Thread by @TylerMcBrien

Good morning from 100 Centre St for verdict watch in Trump’s NY criminal trial.

We’ll start with a rereading of the jury instructions and a readback of select testimony, and then, we wait.

Turn your notifications on, today might be the day.

Then again, it also might not!

If we get a verdict, it won't be until after lunch. Here's why: jurors want that one last free lunch, and nobody wants to deliver a verdict on an empty stomach.

For more hard-hitting legal analysis you've come to expect from @lawfare, stay locked on this thread and @AnnaBower's

It's 9:34 a.m., and Trump is back at the defense table, a much smaller entourage behind him. I see Eric Trump, and Alina Habba as well I believe, as well as real estate investor Steve Witkoff, per Trump's campaign.

All rise, and Merchan is back, he says that he reviewed the disputed areas of the testimony readback, and he takes an all of the above approach: he'll allow all of the disputed sections in.

And we have another note, from 9:32 a.m.: the jury requests a readback of the instructions from how the jury can consider evidence and what may be drawn from it.

Merchan will begin on page 6 (Evidence) until page 35.

nycourts.gov/LegacyPDFS/pre…

And another logistical request about whether the jury may have headphones, and for this, Justice Merchan again takes an all of the above approach: he thinks they can get the jury both headphones AND speakers.

Pretty fancy stuff for a courthouse that everyone calls dingy.

Recall there are several audio exhibits in evidence: Cohen's recording in Trump's office when he says "pay with cash," Cohen-Davidson recordings, and clips of Cohen's podcast, Mea Culpa.

One exhibit the judge did NOT allow into evidence, however, is audio/video of the AH tape.

The jury is back, and Merchan rereads the jury notes from yesterday: 1) 4 Pecker and Cohen testimony requests; 2) a read back of a portion of the jury instructions; 3) a request for headphones.

The press giggles a bit at the seriousness with which Merchan suggests speakers.

Merchan reads through several pages of the jury instructions. Recall the jury does not have a copy during deliberations, though it appears as though Merchan could give them one unless Trump objects, as @kyledcheney notes.

Let's hope they take good notes.

https://x.com/kyledcheney/status/1796142143360078001

After nearly a half hour, Merchan concludes the instruction recap, and we begin the testimony read back. One court staff member reads the part of the lawyer, and her colleague assumes the role of the witness.

They're not monotone, but they're not exactly selling it either.

For some analysis on the testimony read back the jury requested, check out @AnnaBower's thread here:

https://x.com/AnnaBower/status/1795905374853202417

At least our faux lawyer and faux witness simulators have excellent New York accents 🤌 which should make the Cohen testimony read back that much more believable.

For those of you wondering why I've gone quiet...it's because nothing is happening.

For some entertainment while await the jury: @ClaireMeynial was impressed by their substantive first request compared to the Proud Boys jurors, who asked for a stapler.

https://x.com/ClaireMeynial/status/1796130353892975100

Other than a verdict and a question, as @kyledcheney noted, there's another potential sign of jury activity: the Allen charge (aka the deadlock charge)

If the jury suggests they've reached an impasse, the judge may choose to urge them to reach a verdict.
law.cornell.edu/wex/allen_char…

While the state certainly has its quirks, the Allen charge is allowed in New York courts.

For example, Judge Valerie E. Caproni ordered jurors to continue deliberating in the 2018 corruption trial of a former top aide to then-Governor Andrew Cuomo.
nytimes.com/2018/03/06/nyr…

In fact, there's a model Deadlock Charge on the NY courts website. It ends w/:
[D]eliberations can be difficult. Frankly, it wasn't intended to be easy. So, in accord with your oath...please continue to deliberate with a view towards reaching a verdict. nycourts.gov/judges/cji/1-G…

Back to the question of verbal-only jury instructions, @rparloff shared with me one school of thought he heard from a judge he clerked for, that if you give the jury a copy of the instructions, they may home in on one phrase out of context and give it too much weight...

...sort of a missing the forest for the trees idea. That's just one theory, and various judges differ on the practice.

And of course, it's still possible that Trump objected to it at some point behind closed doors, not in public court.

With thanks to @joshuajfriedman, some more context and schools of thought here: "a 2005 NY courts report surveyed judges, attorneys, and jury members on the prospect of giving jurors copies of final instructions. Judges and juries thought it was great; attorneys weren't so sure"

To give people a sense of how the press is feeling right now: I must have left the press waiting room area a little too quickly, because another reporter nearly jumped up and followed me out the door, thinking there was a jury note.

The prosecutors have entered the courtroom.

"Something's comin'," a reporter in the press overflow room whispers. A buzz builds.

(Don't get too excited, it's probably a note on scheduling...)

