NY v. Trump jury adjourns without reaching verdict on first day of deliberations
Judge Juan Merchan presented the jury with instructions Wednesday morning before they headed into deliberations for the rest of the day in former President Trump's New York criminal trial. Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records in the first degree. Trump has pleaded not guilty to all counts.
Coverage for this event has ended.
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Former president Donald Trump spoke outside the Manhattan courtroom Wednesday following the first day of jury deliberations.
"You have a very, very I mean, what is very unfair is that I'm not campaigning, in this room all day long, from morning to night in the Biden witch hunt," Trump said.
Trump lamented that "a lot of key witnesses" were not called by the prosecution that he says should have been. He didn't name names due to his gag order.
"Because of the gag order, I won't go down into individual names, but you have a lot of big players, very big players that would have solved their problem or actually would have given us the win. We already have the win...if we had a fair judge, this case would have been over a long time ago," Trump said.
"The other thing, the confusion is nobody knows what the crime is because there's no crime. Nobody knows what the crime is. The D.A. didn't name the crime. They don't know what the crime is. That's what the problem is. It's a disgrace," Trump added.
"This thing ought to be ended immediately. The judge ought to end it and save his reputation," he said .
Former federal prosecutor Andrew Cherkasky said Wednesday that the defense has 'been begging for clarity' about the specific charges former President Donald Trump is facing and noted "we've seen this train coming for a long time."
"We've seen this train coming for a long time," Cherkasky said during an appearance on "The Story" on Fox News Channel. "The defense has been begging for clarity about what this escalating offense really looks like, and now we see that all along was going to let the prosecutors, essentially, have this three-different-prong approach to that escalating offense."
"I think the idea of representing a client necessitates that you have adequate notice of exactly what you're defending your client against," he continued. "I think it's a major issue in this case."
If Trump is convicted and an appeal is issued, Cherkasky said they'll need to start raising issues from the beginning of the trial to the end, starting with Judge Juan Merchan's "bias."
Another "real issue" with the case, according to Cherkasky, is the prosecution's attempt of "showing other bad conduct of Donald Trump in order to prove his criminality" in this specific New York case.
Fox News' Judge Jeanine Pirro suggested Wednesday that Judge Juan Merchan, the judge overseeing Trump's New York City trial, intentionally "muddied up the waters," to make the case more complicated than it should have been.
"What the judge did was he muddied up the waters, and what was a relatively simple case has now been turned into a very complicated case by the judge saying, look now we've got these three misdemeanors, but if you believe that any of these three things happened, federal campaign violation, a tax violation or the falsification of records, and we don't really care whether you all agree on which one of these three things happened, then you can give the defendant a felony," Pirro said.
"That, to me, is the most shocking part of this," she later added. "It was almost as if he was making this up as he went along."
CNN senior data reporter Harry Enten revealed numbers on the network Wednesday showing that Americans’ opinions on former President Trump haven’t changed during his ongoing hush money trial in New York City.
As closing arguments in the trial occurred, Enten cited a Quinnipiac poll showing that after the prosecution examined Michael Cohen, 46% of respondents believed Trump had done something illegal regarding payments to adult film star Stormy Daniels — the same percentage as during pre-opening statements.
"The fact is that most Americans don’t really care that much," Enten told CNN anchor John Berman in a clip flagged by The Daily Caller, explaining why he believes public opinion hasn’t changed.
Berman asked how things have changed in the "44 days" since jury selection began."
Simply put, John, they have not," Enten said. He gestured toward a graphic showing Quinnipiac’s poll.
"Pre-opening statements, think Trump did something illegal, 46%, after the direct examination of Michael Cohen by the prosecution, look at where we are now, 46%," Enten said. "The percentage of Americans who think that the charges are very serious, in fact, dropped from 40% to a little bit more than 35% during the course of this trial."
This is an excerpt from an article by Fox News' Gabriel Hays
Criminal defense attorney Mark Eiglarsh said Wednesday that the waiting a defense team does during jury deliberations was like going through "hell."
"I feel like I felt every single time one of my juries went to deliberate. It's hell. It is horrible. You put in years of your life, and ultimately your entire fate, you and your client's, lies in the hands of 12 people that you really don't know," Eiglarsh told Fox News' Shannon Bream as the jurors in President Trump's on going trial continued in their fourth hour of deliberations.
"They're strangers. You really have no idea what side of the political aisle they're on. You have no idea what kind of baggage they bring to the courtroom. You absolutely have no idea. And anyone who thinks they know what the verdict is going to be, they really don't know," he added.
Doug Mills/Pool via REUTERS
Lawyers for former President Donald Trump on Wednesday filed a request with the New York Court of Appeals asking for it to expedite it's review of the gag order imposed by Judge Juan Merchan, a Trump campaign spokesperson confirmed.
“President Trump has filed a request with the New York Court of Appeals seeking expedited review of the unconstitutional Gag Order imposed by Justice Merchan," Steven Cheung, Trump campaign spokesperson said.
"The Gag Order wrongfully silences the leading candidate for President of the United States, President Trump, at the height of his campaign while he holds a commanding lead in the polls. The Gag Order applies only to President Trump and not to any of his political opponents and critics, including Crooked Joe Biden, whose campaign held a bizarre press conference on the steps of the courthouse yesterday. The Election Interfering Gag Order violates the First Amendment rights of President Trump and all American voters, who have a fundamental right to hear his message as they decide how to cast their ballots," he said.
"Outnumbered" host and former White House Press Secretary Kayleigh McEnany said Wednesday that the Biden campaign
"I'm very curious about this decision to speak after the verdict," McEnany said. "I'm very curious about what we saw yesterday..."
"I think they're desperate for attention," she added of the Biden-Harris campaign. "I think this has a lot to do with [Trump] driving the narrative and secondly, how successful the Bronx rally was. President Trump chose to go speak at the Libertarian convention over the weekend, and yeah, there were some boos here and there, but it was a creative move, an audacious move."
"Their efforts to be creative and nimble, I think, was best embodied with their debate salvo of 'Hey, take us up on these terms' and they set the terms of the debate. That was a case of the Biden campaign being nimble. Yesterday, I'm not quite sure fit the bill," she added, referencing the Biden campaign's decision to have actor Robert De Niro speak out against Trump outside the Manhattan courtroom on Tuesday.
McEnany also said she doesn't believe anyone from former President Donald Trump's legal team is "rooting for" a conviction and noted that the trial "hasn't hurt him" when it comes to polling.
"I don't think anyone on his team wants to see a conviction, not just for personal reasons but because that is a huge unknown. I mean it's never happened in history for a presidential candidate so it's a huge unknown politically, so I don't think anyone is rooting for that, per say," she said.
McEnany said she questions polls that argue that the "bottom will fall out" and Trump's lead in the polls will increase if he is convicted in the case of NY v. Trump, saying the "bottom hasn't fallen out yet."
Noting how Trump's unprecedented trial in New York hasn't hurt his standing in the polls, McEnany said, "Politico noted this number yesterday, that at the beginning of the trial, April 22, there was a 0.3% lead for Trump in FiveThirtyEight. Today, that's 1.4%. So, this hasn't hurt him."
"Yes, a conviction would be novel. Yes, who knows what would happen in the event of a conviction. But I wonder how much of this, a story line back from 2016, how much of this is already baked in," she added.
The request for instructions is particularly interesting. I cannot imagine a need for the instruction unless there was an early disagreement in that room on the evidence and the standards. That could indicate at least one juror who is not convinced by either Steinglass or Blanche saying that this is a no brainer.
