit. I go to the park, run. CNN, MSNBC, Google, NY Post. Sports podcasts
New Seat 11: Being on this jury would put stress on my personal life. I'd probably be leaving here and then working.
Justice Merchan: Could you concentrate?
New Seat 11: Might be difficult.
Justice Merchan: We'll excuse you.
Clerk: Refilling Seat 11, B402
Justice Merchan: Seat 1, do you have something to say?... What day would have you to miss?... Please approach
[Again, Trump alone at defense table]
Justice Merchan: We're going to excuse you. Let's re-fill Seat 1 when we get to it.
New new Seat 11: Upper West Side
New new Seat 11 (woman) Finished high school, some college. Adult children, 1 is a postal worker. Daily News, TikTok, no podcasts. I have something on April 30 at 9:30, across the street
Justice Merchan: I think we could work around that
Seat 11: 34? No. 42? No.
Seat 12: I do not think I could be fair.
Justice Merchan: You are excused. Re-fill the seat.
New Seat 12 (man) Chelsea, I grew up in Oregon. I'm an attorney, corporate law... it has about 200 lawyers. I like to hike and run. NYT, WSJ, Google. 34? No. 42? No.
Seat 13 (woman) East Village, I work in cyber security. Google & Wired. I listen to NerdWallet and a couple of climate podcasts. My father works for the Department of Defense. My stepmother is an account. I dated a lawyer for a while, it was fine [smiles in court]
Seat 13: 29H? Yes, previously.
["H. Do you currently follow any anti-Trump group or organization on any social media site, or have you done so in the past?"]
Seat 13: I worry I couldn't get my work done after 4:30
Justice Merchan: You are excused. Refill Seat 13
New Seat 13 (man) Hell's Kitchen. I was born in Mexico and became a citizen in 2017. Not married, no children. I live only with my dog. NYT, MSNBC, TikTok, X. I listen to LGTB podcasts. 34? No. 42? No.
Justice Merchan: Thank you.
Seat 14 (man) Lower East Side. I am from Puerto Rico. I do IT consulting, self-employed. I am married, long time. My wife is a writing. I have no spare time. Hobby is my family. I have one child, grandchildren. Daily News, NYT, Google... 34 is no... 41, I guess no
Seat 15 (man) I live in Battery Park City. I worked for Diligent. Been married twice, had a daughter with my first wife, she is deceased. I spent time in our second home in the country. I have collectibles. On the board of my synagogue, ACLU. NYT, HuffPo, CNN
Seat 15: I was mugged, my daughter was the victim of a violent sexual assault. I had an uncle who was a cop in Pennsylvania. My mother worked in local government in North Carolina. I am proud to say I have some friends who are lawyers. A friend's son is an ADA.
Seat 15: From my daughter's sexual assault, it was primarily a traumatic experience but I also came out with a generally positive view of the legal system. Republican, some relatives are lobbyists. I followed President Trump on X, when he was president
Seat 15: It'd be tough not to tell my wife what trial I am on.
Justice Merchan: You would have to, otherwise a person not on the jury could have influence
Seat 15: 34, no... 42, no.
Seat 16 (woman) I am retired since 2019. I worked for the MTA. Then I trained dogs
Seat 16: I do not read these every day. I have a Facebook account. WSJ when my next door neighbor gives it to me. Fox, sometimes, NY1. This American Life, Jennifer Rubin, Hardcore History - in the car, Brien Lehrer. Nobody in accounting or finance.
Seat 16: My grand daughter asked me to go to a pro-choice rally, I don't know if was about President Trump. On the social media, there are things I didn't ask to be one there, one I think is called Occupy Democrats. 34? No. 42? No.
Seat 17 (woman) Harlem. Teacher
Seat 17: I sometimes listen to The Breakfast Club. My god father was a homicide detective, but he's retired. 34? Not going to pretend, being in my generation, I blame it on one individual, so I could not be impartial. 39? Things pop up. 42? [pause] No.
Seat 18 (woman) I have to go to a wedding in September, would that be a problem?
