The Latest | First day of Trump's hush money trial adjourns with no jurors selected

NEW YORK (AP) — The first day of Donald Trump 's historic hush money trial ended Monday after hours of pretrial motions and an initial jury selection process that saw dozens of prospective jurors excused after they said they could not be fair or impartial. The court ultimately adjourned without any jurors being seated, with the selection process resuming on Tuesday.

The process involves selecting 12 jurors, plus six alternates. Trump’s notoriety would make that a near-herculean task in any year, but the process is especially challenging now — unfolding as Trump vies to reclaim the White House during a hotly contested presidential election year and in the city where he grew up.

The trial’s start marks an extraordinary moment in American history — it’s the first criminal trial of any former U.S. commander-in-chief and the first of Trump’s four indictments to go to trial.

Trump is accused of falsifying internal Trump Organization records as part of a scheme to bury stories that he feared could hurt his 2016 campaign, particularly as his reputation was suffering at the time from comments he had made about women.

The allegations focus on payoffs to two women, porn actor Stormy Daniels and Playboy model Karen McDougal, who said they had extramarital sexual encounters with Trump years earlier, as well as to a Trump Tower doorman who claimed to have a story about a child he alleged Trump had out of wedlock. Trump says none of these supposed sexual encounters occurred.

Currently:

— Here’s what to know about the hush money case

— How a hush money scandal tied to a porn star led to Trump’s first criminal trial

— A jury of his peers: A look at how jury selection will work in Donald Trump’s first criminal trial

— Tracking the criminal and civil cases against Donald Trump

Here is the latest:

Judge Juan M. Merchan on Monday declined a request from Donald Trump's lawyers to take April 25 off from the hush money trial to allow the former president to attend U.S. Supreme Court arguments on his claim of presidential immunity in another of his four criminal cases.

Defense lawyer Todd Blanche said Trump’s situation deserved accommodation. “It’s not very often that you have someone who has multiple criminal indictments at the same time,” he added.

Merchan said that as a criminal defendant, Trump “is required to be here. He is not required to be at the Supreme Court.”

In response, Trump rolled his eyes, scowled and stood up to leave, as court was adjourning for the day.

In a tender moment Monday afternoon, Judge Juan M. Merchan preemptively excused a man from jury selection for Donald Trump's hush money trial rather than forcing him to possibly miss his child’s wedding on the West Coast in June.

The middle-aged man raised the issue as he was about to answer the jury questionnaire.

“I think we should be done by then but I can’t promise,” Merchan told the man. “Only you can decide if you want to roll the dice. But if you’re with us, you’re with us ’til the end.”

As the man contemplated the potential conflict, Merchan offered to let him go. “I think, to be on the safe side, we should excuse,” Merchan said. “Congratulations,” the judge added, wishing him well on his child’s impending nuptials as he exited the jury box.

More than half of the first group of prospective jurors in Donald Trump's hush money case were excused after telling the judge they couldn’t be fair and impartial. At least nine more prospective jurors were excused after raising their hands when Judge Juan M. Merchan asked if they could not serve for any other reason. Those reasons were not disclosed.

It’s not unusual for potential jurors to want to be excused for a variety of reasons, including having strong feelings about the defendant.

To make the trial more efficient, Merchan said he would prefer to dismiss jurors immediately if they indicated, at the start, that they couldn’t be fair and impartial. That’s a departure from a more common practice of questioning jurors more closely, individually, to see if their claimed lack of impartiality was true.

Trump’s lawyers have argued to an appeals court that he cannot find a fair and impartial jury in Manhattan and therefore the case should be moved elsewhere.

Roughly 100 other potential jurors waited to be called into the courtroom late Monday afternoon. Merchan has said a total of about 200 jurors are in the courthouse for possible selection.

A randomly selected group of 18 prospective jurors in Donald Trump's hush money trial on Monday afternoon began sifting through a litany of preselected questions, touching on their educational backgrounds, news habits, hobbies and ability to be neutral.