The video feed kicks back to life in the press overflow room, and we see Trump seated at the defense table.

"Good afternoon," Merchan says, thanking everyone.

He's going to excuse the jury at 4:30 p.m.

That means, you guessed it, NO VERDICT TODAY.

There's a note, signed at 4:20 p.m.: WE HAVE A VERDICT.

The jury would like an extra 30 minutes to fill out forms.

Before leaving the bench, Justice Merchan says to the gallery, "Let there be no outbursts or exclamations of any kind."

He says he'll be back in a few minutes and steps away.

The atmosphere in press overflow is ELECTRIC.

As we wait, Trump is seated at the defense table, his arms crossed in front of him, and he occasionally converses with Blanche.

Across the aisle, the prosecution—Hoffinger, Colangelo, and Steinglass—are huddled in conversation too.

In the overflow room, the video feed is frozen in only one section of the TV screen: THE SECTION THAT IS SHOWING TRUMP.

Court staff rush in to fix the problem.

Trump's section of the video feed now reads NO SIGNAL.

"No......no...." a reporter says to herself.

Then, miraculously, it kicks back on, and we see Blanche whispering into Trump's ear.

"Keep the outbursts to a minimum, and stay in your seats afterwards until you're given further instructions," a court officer tells us.

It is tense.

Trump, amazingly, has closed his eyes.

While we wait, a sign off text from the legendary Line Dudes:

Per @AnnaBower in the courtroom, Manhattan District Alvin Bragg has arrived.

https://x.com/AnnaBower/status/1796284228608348523

All rise, and Merchan returns.

"My god," a reporter behind me whispers.

Merchan asks to bring out the jury.

And we wait some more.

Um, @JayShams WHAT DID YOU KNOW?

https://x.com/jayshams/status/1796275433002164237?s=46&t=P_Pk_j2G5fqhkwtG7QQKcQ

We hear All rise, and the jurors take their seats.

COUNT 1: GUILTY

COUNTS 2-9: GUILTY and counting

NEWS: The jury in the People of New York v. Donald J. Trump find the defendant Donald J. Trump GUILTY on all 34 counts.

Trump remains largely expressionless as the court officer reads the jury's verdict back to them to confirm.

Blanche confirms that he would like to have the jurors polled. We go down the line starting with Juror 1.

Trump looks over toward the jury as they each confirm that this is in fact their verdict too.

Merchan, to the jury: I want to thank you very much for your service in this case, it was a long time to be away from your jobs and your families, engaged in a very difficult task. I admire your dedication and hard work, he says.

Blanche has an elbow on the desk, and leans his head in his hand, then rubs his face.

Merchan tells the jury they are now free to discuss the case with anyone, and they're just as free not to.

He mentions he'd like to meet with them as a group shortly to thank them for their service and get their feedback, but he cannot discuss the details of the case.

As Merchan excuses the jury, Trump stands as each juror walks in front of him and out the side door.

The jury now out, Blanche stands to say something, but he's a bit quiet and far from the mic.

He adjusts the mic and says: There's no basis and no way the jury could've reached a verdict based on the testimony of Cohen—he lied, there was perjury committed—there's no reason the court should allow a verdict.

I'm sure you misspoke when you said knowing, not suggesting that I know that anyone committed perjury, Merchan clarifies, and Blanche says yes.

Steinglass stands, respectfully disagrees, and says there's more than enough evidence.

Defense's motion is DENIED.

Blanche asks to approach, on the record, and the parties gather around the bench—sidebar.

Trump remains seated at the defense table, and Susan Necheles is two seats to his left, looking over at him.

Sidebar over, Blanche asks for a sentencing date in mid to late July, bc of Trump's charges in other jurisdictions, including a FL hearing in late June.

Steinglass says the standard is 6 weeks, so they don't oppose mid-July.

Merchan will adjourn this matter for sentence until July 11 at 10:00 a.m., and order a probation interview and report.

If there are any motions to file, Merchan asks the defense to file no later than June 13, and for the prosecution to respond by June 27.

Merchan inquires about the "bail status," but Steinglass reminds him there's no bail.

With nothing else, we're adjourned.

Trump and his team stand and walk out of court quickly.

As a few astute observers are pointing out, Trump's sentencing will be on July 11, four days before the July 15 Republican National Convention to choose the Republican nominee for U.S. president.

Clear the courtroom we hear, and we're out.

There’s a real last day of school vibe as we all file out.

Don’t miss @lawfare’s live breakdown at 7:00 pm ET

The scene just outside the courtroom right now:

Currently watching one of America’s Favorite Paralegals™️ as we get ready for the livestream with @AnnaBower, @rparloff, @katherinepomps, @qjurecic, and Ben Wittes