Jonathan Turley Profile picture
May 29 3 tweets 1 min read Read on X
The request for instructions is particularly interesting. I cannot imagine a need for the instruction unless there was an early disagreement in that room on the evidence and the standards. That could indicate at least one juror who is not convinced by either Steinglass or Blanche saying that this is a no brainer.
...Another intriguing possibility. One threshold issue is whether any of Cohen's testimony should be considered. What if a juror invoked Merchan's instruction that, if Cohen lied on any material point, the jury should feel free to disregard the entirety of his testimony. That would raise whether there is corroboration (as in the Trump Tower) as well as the instruction.
...Obviously, this is all speculation but it gives us something to do!

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More from @JonathanTurley

May 30
Wow. The judge was mistaken. The jury has a verdict. They are not asking to leave early. They have a final decision.
...It is hard to see this as positive for Trump. If there were a hung jury, it was expected to be a minority of hold outs. We will have to wait to see. However, those who bet on Thursday appear prophetic. The judge seemed surprised and was waiting to dismiss them for the day.
...t just seems far too early for an acquittal so the bets are on conviction. The jury clearly has moved beyond whatever impasse existed before sending out its two notes. However, we will all soon know...
Read 7 tweets
May 30
Judge Merchan is saying that the jury will be excused at 4:30.
...no verdict today.
...It is important not to overplay the fact that the jury is electing not to stay until 6. The judge had left it up to them. If they wanted to go longer, it would not bode well for Trump. It clearly shows that they are not in striking distance of a verdict, though that can mean many things including a reflection of the large number of counts.
Read 7 tweets
May 30
In a major victory for free speech, the Supreme Court ruled today 9-0 against New York's Department of Financial Services in National Rifle Association of America v. Vullo. I previously wrote about the case... jonathanturley.org/2024/01/04/gun…
...Once again, the ruling shatters the narrative from the left that this is a dysfunctionally divided court. The court continues to rule unanimously or nearly unanimously in most cases, including important cases like Vullo...
...This case highlights the shameful use of government offices for political purposes by New York officials. In this case, the state agency used its powers to pressure banks and companies to disassociate with the NRA. What is chilling is the support of so many in New York...
Read 4 tweets
May 30
Judge Merchan has erred on the side of inclusion. There was a subsequent request to add more and he approved it. There is another note from the jury.
...The jury is asking for instructions on count one and how to deal with evidence and the inference to be drawn from evidence. He will read pages 7-35.
...The inference instructions are interesting. It is not the corroboration or perjury material that would have presumably focused on Cohen. However, the inference sections would go to how much that can read into the implications of testimony. Much of Cohen's testimony did not concretely establish knowledge or intent by Trump but the prosecutors insisted that they could infer from that evidence...
Read 40 tweets
May 30
I am back in the courtroom. The most telling moment today could come with the jury's response to a question from the judge. At the end of the day yesterday, Judge Merchan asked the jury to tell him if they want the entirety of the jury instructions to be read or just a part of the instructions. A juror may have raised if the entirety of his testimony should be disregarded since the judge said that, if Cohen lied on any material point, the entirety of his testimony could be disregarded. Some may have objected that they are not required to do so and that the judge said that they should look for corroboration. It is actually to different issues. Corroboration goes to the fact that Cohen must be treated as an accomplice and must be corroborated to be given weight. The perjury rule goes to that fact that lying to any part poisons every part of a witness's testimony. If Cohen was the threshold issue, they would likely want to hear the instructions on false testimony and corroboration as well as the Trump Tower testimony which was cited as corroboration by the government. If Merchan comes back and identifies those areas of the instructions, it would seem likely that this could all be about Cohen.ons every part of a witness's testimony. If Cohen was the threshold issue, they would likely want to hear the instructions on false testimony and corroboration as well as the Trump Tower testimony which was cited as corroboration by the government. If Merchan comes back and identifies those areas of the instructions, it would seem likely that this could all be about Cohen.
...There was general agreement on the transcript sections. It amounted to around 35-40 pages. Keep in mind, if the judge reads the full instructions, that took roughly an hour and half before deliberations. They are going to go to 6 pm...
...There is the usual betting pool on a verdict today. I said that I doubted that we would have a verdict yesterday but bets are off going forward. I would still expect that we go into Friday but the responses of the jury this morning could give a slight insight...
Read 4 tweets
May 29
I am back in the courtroom for the instructions.
...This judge has stated that he wants to stay close to the standard instructions. The problem is that this case is anything but standard. We will be looking for some of the outstanding issues, particularly on the standard of proof for key elements like "unlawful means." ...
...Yesterday was chilling as the judge allowed the prosecutors to engage in what some of us view as highly improper arguments. That included effectively testifying on facts not in the record. Merchan's view of "argument" was considerably broader for the prosecution than the defense. For the prosecutors making objections, the strike zone seemed like it stretched from dugout to dugout. For the defense, it seemed the size of a postage stamp...
Read 16 tweets

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