Trump’s team did not request instruction in any misdemeanors.

This was catastrophic to trying to obtain a hung jury.

A juror who had a misdemeanor instruction could rationalized back from guilty to guilty on misdemeanor(s). In doing so, maybe pull other jurors w that juror.

By permitting instructions as felonies only, a juror who thought Trump was guilty only had the felony theory of the case before them and instructed to find.

That is on Trump’s legal team.

New York law says that judges can submit lesser-included charges to the jury “if there is a reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater.” The law further says that, in such situations, if either side asks for a lesser-included option, then the court must give it.

https://www.msnbc.com/deadline...onviction-rcna152361

I don't know if trump's lawyers asked for the lesser-included offenses or not. Maybe they did and the court concluded that there was no reasonable view of the evidence that justified it. It might also be that trump's lawyers thought if they argued the misdemeanor charges, a jury might have construed such a request as an admission that he was guilty of the misdemeanors?

To successfully challenge a jury instruction, the defense has to object, state legal grounds, and proffer an alternative instruction.

There was no reporting that the defense objected to any instruction. I have not seen any reporting that a request led misdemeanor instruction was denied.

I do not believe this judge would deny an instruction on misdemeanors if he had been asked. That is an assumption on my part.

The case revolves on misdemeanors. You would think, they would have raised Hell for a misdemeanor instruction.

Might have something to do with the fact that the statute of limitations had expired on the misdemeanor charges?

Bingo. That is it.

But I would instruct (seek instructions), then as a defense have may acquittal as part of the insurrection with a specific finding of fact on when the SOL ran.

Or at least get someone chasing to hang.