Justice Merchan: If we're still going, that would be a big problem. [Smile in court]
Seat 18: I go to restaurants and play, snow board. NYT, Facebook, TikTok. 34? No - I will be fair
Justice Merchan: We need to refile Seat 1, please.
Clerk: Refilling Seat 1, B250.
New Seat 1 (woman) My husband and I have a heath care consulting company. I worked in advertising. My father was in the Wage Price Administration before I met him.
Justice Merchan: We need to refile Seat 1, please. Clerk: Refilling Seat 1, B250. New Seat 1 (woman) My husband and I have a heath care consulting company. I worked in advertising. My father was in the Wage Price Administration before I met him.
Seat 1: 32? I think he is being treated fairly.
["32. Do you have any feelings of opinions about how Mr. Trump is being treated in this case?"]
Seat 1: I am not sure I could be impartial.
Justice Merchan: You are excused.
Clerk: Refilling Seat 1!
New new Seat 1: I work for the NYC Board of Education... A relative was hit by a stray bullet. The catalytic converter on my car was stolen. 29C? I get emails from The Daily Caller, I think it is. I don't generally read the emails. 34? No. 42? No.
Justice Merchan: Now the lawyers will be asking you questions.
Prosecutor Joshua Steinglass: Does anyone feel they question they can follow the law because of who the defendant is? B133, how do you feel?
B133: You listen to the facts of the case
Steinglass: B330?
B330 (woman) I'm a public servant, I see this as an extension of that.
Steinglass: You said you have some views about campaign finance limits. What are they?
B330: It's unfortunate candidates have to raise so much money
Steinglass: This case is really not about whether you like Donald Trump. It's about the rule of law, did he commit this crime and have we proven it. You will have access to the evidence, which the media hasn't had, at least not yet. Can you be fair? B128?
B128: I was away at a lake without wifi. When I got back, this. I have not followed this case.
Steinglass: That's fine. Easier if you've heard nothing or little about the case... Anyone else? B285?
B285 (woman) No concerns.
Steinglass: You're going to find that some of the witnesses in this case have some bad issues. A tabloid publisher, an adult entertainer, and a former lawyer for Mr. Trump, Michael Cohen. Some have publicly denied what they'll testify to. You'll learn why...
Steinglass: You'll make determinations about Mr. Trump's intention with regard to these business record entries. What was he saying around the time of the false entries? What was the climate? Can you do that? Could you return a guilty verdict?
[No one says no]
Justice Merchan: Jurors, we are going to take a short break.
[Prospective jurors leave]
Justice Mercan: Mr. Trump, are you waiving your right to be present at sidebars, have you signed that?
[He has]
Next up: Team Trump's questioning of these prospects
[They've back]
Blanche: I represent President Trump, you see him right there. It is important to him & us to find jurors who can be fair. Every one of you know of President Trump. There are no wrong answers. We want to hear your opinion. B280, what's your opinion?
B280: I'm here for my civil duty.
Blanche: Juror 285, think about your social media. What do you post? What do you see? Most of you read the New York Times.
285: I'm a female, so some of my friends have strong opinions about him. I'm concerned with sports.
Blanche: You're a prosecutor in another borough. Would you have assumptions?
Juror: It's about whether they can prove the case.
Blanche: What's your view of President Trump?
A: I don't really follow politics. I have law enforcement friends who are pro Trump.
Blanche: Next juror, what is your view of President Trump?
A: It make no difference to this case.
Blanche: But what is you view?
A: If we were in a bar I might tell you. But not here.
Blanche: Give us a little bit.
A: I'm a Democrat. There you go.
Blanche: Next. You're an attorney. What are your views of President Trump?
A: I was a fan of The Apprentice when I was in middle school at the time.
Blanche: Next, you say you use Facebook. What's your view of President Trump?
A: I disagree with several policies
A: My family and friends post things pro or against policies. I try to stay in the middle, do what I need to do every day.
Blanche: I don't care about your politics. I'm asking about the individual. B38?
B38: I can separate the two. I'm here to judge the facts
Blanche: B158, what's your view, you read the same news as the others.
