#TrumpTrial Thurs 30 May 2024 🧵#Deliberations continue
Justice #Merchan says he believes that the #jury wants him to repeat a significant portion of the #JuryInstructions.
He will read pages 6-35.
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.
Justice #Merchan says the #jurors also asked for headphones to use w/the evidence laptop. This suggests they may want to listen to the secret recordings #MichaelCohen made, or excerpts from his podcasts, or some other piece of evidence that includes audio.
Yesterday, Merchan noted that the laptop jurors are using to view the evidence is not equipped w/ Wi-Fi, & he just did it again, on the record, & had both parties acknowledge that they’d heard him.
If the laptop had Wi-Fi, the #jurors would have access to info about the case during #deliberations that they aren’t supposed to.
By making the point about the Wi-Fi on the record, #Merchan has protected himself from either side making an issue out of it in an appeal (or in the media).
The #jury is back in the courtroom. The court reporter is on the stand to read the four portions of testimony.
The judge asks the jury whether they want to hear the #testimony or #JuryInstructions first.
Justice Merchan is beginning w/ p6, which starts w/ directing jurors how to consider #evidence, & ending w/ p 35, where the judge explains how his instructions on the #law apply to the counts in the case.
The #jury asked for instructions on “evidentiary inferences”—reasonable inferences they can draw from what was heard at trial. They asked to hear Merchan’s analogy:
“Suppose you go to bed…when it’s not raining & when you wake up in the morning, you look out your window; you don’t see rain, but see that the street & sidewalk are wet, & people are wearing raincoats & carrying umbrellas. Under those circumstances, it may be reasonable to infer…that it rained during the night.”
As Justice #Merchan re-reads the #JuryInstructions, #Trump has had his eyes closed, & his chin has sometimes slumped to his chest. At other times, his head has been fallen backwards — just waiting for his mouth to drop open & let flies enter. #NodFarter
Merchan is now in the middle of p 17 of the instructions, explaining jurors can consider whether any #witness would benefit from his or her own #testimony. (hmm)
Justice #Merchan is now at the part of the #JuryInstructions where he’s describing “#AccessorialLiability,” the part that suggests the defendant doesn't need to have actively participated in the commission of the #crime to be found #guilty, as long as he in some way DIRECTED or INTENTIONALLY AIDED the #criminal conduct of someone else. In this case, that relates to the alleged falsification of business records.
There were few #witnesses whose testimony was central to the #crimes charged. One was #MichaelCohen, whose #credibility was attacked by #Trump's lawyer Todd #Blanche.
Another witness —who had no connection to the falsification of business records— was #StormyDaniels, whose #HushMoney from Cohen is what was covered up. Susan Necheles, the defense lawyer w/the most trial experience on Trump's team, worked aggressively to sow doubts about Daniels’s story w/the jury.
#Merchan rereads the complex charges:
#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.
Justice #Merchan is done, & now the court reporter will read the #testimony. 2 court reporters will read. The first explains that she is the “lawyer” & that her colleague, on the witness stand is “David Pecker.” They start w/ testimony pertaining to a phone call that #Pecker & #Trump had in June 2016, acc/to Pecker’s testimony.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
This #testimony is good for the prosecution.
David #Pecker testified that #Trump acknowledged speaking to #MichaelCohen about the issue & acknowledged knowing #KarenMcDougal, one of the women who was eventually paid to keep quiet during the 2016 campaign about her story of having had an affair w/ Trump.
“Karen is a nice girl,” Trump said on this call, according to Pecker’s testimony.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
#Pecker testified that he recommended that #Trump buy #KarenMcDougal’s story. The portion of #testimony ends before the #jury hears what comes next. Pecker testified that #MichaelCohen called him back & told him to buy McDougal’s story on Trump's behalf.
Jurors heard the portion of Pecker's testimony when he said he believed the story of Trump having had an affair w/McDougal was true, & would be embarrassing to Trump.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
Next the court reporters read the second part of David #Pecker’s #testimony that the #jurors asked to hear, where he explains that he decided he did not want to be repaid for #KarenMcDougal’s story after purchasing it. The implication was that he was concerned about the #legal consequences of accepting a reimbursement - he testified that the concern was regarding FEC violations.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Jurors hear #Pecker recall that after he said he wasn’t going to go thru w/the agreement w/ #MichaelCohen, who was to pay him for the rights to #KarenMcDougal’s story using an LLC, Cohen told him: “The boss is going to be very angry at you.”
