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Live updates: Jury deliberations expected to begin in Trump hush money trial

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Live updates: Jury deliberations expected to begin in Trump hush money trial

Need the TL;DR on Tuesday’s marathon closing arguments? PBS NewsHour’s William Brangham helped explain what was said, plus find live updates from court yesterday, dueling campaign news conferences from the Biden and Trump campaigns, and an update from one of Donald Trump’s other criminal cases.

NEW YORK (AP) — Jury deliberations in Donald Trump‘s criminal hush money trial are expected to begin Wednesday after the panel receives instructions from the judge on the law governing the case and what they can take into account in evaluating the former president’s guilt or innocence.

The historic deliberations follow Tuesday’s whirlwind of closing arguments, which stretched into the evening hours as prosecutor Joshua Steinglass accused Trump of intentionally deceiving voters by allegedly participating in a “catch-and-kill” scheme to bury stories that might obliterate his 2016 presidential bid. Steinglass further suggested that Trump operated with a “cavalier willingness” to hide payoffs and did so in a way that left “no paper trail.”

Trump’s 2024 trials: Where they stand and what to expect

The defense approached its summation much in the same way it approached cross-examination: by targeting the credibility of star witness Michael Cohen. Defense lawyer Todd Blanche branded Trump’s former lawyer as “the greatest liar of all time” while urging jurors to quickly acquit his client.

Trump faces 34 felony counts of falsifying business records, charges which are punishable by up to four years in prison. He has denied all wrongdoing and pleaded not guilty.

READ MORE: Jury in historic Trump hush money trial to begin deliberations

At the heart of the charges are reimbursements paid to Cohen for a $130,000 hush money payment to porn actor Stormy Daniels in exchange for not going public with her claim about a 2006 sexual encounter with Trump.

Prosecutors say the reimbursements were falsely logged as “legal expenses” to hide the true nature of the transactions.

The case is the first of Trump’s four indictments to reach trial and is the first-ever criminal case against a former U.S. president.


11:00 a.m. EDT

Explaining accessorial liability

Judge Juan M. Merchan instructed jurors on the concept of accessorial liability, under which a defendant can be held criminally responsible for someone else’s actions.

That’s a key component of the prosecution’s theory of Donald Trump’s hush money case because while Trump signed some of the checks at issue, people working for his company processed Michael Cohen’s invoices and entered the transactions into its accounting system.

To hold Trump liable for those actions, Merchan said jurors must find beyond a reasonable doubt that he solicited, requested or commanded those people to engage in that conduct and that he acted intentionally.

Prosecutor Joshua Steinglass touched on accessorial liability in his closing argument Tuesday, telling jurors: “No one is saying the defendant actually got behind a computer and typed in the false vouchers or stamped the false invoices or printed the false checks.”

“But he set in motion a chain of events that led to the creation of the false business records,” Steinglass said.

Trump has pleaded not guilty and denies wrongdoing.

How to judge the truth

The judge in Donald Trump’s criminal trial gave the jury some guidance on factors it can use to assess witness testimony, including its plausibility, its consistency with other testimony, the witness’s manner on the stand and whether the person has a motive to lie.

But, the judge said, “There is no particular formula for evaluating the truthfulness and accuracy of another person’s statement.”

The principles he outlined are standard but perhaps all the more relevant after Trump’s defense team leaned heavily on questioning the credibility of key prosecution witnesses, including the ex-president’s former personal lawyer and fixer Michael Cohen.

Jurors appeared alert and engaged as Judge Juan M. Merchan instructed them Wednesday morning. Several took notes as he recited instructions.


10:39 a.m. EDT

Judge to jurors: Personal bias must be put aside

Donald Trump attends his criminal trial at the New York State Supreme Court in New York on May, 29, 2024. Photo by Doug Mills/Pool via Reuters

The judge in Donald Trump’s criminal trial reminded jurors Wednesday morning of their solemn responsibility to decide Trump’s guilt or innocence, gently and methodically reading through standard jury instructions that have a special resonance in the former president’s high-profile case.

