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Items tagged with: Criminal
Justice #Merchan rereads some of the limiting instructions he read at trial, reminding #jurors that certain types of #evidence were presented for a limited purpose — e.g. to assess a witness’s credibility — & are not indications of #Trump's guilt in & of themselves.
Merchan reminds jurors that they cannot hold Trump’s choice not to testify against him as they deliberate.
Justice #Merchan explains the concept of #ReasonableDoubt. He says, “It is an actual doubt, not an imaginary doubt. It is a doubt that a #ReasonablePerson, acting in a matter of this importance, would be likely to entertain because of the evidence that was presented or because of the lack of convincing evidence.”
[“Reasonable person” is a legal term as well w/its own definition]
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #MobTactics #StochasticTerrorism
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.”
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics #StochasticTerrorism
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
#criminal #law #Trump #TrumpTrial
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.
#criminal #law #Trump #TrumpTrial
Justice #Merchan explains that the #law considers #MichaelCohen an #accomplice “because there is #evidence that he participated in a #crime based upon conduct involved in the allegations here against the defendant.”
🚨He tells the jurors that “even if you find the testimony of Michael Cohen to be believable, you may not convict the defendant solely upon that testimony, unless you also find that it was corroborated by other evidence” connecting #Trump w/the crime.
↑ this is specific to #NewYork #law. In NY, you cannot convict a person based on the word of an accomplice w/o corroboration.
It also explains defense’s focus on #MichaelCohen’s credibility & the prosecution’s insistence that his testimony is just one central strand in the broader tapestry of #evidence against #Trump.
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.
#criminal #law #TrumpTrial #conspiracy #ElectionInterference #HushMoney
Justice #Merchan explains the reason prosecutors charged #Trump w/falsifying business records as a #felony: Because, they say, he covered up a second #crime, violating the state #ElectionLaw that forbids a #conspiracy to aid a person’s #election by #UnlawfulMeans.
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.
Justice #Merchan tells #jurors they can consider #ElectionLaw, the NY falsification of business records #law & #TaxLaw violations
Prosecutors say the primary crime — the business fraud — was intended to conceal the other crimes, which were intended to sway the election.
The “other crime,” Merchan said, is NY Election Law 17-152.
“you may consider: violations of FECA, falsification of other business records, violation of tax laws," Merchan says.
#criminal #law #TrumpTrial #Trump
Justice #Merchan explains that #intent to #defraud means that a person’s conscious objective is to do so, but does not require advanced planning.
The defendant must intend that the conduct be performed to prevent or promote the election of a person through unlawful means.
Intent to defraud needn’t be an intent to defraud any particular person or entity & can extend beyond economic concerns.
#criminal #law #Trump #TrumpTrial
After explaining the #law in abstract, Justice #Merchan now illustrates how it applies to the charges in question. He says that, to find #Trump guilty of the first charge, jurors would have to find that Trump, personally or acting in concert w/ others, made or caused a false entry in business records, specifically an invoice from Michael Cohen dated Feb. 14, 2017.
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.
Justice #Merchan explains the details of the #verdict sheet & the way that #deliberations work, including that #jurors will be kept in the #jury room while they deliberate & they cannot leave while they are discussing the case. They are asked to give their cell phones & other devices to court officers while they deliberate.
“That concludes my instructions on the #law,” the judge says. He asks the lawyers to approach the bench.
#criminal #law #Trump #TrumpTrial
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.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
Justice #Merchan speaks to the jury alternates, who have also sat through the entire #TrumpTrial. The alternates are not being excused, Merchan says.
If one of the 12 jurors is unable to continue deliberating for any purpose, an alternate steps in. They remain on site, so they can tag in if necessary. Without an alternate the case would be ruled a mistrial & it would have all been for nothing.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
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.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
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.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
#Trump leaves the courtROOM.
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.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
Last night on social media site, #Trump criticized the length of prosecutors’ closing argument, which lasted ~5hrs, describing it as a “filibuster,” even though there is no such thing in court. He also complained that he did not get a chance to respond to it, which is not how #ClosingArguments work & prosecution is always last in #NY court.
This morning, he again went after Justice #Merchan, who he falsely claims is biased against him.
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.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
If #Trump is #convicted, it will be up to Justice Juan M. #Merchan to decide whether his #punishment will include #prison time.
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.
#criminal #law #TrumpTrial #conspiracy #ElectionInterference
As was dramatically illustrated by #Trump atty Todd #Blanche yesterday, #jurors will NOT decide Trump’s #punishment if found #guilty.
