Judge Juan Merchan has instructed the jury in Trump’s “hush money” trial.
Merchan told the jury they do not have to agree unanimously to find Trump guilty but “can split 4-4-4 “on what crime underlies the charges.”
The National Pulse reported, “In order to prosecute the former Republican President, Manhattan District Attorney Alvin Bragg needed to produce an underlying crime tied to the 34 counts, which had already surpassed the statute of limitations.”
Legal analyst Johnathan Turley wrote on X Merchan, “There is no need to agree on what occurred. They can disagree on what the crime was among the three choices. Thus, this means that they could split 4-4-4, and he will still treat them as unanimous.”
This is insane.
New York Judge Merchan just told jurors that they DO NOT have to unanimously agree on what crime Trump is guilty of.
It could be a 4-4-4 split.
— End Wokeness (@EndWokeness) May 29, 2024
…Merchan just delivered the coup de grace instruction. He said that there is no need to agree on what occurred. They can disagree on what the crime was among the three choices. Thus, this means that they could split 4-4-4 and he will still treat them as unanimous…
— Jonathan Turley (@JonathanTurley) May 29, 2024
Here’s what Fox News reported:
Jury instructions concluded on Wednesday in the New York City criminal trial against former President Trump after the jury was given several critical directions on how to determine the guilt or innocence of the former president including one controversial instruction that Fox News Contributor Jonathan Turley called the “coup de grace.”
“Merchan just delivered the coup de grace instruction,” Turley explained. “He said that there is no need to agree on what occurred. They can disagree on what the crime was among the three choices. Thus, this means that they could split 4-4-4 and he will still treat them as unanimous.”
Judge Juan Merchan also instructed jury on knowledge of a conspiracy, according to Fox News’ Lydia Hu who was inside the courtroom on Wednesday.
“He said, mere knowledge of a conspiracy does not make [the] defendant a co-conspirator. Prosecutors must prove intent,” Hu reported. “Also, being present with others when they form a conspiracy does not mean that the defendant is a part of the conspiracy.”
Judge Merchan just told the jury that they do not need unanimity to convict. 4 could agree on one crime, 4 on a different one, and the other 4 on another. He said he would treat 4-4-4 as a unanimous verdict.
— John Roberts (@johnrobertsFox) May 29, 2024
Per The National Pulse:
In his instructions, Democrat-aligned Judge Juan Merchan told jurors that they do not have to agree unanimously on the underlying “predicate” crime to convict former President Donald J. Trump on 34 felony counts of falsifying business records.
The judge specifically told jurors they could split evenly 4-4-4 on which crime underlies the charges.In order to prosecute the former Republican President, Manhattan District Attorney Alvin Bragg needed to produce an underlying crime tied to the 34 counts, which had already surpassed the statute of limitations. In addition, the underlying “predicate” crime — which must be a felony — also enhances the falsifying records charges from standard misdemeanors to felonies.
Throughout the trial, the prosecution never directly laid out a case regarding the underlying crime — on which their entire prosecution depends. Ostensibly, the federal crime that Bragg‘s team points to is a campaign finance violation. However, Biden‘s Department of Justice (DOJ) never pursued the charge, and the Federal Election Commission (FEC) never fined Trump or his campaign for any violation regarding the payments allegedly made to Stormy Daniels through Michael Cohen.
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