Photo: Alamy
Judge Merchan offered jurors in President Donald Trump’s “hush money” case surprising instructions on the parameters for reaching a potential guilty verdict on Wednesday.
Journalist Kyle Becker reported on X that “Judge Merchan has instructed the jury they do not need to have a *UNANIMOUS* verdict in order to convict former President Donald J. Trump.”
He shared a Fox News clip of broadcaster Harris Faulkner stating that Judge Merchan instructed jurors: “There is no need to agree on what has occurred. They can disagree on what the crime was among the three choices.”
“This means they could split 4-4-4 and the judge would still treat them unanimously,” she added.
Former Assistant U.S. Attorney Andy McCarthy called the instructions “outrageous.”
McCarthy continued, “In a normal criminal case every statutory crime has what we call elements of the offense. Like in a bank robbery case you have to rob – it has to be a financial institution, you have to show intent.”
McCarthy also reminded viewers, “Falsification of records is normally a misdemeanor in New York. What makes it a felony is that you are concealing or committing another crime.”
“The only reason they are still able to bring this case is because it’s a felony allegedly and yet now the judge is saying you know, you don’t have to agree on what the felony is,” he concluded.
This unprecedented case has led Rep. Elise Stefanik, R-N.Y., to file a misconduct complaint against Judge Merchan regarding concerns over multiple potential conflicts of interest including his alleged support of Joe Biden’s 2020 campaign, per RSBN.
RSBN also reported that Trump spokeswoman and attorney Alina Habba alluded to the potential for a hung jury. She told Fox News, “I think that, honestly, if they do the right thing, and considering that we’re in New York, I think we should get a hung jury.”
