First day of jury deliberations in Trump New York hush money trial

Defense attorney Todd Blanche whispered and smiled at Donald Trump after they got the note.

Trump also leaned over and chatted with his attorney Emil Bove.

Shortly after the jury sounded the buzzer for a second time, a court officer handed another sheet to each side.

“We did just receive another note,” Judge Juan Merchan says.

“We the jury request to rehear the judge’s instructions,” the note reads.

As the jury deliberates, it has to decide whether it will convict or acquit Donald Trump on each of the 34 different counts he is facing. The jury must be unanimous in its decision.

This means there are multiple possible outcomes. CNN anchor and legal expert Laura Coates breaks it down:

The jury’s request to hear testimony again around a meeting at Trump Tower is a natural place to start deliberations, CNN legal analysts say.

Prosecutors say David Pecker, Donald Trump and Michael Cohen were all present at a 2015 meeting at Trump Tower. It’s the moment when Pecker allegedly agreed to be the “eyes and ears” for Trump’s campaign and flag any negative stories to Cohen.

“So it’s a perfectly natural, logical place for the jury to start,” he added.

The jury has been deliberating for more than four hours. They got the case Wednesday morning.

CNN legal analyst Elliot Williams said these requests likely suggest the jury is trying to understand Trump’s intent. They are trying to figure out what Pecker, Trump and Cohen talked about and if Trump knew he was directing or participating in a scheme, Williams said.

The defense previously argued that the hush money payment to Stormy Daniels was carried out by Cohen alone, while the prosecution has been trying to show Trump knew what was happening the whole time.

Trump attorney Todd Blanche has been standing behind the defense table flipping through printed pages of a transcript.

Trump’s been seated at the defense table, too. He’s talking talking with his attorney Emil Bove now. Alina Habba is leaning over the rail speaking closely with Susan Necheles.

At the prosecution table, prosecutor Joshua Steinglass is also flipping through a thick transcript stack, marking up pages with a pen.

The jury has requested parts of the testimony be read again, and we’re waiting for that to begin.

The jury is asking for parts of witness testimony to be read out in the courtroom, less than four hours into their deliberations.

The request from jurors includes part of David Pecker’s testimony and some testimony of Michael Cohen. The judge said the jury and the alternates will be brought back into the courtroom soon where he will read those parts of the transcript.

CNN chief legal affairs correspondent Paula Reid says this is not surprising. The jurors do not have transcripts of what was said on the stand, but they were allowed to take notes.

The jury has now had the case in its hands for four hours.

The panel of 12 New Yorkers will determine whether Trump is guilty of 34 felony charges of falsifying business records related to a hush money payment to an adult film star before the 2016 presidential election.

Jurors have requested to hear testimony again.

All 12 jurors have to be present to deliberate and they must be unanimous in their verdict.

Judge Juan Merchan says he will bring the jury plus the alternates in to hear the requested testimony again.

The parties are now preparing, and Merchan says he’ll be in the robing room until the parties are ready to begin. He’s off the bench.

“The note contains four requests,” Judge Juan Merchan says.

According to the judge, the jury wants:

“We received a note,” Judge Juan Merchan says after parties have gathered in the courtroom.

The jurors have been deliberating for just about 3.5 hours so far. This is their first note.

Donald Trump is entering the courtroom.

He just pulled down hard on the collar of his suit jacket as he walked in.

His attorney Todd Blanche is whispering to him.

Prosecutors are now entering the courtroom.

A buzzer sounds in the courtroom and we’re waiting for the attorneys and the judge.

The courtroom is filled with reporters but no one else yet.

Through witness testimony and exhibits, prosecutors tried to prove during the trial that Donald Trump falsified business records to cover up hush money payments made to prevent adult film star Stormy Daniels’ claim of an affair with Trump from becoming public before the 2016 presidential election.

During closing arguments, the defense sought to poke holes in Michael Cohen’s testimony and maintained that the former president is innocent.

Now the decision of whether to convict Trump is in the hands of 12 jurors.

Here’s a timeline CNN compiled of key events at the center of the hush money case that prosecutors walked the jury through during the trial:

See a full timeline on the case.

The six alternate jurors will not participate in deliberations, but they will have to remain in the courthouse.

After the panel of 12 jurors left, Judge Juan Merchan thanked the alternates for their diligence before telling them they were not excused.

“We’re not going to excuse you just yet. Please remain with us because there might be a need for you at some point during deliberations,” Merchan said.

“You’ve been with us for a long time, and you’ve been incredibly diligent, incredibly hard-working,” Merchan told the alternates.

Some background: New York criminal procedure law outlines several cases in which an alternate would replace a juror, and that juror would be dismissed, during a trial or deliberations.

Some of those reasons include if a juror gets sick “or other incapacity,” the juror is not available to serve on the jury anymore or a juror does not show up to court, among others.

The jury has been deliberating for three hours so far.