-- Jonathan Turley, constitutional law attorney and Fox News contributor
Judge Juan Merchan instructed jury not to discuss research case. Court will resume at 9:30 a.m.
The jury sent two notes to the judge, including a request to rehear his instructions on how to consider the evidence.
They also asked to rehear testimony from former American Media, Inc. CEO David Pecker and Michael Cohen. Merchan said the court was still looking to locate the requested testimony, and estimated it would take approximately 30 minutes to read back.
It's unclear if the jury wants to hear the entirety of Merchan's instructions again; the judge said they can decide Thursday morning.
The jury can also decide tomorrow if they want to stay until 6:00 p.m. Thursday evening.
Trump walked out of the court room, and did not stop to speak but fist pumped as he walked by the cameras.
Sen. J.D. Vance is demanding a criminal investigation into New York Supreme Court Justice Juan Merchan over his enforcement of gag orders against former President Trump during his trial.
The Ohio Republican, a strong advocate of the former president, called on Attorney General Merrick Garland to open an investigation into Merchan, specifically for depriving Trump of his First Amendment right to free speech.
"The public evidence suggests that an investigation is warranted at least. And all indications are that the responsible parties have their sights set, not only on rights protected by the Constitution, but on rightsholders of core federal concern, including the leading candidate for the presidency," Vance wrote in a letter to Garland.
"The public evidence suggests that an investigation is warranted at least. And all indications are that the responsible parties have their sights set, not only on rights protected by the Constitution, but on rightsholders of core federal concern, including the leading candidate for the presidency," Vance wrote in a letter to Garland.
"On Merchan’s orders, a Republican presidential candidate has been made powerless to question the credibility of the witnesses testifying against him, the motivations of the prosecutors pursuing him, or the impartiality of the apparently conflicted judge fining him," Vance claimed.
The Department of Justice did not provide comment to Fox News Digital in time for publication.
Vance even suggested that Merchan has deprived Trump of more than just his First Amendment rights. He claimed the judge had tried to prevent the former president from getting an impartial jury. "During jury selection, Merchan refused to dismiss prospective jurors with obvious bias," he wrote.
Fox News' Julia Johnson contributed to this report.
What a spectacle. As the Donald Trump defense team summed up its case in downtown Manhattan, the Biden administration sent an actor -- Robert De Niro -- outside the courthouse to play political surrogate in a street press conference. In one of De Niro’s better recent performances, the actor morphed from politicized thespian to Manhattan street crazy before our eyes. All that was missing was the sign proclaiming, "Repent – The End Is Nigh."
He even wore a mask outside – until he got around a crowd, which is when he took it off.
Clearly, there’s something going on with Bob.
But was De Niro’s rant – in which he told us that a Trump presidency will mean that elections are "all done" and that the former president will "destroy not only the city, but the country, and eventually, he could destroy the world" – really as nutty as all that? Or was there a deeper message there?
Full story by Paul Mauro
REUTERS/Jane Rosenberg
The jury sent a second note to Judge Juan Merchan, asking to rehear his instructions.
The judge suggested bringing jury back and tells them they are looking for the requested testimony, and ask if they need all instructions re-read.
Fox News' Maria Paronich contributed to this update.
Trey Gowdy, a former state and federal prosecutor, said that it's "absolutely impossible to make anything" of the first jury note sent out since deliberations began.
Trial attorney Mercedes Colwin discusses what the makeup of the Trump jury means on 'America Reports.'
"Smart jury, I love it," Colwin said. "These are very smart people, and you needed people be very smart because there are so many facts... the you have to interpret a lot of complex issues."
I wonder how much weight the jury will give to Pecker’s testimony about how his relationship with Trump was mutually beneficial – National Enquirer readers loved good stories about Trump and thus, helping Trump was also good business for him.
-- Kerri Urbahn, Fox News legal editor
Pecker testified that he told Trump that “I would be your eyes and ears” and that “anything that I hear in the marketplace, if I hear anything negative about yourself or if I hear about women selling stories, I would notify Michael Cohen ... and then he would be able to get them killed in another magazine ... or somebody would have to purchase them.”
This is obviously a key issue on Trump’s knowledge and direction. Notably, the meeting did not include express statements on how payments would be made or how they would be recorded. It is a meeting that was primarily highlighted to show Trump’s knowledge of the work of Pecker and Cohen.
It is to be expected that any discussion of Trump's intent and knowledge would include a close review of the Trump Tower meeting. It also shows the importance of David Pecker and his testimony. Pecker offered both sides good testimony. For the prosecutors, he made clear that he was killing stories in relation to the election. However, for the defense, he admitted that he had previously killed stories not only for Trump (going back years) but for other celebrities.
The Trump Tower meeting is also key to the government's argument that none of this was "a normal legitimate press function." Merchan instructed the jury on the exception for such functions. Yet, neither side presented evidence on what are the normal or legitimate functions of the media. The Clinton campaign was known for killing or planting stories in the same campaign. Yet, the jury only heard from Steinglass who stated repeatedly as a fact that this was not "a normal legitimate press function."
-- Jonathan Turley, constitutional law attorney and FNC contributor
Bystanders outside former President Trump's criminal trial on Wednesday spoke to Fox News Digital and blasted what they said is a political prosecution of the former president and chief political rival of President Biden.
"This thing is damaging to the American legal system for decades to come," a man outside the courtroom told Fox News Digital. "The political use of the courts. Listen, on this level, it's dreadful… never mind Trump, it's damaging to the country."
When asked if he thought the trial was politically motivated, the man scoffed in agreement and said, "It's also economically motivated."
"Let's do it fair, let's lay out the deck of cards, if Biden is scared to lay down the deck of cards and ask what happened with the cocaine in the White House, the people still want to know… why CNN aint publicize that, why?"
Another man wearing a New York Yankees cap told Fox News Digital, "Why they ain't making no news about it? It's not about being a racist, you know I was a Democrat for long [time], but I had to research and start seeing things and I started to come to a clear perception and said, ‘Nah, Donald Trump is right.’"
"You don't have to agree with him about everything but one thing you can say… he love to take care of the people, he love people," the man added.
"Because he's doing everything for us," a woman outside the courtroom told Fox News Digital when asked why she believes Trump is a "good president."
Another man told Fox News Digital he thinks Democrats are "desperate" and "losing their s---."
"They're losing their composure and they're just so scared that he might be elected they're just losing their stuff totally," the man, who was holding an American flag, added.
When asked what the outcome of the trial will be, the man said, "His ratings will go up, we have a Constitution, so sooner or later, whatever at first happens will be overturned, so thank God we're a constitutional republic."
The man said he "wouldn't be surprised" if Trump was convicted in the New York City case, but the "consensus seems to be a hung jury."
"It shows that it's fragile," the man said about how this trial reflects the criminal justice system in the United States. "Half the country doesn't realize that we have a constitutional republic, and they think that the quote ‘majority' should make the laws and that's not the way it works. The Constitution supersedes the majority."
Fox News' Nikolas Lanum contributed to this report.
Former President Donald Trump and defense team and the prosecution walked back into the courtroom late Wednesday after the jury delivered a note to the judge.
The note came in at 2:56 p.m. The jury made four evidence requests; David Pecker's testimony regarding phone conversation with Trump, Pecker's testimony about his decision not to fund Karen McDougal’s life rights, Pecker's testimony on the Trump Tower meeting and Cohen's testimony on the Trump Tower meeting.
The jury will be brought back into the court room for the requested testimony to be read back to them.
Former President Trump's New York criminal trial is nearing its end as the jury deliberates Wednesday, but the proceedings have been a roller coaster for weeks.
