Barely hours after New York State Supreme Court Judge Juan Merchan gave Donald Trump the same set of rules requiring him to appear in court as all other criminal defendants, the ex-president’s attorney requested his client be allowed to skip trial next Thursday to attend the U.S. Supreme Court arguments on his immunity claim.

“If you do not show up there will be an arrest,” Judge Merchan had told Trump Monday at the start of his criminal trial, according to MSNBC’s Jesse Rodriguez. Trump is facing 34 felony charges for falsification of business records related to his alleged attempts to cover up hush money payments in an effort to protect his 2016 presidential campaign.

Judge Merchan had read from the same rules that apply to all defendants, but right at the end of day one of trial Trump attorney Todd Blanche made his request.

MSNBC’s Lisa Rubin reports, “after the potential jurors are gone, the fireworks start after Blanche asks Merchan to allow Trump to attend the SCOTUS argument on presidential immunity next Thursday, 4/25.”

READ MORE: ‘What Will Happen in the Situation Room?’: Trump Appearing to Sleep in Court Fuels Concerns

“The Manhattan DA’s office opposes the request, saying they have accommodated Trump enough,” MSNBC’s Katie Phang adds, citing Rubin’s reporting.

Judge Merchan “acknowledges a Supreme Court argument is a ‘big deal,’ but says that the jury’s time is a big deal too. Blanche says they don’t think they should be here at all, suggesting that the trial never should have been scheduled during campaign season.”

“That comment appeared to trigger Merchan, who asked, voice dripping with incredulity, ‘You don’t think you should be here at all?'” Rubin writes.

“He then softly asks Blanche to move along from that objection, on which he has already ruled. Merchan then got stern, ruling that Trump is not required to be at SCOTUS but is required, by law, to attend his criminal trial here.”

“Your client is a criminal defendant in New York. He is required to be here. He is not required to be in the Supreme Court. I will see him here next week,” Judge Merchan told Blanche, CBS News’ Scott MacFarlane reported.

That was not the only request Trump’s attorneys made to have their client excused from the criminal proceedings.

Lawfare managing editor Tyler McBrien reports, “Blanche says that the campaign has taken pains to schedule events on Wednesdays and asks Merchan if Trump be excused from any hearings that take place on Wednesdays, when the jury is in recess. Merchan says he will take this into consideration.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

Blanche also asked Judge Merchan to allow Trump to skip trial to attend his son Barron’s high school graduation. While the judge has yet to rule, Trump told reporters at the end of day one of trial, “it looks like the judge will not let me go to the graduation.”

The judge told Trump, “I cannot rule on those dates at this time.”

But Trump told reporters, “It looks like the judge isn’t going to allow me to escape this scam, it’s a scam trial.”

Watch below or at this link
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Trump complains he won’t be able to attend his son Barron’s high school graduation because he has to attend his New York hush money trial:

“He’s very proud of the fact that he did so well and was looking forward for years to have graduation with his mother and father there.” pic.twitter.com/oM7dAo8ljv

— The Recount (@therecount) April 15, 2024

Donald Trump’s apparent sleeping in court on day one of his criminal trial for alleged business fraud related to a cover-up of “hush money” election interference has critics concerned.

While initial reactions to the news largely mocked him as “Sleepy Don,” or “Drowsy Don,” political and legal experts are wondering if the 77-year old ex-president would be able to stay awake during times of crisis, when an alert president would be critical to the nation’s security.

RIP Sleepy Joe.

Hello #DrowsyDon! pic.twitter.com/39KtsjYTOx

— Rep. Eric Swalwell (@RepSwalwell) April 15, 2024

The New York Times‘ Maggie Haberman, the longtime “Trump whisperer,” reported the ex-president “seemed alternately irritated and exhausted Monday morning,” “appeared to nod off a few times, his mouth going slack and his head drooping onto his chest.” She added the ex-president’s attorney “passed him notes for several minutes before Mr. Trump appeared to jolt awake and notice them.”