B158: I have stronger opinions of local stuff than national stuff.
Blanche: 292, what's your view?
292: Feelings are not facts. I disagree with some of his policies.
Blanche: You became a citizen, does it impact your view?
292: I became a citizen in 2017, his first year. I am grateful
Blanche: Next, what's your view?
A: I find him fascinating. He just sets people off.
Blanche: Uh, alright... Next?
A: There's little we agree on
Blanche: You're going to hear evidence of stuff a long time ago. 2015. It might stir up memories. You'll see old tweets. We want to start fresh, at zero. Can you?
A: Whatever came of tweets, somebody's behind it, filtering it. I'm skeptical. I was on X only 2 days
Blanche: I know it's difficult to talk openly, President Trump is right here, but-
Juror: I'm a person of color. Not to cut you off. This is the case, that's it.
Blanche: B297?
B297: We have different views, that's fine. It's a person on trial
Blanche: Most of you read the NYT. Who is not aware that President Trump is charged in other cases? Only one. The rest of you, how does it impact you?
A: I know there are other cases in other states, about other things. This is the case, on its own merits.
Blanche: 381, what's your view?
381: I'm not super familiar with the other charges.
Blanche: Pass the mic to your left, 402
402: I've heard about the other case, but I just feel like, until you prove them guilty, how an I say? He speaks his mind, he stirs the pot
402: I want to say some things too, but my mother said, Be nice.
Blanche: You're going to hear about Michael Cohen, Kellyanne Conway, Hope Hicks. Would that impact you? Everybody's shaking their heads. What if there's no defense case - can you accept the burden?
Justice Merchan: Now the law provides for the lawyers to make some decisions. I'll ask you to step out. It will take some time.
[Prospective jurors leave]
[Without jury]
Justice Merchan: Are you ready?
Blanche: Not yet
Justice Merchan: So, until 2:15 pm. But you should be ready then. Bring them in
[They enter & are excused]
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They're back.
Justice Merchan: OK, counsel is present, Mr. Trump is present. Are you ready?
Trump's lawyer Blanche: There are a number of the jurors that we have social media posts for very much contrary to what they said. We don't want to confront them openly
Justice Merchan: They were not told it is an anonymous jury.
Trump's lawyer Blanche: Juror number 1 has a series of extraordinarily hostile Facebook posts-
Justice Merchan: Can I see them?... Was I handed the right thing? The sheet has two screen grabs
Justice Merchan: This only shows people and "spread the honking cheer."
Trump's lawyer Blanche: That was election day - it was a celebration of the results of the election.
Prosecutor: There's no reference to the defendant.
Justice Merchan: Show me the bias
Trump's lawyer Blanche: When the juror was asked for her opinion of President Trump, she said nothing. But when he lost the election, they celebrated on Facebook - they got in the car and spread the honking cheer
Justice Merchan: Can you play it for me? Here
Justice Merchan: How do we know this is the juror's account? Just based on name?
Trump's lawyer Susan Necheles: This was an anti-Trump rally.
Justice Merchan: It might be. I'm going to ask her to come in, and allow you to ask her questions. Seat 1, B133.
Justice Merchan: Before she comes in, I don't want this to be a cross-examination.
[Juror enters]
Justice Merchan: Thanks for coming back in. Counsel has questions.
Trump's lawyer Blanche: We have a question about the 2020 election - the video around 96 St...
Seat 1: I remember that, the cars honking, it reminded me of the 7 pm during the pandemic, out on the fire escape.
Trump's lawyer Blanche: You suggested a full on celebration in NY, with a heart, you wrote Spread the honking cheering. Do you remember?
Seat 1: Yes - but I believe that a juror's job is to understand the facts of the case. Some walked out yesterday. I believe I can be fair.
Justice Merchan: I appreciate you coming back in.
[Juror leaves]
Justice Merchan: Mr. Blanche, your client was saying something, when the juror was only 12 feet away. I will not have anyone intimidated in this courtroom - tell you client.
Trump's lawyer Blanche: She didn't just post the video, she commented on it. She must be dismissed.
