On Thursday, the jury in the hush money trial of former President Donald Trump reconvened after examining parts of judge’s instruction and listening to some key witnesses’ testimonies regarding the alleged scheme that forms the basis of this historic trial. A jury request led the judge to read 30 pages of jury instructions which explained how inferential conclusions might be drawn from evidence.
The 12 member jury spent about 4 1/2 hours on Wednesday without reaching a verdict heard testimony again from a tabloid publisher and Trump’s former lawyer and personal fixer also testified on Thursday morning.
How long these deliberations will take is unknown. If convicted, it would be a stunning legal reckoning for the presumptive Republican presidential nominee as he tries to return to power but an acquittal would be significant gain for him and provide inspiration on his campaign trail.
As there must be unanimous decisions, if at all there is absence of consensus among jurors; then mistrial can occur in such cases.
On Wednesday evening, senior advisers to Trump’s campaign Chris LaCivita and Susie Wiles said this was not a kangaroo court in their memo that also claimed that it did not matter for November.
“In summary, voters are unaffected by this case,” they wrote .
Trump seemed pessimistic again on Thursday saying “It’s all rigged. The whole thing, the whole system is rigged.” This is part of language he used after losing 2020 presidential election or Iowa GOP primary of 2016.
Trump faces criminal charges alleging that he falsified business records at his organization concerning hiding potential embarrassing stories about him during his run for presidency in 2016 totaling up to thirty-four counts.
Thiș charge was levied against him as being guilty of felony when he reimbursed attorney Michael Cohen shortly after paying Stormy Daniels $130000 so she would keep quiet over her claims that she had sex with Donald Trump while married.
Trump allegedly disguised Cohen’s reimbursements as legal expenses so as to keep any connection with hush money payment secret.
On the other hand, Trump pleaded not guilty and claims that the payments made to Cohen were legit legal fees. He also denies having had any sexual affairs with Daniels outside marriage.
For a unanimous jury verdict of guilty against Trump they would have to determine that he either made or caused someone else in his company to make a false entry in its records which he knew was untrue and that it was done for the purpose of committing or concealing another crime.
Prosecutors say this is the crime Trump committed or hid, and it amounts to violation of New York election law which prohibits two or more conspirators “to promote or prevent the election of any person to a public office by unlawful means.”
Although all jurors must agree that something illegal happened during Trump’s campaign for presidency, they do not have to agree unanimously on what that illegal thing was.
The jurors, who come from various demographics and professional backgrounds within Manhattan community, seemed spellbound by much of the trial testimony including those by Mr. Cohn & Ms. Daniels. Prosecutors asked questions; defense lawyers did likewise while several focused spectators jotted down notes throughout their testimonies.
Juries began deliberating after a marathon day of closing arguments where it took over five hours for the prosecutor to speak, highlighting the burden ahead on the district attorney’s office to prove Trump is guilty beyond a reasonable doubt.
The absence of innocence in proving his conviction is not required by the Trump team but will have to rely on at least one jury who can state that the prosecutors have failed to convince them enough.
They first came back with Cohen and former National Enquirer publisher David Pecker concerning an August 2015 meeting involving Donald Trump at Trump Tower where he agreed to use this tabloid as his “spy” while launching his presidential campaign.
That, according to prosecutors, was when the catch-and-kill scheme, which forms the heart of this action, began.
Jurors also want Pecker’s recounting about a phone call in which he said Mr. Trump told him he had heard that another publication had offered to buy Ms. McDougal’s story that she had slept with Mr. Trump for almost all of 2006. The president has denied having an affair with her.
Pecker testified that when Trump asked him what should be done about it because considering buying McDougal’s story “isn’t it?” He said he would like him “to go ahead and purchase it and therefore take it off circulation.” Additionally, he stated that he does not buy stories because they always leak; hence Cohen will get in touch later.
The publisher said from their conversation, he thought then-candidate Donald was aware about details relating to McDougal’s accusations. I believed the story to be true,” Pecker said adding that if published it would have been embarrassing for both trump and his campaigns.
American Media Inc., parent company of The National Enquirer eventually paid McDougal $150,000 for her story rights through its fitness magazine among other publications as part of a broader agreement.
Fourthly, Pecker is to testify about his decision that October to back out of a deal selling the rights of the McDougal’s story directly to Trump through an “assignment of rights” which Cohen had formed for this purpose.
“I called Michael Cohen, and I said to him that the agreement, the assignment deal, is off. I am not going forward. It is a bad idea, and I want you to rip up the agreement,” Pecker testified. “He was very, very, angry. Very upset. Screaming, basically, at me.”
Pecker told Cohen yet again he was not going forward with it.
Accordingly Mr. Cohen replied: “The boss will be mad at you.”