Live coverage: Donald Trump's first criminal trial, Day 1

Donald Trump sits in the courtroom for his first criminal trial.

Monday marks the first day of Donald Trump’s criminal trial for falsifying business records connected to hush money payments made to adult film actress Stormy Daniels. Trump faces 34 felony counts and, unlike past civil trials, Trump is required to be in court for these proceedings. He could face prison time if convicted. 

The trial is being conducted in the Manhattan courtroom of New York Supreme Court Judge Juan Merchan. There is no video or audio feed. Mechan has also limited the pool of reporters inside the courtroom to just six. However, dozens of other journalists and analysts are in the overflow room and several of them are providing near real-time feeds of events inside the courtroom. Daily Kos will provide updates from the trial using a variety of on-site sources as well as information compiled by other news outlets. 

UPDATE: Monday, Apr 15, 2024 · 8:39:08 PM +00:00 · Mark Sumner

Merchan calls a halt on schedule. Court is adjourned and jury selection will resume at 9:30 ET.

Thanks for tuning in today, folks. Judge Merchan seems determined to keep this case moving along, deflecting a number of motions from Trump’s team and postponing the question of whether Trump should be held in contempt for his social media posts until April 23.

The first group of 96 potential jurors entered the courtroom, and more than 50 were allowed to leave after raising their hands to say they did not feel they could be fair and impartial in this case. The first 18 jurors have been seated and roughly half have faced first round questioning. Expect things to pick up there i the morning.

Right now, based on the schedule Mechan has provided and the pace at which things are moving, don’t expect to hear testimony this month, but do expect to see the jurors selected and a number of additional motions done in.

As Trump leaves the courtroom, it will be interesting to see if he takes the delay in considering a contempt citation as permission to hector witnesses again. But whatever he thinks, he’ll be back in court tomorrow.

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UPDATE: Monday, Apr 15, 2024 · 8:32:35 PM +00:00 · Mark Sumner

A good answer, but not one that Trump’s attorneys are going to like. 

A potential juror:

"I feel that nobody’s above the law, whether it’s a former president, a sitting president or a janitor."

— Adam Klasfeld (@KlasfeldReports) April 15, 2024

Remember that these are just the voir dire questions. Merchan allowing more than half the jurors in the first batch to go home on a simple “can you be fair and impartial” may seem like the right move when you have over 500 jurors to sift for 12 primary jurors and some backups, but things are thinning out pretty quickly.

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UPDATE: Monday, Apr 15, 2024 · 8:26:49 PM +00:00 · Mark Sumner

There are 42 questions in the juror questionnaire. So even though the 18 potential jurors who were seated seem to be moving through them pretty quickly, it will take some time to get even this group through the first round.

Meanwhile, over 100 more potential jurors are waiting in the hallway. Not sure they’ll be doing anything today.

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UPDATE: Monday, Apr 15, 2024 · 8:24:14 PM +00:00 · Mark Sumner

Underway with juror questions again. The original schedule called for the end of the court day at 4:30 ET, but so far things are moving along.

A prospective juror who is an ADA in the Bronx answers a voir dire question by saying, "my girlfriend is in finance for a bank but I honestly don't know what she does," drawing laugher from prosecutors.

— erica orden (@eorden) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 7:59:41 PM +00:00 · Mark Sumner

And it’s time for an afternoon break. Apparently, Trump doesn’t like people talking about his sleeping habits.

Trump "glares" at @MaggieNYT "for several seconds as he walks out," hours after she broke the news of the former president's in-court snooze.

(per @Law360's pooler @frankrunyeon) pic.twitter.com/L8b3nrxit4

— Adam Klasfeld (@KlasfeldReports) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 7:56:00 PM +00:00 · Mark Sumner

The sketch from Trump in court as prospective jurors are being asked to raise their hands if they can't be fair and impartial, courtesy of artist Christine Cornell. pic.twitter.com/j6jppcXGKC

— Kaitlan Collins (@kaitlancollins) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 7:52:50 PM +00:00 · Mark Sumner

Another one goes out. 

The third juror questioned said "Yes" to Question 34: “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 ability to be a fair and impartial juror?”…

— Katie Phang (@KatiePhang) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 7:47:33 PM +00:00 · Mark Sumner

First potential juror to answer questions is a young woman of color who says she watches CNN. 

Second is reportedly a white creative director who says he reads the New York Times. That answer is probably going to come up a lot, considering that the jurors are from New York.

First round of questioning seems to be moving quickly.

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UPDATE: Monday, Apr 15, 2024 · 7:36:31 PM +00:00 · Mark Sumner

18 of the remaining jurors have been seated in the jury box. We may get some questions to them before the day is over.