The panel of 12 New Yorkers will determine whether Trump is guilty of 34 felony charges of falsifying business records related to a hush money payment to an adult film star before the 2016 presidential election.

Jurors continued deliberations during their lunch break.

All 12 jurors have to be present to deliberate and they must be unanimous in their verdict.

This sketch from court shows Michael Cohen, right, in court on Tuesday, May 14, in New York.

Twenty two witnesses testified in Donald Trump’s criminal hush money trial. Prosecutors called 20 witnesses over 19 days in court, totaling over 50 hours of testimony.

Defense attorneys called two witnesses over two days, with around two hours of testimony.

Trump’s ex-attorney and fixer Michael Cohen, adult film actress Stormy Daniels and former White House aide Hope Hicks were among the high-profile witnesses.

Here’s who the jury heard from throughout the trial:

CNN’s Kara Scannell, Lauren Del Valle, Jeremy Herb and Celina Tebor contributed reporting to this post.

30th April 1973: White House reporters watch President Richard Nixon on TV as he told the nation of White House involvement in the Watergate scandal, Washington, DC, on April 30, 1973.

CNN’s Jake Tapper spoke with Princeton University historian Sean Wilentz about whether there are historical points of reference for the current trial. 

“Anybody old enough to remember Watergate ought to be seeing its echoes in this current trial,” Wilentz said.

Tapper pointed out Watergate had to do with a break-in of the Democratic National Committee headquarters, whereas this case is about the falsifying of business records to cover up an alleged affair — two very different kinds of scandal. 

Tapper also asked Wilentz how he views the fact that this New York case may be the only one of four criminal cases targeting former President Donald Trump to go to trial before Election Day. Allegations against the prosecutor have delayed the Georgia election interference case. The US Supreme Court has slowed the federal election interference case as it considers whether Trump should potentially enjoy some kind of super immunity from prosecution. The judge in the federal classified documents case has proceeded at an excessively slow pace.

It’s the systemic roadblocks to prosecuting a former president that may end up being the larger takeaway from this period, Wilentz said.

The judge has sent the jury off to deliberate in Donald Trump’s historic criminal hush money trial.

Jurors surrendered their phones, and can only discuss the case when all 12 of them are together.

Here’s what happens during jury deliberations:

The foreperson will deliver the verdict for each count after deliberations are over. The jury must be unanimous in its decision.

As former President Donald Trump’s team waits for a verdict, there is a general belief among his allies and advisers that every minute the jury continues to deliberate is better for Trump. 

The view from Trump’s orbit is pure speculation — there is no way to decipher how the length of time the jury takes to deliberate will ultimately impact the verdict. But it does show how intently Trump’s allies are looking for signs for what the outcome will eventually be. 

Trump’s advisers ultimately believe — and are making the argument — that the decision made by jurors will end up being a political one. They have been circulating the 2020 election results for New York County, showing the voter data breakdown, which would indicate that out of 12 Manhattan residents, at least one could be a Trump voter.

And based on their observations in the court room, there are one or two jurors in particular that Trump’s team hopes could deliver them a mistrial, one source familiar with the internal conversations tell CNN. Pro-Trump observers in the courtroom have relayed to members of Trump’s team and that they noticed certain jurors who signaled positivity to the guests.        

While Trump’s allies were pleased with this information, they insist that they are not relying on half smiles and nods. “We are very aware that people may just be being polite. It might not have anything to do with the case,” the source said.

CNN’s court reporters have observed an overall engaged jury who have appeared to take their civic responsibility seriously.

Donald Trump is accused by the Manhattan District Attorney’s office of 34 state felony criminal charges of falsifying business records, specifically pertaining to 11 invoices, 12 vouchers, and 11 checks.

Prosecutors allege the payments were not a retainer for legal services, as they were recorded, but were reimbursements for paying off adult film star Stormy Daniels in exchange for her silence and the life rights to her story in the lead-up to the 2016 presidential election. While on the stand, Trump’s former attorney and fixer Michael Cohen implicated Trump in the hush money scheme, saying he doled out $130,000 with Trump’s approval and was promised reimbursement. 

Paying hush money is not a crime. What prosecutors alleged is that Trump intentionally falsified documents to conceal his repayment to Cohen under the guise of a retainer for legal services to hide damaging information from voters during the 2016 presidential election. 

According to the statute, for Trump to be guilty of a felony charge of falsifying business records, jurors must find Trump not only “cause(d) a false entry in the business records of an enterprise” while acting “with intent to defraud,” but also that the “intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.” 

Prosecutors allege the underlying crime was trying to illegally influence the 2016 presidential election.

The jury has been deliberating for nearly 90 minutes so far.

The panel of 12 New Yorkers will determine whether Trump is guilty of 34 felony charges of falsifying business records related to a hush money payment to an adult film star before the 2016 presidential election.

Jurors said they will deliberate during their lunch break.

