Welcome back, Deadline: Legal Newsletter readers. The hush money trial is upon us. Donald Trump launched a barrage of delay bids this week, but the state appeals court swatted them down. That means that jury selection is set for Monday in the first criminal trial of a former U.S. president.
That jury selection will be crucial. Indeed, it's where cases can be won or lost — before the first witness is even called to the stand. So expect a battle between prosecutors and defense lawyers over which Manhattanites sit on this historic case.
And the rules for this battle? Each side gets 10 "strikes" to reject potential jurors they don't want. Plus, Judge Juan Merchan can dismiss any number of people he thinks can't be fair. In the case against a man everyone has opinions about, it may take a while to assemble a final crew of 12 jurors (plus alternates, who will sub in if needed).
Curious what these prospective jurors will be asked? We learned all about that this week when Merchan released the questionnaire. It's a broad list of 42 queries, ranging from standard biographical info to whether they support QAnon or listen to Michael Cohen's podcast. You can read the complete list here.
Speaking of Cohen, we also learned more about potential witnesses. As expected, Trump's former fixer will likely be a key prosecution witness. We also know from NBC News reporting that among those who may take the stand for the state are alleged hush money recipients Stormy Daniels and Karen McDougal, as well as former Trump aide Hope Hicks.
Will Trump himself testify? I'll believe that when I see it. But that choice is up to each criminal defendant. We're a long way from that phase of the trial because the prosecution (which bears the burden of proof) presents its case first. Then we'll see what evidence, if any, the defense wants to put on.
But first, we need to pick a jury to hear that evidence. The presumptive GOP nominee has pleaded not guilty to 34 felony counts of falsifying business records. Manhattan District Attorney Alvin Bragg alleges that Trump tried to cover up the hush money reimbursement to Cohen, who paid the adult film star Daniels ahead of the 2016 election, to keep her quiet about previously having sex with Trump (which Trump has denied).
Also, next week, the Supreme Court will be back for the final two-week argument sitting of the term. The April session includes two disputes affecting Trump's federal election interference case: the April 25 immunity hearing and Fischer v. United States. Fischer, set for argument on Tuesday, involves a Jan. 6 defendant fighting the Justice Department's use of an obstruction law that Trump is also charged with in his Jan. 6 case. So if the high court says the government went too far in Fischer's case, that could (but won't necessarily) weaken special counsel Jack Smith's case against Trump. Safe to say, the former president is likely rooting for the defense.
Have any questions or comments for me? I'd love to hear from you! Please email deadlinelegal@nbcuni.com for a chance to be featured in a future newsletter.
