On Monday morning, hundreds of New Yorkers will gather at the Manhattan criminal courthouse for a significant trial involving a former president of the United States.
In the following weeks, Alvin Bragg, the Manhattan District Attorney who revealed a 34-count indictment against Donald Trump a year ago, will endeavor to persuade twelve jurors and six alternates of the former president’s alleged falsification of documents. The objective is to conceal compromising details from voters and enhance his chances of winning the 2016 presidential election. Bragg holds the distinction of being the first prosecutor to bring criminal charges against a sitting or former U.S. president.
Donald Trump entered a plea of not guilty to the felony charges last year, and since then, his legal team has made numerous attempts to delay the trial. In fact, they have made a total of 11 attempts thus far. Just last week, they tried three times to have a New York Appellate Court halt the case, but all three attempts were unsuccessful. Trump has been vocal in his criticism of the prosecution, calling it a “witch hunt” and accusing it of interfering with the election. These remarks come as he actively campaigns as the presumptive Republican nominee for the 2024 presidential election.
During a rally in Pennsylvania on Saturday, Trump passionately declared, “This is what you call a communist show trial, and we’re going communist. Don’t kid yourself. If we don’t win this election, this country is finished.” Trump expressed his concerns to his supporters, emphasizing the significance of the upcoming election for the future of the nation.
Jury selection is expected to span over at least a week, while the entire trial is projected to last between six to eight weeks. Throughout the trial, it is mandatory for Trump to be present in the courtroom for the entire duration, with proceedings scheduled to take place on weekdays, except for Wednesdays. The trial will officially commence on Monday, commencing with the commencement of the jury selection process.
How will jury selection work?
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As potential jurors settle in the courtroom on Monday, Judge Juan Merchan is anticipated to provide a summary of the case to assist them in determining their ability to be fair and impartial jurors.
In a recent filing, Merchan will inform the potential jurors that the case revolves around accusations that Trump participated in a scheme to unlawfully influence the 2016 election. According to the allegations, Trump concealed the true nature of payments by fabricating business records, which were used to compensate his former lawyer, Michael Cohen. Cohen, in turn, made a payment to adult film actress Stormy Daniels in order to prevent her from publicly disclosing the details of a prior sexual encounter with Trump. It is important to note that the former president has pleaded not guilty to all charges and vehemently denies any involvement in an affair with Daniels.
Merchan intends to dismiss jurors who acknowledge their inability to be fair or impartial or have a conflict that would hinder them from fulfilling their duties in the extensive trial.
Jurors will be required to respond to 42 inquiries regarding their personal background and their potential perspectives on the case. The identities of the jurors will be kept confidential from the public, although Trump, his attorneys, and advisors will have access to their names.
During the voir dire process, certain questions are commonly asked to gather relevant information about the individual. This includes their place of residence, occupation, marital status, preferred news sources, and any prior interactions they may have had with law enforcement. Additionally, specific inquiries are made to assess potential biases related to President Trump.
During the trial, the jurors will be present in the same room as the former president. As per Merchan’s protocols, they will be required to answer each question out loud and may also be asked follow-up questions by the lawyers. The parties have the option to strike an unlimited number of jurors for cause. Additionally, each side is allowed ten peremptory strikes, which can be used to excuse jurors for any reason.
According to Trump’s lawyers, conducting the entire process in Manhattan would be unfair. They contend that there are too many potential jurors in the area who hold negative opinions about the former president. Despite their request to delay the trial and have it moved to a more favorable county, an appeals court denied their appeal.
Trial attorney Chris Timmons, an ABC News contributor, emphasized that the key factor is not whether someone possesses knowledge about the case or has formed an opinion. Instead, the crucial question is whether they can set aside that opinion when necessary.
Last week, Trump’s lawyers sent a letter requesting some minor changes in the jury selection process. They asked for more flexibility in evaluating political bias and requested that the court maintain a more accurate record of the number of jurors excused due to self-identified inability to be fair or impartial.
According to Trump, the process of jury selection is largely determined by luck and depends on the individuals who are chosen for the jury.
What is Trump prohibited from saying?
During Trump’s absence from the campaign trail for a minimum of four days a week, he plans to leverage the trial as an opportunity to reinforce his campaign messages and vehemently criticize the proceedings. Utilizing a camera positioned in the hallway outside the courtroom, the former president will have the chance to address the case. Additionally, he may deliver extensive speeches either prior to or following court sessions at a nearby downtown building owned by him.
“I find it unjust to have a trial occurring right in the midst of an election,” remarked Trump during a hearing in the case last month. “It lacks fairness and is completely unfair.”
Judge Merchan implemented a restricted gag order in the case recently. This order prohibits Trump from making any remarks about potential jurors, witnesses, individual prosecutors other than Bragg, as well as the families of Judge Merchan and Bragg.
“On Saturday, Trump expressed his frustration about the upcoming proceedings in New York City, stating, “On Monday in New York City, I will be forced to sit fully gagged.” The former president emphasized that he is not allowed to talk during the proceedings, expressing disbelief at the restriction. However, Trump clarified that he is still permitted to address most aspects of the case, including targeting both Bragg and Merchan.”
In recent weeks, Trump has skirted the boundaries of the gag order by taking aim at certain potential witnesses through his social media platform. He has also shared articles concerning the judge’s daughter and directed his attention towards a member of Bragg’s team.
Merchan recently extended the limited gag order to include both his and Bragg’s families. By doing so, he made it clear that any violation of the gag order by Trump in relation to the jury selection process would not be tolerated.
Merchan wrote a notice to the defendant, informing him that if he engages in any behavior that poses a threat to the safety and integrity of the jury or the jury selection process, he will forfeit any statutory right he may have to access juror names.
Who will testify?
The witness lists for the trial have not been released by prosecutors and defense lawyers. However, Bragg is anticipated to focus his case on the testimony of Michael Cohen, who was formerly Trump’s lawyer and known as his “fixer.”
Prosecutors claim that Cohen orchestrated the hush-money payments, which are the focal point of their case, while Trump supposedly manipulated records concerning the reimbursement for those payments.
Prosecutors plan to summon both Daniels and Karen McDougal, a former Playboy model who also received a payment to keep quiet about an alleged affair with Trump. Other potential witnesses include Jeffrey McConney, the former Trump Organization controller, Rhona Graff, Trump’s longtime executive assistant, Madeleine Westerhout, the former director of Oval Office Operations, and Hope Hicks, his longtime aide. These individuals could provide testimony, according to sources familiar with the matter.
According to the indictment, other witnesses who could provide valuable information include David Pecker, a former executive at American Media Inc., and Dylan Howard, the editor-in-chief of the National Enquirer. These individuals are alleged to have played a role in coordinating the hush payments.
Trump has indicated that he might testify in his own defense during the trial, and his legal team has stated that their argument will be centered around the notion that the former president did not have any intention of committing a crime.
“I would definitely testify,” declared Trump on Friday.
