Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220221-240 next last
To: BigEdLB
How quickly can this be overturned on appeal

Can the rats drag their feet?

181 posted on 05/29/2024 11:04:56 AM PDT by Jeff Chandler (THE ISSUE IS NEVER THE ISSUE. THE REVOLUTION IS THE ISSUE.)
[ Post Reply | Private Reply | To 165 | View Replies]

To: Yo-Yo
Did Merchan actually go to law school?

My guess is that he graduated from the same lawyer factory as Fony Witless. Worthless degree.

182 posted on 05/29/2024 11:17:23 AM PDT by fwdude ( )
[ Post Reply | Private Reply | To 20 | View Replies]

To: ClearCase_guy

The fact that Biden will be giving a press conference after
the verdict is announced tells me you’re correct.
Or is he giving a press conference today?

Either way...the fix is in.


183 posted on 05/29/2024 11:20:48 AM PDT by toldyou (Even if the voices aren't real, they have some pretty good ideas.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: janetjanet998

Exactly. Everyone seems to be missing the “talking” point in all of this. Biden and the rest of the Democrats will be able to call Trump a felon 24/7 at every rally, in every speech, TV commercial, and of course they will have their willing accomplices to hit the point home to tens of millions of Americans who are nowhere as politically astute and aware of things as we are. Symbolism “trumps” substance with the Democrats every single time and they use it to their great advantage to the nation’s detriment!


184 posted on 05/29/2024 11:22:51 AM PDT by dowcaet
[ Post Reply | Private Reply | To 5 | View Replies]

To: dowcaet

Willing accomplices in the media.


185 posted on 05/29/2024 11:24:04 AM PDT by dowcaet
[ Post Reply | Private Reply | To 184 | View Replies]

To: Red Badger
No, that's not correct. That's not what the judge said.

  1. First, they all must agree that Trump was guilty of falsifying a business record.

  2. IF they agree on that, then they all have to agree that Trump falsified the business records "in furtherance of another crime."

  3. IF they agree on that, the judge said they DO NOT have to agree on what that other crime was that was being furthered by the falsification of the business records.

The twist is that the jurors must all agree on #2 or else #1 goes away due to statute of limitations.

In order to get to #2 they also need #3, but the judge said they don't have to agree on #3 to get to #2. But #2 is required to keep #1 alive.

Confused? You won't be after this episode of Trump!

-PJ

186 posted on 05/29/2024 11:30:33 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
[ Post Reply | Private Reply | To 180 | View Replies]

To: SamAdams76

Look at Ramos v. Louisiana. USSC says must be unanimous.


187 posted on 05/29/2024 11:34:34 AM PDT by gunnut
[ Post Reply | Private Reply | To 30 | View Replies]

To: janetjanet998
I wish Turley would say that by not agreeing to what the predicate crime is, Merchan is essentially saying that Trump is to be presumed guilty of whatever predicate crime the juror thinks.

This turns our whole legal system on its head. If the prosecution cannot name specifically what that predicate crime is, then Trump must have the presumption of innocence in whatever vague crime the judge is allowing the jurors to concoct.

Presumption of innocence is the key factor here.

-PJ

188 posted on 05/29/2024 11:36:08 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
[ Post Reply | Private Reply | To 1 | View Replies]

To: janetjanet998

Trump and the Republican Party made a critical error.

Both should have demanded a 100% fully televised trial.

Trump should have flatly stated that he and his defense team would not show up for ANY procedure that was NOT televised.


189 posted on 05/29/2024 11:36:55 AM PDT by zeestephen (Trump "Lost" By 43,000 Votes - Spread Across Three States - GA, WI, AZ)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Political Junkie Too

That is more convoluted than a earthworm on a hot sidewalk...................


190 posted on 05/29/2024 11:37:30 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
[ Post Reply | Private Reply | To 186 | View Replies]

To: Political Junkie Too
I wish Turley would say that by not agreeing to what the predicate crime is, Merchan is essentially saying that Trump is to be presumed guilty of whatever predicate crime the juror thinks....

Turley has implied that, and Andrew McCarthy is vehement in his belief that the jury absolutely believes that is the case by the testimony allowed.

191 posted on 05/29/2024 11:47:42 AM PDT by gloryblaze
[ Post Reply | Private Reply | To 188 | View Replies]

To: tired&retired

There are about 28 judges assigned to that court and these cases are supposed to be assigned randomly what are the odds that all of these cases would end up with this judge? Makes you say hmmmm….


192 posted on 05/29/2024 11:51:29 AM PDT by gunnut
[ Post Reply | Private Reply | To 123 | View Replies]

To: RoseofTexas

Why wait until after the trial? Do it now before he can sentence Trump to jail.


193 posted on 05/29/2024 11:53:45 AM PDT by Twotone
[ Post Reply | Private Reply | To 13 | View Replies]

To: CraigEsq

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.


194 posted on 05/29/2024 11:58:23 AM PDT by maro (MAGA!)
[ Post Reply | Private Reply | To 75 | View Replies]

To: supremedoctrine
https://www.politico.com/news/2024/05/10/cftc-election-betting-ban-00157304

Sorry that it's Pollutico, but you might as well hear it direct from America's enemies what they're up to.

195 posted on 05/29/2024 11:59:38 AM PDT by Dr.Deth
[ Post Reply | Private Reply | To 101 | View Replies]

To: Political Junkie Too

Honestly I am shocked that the jury is not already back with guilty verdict. A quick verdict usually is a conviction in criminal processes from what I understand but “not guilty” in a civil trial. The longer it goes the more likely traditionally that it is hung.

So… who knows. There is nothing normal about this blatantly illegal trial. I fear that whatever happens the first hot shot of a deeper division in our country will occur.

Logically the best way out of this for the jury is to hang (the verdict not the individual jurors)


196 posted on 05/29/2024 11:59:59 AM PDT by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will)
[ Post Reply | Private Reply | To 186 | View Replies]

To: janetjanet998; All
Here is link to the jury instructions:

https://www.nycourts.gov/LegacyPDFS/press/PDFs/People%20v.%20DJT%20Jury%20Instructions%20and%20Charges%20FINAL%205-23-24.pdf

197 posted on 05/29/2024 12:03:21 PM PDT by Reno89519 (Build the Wall, Deport Them All. No amnesty for anyone.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Yo-Yo
Re: "CCE Prosecution"

CCE - Continuing Criminal Enterprise

That standard may not apply in the Trump New York state trial.

(1) - the judicial opinion applies to Federal Law.

(2) - the violations must be undertaken together with five or more other individuals.

(3) - the defendant must have committed multiple criminal acts over an extended period, all connected to the same criminal enterprise.

(4) - the defendant must obtain substantial income or resources from the enterprise.

198 posted on 05/29/2024 12:06:22 PM PDT by zeestephen (Trump "Lost" By 43,000 Votes - Spread Across Three States - GA, WI, AZ)
[ Post Reply | Private Reply | To 20 | View Replies]

To: monkeyshine

That’s what I’ve been thinking all along….hung jury.


199 posted on 05/29/2024 12:06:55 PM PDT by Reynoldo (BurnLootMurder)
[ Post Reply | Private Reply | To 25 | View Replies]

To: gas_dr
Honestly I am shocked that the jury is not already back with guilty verdict.

Being New Yorkers, maybe they just wanted one more lunch on the city's dime.

-PJ

200 posted on 05/29/2024 12:08:08 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
[ Post Reply | Private Reply | To 196 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220221-240 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson