Here we go:
https://www.documentcloud.org/...harges-final-5-23-24

Thankyou! I can read and reread instead of trying to play catchup listening.

You are welcome.

Those are complicated instructions. How is the jury supposed to remember them all if not given a copy? It says on the first page the jury won't be given a copy.

Asking the judge to re-read them is not a cure for not being sure what they say. Even as an ex-lawyer, I'd have to hear them multiple times to understand them. A copy of the instructions would be much better.

I never practiced criminal law, and maybe that is different. But I'm pretty sure juries get copies of the legal instructions in civil trials in Alaska, where I practiced.

I think the jury is likely to be confused, and might well hang.

I read them, and they are not bad as long as I could go back on a couple things. Listening to it, especially while working, was tough to cipher. I would not like, not having this to refer to on things.

quote:

Originally posted by RolandtheHeadless:
Those are complicated instructions. How is the jury supposed to remember them all if not given a copy? It says on the first page the jury won't be given a copy.

Asking the judge to re-read them is not a cure for not being sure what they say. Even as an ex-lawyer, I'd have to hear them multiple times to understand them. A copy of the instructions would be much better.

I never practiced criminal law, and maybe that is different. But I'm pretty sure juries get copies of the legal instructions in civil trials in Alaska, where I practiced.

I think the jury is likely to be confused, and might well hang.

In KY they get the written instructions in both civil and criminal cases.

They have to answer the instructions as the instructions become the written verdict.

quote:

Originally posted by LHeym500:

quote:

Originally posted by RolandtheHeadless:
Those are complicated instructions. How is the jury supposed to remember them all if not given a copy? It says on the first page the jury won't be given a copy.

Asking the judge to re-read them is not a cure for not being sure what they say. Even as an ex-lawyer, I'd have to hear them multiple times to understand them. A copy of the instructions would be much better.

I never practiced criminal law, and maybe that is different. But I'm pretty sure juries get copies of the legal instructions in civil trials in Alaska, where I practiced.

I think the jury is likely to be confused, and might well hang.

In KY they get the written instructions in both civil and criminal cases.

They have to answer the instructions as the instructions become the written verdict.

Do they have to consider each count separately? If so that could take a lot of time.

Yes.

Each count gets its own verdict.

Guilty, Not Guilt, or hung as it relates to that count.

This is odd. None of the charges are about having sex. Instead, they are about falsifying business records with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise.

Those words are repeated over again in all 34 counts.

The "another crime" is the violation of NY election campaign law. https://casetext.com/statute/c...-or-prevent-election

Someone inform Fox News.

===========================================

This is complicated. I think this article explains the prosecution's case:

https://wapo.st/3V5RGQK

This obscure N.Y. election law is at the heart of Trump’s hush money trial

===============================================

https://casetext.com/statute/c...-or-prevent-election

Section 17-152 - Conspiracy to promote or prevent election
Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.

N.Y. Elec. Law § 17-152

=================================================


Prosecutors say a misdemeanor state conspiracy statute spells out the underlying crime Trump aimed to conceal when he made hush money payments in 2016.
By David Nakamura
May 6, 2024 at 5:00 a.m. EDT

(excerpt)

The law — Section 17-152 of the state’s election code — makes it a misdemeanor for two or more people to “conspire to promote or prevent the election of any person to a public office by unlawful means.” Trump is not being charged under that statute , which apparently has been used only a few times in cases related to state or local elections, though it is a key factor in his case.

The former president faces 34 felony counts of falsifying business records to cover up $130,000 paid to adult film actress Stormy Daniels to keep her allegations of a sexual affair hidden from voters. If convicted, Trump could face up to four years in prison.

In bringing the felony charges, prosecutors are required to prove not just that Trump doctored records, but that he did so to commit or conceal another crime. The underlying crime that motivated Trump’s alleged misconduct, prosecutors said in court, was a conspiracy to defraud voters in his presidential campaign.

