Inside The Courtroom: How A SINGLE Jury Instruction Could Turn The Tide In Trump's Favor

By Alan Hume | Wednesday, 22 May 2024 04:30 PM
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Image Credit : Missouri Independent Staff Photographer

In a recent development, Bill Brennan, a seasoned criminal defense attorney who once represented ex-President Donald Trump, has suggested that the forthcoming jury instruction by Judge Juan Merchan could significantly tilt the scales towards an acquittal for his erstwhile client.

On Tuesday, Judge Merchan hinted at incorporating a directive in his jury instruction, advising jurors not to perceive a payment as a contribution if it "would have been made even in the absence of the candidacy." This implies that if the payment made to adult film actress Stormy Daniels would have occurred irrespective of Trump's 2016 presidential bid, it should not be classified as a contribution.

Speaking on "America Reports," Brennan indicated that this instruction could potentially lead the jury to not consider the payment as a contribution. He cited instances during the trial where Trump allegedly quashed stories unrelated to his campaign.

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Brennan stated, "That's huge because so many of these pro-prosecution pundits have said, 'well, it came right after the TMZ tape, right before the election, other NDAs were paid. The liar doorman about the illegitimate child that didn't exist, the McDougal money, so if the money would’ve been paid anyways and the judge is willing to instruct the jury that way, that moves the ball a lot further towards the not guilty yard line."

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During the trial, the prosecution presented a recording made by Trump's former attorney, Michael Cohen, of a conversation with Trump about possibly purchasing the rights to a story involving Playboy model Karen McDougal, who alleges she had an affair with the former president. The prosecution also claimed that Trump suppressed a potentially damaging story about a doorman's false allegation that the former president fathered an illegitimate child.

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Trump is currently facing 34 felony charges related to alleged falsification of documents concerning a $130,000 payment made in 2016 to silence Daniels about her claims of an affair, ahead of the 2016 election.

Both the prosecution and defense concluded their cases on Tuesday, with Trump opting not to testify in his trial. Judge Merchan instructed the jury to reconvene in a week to hear closing arguments and begin deliberations on their verdict.

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