It’s Day 20 of the trial.
Discussions / debate on jury instructions begin at 2:15 this afternoon.
I am not a lawyer, but it seems like this could be the whole ballgame. Yes? No?
Best sources of live blogging that I have found.
Josh Kovensky (TPM) live blogging
Mark Sumner (Daily Kos) live blogging
Tyler McBrien (Lawfare) on twitter
Good morning from 100 Centre St for DAY 20 of Trump’s NY criminal trial.
Yesterday, we made it through the prosecution’s case-in-chief. But we’re not through just yet. Today, Costello is back on the stand.
I’m here reporting it all for @lawfare.
Join me, won’t you? 🧵⚖️ pic.twitter.com/2uXlkNDWDS
— Tyler McBrien (@TylerMcBrien) May 21, 2024
Anna Bower (Lawfare) on twitter
Greetings from The Line at 100 Centre Street, where Donald Trump’s criminal trial is set to resume with the cross examination of Robert Costello.
Will Costello attempt to “stare down” Justice Juan Merchan? And will the defense rest its case?
Follow along to find out 👇 ⬇️ pic.twitter.com/e48UE9d7wA
— Anna Bower (@AnnaBower) May 21, 2024
Adam Klasfeld on twitter
Good morning from New York.
After clearing the courtroom, the judge threatened to oust Trump’s first (and maybe only) substantive witness for his “contemptuous” conduct—and strike his testimony.
Will Bob Costello avoid that fate now?
Follow my live coverage from the room. 🧵
— Adam Klasfeld (@KlasfeldReports) May 21, 2024
Lisa Rubin on twitter
not up yet
Still loving this awesome guy who carries this sign. Seems to be in a different place in this one!
Open thread.
Update: Court will be back in session at 2:15 Eastern to sort out jury instructions. There will be live blogging for that, too, so stay tuned. Or maybe I’ll put up a new post for that.
Baud
If the defendant is a piece of shit, you mustn’t acquit.
JaySinWA
@Baud: If the defense throws a fit, you still can’t acquit.
Randal Sexton
@JaySinWA: if the defendant is a pornstar whammer you must send him to the slammer
Captain C
@Randal Sexton: If the defendant goes after the judge’s daughter, forget the slammer, send them to slaughter.
JaySinWA
@Baud:
@Randal Sexton:
@Captain C:
Break the meter, free the verse.
WaterGirl
wow, don’t stop now.
Chief Oshkosh
Ooh, fun. Let me play!
If a frog had wings, it wouldn’t bump its ass when it hopped.
Somehow I think I got the instructions wrong.
WaterGirl
Interesting. TPM
TBone
@Chief Oshkosh: 💙😆
TBone
@WaterGirl: clash of warriors
LAO
@WaterGirl: For the record, jury instructions are extremely important. Jurors really like trial judges, so it’s important that, as a trial lawyer, your summation lines up with what the judge is going to tell the jury the law is. Admittedly, this is a much more difficult task for the defense in most cases.
WaterGirl
@LAO: That’s how it seemed to me, so it’s good to know that that’ how it actually is. :-)
Ishiyama
About all Trump’s lawyers can do in closing argument is point to the jury instruction on reasonable doubt, and argue the credibility of the prosecution’s evidence and witnesses. If I’m in their chair, I’m hoping for holdouts against conviction, and I am trying to give them a fig leaf for their opposition. (Plus, I hope the prosecutor makes an improper argument and gives me a mistrial.)
WaterGirl
@Ishiyama: So if the prosecutor argues something that’s out of bounds (how can that be?) even if the Judge stops him in really time, there could be a mistrial?
I think there aren’t usually objections in closing arguments are there?
Anonymous At Work
Finding the defendant guilty doesn’t mean you also get to beat him with baseball bats in prison.
Finding the defendant not guilty doesn’t meant you get to do it in the alley behind the courthouse either.
LAO
@WaterGirl: Objections are disfavored during summation but not barred. So yeah, an aggrieved party has to object or an appellate issue is waived. As to your another question, anything can happen during trial, including a mistrial caused during summation. It’s highly unlikely though. I’ve never seen it happen or heard of it happening.
I actually won an appeal in the 2d circuit, where prosecutorial misconduct during summation was a major issue (among other issues).
Belafon
@Anonymous At Work: What if he’s found guilty but doesn’t go to prison?
Ishiyama
@WaterGirl: The most common prosecutorial error in closing argument is to comment on the Defendant’s failure to testify. Which gets you a new trial 9 times out of 10.
Sister Machine Gun of Quiet Harmony
Don the Con
can’t really go on
As much as he
may wannabe free,
he committed a felony
japa21
@Belafon: As< I believe it was LAO, commented earlier, since the charges are low level felonies, he probably wouldn’t go to prison even if found guilty. However, I suppose community service in some, to him, undesirable areas, would suffice.
Timill
@japa21: 3 years probation with a condition to reside in NYC?
JaySinWA
Oddly, I ran into this case while wondering what the answer was to Watergirl’s question.
https://natlawreview.com/article/objecting-during-closing-arguments
The case involves a mistrial declared because of closing arguments, without an objection but a motion for a mistrial, and whether that is relevant. The article doesn’t include the final resolution on appeal.
WaterGirl
@Ishiyama: Thanks for the info!
Jackie
@japa21:
Working in homeless shelters for X number of months with daily drug tests. I think he’d prefer prison!
japa21
@Jackie: Exactly what I was thinking.
tcbleu
wonder how DJT enjoyed barron’s graduation ceremony
WaterGirl
@tcbleu: Let’s see.
Was it about Donnie? No? Then, no, he didn’t enjoy Barron’s graduation.
JaySinWA
@WaterGirl: Hey, it was about Donnie delaying justice for another day. I’m sure he enjoyed the moment. /s
WaterGirl
@JaySinWA: You’re right about that. I’m sure he thought he had put one over on Justice Merchan. As if he could.