Donald Trump is having a lot of trouble staying awake during his New York court case over alleged hush money payments.

The former President and all-but-certain Republican candidate for the 2024 US election fell asleep in the court room on the first two days of the trial.

Frank G. Runyeon, a court reporter for Law 360, documented one of Trump’s naps on X:

Tweet from @frankrunyeon

Some theories are emerging as to why Trump is having trouble staying awake.

One is what is probably a busy schedule and a lack of sleep, but another that has emerged is to do with what Trump eats.

Food and drink are not allowed in the court room, so Trump is unable to have his high-supply of Diet Coke (and its caffeine) handy.

In 2017 the New York Times reported Trump drunk around 12 Diet Cokes a day while he lived in the White House, reportedly summoning refills via a button on his desk.

Meanwhile, the first seven jurors were selected to serve on Trump’s hush money criminal trial, as the selection process continues to choose a panel of 12 members and six alternates who can be fair to the former US president.

The judge on Tuesday also warned lawyers that he would not tolerate disruptions after saying Trump, the Republican candidate for president in the November 5 election, was audibly muttering while a prospective juror was questioned.

Trump faces 34 felony counts of falsifying business records to cover up a hush money payment to porn star Stormy Daniels shortly before the 2016 election. Daniels says she had a sexual encounter with Trump about a decade beforehand.

Trump has pleaded not guilty and denies an encounter took place. He has called the case, brought by Democratic Manhattan District Attorney Alvin Bragg, a partisan “witch hunt” meant to interfere with his campaign to unseat Democratic President Joe Biden.

The hush money case is one of four criminal prosecutions Trump faces, which also stem from trying to overturn his 2020 loss and alleged mishandling of classified information. He has also pleaded not guilty to those charges, though the other three cases may not go to trial before the election.

The seven jurors selected on Tuesday included a man originally from Ireland who enjoys doing “anything outdoorsy” and watches both MSNBC and Fox News, a woman who works as an oncology nurse and enjoys taking her dog to the park, and a corporate lawyer who said he does not follow the news that closely.

During questioning by Trump’s lawyer Todd Blanche earlier on Tuesday, the nurse said she did not have a strong opinion about Trump.

But, she said, “No one is above the law.”

Jury selection began on Monday and could last at least a week. The process so far has highlighted the challenges of choosing a group of impartial jurors from heavily Democratic Manhattan.

More than half the initial pool of 96 jurors called were dismissed on Monday after saying they did not believe they could be fair.

In questioning some who remained on Tuesday, Blanche said he did not care about jurors’ politics but wanted to get a sense of whether they could be fair to Trump as an individual.

“It’s extraordinarily important to President Trump that we know that we’re going to get a fair shake,” the lawyer said.

The jurors are anonymous except to Trump and lawyers for both sides.

Several prospective jurors said they did not have strong opinions about Trump, or said their opinions were not relevant to the case.

“If we were sitting in a bar, I’d be happy to tell you,” said one jury candidate, a man who works at a bookstore and enjoys going to Broadway shows.

“But, in this room, what I feel about President Trump is not important.”

Merchan ultimately dismissed the juror.

In questioning jurors earlier on Tuesday, Manhattan Assistant District Attorney Joshua Steinglass said the case was not a referendum on Trump’s presidency.

“This case is really not about whether you like Donald Trump,” Steinglass said.

“This case is about the rule of law and whether Donald Trump broke it.”

With jurors outside the courtroom, Merchan told lawyers for both sides that Trump had been audibly muttering and gesturing while one prospective juror was being questioned. The judge told Trump lawyer Blanche to speak to his client about his behaviour.

“I won’t tolerate that,” the judge said.

“I will not have any jurors intimidated in the courtroom.”

Trump has routinely tested judges’ tolerance during his recent legal woes, and is currently subject to a gag order imposed by Merchan. It bars Trump from making statements about witnesses, court staff and family members that are meant to interfere with the case.

On Monday, prosecutors asked Merchan to fine Trump $US1000 ($1560) for each of three social media posts this month that criticised Daniels and Michael Cohen, Trump’s former fixer who is expected to be a prominent witness in the trial.

Blanche said the former president was only responding to their criticism of him.

Merchan said he will consider the fines on April 23.