As most here know, both sides have finished the presentation of their case in chief. Judge Merchan has dismissed jurors to enjoy a long Memorial Day weekend before closing arguments begin next Tuesday.
First, a big THANK YOU to KeithDB and others who have covered this trial so the rest of us can engage in more productive pursuits. I frankly would rather watch a live trial (which many folks find boring) rather than pundits discussing it.
This is a short update on what I have been able to find out about jury instructions.
All of us know that in order to get a conviction, a unanimous jury must find guilt beyond a reasonable doubt. We also can surmise that there is more likely to be convictions for the lesser “crimes” of falsifying business records.
The BIG crime is whether or not these records were falsified to cover up a separate crime. Here is the good news: Judge Merchan has ruled that the jurors do NOT have to be unanimous on WHAT CRIME Trump was intending to cover up. That is, the jurors can “unamimously” find Trump guilty whether they believe he was covering up an election crime, a tax crime, or any other violation of federal or state election law, and Trump can still be found guilty of the felony-level offenses.
Apparently, sometime earlier in the proceedings, Trump forfeited his right to the “I was following the advice of my attorney” defense.
We all also know that if Trump is convicted, he is very likely going to appeal. So...he will possibly have to pony up bail (depending on sentencing) to stay out of jail through the election.
One thing we can count on—this sordidness will continue to be in the news. Although the MAGA base will be energized and rally around the blatant corruption (giving the middle finger to the rest of us), the message will also not be lost on independents, “undecideds” and unenthusiastic Democrats.