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UPDATE: Monday, Apr 15, 2024 · 7:20:07 PM +00:00 · Mark Sumner

Honestly, let him sleep.
Wheel him into a fake Oval Office on the back nine of Trump National, tell him he’s the president, hand him a Diet Coke and a hamberder, play a nature video, quietly close the door, and walk away.#SleepyDon pic.twitter.com/jupvKVGrNa

— Jo (@JoJoFromJerz) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 7:15:39 PM +00:00 · Mark Sumner

Wow. So far more than 50 jurors have said they couldn’t be impartial in this case. Hands are still going up. Over half the initial set of jurors are gone.

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UPDATE: Monday, Apr 15, 2024 · 7:05:58 PM +00:00 · Mark Sumner

Seven jurors leave when asked if they think they can be fair and impartial. No idea if this includes the giggler.

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UPDATE: Monday, Apr 15, 2024 · 7:02:38 PM +00:00 · Mark Sumner

Meanwhile, Trump seems to have gone out again. If he starts to snore, Judge Mechan should just whisper at everyone to be silent, tiptoe out, and leave him.

Per our team inside:

As Judge Merchan is explaining that the burden of proof is on the prosecution and that the standard is beyond a reasonable doubt, Trump’s eyes are closed...he might be thinking or sleeping but his eyes are shut tight.

— Katie Phang (@KatiePhang) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 6:59:48 PM +00:00 · Mark Sumner

Merchan explained that this case is “The People of the State of New York vs. Donald Trump” and informed the jurors that the defendant was Donald Trump. According to The New York Times jurors craned these necks for a good look at Trump. One woman reportedly giggled.

That seems like an appropriate response.

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UPDATE: Monday, Apr 15, 2024 · 6:47:24 PM +00:00 · Mark Sumner

Merchan had hinted that his instructions might include something like this. Now it’s explicit.

Here we go with the jury. "The allegations are in substance, that Donald Trump falsified business records to conceal an agreement with others to unlawfully influence the 2016 presidential election.”

There it is--election interference case

Now Bragg has to prove it 46/x

— Norm Eisen (#TryingTrump out now!) (@NormEisen) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 6:39:59 PM +00:00 · Mark Sumner

It’s going to be interesting to hear details from this.

NEW: Judge Juan Merchan has started reading his preliminary jury instructions to the first panel of 96 prospective jurors, a process he said would take roughly 30 minutes. 1/

— Lisa Rubin (@lawofruby) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 6:36:43 PM +00:00 · Mark Sumner

Reportedly four women and one man in the jury pool are wearing masks. It’s going to be surprising if any of them make it through.

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UPDATE: Monday, Apr 15, 2024 · 6:34:55 PM +00:00 · Mark Sumner

The jurors are entering the courtroom.

— Katie Phang (@KatiePhang) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 6:32:59 PM +00:00 · Mark Sumner

Okay. Please ignore my speculation about Merchan holding his Wednesdays open to address issues as they come up. The contempt hearing has been moved back a day, which is good in that it’s being dealt with that much sooner, bad in that this was one of the few days scheduled this month.

Merchan rescheduled the contempt hearing to April 23 at 9:30 a.m.

— erica orden (@eorden) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 6:30:28 PM +00:00 · Mark Sumner

It’s 2:30 PM in New York. No juror has yet taken a question.

Merchan: "I'm told that there's a total of about 200 jurors here today."

— erica orden (@eorden) April 15, 2024

I don’t suppose he can make them stay until they’re done. But please, let’s get a few of them in front of the judge.

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UPDATE: Monday, Apr 15, 2024 · 6:27:56 PM +00:00 · Mark Sumner

Whatever woke Trump up is still bothering him.

Trump is upset about something--most animated he has been all day

Talking to Blanche, gesturing, at one moment points in direction of prosecution table

Lots of gesticulation. He's awake now 44/x

— Norm Eisen (#TryingTrump out now!) (@NormEisen) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 6:20:42 PM +00:00 · Mark Sumner

Merchan announces that at the start of Tuesday’s session, he will address Trump about his options for testimony. This is a standard step, required under law, so not a response to anything Trump has done in or out of the courtroom.

Actual prospective jurors are now filing in.

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UPDATE: Monday, Apr 15, 2024 · 6:18:25 PM +00:00 · Mark Sumner

Per The New York Times coverage of the trial, Trump supporters who had gathered in a park near the courthouse have largely wandered away. Peak attendance was around 150 people.

Not enough to stage a new insurrection.

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UPDATE: Monday, Apr 15, 2024 · 6:13:19 PM +00:00 · Mark Sumner

Interesting — the date that Merchan set to hear arguments on contempt is a Wednesday (Apr 24). This morning, the judge left this date off his announced schedule.

So maybe the idea is to preserve Wednesdays for dealing with issues that arise during the trial. It’s certainly one way to keep things ticking along.

