Jury Selection Begins in Donald Trump's Hush Money Trial as Historic Criminal Case Opens in Manhattan

A single juror who disagrees means a hung jury.
With 12 jurors and six alternates to be chosen, one dissenter could change the trial's outcome.
Mark

Why does the jury pool matter so much in this case?

Mimi

Because the whole thing hinges on twelve people from Manhattan. More than 50 of the first 96 raised their hands to say they couldn't be fair, and were excused on the spot.

Mark

Does that mean they were all biased against Trump?

Luke

We don't know. The reporting says some may have ruled themselves out over bias toward him, but we'll likely never know. All it confirms is that over half the group stepped aside.

Mimi

And at least nine more left for reasons the court didn't disclose.

Mark

What did the 42-question questionnaire show?

Mimi

Mostly ordinary details, hobbies, jobs, news habits. The few vetted on day one leaned toward the New York Times, CNN and NPR, and only one mentioned Fox.

Luke

Keep the sample in view, though. It was a handful of people on day one. The description of them as liberal and well-educated is the reporter's impression, not a finding.

Mark

Why does one juror matter so much?

Mimi

One dissenter means a hung jury. Former prosecutor Mitchell Epner said the defence would look for fiercely independent people.

Luke

That's one lawyer's read on strategy, not what either side has said it will do.

Mark

And the stakes?

Mimi

Up to four years per count, though jail looks unlikely given no criminal record. The bigger question is the November election, and that remains unknown.

  • Ninety-six prospective jurors were sworn in on the 15th floor of a Manhattan courthouse, and the first criminal trial of a former president is now under way.
  • More than fifty hands shot up when asked if they could not be fair, and the judge excused them on the spot, a sign of how deep the distrust runs.
  • A forty-two-question questionnaire, the most exhaustive the court has ever used, probes media habits, rally attendance and social media use as both sides hunt for impartiality.
  • Each side can strike ten jurors, and a single dissenter could hang the jury, so every choice carries weight.
  • Expected to last six to eight weeks, the trial may be the only one before the November election, and its outcome could reshape the race.

On a spring Monday in Lower Manhattan, a former American president sat in a courtroom and watched ordinary citizens step forward to decide whether he had disguised a payment meant to hide a private story from voters. The case turns on a fine line: a payment made to silence an adult film actor is not itself a crime, but the attempt to bury it and then misrecord it in business books is alleged to have crossed into felony territory. It is one more chapter in a long American tradition of testing whether power bends before the rules, and the answer will be shaped not only by evidence but by the citizens chosen to weigh it.

At 2:30 on Monday afternoon, after a slow morning of argument over evidence, ninety-six prospective jurors filed into a Manhattan courtroom and were sworn in. The first criminal trial of a former American president had begun. Donald Trump has pleaded not guilty to thirty-four felony counts of falsifying business records over a payment to adult film actor Stormy Daniels before the 2016 election, meant to keep her allegations of a sexual encounter from becoming public.

The legal theory is subtle. Paying hush money is not a crime in itself, and falsifying records alone is a misdemeanour. The felony charge rests on the claim that the payment was part of an effort to influence the election, and that the records were then falsified to disguise it. Trump has no prior criminal record, so jail time is considered unlikely even if he is convicted.

The judge, Juan Merchan, told the pool he would ensure a fair trial, and Trump appeared to chuckle. When asked whether anyone could not be impartial, more than fifty hands rose and were excused at once. The jury pool then answered a sprawling questionnaire covering jobs, hobbies, media diets and attitudes toward Trump, drawing laughter at some of the more colourful answers. Trump's team has argued he cannot get a fair trial in liberal-leaning New York, which is why so many people were summoned.

Outside, supporters and opponents rallied, and inside, only a handful of reporters were allowed in while others watched from an overflow room. Legal observers note that each side wants jurors who fit its view of the law, and any hint of hidden agenda could later become grounds for appeal. Trump, entering court, called the case an attack on a political opponent.

The trial may be the only one he faces before November, and a conviction or acquittal would each shape the political story that follows. For now, the court is still choosing the twelve jurors and six alternates who will decide.

