excalibur
Diamond Member
- Mar 19, 2015
- 24,721
- 49,166
- 2,290
Ah, from a made up, BS charge to this.
Yep, lawfare.
George Washington University law professor Jonathan Turley said he was concerned about jury instructions related to intent which could allow the 12 members to use a lower standard of proof to convict former President Donald Trump.
New York Judge Juan Merchan, attorneys with the office of Manhattan District Attorney Alvin Bragg and Trump’s lawyers met Tuesday to discuss what instructions would be given to the jury after former legal adviser to Michael Cohen, Bob Costello, finished his testimony. Turley expressed his concern to Fox News host Neil Cavuto, citing Merchan’s pattern of granting Bragg’s prosecutors leeway.
“The government is arguing some pretty sweeping positions,” Turley told Cavuto. “Among them, they are arguing ‘I don’t have to prove willful intent on all of the elements on all of these actions.’ They’re suggesting that things like unlawful means which is really an important term of influencing election can be satisfied by less than the criminal standard and the defense [is], I think, legitimately saying ‘Whoa, you know, you’re going to convict someone on a lower than criminal standard on an important element.’”
“And this is really the result of this sort of Frankenstein case, you know… Bragg took this dead misdemeanor and zapped that back to life as a felony by sort of stitching together different crimes,” Turley continued. “And now, the government is trying to use that to say, ‘Yeah, we did that, but it also means we don’t have to prove the full criminal standard on all elements.’”
... “Some of the most important decisions he is taking on advisement, but some of the decisions he’s made today, quite frankly, are hard to figure out, you know, you – for example, with Costello the former attorney for Cohen and the prosecutors stopped Costello from fully answering a question on what he meant in an E-mail. And so when the defense got the chance, they said, ‘Would you like to explain”’ and the prosecution said ‘No, you know, it’s beyond the scope.’ That should have been a ridiculous objection and Merchan, however, sustained it. It was the same scope, he was being asked what did you mean by that, and the judge sustained.”
“So it’s moments like that where you really feel like there might be a thumb on the scale,” Turley continued. “The most important stuff going on right now is probably the least engaging for a passerby. It deals with how the jury will be instructed. That could very well determine the outcome in this case.”[/b]
thelibertydaily.com
Yep, lawfare.
George Washington University law professor Jonathan Turley said he was concerned about jury instructions related to intent which could allow the 12 members to use a lower standard of proof to convict former President Donald Trump.
New York Judge Juan Merchan, attorneys with the office of Manhattan District Attorney Alvin Bragg and Trump’s lawyers met Tuesday to discuss what instructions would be given to the jury after former legal adviser to Michael Cohen, Bob Costello, finished his testimony. Turley expressed his concern to Fox News host Neil Cavuto, citing Merchan’s pattern of granting Bragg’s prosecutors leeway.
“The government is arguing some pretty sweeping positions,” Turley told Cavuto. “Among them, they are arguing ‘I don’t have to prove willful intent on all of the elements on all of these actions.’ They’re suggesting that things like unlawful means which is really an important term of influencing election can be satisfied by less than the criminal standard and the defense [is], I think, legitimately saying ‘Whoa, you know, you’re going to convict someone on a lower than criminal standard on an important element.’”
“And this is really the result of this sort of Frankenstein case, you know… Bragg took this dead misdemeanor and zapped that back to life as a felony by sort of stitching together different crimes,” Turley continued. “And now, the government is trying to use that to say, ‘Yeah, we did that, but it also means we don’t have to prove the full criminal standard on all elements.’”
WATCH:
... “Some of the most important decisions he is taking on advisement, but some of the decisions he’s made today, quite frankly, are hard to figure out, you know, you – for example, with Costello the former attorney for Cohen and the prosecutors stopped Costello from fully answering a question on what he meant in an E-mail. And so when the defense got the chance, they said, ‘Would you like to explain”’ and the prosecution said ‘No, you know, it’s beyond the scope.’ That should have been a ridiculous objection and Merchan, however, sustained it. It was the same scope, he was being asked what did you mean by that, and the judge sustained.”
“So it’s moments like that where you really feel like there might be a thumb on the scale,” Turley continued. “The most important stuff going on right now is probably the least engaging for a passerby. It deals with how the jury will be instructed. That could very well determine the outcome in this case.”[/b]
Alvin Bragg's Team Is Pushing for Jurors to Use a Lower Standard of Proof in Order to Convict Trump No Matter What - 🔔 The Liberty Daily
If you love the news, check out The Liberty Daily's homepage. (DCNF)—George Washington University law professor Jonathan Turley said he was concerned about jury instructions related to intent which could allow the 12 members to use a lower standard of proof to convict former President Donald...
thelibertydaily.com