“As a juror, you are asked to make a very important decision about another member of the community,” Judge Juan M. Merchan said, underscoring that — in the eyes of the law — the jurors and Trump are peers.

Merchan also reminded jurors of their vow, during jury selection, “to set aside any personal bias you may have in favor of or against” Trump and decide the case “fairly based on the evidence of the law.”

Echoing standard jury instructions, Merchan noted that even though the defense presented evidence, the burden of proof remains on the prosecutor and that Trump is “not required to prove that he is not guilty.”

“In fact,” noted Merchan, “the defendant is not required to prove or disprove anything.”


10:18 a.m. EDT

Reading of jury instructions underway

The jury in Donald Trump’s hush money trial has entered the courtroom and taken their seats. Ahead of deliberations, Judge Juan M. Merchan has begun instructing the panel on the law that governs the case and what they can consider as they work toward a verdict.

Jurors will not receive copies of the instructions, but they can request to hear them again as many times as they wish, Merchan said.

“It is not my responsibility to judge the evidence here. It is yours,” he told them.

Trump leaned back in his chair and closed his eyes as Merchan told jurors that reading the instructions would take about an hour.


9:55 a.m. EDT

Trump arrives at court

Former U.S. President Trump's criminal trial on charges of falsifying business records continues in New York

Donald Trump waves as he arrives for his criminal trial at Manhattan Criminal Court in New York City, on May 29, 2024. Photo by Charly Triballeau/ Pool via Reuters

Donald Trump’s motorcade has arrived at the courthouse in lower Manhattan as proceedings in his hush money trial are set to resume.

He did not stop to speak to reporters as he typically does before entering court each day.

Trump’s son, Donald Trump Jr., joined him in the courtroom Wednesday morning and was in the first row of the gallery behind the defense table, sitting alongside Trump lawyer and spokesperson Alina Habba.

Trump posts on social media before heading to court

Donald Trump posted again on his social media network before he left Trump Tower to head to the courthouse Wednesday morning, making another all-caps rant about the hush money trial, the judge and Michael Cohen.

He called it a “KANGAROO COURT!” and falsely claimed that Judge Juan M. Merchan barred him from defending himself by claiming that his alleged actions were taken on the advice of his then-lawyer, Cohen. Trump’s lawyers in March notified the court that they would not rely on that defense.

“THERE WAS NO CRIME, EXCEPT FOR THE BUM THAT GOT CAUGHT STEALING FROM ME!” Trump said, apparently referring to Cohen. He added: “IN GOD WE TRUST!”

Trump is prohibited under a gag order from making out-of-court statements about witnesses in the case, and he was previously penalized for comments about Cohen.

It’s unclear if Trump’s latest rant would rise to the level of a violation — or if prosecutors would seek to have the former president sanctioned for it. The judge has also indicated that he’d give Trump leeway in certain instances to respond to attacks from Cohen.

Trump’s motorcade heads to court

Donald Trump’s motorcade has left Trump Tower and is on its way to the courthouse in lower Manhattan where his hush money trial will resume.

The jury in the case is expected to begin deliberations after receiving instructions from the judge later in the day.


8:29 a.m. EDT

Who is on the jury?

Closing arguments in the trial of former U.S. President Donald Trump appears in New York

Jury members look on as prosecutor Joshua Steinglass shows a C-SPAN video clip of Donald Trump, on May 28, 2024. Courtroom sketch by Jane Rosenberg/ Reuters

The jury in Donald Trump’s hush money trial is comprised of 18 Manhattan residents.

The main jury includes seven men and five women. There are also six alternate jurors who’ve listened to the testimony, but won’t join in the deliberations unless one of the main jurors needs to drop out or is removed.

WATCH: Trump’s adult children speak out during hush money closing arguments

The jury represents a diverse cross-section of the borough and come from various professional backgrounds, including a sales professional, a software engineer, a security engineer, a teacher, a speech therapist, multiple lawyers, an investment banker and a retired wealth manager.

Jurors’ names are being kept from the public.

A recap of testimony jurors heard in the case

Across more than four weeks of testimony, prosecutors called 20 witnesses. The defense called just two.