The trial began April 15, and the former president has railed against the prosecutors, Judge Juan Merchan and some of the witnesses throughout the process. Here are some of the biggest moments over the past few weeks.
Michael Cohen admits to stealing from the Trump Org
Ex-lawyer Michael Cohen was the "star witness" for the prosecution, testifying that he had been the middleman for hush money payments from Trump to adult film actress Stormy Daniels.
Cohen admitted in testimony on May 20 that he stole thousands of dollars from the Trump Organization by overstating how much he paid a tech company that provided services for the Trump Organization.
Stormy Daniels' testimony backfires
Daniels testified earlier in the trial about her affair with Trump, telling the court that he paid her off to keep quiet.
Her testimony went into vulgar detail about her interactions with Trump, and many commentators – even those critical of the former president – thought it was a disaster for the prosecution.
Judge threatens Trump with jail time over gag order
Much of the drama in the trial has centered on Judge Juan Merchan's gag order against Trump, which prevents the former president from criticizing witnesses.
Merchan sided with prosecutors when they accused him of violating the gag order multiple times. The judge fined Trump $9,000 – $1,000 for each violation – and warned him that further violations could result in jail time.
Judge shuts down Trump's motion for a mistrial
Trump’s defense attorneys moved for a mistrial amid Daniels’ testimony, arguing it had been prejudicial.
Merchan said a mistrial was not warranted and that he was doing everything he could to control the witness, including once objecting to Daniels' testimony himself.
Biden campaign sends Robert De Niro to Trump's trial
Actor Robert De Niro crashed Trump's trial in an appearance with President Biden's campaign outside the Manhattan courtroom on Tuesday.
De Niro railed against Trump, arguing he would destroy the country if he gains office in 2024.
This update is from an excerpt of an article by Fox News' Anders Hagstrom.
Former President Donald Trump, left, and Supreme Court Justice Samuel Alito, right. (Getty Images)
Former President Donald Trump, citing legal scholars and other experts, said Wednesday that the jury instructions given by Judge Juan Merchan are some of the "most biased and unfair in Judicial History."
"According to the Legal Scholars and Experts, the Jury Instructions, given by a highly Conflicted Judge, will go down as the most biased and unfair in Judicial History," the former president wrote in a post to Truth Social. "Biden Witch Hunt. Election Interference!!
Trump's comments, which came from inside the court building as the jury continued deliberations Wednesday, come as Judge Merchan gave controversial juror instructions, telling jurors they can satisfy the "unlawful means" element of Trump's alleged crime with three different possibilities, noting that the jurors did not have to unanimously agree on which possibility met the criteria to reach a conviction.
In another post to Truth Social, the former president commended Supreme Court Justice Samuel Alito for showing "courage" in telling Congress he won't recuse himself from former President Trump's immunity case or other cases relating to the 2020 presidential election or the Jan. 6 Capitol protests.
"Congratulations to United States Supreme Court Justice Samuel Alito for showing the INTELLIGENCE, COURAGE, and 'GUTS' to refuse stepping aside from making a decision on anything January 6th related. All U.S. Judges, Justices, and Leaders should have such GRIT - Our Country would be far more advanced than its current status as A BADLY FAILING NATION, headed by the Worst President in American History, Crooked Joe Biden," Trump wrote.
Trump's comments on Alito came after the high court justice penned letters to lawmakers in the House and Senate responding to concerns about the flying of an upside-down American flag outside his home in Virginia, and an "Appeal to Heaven" flag at a vacation home in New Jersey.
Senate Judiciary Committee Chairman Dick Durbin, D-Ill., is among those who have called on Alito to recuse himself from such cases following a revelation that an upside-down flag was flown at his home in Virginia a week after the Capitol riot on Jan. 6, 2021.
"Flying an upside-down American flag – a symbol of the so-called ‘Stop the Steal’ movement – clearly creates the appearance of bias," Durbin said in a statement.
Fox News' Michael Lee and Greg Norman contributed to this update.
A Manhattan jury began deliberations Wednesday in former President Trump's New York criminal trial.
A guilty verdict in the historic case could have far-reaching consequences for the 2024 presidential election and upend criminal case law in New York, while a not guilty verdict would give Trump ammunition in a potential lawsuit for malicious prosecution, legal experts told Fox News Digital.
"It seems this is an all-or-nothing case, assuming arguendo there is a verdict and not a hung jury," said Trey Gowdy, "Sunday Night in America" host and a former federal prosecutor.
Manhattan District Attorney Alvin Bragg indicted Trump on 34 felony counts of falsifying business records in the first degree. Trump has pleaded not guilty to all counts.
Gowdy, who has been in the New York City courtroom where Trump's case will be decided, said it was unlikely for the jury to find Trump guilty on some charges but not others.
"I cannot foresee a verdict with some counts as guilty and others as not. Unless there is a lesser included misdemeanor charge, in which case there perhaps could be a series of convictions for felony and misdemeanor counts," he said.
Louis Gelormino, a Staten Island defense attorney, agreed that the jury would render the same verdict on all counts "because all the felonies are pretty much the same."
"They're just different instances of the same felony," he told Fox News Digital.
Fox News' Chris Pandolfo contributed to this report.
With former President Trump's criminal trial now in the hands of the jury, a pending verdict in the historic case could have serious consequences in the 2024 election between Trump and President Biden.
Trump currently holds a slight edge both in national polling and in public opinion surveys in most of the crucial battleground states that will likely decide their rematch.
However, Trump faces the possibility of being convicted on some or all of the nearly three-dozen state felony charges he faces in his trial in New York City, which is the first in the nation's history for a former or current president. There is also the prospect of a hung jury or an acquittal.
Could any of these legal outcomes alter the current trajectory in the White House race?
Veteran pollster Chris Anderson, a member of the Fox News Election Decision Team and the Democratic partner on the Fox News Poll, said that he did not think "a guilty verdict would fundamentally change the landscape of the race."
Daron Shaw, a politics professor and chair at the University of Texas who also serves as a member of the Fox News Decision Team and the Republican partner on the Fox News Poll, noted that "prior to 2020, no one would have thought that a candidate could survive a criminal conviction."
"But times and circumstances have evolved. And while the specific findings of the jury could matter, I think there is a sense that a conviction in this case would not appreciably change the dynamics of the race," Shaw emphasized.
Both pointed to the fact that "attitudes are so set in concrete" regarding both the former Republican president and his Democratic successor in the White House.
Fox News' Paul Steinhauser contributed to this report.
Trump attorney Will Scharf joined Fox News Channel's "America Reports" on Wednesday to discuss the New York trial of former President Donald Trump and whether he believes he'll be convicted, saying it has "more holes than Swiss cheese."
"Look, this is a deeply rigged trial that's being presided over by a deeply and irretrievably biased judge. That having been said, looking at the entire trial record here, having been in that court room, the evidence does not nearly amount to prove beyond a reasonable doubt any of the charges in the indictment," said Scharf, a Missouri attorney general candidate who's representing the former president in his Supreme Court immunity case.
"President Trump, I believe, did nothing wrong," Scharf continued. "I think the evidence shows that. I'm hopeful that the jury will do the right thing here."
Scharf said he believes "any fair jury" would see the trial for "what it is, which is a political show trial in the finest Stalinist sense in the word."
The Trump attorney said it's "absolutely outrageous" that the former president has been "pulled off the campaign trail" to deal with the trial.
Scharf also said he doesn't believe that "we're at the stage yet where we'd even begin to think about sentencing because I think the prosecution has abjectly failed to meet its burden in this case and I hope the jury sees that."