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UPDATE: Monday, Apr 15, 2024 · 6:08:44 PM +00:00 · Mark Sumner

Back to talking about the supposed purpose of the day as both defense and prosecution are given one copy each of a list of prospective jurors complete with some basic information. Neither side is allowed to make a copy of the list.

That instruction has to make Trump so, so want to make a copy. Or maybe he can get Loomer to do it.

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UPDATE: Monday, Apr 15, 2024 · 6:03:31 PM +00:00 · Mark Sumner

Preview of the days ahead.

During lunch, Trump again toed the line of his gag order, posting a video of his ally Laura Loomer that includes her making references to Justice Merchan's wife and Michael Cohen. https://t.co/I5mDrABnYZ

— Kyle Cheney (@kyledcheney) April 15, 2024

Loomer is present at the courthouse. 

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UPDATE: Monday, Apr 15, 2024 · 6:00:48 PM +00:00 · Mark Sumner

Merchan seems much more upset about something else.

Trump has STILL not designated his trial
exhibits, he’s very late & judge has had it

Trump has 24 hours to do it

Blanche argued the 200k docs, judge says “it’s not really 200k,” nothing doing

Then Necheles tries—nothing doing 41/x

— Norm Eisen (#TryingTrump out now!) (@NormEisen) April 15, 2024

And that seems to be generating some agitation from Trump in response.

While seated at the defense table, Trump is talking to his lawyers Blanche and Bove in a much more animated way than we've seen until now, using lots of hand gestures.

— erica orden (@eorden) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 5:57:54 PM +00:00 · Mark Sumner

Trump’s attorneys were served the order to show cause why he should not be held in contempt. They get four days to prepare a response. Then arguments on April 24.

Mark this down as another day in which Trump isn’t held accountable. 

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UPDATE: Monday, Apr 15, 2024 · 5:50:31 PM +00:00 · Mark Sumner

Merchan announces he will not rule on the gag order for nine days. Trump is bound to take this as a holiday from constraints.

Court has resumed with Judge Merchan announcing he will not rule today on the gag order violations. He will hear arguments on April 24 at 2:15 pm.

— Katie Phang (@KatiePhang) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 5:40:39 PM +00:00 · Mark Sumner

The video is not currently on in the overflow room. Hopefully, that will be remedied before proceedings resume.

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UPDATE: Monday, Apr 15, 2024 · 5:37:57 PM +00:00 · Mark Sumner

Trump has reportedly reentered the courtroom. Things should be getting underway again soon.

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UPDATE: Monday, Apr 15, 2024 · 5:27:08 PM +00:00 · Mark Sumner

To clarify the aspect of the gag order that the district attorney’s office has asked Merchan to address, it’s not Trump’s attack on the judge’s daughter or claims about the justice system.

The cited messages are attacks Trump has made on prospective witnesses including Michael Cohen and Stormy Daniels. Trump issued a series of messages in the last week that the prosecution views as being in violation of the expanded gag order originally issued in March.

Before going off to lunch, Trump was given a Parker warning.

Merchan to Trump: "If you disrupt the proceedings, you can be excluded from the courtroom and committed to jail based on your conduct and the trial will continue on in your absence…do you understand?"

— Harry Litman (@harrylitman) April 15, 2024

Other than leaning across the table and glaring at people, it’s not clear Trump has done anything disruptive in the courtroom so far, but Merchan might be anticipating a response to a contempt citation. Or he may simply be covering his bases.

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UPDATE: Monday, Apr 15, 2024 · 5:04:34 PM +00:00 · Mark Sumner

Via The New York Times, just before we went to lunch break: 

Trump appears to be sleeping. His head keeps dropping down and his mouth goes slack.

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UPDATE: Monday, Apr 15, 2024 · 4:27:49 PM +00:00 · Mark Sumner

And the result is … another break.

Merchan says during the lunch break, he’ll sign the order to show cause that sets forth a briefing schedule. With that, we break—and we’ll be back at 1:30.

— Lisa Rubin (@lawofruby) April 15, 2024

The court is out for an hour. Grab a meal.

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UPDATE: Monday, Apr 15, 2024 · 4:25:27 PM +00:00 · Mark Sumner

Here we go. Trump is reportedly leaning across the defense table to glare at Assistant District Attorney Christopher Conroy as he makes this request.

DA's office is asking the judge to order Trump's lawyers to show why he shouldn't be held in contempt for violating the gag order through his social media posts. They're asking for sanction of $1000 for each of three posts and want judge to order Trump to take down the posts.

— erica orden (@eorden) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 4:11:03 PM +00:00 · Mark Sumner

There are no cameras in the courtroom, but a sketch of what’s happening behind closed doors, courtesy of artist Christine Cornell. pic.twitter.com/1GNixIrtSi

— Kaitlan Collins (@kaitlancollins) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 4:09:52 PM +00:00 · Mark Sumner

Merchan is asking prosecutors to wait on the motion that might result in Trump being held in contempt because he wants to go over the process of jury selection. The judge also says he’s had to limit motions because of a flood of motions from Trump’s attorneys.

