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Merchan just delivered the coup de grace instruction ( what?)
Jonathan Turley ^

Posted on 05/29/2024 8:23:32 AM PDT by janetjanet998

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

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.


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: calvinball; democratcalvinball; merchan; wetbackcur
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To: maro

“Think about what you are saying. Let’s say there are 12 charges. Each juror thinks that one and only one of the twelve charges is valid against the defendant. But each juror chooses a different charge. So, even though each of the charges fails on a 11 to 1 vote, according to you, the defendant is guilty of derivative crime.”

Absolutely incorrect. For every charge, each juror must unanimously agree on all of the elements of the crime. Trump is facing 34 charges, each one of those will be decided on its own. You can’t pull a vote from each charge together.


201 posted on 05/29/2024 12:21:00 PM PDT by CraigEsq (,)
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To: nfldgirl

“It makes my head spin just trying to decipher this BS legal jargon.”

It’s not the legal jargon that’s the problem, it’s people’s uninformed blathering about it on this forum. It’s not really complicated.


202 posted on 05/29/2024 12:25:10 PM PDT by CraigEsq (,)
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To: MeganC; janetjanet998; JonPreston

>>>>Merchan is making up laws as he goes along. The SOB needs to be hauled out of the court and hauled up a street light.<<<<

Yeah, meggie, spoken like someone who’s acting to entice a FReeper to commit an illegal act.

The Biden/Zelensky Regime is proud of you.


203 posted on 05/29/2024 12:26:38 PM PDT by bimboeruption (“Less propaganda would be appreciated.” JimRob 12-2-2023)
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To: Oldeconomybuyer
You cannot leave the building.

Translation: Any guilty verdict and I throw you in jail for the mugshot. If you resist, we have the FBI team that missed you in Florida raid on standby.

204 posted on 05/29/2024 12:28:51 PM PDT by DCBryan1 (Inter arma enim silent leges! - Cicero )
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To: RoseofTexas

If he is found guilty they will process him. Then he will likely be released until sentencing. The court will get reports about his background and create a sentencing score which goes to set the parameters for his punishment. In MA that takes a month to six weeks.

Then he goes back in for sentencing. That’s when we find out if he is going to prison.


205 posted on 05/29/2024 12:32:54 PM PDT by Vermont Lt (Don’t vote for anyone over 70 years old. Get rid of the geriatric politicians.)
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To: Nervous Tick

amen


206 posted on 05/29/2024 12:46:49 PM PDT by CottonBall (“I’m from Queens. I can take it.” The Donald, about the booing at the Libertarian convention.)
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To: CraigEsq

I’m talking about 12 alleged crimes that are the predicate for the violation of NY law that is the reason for the trial. Of course, 12 is a hypothetical, since only 3 predicate crimes have been alleged in the case, as I understand it.


207 posted on 05/29/2024 12:52:18 PM PDT by maro (MAGA!)
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To: All

The jury just requested to hear Judge Merchan’s instructions again


208 posted on 05/29/2024 1:04:08 PM PDT by janetjanet998 (Legacy media including youtube are the enemy of the people and must die)
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To: janetjanet998

Which is why tje instructions should be in writing...hope they ask this every day, twice a day for weeks


209 posted on 05/29/2024 2:45:19 PM PDT by goodnesswins (Climate cultists think we should go back to the good times when people starved)
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To: gunnut
True, but the Democrats never pay attention to USSC decisions.

They are allowed to get away with disregarding them.

210 posted on 05/29/2024 2:52:34 PM PDT by SamAdams76 (6,575,474 Truth | 87,429,044 Twitter)
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To: Yo-Yo

So why didn’t his lawyers cite the law and object when merchan gave the instructions.


211 posted on 05/29/2024 2:53:43 PM PDT by Engedi
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To: Reno89519

Why are they not allowed a copy of these instructions while deliberating? These instructions are way to complicated and would have to be referred back to for clear understanding.


212 posted on 05/29/2024 3:24:31 PM PDT by Irish Eyes
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To: goodnesswins
Which is why tje instructions should be in writing...hope they ask this every day, twice a day for weeks

That will keep Trump off the campaign for weeks. Of course he could campaign exclusively in NY and turn it RED.

213 posted on 05/29/2024 3:28:12 PM PDT by Irish Eyes
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To: janetjanet998

we are a banana republic
merchan is evil


214 posted on 05/29/2024 3:55:37 PM PDT by CarolinaReaganFan
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To: janetjanet998
Esq. Turkey's words are fine. Yet, this unprecedented lawfare goes unchallenged! It is sickening.
215 posted on 05/29/2024 4:05:15 PM PDT by Chgogal (To paraphrase Biden: You vote Democrat? You ain't smart.)
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To: Sgt_Schultze; Jeff Chandler
In Trump, the case has been heard by the New York Supreme Court for the county of New York, a trial court, ranking equally with other New York Supreme courts, as the lowest court in the state. The appellate level is at the Appellate Division court for the trial court, also in NYC, with jurisdiction over the Bronx and New York (Manhattan) counties. The state court of last resort would be the New York State Court of Appeals in Albany, the highest court in the state of New York. If the New York State Court of Appeals were to uphold the lower court, or not accept the case for review, then it would be ripe for the U.S. Supreme Court.
216 posted on 05/29/2024 4:11:46 PM PDT by woodpusher
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To: Irish Eyes
Some attorney(s) wrote on the threads today that this apparently is normal in New York, maybe elsewhere.

But 55 pages of gibberish, trying to explain that it is okay to convict without a valid unanimous underlying crime is plain wrong.

217 posted on 05/29/2024 4:21:21 PM PDT by Reno89519 (Build the Wall, Deport Them All. No amnesty for anyone.)
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To: Vermont Lt

You do know that the blue states will start removing his name from the ballot right? All hell‘s going to break loose if they convict him and you will see it. Lawfare will force crap down his neck like you won’t believe and we’re not even talking about the mediapukes my God it’s gonna be insanity. …pray pray that God hears our prayers because I have read and heard people say that they’re praying for him like never before. He is our last chance! Also God’s name is on the line! There’s too many people praying because that’s all we have is God to help us. If he ignores us then we are truly truly been forgotten and forsaken because of America’s sins are great and we have forgotten Him. 🥲


218 posted on 05/29/2024 4:25:43 PM PDT by RoseofTexas
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To: woodpusher

Trump only has one appeal as of right - to the Appellate Division for the 1st Department. One of the 21 Justices in the 1st Department was appointed by a Republican. Most of the Justices are black or Hispanic lifer left-wing legal activists. The chance that Trump draws a panel that will overturn all the felony convictions is very low.

The Court of Appeals can, but is not required to, review the Appellate Division decision. My guess is that it simply ... won’t.

The U.S. Supreme Court can only take cert if Trump identifies a federal civil right he can assert was violated and which was material to his conviction or a sentence he alleges to be excessive.

My prediction is conviction on most counts, with a house arrest sentence that would not permit him to campaign, and practically speaking would not permit him to serve, as President, but avoid the drama of sending him to prison.


219 posted on 05/29/2024 4:31:54 PM PDT by only1percent
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To: janetjanet998
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

WHAT? What the F is THAT??

220 posted on 05/29/2024 4:50:30 PM PDT by GrandJediMasterYoda (As long as Hillary Clinton remains free, the USA will never have equal justice under the law)
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