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Highlights from Day 3 of Trump’s hush money trial

One juror was removed today after raising concerns about her privacy and another after questions about a past arrest.

What to know about Trump's hush money trial

  • Former President Donald Trump's hush money trial resumes in New York City for the third day today with jury selection. Twelve jurors have been seated so far, with new additions today including a man who works in investment banking and a security engineer.
  • Tuesday's proceedings in state Judge Juan Merchan's courtroom were marked by fiery exchanges over Trump's behavior and old Facebook posts of prospective jurors.
  • Trump has pleaded not guilty to 34 counts of falsifying business records related to a $130,000 payment made to adult film actor Stormy Daniels at the end of the 2016 election cycle to keep her quiet about her allegation that she and Trump had a sexual encounter. Trump has denied the affair.
  • Catch up with what you missed on Day 2.

Trump returns to Trump Tower

The former president's motorcade has returned to Trump Tower after the third day of the hush money trial.

Meet the 12 jurors at Trump’s hush money trial

Rebecca Shabadis in Washington, D.C.

All 12 jurors, plus an alternate, were selected this week to serve on the jury after they made it clear to both sides that they could render a fair and impartial verdict.

Prosecutors and the defense team whittled down a pool of nearly 200 people to 12 jurors and an alternate after having grilled them about their personal histories, political views, social media posts and ability to remain impartial despite any opinions they might have about the polarizing former president.

Here's a brief description of each juror.

Read the full story here.

Trump attorney asks who the DA plans to call as first 3 witnesses

Trump attorney Todd Blanche asked whom the district attorney's office plans to call as its first three witnesses. Joshua Steinglass of the DA’s office refused on the basis that Trump has been tweeting about them.

Judge Merchan said he does not fault the DA’s office for its position. Blanche said Trump will not tweet about the witnesses, which Merchan said Blanche cannot promise, and he told him to treat the information as “attorneys’ eyes only.”

Merchan declined to order the DA’s office to name its first three witnesses, and Steinglass did not otherwise agree to do so.

Trump continues criticizing the case after court proceedings end for the day

Trump addressed reporters after court was dismissed for the day. He said that he was supposed to be in states like Georgia, New Hampshire and North Carolina to campaign but that instead "I've been here all day" for an "unfair trial."

Trump held up a stack of news stories and editorials that he said were critical of the case. He continued railing against the trial. "The whole thing is a mess," he said.

Trump did not respond to shouted questions from reporters.

Judge gives instructions to newly sworn-in jurors

Matt Johnson

Matt Johnson and Megan Lebowitz

Judge Merchan gave instructions to the jurors who were sworn in minutes ago. Among them: Do not discuss the case.

The jurors were then escorted out of the courtroom and walked past the defense table, from which Trump stared at them.

Court ends for the day. Dismissal on Monday and Tuesday will be 2 p.m.

The court has decided that 2 p.m. will be the trial end time next Monday and Tuesday.

Here's the gender breakdown of the 12-person jury

The jury is seven men and five women.

Jurors are sworn in

Matt Johnson

Matt Johnson and Megan Lebowitz

The jurors selected today to sit on the panel were sworn in, vowing to hear the case in a "fair and impartial manner."

Trump watched as they raised their right hands for the swearing-in.

Jury selection will continue tomorrow for the six alternates.

Twelve jurors have been selected

The court has now seated 12 jurors.

“We have our jury,” Judge Merchan said when the 12th juror was picked.

The next six jurors selected will serve as alternates.

“I’m hopeful we will finish tomorrow,” the judge added.

Potential juror says she was a Bernie Sanders supporter when posting critically about Trump

A potential juror has been brought back into the courtroom for questions about her social media posts.

As she read one of her posts to the court, she said she was a Bernie Sanders supporter at the time.

“I was in a disturbed frame of mind during that election cycle," she said, adding that she no longer holds the positions expressed in the post.

Two more jurors seated, bringing the total to seven

Two new jurors have been seated, bringing the total seated back to seven after two were dismissed earlier.

The jurors are a man who works in investment banking and a man who is a security engineer.