The panel can work through lunch and food is provided for them so they don’t have to leave.

All 12 jurors have to be present to deliberate and they must be unanimous in its decision.

Former President Donald Trump made a series of false claims in comments to reporters on Wednesday after the jury began its deliberations in his Manhattan criminal trial over the alleged falsification of business records.

Here is a quick fact-check of some of his statements:

No cameras are allowed inside the Manhattan courtroom where Donald Trump’s hush money trial is underway, but sketch artists captured the scene as Judge Juan Merchan read jury instructions.

Judge Juan Merchan delivers his instructions to jurors in former President Donald Trump’s hush money trial on Wednesday.

Donald Trump is seen in this court sketch from Wednesday.

Judge Merchan is seen in this court sketch from Wednesday.

Trump and his attorney Todd Blanche listen to Merchan delivered his instructions to jurors.

A jury of 12 — seven men and five women — will determine whether Donald J Trump is guilty of 34 felony criminal charges of falsifying business records in connection with allegedly concealing reimbursements to his then-lawyer Michael Cohen for a purported hush money scheme to silence adult film star Stormy Daniels about an affair shortly before the 2016 presidential election.

Trump vehemently denies the relationship with Daniels and has pleaded not guilty to all charges.  A felony conviction of a former president, and current GOP front runner would be unprecedented. 

Former President Donald Trump speaks to the press after the 12 jurors in his criminal trial began deliberating at Manhattan Criminal Court in New York City on May 28.

Former President Donald Trump addressed reporters outside the Manhattan courtroom and called his criminal hush money trial “rigged.”

Trump also slammed Judge Juan Merchan and called him conflicted and corrupt.

Trump also called the trial a “very disgraceful situation” and complained that he has not been able to campaign during the trial and that he’s unable to talk about the ordeal because of the gag order issued by Merchan. “But it’ll be talked about in the history books,” Trump added.

As the jury began deliberations, Donald Trump stood up and smiled and then began speaking with his attorney Alina Habba and his son, Donald Trump Jr.

Trump then looked around on his way out of the courtroom and seemed to give a couple of small smiles to some reporters.

Remember: Trump is required to stay inside the Manhattan courthouse while the jury deliberates.

Judge Juan Merchan is off the bench as the jury deliberates.

“I’m going to be in the robing room for a little while just in case we get a quick note. Then I’ll probably go upstairs,” Merchan said before he left the bench. “I do direct all of you to be please here. You cannot leave the building.”

Jury deliberations in the historic criminal hush money trial against former President Donald Trump have begun.

The panel of seven men and five women will consider 34 counts of falsifying business records against Trump which are all connected to the cover up of hush money payments to adult film star Stormy Daniels.

Prosecutors spent weeks trying to prove Trump knowingly paid his former fixer Michael Cohen monthly installments of $35,000 to repay him for fronting $130,000 to keep Daniels from going public with allegations of an affair with Trump shortly before election day in 2016.

The 34 counts represent 11 invoices, 12 vouchers, and 11 checks that make up those payments to Cohen, which also included bonus money, repayment to a tech company, and additional money to offset taxes.

Trump denies knowing anything about the reimbursements to Cohen and denies the alleged sexual encounter with Stormy Daniels.

Trump and the attorneys are expected to remain in the courthouse while the jury deliberates in case the panel sends a note that needs to be addressed.

Judge Juan Merchan delivered his instructions to jurors before they began deliberations in former President Donald Trump’s hush money trial.

Here’s what Merchan told the jury:

Merchan explained some key laws in the case:

On the law applicable to falsifying business records, Merchan told the jury:

“You must find beyond a reasonable doubt first that he solicited requested, commanded, importuned or intentionally aided that person to engage in that conduct and second that he did so with the state of mind required with the commission of the offense.”

He also explained what makes a person guilty of falsifying business records in the first degree – explaining that they must have the intent to defraud – including the intent to commit another crime or conceal the commission of one.

On what constitutes a violation of the Federal Election Campaign Act: It is unlawful for an individual to willfully make a contribution to any candidate running for office, including the presidency, exceeding certain limits which in the relevant years was $2,700, Merchan tells the jury.

He also walked the jury through what they must find in the different counts levelled against Trump. Merchan explained what tax law violations were and said it was unlawful for a person to willfully produce a tax statement or document that’s false.

Read the full jury instructions here.

The jurors are now leaving the courtroom to deliberate. The alternates are staying behind.

Judge Juan Merchan thanks the alternates for their diligence. Merchan says he can honestly say all the jurors were engaged. He speaks to one juror and says he saw that juror went through several notebooks.

“We’re not going to excuse you just yet. Please remain with us because there might be a need for you at some point during deliberations,” he tells the alternates.

“You’ve been with us for a long time, and you’ve been incredibly diligent, incredibly hard working,” Merchan says to the alternates.

