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Judge's Instructions 'Require' Jury Find Trump Guilty, His Ex-Lawyer Says - Newsweek

  
Via:  Just Jim NC TttH  •  6 months ago  •  48 comments

By:   Matthew Impelli (Newsweek)

Judge's Instructions 'Require' Jury Find Trump Guilty, His Ex-Lawyer Says - Newsweek
Trump attorney Todd Blanche began his closing arguments on Tuesday, saying his client is "innocent."

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Donald Trump's ex-lawyer predicted this week that the former president will be found guilty in his ongoing criminal trial in Manhattan, citing the jury instructions given by New York Supreme Court Justice Juan Merchan.

On Tuesday, former White House lawyer Ty Cobb spoke with Morgan Chalfant of Semafor about Trump's ongoing criminal trial where he is accused of making hush money payments to former adult film star Stormy Daniels in 2016.

"If the jury begins deliberations Tuesday afternoon, expect a verdict no later than Friday afternoon. I expect a "GUILTY" verdict, but only because the jury instructions as urged by the DA and adopted by the judge, over strenuous and well founded defense objections, virtually require conviction," Cobb said to Semafor.

"I reach this legal conclusion because of my long experience as a federal prosecutor and white collar defense lawyer, my reverence for the rule of law, and despite my view that Trump remains the greatest threat to Democracy in our nation's history," Cobb added.

Former President Donald Trump speaks to the media during his criminal trial for allegedly covering up hush money payments at Manhattan Criminal Court in New York City, on May 28, 2024. Former White House lawyer,...Former President Donald Trump speaks to the media during his criminal trial for allegedly covering up hush money payments at Manhattan Criminal Court in New York City, on May 28, 2024. Former White House lawyer, Ty Cobb, said Trump will likely be found guilty, citing jury instructions as the reason. More STEVEN HIRSCH/POOL/AFP via Getty Images/Getty Images

Newsweek has reached out to Cobb for comment.

Trump appeared in court on Tuesday in New York for his ongoing criminal trial brought by District Attorney Alvin Bragg. Trump was indicted last April by Bragg, who said that the former president "fraudulently falsified New York business records to conceal crimes that hid damaging information—including a $130,000 hush money payment to adult film star Stormy Daniels—from the public during the 2016 presidential campaign."

Trump, the presumptive Republican nominee for president, has continued to deny any wrongdoing in the case, repeatedly calling it and other criminal and civil cases against him politically motivated.

Closing arguments in the case began Tuesday morning, and a 12-person jury will begin their deliberations on Wednesday. But prior to handing it off to the panel, presiding Judge Juan Merchan will give jurors instructions on the law governing the case, a topic that was heavily debated by prosecutors and the defense team during the trial last week.

According to the Associated Press, the jury instructions could include details of what the jurors can and can not take into account when making their decision of guilt or innocence.

Newsweek's Katherine Fung, who has been inside the courtroom for Trump's trial, reported on Tuesday that the former president's attorney, Todd Blanche began his closing arguments by thanking the jurors for their service, being on time and paying close attention "all day, everyday ... we really appreciate that."

"President Trump is innocent," Blanche says. "He did not commit any crimes and the district attorney has not met the burden of proof, period." The evidence presented by prosecutors should leave jurors "wanting more."

Newsweek reached out to Trump's spokesperson via email for comment.


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Just Jim NC TttH
Professor Principal
1  seeder  Just Jim NC TttH    6 months ago

Is the fix in?

 
 
 
Ed-NavDoc
Professor Quiet
1.1  Ed-NavDoc  replied to  Just Jim NC TttH @1    6 months ago

"Is the fix in?"

Is the pope Catholic?

 
 
 
evilone
Professor Guide
1.2  evilone  replied to  Just Jim NC TttH @1    6 months ago
Is the fix in?

I'm wondering why the judge's instructions and an explanation from Cobb weren't in the article? I suppose that wouldn't get as many people worked up if they actually knew what they were talking about. 

IF Cobb is correct and the judge's instructions are biased then Trump should easily win on appeal. 

 
 
 
Sean Treacy
Professor Principal
1.2.1  Sean Treacy  replied to  evilone @1.2    6 months ago

I'm wondering why the judge's instructions and an explanation from Cobb weren't

the judge refused to publish the transcript of the hearing where the instructions  were argued.  Cobb says the judge essentially let the prosecution write them, so there is no written record yet, only what the judge told the parties he would do. 

that the judge ended up simply rubber stamped the prosecutions dream instructions is the most obvious of outcomes.  

 
 
 
evilone
Professor Guide
1.2.2  evilone  replied to  Sean Treacy @1.2.1    6 months ago
the judge refused to publish the transcript of the hearing where the instructions  were argued.

