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Trump has only spoken 3 words so far into the court record
From pool reporter
On the first morning of his trial, Donald Trump has spoken just three barely audible words into the record.
He said "Yes" three times as he was read his so-called "Parker warnings," which advise defendants that they are entitled to assist in their defense by being present in court, but can lose that privilege if they voluntarily absent themselves from the trial or they are removed from court for reasons of misconduct.
Court is taking a lunch break
Court will be on a lunch break until 1:30 p.m. ET.
Trump attorney argues the 3 social media posts do not violate gag order
Trump attorney Todd Blanche argued in court that the three Donald Trump social media posts that prosecutors are pointing to do not violate the gag order.
While the prosecutor was reading the posts, Trump could be seen leaning forward with his elbows resting on the defense table.
Blanche said the witnesses frequently make statements about Trump. "It’s not as if President Trump is going off and targeting individuals. He’s responding to salacious repeated .. attacks by these witnesses," the attorney argued.
The judge is yet to rule on the matter.
Prosecutor: Trump is a criminal defendant and subject to court supervision
"We think that it is important for the court to remind Mr. Trump that he is a criminal defendant. And like all criminal defendants he’s subject to court supervision," Prosecutor Chris Conroy says.
Judge is allowing some evidence and testimony that was previously challenged in Trump's criminal trial
From CNN's Kara Scannell and Jeremy Herb
Here's what evidence is allowed:
- Karen McDougal’s testimony will be allowed: Judge Juan Merchan ruled he will allow testimony of Karen McDougal, who alleged she also had an affair with Donald Trump, but limited the scope of what she can say in her testimony. Merchan said it is not necessary for the jury to hear that Trump continued his affair with McDougal while his wife, Melania Trump, was pregnant and after she gave birth. Trump attorney Todd Blanche unsuccessfully argued that including discussion of McDougal's arrangement with American Media Inc. is not part of the charges against Trump. The district attorney's office has argued the AMI deal, along with the Stormy Daniels hush money payments, shows a pattern.
National Enquirer stories attacking Trump’s opponents will be allowed: Merchan will allow a series of stories from National Enquirer that attacked Trump's opponents during the 2016 election cycle to be used as evidence.He noted that the district attorney's office has demonstrated there was an understanding that certain things would be done and wouldn't be done at AMI, which owned the National Enquirer. The National Enquirer stories were the result of an August 2015 meeting at Trump Tower among David Pecker, Michael Cohen and Trump where they devised the “catch and kill” plan to help Trump.
Prosecutors are introducing a motion to sanction Trump for social media posts
Prosecutors are introducing a motion to sanction Donald Trump for his social media posts they allege violate the judge's gag order.
Prosecutor Chris Conroy told the judge they are seeking permission to hold Trump in contempt for violating the gag order and sanction Trump $1,000 for each of the three posts that violate the order.
Conroy also said that prosecutors want the judge to take down the three posts and to remind the defendant that "further violations could result in jail time."
They also note they want to include his post from this morning, too.
He said it was posted at 9:12 a.m. this morning and it is "entirely possible that it was done while in this courthouse."
The judge has ruled that some evidence is not allowed during Trump's criminal case
From CNN's Kara Scannell and Jeremy Herb in court
Here's what evidence is NOT allowed:
- Infamous "Access Hollywood" tape will not be shown to jurors: Judge Juan Merchan reaffirmed his decision to prohibit prosecutors from showing the infamous "Access Hollywood" tape to the jury. Merchan said he still believes the video itself, in which Donald Trump brags about groping women, "should not come in" because it's so prejudicial.
- Sexual assault allegations against Trump that surfaced after release of "Access Hollywood" tape are not allowed: Merchan also said he will not allow prosecutors to introduce the sexual assault allegations against Trump that surfaced after the tape was made public."They are very prejudicial, and at this point, given what we know today, it was just a rumor," Merchan said. The judge will allow the tapes in which Trump denies the allegations at rallies.
- E. Jean Carroll deposition is not allowed to be used as evidence: Merchan also denied prosecutors’ request to show the deposition from E. Jean Carroll, who accused Trump of sexual assault, because it would be "building in a trial into a trial."
Judge reads Trump his rights during trial
The judge is now reading Donald Trump's rights during trial to him. Trump says he understands.
Trump wants to attend every conference, his attorney says
Attorney Todd Blanche says that Trump wants to attend every conference, including side conferences during jury selection.
