What Will the Jury Instructions be in the False Business Records Case?

[surada]

Jury Instructions:

You must find, beyond a reasonable doubt, that, in 2016, Donald J Trump embarrassed and beat the cum out of one Hillury "The Butcher of Benghazi" Clintoon, and did cause numerous hurt feelings and, in particular, generated a panic in the community that likes to breed with children.

You must also find that Donald J Trump's actions and subsequent support from the electorate caused the 2020 election to be stolen with the hasty installation of a bed-shitting, drooling fucktard which would not have been necessary if he hadn't interfered with the normal rotation of uni-party grifters and other various lowlife mother fuckers.

So say one, so say all.

You still don't know anything about Benghazi.. what a waste of time.

 

[wamose]

Are you surprised that Trump and David Pecker worked together?

I always thought that Kamala was the one who used Pecker to get her job.

 

[surada]

I always thought that Kamala was the one who used Pecker to get her job.

You must be a virgin.

 

[candycorn]

I hope he says that, word for word. No sense in tiptoeing around the issue. Why tell a small lie when you can just as easily tell a big lie. Go big or go home. MAGA

Well, it has the added benefit of being the truth.

 

[Seymour Flops]

Are you surprised that Trump and David Pecker worked together?

Are you surprised that Biden and Majorcas work together to bring criminals into the country to rape and murder our women and girls?

Are you surprised at which one of those you consider the more severe problem?

 

[John Edgar Slow Horses]

There will certainly be a conviction. The entire sequence of events has been choreographed to achieve that result. Indeed, the entire national Democrat superstructure is banking on being able to refer to President Trump as a "convicted felon" during the Summer campaign season. The conviction will ultimately be overturned, but DJT may not live long enough to see that play out.

Democrats are evil. The proof is constant and overwhelming.

What a goofy post.

 

[John Edgar Slow Horses]

Are you surprised that Biden and Majorcas work together to bring criminals into the country to rape and murder our women and girls?

Are you surprised at which one of those you consider the more severe problem?

You are plainly goofy.

 

[Lisa558]

There will certainly be a conviction. The entire sequence of events has been choreographed to achieve that result. Indeed, the entire national Democrat superstructure is banking on being able to refer to President Trump as a "convicted felon" during the Summer campaign season. The conviction will ultimately be overturned, but DJT may not live long enough to see that play out.

Democrats are evil. The proof is constant and overwhelming.

I’m still not clear on what the felony is.

 

[The Duke]

I know the media likes to call it "The Hush Money Case" or "The Porn Star Case," but it is about neither of those things.

It happens that we can have a pretty good idea of what the jury instructions will be, because New York provides its judges with a boilerplate set of instructions for each crime. In this case the crime is:

View attachment 939844

https://www.nycourts.gov/judges/cji/2-PenalLaw/175/175.10.pdf

The instructions are lengthy but I'll try to excerpt the most relevant parts:

View attachment 939840

View attachment 939841


I don't think the judge will want to follow that model. It sets the bar far too high for the prosecution, given the case it has presented so far.

The three biggest weaknesses of the case are:

a ) lack of evidence that Trump made the records or caused them.
b) lack of intent to defraud, since defraud in New York means that:

This conduct must involve the making of a false statement, a material omission, or the concealment of information with the intent to deceive.

The false statement or omission must be made in connection with a transaction involving property or services, and it must be made with the intent to deprive the other party of the property or services or to obtain property or services from the other party by means of false or fraudulent pretenses.

New York Penal Law § 190.60: Scheme to Defraud in the Second Degree

Free Consultation - Our New York criminal lawyers have a combined 100+ years of legal and law enforcement experience. Our team includes former prosecutors from the District Attorney’s offices in New York City and Long Island, as well as law enforcement professionals. Stephen Bilkis & Associates...

criminaldefense.1800nynylaw.com

c) The lack of "another crime," that was needed to bump this case to a felony and dodge the Statute of Limitations.

Of course the weakness that permeates the case is the credibility of the witnesses. Note that thus far, the more information a witness has had, the less credible of a person they have been. The one witness so far who could not fairly be called a professional liar is Trump's assistant who only stated that she vaguely remembers seeing Stormy Daniels at Trump Tower. The lead witness publishes a tabloid that pretty much openly profits from printing lies and the predicted "star witness," has convictions for lying under oath.

