Each page yesterday took him just a little more than a minute, so this will take >30 mins.
Between that & the testimony readbacks, also expected to take >30 mins, there will likely be >1 hour this morning w/the jury in the courtroom, not actively deliberating.
Justice #Merchan is done, & now the court reporter will read the #testimony. 2 court reporters will read. The first explains that she is the “lawyer” & that her colleague, on the witness stand is “David Pecker.” They start w/ testimony pertaining to a phone call that #Pecker & #Trump had in June 2016, acc/to Pecker’s testimony.
David #Pecker testified that #Trump acknowledged speaking to #MichaelCohen about the issue & acknowledged knowing #KarenMcDougal, one of the women who was eventually paid to keep quiet during the 2016 campaign about her story of having had an affair w/ Trump.
“Karen is a nice girl,” Trump said on this call, according to Pecker’s testimony.
#Pecker testified that he recommended that #Trump buy #KarenMcDougal’s story. The portion of #testimony ends before the #jury hears what comes next. Pecker testified that #MichaelCohen called him back & told him to buy McDougal’s story on Trump's behalf.
Jurors heard the portion of Pecker's testimony when he said he believed the story of Trump having had an affair w/McDougal was true, & would be embarrassing to Trump.
Next the court reporters read the second part of David #Pecker’s #testimony that the #jurors asked to hear, where he explains that he decided he did not want to be repaid for #KarenMcDougal’s story after purchasing it. The implication was that he was concerned about the #legal consequences of accepting a reimbursement - he testified that the concern was regarding FEC violations.
#Pecker’s #testimony here is key to prosecution's case. Jurors also asked to hear MichaelCohen’s testimony about the #TrumpTowerMeeting. They will hear that next.
One of the major arguments the defense made during closings also pertained to this meeting, & concerned the idea that the phrase #CatchAndKill was not used during it.
(It’s not used in the charges either. It’s just a characterization not a legal term.)
The #jurors just again heard #Pecker’s #testimony that the reason he was purchasing negative stories on #Trump’s behalf was to benefit his presidential campaign.
Defense atty Emil #Bove cross-examined Pecker, & jurors are hearing part of that cross now. Bove elicited testimony that Pecker misremembered the exact date of the Aug 2015 meeting, & more generally that Pecker was testifying about events from a long time ago.
#Pecker testified on cross-examination that the phrase “#CatchAndKill” was not used at the Aug 2015 #TrumpTowerMeeting — & that there was no financial agreement made in concert w/the plan for him to supress negative stories about #Trump AT THAT MEETING.
The defense has argued that both of those data points should cast doubt on the prosecution’s theory.
The end of the cross-examination of #Pecker was less good for the defense. It was just read aloud again. “There was a discussion about that I was going to be the eyes and ears of the campaign,” Pecker testified. “And there was a discussion that I would be notifying Michael Cohen of any women that were in the process of or going to be selling stories.”
Cohen’s testimony matches Pecker’s account closely. #Pecker testified that he had said he would be #Trump’s “eyes & ears” & watch out for negative stories. Cohen recalls him saying he would “keep an eye out for anything negative.”
The #testimony readbacks are complete, & #jurors are excused to continue their #deliberations. They have asked to use both headphones & speakers to listen to #evidence that includes an audio portion.
Marc F. Scholl, who served in the Manhattan DA’s office for nearly 4 decades, specializing in white-collar crimes & appeals, said: “Recently, there has been some slight loosening about whether it can be done w/ the defense’s consent, but it remains a minefield that judges do not want to risk.”
The #verdict must be unanimous on the primary crime falsification of business records.
Once #jurors inform the court they have reached a verdict, Justice Juan #Merchan will summon the parties to the courtroom to hear it read by the foreperson.
Merchan must still affirm the verdict & enter a final judgment.
Tues 29 May 2024 🧵
Good morning! It’s the last day of the #TrumpTrial before jury #deliberations.
Today Justice #Merchan will give #JuryInstructions. Then they will discuss the case among themselves for the first time; they have not been allowed to even discuss it w/each other as yet.
Closing arguments took place yesterday, & the lawyers will have no further opportunity to address the jurors before they determine whether #Trump is #guilty or not guilty of 34 felonies.
Justice #Merchan would likely hand down #Trump’s sentence several weeks after the #guilty#verdict. But it’s possible that any punishment could be delayed.
Trump… will undoubtedly #appeal any #conviction, a lengthy process that could take months or longer & would likely not be resolved before Election Day. In that case, he would likely remain free until the appeal is resolved.
#Trump entered court, today he is accompanied by his son Donald Trump Jr., his friend Steve Witkoff, his aides Natalie Harp & Karoline Leavitt, & his indicted legal adviser Boris Epshteyn. Eric Trump is not here today. Trump's aides Jason Miller & Steven Cheung are at the back of the room.
Justice #Merchan reminds the #jurors they need to “set aside” personal opinions or bias against #Trump.
He reads standard #legal language on #fairness, one phrase: “As a juror, you are asked to make a very important decision about another member of the community.”
An unintentional reminder that this is #CitizenTrump — just “another member of the community.”
Justice #Merchan explains the concept of #ReasonableDoubt. He says, “It is an actual doubt, not an imaginary doubt. It is a doubt that a #ReasonablePerson, acting in a matter of this importance, would be likely to entertain because of the evidence that was presented or because of the lack of convincing evidence.”
[“Reasonable person” is a legal term as well w/its own definition]
Justice #Merchan explains, “proof of guilt #BeyondAReasonableDoubt [#BARD] is proof that leaves you so firmly convinced of the defendant’s guilt that you have no reasonable doubt of the existence of any element of the crime, or of the defendant’s identity as the person who committed the crime.”
When they are deliberating, jurors can communicate w/the judge — if they have questions or want to hear testimony again for example — by sending jury notes. The judge asks the foreperson to sign each note w/their number, not their name. He also asks that the foreperson include the date & time of each note.
Justice #Merchan commends the jury alternates for paying attention. The judge, who often watches the jury for attentiveness in case they need a break, praises one alternate in particular who went through “several notebooks” taking down notes.
Jurors 4 & 6, a man & a woman, are gathered around a laptop w/a paralegal for the prosecution. #Trump defense atty Todd #Blanche stands behind the computer looking on.
The male juror prepares to take the computer & the paralegal seems hesitant. “He can take it,” Justice #Merchan says. The 2 jurors leave the room.
All the trial exhibits are on that laptop, which could help speed up the #deliberations: the jurors will not have to request specific documentary #evidence they wish to review. Nor will they have to view it in the courtroom, which takes time to setup.
He cannot leave the courtHOUSE while the #jury is deliberating, Justice #Merchan informs him.
Outside the courtroom Trump spews a bunch of inciting lies attacking the justice system, democracy, the country, the judge… his basic “I’m a victim” BS.
#Trump has posted >20X on Truth Social since he left the courtroom. Each post quotes [right wing, Trump sycophant] commentators or legal scholars making a statement that supports him or criticizes the case.
#Trump faces 34 felony counts of falsifying business records in connection w/a #HushMoney payment made to a porn star to influence the 2016 election. The case could be in the jury’s hands as early as Wed.
Also there’s #Exhibit36, in which #JeffMcConney describes in McConney’s own handwritten notes based on a conversation he had w/ #AllenWeisselberg. He testified #Exhibit35 contains on the left-hand side, Allen Weisselberg’s handwriting. McConney said, I know it’s his handwriting because I’ve worked w/him for 35 yrs.