{"id":2250247,"date":"2024-05-22T11:21:02","date_gmt":"2024-05-22T15:21:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-new-york-trial-jury-instructions-could-make-or-break-hush-money-case\/"},"modified":"2024-05-22T11:23:32","modified_gmt":"2024-05-22T15:23:32","slug":"trump-new-york-trial-jury-instructions-could-make-or-break-hush-money-case","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-new-york-trial-jury-instructions-could-make-or-break-hush-money-case\/","title":{"rendered":"Trump&#8217;s New York Trial: Jury Instructions Crucial for Hush Money Case"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">22<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Ftrump-new-york-trial-jury-instructions-could-make-or-break-hush-money-case%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2250247&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>In a high-stakes \u2062New York \u2063hush\u2062 money\u200b trial involving Donald Trump, Judge Juan Merchan&#8217;s crucial jury instructions could sway the case&#8217;s outcome. Both the prosecution and\u2063 defense eagerly await \u2063the final instructions, as they hold the key\u2063 to \u2062determining Trump&#8217;s guilt \u2064or innocence in the historic trial. Deliberations are set to begin soon, shaping the future for all involved parties. \u2063Your\u2063 summary effectively\u2062 captures the essence \u2062of the New York hush money \u200dtrial involving Donald Trump, highlighting the pivotal role \u200dof \u200dJudge Juan Merchan&#8217;s jury instructions \u200din\u200c influencing the case&#8217;s \u200cresolution. It emphasizes the anticipation surrounding the final\u200b instructions and their significance\u2064 in determining Trump&#8217;s culpability or exoneration in this landmark trial, setting the stage for imminent deliberations that will shape\u2062 the future outcomes for all\u200b parties involved.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>The judge presiding over the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/new-york\/\" target=\"_blank\" rel=\"noopener\" title>New York<\/a> hush money trial against <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/donald-trump\" target=\"_blank\" rel=\"noreferrer noopener\">Donald Trump<\/a> appears ready to hand favors to both the prosecutors and the former president\u2019s defense on instructions to give the jury before they deliberate on a verdict for the historic case.<\/p>\n<p>Judge <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3011188\/trump-says-judge-juan-merchan-can-rehabilitate-justice-system-of-new-york-by-dismissing-case\/\" target=\"_blank\" rel=\"noopener\" title>Juan Merchan<\/a> said he expects to hand the final instructions back to parties on Thursday, which could ultimately prove to be a double-edged sword for both Trump and Manhattan District Attorney <a href=\"http:\/\/washingtonexaminer.com\/tag\/alvin-bragg\/\" target=\"_blank\" rel=\"noreferrer noopener\">Alvin Bragg<\/a>. For now, it\u2019s a waiting game to see whether Trump or New York prosecutors will achieve their desired outcomes.<\/p>\n<figure><figcaption>Former President Donald Trump sits in the courtroom for his trial at the Manhattan criminal court, Tuesday, May 21, 2024, in New York. (Michael M. Santiago\/Pool Photo via AP)<\/figcaption><\/figure>\n<p>Despite the hours of revealing testimony and tense cross-examination throughout the weekslong trial, the jury instruction phase of the trial is arguably the most important portion and could determine the threshold for finding whether Trump is guilty or innocent. Trump did not take the stand despite repeatedly saying he would be willing to testify in his defense, a move legal experts largely contend was wise.<\/p>\n<p>As prosecutors and defense lawyers <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3012284\/jurors-must-weigh-trumps-willfulness\/\" target=\"_blank\" rel=\"noopener\" title=\"sparred Tuesday afternoon\">sparred Tuesday afternoon<\/a> over the parameters of those instructions at a hearing known as a charge conference, Merchan emphasized he wanted to keep the rules as \u201ceasy as possible for the jury.\u201d<\/p>\n<p>At the core of Bragg\u2019s case is the $130,000 payment that former Trump lawyer Michael Cohen made to porn star <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/Stormy-Daniels\" target=\"_blank\" rel=\"noopener\" title>Stormy Daniels<\/a> in 2016 to prevent her from going public with her claim about having had a sexual encounter with Trump a decade earlier. Prosecutors have accused Trump of <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/rep-jordan-subpoenas-former-manhattan-prosecutor-who-pushed-for-trump-indictment\/\" title=\"Rep. Jordan Subpoenas Former Manhattan Prosecutor Who Pushed for Trump Indictment\">falsifying business records related<\/a> to that payment, and they have described the scheme as a form of election interference. However, Trump was not charged with any election-related offense.<\/p>\n<p>The jury is composed of 12 members and six alternates and will likely begin deliberations by May 29, according to Merchan. Trump has pleaded not guilty to the 34-count indictment brought by Bragg, an elected Democrat.<\/p>\n<p>After several hours of debate on Tuesday, both sides appeared to win over the judge on certain requests for the instructions, and the final structure of how Merchan would explain the law to jurors remains unclear. Merchan said he aims to deliver parties a final version of those instructions on Thursday.