This week we saw the first criminal trial against Donald Trump begin in earnest. The jury has been selected and the prosecution has called its first witnesses.
The former president is accused of crimes stemming from his hush money scheme in which he and his associates sought to keep Stormy Daniels quiet until after the 2016 election. This is the first criminal trial against a former U.S. President, and, unlike with Trump’s other, recent legal troubles, Trump will need to appear in court for much of this trial.
On Tuesday, Judge Juan Merchan held a contempt hearing to determine whether Trump should be sanctioned for allegedly disobeying the gag order on the case a number of times. This week also the beginning of testimony from David Percker, a former tabloid executive who orchestrated the “catch and kill” scheme, suppressing negative stories (such as Stormy Daniels’) for Trump ahead of the 2016 election.
Trump arrives at the Manhattan courthouse for day one of the trial
Former U.S. President Donald Trump arrives at Manhattan Criminal Court as he attends the first day of his trial for allegedly covering up hush money payments linked to extramarital affairs, in New York City on April 15, 2024. (Photo by ADAM GRAY/AFP via Getty Images)
Protesters demonstrate outside of the courthouse
Demonstrators protest outside of Manhattan Criminal Court as Trump attends the first day of his trial. (Photo by ADAM GRAY/AFP via Getty Images)
Trump arrives for day one
(Photo by ANGELA WEISS/POOL/AFP via Getty Images)
Trump scowls in the Manhattan courtroom
(Photo by ANGELA WEISS/POOL/AFP via Getty Images)
Trump critics gather outside of the courthouse
Critics of Donald Trump gather outside of the Manhattan Criminal Courthouse. (Photo by Spencer Platt/Getty Images)
Trump arrives for day one
(Photo by JABIN BOTSFORD/POOL/AFP via Getty Images)
Trump arrives for day one
(Photo by ANGELA WEISS/POOL/AFP via Getty Images)
Trump enters the courthouse ahead of day one
(Photo by Michael Nagle – Pool/Getty Images)
Trump in the courthouse ahead of day one
(Photo by JEENAH MOON/POOL/AFP via Getty Images)
Trump walks toward the courtroom
(Photo by ANGELA WEISS/POOL/AFP via Getty Images)
Trump and his lawyers ready for the first day of the trial
(Photo by JEFFERSON SIEGEL/POOL/AFP via Getty Images)
Trump and his legal team prepare for the start of jury selection
Trump appears with his legal team ahead of the start of jury selection. (Photo by Jabin Botsford-Pool/Getty Images)
Trump in court
(Photo by Jefferson Siegel-Pool/Getty Images)
Trump in court
(Photo by Jabin Botsford-Pool/Getty Images)
Trump returns to the courtroom after a break
Trump returns to the courtroom after a break. (Photo by Jeenah Moon-Pool/Getty Images)
Trump and his legal team
(Photo by JABIN BOTSFORD/POOL/AFP via Getty Images)
Trump in court
(Photo by Angela Weiss – Pool/Getty Images)
Trump in court
(Photo by Angela Weiss – Pool/Getty Images)
Trump exits the courtroom
(Photo by Jabin Botsford-Pool/Getty Images)
Trump speaks to the press outside the courtroom
Trump speaks to the press after the first day of his trial. (Photo by Angela Weiss – Pool/Getty Images)
Trump arrives back at Trump Tower after the first day of the trial
Trump arrives back to Trump Tower after the first day of his trial. (Photo by ADAM GRAY/AFP via Getty Images)
Trump enters Trump Tower
(Photo by ADAM GRAY/AFP via Getty Images)
Manhattan DA Alvin Bragg arrives for the second day of the trial
Manhattan District Attorney Alvin Bragg (L) arrives at Manhattan Criminal Court for the second day of the trial. (Photo by KENA BETANCUR/AFP via Getty Images)
Trump departs Trump Tower to tatend day two of the trial
Trump departs Trump Tower for Manhattan Criminal Court to attend the second day of his trial. (Photo by TIMOTHY A. CLARY/AFP via Getty Images)
Trump arrives at the courthouse for the second day of the trial
Trump arrives for the second day of his trial. (Photo by KENA BETANCUR/AFP via Getty Images)
Trump speaks to the press as he arrives for day two of the trial
Trump speaks as he arrives for the second day of his criminal trial. (Photo by Michael M. Santiago/Getty Images)
Trump attends the second day of his criminal trial
(Photo by MARY ALTAFFER/POOL/AFP via Getty Images)
Trump and his lawyer Todd Blanche
(Photo by MARK PETERSON/POOL/AFP via Getty Images)