At 2:30 on Monday afternoon, after a slow morning of arguments over evidence and other formalities, 96 prospective jurors filed into a courtroom on the 15th floor of the New York County Supreme Court in Lower Manhattan and were sworn in. With that, the first criminal trial of a former American president was under way. Donald Trump has pleaded not guilty to 34 felony counts of falsifying business records over a payment made to adult film actor Stormy Daniels shortly before the 2016 election, meant to keep her from going public with allegations of a sexual encounter.

The legal theory is not simple. Paying hush money is not necessarily a crime in itself, and falsifying business records on its own is a misdemeanour. What raises the charges to felonies is the allegation that Trump conspired to influence the 2016 election by making sure the allegations stayed out of public view, then falsified records to disguise the nature of the payments. Each count carries a maximum of four years in prison, though any sentences would likely run concurrently, and jail time at all may be unlikely given that Trump has no criminal record.

Judge Juan Merchan began by introducing the legal teams and Trump, who turned and gave the pool a tight smile. He outlined the prosecution's allegations and the jurors' duty, and told them he would make sure the trial was fair. Trump appeared to chuckle at that. Then came the first screening question: did anyone believe they could not be fair and impartial? The judge had decided that anyone who said so would be excused immediately. More than 50 hands went up. One woman leaving the courtroom was overheard saying, "I just couldn't do it." At least nine more were excused after saying they could not serve for other reasons, which were not disclosed. The result explains why 500 people stand ready to be called. Trump's team has argued he cannot get a fair trial in heavily liberal-leaning New York.

The remainder faced a questionnaire written by the judge with input from both sides: 42 questions, some with several parts. Judge Merchan called it by far the most exhaustive his court has ever used. Each juror read out the question number and gave an answer, covering where they live, marital status, jobs, education and hobbies. Several drew laughs. One woman said she liked going to the club in her free time. Another said his girlfriend works in a bank but he honestly did not know what she does there.

The questions sharpened as they went. Asked about their media diets, several of the few vetted on day one named the New York Times, CNN and National Public Radio; only one mentioned Fox News. No question asked whom anyone voted for, though the judge has noted the answer could easily be gleaned from the others. A bookseller said no one should be above the law, whether a former president or a janitor. Trump was not named until question 28, which asked about ties to any company run by him or his family. Later questions covered attendance at Trump rallies or anti-Trump events and social media habits. Question 34 asked about strong opinions that would impair impartiality, and the woman originally from Texas, the one who liked clubbing, answered yes and was excused.

The trial is not being televised. When opening arguments start, about 60 journalists will have seats in the courtroom and more than 100 others will watch on screens in an overflow room. On Monday, to make space for the jury pool, only six reporters were admitted to the courtroom itself, and many others lined up for hours for the overflow room. A law student who got in through the public line wrote "Life is beautiful" on her notepad. Tonda Marton, a self-described literary agent playing hooky, said she wanted to see the moment when Trump "couldn't dodge it any longer," and that she was rooting for the prosecution though she did not grasp the case's intricacies. Outside, anti-Trump demonstrators and supporters both rallied.

The judge makes the final call on who sits, but each side can strike 10 prospective jurors. Twelve jurors and six alternates will be chosen, and a single dissenter produces a hung jury. Former federal prosecutor Mitchell Epner told the ABC the defence would want fiercely individualistic people proud of their solitary stands, while prosecutors want civic-minded people who believe the law applies equally, such as teachers, nurses, doctors and accountants. Neither side wants someone with an agenda, he said, since that could become grounds for appeal if Trump is convicted. Entering court, Trump called the case "an attack on a political opponent."

The day ended at 4:30pm. Trump's lawyers have repeatedly sought delays here and in his three other criminal cases, and this may be the only one tried before the November election. Polls suggest a conviction could cost him some voters; an acquittal would feed his claim of a witch hunt. The trial is expected to take six to eight weeks, and when one prospective juror mentioned a June 8 wedding for his child in Seattle, Judge Merchan said he thought the trial would be over by then but could not be sure, and excused him.

This is really an attack on a political opponent.
— Donald Trump, entering the courtroom on Monday
The most exhaustive questionnaire this court has ever used.
— Judge Juan Merchan, on the juror questionnaire
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