If the jury is confused about the rules they are to follow it's no surprise the rest of us are even more confused. Luckily, we have people like Jonathan Turley who can enlighten us about what is going on.
Take a look:
Judge Merchan has erred on the side of inclusion. There was a subsequent request to add more and he approved it. There is another note from the jury.
— Jonathan Turley (@JonathanTurley) May 30, 2024
ANOTHER note from the jury.
...The jury is asking for instructions on count one and how to deal with evidence and the inference to be drawn from evidence. He will read pages 7-35.
— Jonathan Turley (@JonathanTurley) May 30, 2024
Evidence and the inference to be drawn from evidence.
Alrighty then.
...The inference instructions are interesting. It is not the corroboration or perjury material that would have presumably focused on Cohen. However, the inference sections would go to how much that can read into the implications of testimony. Much of Cohen's testimony did not…
— Jonathan Turley (@JonathanTurley) May 30, 2024
His post continues:
Much of Cohen's testimony did not concretely establish knowledge or intent by Trump but the prosecutors insisted that they could infer from that evidence...
Inference sounds like something a prosecutor might rely on if they don't actually have any real evidence.
...Likewise, Pecker's testimony tied his actions to the election and the question is how much can the jury infer from the accounts of the Trump Tower meeting that Trump knew and approved of this effort...
— Jonathan Turley (@JonathanTurley) May 30, 2024
Recommended
Infer.
...I should have said better than good news. The corroboration and perjury instructions would have suggested that Cohen was the stumbling block. This goes to the question of weight that can be given to these accounts. Notably, they are asking for mostly Pecker's account but also…
— Jonathan Turley (@JonathanTurley) May 30, 2024
His post continues:
This goes to the question of weight that can be given to these accounts. Notably, they are asking for mostly Pecker's account but also have a request for a Cohen passage.
...The jury specifically raised the "rain metaphor" in their request for the readback. That metaphor is meant to suggest that observing some facts can confirm the occurrence of other prior facts like seeing umbrellas to show that it has rained. The defense has obviously resisted…
— Jonathan Turley (@JonathanTurley) May 30, 2024
Sounds a lot like making assumptions to us.
Not that we're experts on any of this.
...The instructions state that you can draw an inference from any fact that is proven. Hence the rain metaphor. If you go to bed that it was not raining, but in the morning you see wet grounds and people carrying umbrellas. However, the inference must not be speculative but a…
— Jonathan Turley (@JonathanTurley) May 30, 2024
Must not be speculative ... huh.
...When I say he erred on the side of inclusion I meant only that he preferred to include rather than exclude. I agree with that approach generally.
— Jonathan Turley (@JonathanTurley) May 30, 2024
Interesting.
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