Trump sits in the courtroom on day two
(Photo by Justin Lane-Pool/Getty Images)
Trump speaks to the media outside the courtroom
Trump on the first day of opening arguments, April 22. (Photo by Victor J. Blue-Pool/Getty Images)
Alina Habba and Jason Miller appear in the courthouse
Trump’s advisor and Trump’s lawyer on separate cases appeared on the day of opening arguments. (Photo by Brendan McDermid-Pool/Getty Images)
Alina Habba adresses the media
(Photo by Brendan McDermid-Pool/Getty Images)
Trump sits in court
(Photo by Angela Weiss – Pool/Getty Images)
Trump looking low-energy for opening statements
(Photo by Yuki Iwamura-Pool/Getty Images)
Trump returns to the courtroom after a recess
Trump on April 23. (Photo by BRENDAN MCDERMID/POOL/AFP via Getty Images)
Communications aide Natalie Harp appears outside the courtroom
(Photo by Curtis Means-Pool/Getty Images)
Photographers gather in front of Trump
(Photo by Curtis Means-Pool/Getty Images)
Trump and Blanche in the courtroom
(Photo by Curtis Means-Pool/Getty Images)
Trump sits in court
(Photo by Yuki Iwamura-Pool/Getty Images)
A glassy-eyed Trump in the courtroom
(Photo by Brendan McDermid-Pool/Getty Images)
Trump flips through a stack of papers before departing the courthouse
We talked about Rick Scott last night and Kari Lake before that. But there are clearly Republicans around the country realizing they’d just gotten off on the wrong foot with abortion. It turns out they can totally be good friends. 15 weeks? 24 weeks? Why not 80 weeks? Some of them are thinking real big. Anyway, I’m curious to hear about the stories that aren’t making national headlines. I know there are more. Can you send me yours from your neck of the woods? Same email address as always: talk (at) talkingpointsmemo dot com, as seen on Jeopardy ™.
Come For Jury Selection, Stay For Contempt Proceedings
Before jury selection even began in the first-ever criminal trial of a former president, prosecutors sought to hold Donald Trump in contempt of court for violating the gag order imposed on him in the hush-money case.
On social media in the days before trial, Trump continued to attack witnesses in the case, including key witness Michael Cohen, Trump’s former fixer.
Prosecutors want Trump sanctioned $3,000 for the violation and warned that further violations could send him to jail for the duration of the trial.
The trial judge said he would enter a show cause order as to why Trump should not be held in contempt and set arguments on the matter for April 23. The contempt proceeding will happen in parallel with the trial.
The range of sanctions for contempt is pretty broad, and I would expect a graduated scale of increasing punishments for each violation, rather than hauling Trump off to jail right away. I know. But that’s how it typically works.
Our Man On The Scene
The logistics of being the sole trial reporter for a small news outlet like TPM are hairy. Josh Kovensky has been up at 5 a.m. ET that last two days and in line at the courthouse by 6 a.m. In each instance he got in, but only barely, due to limited seating while jury selection is underway.
As long as he gets in, we’ll be bringing you his coverage:
Between taking Wednesdays off, the upcoming Passover holiday, and other schedule constraints, April may be taken up by jury selection, and prosecutors may not begin their case in chief until May. It’s hard to predict, but that gives you some sense of the pacing of the trial.
A Quick Dip Into The Trivial
Did Trump fall asleep in court? So reported Maggie Haberman.
The wailing from Donald Trump and his team after Day 1 of the trial mostly involved performative outrage that Donald Trump is being treated like a criminal defendant, which manifested itself in the form of extreme umbrage that Trump must be present in court.
The high dudgeon was reminiscent of every other white collar trial in the last few decades, when affluent (usually white) defendants first encounter the criminal justice system and are outraged, OUTRAGED, that people are treated like this. Yep, every damn day in every courthouse in America.
The question the justices will consider is whether a provision of the Sarbanes-Oxley Act, enacted in the wake of the collapse of the energy giant Enron, covers the conduct of a former police officer, Joseph W. Fischer, who participated in the Capitol assault, on Jan. 6, 2021.
