May 29, 2024

[Above: Eight years ago. Ugh.]

WE HAVE MADE IT TO THE END! Closing arguments were completed on Tuesday (read here for the very long recap!).

Jury instructions began at 10am promptly.

Judge Marchan started by tell the jurors: "I will now instruct you on the law." He added "It is not my responsibility to judge the evidence here. It is yours."

As typical in jury instructions, they were told not to consider race, color, national origin or sexual orientation and said they shouldn't allow any stereotypes to influence them. “You must set aside any personal opinions or bias. You must now allow any such opinions to influence your verdict.”

Reports are that Trump was sitting with his head lolling back and his eyes closed, per usual for an old man who can barely stay awake.

Judge Merchan reminds the jury that the defendant is innocent until proven guilty and the burden of proof lies solely with the prosecution.

The judge reminds the jury that they cannot can't draw a negative inferences from Trump not testifying. Trump opened his eyes and then closed them again, head tilted back once more. The judge went on: “The defendant is not required to prove that he is not guilty. The defendant is not required to prove or disprove anything.”

Regarding witnesses, the judge told them that they must decide whether a witness “told the truth, or is accurate, or instead testified falsely or was mistaken.” If they found a witness gave false testimony, the jury may disregard it.

Knowledge of a crime taking place does not make the defendant criminally liable, the judge reminds the jury. But, if the defendant solicited, requested, commanded or engaged in conduct, did so with the state of mind and it is found beyond a reasonable doubt, he is guilty. This is GAME.

Regarding intent: it does not require advance planning. That is a big deal as well. "General intent to defraud suffices" in terms of proving intent. Reports are that jurors took notes during that part of the instructions.

Judge Merchan describes Michael Cohen's status as an accomplice. He makes it clear that the defendant cannot be convicted SOLELY on the testimony of an accomplice, Rather, there is a requirement for other evidence and that evidence needs to independently prove the crime as well.

The judge instructs the jury that they must conclude unanimously that the defendant conspired to promote or prevent the election by unlawful means. They do not have to be unanimous in what the "unlawful" mean is. Just that he conspired to do it. Very broad latitude to find a guilty "mean." This would include falsifying other business records. Those goes beyond 34 checks, invoices and ledger entries. it also includes bank records for shell companies.

Also, they are reminded that the tax fraud offenses do not require proof of an underpayment of taxes. What matters is only the submission of false documents to tax authorities. Just doing that is unlawful, even if it does not result in an underpayment of taxes.

The judge then goes through each of the counts. Here is a handy chart:

Judge Merchan walks through each count and explains, in detail, the records underlying each count - Cohen's invoices, the checks signed by Trump or others, the Trump Org ledger entries. 34 times.

NOTE: Trump is full on asleep. ASLEEP. Head lolling to the side. During JURY INSTRUCTIONS.

The judge is now walking through the 3 theories: violations of federal election laws, falsification of business records and violations of tax laws. He also explains the difference between "motive" and "intent." Motive is the reason why you do something (ie you rob a bank to get money). Intent is whether you understood what you did. It is a lower bar. Intent is what the jury considers, not motive.

The jury may request testimony of any witness read back to them. The goals should be to reach an agreement on each count, that is what they need to work towards.

The foreperson is the first juror selected. Everyone looked at a man in the front row. I guess that is already decided.

Justice Merchan tells the jurors that there is a laptop containing the evidence introduced in the case. Jurors will be shown how to use it.

AND THE CASE IS NOW IN THE HAND'S OF THE JURY! LET DELIBERATIONS BEGIN!!

We will update this post as news breaks, either through jury notes or a verdict or any sort!

UPDATE 1: 3:03pm - We have a jury note!

The jury has requested additional info on 4 things:
1) Pecker's testimony regarding phone call with Trump
2) Pecker's testimony regarding decision not to finalize and fund McDougal's life rights
3) Pecker's testimony on the Trump Tower meeting
4) Cohen testimony on the Trump Tower meeting

UPDATE 2: 4:00pm - We have a second jury note!

"We, the jury, request to rehear the jury's instructions."

The jury is brought back into the court room. The judge asked whether the jurors want to review the entirety of the instructions, and one juror nods her head as if to say, "Yes."

After that note, the jury was excused for the day! No verdict. We will be back tomorrow.

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