Court reporters read the 3rd portion of Pecker’s testimony. This part pertains to the Aug 2015 #TrumpTowerMeeting in which Pecker, Michael Cohen & #Trump entered a #conspiracy to suppress negative news about Trump during the #2016election.
#Pecker’s #testimony here is key to prosecution's case. Jurors also asked to hear MichaelCohen’s testimony about the #TrumpTowerMeeting. They will hear that next.
One of the major arguments the defense made during closings also pertained to this meeting, & concerned the idea that the phrase #CatchAndKill was not used during it.
(It’s not used in the charges either. It’s just a characterization not a legal term.)
#criminal #law #Trump #TrumpTrial #conspiracy #ElectionInterference
The #jurors just again heard #Pecker’s #testimony that the reason he was purchasing negative stories on #Trump’s behalf was to benefit his presidential campaign.
Defense atty Emil #Bove cross-examined Pecker, & jurors are hearing part of that cross now. Bove elicited testimony that Pecker misremembered the exact date of the Aug 2015 meeting, & more generally that Pecker was testifying about events from a long time ago.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
Testimony readbacks can highlight moments that were seemingly rushed by during trial.
Here, we see that it was very important for the defense for #Bove to call #Pecker’s memory about this meeting into question.
Also the importance of objections becomes very apparent. Any objection that was sustained by the judge — & several were in this cross of Pecker — is not read aloud as the jury considers a potential verdict.
#Pecker testified on cross-examination that the phrase “#CatchAndKill” was not used at the Aug 2015 #TrumpTowerMeeting — & that there was no financial agreement made in concert w/the plan for him to supress negative stories about #Trump AT THAT MEETING.
The defense has argued that both of those data points should cast doubt on the prosecution’s theory.
The end of the cross-examination of #Pecker was less good for the defense. It was just read aloud again. “There was a discussion about that I was going to be the eyes and ears of the campaign,” Pecker testified. “And there was a discussion that I would be notifying Michael Cohen of any women that were in the process of or going to be selling stories.”
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
Court reporters now read the 4th & final portion of #testimony that jurors asked to hear: #MichaelCohen’s recounting of that same #TrumpTowerMeeting.
Cohen’s testimony matches Pecker’s account closely. #Pecker testified that he had said he would be #Trump’s “eyes & ears” & watch out for negative stories. Cohen recalls him saying he would “keep an eye out for anything negative.”
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
The #testimony readbacks are complete, & #jurors are excused to continue their #deliberations. They have asked to use both headphones & speakers to listen to #evidence that includes an audio portion.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Trump leaves for his waiting room (an empty courtroom w/security), w/his entourage.
Trump, in the hallway outside the courtroom, falsely blames the #GagOrder as he refuses to answer reporters, telling them “I’d like to answer all of your questions, they’re very easy to answer.”
The questions shouted at him — including whether he worried about potential prison time — have nothing to do w/issues covered by the order.
#criminal #law #TrumpTrial #Gaslighting #propaganda #StochasticTerrorism
Why #jurors in the NY #criminal #TrumpTrial can’t have a copy of the #JuryInstructions:
The prohibition against jurors being provided a copy of written #legal instructions comes from a 1987 decision by the #NewYork Court of Appeals in #PeopleVOwens.
The court found that “the distribution of written instructions to the jury is not expressly authorized by #law, & error in such submissions cannot be deemed harmless,” meaning: providing instructions would result in a #conviction being #overturned.
I guess I don't see any real difference between an error communicated orally vs. one written down. Both can result in an overturned verdict and mistrial. But the common sense professional in me knows damned well that you get piss-poor results when you try to communicate 60 pages of complex material orally, without giving the audience a printed version to reinforce and reference.
Yes, and the judge (and us spectators) appreciate the hints as to what's going on in the jury room. Since they're now posted online, I wonder if the jurors are permitted to review their instructions evenings and weekends. It seems counterproductive to force the jurors to be the most poorly informed of all interested parties.
Nonilex
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