Trump attorney questions juror's social media posts about former president

Susan Necheles, a Trump attorney, is challenging Juror No. 430 for cause.

She alleges that the juror's posts through 2020 were vitriolic and that the juror called Trump a “racist, sexist narcissist” on social media.

Necheles also said the juror said, “Trump is an anathema to everything I was taught about Jesus … and could not be more fundamentally un-Christian.”

Defense lawyer cites book of journalist who is in the courtroom

Ginger GibsonSenior Washington Editor

Trump lawyer Susan Necheles referred to New York Times reporter Maggie Haberman's book "Confidence Man: The Making of Donald Trump and the Breaking of America."

Haberman, who is covering the trial, is in the courtroom as part of the small pool of journalists allowed inside to share information about the jury selection process.

Prospective juror says it was pretty difficult not to have strong feelings about Trump during his presidency

One potential juror said it was pretty difficult not to have strong feelings or conversations about Trump during his presidency.

"There’s so much information about him everywhere. So no matter how you feel, you’re seeing things online," she said. "I mean he was our president, everyone knows who he is.”

One juror says they're a centrist and 'everybody needs a chance'

One juror who was just questioned during voir dire told Necheles that they are a "centrist."

The juror added, "Everybody needs a chance, regardless of who they are, to be innocent until proven guilty.”

Court takes brief break to discuss strikes

The court has taken a brief break to discuss which jurors each side would like to strike.

Both the prosecution and defense have four remaining preemptory strikes. Both sides could each request that jurors be struck for cause.

Potential juror shares encounter with Trump and ex-wife 'shopping for baby things'

Adam Reiss

Alexandra Marquezis based in Washington, D.C.

Adam Reiss and Alexandra Marquez

One prospective juror, who says they were born and raised in Brooklyn, described encountering Trump and his ex-wife Marla Maples once while they were "shopping for baby things" at ABC Home, an iconic Manhattan home goods store known for quirky, upscale decor.

Trump and Maples were married in the 1990s and share one daughter, Tiffany Trump.

Prospective juror says she doesn't have 'strong feelings' about Trump

One prospective juror told Trump's lawyer, "His politics aren't always my politics," but said she agrees with him on some policies and disagrees with him on others.

"But as a human being, that's a different topic," she said.

Asked about social media activity, she said, "Politics just seems like a nasty thing to be posting about during a national crisis."

She added, "I just don’t have strong feelings about President Trump at this point...I don’t post about him.”

One juror previously met Trump's lawyer

Adam Reiss

Alexandra Marquezis based in Washington, D.C.

Adam Reiss and Alexandra Marquez

One of the jurors being questioned by Steinglass says she previously met one of Trump's attorneys.

Asked by Steinglass if this juror could remain impartial despite that, the juror said she had no concerns about her impartiality.

Prosecution refers to 'accomplice liability' to explain case theory

For the second time in a week, the prosecution has used a notable example of “accomplice liability” in explaining their theory of the case to the prospective jurors.

Steinglass says that Mr. Trump is being held liable just like a husband who hires a hitman to kill his wife would be — even if the husband is in a different city when it happens, he’s still criminally liable.

One juror says she's concerned she knows too much about the case

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

One prospective jurors who said during the questionnaire that she had read Mark Pomerantz's book and was worried she knows too much about the case.

"I’m worried that I know too much," she said. “And academically, I know I have put it to the side. I’m worried that it’s going to seep in, in some way.”

Pomerantz is a former prosecutor who once oversaw the Manhattan District Attorney Office’s investigation into Trump.

Trump appears skeptical as voir dire begins

Trump watched skeptically as Steinglass asked the jurors whether any of them felt the district attorney would have to prove more because Trump is not like any other defendant.

Trump's body is not turned toward the jury or Steinglass, but his head is. Blanche and Bove are watching Steinglass and the jury more intently.

Trump then scribbled on a piece of paper and handed it to Bove, who shared it with Necheles. She then had a short exchange with Trump.

Judge Merchan says voir dire of prospective jurors will begin

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

The judge told the group of 18 prospective jurors that previously went through the questionnaire that they will now be questioned by both sides, with the prosecution up first.