Both of the first two prospective jurors said they lived in midtown Manhattan, had never attended a Trump rally and felt they could be impartial.

On a question about whether she had any strong beliefs about the former president, the first respondent paused briefly, then said, “No.”

As the jurors ticked through the list of questions, Trump held a stapled stack of papers close to his face, appearing to follow along with the answers.

Jury selection in Donald Trump's hush money trial began Monday afternoon with an explanation of the case from Judge Juan M. Merchan and the duties of jurors during the trial.

“The jury’s responsibility is to evaluate the testimony and all of the evidence presented at the trial. The trial is the opportunity for you to decide if the defendant is guilty or not guilty,” he said.

Some of the 96 prospective panelists craned their necks to get a look at Trump as they were seated in the back of the courtroom. One giggled and put her hand over her mouth, raising her eyebrows as she exchanged a glance with her neighbor.

About 100 other potential jurors were waiting elsewhere in the building ahead of defense and prosecution efforts to winnow the overall group down to just over a dozen people.

Trump, meanwhile, looked straight ahead, expressionless, with his head slightly cocked to the side.

Outside the courthouse, crowds had dwindled to just over a dozen people. Earlier in the day, dozens of the former president’s supporters had waved flags with slogans like “Trump or Death” and “Trump 2024 Save America.”

Twenty-one-year-old Jay Finkle, a native New Yorker, said he voted for Trump in 2020 and the charges against him don’t affect his plans to vote for him again. “Yeah, this doesn’t matter at all,” he said.

Jury selection in Donald Trump's hush money trial got underway with a group of 96 prospective jurors filing into court mid-afternoon on Monday.

The selection marked the start of the trial and an extraordinary moment in U.S. history. It’s the first criminal trial of any former U.S. commander-in-chief and the first of Trump’s four indictments to go to trial.

The names of all jurors will be kept secret, except to the legal parties. During selection, prospective jurors will be referred to by an assigned number rather than their names.

Twelve jurors and six alternates will be chosen to hear the case. Judge Merchan has written that the key in choosing a juror is “whether the prospective juror can assure us that they will set aside any personal feelings or biases and render a decision that is based on the evidence and the law.”

Merchan said once the panel is finalized, he will get two lists: one containing the jurors’ numbers, the other containing their names and their numbers. The judge said he will then give one copy of each list to the prosecution and one copy of each list to Trump’s defense team.

The lists are “not to be photographed or duplicated, in any way copied in any way shape or form,” Merchan warned.

The judge overseeing Donald Trump's hush money trial will hold a hearing April 24 on prosecutors’ request to fine Trump $3,000 over three social media posts that they say violated the judge’s gag order barring him from attacking witnesses.

Judge Juan M. Merchan said Trump’s lawyers have until April 19 to file their written response. Trump’s lawyer has said the former president’s comments did not violate the gag order.

The gag order bars Trump from commenting publicly about witnesses, prosecutors, court staff and jurors.

Police are investigating a bomb threat at the home of Manhattan District Attorney Alvin Bragg from Monday morning. A police spokesperson said a 911 caller reported the threat shortly before 9 a.m.

Another bomb threat made to the New York Public Library’s Stephen A. Schwarzman Building was unfounded and there was no disruption to service, a library spokesperson said.

Prosecutors have asked Judge Juan M. Merchan to fine Donald Trump $3,000 over three social media posts they say violated a gag order that bars Trump from commenting on witnesses.

The gag order, imposed March 26, bars the ex-president from commenting publicly about witnesses, prosecutors, court staff and jurors. It was later expanded to bar him from talking publicly about relatives of the judge and Manhattan District Attorney Alvin Bragg, though Trump is free to speak about the officials themselves. Trump’s attorneys are fighting the order in an appeals court.

Last week, Trump used his Truth Social platform to call two important witnesses — his former lawyer Michael Cohen and the adult film actor Stormy Daniels — “two sleaze bags who have, with their lies and misrepresentations, cost our Country dearly!”