"I think this case has more holes than Swiss cheese and I'm hopeful this jury sees through it," he added.
Fox News' Trey Gowdy, Andy McCarthy and Lydia Hu analyze the New York case against Donald Trump while the jury deliberates 34 charges against the former president.
"What makes a criminal prosecution appropriate, in the sense of taking somebody's liberty away, the array of constitutional protections we have, I've always understood them in 20 years of prosecuting cases and more years than i care to count analyzing them... I've always understood that to mean every crime has a set of essential elements and what the jury what the jury has to be unanimous on is that the government's proved the elements beyond a reasonable doubt," McCarthy said.
Former President Trump vowed he would win the 2024 presidential election as the jury in the NY v. Trump case on Wednesday began deliberations regarding charges the 45th president says "Mother Teresa could not beat."
"The judge, who, as you know, is very conflicted and corrupt. Because of the confliction, very, very corrupt. Mother Teresa could not beat these charges. These charges are rigged. The whole thing is rigged," Trump said late Wednesday morning as jury deliberations kicked off.
"The whole country is a mess, between the borders and fake elections, and you have a trial like this where the judge is so conflicted, he can't breathe. He's got to do his job. … it's a disgrace. And I mean that, Mother Teresa could not beat those charges. But we'll see. We'll see how we do."
The jury began deliberations ahead of noon on Wednesday after a lengthy day in court on Tuesday, when they heard closing arguments from both the defense team and a lengthy closing argument from the district attorney's office.
Read the full story by Emma Colton here.
Former President Donald Trump ripped into Judge Juan Merchan as he awaited a verdict the NY v. Trump Trial.
"It is ridiculous, unconstitutional, and unAmerican that the highly conflicted, radical left judge is not requiring a unanimous decision on the fake charges against me brought by Soros backed D.A. Alvin Bragg. A third world election interference hoax," Trump said on social media Wednesday.
Trump's comments, which came from inside the court building as the jury continued deliberations Wednesday, come as Judge Merchan gave controversial juror instructions, telling jurors they can satisfy the "unlawful means" element of Trump's alleged crime with three different possibilities, noting that the jurors did not have to unanimously agree on which possibility met the criteria to reach a conviction.
Fox News host Trey Gowdy discusses the possible 'misconduct' by Judge Merchan and his relationship with the jury in the NY v Trump trial as deliberations are under way. 'Outnumbered' co-hosts react.
"I was a prosecutor so I kind of lean pro-prosecution, I have never had a judge that was actually part of the prosecution team," Gowdy said Wednesday. "He undercut the defense by excluding the expert. Even the tone in which he sustained other objections."
Fox News' Trey Gowdy, Shannon Bream and Andy McCarthy shared their thoughts on what could happen next in former President Trump's New York trial as the jury continued its second hour of deliberations.
McCarthy said it would be interesting if any notes from the jury were sent to the court as it deliberates, and that if the jurors couldn't agree on what Trump was concealing with the business records in question, then "by definition" that should be reasonable doubt to keep them from convicting him.
Gowdy said he didn't know "how to square" jurors being able to disagree on which crimes Trump committed, but still being able to convict him.
"Crime has a specific meaning to me. Does it have to be proven beyond a reasonable doubt? What are the elements of this unknown crime? It is for me, void for vagueness," he said.
Bream suggested that could show up on a future appeal should Trump be convicted because a defendant should "know what the crime is so they can mount a defense to that crime."
She added a note from the jury would indicate what the jurors might be struggling with as they deliberate.
Arizona Republican Rep. Andy Biggs, left, and Ohio Republican Rep. Jim Jordan, right. (Getty Images)
Several House Republicans took to social media Wednesday to declare their support for former President Donald Trump amid his trial in New York, saying the "deck [is] stacked against" him.
"Democrat judge. Democrat prosecutor. Democrat jury. Deck stacked against President Trump. Who did nothing wrong. And is still fighting for you," Ohio Republican Rep. Jim Jordan wrote in a post on X.
Georgia Republican Rep. Mike Collins blasted the trial as a "disgrace" and a "stain on our justice system" while lamenting the "motivated attacks" against the former president.
"This trial is a disgrace, sham, and stain on our justice system," Collins wrote in a post on X. "The American people see through the politically motivated attacks against President Trump and have already acquitted him in their minds."
Arizona GOP Rep. Andy Biggs also chimed in about the ongoing trial in a social media post, writing, "Prosecuting political opponents is a tactic you would expect to see in Communist China, not the United States of America."
"Election interference," Biggs added.
Echoing Biggs, Florida Republican Rep. Neal Dunn took issue with Judge Juan Merchan's "appalling" jury instructions and insisted it mirrors what "happens in third-world countries."
"Judge Merchan’s jury instructions are appalling and clearly intended to secure a conviction for President Trump," Dunn wrote in a post to X. "This is what happens in third-world countries with no respect for the rule of law - not the USA."
Jury instructions concluded Wednesday morning and the jury was dismissed to start deliberations in the unprecedented case against Trump.
Trump spoke outside the Manhattan courtroom after the jury was dismissed to begin deliberations, saying that "Mother Teresa could not beat these charges."
"I would say in listening to the charges from the judge, who, as you know, is very conflicted and corrupt because of the conflict and very, very corrupt...Mother Teresa could not beat these charges," Trump said. "These charges are rigged. The whole thing is rigged."
White House Press Secretary Karine Jean-Pierre said that a verdict in the NY. v. Trump trial would be an "important day" and that President Biden would have more to say on the matter at a later time.
"I have to be pretty honest with you. I have not talked to the president about that," Jean-Pierre said during a Wednesday news briefing when asked about the trial against former President Donald Trump. "This is going to be an important day. Obviously, the campaign is going to have more to share. The president and I said this yesterday a couple of times when I was asked this question in various ways that the president is focused on the American people delivering for the American people."
Jean-Pierre added that Biden would have more to say about the issue later.
"You'll hear him talk about talk about, you know, some of that today. Again, the campaign will speak to that since a campaign event," Jean-Pierre said. "That's his focus."
Rod Blagojevich/Photo by Scott Olson/Getty Images
Former Illinois Gov. Rod Blagojevich, who spent more than seven years in federal prison, said his "heart goes out to President Trump" as the 45th president sat through closing arguments in the NY v. Trump case.
"It’s brutal to have to sit through the closing arguments of dishonest prosecutors who lie about you to the jury with a partisan judge allowing the lies. My heart goes out to President Trump for having to endure this but my admiration for his strength & love of country grows," Blagojevich posted to Twitter on Wednesday.
Blagojevich spent nearly eight years in prison after he was found guilty of public corruption in 2008. He was subsequently impeached as governor and removed from office.
He was initially sentenced to 14 years in prison. Blagojevich was released from federal prison after Trump commuted his sentence in 2020.
Attorney Paul Mauro, a retired NYPD inspector and Fox News contributor, called the situation surrounding Judge Juan Merchan's involvement in multiple cases related to former President Donald Trump almost "incestuous."
Host Harris Faulkner noted Merchan was assigned to be the justice in former Trump advisor Steve Bannon's pending criminal fraud trial, calling it "interesting," and noting Americans were going to see more of him in the future.
Mauro explained he has been seeking answers on why Merchan has been assigned to multiple cases related to Trump, including the special grand jury that initially recommended the charges against him.
"He's got so many conflicts...In addition to [his] daughter, remember something else is the reporting is that his wife worked for T[Letitia] James, the AG who brought a case against Trump," Mauro said.
"You've got almost an incestuous situation going on among all of these players. Many of us would like to know how did Merchan get the case?"