Court back in session

Merchan is back on the bench and court is back in session. Attorneys for both sides will now question prospective jurors.

Spotted outside of the courthouse: former GOP Rep. George Santos

George Santos
George Santos on Thursday.Gary Grumbach for NBC News

Former Rep. George Santos, R-N.Y., was spotted outside of the courthouse. He did not answer a question from NBC News about what brought him here today.

Santos was ejected from Congress in December after he was federally charged with crimes like wire fraud and money laundering. He has pleaded not guilty. He is currently running for Congress in New York as an independent.

Court goes on a lunch break

Rebecca Shabadis in Washington, D.C.

The court has recessed for lunch until 2:15 p.m.

Juror dismissed after tying Trump to Berlusconi

Alexandra Marquezis based in Washington, D.C.

One juror was just dismissed after disclosing that he was born and raised in Italy and then comparing Trump to Silvio Berlusconi, the former prime minister of Italy.

Berlusconi, who died last June, was an infamous womanizer and was convicted of tax fraud in 2013.

Potential juror says he's a few credits short of a college degree

One potential juror said that while he graduated from high school, he is a few credits short of a college degree, "which kills my parents."

A cold courtroom

Blanche, Trump's lawyer, just asked if they could make it warmer in the courtroom, saying, "it’s freezing" in the room.

Merchan agreed, "It’s chilly in here, no question."

Merchan excuses Juror No. 4

Adam Reiss

Rebecca Shabadis in Washington, D.C.

Adam Reiss and Rebecca Shabad

After they had a conference with the juror, Merchan announced he's excusing juror No. 4, who had previously been seated and sworn him. His prior arrest was questioned by the DA.

Seated juror 'expressed annoyance' about his personal information becoming public

A seated juror was called for questioning, with prosecutors inquiring about whether or not he was truthful in answering questions about his past criminal history.

Following a conference between the juror and Merchan, the judge said, the juror "expressed annoyance about how much information was out there about him in the public.”

And Merchan sealed the portion of the transcript where he says the juror discussed "highly personal" information.


Trump left the courtroom while decision on Juror 4 being made

Ginger GibsonSenior Washington Editor

Trump exited the courtroom at 11:45 a.m. He returned about eight minutes later.

One prospective juror works in law enforcement

One potential juror said that he has worked in law enforcement for 34 years and, in his spare time, he has season tickets to New York Rangers games and enjoys going to Yankees games.

Dismissed juror has "satirized Mr. Trump, often" online

Alexandra Marquezis based in Washington, D.C.

Another dismissed juror, Mark, spoke to NBC News' Vaughn Hillyard outside the courthouse, telling him that he determined he couldn't be fair and impartial because, "I have satirized Mr. Trump, often, in my artwork."

Mark added, "There’s no way that Blanche — who’s not going to rely on the kindness of strangers — would permit me to be on the jury ... There’s no way that after my online presence ... that they would regard me to be fit to serve."

Mark's online comedy hadn't yet come up in the process when he raised his hand to signal he couldn't be fair and impartial, but he was sure Trump's lawyers would figure it out.

"It would be a waste of their time and, frankly, as a taxpayer, our money —for me to clog up the process," he added. 

Juror 4 has arrived

The person previously seated on the jury has come into the courtroom. He is going to be asked about crimes he or his wife are alleged to have committed, after they were unearthed by the DA's office.

Court takes a brief break

The court has taken a brief break.

One juror has read part of Michael Cohen's book

Alexandra Marquezis based in Washington, D.C.

Adam Reiss

Alexandra Marquez and Adam Reiss

One of the jurors responding to questions said she has read several pages of "Disloyal," a book by Michael Cohen, Trump's former personal attorney, who is a potential witness in this case.

The juror said she read part of the book for unspecified "business reasons." Earlier in her questionnaire, the juror said she works in publishing, but it's unclear whether the book was directly related to her job.

Prospective juror says while he doesn't have strong beliefs aboutTrump, he does read The New York Times

A prospective juror who was just questioned said that while he doesn't have any strong opinions or firmly held beliefs about Trump, he does "read the news, New York Times and so forth."

The same person said he follows Trump's Truth Social posts, as well as Michael Cohen on X.

