The Lawrence O’Donnell Factor: Will the Trump Jury Exercise Blind Justice or Willful Blindness?

jonathanturley.org ^ | May 24, 2024 | JONATHAN TURLEY

[ding_dong_daddy_from_dumas]

Below is my column on Fox.com on the closure of the government and defense cases in the Trump trial. It is clear that the government is going to achieve its objective in avoiding a direct verdict and giving this matter to the jury, which it hopes that the paucity of direct evidence of a crime will be overcome with an abundance of hostility to Donald Trump. As I previously have written, I am still hopeful that these jurors will vindicate the New York legal system with at least a hung jury. In the end, we will see if a Manhattan jury will exercise blind justice or willful blindness. Here is the column: With closing arguments scheduled for Tuesday, May 28, the prosecution of former President Donald Trump will finally head to a jury. Judge Juan Merchan has refused every opportunity to bring an end to this politically manufactured prosecution. Now it will be up to 12 New Yorkers to do what neither the court nor the prosecutors were willing to do: adhere to the rule of law regardless of the identity of the defendant. Merchan has allowed the government to bring back into life a dead misdemeanor and convert it into 34 felony counts of falsifying business records in the first degree. To accomplish this legal regeneration, Manhattan District Attorney Alvin Bragg has vaguely referenced a variety of crimes that Trump allegedly was trying to conceal through the business record violations. The problem is that he has left the secondary crime mired in uncertainty to the point that experts on various networks are still debating what the underlying theory is in the case.

Indeed, Bragg is expected to finally state with clarity what he is alleging … at the closing arguments of the case.

[TigersEye]

If they reveal the underlying crime during closing arguments that will be earlier than I expected.
I was sure they would wait until sentencing.

[TigersEye]

Crime family boss Juan Merchan studying his version of the constitution.

[ding_dong_daddy_from_dumas]

I’m not sure how Turley would know that Bragg “is expected” to reveal whatever the hell he is alleging in his final arguments next week. Maybe a leak from the Bragg team?

[TigersEye]

I figured Turley was just speculating.
Holding out the hope for the tiniest scintilla of appropriate conduct in this case.

I might be aiming too high myself. They may never name the underlying crime.
No one in the Mockingbird Media would raise an eyebrow at it.

[ding_dong_daddy_from_dumas]

If they disclose the mysterious "other crime" they might not do it for noble reasons. They probably know their case is based on thin air, and maybe want to dazzle the jury with a song and dance before deliberations begin. I imagine the reason they did not declare it at the start:

1. They didn't know what it would be, or
2. They were afraid the jury would notice the emperor was naked

[TigersEye]

From those two choices I’ll pick #2.
So far the judge and the prosecution haven’t done anything for noble reasons.

[xzins]

Kangaroo court, Kangaroo judge, Kangaroo da, Kangaroo jury. President Trump doesn’t stand a chance. He should have his appeal ready for immediate filing.

[gloryblaze]

Leaving President Trump’s actual motivating crime open to speculation opens all sorts of rhetorical flourishes for prosecution to wail at the jury.

“Who knows what a deceitful tyrant like Trump had in mind for his obvious deceit? It is impossible to gauge the intent of a man hell bent on pursuit of power, power in every aspect of his entire life ? ...”

[ding_dong_daddy_from_dumas]

Deceitful? Matthew 7:3 Why do you see the speck that is in your brother’s eye, but do not notice the log that is in your own eye?

[A strike]

That’s true and I hope you’re right.

[Paladin2]

Why aren’t these “underlying” crimes already adjudicated?

[ding_dong_daddy_from_dumas]

I don’t have a copy of the jury instructions but I would guess that Merchan is trying to get away with changing the rules, i.e. abandoning the Constitution by ignoring Trump’s right to due process. The jury might follow Merchan’s lead or not. If they all do, the NY appeals court could reverse the conviction. This kind of thing usually takes time, so the election would proceed while Dems run ads urging us not to vote for a “convicted felon.” That would make me more determined to vote for Trump.

[ding_dong_daddy_from_dumas]

But what is that second crime? Even liberal legal analysts admitted that they could not figure out what was being alleged in Bragg’s indictment.