NEW YORK (AP) — Jury deliberations in Donald Trump ‘s criminal hush money trial began Wednesday after the panel received instructions from the judge on the law governing the case and what they can take into account in evaluating the former president’s guilt or innocence.
The historic deliberations followed Tuesday’s whirlwind of closing arguments, which stretched into the evening hours as prosecutor Joshua Steinglass accused Trump of intentionally deceiving voters by allegedly participating in a “catch-and-kill” scheme to bury stories that might obliterate his 2016 presidential bid. Steinglass further suggested that Trump operated with a “cavalier willingness” to hide payoffs and did so in a way that left “no paper trail.”
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The defense approached its summation much in the same way it approached cross-examination: by targeting the credibility of star witness Michael Cohen. Defense lawyer Todd Blanche branded Trump’s former lawyer as “the greatest liar of all time” while urging jurors to quickly acquit his client.
Trump faces 34 felony counts of falsifying business records, charges which are punishable by up to four years in prison. He has denied all wrongdoing and pleaded not guilty.
At the heart of the charges are reimbursements paid to Cohen for a $130,000 hush money payment to porn actor Stormy Daniels in exchange for not going public with her claim about a 2006 sexual encounter with Trump.
Prosecutors say the reimbursements were falsely logged as “legal expenses” to hide the true nature of the transactions.
The case is the first of Trump’s four indictments to reach trial and is the first-ever criminal case against a former U.S. president.
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MERCHAN ADDRESSES ALTERNATE JURORS
After the main jury in Donald Trump’s hush money case left the courtroom Wednesday, Judge Juan M. Merchan told the six alternates who remain in the courtroom that they will remain on standby in the courthouse as deliberations get underway.
He thanked them for their service and diligence, noting he saw one of the alternates go through three notebooks.
He said, “There might be a need for you at some point in deliberations.”
The alternates will be kept separate from the main jury and must also surrender their phones to court officers while deliberations are in progress. If a member of the main panel is unable to continue, an alternate can take that person’s place and deliberations will begin anew.
JURY DELIBER
ATIONS UNDERWAY
Jurors in Donald Trump’s criminal hush money trial have begun deliberating after Judge Juan M. Merchan finished instructing them Wednesday morning on the law governing the case and what they can consider as they work toward a verdict.
The trial is the first-ever criminal case against a former U.S. president.
TWO ELEMENTS PROSECUTORS MUST PROVE FOR A GUILTY VERDICT
Prosecutors are required to prove two elements for each of the counts in order to find Donald Trump guilty, Judge Juan M. Merchan told the jurors.
They must find that he “personally or by acting in concert with another person or persons made or caused a false entry in the records” or a business. Prosecutors must also prove that Trump did so with the intent to commit or conceal another crime.
Prosecutors allege the other crime that Trump intended to commit or conceal was a violation of a state election law regarding a conspiracy to promote or prevent an election by unlawful means.
The alleged unlawful means that jurors must consider are:
1. Violations of federal campaign finance law
2. Falsifying other business records, such as paperwork used to establish the bank account used to pay Stormy Daniels, bank records and tax forms
3. Violation of city, state and federal tax laws, including by providing false or fraudulent information on tax returns, “even if it does not result in underpayment of taxes”
EXPLAINING ‘CONSPIRACY TO PROMOTE OR PREVENT ELECTION’
In reading instructions to the jury in Donald Trump’s criminal trial, Judge Juan M. Merchan also went over New York’s law against “conspiracy to promote or prevent election,” a statute that’s important to the case.
Prosecutors claim that Trump falsified business records to cover up alleged violations of the election conspiracy law. The alleged violations, prosecutors say, were hush money payments that really amounted to illegal campaign contributions.
Under New York law, it’s a misdemeanor for two or more people to conspire to promote or prevent a candidate’s election “by unlawful means” if at least one of the conspirators takes action to carry out the plot.
The judge noted that the law also requires that a defendant have the intent unlawfully to prevent or promote the candidate’s election — not just that a defendant knows about the conspiracy or be present when it’s discussed.
In the defense’s closing argument Tuesday, Trump attorney Todd Blanche urged jurors to reject prosecutors’ election conspiracy assertions, insisting that “every campaign in this country is a conspiracy to promote a candidate.”
EXPLAINING ACC
ESSORIAL LIABILITY
Judge Juan M. Merchan instructed jurors on the concept of accessorial liability, under which a defendant can be held criminally responsible for someone else’s actions.
That’s a key component of the prosecution’s theory of Donald Trump’s hush money case because while Trump signed some of the checks at issue, people working for his company processed Michael Cohen’s invoices and entered the transactions into its accounting system.
To hold Trump liable for those actions, Merchan said jurors must find beyond a reasonable doubt that he solicited, requested or commanded those people to engage in that conduct and that he acted intentionally.