Judge Juan Merchan tells the jury there will be a laptop that contains all of the evidence. He says jurors will have free access to the evidence laptop so they won’t have to ask for a specific piece every time they want to look at something

Merchan asks for volunteers to be taught how to use the laptop.

Two jurors — a software engineer and security engineer — volunteer to deal with the technology.

Judge Juan Merchan told the jury there is one clarification, which is the foreperson should not sign the note with his actual name.

Merchan asks the attorneys to approach his bench again.

Judge Juan Merchan has concluded his jury instructions.

He asked lawyers to come to the bench.

“That concludes my instructions on the law, counsel please approach,” Merchan said.

Donald Trump passed his notepad to his attorney Susan Necheles while attorneys Todd Blanche and Emil Bove are at the bench.

Judge Juan Merchan says the jury will work until 4:30 p.m. ET today.

“We will figure out the other days going forward,” the judge says.

He says if they stay late going forward, it’s unlikely they’d work later than 6 p.m. ET.

Judge Juan Merchan tells jurors that they may only discuss the case when all 12 jurors are all together.

Judge Juan Merchan says the jurors will be asked to give their cell phones and any other electronic devices to a court officer while they’re engaged in deliberations.

Donald Trump passed another note to his attorney Todd Blanche. Blanche wrote a response, and Trump held the paper up close to his face to read it before placing it back on the table.

Meanwhile, Judge Juan Merchan is describing the process of how the verdict will play out to the jurors.

Judge Juan Merchan describes to the jury the process of how the verdict in the criminal trial will play out.

He said the foreperson will be asked if the jury has reached a verdict and then will read out the verdict for each count.

The entire jury will be asked if they agree and at the request of the defense and prosecution, he said, the jurors will be polled individually if they agree with the verdict.

Judge Juan Merchan tells the jury that under the law, the first juror that was selected will serve as the foreperson.

Several jurors turned to look at the man seated in the first seat.

Here’s what we know about the 12-person jury.

Judge Juan Merchan is now telling jurors that any notes they took are for their own personal recollection, and cannot be used by any other jurors or be used in place of evidence or testimony.

Judge Juan Merchan is now on to instructions as to how the jury should deliberate.

“When you deliberate, you should to do with a view toward reaching an agreement, if that can be done without surrendering individual judgement,” he tells the jurors.

Judge Juan Merchan tells the jury that on each count their verdict must be unanimous.

“That is, each and every juror must agree to it,” Merchan says.

Judge Juan Merchan is now explaining motive to jurors, and going through the difference between motive and intent.

Meanwhile, Trump is passing a note back and forth with his attorney Todd Blanche.

Judge Juan Merchan is now reading the entire law of falsifying business records in the first degree as its written in state law.

This includes the definitions for the relevant terms he listed earlier.

Meanwhile, Trump is slouched way back in his chair with his chin resting on his chest.

Former President Donald Trump leaned over to briefly speak with his attorney Emil Bove as Judge Juan Merchan read through the 34 felony charges.

Judge Juan Merchan is now moving through the 34 felony charges of falsifying business records against Donald Trump and is explaining which business record pertains to each count.

Judge Juan Merchan explains the tax law violations and says it’s unlawful for a person to willfully produce a tax statement or other document that’s materially false.

Such conduct is unlawful even if it does not result in underpayment of taxes, he notes.

Regarding the unlawful means of falsification of other business records, Merchan says the jury can consider records admitted at trial, including bank records associated with Michael Cohen’s entities Resolution Consultants LLC and Essential Consultants LLC.

They can also consider Cohen’s wire to Keith Davidson, the invoice from AMI’s third party consultant to Resolution Consultants LLC and the 1099 miscellaneous forms that the Trump Organization issued to Cohen.

Judge Juan Merchan describes what the jury must find in count one of the charges against Donald Trump.

The judge said the people must prove each of the following two things:

On or about February 14, 2017, the defendant personally or by acting in concert with another person or persons “made or caused the false entries” in the books of a business enterprise. It is specific to the invoice of Michael Cohen, “Marked as record of Donald J. Trump revocable trust and kept or maintained by Trump Organization.”

And that ” the defendant did so with the intent to defraud” which Merchan said includes the intent to commit another crime or to aide or conceal the commission of another crime.

Merchan told the jury they must find the defendant guilty if they believe prosecutors proved both elements of the charge, and not guilty if there’s reasonable doubt about one or both of the elements of the charge.

Judge Juan Merchan tells the jury it is unlawful for an individual to willfully make a contribution to any candidate running for office, including the presidency, exceeding certain limits which in the relevant years was $2,700.

Merchan says that if a payment would have been made even in the absence of a candidacy, then the payment should not be treated as a contribution.

He also outlines how things like editorials and other media activity are not considered a political contribution, “so long as such activity is a normal, legitimate press function.”

The example given for a legitimate press function is “seeking new subscribers to a publication.”

Judge Juan Merchan explains that the jury must determine whether the Trump conspired to promote a person to or prevent a person from public office by unlawful means.