Mauro also questioned how Trump's case was brought to trial "so quickly" considering efforts by criminal justice advocates in New York to prevent those accused of crimes sitting in jail waiting on a trial.
"Somehow or other, Donald Trump's case leapfrogged all of those ... Suddenly, everybody on the progressive left, they don't care about the rule of law they were so concerned about in a different a different context," he said.
"Trump's case came right to trial right immediately before the election, and a lot of people are sitting in Rikers waiting for their day as a result."
Former Assistant U.S. Attorney Andy McCarthy said Wednesday that Manhattan District Attorney Alvin Bragg is attempting to use misdemeanor charges to harshen penalties against former President Donald Trump.
"In every criminal case, the jury has to agree on the essential elements of the offense. That's why a conviction is appropriate. The thought that in the first ever trial of a former American president, who just happens to be a de facto nominee of a major party in an upcoming election, they're making up the rules of criminal procedure as they go along, said McCarthy, a Fox News contributor.
"I think the state election crime, my belief about that has always been that that collapses into the federal election crime because what they have to show is two or more people conspired to influence an election by unlawful means," he continued. "The unlawful means, as the state pitched it to the jury, is the federal election crime."
McCarthy added, "But the important thing to think about with respect to that crime is that it's a misdemeanor -- that conspiracy offense. So what Bragg is saying is I can take misdemeanor business records falsification, say that it was done to conceal a misdemeanor election crime, and I come up with a four-year felony that instead of the thing being time barred in 2019 I can continue to try even today."
Jury instructions concluded Wednesday morning and the jury was dismissed to start deliberations in the unprecedented case against Trump.
Former President Donald Trump took to his own social media platform, Truth Social, to blast the trial against him as the jury began deliberations Wednesday.
"I don't even know what the charges are in this rigged case," Trump said in all capital letters. "I am entitled to specificity like anyone else. There is no crime!"
Trump, who the judge has ordered to remain in the building as deliberations take place, made the post about an hour after jurors began their deliberations.
Wednesday's deliberations are expected to wrap up for the day at 4:30 P.M. if no verdict is reached, at which time Trump would be allowed to leave the building.
On Wednesday, Judge Juan Merchan, left, revealed the framework a Manhattan jury will use to consider the charges against former President Trump and reach a verdict. (Getty Images)
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 the 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."
Read the full story by Andrew Mark Miller here.
The 'Outnumbered' panel discussed their take on the former president's criminal trial and the impact the outcome of the trial could have on the 2024 presidential election.
Missouri GOP Sen. Josh Hawley, left, and Florida GOP Sen. Marco Rubio, right. (Getty Images)
Republican Sens. Marco Rubio of Florida and Josh Hawley of Missouri said former President Donald Trump's New York trial is similar to that used "against political opponents of the regime in the old Soviet Union" and a "mockery of the justice system."
"Judge in Trump case in NYC just told jury they don’t have to unanimously agree on which crime was committed as long as they all at least pick one," Rubio wrote in a post to X. "And that among the crimes [they] can pick from are ones Trump WASN’T EVEN CHARGED WITH!!!"
"This is exactly the kind of sham trial used against political opponents of the regime in the old Soviet Union," the Florida senator added.
Jury instructions concluded Wednesday morning and the jury was dismissed to start deliberations in the unprecedented case against Trump.
"This 'trial' is a mockery of the justice system from beginning to end," Hawley wrote in a post to X.
Trump spoke outside the Manhattan courtroom after the jury was dismissed to begin deliberations, saying that "Mother Teresa could not beat these charges."
"I would say in listening to the charges from the judge, who, as you know, is very conflicted and corrupt because of the conflict and very, very corrupt...Mother Teresa could not beat these charges," Trump said. "These charges are rigged. The whole thing is rigged."
Justice Juan Merchan instructs the jury before deliberations as Republican presidential candidate and former U.S. President Donald Trump looks on during his criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, at Manhattan state court in New York City, U.S. May 29, 2024 in this courtroom sketch. REUTERS/Jane Rosenberg
Alternate jurors will remain in the building to step in for one of the 12 jurors if one of those jurors is unable to continue deliberating for any reason.
Judge Merchan pulled the six alternate jurors to the side and gave them their own set of instructions, noting that the will not be sitting in on deliberations but had to remain in the building and be ready to tag in if needed.
The jurors, who sat in on the case for weeks, were told to hand in their cellphones and electronic devices and were taken to an area of the court house to wait.
The 12 members of the active jury began deliberations a little before 11:30 A.M. Wednesday and are expected to work until about 4:30 P.M. on the first day of deliberations.
Actor Robert De Niro slammed former President Trump in an email sent from the Biden-Harris campaign Wednesday, claiming he spent his presidency "sucking up to tyrants" and "supporting racists."
"I still cannot believe Donald Trump got elected president. Four years of sucking up to tyrants, supporting racists, ending Roe v. Wade, lying about the election when he lost, and calling for insurrection to stop the peaceful transfer of power," De Niro wrote on behalf of the president's re-election campaign.
De Niro also praised President Biden, saying he "defeated" Trump and "restored decency, compassion, and honest, intelligent leadership to the presidency."
De Niro claimed Trump is now "trying to claw his way back" and insisted it "scares the hell out" of him.
De Niro's remarks in the campaign email came one day after he appeared in New York City outside the Manhattan courtroom on behalf of the Biden-Harris campaign and claimed Trump is as a "danger" to Americans.
"I hope this new ad campaign reaches outside the bubble to remind supporters of what a danger he is to our lives. This is not a threat. This is our reality. And that's why I've joined the Biden-Harris campaign, because the only way to preserve our freedoms and hold on to our humanity is to vote for Joe Biden for president," De Niro said of Trump on Tuesday.
De Niro was joined by the Biden campaign's communications director, Michael Tyler, who called Trump a "chaos agent," as well DC Metropolitan Police Department Officer Michael Fanone and former Capitol Police Officer Harry Dunn, who was present in the Capitol on Jan. 6, 2021. President Biden and Vice President Kamala Harris were not present during the event.
Following the press conference, De Niro was confronted by protesters, who slammed the actor as "trash" and told him "you're washed up."
Fox News' Emma Colton contributed to this update.
Sen. JD Vance, R-Ohio, joins 'America's Newsroom' to explain why he believes every person involved in the prosecution of former President Trump is a 'Democratic political operative.'
Republican presidential candidate and former U.S. President Donald Trump sits in court as the jury deliberates in his criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, at Manhattan state court in New York City, U.S. May 29, 2024 in this courtroom sketch. REUTERS/Jane Rosenberg
It seems a real vulnerability for Trump is the tax crime. We’ve not talked about it a lot and there was not a lot of focus during trial on the tax charges. But, as Merchan just instructed, a tax crime could have been committed even if there was no underpayment of taxes. Prosecutors argued yesterday that reporting money as income when it was a reimbursement is a crime even when it does not result in underpayment of taxes.
They also say that defendants prepared false tax documents when they reported the reimbursement as income. So, if jurors believe that 1) documents were falsified 2) with intent to defraud …then the 3rd element, the objective offense, could be the intent to conceal or commit a tax crime.
And if jurors agree that that the reporting of a reimbursement as income is a tax crime, then that’s the third element to bump these misdemeanors to felonies. I don't mean to suggest that I think a conviction is likely or probable on this theory - I’m suggesting that of the three object offenses, it seems this presents an avenue for jury to find guilty without even touching the election and conspiracy issues.
-- Lydia Hu, Fox Business Network correspondent
I agree with Lydia. I thought they would drop the tax violation which was barely mentioned. It is still in play and dangerously vague.
