Donald In Court

The defense team has its hands full

Photo Credit: Getty, Pool.

Today Donald became the first person in history to sit for his own criminal trial after leaving the Oval Office. Overall, today marks a significant milestone — the rule of law, at least in this one instance, is holding and the wheels of justice are starting to turn a little faster.

I followed the trial all day and I have documented at least TEN pretty spectacular developments, considering today was only Day 1 of what will almost certainly be a six to eight week trial.

1. Donald suffers his first loss in his election interference trial

The day started badly for Donald, when his request for Justice Juan Merchan to recuse himself from the trial was flatly denied.

Justice Merchan did not buy into the rationale the defense team floated for his recusal, asserting his impartiality and commitment to justice. Merchan also said clearly that Donald’s request was based on a “series of inferences, innuendos, and unsupported speculation.” 

“We want to follow the law,” Merchan stated. 

As this legal drama is just getting started, one thing is clear: Justice Merchan (unlike Donald’s personal pocket judge in Florida, Aileen Cannon) has already shown us he’s committed to the rule of law. Here’s to justice being served!

2. Donald’s media stock plunges as he enters the courtroom

Per the New York Times, Donald’s DJT stock plummeted by at least 18% today, “erasing hundreds of millions of dollars from the company’s market value” as Donald sat in the courtroom as a criminal defendant.

If you’re keeping track, the stock has dropped by more than 50% since its initial rally. 

Financial experts say investors were spooked when a filing revealed more shares of the company would be sold — and they feared the move would dilute the stock price. The result? Another chart that looks like this:

3. Donald is caught sleeping

At one point in the trial, Donald was reportedly seen dozing off, “before jolting back awake.” Even after his lawyer, Todd Blanche, passed him “several” notes, Donald continued to sleep.

“If Trump is too old and weak to stay awake at his own criminal trial, what do you think will happen in the Situation Room?” wrote Pod Save America host, Dan Pfeiffer.

Napping during a criminal trial certainly undermines Donald’s narrative that President Biden is “sleepy.” It’s hard to maintain an image of energy and vitality when you pass out during your own trial.

Maybe he should give up rage posting at 2AM.

4. Justice Merchan promises “there will be an arrest”

Justice Merchan made it clear to Donald that he must attend his Manhattan trial and refrain from disrupting proceedings, or he will be sent to jail.

This warning, known as a Parker warning, takes on a certain resonance when read to a former leader of the free world and who is currently a candidate for president.

This is a great sign that Merchan will treat Donald like any other criminal defendant, and not give him any special treatment.

5. Donald is accused by the prosecution of violating the gag order

Prosecutors hit the ground running by requesting that Justice Merchan impose penalties and a monetary fine for every Truth Social post they allege breached Donald’s gag order. They asked the court to send Donald to jail the next time he’s in violation.

The gag order states that Donald is banned from discussing witnesses in the case, the district attorney’s team, and court personnel. Today, Merchan granted the prosecution a hearing to consider the gag order question; it will take place next Tuesday, April 23.

6. An ex-prosecutor says Donald will blow his defense by being in the courtroom

While Donald’s presence was not mandatory during his civil fraud trial, he is required to attend his criminal trial in person. Today, he whispered exasperated comments to his attorney, he glared at New York Times reporter Maggie Haberman who reported on his nap, and, according to Haberman, even falsely claimed he stormed out of court in a fundraising email.

Knowing Donald, his characteristic bluster, sense of grievance, and lack of impulse control will be on full display during the trial. Whether he’s making faces or making audible comments when he shouldn’t be speaking at all, his lack of respect and anger could have a tremendous influence on the jury.

During his fraud trial, Donald was heard making disparaging comments, glaring at opposing counsel, and storming out. That trial did not end well for him.

In an appearance on MSNBC, legal expert David Henderson said these same “antics” could prove to be Donald’s undoing: “You start whining and making faces and pouting in front of the judge, what tends to happen in a trial is … that can affect the outcome of the case,” he said.

7. Donald’s lawyers get a victory … quickly followed by another loss

Justice Merchan ruled that the infamous “Access Hollywood” tape can’t be played in trial because it might be prejudicial, but quickly decided that Karen McDougal, an actress and model who alleged she also had an affair with Trump, could testify herself. 

8. The first day of the trial ends without a single juror selected

Ninety-six New Yorkers walked into the courthouse today as prospective jurors. 

Exactly zero were selected. In fact, more than half were quickly dismissed “because they said they did not think they could be fair and impartial.” Only nine have gone through the jury questionnaire.

One interesting piece of data stood out to me: “none had said they’d worked or volunteered” for Donald’s campaign. 

9. Donald “gets in his lawyers face” and pushes him to fight harder

As of this morning, Donald’s legal team had failed to submit their exhibits to the justice who was not pleased. 

According to MSNBC’s Katy Tur, Merchan told them their evidence would be disallowed from trial unless they presented it in 24 hours, Donald was “getting into his lawyer's face” to demand he fight harder for a longer deadline.

Sounds like his trial is already off to a great start … at least for the rest of us.

10. Donald’s poll numbers are dropping

With Donald’s historic criminal trial just getting started and the 2024 election less than seven months away, Donald has even more bad news to contend with: His approval ratings are declining rapidly. 

A recent survey conducted by Reuters/Ipsos shows that Biden has increased his lead over Donald from a single point in March to FOUR POINTS in April. This noticeable shift in public opinion is significant, particularly considering that Donald was ahead of Biden by five points in a poll conducted in January. 

The fact that Donald is not the official Republican candidate, his conduct in the courtroom, and the outcome of the trial could all sway public opinion.

Consider this significant detail: A separate Reuters/Ipsos poll showed only HALF of Republicans say they would vote for Donald if he’s convicted of a crime. T-minus six to eight weeks . . .