They must be unanimous on that fact but not on the unlawful means.

Merchan explains the prosecution has three theories of those unlawful means:

Judge Juan Merchan is explaining that intent to defraud means conscious objective or purpose.

He says a question naturally arises with how to determine intent.

Merchan is defining several terms relevant to the falsifying business records charge. Intent to defraud “is when his or her conscious objective or purpose is to do so.” Intent does not require premeditation, he says.

A general intent to defraud any person or entity is suffice and it can extend beyond economic concerns.

Judge Juan Merchan is continuing to outline the specific charges the jury will consider against Donald Trump.

Remember: Trump is accused by the Manhattan District Attorney’s office of 34 state felony criminal charges of falsifying business records, specifically pertaining to 11 invoices, 12 vouchers and 11 checks. 

The charges all center around these checks, invoices and vouchers that recorded payments to Trump’s then-lawyer and fixer Michael Cohen. Prosecutors allege the payments were not a retainer for legal services, as they were recorded, but were reimbursements for paying off adult entertainer Stormy Daniels in exchange for her silence and the life rights to her story before to the 2016 presidential election. 

In order to find the defendant guilty, Judge Juan Merchan says the jury must be unanimous.

Merchan added that jurors do not need to be unanimous on “whether the defendant committed the crime personally, or acted in concert with another, or both.”

As Judge Juan Merchan goes through the jury instructions, some jurors appear to be looking down taking notes.

Judge Juan Merchan tells the jury, “I will now instruct you on the law applicable to the charged offense. That offense is falsifying business records in the first degree, 34 counts.”

“The extent or degree of defendants participation in the crime does not matter,” the judge adds.

Donald Trump is leaning back in his chair with his hands clasped as Judge Juan Merchan reads the section about Michael Cohen’s testimony.

Judge Juan Merchan says the jury cannot convict Trump on the testimony of Michael Cohen alone because he is an accomplice, but they can use it if they corroborate it with other evidence.

“Under our law Michael Cohen is an accomplice,” Merchan says.

“Even if you find the testimony of Michael Cohen to be believable, you may not convict the defendant solely upon that testimony unless you also find it’s corroborated by other evidence,” he says.

Judge Juan Merchan tells the jury that if they find a crime was committed, they must find that Donald Trump committed the crime.

“You cannot convict the defendant of that crime unless you’re also convinced beyond a reasonable doubt that he also committed that crime,” the judge says.

Judge Juan Merchan continues to give the jury instructions and is now speaking to witness credibility.

He tells the jury they can consider whether a witness hopes or expects to receive a benefit related to the trial or if they have an interest in the outcome of the case.

“You are not required to reject the testimony of an interested witness or to accept the testimony of a witness who has no interest in the outcome of a case,” Merchan says.

As Donald Trump’s criminal hush money trial draws to a close, the scene outside the courthouse is picking up with the most press on site since day one, according to CNN’s team on the ground.

Every spot in the press pens seems to be occupied, with some of the less frequent attendees present on Wednesday.  

As of 10:20 a.m. ET there are a couple of dozen protesters in the park, some waving Trump flags, and dozens of people who appear to be just watching what is going on. 

There is also more police presence than most days in the past. They are positioned both on the streets and on the park.  

The street parking in front of the courthouse is blocked off today with bike racks, which has not happened previously during this trial.

Judge Juan Merchan tells the jurors that if they “find any witness has intentionally testified falsely to any fact,” they can disregard that witness’s testimony — either entirely or just the portions they found to be false.

Judge Juan Merchan tells the jurors that they are the “judges of the facts” and they alone determine the truthfulness and accuracy of witness testimony.

Judge Juan Merchan is continuing to instruct the jurors. “Whatever your verdict may be, it must not rest on speculation,” he says.

Merchan tells the jurors their decision should be guided “solely on a full and fair evaluation of the evidence.”

“If you are not convinced beyond a reasonable doubt of the charged crime, you must find the defendant not guilty,” he says, noting the converse is also true.

Judge Juan Merchan is now defining reasonable doubt.

“There are very few things that we know with absolute certainty,” he says.

“It is not sufficient to prove that the defendant is probably guilty,” Merchan adds.

“The people must prove beyond a reasonable doubt every element of the crime, including the defendant is the person who committed that crime. The burden of proof never shifts from the people to the defendant,” the judge tells the jury.

Judge Juan Merchan tells the jury that they can’t hold it against Trump for not testifying.

“The defendant is not required to prove that he is not guilty. In fact, the defendant is not required to prove or disprove anything,” he says.

“If people satisfy their burden of proof you must find the defendant guilty,” Merchan adds.

“We now turn to the fundamental principles of our law that apply to all criminal trials,” Judge Juan Merchan says.

A noise came out of a cell phone interrupting the jury instruction. Judge Juan Merchan paused, however, he didn’t ‘say anything, and continued giving the instructions to the jury.

