Jury instructions in the New York City criminal trial of former President Trump concluded on Wednesday. Jurors received several key instructions on how to determine the former president’s guilt or innocence, including a controversial instruction that Fox News contributor Jonathan Turley called a “final blow.”
“Marchant just gave the order to execute the killing blow,” Turley explained. “He said there’s no need for agreement on what happened. There can be a difference of opinion on what was the crime among the three options. So even if there’s a 4-4-4 split, he’s going to treat it as unanimous.”
According to Fox News’ Lydia Hu, who was in the courtroom on Wednesday, Judge Huang Marchan also instructed the jury on whether they were aware of the conspiracy.
“He not only knows about the conspiracy, [the] “The defendant is a co-conspirator. The prosecution must prove intent,” Hu reported. “And just because a defendant was with others in forming the conspiracy does not make him part of the conspiracy.”
Could a Trump criminal trial verdict overturn the presidential election?
Judge Juan Marchan on Wednesday unveiled the framework a Manhattan jury will use to deliberate the charges against former President Trump and reach a verdict. (Getty Images)
Hu reported that this instruction would make testimony by Trump’s former lawyer Michael Cohen regarding his phone calls advising Stormy Daniels on non-disclosure agreement issues “very important,” because if jurors believed that Cohen was advising Trump on certain non-disclosure agreements and seeking “approval” to set up bank accounts and limited liability companies, “the jury could find intent in Trump’s favor.”
Jurors were told that if they had any questions about the law they should send in a note requesting corrections, and that the originally selected jury foreman did not have to write or agree to the note.
NY v. Trump: Ex-president launches social media tirade ahead of jury verdictno
Tiffany Trump and Eric Trump’s wife, Lara, sit in the front row next to former US President Donald Trump, who is charged with falsifying business records to hide payments made to silence porn actress Stormy Daniels in 2016. In this courtroom sketch, lawyer Todd Blanche delivers closing arguments in Trump’s criminal trial in state court in Manhattan, New York City, USA, on May 28, 2024. (Reuters/Jane Rosenberg)
Judge Marchan told the jury that to convict the defendants, prosecutors would need to prove that on or about February 14, 2017, former President Donald Trump personally made or caused to be made false statements in business reports, specifically in invoices from his former lawyer, Michael Cohen.
Second, the jury must conclude that Trump did so with the intent to commit another crime or with the intent to cover up another crime. That leaves 33 charges, each of which is falsifying business records. The only difference between the charges is that the business records or dates are different. The jury can ask for the law to be repeated in its entirety as many times as they like.
“Mr. Marchan instructed that the first count of falsifying business records in the first degree must prove that Mr. Trump made or caused to be made a false statement,” Turley reported. “Intent means intending or knowing to defraud. Intent does not require an intent to defraud a specific person or statement, but a general intent to defraud.”
Click here to get the FOX News app
Michael Cohen is questioned again by prosecutor Susan Hoffinger in the criminal trial of former US President Donald Trump, who is accused of falsifying business records to hide money paid to silence porn actress Stormy Daniels in 2016. In this courtroom sketch, Cohen is seen in state court in Manhattan, New York City, US, on May 20, 2024. (Reuters/Jane Rosenberg)
Turley continued, “Mr. Marchan stated that the crimes committed were violations of New York State election law through ‘unlawful means,’ but that ‘unlawful means’ is established when an act or intent to cause an act to be committed is shown.”
Jurors are not allowed to leave the jury room during verdict deliberations and must surrender their cell phones to court officials. Jurors may only discuss the case among themselves and may only deliberate verdicts when all jurors are present in the jury room.
The jury was instructed to work until 4:30 p.m.
Trump has pleaded not guilty to 34 counts of falsifying business records in connection with his alleged hush money payments to Stormy Daniels before the 2016 election.
Fox News’ Maria Paronich, Lydia Hu and Shannon Bream contributed to this report.
