Legal expert says Trump dropped a 'hint' about the jury — and it's a 'gift' to prosecutors
Donald Trump just dropped a "hint" on social media about the jury instructions in his criminal case in New York, and it shows prosecutors have a new advantage, a former prosecutor said Monday.
Catherine Christian, a onetime assistant district attorney, appeared on MSNBC to discuss Trump's hush money cover-up case, where he stands accused of paying off adult film star Stormy Daniels in order to impact the results of the 2016 presidential election. That case goes to closing arguments on Tuesday.
The host asked Christian a series of questions about Trump's ongoing trial, including one about a Truth Social post in which Trump appears to be complaining about the instructions that will be handed down to jurors before they make their decision. Those decisions are not yet public.
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"I want to show something he posted on Truth Social," the host says. "I wonder if this gives a hint about jury instructions and what they might be. I know we haven't gotten an announcement from Judge Merchan, but I wonder if he has said something to the prosecution or defense, and I'm asking because Donald Trump said this, 'The reason the highly conflicted Judge Merchan had to come up with three fake options for the jury to choose from without requiring them to be unanimous, which is completely un-American and unconstitutional, is the corrupt Soros' ... so he's talking about three options for the jury to choose from without requiring them to be unanimous. Is he talking about federal election crime, state election crime, tax crime as the underlying felony charge, and do you have a sense that they know what the jury instructions are going to be?"
Christian replied, "I would hope that the defense and the prosecution know what the jury instructions are going to be since they're giving their summations tomorrow. I understand why the press and why we would all want it, [but also] why the judge didn't release it. He wants to make sure the first time the jury hears about this, and the jury is abiding by judge's rules, and not watching this right now, is the first time they hear about this is tomorrow, so that post by Donald Trump is sort of a hint, if you can believe Donald Trump, that maybe the instruction to the jury will be that the unlawful means, conspire to promote an election by unlawful means, could be the federal election law violation, could be tax crimes, state tax crime violation, so I have a feeling that that's probably what Donald Trump is talking about because his lawyers have a copy of the jury instructions the judge will give tomorrow."
She added that it's "definitely it's a gift" to prosecutors.
"If the jury believes all of the evidence, it's a gift to them."