READ MORE: ‘Staged Photo Op’ of Trump With Black Chick-fil-A Patrons Was ‘True Retail Politics’ Says Fox News

Haberman followed up her Times article with a CNN appearance detailing more of what she saw. The Guardian‘s Victoria Bekiempis, MSNBC’s Katie Phang, and others also reported Trump was seen nodding off.

Critics raised concerns that question Trump’s ability to perform the duties of President.

“If Trump is too old and weak to stay awake at his own criminal trial, what do you think will happen in the Situation Room?” asked former senior advisor to President Barack Obama Dan Pfeiffer.

Philadelphia Inquirer columnist Will Bunch invoked Hillary Clinton’s famous “3 AM phone call” ad from the 2008 campaign, and wrote:

“2008: Which candidate can handle the 3 a.m. phone call?

2024: Which candidate can handle the 3 p.m. phone call?”

Several also noted that Clinton, the former U.S. Secretary of State, testified for 11 hours on live television before a congressional committee and did not fall asleep. Some also noted that President Joe Biden sat for a five-hour deposition with Special Consul Robert Hur and did not fall asleep.

READ MORE: ‘Not a Good Start’: Judge Slams Trump’s ‘Offensive’ Recusal Claims as a ‘Loose End’

Calling it “simply incredible,” professor of law, MSNBC/NBC News legal contributor and former U.S. Attorney Joyce Vance asked, “If he can’t keep his eyes open when his own liberty is at stake, why would Americans have confidence he’s capable of focus when our country’s interests require sound presidential leadership?”

MSNBC contributor Brian Tyler Cohen commented, “To be clear, ‘Sleepy Joe’ is awake and criss-crossing the country, while Trump is literally asleep at his own criminal trial.”

Former journalist Jennifer Schultz observed, “Moment of truth for all the legacy media outlets who hyped the Biden age stories. Now we have actual evidence of the other candidate falling asleep at a critical time.”

Image via Shutterstock

A Fox personality and Fox News contributor’s social media post on Monday is raising eyebrows, as one U.S. Congressman calls it “jury tampering” and a legal expert suggests it could be “conspiring to commit jury tampering.”

Clay Travis is an attorney and the founder of the conservative “sports and American culture” website Outkick, which was purchased by Fox Corporation in 2021.

His Fox News bio calls him “the founder of the fastest-growing national multimedia platform,” and, “One of the most electrifying and outspoken personalities in the industry,” who “provides his unfiltered opinion on the most compelling headlines throughout sports, culture, and politics.”

READ MORE: ‘Not a Good Start’: Judge Slams Trump’s ‘Offensive’ Recusal Claims as a ‘Loose End’

On Monday, Travis’ account on X, formerly Twitter, displayed a post that reads: “If you’re a Trump supporter in New York City who is a part of the jury pool, do everything you can to get seated on the jury and then refuse to convict as a matter of principle, dooming the case via hung jury. It’s the most patriotic thing you could possibly do.”

“Jury tampering. That’s what they do. *It’s a felony,” wrote U.S. Rep. Eric Swalwell (D-CA) in response.

National security attorney Bradley Moss weighed in, writing, “Clay is arguably conspiring to commit jury tampering here by encouraging someone to deliberately engage in jury nullification. Not a wise move by Clay.”

Former federal and state prosecutor Ron Filipkowski, now the editor-in-chief of MediasTouch, wrote simply, “This is MAGA.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

Sirius XM host Dean Obeidallah, also an attorney, commented, “Hoping Manhattan DA is aware of this attempted jury tampering by Fox News regular Clay Travis.” He also wrote: “This is the exact type of juror tampering I knew Trumpers would engage in. Next Clay will tell Trumpers to bribe jurors or witnesses. MAGA is a cancer!”

Travis, responding to Congressman Swalwell, denied the allegation:

“This isn’t jury tampering you imbecile. I would nullify if I were seated on this jury as a matter of principle. I think all Americans with a comprehension of basic justice should do the same.”