-- Jonathan Turley, constitutional law attorney and Fox News Channel contributor
Former President Donald Trump spoke outside the Manhattan courtroom after the jury was dismissed to begin deliberations, saying that "Mother Teresa could not beat these charges."
"I would say in listening to the charges from the judge, who, as you know, is very conflicted and corrupt because of the conflict and very, very corrupt...Mother Teresa could not beat these charges," Trump said.
"These charges are rigged. The whole thing is rigged," he said. "And you have a trial like this where the judge is so conflicted," Trump said, adding that "it's a very disgraceful situation."
Jury instructions concluded Wednesdsay morning and the jury was dismissed to start deliberations in the unprecedented case against former President Donald Trump -- N.Y. v Trump.
Before the jury was dismissed, both parties held a sidebar with Judge Juan Merchan.
If the jury has a question on law, they will send a note asking to review. The first juror selected is foreperson. Foreperson does not need to the write note or even agree. The foreperson will read the verdict for each of charged accounts. Jurors will then be polled. Jurors will be given verdict sheet.
The jury may not leave jury room during deliberations. Lunch will be provided and they must give cell phones to a court officer. The jury can only deliberate when all gathered together in jury room.
Must discuss case only among selves, no one else, not even court officer.
If they have questions, they will write note to judge.
The plan today is to work until 4:30. The judge is not permitted to have conversations on facts of the case. No juror can say the vote of any count.
The judge directs all parties to be present during delibrations, and they cannot leave the building.
Fox News' Maria Paronich contributed to this update.
Jabin Botsford/Pool via REUTERS
Merchan instructed jury on knowledge of a conspiracy. He said, mere knowledge of a conspiracy does not make defendant a co-conspirator. Prosecutors must prove intent. Also, being present with others when they form a conspiracy does not mean that the defendant is a part of the conspiracy.
This instruction makes the Cohen’s testimony about calling Trump to advise of Stormy NDA issues, including the phone call to Schiller/Trump in Oct 2016, very important. If juror believes Cohen was advising Trump specifically of the NDA, getting approval and “sign off” from Trump to set up the bank account and LLC, the juror could maybe find intent on behalf of Trump.
Otherwise, evidence shows Trump was present at the 2015 Trump tower meeting with Pecker and Cohen when Pecker says he would be “eyes and ears” and Trump was a part of the TT meeting with Allen Weisselberg and Cohen as they talked about the $420,000 payments; in both cases, perhaps a juror could conclude Trump was present without taking action, so had no intent.
This illustrates why Blanche made a big production in court to cast doubt on Cohen’s version of the October 2016 call, that perhaps it was about prank calls not about Stormy at all. If he’s lying about that phone call, is he lying about them all?
-- Lydia Hu, Fox Business Network correspondent
So a dead misdemeanor for falsifying business records was zapped back into life by alleging that under NY election law 17-152 it was done to influence the election by the unlawful means of falsification of business records. It is so circular as to produce vertigo. So the jury finds some documents were falsified to use the unlawful means of falsifying other documents. That is only one of three possible crimes and the jury does not have to agree on which was the basis for their conviction.
-- Jonathan Turley, constitutional law attorney and FNC contributor
Former President Donald Trump unleashed a social media firestorm ahead of the jury in his New York trial beginning deliberations on Wednesday.
Court began shortly after 10:00 a.m. ET with Judge Juan Merchan reading the deliberation instructions to the jury before they seek to reach a verdict on the charges of falsification of business records against the former president.
"KANGAROO COURT! A CORRUPT AND CONFLICTED JUDGE. RELIANCE ON COUNSEL (ADVISE OF COUNSEL) NOT ALLOWED BY MERCHAN, A FIRST," Trump wrote on Truth Social.
"HIS RULINGS, ON A CASE THAT SHOULD, ACCORDING TO ALL LEGAL SCHOLARS AND EXPERTS, NEVER HAVE BEEN BROUGHT, HAVE MADE THIS A BIDEN PUSHED WITCH HUNT. THERE WAS NO CRIME, EXCEPT FOR THE BUM THAT GOT CAUGHT STEALING FROM ME! IN GOD WE TRUST!" he wrote.
Fox News contributor Andy McCarthy joins ‘America’s Newsroom’ with analysis on the N.Y. v. Trump trial ahead of jury deliberations.
The absence of a witness on media practices is becoming more and more significant. Such a witness could have discussed how stories are often killed or planted by campaigns in light of the press exception for common practices by the media. Instead, the prosecutor was allowed to state as a fact what the common practices of the media are in a campaign.
-- Jonathan Turley, constitutional law attorney and FNC contributor
Doug Mills/Pool via REUTERS
Judge Juan Merchan told the jury that in order to find the defendant guilty, the prosecutors are required to prove:
1. On or about Feb. 14, 2017, fromer president Donald Trump personally made or caused a false entry in business enterprise, specifically invoice from his ex-lawyer Michael Cohen
2. Trump did so with intent to commit another crime or intent to conceal another crime. That leaves 33 remaining counts – each for falsifying business records. The only difference is different business record or date. The jury can ask to repeat the law in its entirely as many times.
2nd count relates to voucher kept or remained by the Trump Organization. 3rd count relates to voucher kept or remained by Trump Org.
--4th is check
--5th – invoice from Cohen from March 2017
--6th – entry in general ledger for DJT Trust bearing voucher
--7th – check #000147
--8th – invoice from Cohen April 13, 2017
--9th - entry in general ledger for DJT
--10th – check from June 2017
--11th - invoice from Cohen from May 2017
--12th – entry in general ledger for Trump in May 2017
--13th – Check
--14th – invoice from Cohen
--15th – June general ledge entry
--16th – check & check stub from June 2017
--17th count invoice from Micahel Cohen
--18th entry from general ledger
--19th pertains to Donald J. Trump check and check stub
-- 20th count invoice from Michael Cohen
-- 21st count ledger entry for Donald J Trump
-- 22nd count pertains to check
-- 23rd count pertains to voice related to Cohen
-- 24th count entry in general ledger for Trump
-- 25th count check and check stub
-- 26th count invoice from Cohen
-- 27th count
-- 28th count check and check stub
-- 29th invoice from Michael Cohen
-- 30th count entry in general ledger of Trump
-- 31st count check and check stub
-- 32nd count invoice from Cohen
-- 33rd count entry in general ledger for Trump
-- 34th count also falsifying business records in the first degree, check
Fox News' Maria Paronich contributed to this update.
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, constitutional law attorney and FNC contributor
Merchan has instructed that the first count of falsifying business records in the first degree must show that Trump made or causes a false entry to be made. Intent means conscious or purpose to defraud. Intent does not require an intent to defraud any particular person or entry but a general intent to defraud.
Merchan said that the crime being committed was the NY election law by “unlawful means.” However, that “unlawful means” is shown when there is a showing of intent to cause actions or the performance of conduct.
-- Jonathan Turley, constitutional law attorney and FNC contributor
Judge Merchan made clear to jurors the circumstances in which they can find former President Donald Trump guilty.
The judge made clear that the burden of proof is on the people, or the prosecution in the case, and not on Trump, the defendant. Merchan also noted that Trump not testifying in the case is not to be used as a factor, telling jurors that the defendant is not the one has has to prove their own innocence and that the burden of proof never shift from the people to the defendant.
Merchan went on to explain the legal concept of burden of proof, noting that the law does not require the prosecution to prove guilt beyond all reasonable doubt. Each juror is responsible for deciding whether they are convinced beyond a reasonable doubt that the defendant is guilty or not, the judge said.