Prosecutors say Trump falsely recorded payments to his then-attorney Michael Cohen as a legal retainer instead of what they really were: reimbursement for the payoff to Daniels. In legal filings last year, Bragg’s team members cited statute 17-152 as one of three possible underlying crimes to help make their case. The others they cited were that Trump sought to skirt New York tax laws and that he violated federal campaign finance regulations.

Anna Cominsky, associate professor at New York Law School, said focusing on the state election law statute is a way for prosecutors to present the most straightforward case to jurors. Bragg’s team does not have to prove Trump violated the statute but merely demonstrate that he was falsifying internal Trump Organization records as part of a broader scheme to improperly influence the 2016 election.

The prosecutors “don’t have to prove an underlying crime was committed. They have to make clear enough what their basis is — what that alleged crime is — but not get too deep,” Cominsky said. “They do not want the jury to think they have to find him guilty of another crime, also. That’s definitely a dance they’re playing right now.”

Cominsky said the extraordinary nature of Trump’s case as the first trial of a former president has made for unusual legal scenarios.

“This is that one in a million case, but that doesn’t mean that it’s selective prosecution, and it does not mean they don’t have the facts to back it up,” she said. “To me, it makes sense to use this law because it fits with the facts they have.”

=============================================

https://www.yahoo.com/news/her...trial-120050092.html

In case anyone is wondering, here's the 34 counts:

Here's a list of the 34 charges Donald Trump faces in his hush money trial
The jury will begin deliberations on Wednesday.

Chanelle Chandler·Reporter
Updated Wed, May 29, 2024 at 12:11 PM EDT·15 min read

Closing arguments for former President Donald Trump’s historic hush money trial concluded on Tuesday. The jury received their instructions Wednesday morning, and are now deliberating the case.

The Manhattan district attorney’s office charged Trump with 34 felony counts of falsifying business records, alleging that he “orchestrated a scheme” that violated campaign finance laws in an attempt to hide a $130,000 hush money payment to adult film star Stormy Daniels.

During the trial, Michael Cohen, Trump’s former lawyer, testified that he paid Daniels on behalf of Trump during his 2016 presidential campaign in an effort to suppress Daniels’s claim that she had an affair with Trump in 2006. Trump has pleaded not guilty.

Cohen testified that in 2017, he worked out a reimbursement arrangement with the Trump Organization. With no legal retainer agreement in place, Cohen said he submitted monthly $35,000 invoices for expenses totaling $420,000, which included the $130,000 payment to Daniels.

These invoices, checks and other financial documents are among the evidence that prosecutors claim proves Trump falsified business records in order to cover up the hush money payment.

Below are the 34 counts, as listed by the DA’s office.

First count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about February 14, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated February 14, 2017, marked as a record of the Donald J. Trump Revocable Trust, and kept and maintained by the Trump Organization.”

Second count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about February 14, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842457, and kept and maintained by the Trump Organization.”

Third count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about February 14, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842460, and kept and maintained by the Trump Organization.”

Fourth count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about February 14, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump Revocable Trust Account check and check stub dated February 14, 2017, bearing check number 000138, and kept and maintained by the Trump Organization.”

Fifth count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about March 16, 2017 through March 17, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated February 16, 2017 and transmitted on or about March 16, 2017, marked as a record of the Donald J. Trump Revocable Trust, and kept and maintained by the Trump Organization.”

Sixth count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about March 17, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 846907, and kept and maintained by the Trump Organization.”

Seventh count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about March 17, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump Revocable Trust Account check and check stub dated March 17, 2017, bearing check number 000147, and kept and maintained by the Trump Organization.”

Eighth count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about April 13, 2017 through June 19, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated April 13, 2017, marked as a record of Donald J. Trump, and kept and maintained by the Trump Organization.”

Ninth count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about June 19, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 858770, and kept and maintained by the Trump Organization.”

10th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about June 19, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump account check and check stub dated June 19, 2017, bearing check number 002740, and kept and maintained by the Trump Organization.”

11th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about May 22, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated May 22, 2017, marked as a record of Donald J. Trump, and kept and maintained by the Trump Organization.”