So Judge Merchan will hate reading those jury instructions. Unfortunately, he won't have to. The model instructions are only a guide:

Criminal Jury Instructions (CJI)

The Criminal Jury Instructions are a set of model charges intended as a guideline for trial judges. The instructions are, of course, based on statutory provisions and prevailing case law. The Committee does not receive adversarial briefs or arguments on unresolved legal issues related to a charge, and accordingly does not necessarily attempt to resolve such issues. Further, the facts of a particular case may call for a modification of a CJI2d model charge. Of necessity, such determinations are left to the learned and sound discretion of the trial court.

CRIMINAL JURY INSTRUCTIONS

The official home page of the New York State Unified Court System. We hear more than three million cases a year involving almost every type of endeavor. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases.

www.nycourts.gov

I myself am not that confident in the learned and sound discretion of Merchan. I believe that he will create a modified version of those instructions designed to steer the jury to a guilty verdict somehow fitting the facts presented. He will almost certainly downplay the "beyond a reasonable doubt" aspect. I believe he may try to hedge on or downplay the requirement to find all elements proven.

If it leads to a conviction, which I doubt, it would certainly be overturned at the first appeal. But, Merchan will have his scalp, for which he will no doubt be handsomely rewarded through the quasi-legal bribes paid to his daughter and her campaign business.

I'm thinking the instructions will be something that should not.

 

[The Duke]

I’m still not clear on what the felony is.

It's a bunch of crap.

 

[John Edgar Slow Horses]

Jury instructions will be easy for the jurors, because

a ) the great evidence that Trump made the records or caused them.
b) obvious intent to defraud, since defraud in New York means that:
c) the obvious presence of "another crime," that was needed to bump this case to a felony and dodge the Statute of Limitations.

 

[Lisa558]

Jury instructions will be easy for the jurors, because

a ) the great evidence that Trump made the records or caused them.
b) obvious intent to defraud, since defraud in New York means that:
c) the obvious presence of "another crime," that was needed to bump this case to a felony and dodge the Statute of Limitations.

1) The defense witness said Cohen told him that Trump knew absolutely nothing about it. That alone is enough for reasonable doubt.

2) What defraud? It was a hush money payment that is otherwise called a Non-Disclosure, and perfectly legal.

3) What felony? The expert witness on Election Law was about to explain why no law was violated, but the anti-Trump judge manipulating the case wouldn’t allow his testimony.


I just hope the jury isn’t as brainwashed against Trump as you are.

 

[Man With A Plan]

Not one single person in the history of New York State has ever been charged with such a "crime." At WORST it would be a campaign finance violation, warranting a small fine. But the DoJ did not pursue it because it was too inconsequential.

If you truly think that this case has anything to do with Trump violating the law, you are not as intelligent as you let on.

What ever gave you the idea that IM2 is intelligent?

 

[Man With A Plan]

Jury instructions will be easy for the jurors, because

a ) the great evidence that Trump made the records or caused them.
b) obvious intent to defraud, since defraud in New York means that:
c) the obvious presence of "another crime," that was needed to bump this case to a felony and dodge the Statute of Limitations.

I'm guessing that between you and the dog in your avatar, John...that Fido is the brains of the outfit?

 

[IM2]

Not one single person in the history of New York State has ever been charged with such a "crime." At WORST it would be a campaign finance violation, warranting a small fine. But the DoJ did not pursue it because it was too inconsequential.

If you truly think that this case has anything to do with Trump violating the law, you are not as intelligent as you let on.

That's a lie. Now stop repeating what Trump tells you.

 

[IM2]

What ever gave you the idea that IM2 is intelligent?

IM2 is more intelligent than the Man With No Plan.

 

[Man With A Plan]

That's a lie. Now stop repeating what Trump tells you.

Really IM2? List someone else?

 

[IM2]

What you describe, even if true, would be a misdemeanor. Has it occurred to you (I'm not optimistic) that he might have paid off the slut to avoid embarrassing his wife? That reason would completely defeat the case, which in the worst case would warrant a small fine.

That's not why he did it. Testimonies in the case have made that clear.

 

[Man With A Plan]

IM2 is more intelligent than the Man With No Plan.

Highly doubtful from what I've observed here. You're pretty much a one trick pony...everyone is racist and I'm owed reparations because everyone is racist!

 

[IM2]

Really IM2? List someone else?

Check out what the crime really is, not what Trump tells you it is, then go look at the records of the state of New York.