New York Supreme Court Justice Juan Merchan spent four hours addressing pretrial matters before commencing jury selection in Donald Trump’s Manhattan hush money trial on Monday.
During that period, with the international press corps closely observing and documenting the events, Todd Blanche, Trump’s lead lawyer, faced a series of criticisms for his legal performance.
During the E. Jean Carroll defamation trial in January, Trump lawyer Alina Habba faced multiple reprimands from Judge Lewis Kaplan. Habba received a total of 14 admonishments in a single day of testimony. This is in stark contrast to the level of impact that Merchan’s actions had on Blanche.
Blanche had experienced such brutality before, and this time was no exception.
Merchan, just like the prosecutors, may be getting tired of Trump’s numerous attempts to delay the trial. The defense team’s “thousands and thousands of pages of frivolous motions,” as described by prosecutor Joshua Steinglass, could also be wearing on them.
In the following paragraphs, I have compiled five judge-burns from Monday’s events. These remarks, presented in chronological order, vary in intensity from minor to scorching, with a touch of humor that could easily make any lawyer blush.
1. “I’ve observed a gradual decrease in the font size.”
On March 8th, Judge Merchan implemented a rule aimed at managing pre-trial motions more effectively. He required the parties involved to seek his approval before filing any new motions, which involved submitting a “pre-motion letter” in advance.
The pre-motion letters had to be concise, limited to just one page.
The judge playfully pointed out on Monday morning that the defense adhered to the one-page limit, albeit sacrificing readability in the process.
Merchan started by clarifying that Mr. Blanche now understands that a pre-motion letter should only be one page. This clarification was necessary because Mr. Blanche had previously filed a pre-motion letter that was accompanied by a 51-page motion and 214 pages of exhibits.
The judge humorously remarked that he noticed the font size has been shrinking and the margins have been getting smaller as well.
2. “I’m amazed at how you were able to file all those motions,” he exclaimed.
In the morning, there was a dispute between the parties regarding the trial exhibits. The defense had not yet informed the prosecutors about the exhibits they intended to present to the jurors during the trial.
The prosecutor, Steinglass, expressed his frustration, stating, “It is quite surprising that we have not received any designated exhibits from the defense thus far.”
Blanche countered that the defense has simply been too busy, Merchan hit him hard.
Merchan informed the lawyer about the current situation, stating, “You have a 24-hour deadline to identify any relevant information. Failure to do so within this time frame will result in the exclusion of any new information, regardless of its validity.”
The defense has been keeping busy, as the judge acknowledged.
According to the judge, the defense team was extremely occupied with actively submitting a multitude of motions. Some of these motions were actually requests to revisit and reconsider decisions that had already been made by the court.
Last week, Trump spent three days in court, unsuccessfully attempting to delay the trial by dragging prosecutors to an appellate court.
The judge reassured Blanche that it was perfectly acceptable for her to make decisions about how she wanted to spend her time. “That’s your call,” the judge said. “You have a full 24 hours at your disposal.”
He added that anything not received by the people within 24 hours would be excluded. No exceptions.
Blanche continued to resist, however.
He complained about the 24-hour deadline, questioning if they were expected to comply while in court for the rest of the day and all day tomorrow.
The judge responded with a snap, expressing disbelief at how all those motions were managed to be extracted.
On Sunday, I received three pre-motion letters from you, along with exhibits and attachments. Surprisingly, you managed to file all of these documents within just 30 minutes.
Merchan firmly stated that the responsibility of how one chooses to allocate their time lies solely with them. He emphasized the importance of following his instructions promptly, stating, “You are directed to do it, and you are directed to do it immediately,” as he addressed the issue of the missing exhibits list.
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“Can you show me where in the original gag order, or the subsequent gag order, it explicitly allows for an exception if Mr. Trump believes he is being targeted? I don’t remember including that provision in either of the gag orders.”
In a trio of attacks posted earlier in April, the former president, Donald Trump, violated his gag order by targeting key witnesses, Michael Cohen and Stormy Daniels, according to prosecutors on Monday.
At 9:12 a.m. on Monday morning, a fourth post violating Truth Social’s guidelines was published. The post targeted both Daniels and Cohen, leading to a complaint from prosecutor Chris Conroy to the judge.
Conroy added that it is entirely possible that the action was carried out from this courthouse.
According to Blanche, Trump has no other option but to retaliate against Daniels and Cohen.
Blanche expressed her frustration with Daniels’ and Cohen’s relentless stream of disparaging threats, as they continued to discuss their testimony in the case and President Trump’s ongoing reelection.
Blanche was instructed by the judge to submit a written response, outlining the reasons why Trump should not be held in contempt for disregarding the gag order.
The judge took a momentary pause before responding, injecting a hint of sarcasm into his words, “I cannot seem to recollect including that particular detail in either of the gag orders.”
4. “Counsel, it is crucial to adhere to scheduled breaks.”
Later that day, outside the hearing of potential jurors, Merchan reprimanded Trump’s lawyers for their tardiness in returning to court after their afternoon break.
“We can gather the jury so that we can proceed with our progress.”
“Do you believe he shouldn’t be here at all right now?”
Blanche, before the end of the day’s court session, approached the judge with yet another request. However, not a single juror had been selected at that point.
“Can Trump take off next Thursday to attend the US Supreme Court hearing in another one of his criminal cases?” he asked.
The Supreme Court will consider arguments regarding the ex-president’s extensive claims of immunity. The former president argues that these claims shield him from charges brought by Justice Department Special Counsel Jack Smith. Specifically, Smith accuses the ex-president of unlawfully attempting to overturn the results of the 2020 presidential election.
Trump’s lawyers had ample time to address the issue, as the Supreme Court date was set in early March. However, they chose to bring it up only on Monday, April 25.
Joshua Steinglass, one of the prosecutors, urged Merchan to ensure Trump’s presence in his New York case, emphasizing the importance of treating him like any other criminal defendant.
Steinglass expressed his belief that the defense had already been accommodated enough.
Merchan recognized the significance of presenting arguments before the Supreme Court, acknowledging that it is indeed a momentous occasion. However, he emphasized that assembling a jury consisting of twelve jurors and six alternates is equally momentous.
Blanche expressed her protest, highlighting the numerous criminal cases against Trump, which she found to be incredibly unusual. She firmly stated her belief that Trump should not be present in his current position.
Merchan couldn’t believe what she was hearing. “You really think he shouldn’t be here at all right now?” she asked, with a hint of disbelief in her voice.
Blanche clarified that his intention was simply to express his belief that the trial should not take place during “campaign season.”
Merchan snapped, stating that he had already made a ruling. He emphasized that the criminal defendant in question was obligated to be present in the New York County Supreme Court, but not in the Supreme Court.
“He will be coming here next week,” he continued.
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