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.
Trump is charged w/ 34 counts of falsifying business records related to the coverup of a $130k #HushMoney payment that was made to the porn star #StormyDaniels in the days leading up to the #2016election.
All of the charges are class E felonies, or the lowest category of felony in #NewYork State.
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, “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.”
Justice #Merchan explains the concept of #intent. He tells the jurors that they can consider #Trump’s conduct “and all of the circumstances surrounding that conduct,” including what he said, what actions followed from his conduct, & whether those actions were the “the natural, necessary & probable consequence of that conduct.” In other words, intent can be inferred from a person's actions & the effects of those actions.
Prosecution argued all of the records were related to reimbursements to #MichaelCohen for the #HushMoney. Defense argues they were for legal services, an argument #Trump has contradicted before in #legal filings & elsewhere.
#Merchan gets to the 34th count — a check dated Dec. 5, 2017. He repeats the definition of falsifying business records, giving jurors a chance to process the complex charges, where each single count includes within it at least 2 other potential crimes.
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.
Judge #Merchan says jury has a note w/ 4 requests. They just rang the courtroom.
3 of the requests relate to testimony from David #Pecker, the former publisher of The #NationalEnquirer, who prosecutors say was part of the #conspiracy to suppress negative news on #Trump’s behalf during the 2016 election. The other request relates to #MichaelCohen’s testimony.
The phone call #jurors asked for from David Pecker’s testimony was call he testified he had w/ #Trump during an investor meeting, in June 2016, during which Trump acknowledged that he knew #KarenMcDougal.
Jurors may also be looking at the part of the #TrumpTowerMeeting when #Pecker testified that he decided to not collect reimbursement from Trump for his #HushMoney deal w/ McDougal. The wording from the jurors is slightly unclear.
"Jurors in Donald Trump’s hush money trial are expected to begin deliberations Wednesday after receiving instructions from the judge on the law and the factors they may consider as they strive to reach a verdict in the first criminal case against a former American president."
[Prosecutor] Joshua Steinglass again shares passages of one of Trump’s books, in which he [Trump] wrote that he can’t stomach disloyalty. Steinglass argues that Trump disparages witnesses who speak out against him in order to discourage other witnesses from coming forward." - Kate Christobek, NYT
#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.
With the jury out of the room, the prosecution & defense argue about whether #Steinglass can talk about #StormyDaniels’s state of mind.
Justice #Merchan hears the lawyers out & sides w/the defense, telling Steinglass that he’s gone as far as he needs to go in talking about Daniels being #intimidated by Trump, & that no further argument to that effect need be made.
Break over. Justice #Merchan thanks the jurors for their flexibility & calls #Steinglass back to the lectern. Before they returned, the judge told Steinglass that he needed to wrap up — at least for the day — by 8PM (wuh?). If he does not conclude by then, it sounded as if it was possible that Steinglass would have to conclude tomorrow.
#Steinglass, who had stuck to a chronological timeline, goes back to 2016 to connect #Trump to each element that prosecutors say is a #crime. He argues that David #Pecker corroborated the idea that #MichaelCohen had kept Trump up to date on the #HushMoney payments at every step. Cohen, Steinglass says, “is not some rogue actor here.”
Steinglass talks about the infamous tape of Trump & Micahel Cohen discussing the payment to #KarenMcDougal.
#Steinglass highlights other key testimony, including #HopeHicks's remarks that it would have been “out of character” for #MichaelCohen to have made that payment out of the kindness of his heart — meaning, without approval from #Trump.
Steinglass is linking Trump to each & every action that prosecutors say led to the #crime, the falsification of 34 business records related to the #HushMoney payment to #StormyDaniels.
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.