The judge in President Trump's hush money trial told the jury that they don't even have to agree on the crime. They can't even agree on what the crime is, because it's not even defined. Is this normal?
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00:02:45.800Whatever they think the crime is, because it wasn't really defined, even if they don't agree on the crime, if 12 of them thinks he committed some crime, well, then he's guilty.
00:04:18.540Look, since 2020, the United States Supreme Court has said that jury unanimity in criminal law is required under the Sixth Amendment of the United States Constitution.
00:04:30.980There were two states prior to 2020 that did not require jury unanimity under the Sixth Amendment in criminal trials.
00:04:37.940Louisiana and Oregon for lesser offenses.
00:04:40.960And the Supreme Court fixed that in 2020.
00:04:42.940And so for this prosecutor and this judge to say, hey, whatever you think, go ahead and do what you want, it really violates the Sixth Amendment.
00:04:50.260It violates the president's due process rights.
00:04:52.700Because how is he supposed to know how to offer a defense if he doesn't even know what the target crime is that is an element of the offense for which he's charged?
00:05:02.400But then also, it empowers this jury to become a roving commission.
00:05:09.300They're going to throw everything against the wall, listen to all this evidence, not give the jury written jury instructions, and just convict them of something whenever you want.
00:05:15.640Well, there's, what is it, 32 charges?
00:05:20.100So if two of them believe, you know, well, he's guilty on number, you know, 29, and two of them believe something else, but they don't agree on the same counts, how is that justice?
00:05:38.560And again, it creates a roving commission.
00:05:40.780And that violates the basic constitutional tenets that underpin the due process clause and the Sixth Amendment right to a jury trial that has been incorporated against the states, and certainly at least since 2020.
00:05:56.260I think it's throw everything against the wall.
00:05:58.400You know, it also reminds me of there was a Roman emperor who used to nail the laws to the highest point on the columns so that the Roman citizens wouldn't be able to read them.
00:06:11.220I mean, the judge is saying, jury, I'm going to charge you to find a crime, any crime you want, and I'm not going to let you read the jury instructions.
00:06:18.080Trust me, you guys just go back and pick something you want to convict them on.
00:06:21.720Okay, so tell me what the jury instructions mean, and why would he not print?
00:06:26.820Because I understand also that it is clearly printed all the time.
00:07:44.180It's one of the first objections you learn in any evidence class in law school.
00:07:48.260And to have the prosecutor for the state of New York, Matthew Colangelo, Alvin Bragg, having that team stand up and testify as if they're witnesses to facts that had not been introduced is completely impermissible.
00:08:00.780It demonstrates an abuse of the judge's discretion.
00:08:03.780It should have been stricken from the record.
00:08:06.060But again, I'm going to go back to this idea of a roving commission.
00:08:10.040The thing about our experience under colonial England, where general warrants were issued by magistrates and the British soldiers could search your home and quarter in your home for no basis whatsoever, just on any level of suspicion.
00:08:24.180And you didn't even have to be charged with an actual offense that you would then be able to defend against.
00:08:29.000Vague allegations were sufficient to jail you.
00:08:31.980And so the founders erected these constitutional barriers to that kind of government intrusion into our individual liberties.
00:08:39.720And again, the Sixth Amendment requires jury unanimity, which has been violated here, but it also prevents a – the due process clause also prevents a roving commission where the law is so abstract that the jury can roam freely through the evidence and choose any fact it wants to create liability.
00:08:57.140That is not – again, that is not what this country is founded upon that violates the president's constitutional rights.
00:09:03.500And it, once again, just demonstrates this was never about a legally valid conviction.
00:09:35.220It should have been dismissed at the close of state's evidence for failure to actually prosecute a criminal offense, failure to offer proof beyond a reasonable doubt on some of the elements.
00:09:43.600It then should have been dismissed once again at the close of all the evidence.
00:09:47.000This should have never even gone to the jury.
00:09:48.440And the fact that they've now rigged the jury process to avoid the unanimity requirement and to create this roving commission just once again is one more piece of evidence to prove the illicit nature of the witch hunt prosecution.
00:09:59.200So do you believe this was done possibly – excuse me.
00:10:06.240Would you believe this was done possibly because they just want the felon, name after, and then just dispute, well, it was some, you know, conservative court that overturned it?
00:10:42.080I mean, this is a crucial period when President Trump needs to be courting the electorate in public, and instead he's tied down in a Manhattan courtroom.
00:10:49.320But secondly, think about how long an appeal takes.
00:10:53.240I mean, to the extent he is convicted, to the extent they obtain an illegal, illicit conviction this week or next, sentencing will be pushed out 45 to 60 days, you know, at most.
00:11:03.700And then an appeal is going to take a year or more.
00:11:06.500And so this takes us in – even if President Trump is elected president, this will haunt him and this will undermine the first few years of his administration.
00:11:15.380They've poisoned a well that we'll be drinking from for years from now.
00:11:19.140I mean, you want to talk about the end of the republic.
00:11:26.080It's this kind of stuff that ends the republic.
00:11:29.480You don't win – because it's not just about him.
00:11:32.440This goes back to what Stalin created, what the king, King George created.
00:11:37.700Find me the man, I'll find you the crime.
00:11:41.840You know, there is no justice if things like this happen.
00:12:22.800And we couldn't agree on all of the counts.
00:12:28.740And so we ended up on, I think, on maybe two counts out of eight or something like that because we were split.
00:12:36.840If we would have been able to say, oh, you four want this and you four think that case and that four think this, we would have been out of there by now.
00:12:47.080Does it say anything that they have such a wide berth to agree on anything and it takes them a while to get through this?
00:13:10.460And, again, that's why jury unanimity is so important to our constitutional structure, to our individual rights, you know, and also the due process clause to prevent that kind of roving commission.
00:13:22.900I mean, the prosecution's case here is best summed up as there is no crime.
00:13:27.460So let's see how much garbage we can throw on a wall, see if any of it sticks and try to convince someone that it's criminal behavior.
00:13:33.600And the judge is going to collude with us, not allow the jury to see the law and then agree that, yeah, you are a roving commission.
00:13:39.420Anything you want to find that's criminal, it's a grab bag.
00:13:56.860I mean, this is a state that prides itself on criminal justice reform and, you know, bail for everyone with a, you know, cashless bail for everyone.
00:14:03.560And one standard of justice is Alvin Bragg's mantra on his website.
00:14:07.080I mean, how can he even look at himself in the mirror and keep a straight face with that kind of nonsense going on?
00:14:49.240And I think it's a reasonable inference for us as outsiders to draw that those attorneys are inviting that jury to stretch and use circumstantial evidence to try to find any crime.