THe judge also reminded jurors that a verdict cannot rest on speculation.
Merchan instructed that Cohen is an accomplice and, as such, there is a special concern over such testimony particularly when there are benefits for testimony. There must be corroborating evidence. In other words, you may not convict the defendant solely on the basis of the testimony of Cohen.
-- Jonathan Turley, constitutional law attorney and FNC contributor
Former President Trump welcomes JD Vance, Republican candidate for U.S. senator, to the stage at a campaign rally in Youngstown, Ohio., Sept. 17, 2022. (AP Photo/Tom E. Puskar)
Ohio Republican Sen. JD Vance sent a letter Wednesday morning to Attorney General Merrick Garland, requesting an investigation into Judge Juan Merchan over former President Donald Trump's "clearly illegal" gag order.
"Judge Juan Merchan's unconstitutional gag order violates President Trump's First Amendment rights and is clearly illegal," Vance wrote in a post to X. "This morning, I sent a letter to the Attorney General requesting that he investigate Merchan's actions and consider prosecution for any criminal wrongdoing."
"At the very least, he should issue a document retention request so that future administrations can determine whether any illegal conduct transpired," he added in another post. "This case has shaken the People's trust in our justice system. We must rebuild it."
In his letter, Vance insisted "public evidence suggests that an investigation is warranted at least" and that "all indications are that the responsible parties have their sights set, not only on rights protected by the Constitution, but on rightsholders of core federal concern, including the leading candidate for the presidency."
Citing a number of statues, Vance claimed "Merchan's inquisition of Donald Trump has all the markings of an appropriate case."
"Merchan has imposed a prior restraint on the protected speech of a former president who is now leading presidential polling of the next election," Vance wrote. "On Merchan's orders, a Republican presidential candidate has been made powerless to question the credibility of the witness testifying against him, the motivations of the prosecutors pursuing him, or the impartiality of the apparently conflicted judge fining him."
"That would be disfavored in the best of circumstances," the Ohio Republican added. "It was not long ago that even the most liberal justices on the Supreme Court denounced so-called 'gag-orders.'"
Vance also concluded that Merchan has "done his best to deprive" Trump of his First Amendment Rights and a fair trial by an impartial jury.
Vance called on Garland to issue a response on whether he would open a criminal investigation into Judge Merchan by June 28.
Doug Mills/Pool via REUTERS
Judge Merchan is giving the standard instruction that they can reach inferences based on facts such as inferring that it rained from seeing people in raincoats. It is a rather quaint instruction after Merchan allowed the prosecutors to state as a "fact" that federal election violations occurred in this case. There is no such violation in this case, but Merchan did nothing to correct the erroneous impression. To carry forward the analogy, Steinglass was just yelling at the jury that there was a virtual hurricane on a perfectly sunny day but the judge remained entirely silent.
-- Jonathan Turley, constitutional law attorney and FNC contributor
Doug Mills/Pool via REUTERS
Judge is reminding the jury they pledged they could be fair. This is a point the defense attorneys should have hammered hard in their closing. Appeal to higher ideals, higher virtues. Appeal to fairness and justice though the heavens fall - especially in a case with such a polarizing defendant.
-- Trey Gowdy, “Sunday Night in America” host and former federal prosecutor
We are about to witness the dualism of something being simultaneously very important and very dry. Many lawyers - including this one - had a hard time following jury instructions in court. One has to wonder how lay persons can do so. And will this charge be sent back to the jury room or will they be asked to remember it all - in which case one should look for the jury to ask for the charge to be sent back or ask for parts to be re-read. Word of warning - do not read much into questions from the jury or requests to replay testimony (if they do not have a transcript). You don’t know if one juror wants it or all 12. Or why.
Judge will NOT send instructions back to jury room.
-- Trey Gowdy, “Sunday Night in America” host and former federal prosecutor
Trump is tweeting abt “advice of counsel” defense which seems appropriate here. He has been saying for some time that Merchan is not allowing that defense. Curious, since it seems Michael Cohen as lawyer told him he”d handle and Trump relied on that, it might have been a worthwhile effort.
— Judge Jeanine Pirro, “The Five” co-host
To Jeannine’s point, Merchan didn’t let Trump do advice of counsel defense, but he allowed Pecker to testify that he didn’t take reimbursement from Trump/Cohen for the McDougal NDA because the general counsel of AMI told him it might be illegal. So prosecutors were allowed to sneak in advice if counsel where it helped them.
-- Andy McCarthy, former assistant U.S. attorney and FNC contributor
CHARLY TRIBALLEAU/Pool via REUTERS
Perhaps there is a theory here I am missing, but unlike other cases where it could be possible for a mixed verdict of some guilty and some not guilty verdicts. It seems this is an all or nothing case, assuming arguendo there is a verdict and not a hung jury. 34 guilty verdicts or 34 not guilty verdicts or a hung jury. I cannot foresee a verdict with some counts as guilty and others as not. Unless there is a lesser included misdemeanor charge in which case there perhaps could be a series of convictions for felony and misdemeanor counts. But I remain open to ideas I have missed.
-- Trey Gowdy, “Sunday Night in America” host and former federal prosecutor
Donald Trump (Getty Images)
Former President Trump once again complained about gag order imposed on him in his Manhattan criminal trial as he arrived to the courtroom on Wednesday.
Trump posted about the issue on social media as his motorcade drove from Trump Tower to the courthouse in New York City.
"THE D.A.’s OFFICE WAS ALLOWED TO GO ON WITH 5 HOURS OF BULL…. YESTERDAY. I have no rights against this Crooked Judge’s Gag Order!" Trump wrote.
The former president shot off a flurry of other comments on social media before walking into the courtroom.
"NDA’s ARE TOTALLY LEGAL AND ACCEPTED!" he added.
He also referenced favorable quotes from a number of experts and commentators, including Fox News legal analyst Gregg Jarrett and Fox host Pete Hegseth.
It seems to me that this phrase “would not have been paid, but for the campaign“ from the prosecution is confusing in a pernicious way. It’s really more of a legal concept than a factual one. That is, categorically, NDA are not campaign expenditures because they are obligations created independent of the campaign. In other words, Stormy could’ve pressured Trump to pay up in contexts having nothing to do with the campaign; but what the jury is being told is that “but for the campaign” is more of a fact question than a legal question. That is, if Trump or Michael Cohen would not have paid stormy if it weren’t for the campaign, then it becomes a campaign expenditure. In reality, the campaign may have been Trump‘s motivation for paying up, but technically that doesn’t make the NDA a campaign expenditure. And as a matter of law, if an NDA is not technically a campaign expenditure, then it shouldn’t matter what his motive was.
--Andrew McCarthy, former assistant U.S. attorney and FNC contributor
We can watch for the judge’s instruction relating to the [Federal Employees' Compensation Act]. One theory advanced by prosecutors is that documents were falsified to conceal an illegal campaign contribution in violation of FECA.
From the 5/21 transcript, here’s what each side requested:
Prosecution request - “A candidate for Federal Office does not have to be the sole or only motivation for the third-party's payment, so long as the payment would not have been made but for the candidate's status as a candidate for Federal Office.”
Defense request - “If the payment would have been made, even in the absence of the candidacy, the payment should not be treated as a contribution.”
Merchan reserved on his decision, but indicated he was leaning toward including both sentences, which seems good for Trump. We will find out today how he handles in the jury instructions. If jurors believe that payment for the Daniels NDA would have been made even if Trump was not running for office (bc Trump was concerned about harm to family, business, reputation, etc) then that payment cannot be treated as a campaign contribution.
