(Jonathan Turley) I am back in the courtroom for the instructions.
…This judge has stated that he wants to stay close to the standard instructions. The problem is that this case is anything but standard. We will be looking for some of the outstanding issues, particularly on the standard of proof for key elements like “unlawful means.” …
…Yesterday was chilling as the judge allowed the prosecutors to engage in what some of us view as highly improper arguments. That included effectively testifying on facts not in the record. Merchan’s view of “argument” was considerably broader for the prosecution than the defense. For the prosecutors making objections, the strike zone seemed like it stretched from dugout to dugout. For the defense, it seemed the size of a postage stamp…
…Judge Merchan is now instructing the jury…
…He has ruled that the jury will not be given copies of the instructions but can ask for them to be read to them again.
…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.
……Merchan is telling them that they can only consider Cohen’s plea to a federal election violation was only allowed to judge his credibility and offer “context.” That is mere meek after the prosecutors said repeatedly that such violations were committed as an indisputable fact and that Trump ordered them to be committed…
……Judge Merchan just said that if they find that any witness has testified with regard to any material fact, they can disregard the entirety of his or her testimony. It could be called the Michael Cohen charge. It seems clear to some of us that Cohen clearly lied about the key call that he cited for telling Trump about the completion of the Daniels deal and his ridiculous claim that he secretly taped Trump for his own benefit…
……Merchan also instructed that they may consider the interests of the witness in the outcome of the case. One of the least convincing parts of the closing argument of the prosecution was the claim that Michael Cohen was attacking Trump and selling merchandise to feed his family. Steinglass portrayed Cohen as struggling in his luxury multimillion dollar condo while making millions. It was a far cry from pushing a food cart down Broadway to support his family…
…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.
…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.