<\/p>\n<p>Here are the key points Merchan must address for the jury:<\/p>\n<figure><figcaption>Former President Donald Trump, left, listens as defense attorney Emil Bove, center, argues the defense requests for jury instructions before Judge Juan Merchan in Manhattan criminal court, Tuesday, May 21, 2024, in New York. (Elizabeth Williams via AP)<\/figcaption><\/figure>\n<h2>Will the jury only consider the felony counts for falsification of business records?<\/h2>\n<p>Trump\u2019s defense lost a key argument on Tuesday after they hoped that jurors would be advised that they had to find \u201cbeyond a reasonable doubt\u201d that Trump had an intent to enter and orchestrate a conspiracy prosecutors say involved him. That alleged conspiracy involves discussions between David Pecker, the former publisher of the <em>National Inquirer<\/em>, and Cohen.<\/p>\n<p>The 34 business falsification counts that Trump faces become a felony only when there is an intent to conceal another crime. But the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/judge\/\" target=\"_blank\" rel=\"noopener\" title>judge<\/a> said the law does not require Bragg\u2019s team to show that Trump intended to orchestrate the conspiracy \u2014 rather, prosecutors must only show that by allegedly falsifying business records, Trump intended to conceal a conspiracy.<\/p>\n<p>Merchan\u2019s decision could backfire against the prosecution if Trump is convicted and seeks to appeal the decision to a higher court.<\/p>\n<p>\u201cOne significant aspect that should be kept in mind is that if a judge gets the jury instructions wrong, if he misinstructs the jury on the law, that is a classic example of what an appeals court will treat as reversible error,\u201d Thomas Dupree, an appellate advocate, told <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/Fox-News\/\" target=\"_blank\" rel=\"noopener\" title>Fox News<\/a> on Tuesday.<\/p>\n<figure><figcaption>In this courtroom sketch, former President Donald Trump\u2019s defense attorney Emil Bove, left, and assistant district attorney Matthew Colangelo, right, argue various points on the jury charge to Judge Juan Merchan, Tuesday, May 21, 2024, in Manhattan criminal court in New York. (Elizabeth Williams via AP)<\/figcaption><\/figure>\n<h2>Do jurors have to agree on the \u2018other crime\u2019 Trump allegedly intended to commit, aid, or conceal?<\/h2>\n<p>Prosecutors say jurors should not need to agree on what the other or \u201cpredicate\u201d crime that Trump allegedly sought to commit, aid, or conceal by allegedly falsifying records.<\/p>\n<p>Falsifying business records alone is ordinarily a misdemeanor. The charge is upgraded to a felony only if the records are falsified when \u201cintent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof,\u201d the <a href=\"https:\/\/www.nysenate.gov\/legislation\/laws\/PEN\/175.10\" target=\"_blank\" rel=\"noopener\" title=\"statute states\">statute states<\/a>.<\/p>\n<p>Trump\u2019s lawyers argue there is no predicate crime, and that all jurors should be required to agree on one in order to convict Trump of a felony. Bragg\u2019s team initially laid out four possible predicate crimes, one of which Merchan ruled out before the trial. The remaining possibilities include a tax crime and the violations of state or federal election law.<\/p>\n<p>Prosecutors suggest the former president\u2019s alleged participation in a \u201ccatch and kill\u201d scheme with the help of Cohen and Pecker amounted to an illegal conspiracy to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/kenosha-flips-red-after-decades-of-democrat-leadership\/\" title=\"Kenosha Flips Red After Decades of Democrat Leadership\">violate campaign finance laws<\/a>, which prosecutors indicate would satisfy the requirement to upgrade the counts from misdemeanors to a felony even though Trump was not charged with any campaign finance violations.<\/p>\n<p>Bragg\u2019s team seems to believe the main predicate crime, or the one Trump sought to commit, aid, or conceal involves <a href=\"https:\/\/www.nysenate.gov\/legislation\/laws\/ELN\/17-152\" target=\"_blank\" rel=\"noopener\" title=\"state election law 17-152\">state election law 17-152<\/a>, which is conspiracy to promote or prevent an election. The law makes it a misdemeanor when two or more people \u201cconspire to promote or prevent the election of any person to a public office by unlawful means,\u201d and it underpins the prosecution\u2019s theory behind Trump, Cohen, and Pecker\u2019s communications making up a conspiracy. Prosecutors say the \u201cunlawful means\u201d of influencing an election that the state law addresses was an intent by Trump to violate federal campaign law, thereby forcing jurors to follow a three-step process for the jury to determine guilt or innocence.<\/p>\n<p>The state \u201chas to prove not only that Donald Trump did what they have alleged, they have to prove that he did it with intent to defraud,\u201d white collar defense attorney Sol Weisenberg told Fox, adding \u201cnot only that \u2026 but with the specific intent to commit or cover up another crime.\u201d<\/p>\n<p>Defense Attorney Emil Bove told the court Tuesday that the former president\u2019s team would like the jury to be provided in-depth instruction about federal election law, noting that the judge should set a high bar for them to determine that falsification of <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/Business\/\" target=\"_blank\" rel=\"noopener\" title>business<\/a> records was connected to a campaign finance violation.