Prosecutor: Notwithstanding the propriety of trolling the Internet, this juror did not express bias.
Justice Merchan: We're not going to go back and forth.
Justice Merchan: I found her explanations credible. There is nothing offensive. I wasn't sure you'd given me the right thing. I observed her and found her credible.
[Trump is whispering with his other lawyer Emil Bove]
Justice Merchan: The challenge is denied.
Trump's lawyer Blanche: Seat 2, he tweets, Lock him up, Get him out. We can't have a juror like that.
Prosecutor: Let's bring him in. But how was this research conducted. The profile photo has two people in it.
Justice Merchan: OK, further inquiry
Justice Merchan: Your question was, what is your opinion of Donald Trump. It's too broad.
Trump's lawyer Blanche: It's open ended on purpose.
Justice Merchan: Let's bring in B38.... Was this Facebook?
Blanche: Yes.
Justice Merchan: Thanks. There is another question.
Trump's lawyer Blanche: I want to show you this.
B38: That's my account.
Blanche: Do you remember putting this up?
B38: It's on my account.
Justice Merchan: Thank you.
[Juror leaves]
Justice Merchan: Celebrating the end of the travel ban was one thing. But expressing a desire that Donald Trump be locked up? This case counsel result in jail time, that is, lock up. So I will excuse this juror for cause. Next?
Trump's lawyer Blanche: 330's husband's account, it has a meme of President Trump's head being held.
Justice Merchan: There's an image of Barrack Obama, then your client, and it says, "I don't think this is what they meant by Orange is the new Black."
Trump's lawyer Blanche: We'd like to ask the juror if her family -
Justice Merchan: We're not going to go this. You should have asked, if you have the goods.
Prosecutor: It's humor. It's not a window into their soul
Justice Merchan: I'm not going to allow inquire into the husband's post from eight years ago, humor - though not very good humor -- who's next?
Trump's lawyer Blanche: Juror 6. There is a video, Trump, "I'm dumb as f*ck" - and he posted about the 96 jurors and answered, if he was a juror, he said, Can't say, and I have to return tomorrow
Prosecutor: We think he complied with your Honor's order
Justice Merchan: Let's bring in B113.
Trump's lawyer Blanche: I'm going to show you
B113: That's my account. I sell buttons to support a PAC that supports bring out the vote.
Blanche: What are the names?
B113: Movement for Voters.
Trump's lawyer Blanche: Did you watch this video before you reposted it?
B113: No.
Justice Merchan: Thank you.
[Juror leaves]
Justice Merchan: I can't credit the juror's responses. Challenge to cause accepted as to Number 6.
Prosecutor: We move to strike prospective jurors
Trump's lawyer Blanche: We strike 5, 10 (158)
Justice Merchan: Seat 4, B400, becomes 1 and our foreperson; 9 becomes 2, and 12 becomes 3...
Justice Merchan: I have been handed photos- it says, Trump invites Thai boys to the White House, Thai boys request to return to cage.
Trump's lawyer Blanche: She said she didn't remember if she had posts on Facebook...
Justice Merchan: Bring in Juror B128.
Trump's lawyer Blanche: We want to confirm this is your Facebook
B128: Could be my Instagram. I'd like to say I remember posting it, but I do not. I've stopped posting about politics. It got too vitriolic.
Trump's lawyer Blanche: Do these refresh your recollection?
B128: No. But I probably did.
Justice Merchan: Thank you.
Prosecutor: Unlike the juror who said he wanted to see Mr. Trump locked up, this juror didn't express anything negative, other than disagreement
Justice Merchan: I won't strike this juror for cause. Any more?
Prosecutor: We strike B 146.
Blanche: We strike B 292 and B 198
Justice Merchan: B74 become Juror 5, 297 becomes 6. I'd like to swear some in... I'm going to ask them to come back on Monday.
Justice Merchan: You will be called - these will be your permanent seats for the trial.
Clerk: Juror 1 is B 400... Juror 2 is B 280.. Juror 3 is 381... Juror 4 is B89... Juror 5 ... 374 and Juror 6 is B 297.
