Trump faces the criminal justice system in New York as a mere defendant

Donald Trump attends jury selection on the first day of his trial, at Manhattan Criminal Court, New York, April 15, 2024.

An isolated little world has been set up and Donald Trump entered it at 9:30 am on Monday, April 15. He looks set to be there for a period of about six weeks. This world is the criminal court in Manhattan, New York; a world shielded from misinformation, bluster, insults and empty slogans. Within this world, there is judicial ritual, rules, and a judge who oversees their execution. A world where Trump must fulfill an obligation that is unimaginable for him: to comply. For the first time in history, a former US president is taking the stand as a defendant in a criminal trial. It will decide not only his own future, but also, in part, that of the whole country, with less than seven months to go before the presidential election.

Charged with 34 counts of falsifying his group’s accounting documents, “Mr. Trump,” as Judge Juan Merchan called him – without any deference whatsoever – stood accused of trying to keep embarrassing revelations about his sexual affairs from coming to light ahead of the 2016 presidential election. Under the guise of “legal fees,” he had allegedly orchestrated the payment of $130,000 to Stephanie A. Gregory, a former adult film actress known by the pseudonym Stormy Daniels, by way of his former adviser Michael Cohen, who is set to be a key witness against the former national leader.

The trial that has just begun is just one of the four cases with which Trump has been indicted. It will not address the most serious issues, notably the multi-faceted coup attempt that led to the assault on the Capitol on January 6, 2021. Yet everyone involved in this trial, including commentators and the media, is aware of the historic nature of this judicial event.

‘You can do anything’

Judge Merchan, who presided over Monday’s proceedings, addressed the first group of 96 potential jurors, saying, “The name of this case is The People of the State of New York v. Donald Trump.” Then began the extraordinarily delicate process of selecting the jury – comprising 12 jurors plus six alternates – which is expected to last more than a week. Nearly half of those summoned to this panel immediately asked to be excused, as they felt they would be unable to be fair and impartial. The other potential jurors then explained their family situations, their preferred news sources and their professional backgrounds. At the end of the first day, none of the 96 jurors to have been there had been selected. Nearly 400 others were waiting in reserve.

Procedural issues were also addressed. Judge Merchan once again rejected a request from Trump’s team for him to recuse himself. Manhattan District Attorney Alvin Bragg’s office had requested that the judge fine Trump $3,000 for repeated violations of his “gag order,” the finely tailored obligation of silence imposed on him. In several recent posts on his Truth Social network, Trump has lashed out at Daniels and Cohen in insulting terms. A separate hearing will be held on this subject.

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