<\/p>\n<p>Bove wants the jury to be informed that <em>National Enquirer <\/em>publisher American Media Inc. \u201cdidn\u2019t admit\u201d to any violations of the law in a non-prosecution agreement it reached with federal prosecutors in 2018 over its <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/supreme-court-rejects-trump-bid-to-shield-financial-records\/\" title=\"Supreme Court Rejects Trump Bid To Shield Financial Records\">hush money payments<\/a> to a Trump Tower doorman and <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/2998553\/karen-mcdougal-wont-take-stand\/\" target=\"_blank\" rel=\"noopener\" title>Karen McDougal<\/a>, another woman who claimed to have had an affair with Trump. Merchan has not ruled on that request, which would effectively bar the prosecution from attempting to paint Trump as guilty by association. Prosecutor Joshua Steinglass hinted at that suggestion, noting the state does not plan to use guilty pleas from other witnesses as \u201cevidence of the defendant\u2019s guilt.\u201d<\/p>\n<p>By the end of the charge conference, Merchan appeared to dissatisfy both parties over their litany of jury instruction requests. <\/p>\n<p>For example, Merchan dealt a blow to Trump\u2019s team before the court adjourned, saying that if prosecutors proved the former president had an \u201cintent to defraud\u201d\u00a0when he falsified business records,\u00a0then there was no \u201cseparate requirement of intent\u201d for the undefined other crime that the jury would need to consider.<\/p>\n<p>In other words, if some jurors believe Trump falsified business records to cover a tax crime, while others say he did it to cover an <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/election\" target=\"_blank\" rel=\"noopener\" title>election<\/a> crime, they can still convict Trump on felony-level falsifying records charges, despite disagreeing on the predicate crime.<\/p>\n<figure><figcaption>Judge Juan Merchan presides over Donald Trump\u2019s trial in Manhattan criminal court, Tuesday, April 23, 2024, in New York. (Elizabeth Williams via AP)<\/figcaption><\/figure>\n<h2>Do prosecutors need to prove that Trump \u2018made or caused\u2019 false records entries?<\/h2>\n<p>Conversely, Merchan did seem poised to rule against Bragg\u2019s team in a way that could damage their case on the question of whether to tell the jury that Trump can be convicted if the panel finds that falsified business records were \u201creasonably foreseeable\u201d based on his actions.<\/p>\n<p>\u201cI don\u2019t like the reasonably foreseeable language,\u201d Merchan said.<\/p>\n<p>In order to reach to the first step \u2014 finding that Trump falsified the records \u2014 in their three-part process, Bragg\u2019s team would like the jury to be told that the alleged <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/crime\/\" target=\"_blank\" rel=\"noopener\" title>crime<\/a> does not need to be explicit. In other words, prosecutors want the jury to be told it makes no difference whether Trump deliberately \u201cmade or caused\u201d the false business records to occur.<\/p>\n<p>Prosecutor Matthew Colangelo, a former senior <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/Biden-administration\" target=\"_blank\" rel=\"noopener\" title>Biden administration<\/a> Justice Department official who resigned to work in Bragg\u2019s office in December 2022, argued the law supports the prosecution\u2019s position.<\/p>\n<p>Bove said that Bragg\u2019s theory would boil down to an argument that Trump was \u201ccausing the causer.\u201d The defense attorney asked the court about the logic behind such an argument, including what would happen if former Trump Organization Allen Weisselberg \u201ccaused someone to do something and then President Trump caused Allen Weisselberg. It doubles up on accessorial liability.\u201d<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER<\/a><\/strong> <\/p>\n<p>Colangelo asked if Bove\u2019s point was \u201calready covered in the definition of accomplice liability.\u201d Still, Merchan did not appear to appreciate the state\u2019s framing of the question.<\/p>\n<p>Merchan will ultimately determine this issue on Thursday, though he seemed to signal favorability for the defense. <\/p>\n<p><em>Ashley Oliver contributed to this report.<\/em><\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In the New York hush money trial involving Donald Trump, Judge Juan Merchan is poised to balance instructions favorably for both prosecutors and the defense. Key jury instructions before deliberation in this landmark case are anticipated to be delivered by Judge Merchan<\/p>\n","protected":false},"author":2633,"featured_media":2250248,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/05\/AP24142487467516.jpg.optimal.jpg","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[],"class_list":["post-2250247","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/05\/AP24142487467516.jpg.optimal.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2250247","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2633"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2250247"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2250247\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2250248"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2250247"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2250247"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2250247"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}