Prosecutor Joshua Steinglass touched on accessorial liability in his closing argument Tuesday, telling jurors: “No one is saying the defendant actually got behind a computer and typed in the false vouchers or stamped the false invoices or printed the false checks.”
“But he set in motion a chain of events that led to the creation of the false business records,” Steinglass said.
Trump has pleaded not guilty and denies wrongdoing.
HOW TO JUDGE THE TRUTH
The judge in Donald Trump’s criminal trial gave the jury some guidance on factors it can use to assess witness testimony, including its plausibility, its consistency with other testimony, the witness’s manner on the stand and whether the person has a motive to lie.
But, the judge said, “There is no particular formula for evaluating the truthfulness and accuracy of another person’s statement.”
The principles he outlined are standard but perhaps all the more relevant after Trump’s defense team leaned heavily on questioning the credibility of key prosecution witnesses, including the ex-president’s former personal lawyer and fixer Michael Cohen.
Jurors appeared alert and engaged as Judge Juan M. Merchan instructed them Wednesday morning. Several took notes as he recited instructions.
JUDGE TO JURORS: PERSONAL BIAS MUST BE PUT ASIDE
The judge in Donald Trump’s criminal trial reminded jurors Wednesday morning of their solemn responsibility to decide Trump’s guilt or innocence, gently and methodically reading through standard jury instructions that have a special resonance in the former president’s high-profile case.
“As a juror, you are asked to make a very important decision about another member of the community,” Judge Juan M. Merchan said, underscoring that — in the eyes of the law — the jurors and Trump are peers.
Merchan also reminded jurors of their vow, during jury selection, “to set aside any personal bias you may have in favor of or against” Trump and decide the case “fairly based on the evidence of the law.”
Echoing standard jury instructions, Merchan noted that even though the defense presented evidence, the burden of proof remains on the prosecutor and that Trump is “not required to prove that he is not guilty.”
“In fact,” noted Merchan, “the defendant is not required to prove or disprove anything.”
READING OF JURY INSTRUCTIONS UNDERWAY
The jury in Donald Trump’s hush money trial has entered the courtroom and taken their seats. Ahead of deliberations, Judge Juan M. Merchan has begun instructing the panel on the law that governs the case and what they can consider as they work toward a verdict.
Jurors will not receive copies of the instructions, but they can request to hear them again as many times as they wish, Merchan said.
“It is not my responsibility to judge the evidence here. It is yours,” he told them.
Trump leaned back in his chair and closed his eyes as Merchan told jurors that reading the instructions would take about an hour.
TRUMP ARRIVES AT
COURT
Donald Trump’s motorcade has arrived at the courthouse in lower Manhattan as proceedings in his hush money trial are set to resume.
He did not stop to speak to reporters as he typically does before entering court each day.
Trump’s son, Donald Trump Jr., joined him in the courtroom Wednesday morning and was in the first row of the gallery behind the defense table, sitting alongside Trump lawyer and spokesperson Alina Habba.
TRUMP POSTS ON SOCIAL MEDIA BEFORE HEADING TO COURT
Donald Trump posted again on his social media network before he left Trump Tower to head to the courthouse Wednesday morning, making another all-caps rant about the hush money trial, the judge and Michael Cohen.
He called it a “KANGAROO COURT!” and falsely claimed that Judge Juan M. Merchan barred him from defending himself by claiming that his alleged actions were taken on the advice of his then-lawyer, Cohen. Trump’s lawyers in March notified the court that they would not rely on that defense.
“THERE WAS NO CRIME, EXCEPT FOR THE BUM THAT GOT CAUGHT STEALING FROM ME!” Trump said, apparently referring to Cohen. He added: “IN GOD WE TRUST!”
Trump is prohibited under a gag order from making out-of-court statements about witnesses in the case, and he was previously penalized for comments about Cohen.
It’s unclear if Trump’s latest rant would rise to the level of a violation — or if prosecutors would seek to have the former president sanctioned for it. The judge has also indicated that he’d give Trump leeway in certain instances to respond to attacks from Cohen.
TRUMP’S MOTORCADE HEADS TO COURT
Donald Trump’s motorcade has left Trump Tower and is on its way to the courthouse in lower Manhattan where his hush money trial will resume.
The jury in the case is expected to begin deliberations after receiving instructions from the judge later in the day.
WHO IS ON THE JURY?
The jury in Donald Trump’s hush money trial is comprised of 18 Manhattan residents.
The main jury includes seven men and five women. There are also six alternate jurors who’ve listened to the testimony but won’t join in the deliberations unless one of the main jurors needs to drop out or is removed.
The jury members represent a diverse cross-section of the borough and come from various professional backgrounds, including a sales professional, a software engineer, a security engineer, a teacher, a speech therapist, multiple lawyers, an investment banker, and a retired wealth manager.