--Lydia Hu, FBN analyst
I'm curious as to how many times Merchan will order the jury to go back and continue to deliberate IF they come out and say they are “hung." Generally, an Allen charge is given once (that was my max) or twice.
--Judge Jeanine Pirro, “The Five” co-host
Judges usually tell the jury "I have no opinion on the merits of this case. To the extent I have said or done anything to suggest otherwise, you should disregard that. Simply put, I have no interest in your verdict."
Many judges include that in their standard instructions. We shall see if this one does although it will hardly be convincing after some of his rulings.
We will be listening for any adverse/uncalled witness instructions. In other words, is there any inference to be drawn from the fact that the prosecution (which has the burden of proof) did not call certain witnesses. Is that inference obviated by the fact the defense put up a defense case and also did not call those witnesses? How in depth will the judge go into the elements of the so-called other "crimes"? Does the state have to prove each element of the additional crime? How will the jury know if its a crime if they don't know the elements?
--Trey Gowdy, “Sunday Night in America” host and former federal prosecutor
Amber Rose, a model and reality television personality, endorsed former President Donald Trump via an Instagram post last week.
Rose posted a photo with Trump and his wife, Melania Trump, with the caption, “Trump 2024,” and three American flag emojis.
Her endorsement marks a major pivot for the “SlutWalk” protest founder who once called Trump a “f—-ing idiot.”
Rose is a former exotic dancer whose activism includes protesting systemic sexual assault and harassment on college campuses and beyond, The Cut reported.
In 2015, she raised more than $50,000 for the Amber Rose Foundation, which was said to “promote discussion about women’s rights and equality.”
Not all of Rose’s 24 million followers were pleased with her endorsement, the outlet noted.
“Imagine being an ‘advocate’ for women’s rights and endorsing Trump and his party who reversed Roe V Wade,” one user commented, while another wrote, “Lol I better never see you speak on women’s rights again!!”
Former President Trump recently shared a video on his Truth Social account that featured the phrase “unified Reich” among hypothetical headlines in the scenario he wins the November election against President Biden.
“Reich” is a German noun that is widely understood to be similar in meaning to the English word “realm.” The word is often associated with Adolf Hitler and his Third Reich. The phrase appeared among the fake headlines alongside others styled as World War I-era newspaper clippings boasting, “Trump wins!!” And “Economy booms!”
Trump ultimately deleted the video from his account and Trump spokesperson Karoline Leavitt claimed, “This was not a campaign video, it was created by a random account online and reposted by a staffer who clearly did not see the word, while the President was in court.”
CNN legal analyst Elie Honig said last week that both Michael Cohen, one of the prosecutors' star witnesses in New York's criminal case against former President Trump, and Bob Costello, the presumptive GOP nominee's only witness, have "substantial credibility issues.”
"I only think there was two witnesses that I found with substantial credibility issues. Costello, as I just said, and of course, Michael Cohen — whether one fully believes him or not, the guy has serious credibility issues. Maybe Stormy Daniels, but I didn’t find anything too outrageous about what she said,” Honig said. "I think the jury is going to be focused on, really, Michael Cohen above and beyond all else."
Honig said Costello wasn't credible because said the prosecution "contradicted Bob Costello with his own emails."
Last week, Costello, a former legal advisor to Cohen, testified that Cohen repeatedly claimed he had no incriminating information on Trump. Trump, facing trial in Manhattan, has pleaded not guilty to 34 counts of falsifying business records linked to alleged hush money payments to Stormy Daniels before the 2016 election. During his testimony, Costello's criticism of a judge's ruling prompted the courtroom to be cleared temporarily. Honig said Costello might have left a "bad taste" in the jury's mouth and argued it was a "terrible way to end this" for the defense.
Fox News’ Hanna Panreck contributed to this report.
With the end of former President Trump's criminal trial in sight, a pending verdict in the historic case could have serious consequences in the 2024 election rematch between President Biden and the former president, who currently has a slight edge in polling.
But with a potential conviction looming, veteran Democratic pollster Chris Anderson told Fox News that he didn't think "a guilty verdict would fundamentally change the landscape of the race." Longtime Republican pollster Neil Newhouse went even further, arguing that a Trump conviction "is unlikely to make any difference."
"We might see an ‘Access Hollywood’-type slump in Trump’s poll numbers, where some of his less devoted supporters sour on him temporarily, but then by November it will seem forgivable," Anderson said. "So, I don’t think a guilty verdict would fundamentally change the landscape of the race, but it will certainly be a new contour that could be meaningful in a close race."
New Yorkers were largely divided at the conclusion of the high-profile criminal trial of former President Trump.
"I think it's so political," one New Yorker told Fox News contributor Sara Carter during the "Hannity" exclusive last Tuesday. "It's so obviously political it's pathetic to even watch it."
The source continued saying that “the judge is biased against Trump, the district attorney is biased against Trump” and that it should have never been brought to court in the first place.
Another resident told Carter that Trump needs to "pay the price for what he did."
Manhattan District Attorney Alvin Bragg has charged Trump with 34 counts of first-degree falsifying business records. Trump has pleaded not guilty to all charges. Prosecutors must prove beyond a reasonable doubt that Trump falsified records to conceal a $130,000 payment to former adult film actress Stormy Daniels before the 2016 election, an allegation Trump denies.
Fox News’ Bailee Hill contributed to this report.
Red Finch is a small tech company that former Trump “fixer” Michael Cohen had hired during his time as Trump’s lawyer to help sway online polls to appear better for his boss.
Cohen allegedly owed $50,000 to the company’s owner, John Gauger, but only reportedly gave him a portion of the payment.
Cohen admitted during the defense’s cross examination to still asking for a $50,000 reimbursement from the Trump Organization, stealing several tens of thousands of dollars from the company.
Cohen’s reimbursement for the amount he said he paid to Red Finch was incorporated into the $420,000 he was paid by former Trump Organization CFO Allen Weisselberg for hush money payments to adult film star Stormy Daniels.
A conclusion to former President Trump's could come at any moment, with several potential outcomes still in play.
One possible outcome is that the former president is found guilty and convicted.
Legal experts have been split on how likely such a possibility is, noting that the prosecution must prove that not only did the former president falsify business records, but that he did so to further a separate crime.
A guilty verdict would likely result in an appeal from Trump, a process that could take years to sort out.
Another possibility is a directed verdict, the defense making a motion for the judge to dismiss the case. In such a scenario, the judge would have to agree that the prosecution did not provide enough evidence for a conviction and that the case lacks the need for a jury decision.
The judge could also dismiss the case by declaring a mistrial, either because he determined the case is inconclusive or if the jury was unable to reach a verdict.
The framework a Manhattan jury will use to consider the charges against former President Trump and reach a verdict will be revealed by Judge Juan Merchan on Wednesday.
The instructions will be issued nearly a week after they were initially set for release. It comes after weeks of speculation about the specific violations the jury will need to determine when weighing the charges of falsifying business records in the first degree against the former president.
Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records in the first degree. Trump has pleaded not guilty to all counts.
The jury instructions are expected to come after a full day of closing arguments were delivered by New York prosecutors and Trump defense attorneys.
Prosecutors needed to prove beyond a reasonable doubt that Trump falsified records to conceal a $130,000 payment to Stormy Daniels, a pornographic performer, in the lead-up to the 2016 election to silence her about an alleged affair with Trump in 2006. The former president has maintained his innocence.
Court will resume on Wednesday at 10:00 a.m. for jury instructions.
This is an excerpt from an article by Fox News' Brooke Singman
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