Merchan shot a stern look in the direction of the noise in the courtroom.

Judge Juan Merchan reminds the jurors that he gave them limiting instructions at several points, which he says was provided for them to hear on a limited purpose.

He’s now walking through the limiting instructions he gave, such as American Media Inc.’s non-prosecution agreement being limited to assess David Pecker’s credibility and not evidence of the defendant’s guilt or innocence.

Merchan is repeating some of the limiting instructions he has given throughout the trial. He tells the jury that the non-prosecution agreement and settlement with the Federal Election Commission with AMI was “to assist you, the jury, in assessing Pecker’s credibility and help provide content for some of the surrounding events.” He says they can use it “only” for that purpose.

Another limiting instruction was given surrounding Michael Cohen’s guilty plea to campaign finance violations, which Merchan says can be used to assess Cohen’s credibility and give context to the events that followed, but not in determining the defendant’s guilt.

The jury’s eyes are locked on Judge Juan Merchan as he is facing them and reading the instruction.

Judge Juan Merchan tells jurors they “may not speculate about matters related to sentence or punishment.” He tells the jury that is up to the judge.

Merchan gave the jurors a similar curative instruction yesterday after admonishing Trump attorney Todd Blanche for a comment in his closing argument about sending Trump to prison. Merchan said he felt it was necessary in addition to the standard jury charge.

Donald Trump is sitting back as Judge Juan Merchan reads his instructions to the jury, mostly looking forward, though he turned his head toward the judge at one point.

Judge Juan Merchan reminds jurors they must not make a decision based on biases or stereotypes.

“You must set aide any personal opinions you have in favor or against the defendant.”

As Judge Juan Merchan begins reading the jury instructions, he tells the jurors they are responsible for judging the case on the facts.

“In fact, nothing I have said in the course of this trial was meant to suggest I have an opinion about this case,” Merchan says.

“If you have formed an impression I do have an opinion, you must put it out of your mind at this time.”

Judge Juan Merchan tells the jury the reading of the instructions will take about an hour.

He says the jurors will not receive copies of the jury instructions, but they may request that Merchan read them back to them either in whole or in part.

Judge Juan Merchan is giving the 12-person jury instructions on the law, their duties and the charges they must consider against Donald Trump before the panel of New Yorkers deliberates on a verdict.

Merchan previously said his instructions to the jury will take about an hour. 

Prosecutors accuse the ex-president of “a conspiracy and a cover-up” and of betraying 2016 voters by illegally falsifying financial records to hide a hush money payment to adult film star Stormy Daniels before the election.

Trump denies having an affair with Daniels and has pleaded not guilty in this first of four looming criminal cases — which may be the only one to go to trial before November’s election. In order to convict Trump, jurors must first decide that he falsified financial documents and did so with the express purpose of committing another crime.

What happens next: After the jury receives its instructions, the panel will then consider the evidence presented at the trial and charges against the defendant. The jury must be unanimous in its decision.

The jury will receive a copy of all the evidence admitted at trial and can ask to hear witness testimony read back to them. They can communicate with the court and ask questions about the case with the court through handwritten notes. When the jury poses a question, the parties gather to determine how best to respond.

The jury will notify the court that they’ve reached a verdict.

Judge Juan Merchan says the parties were presented with the verdict sheet and Trump attorney Emil Bove and prosecutor Joshua Steinglass both initialed it.

He then asked for the jury to be brought in.

Judge Juan Merchan is on the bench, and court is in session.  

Before the jury begins deliberating the hush money charges against Donald Trump brought by Manhattan prosecutors, Judge Juan Merchan will instruct jurors about what they can and cannot consider when weighing the former president’s potential guilt. 

How exactly the instructions are formulated is a closely scrutinized part of a trial and sometimes a point of contention before the two sides. Jury instructions can also be a grounds for an appeal if the defendant is convicted.

The instructions are aimed at helping a jury understand the specific laws that they are considering in the case, while defining in layman’s terms certain legal terms that are relevant to their deliberations.

They are written by the judge, and there is model language that judges can consider in crafting the instructions. But sometimes judges will ask for both parties to weigh in. In the Trump case, the lawyers were given the jury instructions last Thursday, but they will not be released publicly until Merchan reads them in the courtroom on Tuesday.

Former President Donald Trump smiles ahead of proceedings in his criminal trial at Manhattan Criminal Court in New York City, on May 29.

Former President Donald Trump is in the Manhattan courtroom ahead of jury deliberations in his historic criminal hush money trial.

He opted to not address reporters before entering the courtroom.

Donald Trump Jr. is seated next to Trump attorney Alina Habba in the first row behind the former president.

The courtroom has been informed that once the judge begins the jury charge, no one can enter or leave the room. 

Prosecutors have entered the courtroom ahead of the start of jury deliberations today.

Donald Trump’s motorcade has arrived at the courthouse where a jury is expected to soon begin deliberating in his historic criminal trial.