Justice Merchan: If you were not called, you may leave
Justice Merchan: I ask you to come back Monday at 9:30 for opening statements... well, my instructions then opening arguments. We will be choosing six more jurors, and some alternates, probably six
Justice Merchan: Those of you remaining, we are not done with you. First we will swear in the group for Thursday morning, so they can go. We may work past 4:30 pm, any hardship? No hands? Counsel, please approach
Justice Merchan: Can the defense confirm that all this [social] media you're using, it's public media?
Trump's lawyer Blanche: Very much so.
[Thursday's pool enters - Justice Merchan begins same script he read yesterday]
Justice Merchan: OK, next we will do voir dire with the remaining six. First we'll take a ten minute break. But when we resume, since there are no longer 12 in the box, please don't take more than 15 minutes. See you in ten
They're back.
Justice Merchan: The clerk will call you forward.
Clerk ... Seat 3, B352. Seat 4, B269. Seat 5, B364. Seat 6, B344.
Seat 1: I am a doctor, and I am concerned how long this could take.
Justice Merchan: Only you could tell us. I'm going to excuse you.
Seat 2 (woman) I live in Harlem, have for 5 years. I teach in a private school. NYT, MSNBC, Google. My roommate is at Legal Aid in The Bronx. 34 is yes
Justice Merchan: You have strong opinions?
Seat 2: Yes
Justice Merchan: You are excused
Seat 3: I live on the Upper East Side and work in real estate. I used to work for BT Alex Brown. My wife doesn't work, she takes care of the kids, at home. They are 13 and 16. I play tennis, occasionally golf. I work with the NYC Partnership & REBNY
Seat 3: Podcast, I listen to What's News. I know a lot of people in finance. On social media, when I first used Twitter I followed the President, I was just learning about it. I don't use it anymore. 34, No. 42, No. In full disclosure, I'm in real estate
Seat 4: So I know people who know the President.
Justice Merchan: Thanks.
Seat 5 (man) I live on the Upper East Side, originally from North Carolina; used to work at Gibson Dunn (law firm), I have a J.D. My wife is in risk management at a bank. NYT, WSJ, NY Post
Seat 5: 34, no. 42, no.
Justice Merchan: thank you.
Seat 6: Upper West Side. I'm retired law enforcement, photographer in the NYPD, and Dept of Corrections. Now I work for security firms. I own a small business. BA Communications. 2 children. One I don't talk to
Seat 6: Hobbies? The 4 Cs including computers and charity. I belonged to a Democratic club, it has nothing to do with anything. I was on a case, Merv Griffin and Donald Trump... I have friend that have done time. I'm nervous. Spotlight here
Seat 6: I park in the housing project parking lot. I see the guys I grew up with. Some of them commit crimes. It is what it is. 34, no. 42, No.
Next: I cannot give up my job for six weeks.
Justice Merchan: You're excused. Now the lawyers will ask questions
Prosecutor Susan Hoffinger: B352, you said you're in real estate, any views of Donald Trump's work.
B352: I've seen the work. I'm an admirer from afar, I guess.
Hoffinger: What did you think of The Art of the Deal?
B352: I thought it was entertaining
...now Trump lawyer Blanche asks B352, What do you think of President Trump?
B352: That's a loaded question. There's a lot of history there. There are things I disagree with, and there were things I think were done well in his presidency.
Seat 6: Oh, I remember the Central Park... But I'm interested how he stirs people up. It's up to the jury. This isn't showmanship. This is real life. A man's life is on the line. The country is on the line. I have a public access show about Harlem.
Justice Merchan: Jurors, please step out. ... Any challenges for cause on 3, 4 or 5? Seat Number 4 becomes Juror Number 7. Let's bring them back in.
[And then there were seven]
Justice Merchan: We've kept everyone late enough. See you Thursday.
Adjourned.
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Prosecutor: May we approach?
[Sidebar]
[During the whispered sidebar, Trump leans to his left and speaks with his (second?) lawyer Emil Bove. Nechless also in conversation, with the colleague behind her.
Justice Merchan: Bring in the witness, then the jury
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