aggiehawg said:
Gee, none of the other legal pundits following this case, chapter and verse and having the written jury instructions believe that doesn't say they don't require unanimity on the predicate crime.
Nor is it even remotely clear that any of those other crimes were ever presented to the grand jury. Now Bragg created a Statement of Facts after the indictment but that is not properly part of the grand jury's decisions.
What makes this issue all the more disquieting is that Merchan presided over that grand jury and would kno what was and was not presented to them. If these other theories were bootstrapped into trial but never presented to grand jury?
The jury must agree on the predicate crime per the jury instructions. The jury has to unanimously agree that Trump had intent to aid, conceal, or commit a violation of New York Law 17-152.
Page 43 of the jury instructions:
Quote:
NEW YORK ELECTION LAW 17-152 PREDICATE
The People allege that the other crime the defendant intended to commit, aid, or conceal is a violation of New York Election Law section 17-152.
New York Law 17-152 says it is a crime for "any two persons who conspire to promote or prevent the election of any person to a public office
by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor."
What the jury does not have to agree unanimously on is the "unlawful means."
Page 44 of the jury instructions:
Quote:
Although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those unlawful means were.
https://www.documentcloud.org/documents/24703577-2024-05-23-jury-instructions-and-charges-final-5-23-24