www.msn.com by Kaelan Deese
NEW YORK — Former President Donald Trump sat and watched as the judge presiding over his trial gave instructions to the jury that could bode poorly for his prospects of acquittal in the Manhattan hush money case.
Judge Juan Merchan told the jury that the burden of proof is on the prosecution and not Trump, noting that Trump not testifying in the case cannot be used as a factor for determining whether he is guilty or innocent “beyond a reasonable doubt.” However, Merchan affirmed that the jury need not agree on what the other crime is that Trump allegedly sought to conceal when he allegedly falsified documents.
“Merchan just delivered the coup de grace instruction,” George Washington University law professor Jonathan Turley said while listening to instructions from within the courtroom.
Merchan said the jurors “can disagree on what the crime was among the three choices” presented by prosecutors, Turley noted, which include violations of tax laws, falsification of other business records, or violations of the Federal Election Campaign Act.
“Thus, this means that they could split 4-4-4 and he will still treat them as unanimous,” Turley added.
Although Merchan said the jury must be unanimous in deciding whether Trump is guilty on each count of falsification of business records, legal experts in the room suggested there does not appear to be much flexibility for a mixed verdict or a finding that Trump was guilty or innocent of some but not all charges.
“Thirty-four guilty verdicts or 34 not guilty verdicts or a hung jury,” former federal prosecutor Trey Gowdy said. “I cannot foresee a verdict with some counts as guilty and others as not…
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