The Lawrence O’Donnell Factor: Will the Trump Jury Exercise Blind Justice or Willful Blindness? May 24, 2024 1/2
Below is my column on Fox.com on the closure of the government and defense cases in the Trump trial. It is clear that the government is going to achieve its objective in avoiding a direct verdict and giving this matter to the jury, which it hopes that the paucity of direct evidence of a crime will be overcome with an abundance of hostility to Donald Trump. As I previously have written,I am still hopeful that these jurors will vindicate the New York legal system with at least a hung jury. In the end, we will see if a Manhattan jury will exercise blind justice or willful blindness.
Here is the column:
With closing arguments scheduled for Tuesday, May 28, the prosecution of former President Donald Trump will finally head to a jury. Judge Juan Merchan has refused every opportunity to bring an end to this politically manufactured prosecution.Now it will be up to 12 New Yorkers to do what neitherthe court nor the prosecutors were willing to do:adhere to the rule of lawregardless of the identity of the defendant.
Merchan has allowed the government to bring back into life a dead misdemeanor and convert it into 34 felony counts of falsifying business records in the first degree. To accomplish this legal regeneration, Manhattan District AttorneyAlvin Bragg has vaguely referenced a variety of crimesthat Trump allegedly was trying to conceal through the business record violations.
The problem is that he has left the secondary crime mired in uncertainty to the point that experts on various networks are still debating what the underlying theory is in the case.
Indeed, Bragg is expected to finally state with clarity what he is alleging … at the closing arguments of the case.
In the meantime, theprosecution is pushing to make it easier for the jury to convict. First, they havevaguely referenced a variety of possible offensesfrom tax to election violations. Bragg initially laid out four possible predicate crimes. It is down to three – a tax crime and violations of state or federal election law. (Pick a crime any crime!)
Merchan has ruled that the 00jury does not have to agree on what crimes were being covered up so the jury could literally have three different views of what happened in the case and still convict Trump.==
Prosecutors are also seeking to effectively shorten the playing field byallowing the jurors to convict on a lower standard of prooffor the key term in using “unlawful means.” The defense wants the jury instructed that it must find that such use of “unlawful means” was done with willful intent.
The prosecutors do not want to use that higher standard. For the defense, it is effectively reducing the field to the end zone to make it easier for the prosecution to score.
In the last few days, the Bragg strategy has come into sharper focus in one respect. Bragg is not counting on the evidence or the law.He is counting on the jury.Call it the Lawrence O’Donnell factor.
After Michael Cohen imploded on the stand in the trial, even experts and hosts on MSNBC and CNN stated that his admissions and contradictions were devastating. Cohen is not only accused of committing perjury in his testimony, buthe matter-of-factly detailed how he stole tens of thousands of dollarsfrom the Trump organization.
After being disbarred and convicted as a serial perjurer,Cohen waited for the statute of limitations to run on larcenyto admit that he stole as much as $50,000 by pocketing money intended for a contractor.
Liberal commentators acknowledged the fact that Cohen had committed a far more serious offense than the converted misdemeanor against Trump (but was never charged). Yet,one figure stepped forward to assure the public that all was well.…
https://jonathanturley.org/2024/05/24/the-lawrence-odonnell-factor-will-the-trump-jury-exercise-blind-justice-or-willful-blindness/