So you/we don't know what the judge really said to the jury? Only what the talking heads are filtering.

 
 
 
Sean Treacy
Professor Principal
1.2.3  Sean Treacy  replied to  evilone @1.2.2    6 months ago
know what the judge really said to the jury? Only what the talking heads are filtering.

The parties know what the Judge will say.

 
 
 
evilone
Professor Guide
1.2.4  evilone  replied to  Sean Treacy @1.2.3    6 months ago
The parties know what the Judge will say.

huh? ...will say? So now the story has changed from what he did say to what he will say? 

 
 
 
Sean Treacy
Professor Principal
1.2.5  Sean Treacy  replied to  evilone @1.2.4    6 months ago
? So now the story has changed from what he did say to what he will say?

yes. That's how it works. The parties discuss the instructions with the judge  and the judge decides what he will say at a hearing without the jury present.  Then he reads the instructions  to the jury after the closing arguments.  

 
 
 
evilone
Professor Guide
1.2.6  evilone  replied to  Sean Treacy @1.2.5    6 months ago
That's how it works. The parties discuss the instructions with the judge  and the judge decides what he will say at a hearing without the jury present.  Then he reads the instructions  to the jury after the closing arguments.  

But WE only have what Cobb and other talking heads have to say. I'm sure if I looked around I could find sources to say the jury must find Trump innocent. Or any number of things... but personally I think I'll wait for the case to play out.

EDIT: without the posting of the actual instructions we can't accurately weigh in on if they are biased. Also article also doesn't mention whether Cobb believes the instructions to be legally correct or not. Without a lot more evidence we have to believe the process is NOT fixed and that any bias in the judge, or jury, (if it's really there - I've seen no direct evidence of either) will be corrected under appeal.

 
 
 
Sean Treacy
Professor Principal
1.2.7  Sean Treacy  replied to  evilone @1.2.6    6 months ago
WE only have what Cobb and other talking heads have to say.

Cobb is a very connected lawyer who said "that Trump remains the greatest threat to Democracy in our nation's history," He's not some knee jerk Trump booster. 

 
 
 
evilone
Professor Guide
1.2.8  evilone  replied to  Sean Treacy @1.2.7    6 months ago

As I put in my edit after you posted (sorry about that)... Cobb never says (in the article anyway) if he believes the instructions were legally biased or legally correct. We are left guessing and I refuse to play that game.

 
 
 
JohnRussell
Professor Principal
1.2.9  JohnRussell  replied to  Sean Treacy @1.2.7    6 months ago
said "that Trump remains the greatest threat to Democracy in our nation's history," He's not some knee jerk Trump booster. 

Then why dont you listen to him ?

 
 
 
Sean Treacy
Professor Principal
1.2.10  Sean Treacy  replied to  JohnRussell @1.2.9    6 months ago
hen why dont you listen to him ?

I do.  When an expert says something that goes against their partisan interest, I take it seriously.   

 
 
 
Ozzwald
Professor Quiet
1.3  Ozzwald  replied to  Just Jim NC TttH @1    6 months ago
Is the fix in?

I find it interesting that with the title of, "Judge's Instructions 'Require' Jury Find Trump Guilty, His Ex-Lawyer Says - Newsweek", nowhere in the article are the actual instructions that the judge gave the jury.

Can anyone give an actual quote of those instruction?

 
 
 
Just Jim NC TttH
Professor Principal
1.3.1  seeder  Just Jim NC TttH  replied to  Ozzwald @1.3    6 months ago

Since they haven't been communicated, it would be rather difficult wouldn't you say?

 
 
 
TᵢG
Professor Principal
1.3.2  TᵢG  replied to  Just Jim NC TttH @1.3.1    6 months ago

YES Jim!   Exactly!   

So you clearly agree with Ozzwald's implied point, right?

 
 
 
Ozzwald
Professor Quiet
1.3.3  Ozzwald  replied to  TᵢG @1.3.2    6 months ago
So you clearly agree with Ozzwald's implied point, right?

The silence is deafening.

 
 
 
TᵢG
Professor Principal
1.3.4  TᵢG  replied to  Ozzwald @1.3.3    6 months ago

And now we know the judge's instructions were entirely standard ... nothing unusual.  

 
 
 
Ozzwald
Professor Quiet
1.3.5  Ozzwald  replied to  TᵢG @1.3.4    6 months ago
And now we know the judge's instructions were entirely standard ... nothing unusual.

Amazing how that always seems to happen.  And the ones claiming otherwise have vanished.

 
 
 
Sean Treacy
Professor Principal
1.3.6  Sean Treacy  replied to  TᵢG @1.3.4    6 months ago
e know the judge's instructions were entirely standard ... nothing unusual. 

where do you get this nonsense from?  

