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The judge overseeing former President Donald Trump’s criminal trial expressed concern on Tuesday during jury selection when Trump appeared to mutter something in the direction of a potential juror. Trump’s lawyers questioned a potential juror about her social media posts celebrating Trump’s loss in the 2020 election. Judge Juan Merchan noted that Trump was “muttering” and gesturing near the potential juror, stating, “I will not have any jurors intimidated in this courtroom” and instructing Trump’s attorney to address his conduct.

Despite the judge’s warning, Trump was not dismissed as the defense wanted, but a different juror was dismissed for celebrating the overturning of Trump’s travel ban in a social media post. Prosecutors criticized Trump’s attorneys for focusing on potential jurors’ social media reports, calling it a “conceptual problem.” Trump’s spokesperson has not yet responded to requests for comment on the matter.

The trial, in which Trump faces 34 counts of falsifying business records, is expected to last approximately six weeks from the start of opening arguments. Trump could face prison time if convicted, although legal experts believe it is unlikely as he is a first-time offender. Concerns remain about how Trump will behave during the trial and what consequences he could face as a result. Failure to show up in court could lead to his immediate arrest and imprisonment for contempt of court.

Trump was indicted in March 2023 for allegedly falsifying business records related to payments to Michael Cohen, who had paid Stormy Daniels to cover up her allegations of an affair with Trump. Trump allegedly paid Cohen through the Trump Organization, falsely labeling the payments as legal expenses. Trump has pleaded not guilty to the charges. Jury selection began on Monday with potential jurors undergoing questioning about their impartiality in the case.

As the trial proceeds, Trump could face additional consequences for violating a gag order against him. Prosecutors have requested a $3,000 fine for Trump’s social media comments criticizing potential witnesses, and a hearing on this issue is scheduled for next week. Trump could be removed from the courtroom or held in contempt if he continues to be disruptive. The trial is still in the jury selection phase, with 12 jurors and six alternates expected to be seated before opening arguments commence on Monday.

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