Key points
- Donald Trump is on trial in New York, accused of falsifying business records over hush money payments to the porn star Stormy DanielsThe jury is due to begin deliberating today after the judge’s instructionsTrump faces up to four years in prison if found guiltyProsecutors and Trump’s defence set out their closing arguments yesterday – catch up here
Explained:Can Trump still be president if he’s convicted?|The case summed up – a one-minute read|Everything we heard from Stormy Daniels, Michael Cohen and co|The four criminal cases against TrumpLive reporting by Ollie Cooper
15:51:40 Judge delving into charges
We’re getting into the nitty gritty now – as Judge Juan Merchan seeks to outline the 34 charges brought against Donald Trump by the DA.
“The first count is falsifying business records in the first degree,” he begins.
Under the law, he explains, that must include an intent to commit a crime or to aid or conceal the commission thereof – but the prosecution doesn’t need to prove the crime was in fact committed.
So, when looking to find whether there was intent – the judge tells them to examine:
- What did Trump do or say?Was the result the natural or probable outcome?
He tells the jury that they must be unanimous in finding Trump guilty of conspiring to promote or prevent the 2016 presidential election by unlawful means, but they do not have to be unanimous in identifying what that unlawful mean is.
A reminder that all 34 charges against Trump are for falsifying business records in the first degree.
NBC’s Lisa Rubin from court:
“Merchan is now instructing the jurors on the law specific to this case.
“He has just told the jurors that one person can be criminally liable for the conduct of another when the first person solicits, requests, commands, importunes, or intentionally aided the other to engage in that crime and did so with the necessary state of mind, even if the first person did not personally commit the crime.
“This is the ‘acting in concert’ instruction.”
15:40:54 Trump ‘restless’ as jury told to examine witness reliability
Moving on to the core of the defence’s argument – the reliability (or unreliability) of key witnesses.
A reminder that Donald Trump lawyer Todd Blanche spent much of his time in closing arguments yesterday attacking the character and motivations of Michael Cohen – who has been described as the prosecution’s star witness.
“You may consider whether a witness has been convicted of a crime,” the judge tells the jury, but adds they are not required to reject the testimony of a witness solely on that basis – they should consider whether that impacts truthfulness.
Judge Merchan urges the 12 jurors to compare the testimonies of different witnesses and use logic to draw conclusions as to their reliability based on any consistencies or inconsistencies they may find.
“Even if you find the testimony of Michael Cohen to be believable, you may not convict the defendant solely on that testimony,” he says, adding they should look for corroborative evidence.
Joshua Steinglass for the prosecution told the jury yesterday he found it “difficult to conceive of a case with more corroboration”.
NBC’s Jon Allen from court:
“Trump appears to be a little restless as Merchan drones through the lengthy jury instructions.
“Mostly leaned back in his chair, he adjusts himself from time to time.
“He’s clasped and unclasped his hands in front of his chest, he leaned forward to take a few sips of water.
“He seems to primarily have his eyes on Merchan during the reading of the instructions.”
15:31:40 Fundamental trial principles discussed
The judge now moves on to what he describes as the “fundamental principles” of any trial.
“The defendant is not required to prove that he is not guilty,” Judge Merchan says.
In fact, “the defendant is not required to prove or disprove anything”.
He stresses that the people must prove beyond any reasonable doubt that Donald Trump is guilty of the charges brought against him.
He defines what “beyond reasonable doubt” looks like – and tells the jury they must only use the evidence shown to them throughout this trial to draw conclusions.
“You must decide whether a witness told the truth, or is accurate, or instead testified falsely or was mistaken.”
He also instructs the 12 New Yorkers not to speculate or infer anything from the fact that Trump himself did not testify before the court.
NBC’s Tom Winter from court:
“The judge told the jury that they cannot draw any inferences from Trump not testifying.
“Trump did not react, sitting back in his chair with eyes appearing to be shut and his head tilted back.”
15:22:34 Judge reminds jury that potential sentence is his to make
Judge Juan Merchan continues his instructions to the jury.
“You must set aside any personal opinions or bias… you must not allow any such opinions to influence your verdict,” he says.
He reminds the jurors that their role in this case is simply to examine the evidence and decide whether the defendant is guilty or not.
“If there is a verdict of guilty, it will be my responsibility to impose the appropriate sentence,” he says.
Any inferences must be drawn using logic, not speculation, he says.
NBC’s Katherine Doyle from court:
“Judge Merchan is speaking slowly, in almost a monotone way with little inflection.
“He warned jurors at the beginning of his instructions that if he shows any voice inflection, it is not to be seen as that he agrees or disagrees with any part of this instruction.”
15:18:49 Trump pictured in court
Court photographers snapped a few pictures of former US president Donald Trump as he took his seat.
He was seen smiling and whispering to his defence team as the jury came in.
15:17:17 Trump tilts head and closes eyes
NBC’s Katherine Doyle from court:
“Trump, wearing a navy suit and yellow tie, glanced at Steinglass as the prosecutor noted for the court a small correction to the verdict sheet, before whispering to his defence attorneys.
“As Merchan delivers his instructions, Trump has now resumed his usual pose, with his eyes closed and head tilted softly back.”
15:15:34 Merchan begins instructions
Judge Juan Merchan turns to address the 12 New Yorkers that make up this jury.
“I will now instruct you on the law,” he says, adding that he will not be going over the evidence.
He says he will speak to them for about an hour, before they are sent to deliberate.
He stresses his own objectivity – saying that nothing he has said to anyone involved in this case should indicate that he has any opinion in it.
“It is not my responsibility to judge the evidence here – it is yours,” he says.
“You are tasked to make an important decision about another member of the community.”
15:08:21 Court resumes
The case has been called, and Judge Juan Merchan is set to deliver his instructions.
Once that’s done, the jury will deliberate and deliver its verdict once all jurors unanimously agree on whether they find Donald Trump guilty or not guilty.
He stands accused of falsifying business records over hush money payments to the porn star Stormy Daniels.
We’ll be bringing you updates right here.
14:56:14 Trump arrives at court
Donald Trump has just arrived at the courthouse.
He’s wearing a navy suit with a yellow tie.
Defying his usual custom, Trump does not say anything on his way into court.
We’re expecting proceedings to kick off around 3pm UK time, before the jury is sent out to deliberate from around 4pm.
14:26:46 Trump leaves Trump Tower
Donald Trump has just left Trump Tower to head over to the Manhattan courthouse.
It’s about a 20-minute journey.
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