But since we are both curious & ready for the accountability to begin here are some possible #penalties he may face.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
https://www.nytimes.com/2024/05/29/nyregion/trump-convicted-jail-penalties.html?smid=url-share
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.
As usual, #Trump has been quite active on his social media. Since court ended last night, he falsely claimed that prosecutors had introduced new “lies” about him during their closing arguments (you cannot introduce anything NEW in summation) & described #MichaelCohen, w/o specifically naming him, as “the bum that got caught stealing from me.”
#StochasticTerrorism #MobTactics #GagOrder
#criminal #law #TrumpTrial
Ford’s move to allow alcohol sales in corner stores is going to cost the province over $450 million dollars. Hands up, everyone who was having trouble finding places to buy booze?
Not to mention the fact that he could have saved $225 million just by waiting until next year.
Explain to me again how “conservative” governments are fiscally responsible?
Prosecutor Susan #Hoffinger reminds the judge that before the trial began, he himself precluded the jury from hearing anything about potential punishments for #Trump. “Mr. Blanche was certainly on notice that this was an improper argument,” Hoffinger says.
Hoffinger also argues that the defense misstated the #law when it came to how #legal retainer agreements work in NY. #Blanche argues that he is willing to litigate the issue further this evening.
Justice #Merchan calls in the #jury & instructs them that #Blanche’s comment about sending #Trump “to prison” was “improper” & that they must disregard it. He reminds them that a #prison sentence is NOT required in the event of a #guilty #verdict.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics
Joshua #Steinglass opens prosecution’s #ClosingArgument by reminding the #jury that during opening statements, his colleague said that the case, at its core, is about “a conspiracy & a coverup.”
He then delineates 3 elements that the prosecution must prove: That there were false business records, that they were used as part of the conspiracy & that #Trump himself was involved.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics
#Steinglass says that the defense seemed to question the prosecution’s integrity when referring to certain documentary #evidence.
“There’s nothing sinister here, no manipulation,” Steinglass says, explaining that all relevant calls are in evidence. Then he argues that in a defense exhibit showing calls between #MichaelCohen & another lawyer, #RobertCostello, the defense “double counted half the calls.” (prosecution got the witness to admit it on the stand)
#criminal #law #Trump #TrumpTrial
↑This goes directly at 1 of the 10 reasons for reasonable doubt that #Blanche kinda listed at the end of his closing. Blanche questioned whether the #evidence was handled properly.
Next, #Steinglass says that one of the defense’s narratives is “this notion that #StormyDaniels is trying to extort the defendant … threatened to go public unless she was paid off. But that's just not reality.”
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Steinglass quickly disposes w/some of #Blanche’s arguments, including the idea that there was an alternative #conspiracy involving #StormyDaniels, her manager & a #NationalEnquirer editor. He says that the defense is trying to distract from a key issue in the case, adding, “In the end, all of this doesn’t really matter.”
[thank you! This is about falsifying business records]
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics
#Steinglass list the many witnesses who testified who are still loyal to #Trump: #HopeHicks, #MadeleineWesterhout, #JeffreyMcConney, #RhonaGraff & David #Pecker. Steinglass says that Pecker has “absolutely no reason to lie here,” & adds, “and yet, his testimony is utterly devastating.”
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics
#Steinglass addresses #StormyDaniels’s testimony, saying that while she does not like Trump — & wants to see him convicted — her testimony about her sexual encounter w/him was credible, w/details that had the ring of truth.
He says, the encounter itself was important, because if the jury finds Daniels's testimony credible, it explains why #Trump would have sought to buy her silence.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics
“If her testimony was so irrelevant, why did they work so hard to try to discredit her?” #Steinglass asks, adding, “#StormyDaniels is the motive.”
Steinglass reminds the jury of the many ways defense worked to discredit Daniels.
Steinglass moves on to #MichaelCohen. He agrees that Cohen wants #Trump convicted, but says that Cohen is “understandably angry that to date, he’s the only one who’s paid the price for his role in this #conspiracy.”
#Steinglass tells jurors #Trump would not have paid a lot of money to #StormyDaniels just because someone had a photo of them on a golf course.
Steinglass says anyone in #MichaelCohen’s shoes would want the defendant to be held accountable”
“Mr. Trump decided, like he often does, 'I’m not going to pay this bill,'” Steinglass said, of the payment to the tech firm for which Cohen was eventually overpaid when he was reimbursed in 2017.
