Here Are the Jury Instructions in Trump's Manhattan Trial

With jury deliberations underway in Manhattan in the trial of former President Donald Trump for allegedly falsifying business records, observers are left to dissect what transpired in the courtroom over the last five-plus weeks. There's no telling how long the jury will take to reach their decision (assuming they reach a decision).

One of the key points of contention involves the jury instructions, which Judge Juan Merchan read to the jurors Wednesday morning before they were excused to begin their deliberations. We now have the full instructions, which may be viewed in full below. (Note: The jury, on the other hand, does not have the instructions with them — they were not permitted to take them with them to the jury room.)

Of significant concern is the fact that, per Merchan and the instructions, the jurors need not agree on the underlying (and uncharged) crime which could serve as the "unlawful means" by which state election law was violated (necessary in order to render the charges felonies). They could choose from a federal election violation, falsification of other business records, or a tax violation — none of which were proven at trial. In other words, the instructions sure appear to stack the deck against the defense here. (And it's difficult to imagine a conviction wouldn't be overturned on appeal on that basis alone.)

Here is the situation in the Trump trial:

Prosecution used NY Penal Law 175.10 to resurrect two dead misdemeanors into a felony.

Prosecution needs to prove beyond a reasonable doubt that Trump not only falsified business records, but also violated a state election law.

That…
— Daniel Baldwin (@baldwin_daniel_) May 29, 2024

George Washington Law professor Jonathan Turley, who was present in court as the instructions were read to the jury Wednesday morning, also is sharply critical of the instructions.

...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...
— Jonathan Turley (@JonathanTurley) May 29, 2024