Welcome back to Trump on Trial. I’ll be filling in for Maggie Haberman and Alan Feuer today.
Starting on Monday, I’ll be part of the Times team of reporters covering the first criminal trial of a former American president. It will unfold in a dingy courthouse just blocks from New York’s City Hall, and we’ll be there for every twist and turn.
It should be a doozy, complete with hush money, a porn star and a fuming defendant. And oh, yes, it could test the resilience of our legal institutions and the concept that no individual is above the law.
Donald Trump’s trial is the culmination of a case that has been hotly contested since it was unveiled last spring. After months of legal machinations, including three long-shot appeal attempts this week, it seems to be on track to actually begin: Jury selection is scheduled to start on Monday. Testimony is expected to last weeks, amid a level of media scrutiny that some have likened to the O.J. Simpson trial nearly three decades ago.
This is no murder trial, but it still has sensational elements: Trump faces 34 felony counts of falsifying business records to try to hide a sexual encounter he is alleged to have had with Stormy Daniels, a porn star he met in 2006. The former president denies the charges and having had sex with her.
Prosecutors could call Daniels and a former Playboy model, Karen McDougal, who said she had an affair with Trump, as well as Michael Cohen, Trump’s former fixer, who made the payment to Daniels just before the 2016 election.
These witnesses and testimony are likely to produce days of popcorn-worthy coverage — though, as with many trials dealing with financial matters, there may be a few sleepy sessions, too.
What to expect
Here’s how the trial is likely to unfold:
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Day 1: Several hundred jurors are expected to be called in on Monday to potentially serve, a critical vetting period known as voir dire. Both prosecution and defense teams will be trying to sniff out hidden biases, with the help of a detailed juror questionnaire. It could be a grueling multiday, or even multiweek, process.
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Trump, who claims to be displeased by a trial that he feels is profoundly unfair, could be in court four days a week — Wednesdays are off days. The judge, Justice Juan Merchan, has issued a gag order barring the former president from attacking prosecutors, witnesses, court staff and the judge’s own family members, after a series of angry posts on Trump’s Truth Social account and elsewhere.
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The trial won’t be televised, but reporters will be able to post updates directly from the courtroom and a nearby overflow room. Expect a lot of focus on Trump’s demeanor and the interaction between his legal team and Merchan, who has kept the defense on a short leash so far.
The 34 counts are all Class E felonies, the lowest category of felonies in New York state. Trump’s lawyers will be hoping for an acquittal or for a holdout juror, which could lead to a mistrial. If the former president is found guilty, each count carries a maximum prison sentence of four years.
The Manhattan proceeding may be Trump’s only trial before the election. Two federal cases, as well as another state case in Georgia, could all be pushed back until after voters decide whether to once again elect Trump — or re-elect President Biden — in November.
Follow our coverage of the trial. During the proceedings, we’ll be sending you updates more frequently, including breaking news alerts and our regular weekly analysis on Thursdays. Jesse will be back on Monday to give you a full account of the first day.
Your questions
We’re asking readers what they’d like to know about the Trump cases: the charges, the procedure, the important players or anything else. You can send us your question by filling out this form.
Will there be a video or audio recording of the hush-money trial? Or at least a transcript at the end of each day? — Fiona Webster, Maryland
Alan Feuer: There will not be any video or audio recording available of Trump’s 2016 campaign sex scandal trial, and any transcript of daily proceedings would have to be purchased — at great expense — from the stenographers covering the case. At this point, the only one of Trump’s trials that will be broadcast live is his state election interference case in Georgia.
What else to watch
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A hearing in Trump’s classified documents case will be held tomorrow to consider motions to dismiss the charges facing Trump’s two co-defendants, Walt Nauta and Carlos De Oliveira.
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The Supreme Court will hear arguments on Tuesday about the scope and soundness of an obstruction law that sits at the heart of Trump’s case in Washington on charges of plotting to overturn the 2020 election. The law has also been used against hundreds of Trump supporters charged in connection with the Jan. 6 attack on the Capitol.
Where does each criminal case stand?
Trump is at the center of at least four separate criminal investigations, at both the state and federal levels, into matters related to his business and political careers. Here is where each case stands.