Prosecutors also called for Trump to be ordered to take down the “offending” posts.

“The defendant has demonstrated his willingness to flout the order. He’s attacked witnesses in the case,” said Christopher Conroy, one of the trial prosecutors.

One of Trump’s lawyers, Todd Blanche, maintained that the three posts in question don’t violate the gag order. He said Trump was just responding to the witnesses’ own public statements.

Judge Juan M. Merchan on Monday agreed to bar prosecutors from eliciting testimony to the effect that Donald Trump’s wife Melania was pregnant while former Playboy model Karen McDougal claimed to have had an affair with him.

Prosecutors can still tell jurors about alleged efforts to suppress McDougal’s story.

McDougal was paid $150,000 in 2016 by the parent company of the National Enquirer for the rights to her story about her alleged 10-month affair with Trump in the mid-2000s. Trump has denied any affair took place.

The charges in the case pertain only to $130,000 in hush money payments made, through Trump’s then-lawyer Michael Cohen, to porn actor Stormy Daniels. She alleged a 2006 sexual encounter with Trump.

But prosecutors also plan to bring up McDougal’s claims and payment, arguing that it’s important context for what they have called a scheme “to influence the 2016 presidential election by identifying and purchasing negative information” about Trump.

Merchan on Monday also blocked playing of the infamous “Access Hollywood” tape, in which Trump described grabbing women sexually without their permission. But Merchan said prosecutors will be able to present internal campaign emails that Assistant District Attorney Joshua Steinglass said contained “powerful evidence of the campaign’s reaction to the incendiary language contained” in the video.

Shortly after court convened Monday, Donald Trump’s attorneys asked Judge Juan M. Merchan to expand the already extensive questionnaire filled out by prospective jurors to weed out people who oppose the former president. Merchan declined the request, dismissing the notion that the jury questions were slanted to the benefit of prosecutors.

Over the coming days, the defense and the prosecution will both jockey for potential advantages as a jury pool of regular people is winnowed down to a panel of 12, plus six alternates.

“There is no asymmetry in the questionnaire when looked through the lens of what we’re trying to accomplish,” Merchan said. “This is by far the most exhaustive questionnaire this court has ever used,” he added.

The National Enquirer helped boost former President Donald Trump’s 2016 candidacy by identifying and suppressing negative stories — a practice known as “catch and kill.”

Judge Merchan said on Monday that such material would be permitted under a state law allowing evidence of alleged prior bad acts.

Trump and his then-lawyer Michael Cohen met with ex-National Enquirer publisher David Pecker at Trump Tower in August 2015 to discuss the supermarket tabloid’s role in helping his presidential run. Assistant District Attorney Joshua Steinglass told the judge the meeting was the root of a scheme to suppress three potentially damaging stories about Trump, including porn actor Stormy Daniels’ claims she had a sexual encounter with him in 2006.

Steinglass said the evidence will show that Trump approved, rejected or suggested changes to flattering National Enquirer stories about him and stories attacking his 2016 Republican primary opponents that were “timed perfectly to achieve maximum impact.”

Trump lawyer Todd Blanche argued the evidence “would do nothing but confuse the jury about the actual crime charged.”

As the court day started, Judge Juan M. Merchan turned down a request that Donald Trump's lawyers had filed asking the judge to recuse himself — a move they also unsuccessfully made earlier in the case.

The Trump legal team pointed largely to the judge’s daughter’s work as a political consultant whose firm has worked for prominent Democrats, including President Joe Biden.

Trump’s lawyers have argued that the daughter’s job represents a conflict of interest for Merchan, and they also claimed she had posted an image of Trump behind bars on social media. The court system said she had closed the social media account before the photo was posted.

Trump’s attorneys also argued that an interview Merchan gave to The Associated Press last month violated judicial rules about not making out-of-court comments about a pending case.

The article, which largely concerned Merchan’s oversight of Manhattan’s mental health court, reported that he declined to discuss the Trump case but said preparations for the historic trial were “intense.”

