Beyond seeing its historical importance, those of us covering the Trump trial expected the first day to be relatively uneventful, with housekeeping details and rules of the road for jury selection. But it turned out that the morning also had the first stirrings of accountability for Donald Trump.
As part of the pretrial housekeeping, Justice Juan Merchan delivered the so-called Parker warnings on courtroom behavior directly to the defendant, reminding him that he could be jailed if he disrupted the proceedings.
Trump, who earlier seemed to be dozing, muttered, “I do,” when asked if he understood this and the other elements of the warning, which Merchan was delivering to Trump for a second time — now orally — just to make sure it sank in.
Then the former president had to sit and listen to a discussion of the admissibility of his years of witness intimidation, his arguably illegal social media posts and his efforts to use The National Enquirer to destroy his rivals. The jury didn’t hear any of this, but Trump and everyone else in the courtroom did.
All morning, Trump’s side only won once: when Merchan ruled that during the testimony of Karen McDougal, a former Playboy model, there could be no mention in front of the jury of Trump’s wife being pregnant and then being with a newborn (Barron Trump) at home when McDougal says they were having a long-running affair.
At one point, Todd Blanche, Trump’s lead attorney, saw that his slumped client was looking straight ahead, dejected. He reached out and patted Trump on the back.
Merchan said he would hold a hearing on April 23 on the prosecution’s motion that Trump be held in contempt of court and possibly jailed for three Truth Social posts attacking Michael Cohen and Stormy Daniels, which seemed to be a clear violation of Merchan’s gag order preventing Trump from trying to intimidate witnesses.
Merchan indicated that he would reject Trump’s go-to argument that he was just responding in kind.
In the meantime, Merchan was also concerned about the logistics of accommodating Trump’s desire to be heavily involved in jury selection. Part of that process can take place in conference, outside the courtroom, if a potential juror wants to talk to Merchan and the lawyers in private. The unspoken worry hanging over the courtroom: Would a potential juror feel intimidated if Trump, exercising his right, was there, too?
Merchan is working that out. He reminds me of the old deodorant ad for Ice Blue Secret. The bespectacled, snow-haired Merchan is “cool, calm and collected” and will do a terrific job in this trial.