Potential jurors say they have read Trump's "The Art of the Deal"

One potential juror who said she subscribes to The New York Times, mainly for the crossword puzzle, said she read Trump's "The Art of the Deal" book decades ago.

The juror also said she has a relative who works for the Justice Department.

Another juror, who said he works in finance, also said he read "The Art of the Deal."

Questionnaire highlights tension points for potential jurors

The potential juror being questioned now by the judge encapsulates how tough it is for some working professionals called for jury duty in Manhattan to say they cannot be fair and impartial. This is a person who is a practicing attorney. 

She appears not to want to say publicly she can’t be fair, notwithstanding some deep sighs we can hear from her. She also clerked for a federal judge and discussed the case with him, so she’s treading carefully.

Dismissed juror: Trump "looked less orange" than I expected

Alexandra Marquezis based in Washington, D.C.

One dismissed juror spoke to MSNBC's Yasmin Vossoughian outside the courthouse following her exit from the case.

"Everyone was shocked, everyone was frozen," said the woman, identified only by her first name, Kat. She recounted the moment she and fellow prospective jurors walked into the room and realized they'd been called for the Trump trial.

“We went into the courtroom and we saw Donald Trump ... I was shocked, I was sitting in the second row, like 6 feet away," she added.

Before showing up for jury duty, “I didn’t really [follow the case], I was too busy," Kat said, but added that she just became a U.S. citizen in August and realized, "I feel the duty, I’m a citizen and I have responsibilities.”

Asked about how Trump looked in the courtroom, Kat said, "He looked less orange" than she was expecting.

She added, “He doesn’t look angry or — I think he looks bored, like he wants this to finish.”

Potential juror said she discussed former Manhattan DA Mark Pomerantz's book with others

Adam Reiss and Summer Concepcion

The first potential juror said she had discussed the case at length with co-workers, including a book written by Mark Pomerantz, the former Manhattan district attorney who led the investigation into Trump’s alleged financial crimes. She said she hasn't read any of the books written by Michael Cohen or Trump.

The woman also disclosed that she attended the Women's March after Trump took office.

48 prospective jurors excused after signaling they can't be fair or impartial

After Judge Merchan told the pool of prospective jurors to raise their hand if they can't be fair and impartial, 48 out of 96 were excused.

Trump again closes his eyes while Merchan reads jury instructions aloud

Adam Reiss

Adam Reiss and Katherine Doyle

Trump again closed his eyes while Merchan read aloud jury instructions. He didn't open them when his lawyer Emil Bove passed a note to Blanche in front of him.

Merchan is soft-spoken and his voice has a relaxing tone. Trump is seen moving his head back and forth while his eyes remain closed.

Trump yawned as Merchan reached the end of the jury instruction.

Juror issues raise questions about trial timeline

The fact that we now have one juror dismissed already this morning and one potentially on the rocks (for apparently not being forthcoming on the questionnaire) shows the challenges in predicting when a final slate of 12 jurors will be empaneled. 

It also shows how waiting several more days before the opening statements runs the risk that more jurors will drop out as they sleep on the gravity of being involved in this case.

DA's office says Trump has violated judge's gag order seven more times

Prosecutor Chris Conroy handed up a new order in response to Trump's social media posts. The DA alleges that Trump has violated the judge's gag order seven more times and he wants the posts included in the hearing scheduled for Tuesday.

Yesterday, the former president complained about the jury selection process and Conroy said that "most disturbingly" Trump quoted a Fox News host suggesting that "undercover" liberal activists are lying to get onto the jury.

Conroy said the DA's office is still considering options in terms of sanctions prosecutors are seeking.

Merchan raises concerns about "the veracity of Juror #4’s answers"

After discussion about the gag order, Merchan said he had concerns about one of the jurors and how truthfully the person had answered questions.

One of the questions on the juror questionnaire asks if the juror or any of their family members were accused of a crime.

Joshua Steinglass of the DA's office told Merchan that they discovered an article featuring a person with the same name who was arrested in Westchester in the 1990s for tearing down political advertisements.

Merchan implores the press to use 'common sense' when reporting jurors' descriptions

Merchan asked reporters to use "common sense" when describing the jurors' physical descriptions.