Merchan added that he was striving “to make sure that I’ve done everything I could to be prepared and to make sure that we dispense justice,” emphasizing his confidence in court staffers.

“There’s no agenda here,” the judge said in the interview. “We want to follow the law. We want justice to be done.”

Donald Trump’s lawyers have requested that the trial not be held on May 17 so that the former president may attend his son Barron’s high school graduation. A Trump lawyer has also requested the trial not be held June 3 so that he could attend his own son’s graduation.

Judge Juan M. Merchan said he was not prepared to rule on either request, but that if the trial proceeds as planned he’s willing to adjourn for one or both days.

“It really depends on how we’re doing on time and where we are in the trial,” Merchan said.

Only one room can watch a livestream of the proceedings in Donald Trump's hush money case — and it’s in the courthouse.

A pair of video monitors are airing the proceeding to an overflow room adjacent to the main courtroom. The room was packed Monday morning with press, court officers and a few members of the public.

Among the attendees was prominent Trump critic and attorney George Conway, who is reporting for The Atlantic. Conway was married to Kellyanne Conway while she served as a senior presidential adviser in the Trump White House.

Ron Sinibaldi, a former accountant from Long Island, said he began lining up at the courthouse just before midnight to ensure he could get inside “for the historic day.”

“I read presidential biographies, I go to presidential libraries, I’m here for the history,” Sinibaldi said. “If they were doing this to Jimmy Carter, I’d be here too.”

Donald Trump supporters rallied outside the courthouse Monday morning ahead of the start of Trump's hush money trial, but members of the media outnumbered them.

Dozens of Trump supporters were outside the courthouse and roughly 40 other individuals were there protesting against the former president.

One group of demonstrators carried a banner that read, “No one is above the law.”

Another group chanted that the judge overseeing Trump’s trial, Juan M. Merchan, should recuse himself. Trump had unsuccessfully pushed for the judge to remove himself from the case.

In the hours before Donald Trump’s expected arrival at the courthouse, his campaign continued to telegraph how they intend to characterize the trial.

At 6 a.m., the former president’s campaign issued a lengthy press release attacking Bragg as “George Soros’s Favorite DA” and labeling the historic proceedings as “The NY Biden Trial.” It’s another indication of how Trump has and will continue to personally vilify those who have brought the case, painting himself as the victim of a politically motivated effort by his rivals to tarnish his candidacy.

Trump has been busy posting on his Truth Social platform this morning, blasting the trial as “rigged” and complaining about the gag order that he has been placed under.

“I want my VOICE back. This Crooked Judge has GAGGED me. Unconstitutional! The other side can talk about me, but I am not allowed to talk about them! Rigged Trial!” he posted.

Former President Donald Trump's motorcade leaves the Criminal Courthouse via the Manhattan District Attorney's office in New York on Monday, April 15, 2024. (AP Photo/Stefan Jeremiah)

Former President Donald Trump, third right, at Manhattan criminal court in New York, on Monday, April 15, 2024. The hush money trial of Trump begun Monday with jury selection. (Jeenah Moon/Pool Photo via AP)

In this courtroom sketch, former President Donald Trump smiles to the jury pool as he is introduced to them at the beginning of his trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York, Monday, April 15, 2024. (Jane Rosenberg/Pool Photo via AP)

In this courtroom sketch, former President Donald Trump smiles to the jury pool as he is introduced to them at the beginning of his trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York, Monday, April 15, 2024. (Jane Rosenberg/Pool Photo via AP)

First Deputy Chief Administrative Judge Hon. Norman St. George visits as former President Donald Trump sits in the courtroom at the Manhattan criminal court ahead of jury selection in New York, NY on Monday, April 15, 2024. (Jabin Botsford/Pool Photo via AP)

Susan Necheles, attorney for former President Donald Trump, returns from a break at Manhattan criminal court in New York, on Monday, April 15, 2024. The hush money trial of former President Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (Jeenah Moon/Pool Photo via AP)

