Question 1

How does jury selection begin?

Accepted Answer

Hundreds of prospective jurors, all of them from Manhattan, will be called into the courtroom of the presiding judge, New York Supreme Court Justice Juan Merchan. The judge will introduce the case, the defendant and the attorneys, then go over some basic legal concepts. Merchan will then invite anyone who believes they can’t be fair or impartial in the case to excuse themselves. Given Trump’s notoriety, this is all but certain to be a large group. Normally, those jurors would have to explain to the judge — in the presence of the attorneys and potentially the defendant — why they should be let go. But here, in a crowded courtroom with such a high-stakes case, Merchan said the process would be “time consuming and of no benefit.” This group will be allowed to leave immediately.

Question 2

What questions will other prospective jurors be asked?

Accepted Answer

The judge will start with screening questions involving age, citizenship and their ability to communicate in English, then move on to questions about their employment, families and media consumption. “All of these pedigree questions are intended to scope out a potential conflict,” said Robert Gottlieb, a New York defense attorney and former assistant district attorney in Manhattan. Prospective jurors who aren’t excused during questioning will go on to answer specific questions about Trump, such as whether they’ve attended a Trump rally, follow him on social media or have read any of his books. Other questions — the judge has outlined 42 total — cut to the heart of the case. One asks whether prospective jurors have opinions about campaign contribution limits. Another asks whether they belong to extremists groups such as the Proud Boys or antifa.

Question 3

What type of jurors are both sides looking for?

Accepted Answer

Prosecutors and Trump’s defense team will have an opportunity to question prospective jurors about their responses and can huddle with the judge and juror in a sidebar — so others in the room can’t hear — to discuss any private issues that come up. Each side will be vying for jurors they believe will render a verdict in their favor and looking for strategic ways to cut those who might not. This isn’t as simple as finding jurors who like or dislike Trump, lean one way or another on the political spectrum, or watch Fox News instead of MSNBC. Jury selection is the one time in a trial when the attorneys can converse with prospective jurors. Lawyers use that opportunity to feel out whether the candidates are amenable to the arguments each side plans to make. “In jury selection, we are trying to accomplish many goals, one of which is establishing a relationship with the jury. If we are liked, they are more likely to like our client,” said Steven Epstein, president of the New York State Association of Criminal Defense Lawyers. “I will also introduce them to my theory of case to identify jurors who may or may not be inclined to accept our arguments, and it is essential to find out as much about the jurors as possible.” Each side will have unlimited opportunities to challenge a prospective juror for cause, meaning there’s a specific reason they can’t be fair or impartial. The parties also have 10 peremptory challenges that allow them to challenge a juror without stating a reason. Each side also gets two strikes for each alternate juror. The judge will consider the challenges with the attorneys, out of earshot of the jurors, Trump and news reporters, before moving on.

Question 4

How long will jury selection take?

Accepted Answer

The process could easily stretch weeks. Trump is one of the most well-known public figures in the world, and people tend to have strong opinions about him. Finding jurors who can show they’re capable of setting aside their personal feelings and render an impartial verdict will take considerable time and effort.

Question 5

How is this jury selection different from others?

Accepted Answer

The basic process is the same as any other trial, albeit with Secret Service in the room and that first group of potential jurors being quickly excused if they say they cannot serve. In addition, jurors in this case will be chosen against a backdrop of intense political polarization, rampant misinformation campaigns on social media, and a presidential election that is rapidly heating up — all of which is bound to weigh heavily on the process. “There are so many extraneous, unrelated issues that are clouding people’s view of the truth, of reality. You’ve got the politicization of everything everyone does and says. You don’t see that in other trials,” said Gottlieb, the former assistant district attorney. “There’s no accounting for what impact the division and turmoil and hatred that exists in this country will have.”

How jurors will be picked for Trump’s New York hush money trial

Potential jurors will respond to a detailed questionnaire and answer follow-up questions from prosecutors and defense lawyers

Trump New York hush money case