With summations about to commence this morning, we still don’t know what will be in the final legal instructions (the “jury charge”) that Judge Juan Merchan issues prior to deliberations. Nevertheless, on X/Twitter, the eagle-eyed Washington Post columnist Jason Willick notices something potentially critical in the parties’ debate over the jury charge. It deals with the central issue of fraud, and it is fleshed out in a “red-line” draft exercise Merchan directed, in which the parties sought to narrow disputes by providing the court with a draft that indicated what proposed instructions they agreed and disagreed on.
There, the following is offered to define the central concept of intent to defraud. Unless I am missing something, I don’t see any indication of an objection by the defense to this language:
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