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May 29, 2024 31 tweets 6 min read Read on X
OK - #TrumpTrial jury instructions from Judge Merchan (one hour) then deliberations. Inner City Press Fixer/Cohen audio/book
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Venmo: [at] Matthew-Lee-675
Next book: The Verdict - Live thread belowamazon.com/dp/B0D2M7LGQ5
All rise!
Clerk: This is the People of the State of New York against Donald J. Trump!
Justice Merchan: You were both shown the verdict sheet
Prosecutor: We noted an omission on page 40, for the 34th count it should say the check number.
Justice Merchan: OK
Justice Merchan: Get the jury please.
[Jury entering]
Justice Merchan: Jurors, I will now instruct you on the law. You will not receive copies. I can read them back to you. If you have come to believe that I have an opinion of this case, put it out of your mind
Justice Merchan: In your deliberations you may not speculate about matters related to sentencing. If there is a verdict of guilty, it will be my responsibility to impose sentence. Testimony which was stricken for the record must be disregarded by you.
Justice Merchan: If you wake up and it is not raining but the street is wet, you may draw the inference that it rained overnight... On redactions, you may not draw any conclusion about why it is redacted, or what is redacted
Justice Merchan: Here are some of the limiting instructions I gave you: that AMI entered a conciliation agreement and a non-prosecution agreement; you may not consider that as evidence that the defendant committed a crime.
Justice Merchan: Some exhibits were admitted with a limiting instruction. If you have any questions, just send me a note... Whatever your verdict may be, it may not rest on speculation or bias. You must decide if witnesses testified truthfully or not
Justice Merchan: You may ask, Did the witness have a conscious bias? You may consider if a witness had or did not have a motive to lie. You are not required to reject the testimony of an interested witness.
Justice Merchan: Under our law, Michael Cohen is an accomplice. A defendant may not be convicted on the testimony of an accomplice unless it is corroborated by other evidence.... The offense is falsifying business records in the first degree, 34 counts
Justice Merchan: Under our law, a person is guilty of this when with intent to defraud, with the intent to commit another crime, that person causes the entry of a false business record. Intent means conscious objective or purpose.
Justice Merchan: The first of the People's theories of unlawful means is Federal elections law, including as to the office of the President of the US. Under FECA, a corporation may not make a contribution to candidate or an expenditure in concert with a candidate
Justice Merchan: If the payment would have been made absent the candidacy, it should not be treated as a contribution. There is an exemption for legitimate press functions. The second of the People's theories of unlawful means is to falsify other business records
Justice Merchan: You may consider for example the 1099 issued to Michael Cohen, and his other paperwork. The third theory is violation of tax law, even if it does not result in any underpayment of taxes. We start with the invoice of Michael Cohen in February 2017
Justice Merchan: There are 33 other counts - the only difference is that each count concerns a different business record, possibly a different date... the 34th count pertains to December 5, 2017. Section 17-152 of NY Election law concerns promoting or preventing
Justice Merchan: If you find the People have proven the elements beyond a reasonable doubt, you must find the defendant guilty... Motive is the reason why the person chooses to engage in criminal conduct. Motive is not an element of the crimes charged
Justice Merchan: Your verdict must be unanimous. You must deliberate - discuss, consult, listen, reason together when considering the evidence. You should not hesitate to change your vote if you are convinced. Some took notes - they are only for you
Justice Merchan: If you want testimony read back, ask me. Stricken testimony will not be read back. Under our law, the first juror selected is the foreperson, who transmits notes to the Court. When there is a verdict, the jurors will come back here
Justice Merchan: I will give you a verdict sheet. While you are deliberating, you will be kept together in the jury room. Lunch will be provided. Give your cell phone to the court officers while you are deliberating. The plan is to work today to 4:30 pm
Justice Merchan: That concludes my instructions. Counsel, please approach.
[sidebar]
Justice Merchan: Just don't put your name on the notes, just the number. Wait I have one more question for counsel
[another sidebar]
Justice Merchan: Juror, there's a laptop with the evidence on it. Jurors 4 and 6, you will be shown how to operate it. Step out, with the 6 alternates stepping to the side.
Justice Merchan (to alternates) Every one of you was very engaged. Alternate 3 you went through 3 notebooks, I think. We are not releasing you yet, you may be needed. Hand in your cellphones. Follow the court officers
Justice Merchan: Let's bring Jurors 4 and 6, who volunteered for the laptop, in to show them how to operate it. Mr. Blanche, has your client consented to sending the laptop back?
Trump's lawyer Blanche: Yes.
Justice Merchan: Do not leave the courthouse. You need to get here quickly if we receive a note.
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Jury note alert, on the move...
Justice Merchan: Good afternoon, we received a note.
Justice Merchan: It's signed by the foreperson [by number] at 2:56... The request is for David Pecker's testimony about phone conversation with the defendant, about the decision not to finalize on Karen McDougal's life rights [Pecker: amazon.com/dp/B0D2V212N2
Justice Merchan: Also Mr. Pecker's testimony about the Trump Tower meeting, and Michael Cohen's testimony about that meeting. [Cohen / Fixer book: amazon.com/dp/B0D2M7LGQ5
Justice Merchan: We have a note from 3:51 pm, they say they want the instruction re-read to them. I suggest we bring them out, tell them we're working on the testimony and ask for clarification about the instruction request. Does the laptop have wifi?
Justice Merchan: When we let the jurors go tonight, let's get our hands on the laptop and disable the wi-fi. How many pages are we looking at for the read-backs? Thirty?
[Trump at defendant table is speaking with both Blanche and Bove. Nechless alone at the end
Jury entering!
Justice Merchan: The first note requests David Pecker's testimony on the phone conversation with Donald Trump in NJ meeting & on not to fund McDougal's life right
Pecker's about the Trump Tower meeting
Michael Cohen's about the Trump Tower meeting
Justice Merchan: To tell me how much of my instructions you want read back, you could go back into the jury room and send out a note, you would not have to be brought back in before you leave for the night. Don't talk to anyone about the case, or post about it
Justice Merchan: Tomorrow you could decide to work late, but not beyond 6 pm. Good night.
[Jurors leave]
Justice Merchan: On the first note, do not leave the courtroom until you have agreed on the read-back. Thank you.

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