"There was really no need to mention that one of the jurors had an Irish accent," he said.

A juror has been excused from duty

Juror 2, the oncology nurse, has been excused from duty. As court started today, Merchan told lawyers on both sides that the juror called and conveyed that after sleeping on it, she had concerns about being fair and impartial.

She had concerns about her identity becoming public and said that friends and family have already inquired about whether she is a juror. The juror added that given these outside influences, she was concerned about her ability to be fair and impartial.

An oncology nurse, a corporate lawyer and a man with "no spare time": Meet the first 7 jury members of Trump’s hush money trial

Rebecca Shabadis in Washington, D.C.

The first seven people were selected to serve on the jury in Trump’s hush money trial in New York on Tuesday after they made it clear to both sides that they could render a fair and impartial verdict.

They were chosen on the second day of the trial after prosecutors and the defense team whittled down a group of 96 potential jurors. At one point, Merchan admonished Trump after he observed him audibly mouthing something in the direction of one of the jurors, who had been asked about a social media post she made the day Joe Biden was declared the winner of the 2020 election.

“I won’t tolerate that,” Merchan said. “I will not have any jurors intimidated in this courtroom.” Trump’s lawyers ultimately eliminated the woman from the jury pool.

The seven chosen so far were sworn in Tuesday and directed by Merchan to return to court Monday.

Twelve people will be seated on the jury, and each side will select alternates. The trial is expected to last as long as eight weeks.

Read more on the seven jurors selected so far.

Day 3 begins

Adam Reiss

Merchan has taken the bench — a few minutes early — and started Day 3.

Trump is taking a phone call at the defense table

Trump is using his phone in the courtroom, openly flouting the rules of the courtroom. Blanche just told him to stop and Trump tucked the phone in his pocket while looking annoyed.

Prosecutors seek to ask Trump about civil fraud, E. Jean Carroll cases and more if he testifies in hush money case

Adam Reiss

Adam Reiss and Dareh Gregorian

Prosecutors from the Manhattan district attorney’s office said in a court filing yesterday that they plan to ask Trump about the costly verdicts and findings of wrongdoing in his numerous civil cases if the former president decides to testify in the criminal case — though the permissibility of that line of questioning remains to be seen.

The prosecutors said they intend to ask Trump about the judgment in New York Attorney General Letitia James’ civil fraud suit against him and his company, as well as a pair of verdicts in lawsuits brought by writer E. Jean Carroll. The judgments in the three cases total almost $550 million and include findings that Trump committed fraud in the AG’s case and that he is liable for sexual abuse and defamation in the Carroll case.

District Attorney Alvin Bragg’s office also plans to mention findings by the judge in the civil fraud case that Trump violated a gag order and “testified untruthfully under oath” during the trial.

Prosecutors said they want to be able to bring up those findings — which Trump is appealing — “to impeach the credibility of the defendant” if he takes the witness stand.

Trump said last week he “absolutely“ plans to testify but is under no obligation to do so.

Trump lawyers in Florida classified docs case seek more time to meet deadlines in order to "defend him in New York and before this Court"

In a filing today, Trump’s legal team representing him in the classified documents against him in Florida are seeking more time to meet deadlines in order for them to “defend him in New York and before this Court.”

Trump’s lawyers argue that their client and his counsel “cannot prepare — or even discuss — the required filings anywhere but an appropriate SCIF (sensitive compartmented information facility), a virtually impossible task given” the former president and his lawyers Blanche and Emil Bove’s involvement in the hush money trial.

“The special counsel’s office argues President Trump’s constitutional rights are ‘not implicated’ because his counsel has had ‘months to prepare the submissions at issue’ and will ‘only be in trial four days a week in New York,’” Trump’s lawyers wrote in the filing. “This premise is untethered to reality and disregards the substantial motion practice that has occurred before this Court.”

Trump departs Trump Tower

Brittany Kubicko

Trump has left Trump Tower and is headed to the courthouse for Day 3 of his hush money trial.