Former President Donald Trump returns from a break at Manhattan criminal court in New York on Monday, April 15, 2024. The hush money trial of former President Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (Jeenah Moon/Pool Photo via AP)

Jason Scoop impersonates former President Donald Trump outside Manhattan criminal court, Monday, April 15, 2024, in New York. The hush money trial of former President Donald Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (AP Photo/Stefan Jeremiah)

A supporter for former President Donald Trump, who only identified herself as Sophia, demonstrates outside Manhattan criminal court, Monday, April 15, 2024, in New York. The hush money trial of Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (AP Photo/Stefan Jeremiah)

In this courtroom sketch former President Donald Trump enters the courtroom with his attorney Todd Blanche at the beginning of his trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York, Monday, April 15, 2024. (Jane Rosenberg/Pool Photo via AP)

In this courtroom sketch former President Donald Trump enters the courtroom with his attorney Todd Blanche at the beginning of his trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York, Monday, April 15, 2024. (Jane Rosenberg/Pool Photo via AP)

In this courthouse sketch drawn from a divided video monitor, former President Donald Trump, lower right frame, center, confers with defense attorney Todd Blanche as Judge Juan Merchan, upper left, and prosecutor Joshua Steingless, lower left, look on during jury selection in Manhattan criminal court, Monday, April 15, 2024, in New York. (Elizabeth Williams via AP)

In this courthouse sketch drawn from a video monitor, former President Donald Trump, right, confers with defense attorney Todd Blanche in Manhattan criminal court, Monday, April 15, 2024, in New York. (Elizabeth Williams via AP)

Margo Martin, center, arrives with former President Donald Trump speaks as he arrives at Manhattan criminal court with his legal team ahead of the start of jury selection in New York, Monday, April 15, 2024. (Jabin Botsford/The Washington Post via AP, Pool)Jabin Botsford/The Washington Post)

Former President Donald Trump arrives at Manhattan criminal court with his legal team ahead of the start of jury selection in New York, Monday, April 15, 2024. (Jabin Botsford/Pool Photo via AP)

Republican presidential candidate Donald Trump appears in State Supreme Court in New York on Monday morning, April 15, 2024, for the first day of his trial on charges of falsifying business records. (Jefferson Siegel/Pool Photo via AP)

Former President Donald Trump speaks as he arrives at Manhattan criminal court with his legal team ahead of the start of jury selection in New York, Monday, April 15, 2024. (Jabin Botsford/The Washington Post via AP, Pool)

Former President Donald Trump attends trial for jury selection at Manhattan Criminal Court on Monday, April 15, 2024 in New York City. (Michael Nagle/The New York Post via AP, Pool)

Republican presidential candidate and former President Donald Trump appears in State Supreme Court in Manhattan on Monday morning, April 15, 2024, for the first day of his trial on charges of falsifying business records. (Jefferson Siegel/Pool Photo via AP)

FILE - Michael Cohen returns to the courtroom at New York Supreme Court, Oct. 25, 2023, in New York. The hush money trial of former President Donald Trump begins Monday, April 15, 2024, with jury selection. It's the first criminal trial of a former U.S. commander-in-chief. The charges center on $130,000 in payments that Trump's company made to Cohen, his then-lawyer. He paid that sum on Trump's behalf to keep porn actor Stormy Daniels from going public, a month before the election, with her claims of a sexual encounter with Trump a decade earlier. (AP Photo/Seth Wenig, File)

FILE - Stormy Daniels appears at an event, May 23, 2018, in West Hollywood, Calif. The hush money trial of former President Donald Trump begins Monday, April 15, 2024, with jury selection. It's the first criminal trial of a former U.S. commander-in-chief. The charges in the trial center on $130,000 in payments that Trump's company made to his then-lawyer, Michael Cohen. He paid that sum on Trump's behalf to keep Daniels from going public, a month before the election, with her claims of a sexual encounter with Trump a decade earlier. (AP Photo/Ringo H.W. Chiu, File)

