NEW YORK (AP) — The first day of jury deliberations in Donald Trump’s criminal hush money trial concluded after the panel sent their first two notes to the judge Wednesday afternoon, just a few hours after beginning deliberations.
They requested to rehear jury instructions, as well as rehear testimony from former National Enquirer publisher David Pecker about the August 2015 Trump Tower meeting where he agreed to identify negative stories for Trump, a phone call he says he had with Trump about the Karen McDougal deal, and his decision not to sell the rights to McDougal’s story to Trump.
The jury also asked to hear Michael Cohen’s testimony about the same Trump Tower meeting.
Judge Juan M. Merchan said it would take some time to gather the requested testimony and about a half hour to re-read it to the jury. Deliberations will resume Thursday morning.
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The historic deliberations followed Tuesday’s whirlwind of closing arguments, which stretched into the evening 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.
The defense approached its summation much in the same way it approached cross-examination: by targeting the credibility of star witness Michael Cohen.
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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WHY DOES GATHERING REQUESTED TESTIMONY TAKE SO LONG?
One reason why the process of gathering requested testimony for the jury is somewhat painstaking is that witnesses aren’t always asked about events in one fell swoop.
Sometimes lawyers will return to a topic at different points in their questioning, and the same events can be covered again and again on direct examination and cross-examination. One of the goals of sifting through the transcripts is to ensure that no relevant testimony is left out.
The lawyers also want to make sure that testimony they feel isn’t relevant to the jury’s request is left out of whatever is read back to the panel. Opposing sides often debate what is and isn’t pertinent.
LAWYERS WORK TO ISOLATE PORTIONS OF TRIAL TRANSCRIPTS
With Donald Trump gone from the courtroom, a pair of prosecutors and a pair of defense lawyers in his hush money case huddled Wednesday afternoon around the defense table poring over hard copies of the transcripts.
Assistant District Attorney Joshua Steinglass leaned over a thick, bound transcript, reading through lines as his colleague Susan Hoffinger jotted notes on a notepad. Trump lawyers Todd Blanche and Emil Bove stood at their spots at the defense table, reading through yet more transcripts and conferring with their opposite numbers. At one point, Steinglass looked up from his volume and flashed a broad smile at Blanche, who reacted in kind — a moment of collegiality among courtroom rivals.
JUDGE GRANTS DEFENSE REQUEST
Judge Juan M. Merchan granted a defense request Wednesday afternoon to allow Donald Trump to return to his waiting area in the courtroom across the hall while the lawyers continue to work on the transcript issue.
However, Trump can’t leave yet — Merchan said he wants him close by in case any issues arise that require his presence.
JURY EXCUSED FOR THE DAY
Judge Juan M. Merchan has excused jurors in Donald Trump’s hush money trial, ending the first day of deliberations.
Merchan said the jury can decide on its own if it wants to hear all of the instructions again, or just some, and then send him another note reflecting that decision.