Thursday, June 20, 2024

Were the jury instructions in Trump's New York trial unconstitutional? Quite possible

This conflicted judge Juan Merchan did not inspire much confidence during the entire trial!

Caveat: I am not intimately familiar with the details of this trial

"A New York jury acquitted publisher John Peter Zenger of seditious libel in 1735 in what the National Constitution Center correctly calls “an early example of jury nullification.” Three centuries later, another New York jury was falsely instructed that it lacked that power, thereby rendering its guilty verdict against another high‐​profile defendant, former President Donald Trump, constitutionally infirm.
Juries have always had the power to acquit against the evidence, and telling them otherwise violates the Sixth Amendment and due process. ...
The founders [fathers and mothers] would not have approved, and neither should we."

A Glaring Error in Trump's Hush Money Trial | Cato Institute However one feels about Trump, he has the same right to due process and an impartial jury as the rest of us. And he was denied that right by instructions that falsely advised his jury that it had no discretion to acquit him for reasons other than a failure of proof.

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