Manhattan prosecutors are poised to push their case against Donald J. Trump into a critical new phase on Tuesday, as they prepare to question a key witness and urge the judge to hold the former president in contempt for attacking witnesses and jurors in the landmark trial.
The case, the first criminal trial of an American president, debuted to a newly seated jury on Monday, as both sides delivered opening statements that offered dueling visions of Mr. Trump and the evidence against him. While a prosecutor accused the former president of orchestrating a “criminal conspiracy and a coverup,” Mr. Trump’s lawyer proclaimed that “President Trump is innocent.”
The prosecution also began questioning its first witness, David Pecker, the former publisher of The National Enquirer, who buried damaging stories about Mr. Trump as he mounted his first campaign for president. Mr. Trump is accused of falsifying records to cover up a sex scandal involving a porn star that could have derailed his campaign.
The flurry of activity set the stage for a weekslong trial that will continue to captivate the political and legal worlds and test the limits of the justice system as Mr. Trump attacks judge and jury alike.
The jury selection process had barely gotten underway last week when prosecutors accused Mr. Trump of violating a gag order intended to prevent any such attacks. The order, imposed by the judge overseeing the case, Juan M. Merchan, bars the former president from attacking witnesses, prosecutors, jurors and court staff, as well as their relatives.
Prosecutors have said Mr. Trump violated it at least 10 times, both in his own statements and by reposting quotes and articles on social media. Prosecutors say those statements and posts have targeted jurors and witnesses — including a key prosecution witness, Michael D. Cohen, Mr. Trump’s former fixer — and risked inspiring violence or harassment by Mr. Trump’s supporters.
In a fund-raising appeal to supporters on Monday, the subject of which was “ALL HELL BREAKS LOOSE IN 24 HOURS!,” Mr. Trump claimed that if the judge enforced the gag order he “could be thrown in jail” and “Democrats will have free rein to destroy our country.”
Prosecutors previously asked Justice Merchan to fine Mr. Trump $1,000 per violation, but suggested they could ask for stronger measures, including possible jail time, and have asked the judge to remind the former president of that possibility. But the judge, whose daughter has been among Mr. Trump’s targets, might not rule immediately.
After the gag order hearing, prosecutors are expected to continue questioning Mr. Pecker.
Here’s what to know for Day 6 of the trial:
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In an opening statement on Monday, the prosecution began by accusing Mr. Trump, Mr. Cohen and Mr. Pecker of plotting to bury negative stories about Mr. Trump ahead of the 2016 election. At the center of the case is a $130,000 hush-money payment by Mr. Cohen to the porn star, Stormy Daniels. Prosecutors say Mr. Trump falsified records to cover up his reimbursement to Mr. Cohen. Here’s a look back at Monday.
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Mr. Pecker, the first witness called in the case, is set to return to the witness stand on Tuesday. In roughly a half-hour of testimony on Monday, he described a tabloid technique known as “catch and kill,” in which publications buy the rights to stories and then withhold them so that they never become public. Read more about him.
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Before opening statements, Justice Merchan delivered a crucial ruling on what subjects prosecutors can question Mr. Trump about should he decide to take the stand in his own defense. The judge said he would allow them to question him about several recent losses he suffered in unrelated civil trials, including a fraud case this year in which he was found liable for conspiring to manipulate his net worth and was penalized $454 million. The ruling was a significant victory for prosecutors and might prompt Mr. Trump to decide not to testify.
