Tuesday was the second day of jury selection in Donald Trump’s secret trial in Manhattan, a full day that began with the former president giving reporters a preview of his potential defense: the secret payment in fact was legal fees – as far as he knows.
And “an accountant” at the Trump Organization handled the paperwork for which he is currently on trial.
“I was paying a lawyer and counting that as a legal expense,” Trump said in the hallway outside the courtroom, in response to a question shouted by a pool reporter.
“An accountant, I didn’t know, considered this a legal expense,” Trump continued.
“That’s exactly what it was. And you’re being charged for this?” He continued.
Trump’s test drove his defense through a busy second day of trial, even though the GOP front-runner appeared to have trouble staying awake, especially in the morning.
Seven jurors – four men and three women were selected.
The defense succeeded in six of its ten valuable peremptory challenges in a single day. Prosecutors have used five peremptory penalties and have five remaining.
When court resumes Thursday, the parties will begin choosing the final five jurors and up to six alternates from a new pool of 96 potential jurors.
The seven chosen jurors should expect to return Monday for their opening statements.
The Manhattan District Attorney’s indictment alleges that he falsified 34 Trump Organization business records — disguising them as legal fees for his then-attorney, Michael Cohen — to conceal an illegal scheme to interfere with the 2016 elections.
The falsified documents hid a secret $130,000 payment to Stormy Daniels, a porn star who was set to publicly allege that in 2006 she and the then-Apprentice star had sex – a claim which Trump denied.
Trump’s hallway remarks suggest his lawyers will argue at trial that he did not know what prosecutors say were falsified documents.
Also Tuesday morning, prosecutors made good on their promise from the day before to demand that Trump be held in contempt of court for violating his silence order. »
“Defendant deliberately violated the Court’s order by posting multiple social media messages attacking two known witnesses, Michael Cohen and Stormy Daniels,” prosecutors wrote in a new motion.
The defense has until Friday to file a response explaining why Trump should not be held in contempt. If state Supreme Court Justice Juan Merchan finds Trump in contempt, potential penalties include fines and, in the extreme, prison time.
Meanwhile, jury selection continued Tuesday for a second day.
No jurors were selected during four hours of jury selection Monday, a day that began with a half-day of arguments on pretrial motions.
Just under three dozen anonymous potential jurors take turns Tuesday answering questions on a jury questionnaire while Trump’s lawyers and District Attorney Alvin Bragg listen attentively.
The questionnaire asks basic biographical questions: “Which neighborhood do you live in?” and “what do you do for a living” among them.
It also asks potential jurors to say whether they have read any Trump books, whether they are supporters of QAnon or Antifa, and whether they have “strong opinions or strongly held beliefs about of former President Donald Trump.
Trump looked at a random court official and winked as he entered the room, saying “How are you?” before taking a seat at the defense table.
He appears to have trouble staying awake during the sometimes tedious jury selection process. His eyes remained closed for minutes while he sat at the defense table, and at times he seemed to wake with a start.
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