Jury begins deliberations in Trump’s hush cash case : NPR

NEW YORK — Twelve New York jurors have begun deliberations in former President Donald Trump’s New York prison trial. They’ll determine if Trump might be convicted or acquitted of 34 felony counts of falsified enterprise data. That is the primary prison trial in opposition to a former or sitting U.S. president.

All 12 jurors, plus six alternates who had been requested to remain in case they’re wanted, have listened to only over 4 weeks of testimony because the prosecution argued that Trump was concerned in a scheme meant to hide a hush cash fee to Stormy Daniels, the adult-film star, to additional one other crime.

The very fact of the funds is not in dispute. What prosecutors wanted to show is that Trump made them with a purpose to cowl up different crimes, akin to violating marketing campaign finance legislation and mischaracterizing the funds for tax functions.

The jury heard from 22 witnesses with typically dramatic testimony. They might want to weigh different proof, together with paperwork like telephone data, invoices and checks as they attempt to attain a verdict. Trump has pleaded not responsible.

The decision should be unanimous. If all 12 jurors can’t agree, the jury is taken into account “hung,” and the decide will declare a mistrial. The district lawyer prosecuting the case must determine whether or not to attempt the case once more.

On Wednesday, New York Choose Juan Merchan reminded the jury of their promise to be neutral and go away their biases on the door. For an hour, he delivered the jury directions, reminding jurors that some proof — akin to former Trump lawyer Michael Cohen’s responsible plea to violating federal marketing campaign finance legal guidelines, or sure headlines that ran in newspapers — is used solely to determine the credibility of different witnesses, and provides context to the timing of occasions, and to not decide Trump’s guilt.

Merchan additionally defined how the jury ought to outline the legislation at hand, which incorporates the intent to defraud and falsify enterprise data. On this case, he mentioned the prosecutors argued Trump aimed to hide breaking New York election legislation by falsifying enterprise data.

With a purpose to decide this, the jury could have a look at three of the prosecution’s theories: Federal Election Marketing campaign Act violation, falsification of different enterprise data or violation of tax legal guidelines.

The jurors will head right into a room, hand over their cell telephones, and start deliberation. They’ve one laptop computer with all of the proof. They’ll deliberate till a minimum of 4:30 p.m. Wednesday. The authorized groups and Trump have been instructed to not go away the constructing in case there’s a jury observe that might point out a query or a potential verdict.

In closing arguments that lasted a day, the protection and the prosecution laid out their closing arguments. Trump lawyer Todd Blanche targeted intently on the credibility of former Trump lawyer Michael Cohen they usually argued that influencing an election isn’t unlawful. Prosecutors sought to construct up Cohen testimony by reminding the jurors of all the opposite witnesses they heard from and strolling them by means of the checks, invoices and ledgers that represent the 34 counts of falsified enterprise data.

All through the trial, Trump, the presumptive 2024 Republican presidential nominee, has lamented his incapacity to marketing campaign as a lot as he would love since he has to attend the trial on daily basis that court docket is in session – per New York prison legislation. He has additionally accused the decide of being biased.

He reiterated these feedback — with out proof — Wednesday within the hallways because the jurors started their deliberations.

“Mom Theresa couldn’t beat these prices. The costs are rigged,” he mentioned. “The entire thing is rigged.”

What the jury heard

In August 2015, two months after Trump introduced his 2016 presidential bid, David Pecker, then the writer of the Nationwide Enquirer tabloid, met with Trump and Cohen at Trump Tower, in keeping with Pecker’s testimony.

At that assembly, Pecker testified, it was agreed that he can be the “eyes and ears” of the Trump marketing campaign. His job was to look out for unfavourable tales from girls he may “take off {the marketplace},” by shopping for up the rights however by no means publishing them.

The plan, as Pecker outlined it, was that he would suppress these tales, and on the identical time publish unfavourable tales about Trump’s opponents. A few of these tales, Pecker mentioned, had been despatched to Trump and Cohen for approval previous to publication.

Over the subsequent yr, Pecker mentioned he carried out this position. His testimony was corroborated by Keith Davidson, an lawyer who represented each Daniels and former Playboy mannequin Karen McDougal. In about June 2016, McDougal thought of going public along with her story of a year-long affair with Trump. However Pecker purchased the rights to that story, with the expectation that he can be reimbursed by Trump. That by no means occurred.

In early October 2016, in keeping with the testimony of former Trump communications aide Hope Hicks, the marketing campaign was rocked by the discharge of the Entry Hollywood tape, the place Trump may very well be heard boasting “Once you’re a star they allow you to do it. You are able to do something. Seize ’em by the p****.”

The subsequent day, in keeping with Pecker, Cohen and Davidson, Daniels threatened to go public with accusations she’d had a sexual encounter with Trump in 2006 in a Lake Tahoe lodge suite throughout a celeb golf event.

