Judge Merchan’s Jury Instruction Undermines Trump’s Defense

Grasping at straws, some pro-Trump commentators have noted that, in his instructions to the jury, Judge Juan Merchan included a nod to what has been called the “irrespective” test in federal campaign law — i.e., under the Federal Election Campaign Act (FECA). But actually, Judge Merchan’s instruction is one of the many insidious ways he is putting his thumb on the scale to get Trump convicted.

Brief background: Trump is charged with 34 counts of felony business-records falsification, which requires prosecutors to prove he cooked his books in order to conceal “another crime.” In the main, Manhattan’s elected progressive Democratic district attorney, Alvin Bragg, has alleged that this other crime comprises violations of FECA’s campaign-contribution limits and campaign-expenditure-reporting requirements. Let’s not belabor the record with the inconvenience that Bragg, a state prosecutor, has no jurisdiction to enforce federal campaign law.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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Grasping at straws, some pro-Trump commentators have noted that, in his instructions to the jury, Judge Juan Merchan included a nod to what has been called the “irrespective” test in federal campaign law — i.e., under the Federal Election Campaign Act (FECA). But actually, Judge Merchan’s instruction is one of the many insidious ways he is putting his thumb on the scale to get Trump convicted.

Brief background: Trump is charged with 34 counts of felony business-records falsification, which requires prosecutors to prove he cooked his books in order to conceal “another crime.” In the main, Manhattan’s elected progressive Democratic district attorney, Alvin Bragg, has alleged that this other crime comprises violations of FECA’s campaign-contribution limits and campaign-expenditure-reporting requirements. Let’s not belabor the record with the inconvenience that Bragg, a state prosecutor, has no jurisdiction to enforce federal campaign law.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.