GottaLaff,
@GottaLaff@mastodon.social avatar

FYI, #TrumpTrial...

Via Katie Phang:

Court has resumed. Judge Merchan is back on the bench. All counsel are present and Trump is also present.

First jury instruction argument over FECA (Federal Election Campaign Act).

GottaLaff,
@GottaLaff@mastodon.social avatar

2/ I won't cover this unless something of interest pops up.

GottaLaff,
@GottaLaff@mastodon.social avatar

3/ Phang:

MATTER OF “ACCOMPLICE” V. “COHEN”

MERCHAN: You should know going forward for the rest of this conference and beyond, where there’s a standard pattern jury instruction, I will leave it. A lot of smart people did a lot of hard work to come up with these instructions…..If the language is “accomplice,” that’s what we’ll go with.

GottaLaff,
@GottaLaff@mastodon.social avatar

4/ MERCHAN: For the definition of intent...the defense suggests "does the person intend to defraud"
COLANGELO: We think the court should stick with the standard definition.

MERCHAN: I appreciate your argument. I’m going to stick with the standard language [instruction.]

GottaLaff,
@GottaLaff@mastodon.social avatar

5/ MERCHAN: Turning to the expanded charge of INTENT. Why do you [the People] propose that?

COLANGELO: no one said Trump went into the system and falsified the billing records so on facts like the ones we have here, and given the way the parties have argued the case, we think it is a very straightforward explanation of the law

GottaLaff,
@GottaLaff@mastodon.social avatar

6/ MERCHAN: People have the burden of proving beyond the reasonable doubt… It goes on to say it doesn't matter what the relative contribution was to the crime, of each of the defendants.

COLANGELO: There is a threshold definition to understand: Reasonably foreseeable conduct.

MERCHAN: I will reserve decision on that.
MERCHAN: Right now, my inclination is to strike that language from the final charges.

poe1178,
@poe1178@mastodon.world avatar

@GottaLaff When does the verdict happen?? That’s not today is it??? 😳

GottaLaff,
@GottaLaff@mastodon.social avatar

@poe1178 These are jury instructions being hashed out between lawyers. Closing statements next Tuesday. See my earlier thread

GottaLaff,
@GottaLaff@mastodon.social avatar

7/ Re. the jury instruction for “unlawful means”: Judge Merchan rules that if the jurors find that Trump made or caused to be made false business records in order to conceal a conspiracy to promote Trump‘s election through unlawful means, the jurors can have different ideas about what those unlawful means are.

GottaLaff,
@GottaLaff@mastodon.social avatar

8/COLANGELO: All that the prosecution has to prove is Trump‘s intent to conceal another crime, not that the crime actually happened.

COLANGELO: The key point here is to advise the jury that there has to be some unlawful means but they don’t have to unanimously agree on the unlawful means.

junecasagrande,
@junecasagrande@mastodon.social avatar

@GottaLaff NFL: Trump's OWN justice department thought it was a crime when Michael Cohen did it. They threw him in prison. Then Bill Barr didn't think Trump should be investigated for same.

GottaLaff,
@GottaLaff@mastodon.social avatar

9/ BOVE: Next on my list is a proposed jury instruction about involvement of counsel, despite Merchan's pre-trial rulings that Trump himself could not argue that he was convinced of the lawfulness of his conduct because lawyers were involved/he relied on his lawyers.

GottaLaff,
@GottaLaff@mastodon.social avatar

10/ In part:

MERCHAN: I ordered that you were precluded from arguing this legal claim. There was no such thing. Just a way to get around having to turn over docs.

MERCHAN: Now it’s morphed into involvement of counsel. I understand why you want this instruction from the court. But my answer hasn't changed and I find it disingenuous.

GottaLaff,
@GottaLaff@mastodon.social avatar

11/ MERCHAN: It was concerning when the terms changed to "presence of counsel." I couldn't believe when i saw it again now calling it "involvement of counsel."

MERCHAN: My ruling is the jury will not hear that instruction from the bench nor are you permitted to make that argument. Period.

GottaLaff,
@GottaLaff@mastodon.social avatar

12/ The Defense wants an instruction regarding Michael Cohen's cellphones. They argue that the factual basis for this instruction is that there was some testimony that there was some backup or tinkering of the phones.

MERCHAN: You did a very effective job of cross examining that witness, I think there‘s a good basis of that and you’re free to do that. But I am not going to give an instruction on this.

GottaLaff,
@GottaLaff@mastodon.social avatar

I messed up my numbering. Sorry

Eetschrijver,
@Eetschrijver@mastodon.social avatar

@GottaLaff You're juggling with lots of balls. Minor mistakes are totally pardonable. 😘

GottaLaff,
@GottaLaff@mastodon.social avatar

@Eetschrijver Thank you. Whenever I use my phone, I mess up

Dr_Von2,
@Dr_Von2@mastodon.social avatar

@GottaLaff you are doing an amazing job. No need to apologize.
THANK YOU LAFFY!!

GottaLaff,
@GottaLaff@mastodon.social avatar

@Dr_Von2 Thanks David!

GottaLaff,
@GottaLaff@mastodon.social avatar

13/ Phang:

Judge Merchan says he will read both sides' cases and submissions; he also says he will get draft instructions to the parties by the end of the day Thursday.

There is NO COURT on Thursday.

darthstar,
@darthstar@mastodon.online avatar

@GottaLaff

You knew they would try. Watch for them to slip that language into their summation.

GottaLaff,
@GottaLaff@mastodon.social avatar

@darthstar Weissmann said they’d do that

artemesia,
@artemesia@techhub.social avatar

@GottaLaff

"COLANGELO: no one said Trump went into the system and falsified the billing records so on facts like the ones we have here, and given the way the parties have argued the case, we think it is a very straightforward explanation of the law"

I can't make head or tail of what's being said here.

GottaLaff,
@GottaLaff@mastodon.social avatar

@artemesia I bet the transcript is clearer

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