 
 
 
TᵢG
Professor Principal
1.3.7  TᵢG  replied to  Sean Treacy @1.3.6    6 months ago

Reality.

 
 
 
Jeremy Retired in NC
Professor Expert
2  Jeremy Retired in NC    6 months ago

Hung Jury?  Not like it couldn't be overturned on appeal for a number of reasons.

 
 
 
Ronin2
Professor Quiet
2.1  Ronin2  replied to  Jeremy Retired in NC @2    6 months ago

Where do you want them hung from?

Because I am sure that will be the reaction of TDS driven New Yorkers if the jury doesn't convict.

The judge has handed the prosecution the conviction. 

Not sequestering the jury, especially right before closing arguments after a holiday weekend, allowed relatives, friends, and media to drive home that they are expected to convict. Forget the lack of evidence, witness tampering by the judge and prosecution, or the flimsiness of the case from the start.

 
 
 
Hallux
Professor Principal
2.1.1  Hallux  replied to  Ronin2 @2.1    6 months ago
Because I am sure that will be the reaction of TDS driven New Yorkers if the jury doesn't convict.

Of rocks and hard places ... I'm 'sure' the BDS driven will claim the jury 'suffered' from TDS if he is convicted. However, all real blame will lie at Trump's and his inept lawyer's feet.

 
 
 
TᵢG
Professor Principal
3  TᵢG    6 months ago

I will accept the results of this legal process whichever way it goes.   Our system is imperfect (e.g. O.J. Simpson murder trial) but it mostly works and I doubt that there is a system of justice that can be 100% correct given the sketchy data and human judgment that it must deal with.

That said, I predict that if Trump is found guilty that most every Trump supporter will simply claim that this trial was rigged or offer some other excuse rather than accept that Trump actually did commit wrongdoing as per the guilty verdict.

 
 
 
evilone
Professor Guide
3.1  evilone  replied to  TᵢG @3    6 months ago

I noticed the judge's instructions were NOT in the article. It's just another click bate headline...

 
 
 
TᵢG
Professor Principal
3.1.1  TᵢG  replied to  evilone @3.1    6 months ago
I noticed the judge's instructions were NOT in the article. It's just another click bate headline...

I suspect we might have to wait for the judge to actual give the jury instructions before we know what they are.    ( Partisanship today is so over the top; so much irrational 'thinking'.   Just amazing, is it not? )

A critical moment will take place, perhaps Wednesday morning, before the jury begins its deliberations.

Judge Juan M. Merchan is expected to spend about an hour instructing the jury on the law governing the case, providing a roadmap for what it can and cannot take into account as it evaluates the Republican former president’s guilt or innocence.

In an indication of just how important those instructions are, prosecutors and defense lawyers had a spirited debate last week outside the jury’s presence as they sought to persuade Merchan about the instructions he should give.

The Trump team, for instance, sought an instruction informing jurors that the types of hush money payments at issue in Trump’s case are not inherently illegal, a request a prosecutor called “totally inappropriate.” Merchan said such an instruction would go too far and is unnecessary.

Trump’s team also asked Merchan to consider the “extraordinarily important” nature of the case when issuing his instructions and to urge jurors to reach “very specific findings.” Prosecutors objected to that as well, and Merchan agreed that it would be wrong to deviate from the standard instructions.

“When you say it’s a very important case, you’re asking me to change the law, and I’m not going to do that,” Merchan said.

Prosecutors, meanwhile, requested an instruction that someone’s status as a candidate doesn’t need to be the sole motivation for making a payment that benefits the campaign. Defense lawyers asked for jurors to be told that if a payment would have been made even if the person wasn’t running, it shouldn’t be treated as a campaign contribution.

 
 
 
evilone
Professor Guide
3.1.2  evilone  replied to  TᵢG @3.1.1    6 months ago
I suspect we might have to wait for the judge to actual give the jury instructions before we know what they are. 

Considering the judge hasn't turned the case over to the jury yet, I'm assuming Cobb meant instructions during the trial, but Cobb doesn't illiterate what those are and why he thinks it would 'require' a guilty verdict. We are all left to make guesses.

 
 
 
TᵢG
Professor Principal
3.1.3  TᵢG  replied to  evilone @3.1.2    6 months ago

And if Cobb was not referring to the official jury instructions (which precede deliberation) then he was being purposely misleading.    

 
 
 
evilone
Professor Guide
3.1.4  evilone  replied to  TᵢG @3.1.3    6 months ago

Him, or the writer of the article left out some stuff.

 
 
 
Jeremy Retired in NC
Professor Expert
3.2  Jeremy Retired in NC  replied to  TᵢG @3    6 months ago

So EVERYBODY claiming the system is fucked up are automatically "Trump Supporters"?  Nobody can be calling out a clown show for the sake of calling out a clown show .