FILE - Manhattan District Attorney Alvin Bragg speaks to reporters during a news conference, April 18, 2023, in New York. The hush money trial of former President Donald Trump begins Monday, April 15, 2024, with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander-in-chief. Bragg's office has said that Trump was trying to conceal violations of federal campaign finance laws — an unusual legal strategy some experts have said could potentially backfire. (AP Photo/Mary Altaffer, File)

Todd Blanche, attorney for Donald Trump, arrives at Trump Tower, Monday, April 15, 2024, in New York. The hush money trial of former President Donald Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (AP Photo/Yuki Iwamura)

A protestor demonstrates outside Manhattan criminal court ahead of the start of jury selection for former President Donald Trump's criminal trial, Monday, April 15, 2024, in New York. The hush money trial of Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (AP Photo/Stefan Jeremiah)

Supporters of former President Donald Trump demonstrate outside Manhattan criminal court, Monday, April 15, 2024, in New York. The hush money trial of Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (AP Photo/Stefan Jeremiah)

Former President Donald Trump arrives at Manhattan criminal court with his legal team, Monday, April 15, 2024, in New York. The hush money trial of former President Donald Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (AP Photo/Stefan Jeremiah)

Former President Donald Trump leaves Trump Tower on his way to Manhattan criminal court, Monday, April 15, 2024, in New York. The hush money trial of former President Donald Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (AP Photo/Yuki Iwamura)

Former President Donald Trump leaves Trump Tower on his way to Manhattan criminal court, Monday, April 15, 2024, in New York. The hush money trial of former President Donald Trump begins Monday with jury selection. It's a singular moment for American history as the first criminal trial of a former U.S. commander in chief. (AP Photo/Yuki Iwamura)

PHOENIX (AP) — Prosecutors said Monday they will not retry an Arizona rancher whose trial in the fatal shooting of a Mexican man on his property ended last week with a deadlocked jury.

The jurors in the trial of George Alan Kelly were unable to reach a unanimous decision on a verdict after more than two days of deliberation. Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial on April 22.

After the mistrial, the Santa Cruz County Attorney’s Office had the option to retry Kelly — or to drop the case.

“Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney’s Office has decided not to seek a retrial,” Deputy County Attorney Kimberly Hunley told Fink Monday.

Fink agreed to dismiss the case. He said a hearing would be scheduled later to determine if it would be dismissed with prejudice, which would mean it couldn't be brought back to court.

.Kelly's defense attorney Brenna Larkin did not immediately return a request for comment sent by email after Fink ruled.

The 75-year-old Kelly had been on trial for nearly a month in Nogales, which is on the border with Mexico. The rancher had been charged with second-degree murder in the Jan. 30, 2023, killing of 48-year-old Gabriel Cuen-Buitimea outside Nogales, Arizona.

Cuen-Buitimea had lived just south of the border in Nogales, Mexico. He was in a group of men that Kelly encountered that day on his cattle ranch. His two adult daughters, along with Mexican consular officials, met with prosecutors last week to learn about the implications of a mistrial.

The Mexican Consulate in Nogales, Arizona, said it would have a statement later in the day.

Prosecutors had said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men on his cattle ranch, including Cuen-Buitimea, about 100 yards (90 meters) away. Kelly has said he fired warning shots in the air, but argued he didn’t shoot directly at anyone.

The trial coincided with a presidential election year that has drawn widespread interest in border security. During it, court officials took jurors to Kelly’s ranch as well as a section of the U.S.-Mexico border.

Earlier, Kelly had rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.

Kelly was also accused of aggravated assault of another person in the group of about eight people.

FILE - George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Feb. 22, 2023. Prosecutors headed back to court Monday, April 29, 2024, to announce whether they will retry Kelly, an Arizona rancher, after a jury deadlocked in the fatal shooting of a Mexican man on his property near the southern U.S. border. Jurors in the case against Kelly did not reach a unanimous decision on a verdict and the judge declared a mistrial on April 22. (Mark Henle/The Arizona Republic via AP, Pool, File)