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A Manhattan canned hunt: The Trump jury is out but is the case in the bag?

5 0
29.05.2024

Today the jury began its deliberations in the trial of former president Donald Trump. Before jurors left, however, Judge Juan Merchan framed their deliberations in a way that seemed less like a jury deliberation than a canned hunt.

For many of us, the Trump trial has seemed otherworldly, a vaguely familiar proceeding where common elements of a trial seem to have been flipped.

Even before the jury instructions, the trial was controversial for both liberal and conservative commentators. At the start of closing arguments, most honest observers were still wondering what the prosecutors were alleging as to the crime that Trump was allegedly concealing with the falsification of business records.

Then came the closing arguments. Around the country, it is standard for the government to go first with a closing to allow the defense to respond. The government is then given the privilege of a rebuttal after the defense rests. In New York, the defense must go first, giving the government free rein over its closing with no risk of contradiction from the defense. With the exception of objections, any abusive or improper arguments are left to the judge to address.

In the case of Judge Merchan, that protection was all but absent as the prosecution engaged in flagrant violations from offering testimony on unestablished facts to directly contradicting prior instructions. In one of the most egregious moments, Prosecutor Joshua Steinglass told the jury that it is an established fact that former Trump........

© The Hill


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