Trump and the attorneys are expected to remain in the courthouse while the jury deliberates in case the jurors send a note that needs to be addressed. They have a war room of sorts and are expected to be in there, rather than sitting in the courtroom. 

Before deliberations begin today, the jury will receive instructions. That should take about an hour.

Former President Donald Trump is seen during a break in his criminal trial for allegedly covering up hush money payments at Manhattan Criminal Court in New York City, on May 28.

After closing arguments Tuesday in his Manhattan criminal trial, former President Donald Trump posted on social media to repeat his misleading complaint that Judge Juan Merchan has prevented him from employing a certain defense. 

Trump wrote on his platform Truth Social: “THE GREATEST CASE I’VE EVER SEEN FOR RELIANCE ON COUNSEL, AND JUDGE MERCHAN WILL NOT, FOR WHATEVER REASON, LET ME USE THAT AS A DEFENSE IN THIS RIGGED TRIAL. ANOTHER TERM, ADVICE OF COUNSEL DEFENSE!” 

Facts First: Trump’s claim remains misleading. He didn’t mention, again, that the reason Merchan will not allow Trump’s legal team to invoke “advice of counsel” during the trial is that, when Trump was asked before the trial whether he would be using an “advice of counsel” defense, his lawyers told Merchan he would not.

An “advice of counsel” defense typically requires the defendant to waive attorney-client privilege. Trump’s lawyers told Merchan before the trial that instead of a “formal” defense of “advice of counsel,” Trump wanted to use a different defense in which he would not waive attorney-client privilege but would still “elicit evidence concerning the presence, involvement and advice of lawyers in relevant events giving rise to the charges in the Indictment.”

Merchan rejected this proposal. He wrote in March: “To allow said defense in this matter would effectively permit Defendant to invoke the very defense he has declared he will not rely upon, without the concomitant obligations that come with it. The result would undoubtedly be to confuse and mislead the jury. This Court can not endorse such a tactic.” Therefore, Merchan ruled, Trump could not invoke or even suggest a “presence of counsel” defense in the trial.

Last week, during courtroom discussions about Merchan’s instructions to the jury, Merchan rejected an attempt by Trump’s defense to invoke the “involvement of counsel.” Merchan notedhe had already made his stance on the proposal clear.

Merchan said: “This is an argument that you’ve been advancing for many, many, many, months. This is something you’ve been trying to get through to the jury for many, many, many months. It’s denied, it’s not going to happen, please don’t raise it again.”

Former President Donald Trump departed Trump Tower moments ago ahead of jury instructions and deliberations in the historic criminal hush money trial in New York.

After about an hour of customary jury instructions to be delivered by the judge, the panel of 12 New Yorkers will have the case.

Trump and the attorneys are expected to remain in the courthouse while the jury deliberates in case the panel sends a note that needs to be addressed. They have a war room of sorts and are expected to be in there, rather than sitting in the courtroom. 

CNN’s Kristina Sgueglia contributed reporting to this post.

h defense and prosecution gave their closing arguments Tuesday in Donald Trump’s New York hush money trial, spending many hours late into the evening offering the jury opposing stories about the payment made to Stormy Daniels in October 2016 and the subsequent reimbursement to Michael Cohen the following year.

Prosecutors told jurors they’ve seen a “mountain of evidence” to prove that Trump falsified business records in order to cover up a damaging story about an alleged affair at the end of the 2016 election. The defense said the prosecution’s criminal case against the former president is wholly reliant on the testimony of Michael Cohen – the “MVP of liars” who is out to get Trump. Which narrative the jury believes could ultimately decide Trump’s legal fate.

Here are takeaways from Day 21 of the Trump hush money trial:

Defense argues jurors cannot convict on Michael Cohen’s words: Todd Blanche was up first, and he spent much of his two-hour closing argument attacking the credibility of Cohen, Trump’s former fixer.

Prosecution defends Cohen but argues there’s more to the case: Over four hours and 41 minutes, Assistant District Attorney Joshua Steinglass pushed back against Blanche’s attacks, arguing there was plenty of corroboration of Cohen’s testimony, both from documents and the testimony of others, particularly former AMI chief David Pecker.

What’s next: Now that closing arguments are done, the panel of seven men and five women is expected to begin deliberations today.

NYPD officers stand guard as they wait for the arrival of former President Donald Trump near Manhattan Criminal Court on May 28, in New York City. 

There are no immediate plans to increase security around the Manhattan courthouse amid Trump’s historic criminal hush money trial, law enforcement officials tell CNN.

However, when the New York Police Department (NYPD) learns that a verdict is in, the department will likely move more personnel into the area.

The NYPD does expect to get some heads up from the court before the verdict is read, though exactly how much is unclear. 

In the meantime, NYPD is monitoring social media, looking for any calls for rallies, demonstrations or threats. They can mobilize quickly should the need arise, according to officials.

