The criminal case against former President Trump, in the hands of the jury/ What happens next?

2024-05-30 10:30:00, Politikë CNA

The criminal case against former President Trump, in the hands of the jury/ What

After listening for 16 days to the testimonies of almost 24 witnesses and for a few more hours to the closing arguments of the parties, the moment has come for the members of the jury to have their say in the criminal case against former President Donald Trump.

The jury retired on Wednesday to begin the process of considering the first criminal case against a former US president. The jury, made up of seven men and five women, is tasked with deciding whether or not Mr Trump is guilty of 34 counts related to falsifying his company's records.

Prosecutors say Mr Trump falsified records to hide kickbacks to his former lawyer Michael Cohen, who paid porn star Stormy Daniels $130,000 in the final weeks of the 2016 campaign, so she wouldn't made public her allegations of a sexual relationship with Mr. Trump a decade earlier.

The former president and presumptive Republican presidential candidate has pleaded not guilty, denied having sex with Ms. Daniels and says the payments to Mr. Cohen were properly recorded in the company's records as legal expenses.

The criminal case against former President Trump, in the hands of the jury/ What

WHAT IS THE JURY DECIDING ON?

If the jury finds Mr. Trump guilty, it must unanimously decide that he made a false entry in his company's records, or caused someone else to do so, and that he did so with intent to violate or conspire to violate New York state law that makes it illegal to be elected to public office by illegal means.

A guilty plea means all jurors agree that something illegal was done to help elect Mr. Trump. But it is not necessary that they unanimously agree on what was the unlawful aspect. In this case, the jurors could choose between three possible illegal acts:

- They could rule that one of the people involved in the conspiracy violated the Federal Election Campaign Act, which in 2016 made it illegal for one person to give more than $2,700 to a presidential campaign. The law also prohibited corporations from contributing to an election campaign.

- The jury could find that other business records were falsified, including federal tax returns the company gave Mr. Cohen, bank records related to payments Mr. Cohen made to Ms. Daniels, or an invoice issued when the magazine company The National Enquirer paid former model Karen McDougal, who claimed she had an extramarital affair with Mr. Trump, who has denied it.

- Jurors may decide that false information was provided on tax returns.

WHERE DO JURY DEBATEMENTS TAKE PLACE?

In a room with closed doors reserved for the jury.

While the 12 members of the jury continue their deliberations, the six reserve members, who have also attended all proceedings of the court case, will remain in another separate room in the court building. If any of the members of the jury is unable to continue, due to illness or other reasons, one of the reserve members replaces him, but the trial must start from the beginning.

The jury began deliberating the case after being given detailed instructions about the laws surrounding the case, what must be proven to convict the accused, and their duty to acquit if there is insufficient evidence. . Jurors must surrender their cell phones to court officers.

WHAT WILL BE KNOWN ABOUT THIS PROCESS?

Very little. The process is kept secret, although jurors may send written messages to the judge through court officers.

The first such note was sent after almost 3 and a half hours. The jury asked to rehear part of the testimony of Mr. Cohen and former National Enquirer magazine publisher David Pecker. Subsequently, while the jurors were preparing the requested material, the jurors also sent a second note, asking to hear again Judge Juan Merchan's instructions regarding the laws applicable to the case in question.

Judge Merchan read the motions in the courtroom and discussed with prosecutors and defense attorneys how to respond to them. Next, the jurors were brought into the room for the judge to ask them a question: whether they wanted all of the legal instructions, or just a portion of them. After explaining that they could respond via another letter, the judge sent them home, ending the proceedings for the day.

The re-reading of instructions will continue Thursday morning and will be read aloud from a court transcript. (The jurors do not have the transcript in their sitting room, but are given a laptop computer with documents and other materials presented during the trial).

Court watchers can speculate about the review process judging by the content of the letters sent by the jury, but no one can know for sure.

Jurors will also send a letter when they want to signal that they have reached a decision, or sometimes to say that they are deadlocked.

WHERE IS FORMER PRESIDENT TRUMP NOW?

The former president is not required to remain in the courtroom, but must remain inside the courthouse. During the judicial process, another environment has been placed in front of the courtroom, available to him, his lawyers and the security personnel.

The criminal case against former President Trump, in the hands of the jury/ What

HOW LONG CAN THE JURY CONTINUE THE REVIEW PROCESS?

For as long as he may need. Regular court hours are usually 9:30-16:30, with a break for lunch (meals are brought to jurors in their sitting environment). But sometimes judges extend the hours according to jury requests. There is no limit to how many days the review can continue.

ARE THEY SHIPPED HOME?

Yes, at the end of each court business day. The jury is not isolated. This used to be mandatory for many criminal cases in New York State, but this requirement was removed in 2001 and sequestration of the jury is done only in rare cases.

WHAT HAPPENS IF A DECISION IS REACHED?

The jury will send a note, through a judicial officer, to announce that a verdict has been reached, but without saying what the verdict is specifically. The judge will call Mr. Trump, his legal team and prosecutors into the courtroom and then announce that the jury has reached a verdict.

Next, the jury is brought into the courtroom and the presiding judge, in New York this task is usually given to the first selected jury candidate, will be asked if the jury has reached a verdict. If the answer is 'yes', then the presiding officer will be asked what the verdict is for each of the charges and he will answer "guilty" or "not guilty".

Next, the jury will be asked as a whole: "Is this your decision?". Prosecutors and lawyers can also address this question individually to each of the members of the jury.

WHAT HAPPENS IF THE DECISION IS NOT MADE?

If the jury sends a note saying they can't agree, the judge, in consultation with both sides, must decide what to do next. Defense lawyers can ask for the case to be dismissed. This request may be granted, but usually the jurors are called to be instructed on how to proceed with their efforts.

Prosecutors and defense attorneys often argue about what to say. The judge may refer to the phraseology suggested by the New York judicial system to urge jurors to make every possible effort to reach a verdict and to reconsider their position without objection or personal judgment just to join others.

If the deadlock persists, the message can be repeated or modified. Likewise, the arguments for dismissing the case. There are no written rules for how long the jury can continue trying to resolve differences between members before reaching a recess in the case./ VOA