In her testimony, Daniels testified that there was a “energy imbalance” that made her really feel she needed to have intercourse with Trump, when, after leaving the suite’s restroom, she discovered Trump on the lodge mattress in his underwear.

She testified that Trump had dangled a potential position on his TV present Superstar Apprentice. This element — that the intercourse wasn’t completely wished, induced the protection to request a mistrial, which was denied. It additionally offered a motive for Trump to suppress the story. Prosecutors mentioned, “Trump knew what occurred in that lodge room” and didn’t need it to return out. The grownup movie actor’s testimony additionally included intimate particulars of her alleged sexual encounter, a few of which Choose Juan Merchan agreed with the protection weren’t obligatory.

As October drew to an in depth, Cohen testified, he frantically opened financial institution accounts and tried to give you a option to pay the $130,000 to maintain Daniels quiet. However Trump, Cohen mentioned, wished to delay the fee till after the election, with the concept that after that it wouldn’t matter if Daniels was paid.

This level, that Trump was making the fee to affect the election by retaining girls voters on board, was corroborated by numerous different witnesses. Hicks, who mentioned Trump, by then within the White Home, instructed her that it was higher the story got here out in 2018, relatively than 2016.

Cohen in the end wired the cash himself to Daniels, with the understanding, he mentioned, that he can be repaid. Cohen testified to numerous conversations with Trump, backed up by telephone data, together with on the day he wired the funds. However the protection rattled Cohen on cross-examination when it introduced proof that one of many calls which Cohen had mentioned was made by means of Trump’s bodyguard, Keith Schiller, was as an alternative with Schiller about threats from a 14-year-old prankster.

Nonetheless, the guts of the case rests on the testimony of what occurred after the election, when the data had been allegedly falsified, particularly the handwritten notes and paperwork from the Trump Group’s former comptroller, Jeff McConney.

McConney authenticated a key file: the financial institution assertion displaying Cohen’s wire switch. That file included handwritten notes from Cohen and Trump’s former chief monetary officer, Allen Weisselberg, describing the $130,000 fee that might be “grossed up” to cowl Cohen’s taxes. That sum, mixed with one other reimbursement and a bonus, for a complete of $420,000, was paid out over 12 months at a fee of $35,000 per thirty days.

The funds can be described as pursuant to a “authorized retainer.” (Weisselberg, who’s serving jail time for perjury in Trump’s civil fraud trial, didn’t testify.)

On the stand, Cohen described a compensation scheme that shaped the premise of the 34 counts of falsified enterprise data: 11 falsified invoices, 12 falsified ledger entries and 11 checks falsely recording the compensation as authorized “retainers.” 9 of the checks had been signed by Trump, himself.

Cohen mentioned he and Weisselberg met and mentioned the settlement with Trump shortly earlier than he left for Washington, on or about Jan. 17, 2020. Cohen mentioned Trump permitted the deal, saying on the finish of the assembly that “it was going to be one heck of a trip,” in Washington. Cohen mentioned he and Trump mentioned the association once more, in early February, within the Oval Workplace. Images and White Home data corroborate that the 2 met within the Oval Workplace on the time.

The protection introduced simply two witnesses, together with Robert Costello, an lawyer who wished to characterize Cohen after Cohen’s residence and workplace had been searched by the FBI in 2018. Costello had been placed on the stand to refute Cohen’s declare that Costello was pressuring Cohen to remain on Trump’s “group.” However Costello’s emails confirmed that Trump was deciding which of Cohen’s attorneys he wished to pay, and that Costello was involved about not giving “the looks that we’re following directions from [Rudy] Giuliani or the president,” referring to the previous New York Metropolis mayor who was Trump’s lawyer on the time.

What comes subsequent

Jurors may deliberate for hours, days or even weeks as they attempt to attain a unanimous determination.

If Trump is convicted, Merchan would later situation the sentence, which can or could not embrace jail time; some authorized specialists consider imprisonment for a former president is unlikely. A conviction doesn’t forestall Trump from being the GOP nominee, nor persevering with his bid for president. It’s seemingly his authorized group would attraction the choice, as they’ve in previous civil trials in New York.

If he’s acquitted of the costs, Trump can’t be retried for a similar prices.

The jurors vary from throughout Manhattan, together with Harlem, Hell’s Kitchen, Murray Hill and the Higher West Facet. They’re litigators, lecturers, bodily therapists and funding bankers. Their hobbies vary from wooden and steel working, mountaineering, fly fishing and exploring New York Metropolis. There are seven males and 5 girls.

Merchan has tried to make sure that the jury stays nameless, citing security considerations. Jurors are recognized by numbers, usually are not allowed to be photographed or recorded, and solely attorneys have entry to their names.