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 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 “falsus in uno,” an important concept for the defense, which tried to convince the jury that Michael Cohen’s testimony was not credible.
The concept says that jurors can disregard a witness’s entire testimony if they find he has intentionally testified falsely to any material fact. Or, they can disregard the parts they find to be untruthful, & accept those
Justice #Merchan says that there’s no formula for evaluating someone’s truthfulness, & that a person brings to the process all their varied experiences. “In life,” he says, “you frequently decide the truthfulness & accuracy of statements made to you by other people.” He tells the #jurors to use the same factors they draw on outside of court when evaluating testimony in the case.
Justice #Merchan turns to the #crimes w/which #Trump is charged: 34 counts of falsifying business records in the first degree. Trump is charged w/ falsifying records to cover up a second #crime — the violation of a state #ElectionLaw that forbids a #conspiracy to aid any election by “#UnlawfulMeans.” (See above)
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.
Last week, prosecution won a major argument when they argued that the jurors did not have to agree #unanimously on the “unlawful means” (#crimes) they might determine that Trump used.
If jurors were required to be #unanimous on which unlawful means (#crimes) #Trump employed, it may have been harder to reach a verdict.
Merchan explains the elements of the #felony falsification charge. He says the records at issue can pertain to a private business & can be electronic or other data.
Jurors would also have to find that #Trump caused that false record w/ #intent to defraud — w/the goal of keeping it secret — & that he either intended to commit another crime or aid the commission of another #crime.
Justice Merchan doesn’t go into this much detail for every count, but explains which document each count pertains to.
There are 11 invoices from #MichaelCohen, 12 entries in the #TrumpOrganization’s general ledger & 11 checks, 9 of them signed by Trump.
Justice #Merchan explains again the potential #UnlawfulMeans that jurors could decide #Trump or other conspirators used to aid Trump’s election in 2016.
Merchan explains #motive — & its difference from #intent.
Intent means “conscious objective or purpose,” motive is “the reason why a person chooses to engage in #criminal conduct.”
Jurors must consider Trump’s intent, but prosecution did NOT have to prove motive.
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.
"I don't even know what the charges are in this rigged case — I am entitled to specificity just like anyone else. There is no crime!"
Besides the fact that the #charges were all in the #indictment the grand jury approved over a year ago on 30 March 2023 & was delivered to him & his attys, but besides that, Judge #Merchan just read the damn charges in great detail while Trump was sitting there.
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 are coming back into the courtroom to have the testimonies read back to them.
When jurors request to hear testimony, they return to the courtroom & the relevant portions of the transcript are read aloud by the court reporters. Sometimes court reporters have fun w/this, doing impressions & imitating accents. No way that happens here. The court reporter is already on the witness stand, waiting for the jury.