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UPDATE: Monday, Apr 15, 2024 · 4:07:14 PM +00:00 · Mark Sumner

Considering the scheduling discussion this morning, it appears there will only be seven days of trial in April, two of which are half days. So don’t expect this queue to be cleared up soon.

Judge Merchan says "we have about 500 jurors waiting" more than two hours after Trump's court day began, but not a single prospective panelist has been called into the courtroom

— Ben Feuerherd (@benfeuerherd) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 3:56:03 PM +00:00 · Mark Sumner

As with many breaks, this one has now extended over half an hour beyond when it was supposed to end. Hang in there.

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UPDATE: Monday, Apr 15, 2024 · 3:54:09 PM +00:00 · Mark Sumner

MSNBC commentator Tristan Snell, who was one of the prosecutors in the Trump University case.

Today is NOT a “sad day for America.”

Don’t listen to anyone who tells you that.

Today is a GLORIOUS day for America, a day when we can live out the ideal that is carved into the front of the Supreme Court

EQUAL JUSTICE UNDER LAW

— Tristan Snell (@TristanSnell) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 3:38:48 PM +00:00 · Mark Sumner

This seems like it could be coming to a head very quickly.

10 or 15 minute morning break -- that went fast

Judge stepping out to gird self for coming Order to Show Cause

Trump is very likely going to be held in contempt, just a question of when--jurors are waiting... 32/x

— Norm Eisen (#TryingTrump out now!) (@NormEisen) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 3:36:59 PM +00:00 · Mark Sumner

Not everyone outside is on Trump’s side. There’s also reportedly a guy playing anti-Trump songs on a flute.

Court is just returning from a short break. The issue of the gag order is coming right up.

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UPDATE: Monday, Apr 15, 2024 · 3:29:38 PM +00:00 · Mark Sumner

Politico reports that Trump supporters outside the courtroom are outnumbered by the news media. A paucity of Trump supporters has been evident in every trial and court appearance so far.

Andrew Giuliani and Laura Loomer are reportedly there, along with pundits from Newsmax. They may not be getting the images they want.

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UPDATE: Monday, Apr 15, 2024 · 3:24:16 PM +00:00 · Mark Sumner

Trump has arguably already been going beyond the bounds of Merchan’s gag order, and it looks like prosecutors are set to test that shortly. 

NEW: While arguing for the admission of tweets and social media posts evocative of Trump’s pressure campaign on witnesses, the DA’s office drops this: “Shortly, we will be seeking an order to show cause why Defendant should not be held in contempt” for violating the gag order.

— Lisa Rubin (@lawofruby) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 3:22:20 PM +00:00 · Mark Sumner

Prosecutors are continuing with evidentiary issues. They didn’t get everything they wanted when it comes to “Access Hollywood” (Merchan didn’t allow in discussion of the tape that appeared in an earlier civil trial), but they got a lot.

Now they’re going after selections from Trump’s meaty collection of social media posts, especially those that might bolster the idea that witnesses in the case feel threatened.

They are very cleverly setting that up with Trump's social media posts going back years and running thru today

"If you come after me, I'm coming after you"

Pomerantz and Cohen were "death"

Onto recent attack on Cohen & Daniels 29/x

— Norm Eisen (#TryingTrump out now!) (@NormEisen) April 15, 2024

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UPDATE: Monday, Apr 15, 2024 · 3:13:05 PM +00:00 · Mark Sumner

One of the first issues Merchan has dealt with is Trump’s infamous “Access Hollywood” tape. The tape itself has been excluded, but prosecutors have secured the right to use the transcript.

The DA also has won the right to use a transcript of the Access Hollywood tape, even while the tape itself remains off limits, as well as an email chain showing how @washingtonpost’s questions about the tape reverberated across the campaign—and to Michael Cohen.

— Lisa Rubin (@lawofruby) April 15, 2024

That email chain includes some big names in the Trump campaign and how they reacted to the release of the tape. 

Steinglass is arguing to use as evidence an email chain, seemingly obtained from the SDNY documents, between Hope Hicks, Steve Bannon, Kellyanne Conway and others about how to handle the Access Hollywood tape when it first became public.

— erica orden (@eorden) April 15, 2024

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Monday is slated to be the first day of jury selection. This process is expected to last for several days.

NEW: So far this morning, we’ve not yet seen any prospective jurors. But Judge Merchan has already denied Trump’s second recusal motion & ruled that evidence of the National Inquirer’s stories to accentuate Trump’s virtues and to damage his opponents can be admitted. 1/

— Lisa Rubin (@lawofruby) April 15, 2024