Stormy Weather TFG on Criminal Trial in NYC

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still via @KlasfeldReports

A Sandoval hearing establishes the permissible scope of cross-examination in order for the defendant to make an informed decision about whether to testify.

The notice shows that, for Trump, the list of prior bad acts, is quite long.

The judge could trim it down, finding some inadmissible. They include:

* Civil fraud judgment
* Gag order violations
* E. Jean Carroll sexual abuse & defamation verdicts
* Sanctions for "frivolous" RICO suit vs. Clinton
* DANY case vs. Trump Org
* NYAG case vs. Trump Foundation

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Full document. It's 3 pages and easy to follow

https://www.documentcloud.org/documents ... tice-filed

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Today they tried screaming about the number of strikes available during voir dire. Even I wondered if they were fully aware that there is a limit to them in NYS. #onlythebestpeople

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Adam Klasfeld
@KlasfeldReports
·
2m
Another note

The DA opens his notice with what he calls a "list of all misconduct and criminal acts" to confront Trump with on cross-ex.

It's important to remember: Some civil suits Trump lost accused him of crimes, like E. Jean Carroll's rape case and the NYAG's fraud case.

That's one reason for the need, under NY precedent, for a hearing in Trump's prosecution to determine whether he can be confronted with "criminal acts" with which he hasn't been charged in this case.

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Adam Klasfeld
@KlasfeldReports
·
11m
NEWS

A 12-person jury has been selected for Trump's first criminal trial in New York.

After a flurry of peremptory and for-cause challenges, jury selection progressed in a fast and furious fashion.

An alternate already has been chosen.

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Now he has to go to Barron's high school graduation.

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Kyle Griffin
@kylegriffin1
Breaking on
@MSNBC
:

Trump attorney Todd Blanche asked who the DA's Office plans to call as their first three witnesses. Joshua Steinglass from office refused on the basis that Trump has been tweeting about them.

Judge Merchan said he doesn't blame the DA's office. Blanche said Trump won't tweet about the witnesses — to which Merchan said Blanche can't promise that.

Merchan refused to order the DA's office to name its first three witnesses.

Katie Phang
@KatiePhang
Normally, professional courtesy and sometimes even the judge’s own courtroom procedures would have the lawyers advising as to witness order so both sides can be prepared.

Judge Merchan is clearly signaling to Trump that he isn’t going to let him interfere with these witnesses and their testimony. The defense will just have to figure it out when these witnesses are called.

[patrick]

Read where Trump is doing his usual delay tactics on FL case saying his main attorney is dealing with the Daniels' case

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He also had a phone in court today and his lawyer made him put it away.

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Katie Phang
@KatiePhang
Katie's Sidebar:

Ok, so we've got a jury of 12 plus 1 alternate so far.

The jury of 12 is 7 men and 5 women. The alternate is female. Tomorrow, another round of 96 prospective jurors return so ideally we get another 5 alternates.

Next week, scheduling looks like this: both Monday and Tuesday will be court days and trial will be held until 2 pm ET on both dates.

[Trump tried to get Tuesday off and the judge said "no."]

[Owendonovan]

I'm rather impressed a jury was picked in only 2 days. Sounds like some potential jurors spoke very freely of their distaste for the defendant while he was in the courtroom. Had to be satisfying.

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Adam Klasfeld
@KlasfeldReports
·
56m
The afternoon session begins:
Trump has entered the courtroom and is seated at the defense table with his attorneys.

Trump's attorney Emil Bove begins his arguments in the so-called Sandoval hearing, seeking to prevent prosecutors from invoking other prior bad acts on cross-ex if his client takes the stand.

Bove raises the issues in the E. Jean Carroll litigation, noting that the events in that case date back to the 1990s.

He argues Carroll's case is also unrelated to this one.

"Are they making allegations of sexual misconduct?" he asks, referring to the DA. "I don't think so."

Invoking the Carroll case in Trump's criminal trial "pushes the salaciousness to another level," Bove adds.



Such findings, the judge said, appears to fall "squarely" into Sandoval.

The judge reserves decision on all of the Sandoval-related matters, promising to provide a ruling by Monday morning.

Reminder:

These Sandoval issues matter ONLY if Trump takes the witness stand, determining the permissible scope of cross-examination.

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Adam Klasfeld
@KlasfeldReports
Trump's attorney Susan Necheles pushes again to get the names of the DA's first few witnesses, saying they need to be ready for trial.

Justice Merchan says they won't delay that trial.

Necheles: "We don't want to."
Merchan (emphatically): "You won't."

Prosecutor:

"We are not supplying the names of the witness to a defendant who contumaciously"* assails witnesses on social media.

The judge calls that explanation compelling.

As what the prosecutor calls a courtesy, he agrees to release one witness name to the defense's counsel on Monday.

But if it's tweeted, that won't happen again, he says.

* Note new what we used to call 50 cent word

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Katie Phang
@KatiePhang
NEW: Trump’s application to the appellate court for a stay pending resolution of his change of venue motion has just been DENIED.

On his way out of court Trump is asked by media if he will testify and he answers: “Yes.”