Judge Juan Merchan : “Trump Conviction Possibility in N.Y.”

Left: Judge Juan Merchan poses for a picture in his chambers in New York, Thursday, March 14, 2024. Merchan is presiding over Donald Trump’s hush money case in New York (AP Photo/Seth Wenig); Right: FILE – Former President Donald Trump is escorted to a courtroom, April 4, 2023, in New York (AP Photo/Mary Altaffer, File).

Donald Trump Faces Possible Non-Unanimous Conviction in Hush Money Case

Former President Donald Trump, 77, could potentially be convicted in New York City on hush-money charges even without a unanimous jury verdict on the specifics of the alleged crime.

The case has generated significant attention, controversy, and debate surrounding the role of the jury in determining the outcome, and the interpretation of the law as explained by New York County Supreme Court Justice Juan Merchan.

Complex Legal Theory at Play

At the heart of the matter is a complex legal theory presented by Manhattan District Attorney Alvin Bragg and his trial team. The case follows a three-step process involving specific statutes and elements that the jury must consider.

The primary charge against Trump is 34 counts of falsifying business records in the first degree, with the key element being the intent to defraud in connection with another crime or to aid in concealing its commission.

According to the jury instructions, the alleged crime that Trump intended to commit, aid, or conceal is a violation of New York Election Law section 175-12, which pertains to conspiring to promote or prevent the election of a person to public office by unlawful means.

Unanimity Question

Judge Merchan’s instructions to the jury allow for non-unanimous agreement on the specific unlawful means through which the conspiracy was carried out. The jury is presented with three options: violations of the Federal Election Campaign Act (FECA), falsification of other business records, or violation of tax laws.

This approach has led to confusion among observers and legal experts regarding the jury’s decision-making process and the level of agreement required for a conviction.

Legal Interpretations and Clarifications

Various legal experts have weighed in on the matter, with differing opinions on the significance of the jury’s agreement on the underlying theory of criminality. While some argue for unanimity on the specific crime committed, others suggest that agreement on the broader elements of the case is sufficient.

As the deliberations continue, the potential implications of the jury’s understanding of the instructions and the complexity of the legal framework remain subjects of intense scrutiny.

Future Implications and Appellate Considerations

The evolving nature of the case and the jury’s deliberations may have implications for potential appeals and future legal proceedings. The intricate details of the unanimity question and the application of legal principles are likely to shape the outcome of the trial.

As the trial unfolds, legal experts, observers, and the public await the jury’s final decision and the subsequent implications for Trump and the broader legal landscape.

For more updates and in-depth coverage, stay tuned to Law & Crime.