12th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about May 22, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 855331, and kept and maintained by the Trump Organization.”

13th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about May 23, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump account check and check stub dated May 23, 2017, bearing check number 002700, and kept and maintained by the Trump Organization.”

14th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about June 16, 2017 through June 19, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated June 16, 2017, marked as a record of Donald J. Trump, and kept and maintained by the Trump Organization.”

15th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about June 19, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 858772, and kept and maintained by the Trump Organization.”

16th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about June 19, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump account check and check stub dated June 19, 2017, bearing check number 002741, and kept and maintained by the Trump Organization.”

17th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about July 11, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated July 11, 2017, marked as a record of Donald J. Trump, and kept and maintained by the Trump Organization.”

18th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about July 11, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 861096, and kept and maintained by the Trump Organization.”

19th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about July 11, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump account check and check stub dated July 11, 2017, bearing check number 002781, and kept and maintained by the Trump Organization.”

20th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about August 1, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated August 1, 2017, marked as a record of Donald J. Trump, and kept and maintained by the Trump Organization.”

21st count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about August 1, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 863641, and kept and maintained by the Trump Organization.”

22nd count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about August 1, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump account check and check stub dated August 1, 2017, bearing check number 002821, and kept and maintained by the Trump Organization.”

23rd count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about September 11, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated September 11, 2017, marked as a record of Donald J. Trump, and kept and maintained by the Trump Organization.”

24th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about September 11, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 868174, and kept and maintained by the Trump Organization.”

25th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about September 12, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump account check and check stub dated September 12, 2017, bearing check number 002908, and kept and maintained by the Trump Organization.”

26th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about October 18, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated October 18, 2017, marked as a record of Donald J. Trump, and kept and maintained by the Trump Organization.”

27th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about October 18, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 872654, and kept and maintained by the Trump Organization.”

28th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about October 18, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump account check and check stub dated October 18, 2017, bearing check number 002944, and kept and maintained by the Trump Organization.”

29th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about November 20, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated November 20, 2017, marked as a record of Donald J. Trump, and kept and maintained by the Trump Organization.”

30th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about November 20, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 876511, and kept and maintained by the Trump Organization.”

31st count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about November 21, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump account check and check stub dated November 21, 2017, bearing check number 002980, and kept and maintained by the Trump Organization.”

32nd count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about December 1, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated December 1, 2017, marked as a record of Donald J. Trump, and kept and maintained by the Trump Organization.”

33rd count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about December 1, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 877785, and kept and maintained by the Trump Organization.”

34th count: Falsifying business records in the first degree
“The defendant, in the County of New York and elsewhere, on or about December 5, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, a Donald J. Trump account check and check stub dated December 5, 2017, bearing check number 003006, and kept and maintained by the Trump Organization.”

quote:

Originally posted by LHeym500:
Yes.

Each count gets its own verdict.

Guilty, Not Guilt, or hung as it relates to that count.

Of course.

Then no matter what the verdict is, they will appeals.

The system is setup to enrich the human vermin!

Everyone looses.

But they get richer!

IMO, if he's acquitted, there will be no appeal. This outcome is very unlikely anyway, IMO.

If he's convicted, for sure there will be appeal.

If it's a mistrial, I don't know about that. Appeal isn't an option as I understand it. Another trial, another jury? Unlikely, IMO.

Anyway, here's a short video further explaining my post above: (This straight analysis is something not to be found on Fox or Newsmax)

https://www.msn.com/en-us/news...Gfa?ocid=socialshare

Explained: The most misunderstood twist in the charges against Donald Trump

The jury in Donald Trump's hush money criminal trial in New York have to ask themselves a series of questions on their way to arriving at a verdict in the case, with the final step being less prescribed than many people are accustomed to seeing, and consequently a lot of people are misunderstanding how it works. MSNBC legal correspondent Lisa Rubin and former prosecutor Duncan Levin explain why it's simpler than it sounds.

