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.
#Trump faces 34 counts of falsifying business records to conceal a second crime, a conspiracy to aid an election by #UnlawfulMeans (click hashtag for more on the legal term).
The options for those unlawful means include several other crimes.
Each individual #criminal charge contains within it several other crimes.
Tues 29 May 2024 š§µ
Good morning! Itās 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.
In #NewYork, falsifying records is a #misdemeanor, unless the documents were faked to HIDE ANOTHER CRIME. The other crime, prosecutors say (they also presented evidence of other #crimes), was Trumpās 2016 violation of state #ElectionLaw that prohibited #conspiring to aid a #political campaign using ā#UnlawfulMeans.ā
Because the #UnlawfulMeans could be any or all of the other crimes, each individual false-records charge that #Trump faces contains w/in it multiple possible crimes for jurors to adjudicate, & #law for Justice Merchan to explain.
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 ā the violation of a state #ElectionLaw that forbids a #conspiracy to aid any election by ā#UnlawfulMeans.ā (See above)
Last week, prosecution won a major argument when they argued that the jurors did not have to agree #unanimously on the āunlawful meansā (#crimes) they might determine that Trump used.
Justice #Merchan explains again the potential #UnlawfulMeans that jurors could decide #Trump or other conspirators used to aid Trumpās election in 2016.
Merchan explains #motive ā & its difference from #intent.
Intent means āconscious objective or purpose,ā motive is āthe reason why a person chooses to engage in #criminal conduct.ā
Jurors must consider Trumpās intent, but prosecution did NOT have to prove motive.
#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 juryās hands as early as Wed.
āAs part of this process, yet another false business record is created,ā #Steinglass says, leaving a trail of potential #UnlawfulMeans that jurors could draw on during deliberations as they seek to determine whether #Trump unlawfully influenced his election victory.
On 27 Oct 2016, the money was sent, & on 28 Oct, just 11 days before the #election, #StormyDaniels signed the NDA.
Yesterday, Costello behaved so atrociously on the witness stand that Juan Merchan cleared the courtroom to admonish him & the defense attorneys. Costello is due back on the stand
Defense & prosecution debate what types of #UnlawfulMeans apply. Defense asks for additions that to make it clear only #crimes should count, while prosecution suggests #civil violations should apply, too.
#Merchan rejects defenseās request to tell jurors that candidates werenāt limited in 2015 & 2016 ā before #Trump's election āā from contributing funds to their own campaigns. Prosecution called it misleading & Merchan determined it was unnecessary to explain it to the jury.
Defense argues that to reach a #guilty#verdict jurors MUST not only to agree #unanimously that #Trump had falsified records to conceal a #conspiracy to win an election by unlawful means, but also jurors must be unanimous on what the #UnlawfulMeans are; making reaching a verdict nearly impossible.
Trump's attys argued that while that unanimity is not required by #law, Justice Merchan can use his discretion in asking for it.