Former President Donald Trump’s behavior in his criminal hush-money trial on Tuesday elicited a reprimand from New York State Supreme Court Justice Juan Merchan, who is presiding over the case.
Trump on Monday became the first former president in U.S. history to stand trial in a criminal case. Following an investigation by Manhattan District Attorney Alvin Bragg’s office, Trump was indicted in March 2023 on charges of falsifying business records relating to hush money paid made to adult-film star Stormy Daniels during his 2016 presidential campaign. Daniels alleges that she had an affair with Trump in 2006, which he has denied.
Trump, the presumptive 2024 Republican presidential nominee, has pleaded not guilty to all charges and has said the case is politically motivated against him.
According to Newsweek reporter Katherine Fung, who is in the courtroom for the second day of trial as the jury selection continues, Trump was reprimanded by the bench after he was seen gesturing to a potential juror. Merchan said Trump was clearly audible while doing so.
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The judge responded by stating that he will not tolerate attempts to intimidate witnesses. Trump attorney Todd Blanche then whispered to the former president.
The social media posts of a prospective juror brought into the courtroom were in question over a video “celebrating” the 2020 election. Trump’s legal team had argued that it was “clearly an anti-Trump event.”
Merchan agreed that the video warranted the defense’s request to bring the possible juror in for questioning. The prosecution disagreed, saying it’s someone filming other people celebrating the election results. Trump then appeared to shake his head at the prospective juror.
Newsweek has reached out to Trump’s spokesperson via email for comment on Tuesday.
Following Trump’s reprimand, the potential juror confirmed that it was her Facebook post and acknowledged a “bias exists,” but said she does not believe it affects her ability to be fair and impartial.
She said the video was “just a New York City celebratory moment.”
Merchan last month imposed a gag order on Trump, barring him from making public statements about witnesses, including Daniels and Trump’s former attorney and fixer Michael Cohen, as well as lawyers and staff in the case and their families. The order excluded Merchan and Bragg. It was later expanded to include the families of Merchan and Bragg after Trump made blistering attacks toward the judge’s daughter, Loren Merchan.
The prosecution on Monday introduced a motion to sanction Trump for social media posts that they argue violate his gag order, requesting that Trump be fined $1,000 apiece for three potential violations.
Merchan announced he will hear arguments regarding violations of the gag order at 9:30 a.m. April 23.
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.