SCOTUS Reminder on Due-Process Mandate of Unanimous Juries Requires Trump’s Guilty Verdicts to Be Vacated

The constitutional flaws in Bragg’s case against Trump were clear even before the Supreme Court’s Erlinger decision.

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Former president Donald Trump arrives at New York State Supreme Court in New York City, May 30, 2024.

Justin Lane/Pool via Reuters

Author’s note: This is the second of two columns contending, based on recent decisions by the United States Supreme Court, that New York State judge Juan Merchan should set aside the guilty verdicts against former president Donald Trump, which were returned by the jury in the criminal trial that ended in early June. The trial resulted from charges brought by Manhattan district attorney Alvin Bragg. The first column is here.

This is the second of two columns on how recent Supreme Court decisions call for Judge Juan Merchan to vacate the guilty verdicts against former president Donald Trump, which a New York state jury returned in early June, based — however loosely — on an indictment Manhattan’s elected progressive Democratic district attorney, Alvin Bragg, obtained from a grand jury last year.

Andrew C. McCarthy

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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