After explaining the #law in abstract, Justice #Merchan now illustrates how it applies to the charges in question. He says that, to find #Trump guilty of the first charge, jurors would have to find that Trump, personally or acting in concert w/ others, made or caused a false entry in business records, specifically an invoice from Michael Cohen dated Feb. 14, 2017.
Jurors would also have to find that #Trump caused that false record w/ #intent to defraud — w/the goal of keeping it secret — & that he either intended to commit another crime or aid the commission of another #crime.
Justice Merchan doesn’t go into this much detail for every count, but explains which document each count pertains to.
There are 11 invoices from #MichaelCohen, 12 entries in the #TrumpOrganization’s general ledger & 11 checks, 9 of them signed by Trump.
Prosecution argued all of the records were related to reimbursements to #MichaelCohen for the #HushMoney. Defense argues they were for legal services, an argument #Trump has contradicted before in #legal filings & elsewhere.
#Merchan gets to the 34th count — a check dated Dec. 5, 2017. He repeats the definition of falsifying business records, giving jurors a chance to process the complex charges, where each single count includes within it at least 2 other potential crimes.
Justice #Merchan explains again the potential #UnlawfulMeans that jurors could decide #Trump or other conspirators used to aid Trump’s election in 2016.
Merchan explains #motive — & its difference from #intent.
Intent means “conscious objective or purpose,” motive is “the reason why a person chooses to engage in #criminal conduct.”
Jurors must consider Trump’s intent, but prosecution did NOT have to prove motive.
Justice #Merchan explains the details of the #verdict sheet & the way that #deliberations work, including that #jurors will be kept in the #jury room while they deliberate & they cannot leave while they are discussing the case. They are asked to give their cell phones & other devices to court officers while they deliberate.
“That concludes my instructions on the #law,” the judge says. He asks the lawyers to approach the bench.
When they are deliberating, jurors can communicate w/the judge — if they have questions or want to hear testimony again for example — by sending jury notes. The judge asks the foreperson to sign each note w/their number, not their name. He also asks that the foreperson include the date & time of each note.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
Justice #Merchan speaks to the jury alternates, who have also sat through the entire #TrumpTrial. The alternates are not being excused, Merchan says.
If one of the 12 jurors is unable to continue deliberating for any purpose, an alternate steps in. They remain on site, so they can tag in if necessary. Without an alternate the case would be ruled a mistrial & it would have all been for nothing.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
Justice #Merchan commends the jury alternates for paying attention. The judge, who often watches the jury for attentiveness in case they need a break, praises one alternate in particular who went through “several notebooks” taking down notes.
Jurors 4 & 6, a man & a woman, are gathered around a laptop w/a paralegal for the prosecution. #Trump defense atty Todd #Blanche stands behind the computer looking on.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
The male juror prepares to take the computer & the paralegal seems hesitant. “He can take it,” Justice #Merchan says. The 2 jurors leave the room.
All the trial exhibits are on that laptop, which could help speed up the #deliberations: the jurors will not have to request specific documentary #evidence they wish to review. Nor will they have to view it in the courtroom, which takes time to setup.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
#Trump leaves the courtROOM.
He cannot leave the courtHOUSE while the #jury is deliberating, Justice #Merchan informs him.
Outside the courtroom Trump spews a bunch of inciting lies attacking the justice system, democracy, the country, the judge… his basic “I’m a victim” BS.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney