Manhattan Prosecutors file criminal charges for Trump re Stormy Daniels case - ongoing discussion here (Guilty on all 34 counts, May 30, 2024)

Politics & Elections
4861

cnn:

Judge Juan Merchan is now defining reasonable doubt.

“There are very few things that we know with absolute certainty,” he says.

“It is not sufficient to prove that the defendant is probably guilty,” Merchan adds.

“The people must prove beyond a reasonable doubt every element of the crime, including the defendant is the person who committed that crime. The burden of proof never shifts from the people to the defendant,” the judge tells the jury.

Judge Juan Merchan is continuing to instruct the jurors. “Whatever your verdict may be, it must not rest on speculation,” he says.

Merchan tells the jurors their decision should be guided “solely on a full and fair evaluation of the evidence.”

“If you are not convinced beyond a reasonable doubt of the charged crime, you must find the defendant not guilty,” he says, noting the converse is also true.

Judge Juan Merchan tells the jurors that they are the “judges of the facts” and they alone determine the truthfulness and accuracy of witness testimony.

Judge Juan Merchan tells the jurors that if they “find any witness has intentionally testified falsely to any fact,” they can disregard that witness’s testimony — either entirely or just the portions they found to be false.

Judge Juan Merchan continues to give the jury instructions and is now speaking to witness credibility.

He tells the jury they can consider whether a witness hopes or expects to receive a benefit related to the trial or if they have an interest in the outcome of the case.

“You are not required to reject the testimony of an interested witness or to accept the testimony of a witness who has no interest in the outcome of a case,” Merchan says.

Judge Juan Merchan tells the jury that if they find a crime was committed, they must find that Donald Trump committed the crime.

“You cannot convict the defendant of that crime unless you’re also convinced beyond a reasonable doubt that he also committed that crime,” the judge says.

Judge Juan Merchan says the jury cannot convict Trump on the testimony of Michael Cohen alone because he is an accomplice, but they can use it if they corroborate it with other evidence.

“Under our law Michael Cohen is an accomplice,” Merchan says.

“Even if you find the testimony of Michael Cohen to be believable, you may not convict the defendant solely upon that testimony unless you also find it’s corroborated by other evidence,” he says.

Judge Juan Merchan tells the jury, “I will now instruct you on the law applicable to the charged offense. That offense is falsifying business records in the first degree, 34 counts.”

4862

That’s the verdict form. It’s a different thing from the jury instructions. It is preserved for the record and is the basis for the official verdict entered in the case by the Court. Your foreperson had to sign and date it, correct?

4863

Well, at least they can’t complain about it on appeal

4864

LOL, in any other case, you’d be right…

4865

cnn:

In order to find the defendant guilty, Judge Juan Merchan says the jury must be unanimous.

Merchan added that jurors do not need to be unanimous on “whether the defendant committed the crime personally, or acted in concert with another, or both.”

Judge Juan Merchan is continuing to outline the specific charges the jury will consider against Donald Trump.

“A person is guilty of falsifying business records in the first degree when with intent to defraud, which includes the intent to commit another crime or to aid or conceal the commission thereof, he makes or causes a false entry in the records of a business enterprise,” Merchan says.

Judge Juan Merchan is explaining that intent to defraud means conscious objective or purpose.

He says a question naturally arises with how to determine intent.

“To make that determination in this case, you must decide whether the required intent can be inferred beyond a reasonable doubt from the proven facts,” he says.

Merchan is defining several terms relevant to the falsifying business records charge. Intent to defraud “is when his or her conscious objective or purpose is to do so.” Intent does not require premeditation, he says.

A general intent to defraud any person or entity is suffice and it can extend beyond economic concerns.

4866

yes, that is all we had in the room.

we went back to the courtroom with questions a few times.

then we got stuck when one person was unreasonable.

4867

per cnn:

Judge Juan Merchan explains that the jury must determine whether the Trump conspired to promote a person to or prevent a person from public office by unlawful means.

They must be unanimous on that fact but not on the unlawful means.

Merchan explains the prosecution has three theories of those unlawful means:

  • Violations of the Federal Election Campaign Act, otherwise known as FECA
  • Falsification of other business records
  • Violations of tax laws

Judge Juan Merchan tells the jury it is unlawful for an individual to willfully make a contribution to any candidate running for office, including the presidency, exceeding certain limits which in the relevant years was $2,700.

Merchan says that if a payment would have been made even in the absence of a candidacy, then the payment should not be treated as a contribution.

He also outlines how things like editorials and other media activity is not considered a political contribution, “so long as such activity is a normal, legitimate press function.”

4868

It’s amazing what one person can get stuck on. For me, it was the most minor charge the defendant was facing and the room was 11-1 not guilty (but guilty on all the rest). It took us two hours to convince him to be okay with a not guilty vote on something the judge told us he had almost granted the defense’s motion to dismiss.

4869

per cnn:

Judge Juan Merchan describes what the jury must find in count one of the charges against Donald Trump.

The judge said the people must prove each of the following two things:

On or about February 14, 2017, the defendant personally or by acting in concert with another person or persons “made or caused the false entries” in the books of a business enterprise. It is specific to the invoice of Michael Cohen, “Marked as record of Donald J. Trump revocable trust and kept or maintained by Trump Organization.”

And that " the defendant did so with the intent to defraud" which Merchan said includes the intent to commit another crime or to aide or conceal the commission of another crime.

Merchan told the jury they must find the defendant guilty if they believe prosecutors proved both elements of the charge, and not guilty if there’s reasonable doubt about one or both of the elements of the charge.

Judge Juan Merchan explains the tax law violations and says it’s unlawful for a person to willfully produce a tax statement or other document that’s materially false.

Such conduct is unlawful even if it does not result in underpayment of taxes, he notes.

Regarding the unlawful means of falsification of other business records, Merchan says the jury can consider records admitted at trial, including bank records associated with Michael Cohen’s entities Resolution Consultants LLC and Essential Consultants LLC.

They can also consider Cohen’s wire to Keith Davidson, the invoice from AMI’s third party consultant to Resolution Consultants LLC and the 1099 miscellaneous forms that the Trump Organization issued to Cohen.

Judge Juan Merchan is now moving through the 34 felony charges of falsifying business records against Donald Trump and is explaining which business record pertains to each count.

Former President Donald Trump leaned over to briefly speak with his attorney Emil Bove as Judge Juan Merchan read through the 34 felony charges.

Judge Juan Merchan is now reading the entire law of falsifying business records in the first degree as its written in state law.

This includes the definitions for the relevant terms he listed earlier.

Meanwhile, Trump is slouched way back in his chair with his chin resting on his chest.

Judge Juan Merchan is now explaining motive to jurors, and going through the difference between motive and intent.

4870

I’m guessing the ‘every election is a conspiracy’ comment is related to this:

4871

i remember thinking, huh, that could be true… but there are rules to the election “conspiracy”.

4872

per cnn:

Judge Juan Merchan is now on to instructions as to how the jury should deliberate.

“When you deliberate, you should to do with a view toward reaching an agreement, if that can be done without surrendering individual judgement,” he tells the jurors.

Judge Juan Merchan is now telling jurors that any notes they took are for their own personal recollection, and cannot be used by any other jurors or be used in place of evidence or testimony.

Judge Juan Merchan tells the jury that under the law, the first juror that was selected will serve as the foreperson.

Several jurors turned to look at the man seated in the first seat.

Judge Juan Merchan describes the process of how the verdict will play out.

He said the foreperson will be asked if the jury has reached a verdict and then will read out the verdict for each count.

The entire jury will be asked if they agree and at the request of the defense and prosecution, he said, the jurors will be polled individually if they agree with the verdict.

Donald Trump passed another note to his attorney Todd Blanche. Blanche wrote a response, and Trump held the paper up close to his face to read it before placing it back on the table.

Meanwhile, Judge Juan Merchan is describing the process of how the verdict will play out to the jurors.

Judge Juan Merchan says the jurors will be asked to give their cell phones and any other electronic devices to a court officer while they’re engaged in deliberations.

Judge Juan Merchan tells jurors that they may only discuss the case when all 12 jurors are all together.

Judge Juan Merchan has concluded his jury instructions.

He asked lawyers to come to the bench.

“That concludes my instructions on the law, counsel please approach,” Merchan said.

rc: this is it.

per cnn:

Donald Trump passed his notepad to his attorney Susan Necheles while attorneys Todd Blanche and Emil Bove are at the bench.

trump is shaking his head at his seat.

per msnbc: the jury is given a tablet for the exhibits.

per cnn:

Judge Juan Merchan told the jury there is one clarification, which is the foreperson should not sign the note with his actual name.

Merchan asks the attorneys to approach his bench again.

rc: at 11:28 am eastern The jurors are now leaving the courtroom to deliberate. The alternates are staying behind.

the alternates are being told to hand in their electronics. the alternates will be a separate room.

the two jurors are getting instructions on the evidence tablet. they are heading to the jury room.

4873

Like, a few more randos milling around, or a concerning presence that is waiting to erupt and start shit if a guilty verdict comes down?

4874

more random, as the motorcade went to the court there were people along the route, a bit more at the courthouse.

4875

Me to the rest of the jury - “Should we bother sitting down?”

4876

‘the dinner menu is a bit limited. Let’s just get this over with.’

4877

This may be common knowledge, but it’s the first time I’ve come across it so I thought I’d share.

Apparently there is one juror who has been noticed by multiple people to be sending friendly vibes towards trump and his cadre of sycophants as they file in to court every day, nodding along to defense speeches, and perking up when a famous MAGAt walks in to the court.

I wonder if this is a regular juror or an alternate?

4878

the 2 jurors are #s 4 & 6 a software and security engineer.

they have gone back to the jury room. so it begins.
i believe they will start with a big whew! and lunch order.

4879

Though as noted above a single MAGA juror does not get Trump off. A hung jury just means doing all this again. Which would suck for everyone, but so so much more for Trump

4880

Trump in his post-court daily whine about how crooked it all is.

“Mother Teresa couldn’t beat these charges.”

He’s finally learned to lower expectations!