Former President Donald Trump arrived at a Manhattan courthouse Monday as his first criminal trial is slated to get underway with opening arguments, kicking off weeks of testimony that could ultimately lead to Trump being convicted of up to 34 felony counts.
Trump addressed reporters before entering the courtroom Monday, decrying the case and claiming it is “election interference” designed to hurt him in the presidential election.
Opening arguments are set to begin following a week of jury selection in the case, as the court seated 12 jurors and six alternates from a jury pool of Manhattan residents.
Trump has been charged with 34 felony counts of falsifying business records based on reimbursement payments he made to ex-attorney Michael Cohen, who paid adult film star Stormy Daniels $130,000 before the 2016 election to cover up allegations she and Trump had an affair.
After opening arguments, prosecutors are expected to call former American Media CEO David Pecker as the first witness, who entered into an agreement with Trump before the 2016 election to “catch and kill” negative stories about him.
As the criminal defendant, Trump is required to attend the trial unless he’s explicitly excused—and can face penalties including imprisonment if he doesn’t show up or otherwise disrupts the trial.
The trial is expected to last for approximately six weeks once it gets underway on Monday. While it’s still unclear who exactly will be called to testify, prosecutors told jurors last week that potential witnesses could include Daniels, Cohen and key Trump allies including ex-attorney Rudy Giuliani, former advisor Steve Bannon, White House advisor Kellyanne Conway and Trump’s children Eric Trump, Donald Trump Jr. and Ivanka Trump. It also remains to be seen whether Trump will testify during the trial. While he’s told reporters multiple times that he does plan to take the stand, it’s still not guaranteed, given how legally risky it could be for him to do so.
What punishments Trump could face if he’s convicted. Each count Trump has been charged with is punishable by up to four years in prison and a $5,000 fine—meaning he could be sentenced to a maximum of 136 years in prison and a $170,000 fine if he were convicted on every count, though that’s unlikely. Legal experts largely believe Trump is unlikely to be sentenced to prison as a first-time offender. Trump also could be punished even before the jury’s verdict, however, should he be found to have violated a gag order that bars him from speaking about potential witnesses, jurors and others in the case. A hearing will take place Tuesday after prosecutors accused Trump of already violating the order seven times, and if Judge Juan Merchan agrees, Trump could be fined up to $1,000 for each violation—or potentially even thrown in prison.
Trump was indicted in March 2023 following a yearslong investigation by the Manhattan district attorney’s office. Prosecutors allege that Trump violated the law when he repaid Cohen for his $130,000 check to Daniels, reimbursing his then-attorney $420,000—also covering a separate expense, bonus, and enough to cover taxes—in a series of payments made throughout 2017. Prosecutors allege those reimbursement checks were paid through the Trump Organization and falsely labeled as legal expenses, while Trump’s attorneys maintain they were personal expenses. Trump has pleaded not guilty to the charges against him and blasted the case as a “witch hunt.” The ex-president has so far attended every day of his criminal trial so far, though he asked the judge—without success—to skip the trial this week when one of his separate criminal cases comes up before the Supreme Court on Thursday. Press reports suggest Trump repeatedly fell asleep while jury selection was underway last week.
