Vance on Jury Instructions in Trump N.Y. Trial: It Makes Me a ‘Little Bit Uncomfortable’

22 days ago
26

RUSH TRANSCRIPT:
Reid: “I just want to let each of you, and I’ll do ladies first, tell me what you expect to see happen in the summation and you could try to anticipate for us what you think those jury instructions might look like?”
Vance: “Yeah, so two really important questions, Joy. You know, it is a little bit frustrating being a lawyer in a trial because, in opening statements, all you can do is predict to the jury what you think the evidence will be. You can’t make any arguments about what it means. You can’t do that when you’re asking witnesses questions. But closing argument, that is the time you get to let loose and share with the jury your views of what the evidence means when you stack it all up together. It doesn’t always come in sequential order, sometimes we have these witnesses that we have to use to authenticate evidence or custodians of records. This is the opportunity to explain to the jury, here is how all of the evidence adds up to guilt beyond a reasonable doubt. And these are extraordinarily good prosecutors. They have done a fine job, it is a tough case. I think we’ll hear them arm the jurors with good arguments that they can take into the room so that while they are deliberating if there are some among the jury who are less persuaded, they’ll have the evidence in the order that they need it to have that conversation with their fellow jurors. And the jury instructions play a big role in that. Because they are the law that the jurors are to apply. You know, there is this kerfuffle about whether or not Trump could put on an expert witness about election law and the judge said no, that is my job, I get to tell the jury what the law is. That is what he’ll do when he instructs them. I don’t know if Andrew has the same reaction. It makes me just a little bit uncomfortable, I’m used to having those instructions written in stone before I can argue so I can tell the jury here is what the judge will tell you about the law and my understanding is that may happen a little bit differently here. But ultimately the judge is the authority who tells the jurors what law to use.”

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