The law figures in two of the federal charges against Mr. Trump in his election subversion case, and more than 350 people who stormed the Capitol have been prosecuted under it. If the Supreme Court sides with Mr. Fischer and says the statute does not cover what he is accused of having done, Mr. Trump is almost certain to contend that it does not apply to his conduct, either.
Don’t Let Russian Election Interference Go Down The Memory Hole
David Corn tries to rescue us from the limits of memory and the onslaught of historical revisionism:
Russia attacked in 2016. It tried again in 2020. Isn’t it evident Putin—who is one for two—will take another stab at this in 2024? Especially now that much more is at stake. This election will likely determine whether the United States continues supporting Ukraine’s fight against Russia’s brutal and illegal invasion. With Trump and other Republicans opposing such assistance, how could Putin not try once more to give him a secret boost?
Worth your time.
Now Every Losing GOP Candidate Blames ‘Election Fraud’
TPM’s Khaya Himmelman on the metastasis of wild, conspiracy-fueled “election fraud” claims being raised by losing GOP candidates all the way down to dogcatcher. Okay, maybe not dogcatcher. Yet.
Quote Of The Day
“I’m fairly concerned and it’s definitely a gut check moment for people who have been pro-life for a very long time.”
Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, on elected Republicans freaking out over the political landscape in a post-Dobbs world.
2024 Ephemera
FL-Sen: Sen. Rick Scott (R), without a hint of irony, tells voters to forget about his support last year for a six-week abortion ban because now he’s completely onboard with a 15-week ban.
Abortion will be on the ballot in about a dozen states in November.
President Biden kicks off three days of campaign events in Pennsylvania.
Arkansas Gov. Sarah Huckabee Sanders ‘ office potentially violated state laws on purchasing, state property and government records when it purchased a $19,000 lectern for the Republican governor that’s prompted nationwide attention, an audit requested by lawmakers said Monday.
Legislative auditors referred the findings in the long-awaited audit of the lectern to local prosecutors and the attorney general, and lawmakers planned to hold a hearing Tuesday on the report. The report cited several potential legal violations, including paying for the lectern before it was delivered and the handling of records regarding the purchase.
Potential Movement On The Hill For Ukraine Aid
It seems like a long shot and it might cost Rep. Mike Johnson (R-LA) his speakership, but he finally plans to bring Ukraine aid to a vote as early as the end of this week.
His tactic, such as it is, consists of bringing aid to Ukraine, Israel and Taiwan up in three separate bills along with a fourth bill full of Republican goodies. Then the whole thing will in theory be sent to the Senate as one bill for it to pass.
The idea seems to be that the bill full of goodies will placate the hard right in his conference, which is opposed to Ukraine aid and threatening to remove him as speaker if he pushes it through. But it’s already showing signs of not placating them.
Just a few days after Kari Lake of Arizona went from supporting an absolute ban on abortion to holding a series of teach-ins on the work of Andrea Dworkin (I kid, but only barely) we have Rick Scott announcing his own epic flipflop as Republicans across the country run away from their records as hardcore abortion restrictionists.
Just two weeks after the Florida Supreme Court upheld a 15-week abortion ban and cleared the way for a six-week one to take effect, Sen. Rick Scott (R-FL) is publicly attempting to soften his stance on abortion.
As you can see here and here, I did a few posts over the weekend trying to make sense of just what was happening in the skies over Israel. As I noted, I initially thought the fusillade was essentially performative. The Iranians fired off a mix of drones and missiles they knew would be shot down, so they can make a big show of striking back while being confident that the damage would be limited enough to avoid the risk of further escalation. But as more information came in, that seemed less credible.
Election administrators in a deep red Northern California county have been facing off with an ongoing election denial stronghold in the county that local officials and election experts worry will only intensify ahead of the 2024 election.
As I mentioned in today’s Morning Memo, TPM’s Josh Kovensky arrived at the courthouse in Manhattan at 6 a.m. ET to stand in the press line. Two and a half hours later, he was denied access because the press room had filled up.
Good news! Through patience and persistence, Kovensky kept waiting even though there wasn’t really a press line any more and somehow it worked. He is now inside the courthouse and will be able to report on jury selection for us.