Also:

https://www.msn.com/en-us/news...34250491177cae&ei=55

https://www.msn.com/en-us/vide...pU3?ocid=socialshare

If he is acquitted, there is nothing to appeal.

I think every state in a criminal case permits at least one appeal of a conviction by right.

KY does.

Yes, any conviction will be appealed, and appellate review needs to be provided.

The only thing that gets annoying is when the trial court correctly applies a legal principle, only for the courts to adopt a new controlling rationale.

I would be concerned that the instructions define Reasonable Doubt.

Most state Supreme Courts by caselaw do not allow a definition of Reasonable Doubt.

That is because the jury gets to define define what is reasonable through its opinion.

Now, some courts have said Reasonable Doubt can be defined, but it cannot be defined incorrectly, and we have never defind Reasonable Doubt, and the institution given is not correct. However, they provide no definition.

I will look up whether NY permits defining Reasonable Doubt.

quote:

Originally posted by LHeym500:
I would be concerned that the instructions define Reasonable Doubt.

Most state Supreme Courts by caselaw do not allow a definition of Reasonable Doubt.

That is because the jury gets to define define what is reasonable through its opinion.

Now, some courts have said Reasonable Doubt can be defined, but it cannot be defined incorrectly, and we have never defind Reasonable Doubt, and the institution given is not correct. However, they provide no definition.

I will look up whether NY permits defining Reasonable Doubt.

Marchan is a sitting Justice of the New York Supreme Court, I'm guessing he knows New York law.

Interesting… the instructions refer to federal election law. That is listed as a crime being covered up.

I thought you all said this was a trial on state grounds… ie, the state jury is being asked to decide if Trump violated federal election law to benefit to allow the state law of falsifying records become a felony because it is a cover up of another crime.

The instructions on their face are certainly fair enough, except in that one particular in my opinion.

The instructions don’t seem that complex…

But while I can certainly see Cohens records being evidence, I don’t really understand how cohen’s duplicate records are a basis for a charge- evidence, sure. Charge against Cohen, sure… a charge against Trump, not so getting it. How does Trump falsify Cohen’s records?

Well, the Supreme Court of NY is not an appellate court. It is a trial court.

When I say Supreme a court, I am referring to states highest court of plea.

I would hope do. It flags for me a potential issue.

To my amazement and shock, NY state courts do appear to be able to instruct on the definition of Beyond a Reasonable Doubt.

It appears the Court used this model instruction.

https://www.nycourts.gov/judge...easonable_Doubt.docx

Interesting and you learn something new.

quote:

Originally posted by LHeym500:
To my amazement and shock, NY state courts do appear to be able to instruct on the definition of Beyond a Reasonable Doubt.

It appears the Court used this model instruction.

https://www.nycourts.gov/judge...easonable_Doubt.docx

Interesting and you learn something new.

Imagine that, a distinguished State Judge knowing both State Law and what he's doing...

Just odd. To define reasonable doubt is not the general rule. Interesting that NY permits it.

I have been impressed with how he has presided over the case, and defended him here.

That said, NY does allow a jury to take written instructions into deliberations. Permitted but not mandated. I have red the model instruction on it.

I would he r permitted that jury to have the written instruction.

Mr. LHeym500, sir, could you please explain something?

I keep looking at this and I could certainly be wrong. I am confused, now, even though I thought I had it straight.

What I'm not seeing is the link or jump in law supporting the felony charges stemming from a section defining a misdemeanor. "They" say it's so, but fail to provide the link in statute or case law which makes it so. Or maybe I'm just not seeing it.

I'll copy an excerpt from an article, which hopefully shows the source of confusion to a non-lawyer.

https://www.msn.com/en-us/news...33ff73c0bf3621&ei=20

Trump just debuted a new trial spin as the jury deliberates, claiming 'nobody knows what the crime is'

(the excerpt)

Reading into Trump's remarks and social-media posts on Wednesday, his campaign seems to be attempting to create confusion about a straightforward part of the jury's job.

The jury must reach a "guilty" or "not guilty" verdict on each of the 34 counts, one for each record.

