The ‘Other Crime’ in the Trump Trial: Conflating Ends and Means

Judge Juan Merchan committed reversible error in instructing the jury on the confusing New York statute at the heart of the case.

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Republican presidential candidate and former president Donald Trump attends a press conference, the day after a guilty verdict in his criminal trial, at Trump Tower in New York City, May 31, 2024.

Brendan McDermid/Reuters

Former president Trump was convicted last week on 34 charges of the same crime — falsifying business records with an intent to defraud that included an intent to conceal another crime, under §175.10 of New York State’s penal law.

One of the arguments made in defense of the jury’s verdict — which was consistent with Judge Juan Merchan’s flawed legal instructions — is that critics are wrong in contending that (a) there is doubt about what the “other crime” was, and (b) Merchan told the jury they did not need to be unanimous on what the other crime was.

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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