Kind of narrow minded thinking.

 
 
 
TᵢG
Professor Principal
3.2.1  TᵢG  replied to  Jeremy Retired in NC @3.2    6 months ago
So EVERYBODY claiming the system is fucked up are automatically "Trump Supporters"? 

As usual you misrepresent what I wrote and put forth a strawman.

No, Jeremy, JustJim, RdtC, Ronin, Ed, and Snuffy that is NOT what I wrote.

 
 
 
Jeremy Retired in NC
Professor Expert
3.2.2  Jeremy Retired in NC  replied to  TᵢG @3.2.1    6 months ago

[deleted][]

 
 
 
JBB
Professor Principal
3.2.3  JBB  replied to  Jeremy Retired in NC @3.2    6 months ago

I get it! Is it because being assumed a Trump Supporter is a bad thing? Because being called a MAGA is a huge insult? Okay!

 
 
 
Jeremy Retired in NC
Professor Expert
3.2.4  Jeremy Retired in NC  replied to  JBB @3.2.3    6 months ago

It is a major step up from a Biden supporter.  

 
 
 
Ed-NavDoc
Professor Quiet
3.2.5  Ed-NavDoc  replied to  Jeremy Retired in NC @3.2.4    6 months ago

Good one! 🤣

 
 
 
Jeremy Retired in NC
Professor Expert
3.2.6  Jeremy Retired in NC  replied to  JBB @3.2.3    6 months ago

[]

 
 
 
JBB
Professor Principal
3.2.7  JBB  replied to  Jeremy Retired in NC @3.2.6    6 months ago

Is "MAGA" like some sort of Scarlet Letter? Is it something shameful? If you are "Trump Supporters" just admit it...

 
 
 
Jeremy Retired in NC
Professor Expert
3.2.9  Jeremy Retired in NC  replied to  JBB @3.2.7    6 months ago

See 3.2.6

 
 
 
Jeremy Retired in NC
Professor Expert
3.2.10  Jeremy Retired in NC  replied to  TᵢG @3.2.1    6 months ago

[deleted][]

 
 
 
JBB
Professor Principal
3.2.11  JBB  replied to  Jeremy Retired in NC @3.2.9    6 months ago

Yet you did not or would not answer me? Therefore we are left to take that as a definitive, "YES", to my queries. "MAGA" is shameful!

 
 
 
Jeremy Retired in NC
Professor Expert
3.2.12  Jeremy Retired in NC  replied to  JBB @3.2.11    6 months ago

[deleted][]

 
 
 
JBB
Professor Principal
3.2.13  JBB  replied to  Jeremy Retired in NC @3.2.12    6 months ago

[]

 
 
 
Ronin2
Professor Quiet
3.3  Ronin2  replied to  TᵢG @3    6 months ago

Of course you will. Democrats still have 3 bullets left in their lawfare gun.

Besides with this shit show kangaroo court in a Democrats controlled bastion of stupidity a guilty verdict is all but guaranteed.

 
 
 
TᵢG
Professor Principal
3.3.1  TᵢG  replied to  Ronin2 @3.3    6 months ago
Of course you will.   Democrats still have 3 bullets left in their lawfare gun.

I am not —nor have I ever been— a democrat.   Again you use antagonistic bullshit in lieu of an argument. 

Further, the other cases have essentially been delayed past the election.  

I will accept the results because they are the conclusions of the best legal process we have.    So even if I disagree, I will accept the results since I was not on the jury listening, observing, and deliberating on the evidence and the arguments. 

 
 
 
Krishna
Professor Expert
3.4  Krishna  replied to  TᵢG @3    6 months ago
I will accept the results of this legal process whichever way it goes.   Our system is imperfect (e.g. O.J. Simpson murder trial) but it mostly works and I doubt that there is a system of justice that can be 100% correct given the sketchy data and human judgment that it must deal with.

That reminds me of an old quote:

Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time.…

(Sometimes attributed to Winston Churchill, but apparently he was not the first to say it)

 
 
 
Tacos!
Professor Guide
4  Tacos!    6 months ago
the jury instructions as urged by the DA and adopted by the judge, over strenuous and well founded defense objections, virtually require conviction

HOW?

I’m so tired of this bullshit where people claim this or that election/trial/or other legal process is fixed or fraudulent with ZERO proof.

 
 
 
evilone
Professor Guide
4.1  evilone  replied to  Tacos! @4    6 months ago
I’m so tired of this bullshit where people claim this or that election/trial/or other legal process is fixed or fraudulent with ZERO proof.

As we can see here today, many of the posters have already made their mind up with nothing more than filtered propaganda and their own bias to fill in the blanks.

 
 

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