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If you’ve been following former President Donald Trump’s hush-money trial in New York, you might have seen the shocking news that the judge in that trial, Juan Merchan, issued bizarre and plainly unconstitutional jury instructions on Wednesday, telling jurors they need not agree on what crime Trump allegedly committed to reach a unanimous guilty verdict.
You read that right. According to Judge Merchan, the jury could come back with a guilty verdict without agreeing on whether Trump committed election fraud, tax fraud, or falsification of business records. He essentially divided the jury into three groups of four, saying that if they’re split 4-4-4 on what crime Trump committed, he’d treat that as unanimous. To say this is unusual is of course a gross understatement.
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