NEW YORK (NewsNation) – Jury deliberations in the criminal trial against former President Donald Trump are expected to continue Thursday.
Judge Juan Merchan on Wednesday explained to jurors the legal details each of them needed to consider before reaching a verdict in a Manhattan courtroom, which took about an hour and a half before it was sent off for deliberation.
He dismissed the jury just before 4:30 pm ET on Wednesday, with deliberations set to begin again at 9:30 am ET on Thursday, once all jurors have arrived.
Merchan indicated that times for future days have not yet been determined, but he said jurors will have the option to work after 4:30 p.m. ET if they wish, but that deliberations will not continue past 6:00 p.m. ET. USA.
Closing arguments concluded on Tuesday against the former president, with prosecutors and defense lawyers having one last opportunity to convince the jury of their respective cases.
Trump, the presumptive Republican presidential nominee, faces 34 criminal charges alleging he falsified business records during the 2016 presidential election. Prosecutors allege the records were falsified to hide $130,000 in payments tied to porn star Stormy Daniels’ allegations that she had a sexual relationship with Trump.
Silent payments themselves are not necessarily illegal, but they may become illegal if they are made in connection with another crime or as blackmail. In this case, the payments are being considered by prosecutors as illegal campaign contributions, which makes them a violation of campaign finance law.
Trump has maintained his innocence since being charged and claimed to be the victim of a political witch hunt.
Jury deliberations
Although 18 jurors have been chosen, 12 will decide Trump’s fate (the other six are alternates).
The panel of jurors must consider each of the 34 charges against Trump and reach the same decision for the judge in the case to move forward. If the jury is unable to reach the same decision, the judge may declare a mistrial.
After five hours of deliberations on Wednesday, the jury asked the judge for four witness transcripts. These include: David Pecker’s testimony about a phone call with Trump, Pecker’s testimony about Karen McDougal, Pecker’s testimony about a Trump Tower meeting, and Cohen’s testimony about a Trump Tower meeting.
Pecker is the former editor of the National Enquirer. Prosecutors alleged he orchestrated a “catch and kill” to buy negative stories about Trump before the election and not publish them.
The 34 charges Trump faces include 11 counts of falsified invoices, 12 counts of falsified ledger entries and 11 counts of false recording of hush money payments.
Closing arguments
During Tuesday’s closing arguments, prosecutor Joshua Steinglass said the state presented “powerful evidence” of Trump’s guilt. Steinglass attacked the defense for “demonizing” Daniels, although he acknowledged that his testimony was uncomfortable at times.
He also conceded that it was true that former Trump lawyer and fixer Michael Cohen “had baggage,” but said the defense was trying to have it both ways, casting doubt on the actions and also acknowledging that the payments were made in first place.
The prosecution’s arguments emphasized the need for jurors to examine documents at the heart of the case. Steinglass also called on jurors to set aside their own personal opinions about whether Trump’s alleged affair was a big deal, arguing that voters should decide that for themselves rather than having information withheld from them.
Steinglass said it was all about the election and not protecting Trump’s wife, Melania, which was the former president’s stated reason for the payments to hide the alleged affair.
Trump’s lawyer, Todd Blanche, argued that the trial was not a case about Trump’s alleged sexual encounter with Daniels, but rather about business records. He also attacked Cohen’s credibility, telling jurors they could not convict Trump based on Cohen’s testimony alone.
Blanche ended closing arguments by listing 10 reasons for reasonable doubt, which included the public nature of some stories and defense arguments that there is no evidence proving the intent to defraud or Trump’s direct involvement in the payments.
Maximum sentence of 20 years
The maximum sentence Trump could face if convicted is 20 years in prison. Although each felony charge carries up to four years in prison, for a total of 136 years, New York law limits the sentence for this type of crime to a maximum of 20 years.
However, not all first-time offenders go to prison, and Merchan could impose a lesser sentence, which could include fines and/or some combination of probation or community service. The fine for falsifying business records as a felony charge is $5,000, although it is not entirely clear whether this would be per count, which would total a maximum of $170,000.
It’s also possible the jury could find Trump guilty of a lesser offense, which comes with the possibility of fines, probation or up to a year in prison per charge.
The jury could also return a mixed verdict, finding Trump guilty on some charges but not others, which would also impact the potential sentence.
Remaining cases against Trump
Regardless of what happens in New York, Trump still faces two federal criminal cases and one criminal case in Georgia. However, it appears increasingly unlikely that these will be judged before the November elections.
Trump’s election interference case in Georgia is on hold pending Trump’s appeal of a judge’s decision to allow Fulton County District Attorney Fani Willis to remain on the case despite her romantic involvement with the former. attorney Nathan Wade. Trump’s defense team in that case argued that the relationship presented a conflict of interest, and a judge ruled that either Wade or Willis should resign from the case, which Wade did.
The federal election interference case against Trump, brought by special counsel Jack Smith, is also delayed while the Supreme Court weighs Trump’s claims that presidents should have absolute immunity from prosecution.
The court has not yet ruled, but one possible outcome is the case being sent to lower courts, which would mean further delays.
Trump also faces charges of illegally retaining and improperly storing classified documents after leaving office. That case, also brought by Smith, was suspended indefinitely by Judge Aileen Cannon, appointed by Trump.
Cannon cited arguments about how confidential evidence should be treated as her reason, but others blamed incompetence or accused her of making the decision to help Trump delay his cases until after the election.
2024 presidential elections
Even if Trump is found guilty in one or more of these cases, he could still run for president. He is also eligible to run and serve even if he is in prison, although it is not entirely clear how that would work.
Escaping behind bars is not entirely unprecedented. In 1920, socialist Eugene Debs ran for president from a federal prison while serving time for sedition, after urging people to resist the military draft.
The multiple criminal cases against Trump have not diminished support among Republican voters, but there is research that indicates a conviction could sway moderate and undecided voters when it comes to the polls.
NewsNation’s Jeff Arnold and Damita Menezes, Caitlyn Becker and Laura Ingle contributed to this report.
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