NEW YORK (AP) — After nearly two dozen witnesses, sixteen days of testimony and hours of closing arguments from attorneys, it’s time for jurors to have their say in Donald Trump’s hush money trial.
Jury deliberations began on Wednesday in the first criminal trial against a former US president. The seven-man, five-woman panel must decide whether Trump is guilty of any of 34 crimes for falsifying his company’s data.
Prosecutors say Trump falsified the records to conceal the refunds to his then-lawyer Michael Cohen, who paid porn actor Stormy Daniels $130,000 in the final weeks of the 2016 campaign to back up her claim that she and Trump had sex a decade earlier. not to be released.
The former president and presumptive Republican nominee has pleaded not guilty, denying any sexual interaction with Daniels and saying the payments to Cohen were properly classified as legal fees in company records.
Now that the case has gone to the jury, here’s how the deliberations will work.
WHAT DOES THE JURY DECIDE?
To convict Trump, the jury must unanimously find that he made, or caused someone else to make, a fraudulent entry in his company’s records, and that he did so with the intent to violate or conceal a state law that makes it illegal makes. conspirators “to unlawfully promote or prevent the election of any person to public office.”
While the jury must agree that something illegal was done to further Trump’s election, they do not have to agree unanimously on what that illegal thing was. In this case, jurors could choose between three possible unlawful acts:
— They were able to discover that one of the conspirators had violated the Federal Election Campaign Act, which in 2016 made it illegal for anyone to give anything worth more than $2,700 to a presidential campaign. It also banned companies from contributing to a campaign.
— They could discover that other business documents were forged, including federal tax forms the Trump Organization issued to Cohen, bank records related to Cohen’s formation of two limited liability companies, bank records related to a wire transfer Cohen made to Daniels’ attorney, or an invoice used when the National Enquirer’s parent company paid Karen McDougal, a former model who claimed to have had an affair with Trump.
— They were able to discover that false information had been filed on a tax return.
For a conviction, each juror would have to find that at least one of those illegal things happened.
WHERE DO CONSIDERATIONS HAPPEN?
Behind closed doors in a room reserved for the jury.
While the twelve deliberate, the six alternate jurors who also watched the entire trial will be present in a separate room in the courthouse. If a juror is unable to continue due to illness or other reasons, an alternate juror will take that person’s place and deliberations will begin again.
Jurors began deliberating after receiving detailed instructions about the relevant laws in the case, what must be proven to reach a conviction, and their duty to acquit if not proven. They had to hand over their mobile phones to the bailiffs.
WHAT WILL WE KNOW ABOUT THE DISCUSSIONS?
Very few. The deliberations are secret, although jurors – whose identities are withheld from the public – can have a court official hand over notes from them to the judge. For example, they may ask for legal advice, inquire about scheduling, or request testimony that can be read to them from the court transcript. (They don’t have the transcript in the jury room, but they do have a court laptop full of documents and other evidence shown during the trial.)
If the jury sends such a note, the judge typically reads it in court and then discusses with the prosecutors and defense attorneys how to respond, such as exactly what testimony is relevant to the request. Jurors are then brought into court to hear the answer.
Court watchers sometimes speculate about what the contents of a note might mean about the deliberations, but you can never know for sure.
Jurors also send a note to indicate that they have reached a verdict – or sometimes to indicate that they are stuck.
WHERE WILL TRUMP BE IN THE MEAN TIME?
He does not have to remain in the courtroom itself, but must be in the building. During the trial, he, his lawyers and security staff were able to use a courtroom across the hall for breaks.
How long will jurors deliberate?
As long as it is necessary. The standard court day lasts from 9:30 am to 4:30 pm, with a break for lunch (meals for jurors will be delivered). But judges sometimes extend the hours if jurors want to. In this case, Judge Juan M. Merchan has already decided that deliberations will take place on Wednesday, which is normally a day off from the trial. There is no limit on the number of days deliberations can continue.
Can the jury members go home?
Yes, at the end of every court day. The jury is not secluded, the legal term for isolating the panel from the outside world. That was once required for many misdemeanor cases in New York State, but the requirement was lifted in 2001 and seizures are now rare.
WHAT HAPPENS IF THERE IS A JUDGMENT?
Jurors send a note through a court official saying there is a verdict, but not what it is. The judge will call Trump, his defense team and prosecutors back to the courtroom if they are not already there, and then announce that the jury has reached a verdict.
The jury is then called in and the chairman – in New York that task usually goes to the first juror selected – is asked whether the jury has reached a verdict. If the answer is yes, the foreman will be asked what the verdict is for each count and will answer “guilty” or “not guilty.”
Then the jury will probably be asked collectively, “Is this your verdict?” Prosecutors or defense attorneys can also request that each juror be asked the same question individually.
WHAT HAPPENS IF THERE IS NO EXCLUSION?
If jurors send a note saying they cannot agree, the judge, in consultation with both parties, must decide what to do next. Defense attorneys can demand an immediate mistrial. That could be granted, but often the answer is to call the jury for some form of instruction to keep trying.
Prosecutors and defense attorneys often debate what should be said. Judges can look to the sample language of the New York legal system for what is known as an “amended Allen charge.” It urges jurors to make every effort to reach a verdict, and to be willing to reconsider their positions without abandoning their conscience or judgment just to join others.
If the deadlock notes continue, the message can be repeated or edited. So also arguments for a mistrial. There is no hard and fast rule about how long a jury must continue trying to resolve disputes before a mistrial can be declared.
