And we are getting another preview of the prosecutor's opening statements, as Joshua Steinglass is addressing the elephant in the room: Everyone knows Donald Trump.

“No one is suggesting you can’t be fair because you’ve heard from Donald Trump,” he says. “We need jurors who can set aside strong feelings and focus on evidence.

"It’s not a referendum on the Trump presidency ... we don’t care. This case is about whether this man broke the law.”

Another prospective juror is out after struggling with questions surrounding her ability to be fair.

“I believe no one’s above the law, so I guess that’s a strong opinion,” she said. Asked by the judge whether she could be impartial, she said she wasn’t certain.

“I’m not 100 percent sure that I could be fair,” she said.

Merchan excused her.

Nine of the 23 potential jurors who have answered the questionnaire so far have identified TikTok as a source of news.

Congress is currently considering legislation that would ban the popular social media app from the U.S. app store unless its China-based parent company, ByteDance, sells it. The House has passed the measure, and it's unclear whether the Senate plans to act on it.

One prospective juror confessed in the jury box that her Facebook page contains many things that she didn't put there and does not know how to remove.

She said that this includes some content from Occupy Democrats, a hyper left-wing group on social media.

A male potential juror, who works in sales and revenue for software, said in his questionnaire that he followed Trump on X, formerly Twitter, and read several of his books.

The man said he read "The Art of the Deal" and "How to Get Rich." The response draw a smile and a nod from Trump.

One prospective juror was dismissed after being the first to say that he received an anti-Trump newsletter and followed an anti-Trump group on social media.

So far, 11 jurors have read their answers to the questionnaire and haven't been dismissed by the court. One from yesterday was dismissed today after saying she had second thoughts.

Trump is periodically leaning back in his chair and closing his eyes, only to shift his weight moments later.

It is difficult to say whether he has fallen asleep or is resting his eyes.

In a filing made public Tuesday, the DA's office asked the judge to hold Trump in contempt and fine him $3,000 for three Truth Social posts they say violated the judge's gag order.

The DA’s office also asked the judge to warn Trump “that future violations of the Court’s restrictions on his extrajudicial statements can be punished not only with additional fines, but also with a term of incarceration of up to thirty days.”