On its own, the crime of "falsifying business records" in New York is considered a misdemeanor crime. But each count can be transformed into a felony if a jury finds that it was carried out in an attempt to commit or conceal another crime that would itself be a felony.

Prosecutors allege that the felony law Trump attempted to violate or cover up is section 17-152 of the New York Election Law , saying he conspired to promote himself in the 2016 presidential election "by unlawful means."

Prosecutors offered three different possible "unlawful means" carried out by Trump in the plot to pay Stormy Daniels hush money 11 days before the 2016 presidential election:

Violating federal campaign finance laws.
Causing certain invoices, bank records, or tax documents to include false information.
Submitting false tax documents.

Jurors need to unanimously agree on each of the 34 document-falsification counts to find Trump guilty.

But they do not need to agree on which of the three "unlawful means" Trump took as a path to falsify each document.

New York Supreme Court Justice Juan Merchan explained it clearly in his hourlong instructions to the jury on Wednesday morning.

"Although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those unlawful means were," Merchan told the jurors.

=========================================

NY Election Law Section 17-152
Conspiracy to promote or prevent election
Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.

I am going to restate your question to make sure I understand it. If I am wrong please correct me. I know I am dense.

What I think you are asking me is:

Does the jury have to be unanimous as to the method of of fraud? Fraud includes the intent to commit or conceal another crime.

The unlawful means is the fraud which includes the intent to commit or conceal another crime. This intent to commit or conceal another crime is NY Election Law. The Court gives the statute. What triggers the elevation to a felony is the falsification to with intent to commit a violation of NY election law must have Rolfe intent is some other unlawful means. A mother law being violated.

The jury just had to be unanimous as to each count, falsification, that, that specific falsification was made to promote fraud including the intent to commit or conceal another crime.

This other crime is violation of the NY election law. That has to be unanimous. However, to elevate to felony a horror has to find an unlawful means.

A juror could think it was for anything or combination or things, so long as that was to further an unlawful means. The prosecution presented 3 theories of unlawful means.


For support I refer you to page 29-32 of the first charged count. The Court’s instructions list the in other crimes the prosecution alleged President Trump intended to commit or conceal. Those theories the prosecution presented being Fed campaign finance law, or falsification of business records, or violation of tax law.

The jury does not have to be unions as to these unlawful means theories.

Either or one of those theories are sufficient or all three.

The juror just has to find beyond a reasonable doubt that President Trump made or intended the falsification to be made to further a fraud including the intent to commit or conceal another crime. That being violation of the NY election law. That has to be unanimous.

Then to make the felony a juror has to find one or more of the unlawful means. being the intent to commit or conceal a violation of Fed campaign law. One juror could say tax violation was intended to be violated. The Either way, that requires those two juries to vote guilty to that count.

More, the other crime NY election law of falsification as unlawful means does not have to be complete in the commitment nor concealment. The jury just has to find the intent to do so was present as the intent to whichever applied to President Trump.

President Trump is claiming that unless the jury, trial, and prosecution prove one, other crime, unlawful means, has been completed as it relates to each count. In addition, that singular unlawful means is found by all juries the conviction is tainted and legally impossible.

Under these instructions, that is inaccurate. I cannot state whether the instructions are correct as to this issue. That is for the NY Appellate Courts to tell us. I simply do not have the knowledge base.

Another obvious area of appeal will be the hearsay testimony admitted for other purposes and not the truth of the matter asserted. That is a very complicated legal analysis.





Did that help.

If someone thinks I am wrong, jump in.

quote:

Did that help.

It didn't make it worse, at least.

I read your post and the analysis in the article posted above several times.

Thanks for trying. I can't deal with so many moving parts.

I could continue analyzing this but it ain't worth the brain damage.

What matters in the short term is what the jury decides.

================================

Wow, while I was distracted, contemplating, etc. all of a sudden it happened.

Guilty on all counts.

https://people.com/donald-trum...iminal-trial-8652510

I am sorry.

Thank you for caring.