Donald Trump
Donald Trump leaves Trump Tower today.David Dee Delgado / Getty Images

Fiery exchanges over Facebook posts and Trump’s behavior mark second day of trial

The first seven jurors were selected for Trump’s hush money trial Tuesday amid a battle over prospective jurors’ old Facebook posts and calls to “lock him up” and the judge’s warning that the former president should not try to intimidate the panelists who will be deciding his fate.

“I will not have any jurors intimidated in this courtroom. I want to make this crystal clear,” Merchan told Trump and Blanche outside the jurors' presence. Merchan told Blanche his client was “audibly” saying something in the direction of the juror while she was “12 feet away from your client.”

Merchan said that he didn’t know what Trump was saying but that he’d been “muttering” and “gesturing” at the juror, and he directed Blanche to talk to his client about his behavior. Blanche then whispered something into Trump’s ear.

The incident underscores Trump’s penchant for acting up in court and the problems his lawyers might have keeping him in check. He spoke loudly in front of jurors during the E. Jean Carroll defamation trial and at one point stormed out of his civil fraud trial — two trials he appeared at voluntarily. His presence is required in the criminal case, and the trial could last as long as eight weeks.

The current drama came on the second day of jury selection as seven jurors were selected for the case. The jury is anonymous, so their names weren’t used in open court, but panelists include a lawyer, a salesman, an oncology nurse, an IT consultant, a teacher and a software engineer. The seven were sworn in and told to return to court Monday.

Read the full story here

The first jurors have now been chosen for Trump’s criminal hush money trial after a cross-section of Manhattan residents openly revealed their views of the likely GOP nominee. NBC’s Laura Jarrett reports for "TODAY."

On trial off-day, Trump complains about jury selection process for his criminal case

Trump ripped the jury selection process in his historic New York criminal trial yesterday, the day after the first seven jurors were selected out of a pool of almost 100 people.

Posting about the hush money trial on its scheduled off-day, Trump — who has repeatedly accused the judge in the case of being biased against him — suggested incorrectly that he should be entitled to unlimited strikes of potential jurors in his criminal case.

“I thought STRIKES were supposed to be ‘unlimited’ when we were picking our jury? I was then told we only had 10, not nearly enough when we were purposely given the 2nd Worst Venue in the Country,” he wrote on Truth Social before he decried the criminal cases against him as “election interference” and part of a “witch hunt.”

Under New York law, each side does have an unlimited number of strikes “for cause,” but Merchan, the judge presiding over the case, can decide whether or not that cause is worthy of a strike.

The two sides are also entitled to a limited number of “peremptory strikes” — potential jurors they can dismiss. Because Trump is charged with a Class E felony, which is a lower-level felony, he and prosecutors are entitled to 10 peremptory challenges each. (The number goes up to 20 for defendants facing the highest level of felony charge, Class A.)

While Merchan has dismissed scores of potential jurors who said they could not be impartial or had scheduling conflicts, he has dismissed only two for cause in the two days since jury selection began. One was a person who had written “lock him up” of Trump in a 2017 social media post. Merchan denied some other Trump cause dismissal requests, including one for a woman who had posted on Facebook about celebrating Joe Biden’s 2020 election win.

Trump’s attorney Todd Blanche then used one of his peremptory challenges to remove the woman.

Read the full story

Trump hush money trial resumes with jury selection after day off

Adam Reiss

Adam Reiss and Dareh Gregorian

Jury selection is set to resume in former President Donald Trump's hush money trial in New York City after a break in action yesterday.

With seven jurors already having been selected from a pool of 96, the schedule for today will focus largely on questioning potential jurors in a second group of the same size to see whether they can be fair and impartial when it comes to Trump. State Judge Juan Merchan has said he hopes to have 12 jurors, as well as alternates, selected by the end of tomorrow.

Prosecutors and lawyers for Trump will have less opportunity to dismiss potential jurors going forward, because both used six of their 10 peremptory challenges Tuesday.

While both sides can make an unlimited number of challenges for cause, it is up to the judge to decide whether to grant those challenges and strike those jurors. Merchan dismissed two jurors for cause Tuesday, one of whom had posted a “lock him up” message about Trump on Facebook, but he denied some other challenges.

Read the full story here