Welcome back, Deadline: Legal Newsletter readers. This is a special edition of the newsletter, marking the first day of jury selection in Donald Trump's first criminal trial — the first ever against a former U.S. president.
The day started with Trump losing his latest recusal bid against Judge Juan Merchan. The judge said there was no basis for him to step aside, citing the lack of reason and logic in the presumptive GOP nominee's quest to kick him off the case.
The morning was otherwise filled with legal arguments over issues like the infamous Access Hollywood tape. Merchan reiterated that — at least for now — the tape itself can't come into evidence. But prosecutors can introduce a transcript of the recording whose emergence they say sparked the Stormy Daniels hush-money payoff at the center of the case.
Trump's gag order also surfaced, with prosecutors claiming that he already violated it by way of social media posts against key witness Michael Cohen and others. Merchan will hold a hearing on the subject next Tuesday. Really, what's the rush?
Jury selection itself didn't start up until the afternoon and didn't get very far. No jurors were officially picked yet. Many prospective jurors were dismissed for saying they couldn't be fair and impartial. Merchan called it a day around 4:30 p.m. and will pick up in the morning.
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