Merchan to Jury: Choose Your Own Adventure

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Ed Morrissey

This is outrageous, but explicable on unanimity. The jury still has to unanimously convict Trump, but do not have to be unanimous on which crime Trump allegedly covered up with false ledger entries. The prosecution only discussed that in closing arguments and offered three theories -- one of which was a violation of federal campaign-finance law, which is outside the jurisdiction of the Manhattan DA and state courts. As long as jurors are convinced he tried to cover up one or more of the crimes, they don't have to be unanimous on which one it was.

Needless to say, this is absurdly unconstitutional. Defendants are entitled to know the clear charges against them, and prosecutors are required to prove each element of the case. In this trial, the only reason these are felonies is because Bragg insists that Trump violated other laws, but never even presented a case on any of the three theories. 

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