Among the prosecution’s key witnesses: Trump’s former attorney and fixer Michael Cohen, porn actor Stormy Daniels, tabloid publisher David Pecker and lawyer Keith Davidson, who negotiated hush money deals for Daniels and former Playboy model Karen McDougal.

Cohen testified that he paid $130,000 in hush money to Daniels at Trump’s behest weeks before the 2016 election to keep her quiet about her claims of a sexual encounter with him a decade earlier. Trump denies the encounter took place. Cohen also said Trump was involved in an arrangement to repay him and log the payments as legal expenses.

Daniels gave an at-times graphic account of the alleged encounter.

Pecker testified about agreeing to be the “eyes and ears” of Trump’s campaign by tipping Cohen off to negative stories, including Daniels’ claim.

READ MORE: Here’s what every key witness said at Trump’s hush money criminal trial

Davidson talked about negotiating the deals and what he said was Cohen’s frustration after the Daniels deal that Trump still hadn’t repaid him.

The defense’s big witness was attorney Robert Costello, who testified last Monday and Tuesday about negotiating to represent Cohen after the FBI raided Cohen’s properties in 2018.

How will the jury deliberations work?

Jury deliberations in Donald Trump’s hush money trial will proceed in secret, in a room reserved specifically for jurors and in a process that’s intentionally opaque.

Jurors can communicate with the court through notes that ask the judge, for instance, for legal guidance or to have particular excerpts of testimony read back to them.

But without knowing what jurors are saying to each other, it’s hard to read too much into the meaning of any note.

Another famous face at the courthouse

Donald Trump will not be the only big name appearing before a judge in lower Manhattan on Wednesday — fallen movie mogul Harvey Weinstein is expected to appear for a hearing related to the retrial of his landmark #MeToo-era rape case.

The hearing will take place in the same courthouse where Trump is currently on trial and where Weinstein was originally convicted in 2020.

Weinstein’s conviction was overturned in April after the court found that the trial judge unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case. His retrial is slated for sometime after Labor Day.

A motion that still hasn’t been decided

Closing arguments in the trial of former U.S. President Donald Trump appears in New York

Justice Juan Merchan presides as prosecutor Joshua Steinglass presents closing arguments during Donald Trump’s criminal trial on May 28, 2024. Courtroom sketch by Jane Rosenberg/ Reuters

The judge in Donald Trump’s hush money trial might have one last piece of business to address on Wednesday before jurors receive instructions and can begin deliberations.

Last Monday, defense lawyers filed a motion asking the judge to dismiss the case, arguing that prosecutors had failed to prove their case and there was no evidence of falsified business records or an intent to defraud.

WATCH: What was said during closing arguments in Trump’s hush money trial

Prosecutors rebutted that assertion, saying “the trial evidence overwhelmingly supports each element” of the alleged offenses, and the case should proceed to the jury.

Judge Juan M. Merchan did not indicate at the time when he would issue a decision on the request. More than a week later, it remains unclear whether he will address it before the case goes to the jury.

What must be proved for a conviction?

Jurors in Donald Trump’s hush money trial are expected to begin deliberations on Wednesday after receiving instructions from the judge on the law that governs the case and what they can consider as they strive toward a verdict in the first criminal case against a former U.S. president.

The panel has a weighty task ahead of them — deciding whether to convict or acquit Trump of some, all or none of the 34 felony counts he’s charged with.

WATCH: How Trump’s alleged hush money payments led to his charges in New York

But what had to be proved for a conviction?

To convict Trump of felony falsifying business records, prosecutors had to convince jurors beyond a reasonable doubt that he not only falsified or caused business records to be entered falsely but also did so with intent to commit or conceal another crime. Any verdict must be unanimous.

To prevent a conviction, the defense needed to convince at least one juror that prosecutors didn’t prove Trump’s guilt beyond a reasonable doubt, the standard for criminal cases.

If the jury deadlocks after several days of deliberations and are unable to reach a unanimous verdict, the judge may declare a mistrial.

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