Jurors returned on Tuesday for a long day of closing arguments. Today, the jury gets its instructions, after which Donald Trump’s fate will be in its hands.

Here’s a look at the next steps in the trial:

Jury instruction or jury charge: The judge instructs the jury as to the charges they must consider against the defendant and the laws governing their deliberations.

Jury deliberation: The panel of 12 jurors considers the evidence presented at trial and charges against the defendant. The jury must be unanimous in its decision. The jury can communicate with the court and ask questions about the case with the court through handwritten notes. Alternate jurors may be dismissed at the start of deliberations or remain under oath and sequestered in case they are needed to replace a juror on the main panel.

Verdict: The jurors will notify the court that they’ve reached a verdict. The verdict will then be read in court and jurors will be polled to confirm the verdict reflects their vote.

Sentencing: If the jury reaches a guilty verdict, the judge sentences the defendant, typically after a sentencing hearing at a later date.

Former President Donald Trump appears in court with his lawyers Todd Blanche, Emil Bove and Susan Necheles for his hush money trial at Manhattan Criminal Court on May 28 in New York City. 

As the jury is set to begin deliberating today, former President Donald Trump and his team are preparing for a possible conviction in his criminal New York hush money case. While there remains hope for a hung jury, legal advisers have privately warned Trump and his team to prepare for a possible conviction in the case.

Privately, Trump has asked allies what they think the outcome will be, while complaining that the trial is rigged against him. The former president has speculated that he will be convicted, citing the judge’s jury instructions as well as the fact the jury is comprised of residents of Manhattan, given the area’s liberal lean.

Despite the potential outcome, Trump’s advisers remains largely confident that the former president, his team and high profile Republicans have done the work in laying the groundwork in their messaging that the case was political from the start and that Trump was not ever going to get a fair trial. While advisers acknowledge that this is uncharted territory, ultimately, because of this messaging, they do not believe there will be a big impact on the general election in November.

“It’s all the about the messaging—pre-trial, during the trial and then after the trial,” one source close to Trump told CNN. “(The messaging) is only enhanced if there’s a conviction.” 

Trump’s advisers said they didn’t believe that a potential conviction would dramatically impact Trump’s poll numbers and overall standing in the race. While noting that it was likely that some voters may decide they will not vote for him if he is convicted, they do not think that number of voters is sizable enough to have a real impact.

This optimistic posture from those close to Trump is starkly different from eight months ago, when advisers privately worried that a conviction in any of the cases against Trump could have the power to tank his third presidential bid. Advisers cited the former president’s consistent poll numbers despite the ongoing legal peril as well as the current state of the economy as reasons for the now-rosier outlook.

How the jury will hear its instructions before going to deliberate is very important in this case, CNN commentators and former prosecutors say.

Donald Trump is facing 34 counts of falsifying business records related to the payment to Stormy Daniels. Prosecutors needed to prove beyond a reasonable doubt that Trump falsified business records with the intent to commit or conceal another crime — but they didn’t have to prove that Trump committed that crime.

“I’ve always thought the most difficult part of this case for the prosecution to prove is that connection to any underlying crime that they have to show that Donald Trump was intending to violate by falsifying records,” said Carrie Cordero, the former counsel to the Assistant Attorney General for National Security.

The presence of an underlying crime is what makes these charges felonies, instead of misdemeanors, she said. 

Shan Wu, a former federal prosecutor, also emphasized the importance of jury instruction in this trial.

The defense and prosecution debated jury instructions during the charge conference last week, discussing the language around intent, an alleged conspiracy and more.

Both sides received the final jury instructions from Judge Juan Merchan on Thursday last week, a source familiar confirmed. These are instructions that will be read to the jury today.

Here are the key points from last week’s proceeding:

Alleged conspiracy: The parties debated language about the jury’s requirement to find the prosecutors proved that Donald Trump participated in an alleged conspiracy to undermine the 2016 election. The prosecution argued that Trump’s meeting with former National Enquirer publisher David Pecker at Trump Tower in 2015 went toward Trump’s participation in the conspiracy, while the defense called the meeting a “series of pretty standard campaign activities that were not criminal.”  

Intent: Originally, the defense proposed a second line about intent, which meant people must establish beyond a reasonable doubt two separate intents, the intent to defraud and the intent to commit or conceal the aid of another crime. Due to concerns with this section, Judge Juan Merchan opted to keep the standard, criminal jury instructions language around the issue of intent.

Here are some other topics discussed around jury instructions:

Asking for another deviation: Defense attorney Emil Bove requested another deviation from the standard criminal jury instructions language when he asked the judge to be as specific as possible when describing the statutes as they are applied in this case, noting there wasn’t much of a precedent.

“What you’re asking me to do is change the law and I’m not going to do that,” Merchan said.

Judge Juan Merchan told jurors he would give them their instructions this morning.

Merchan previously said his jury instructions would take about an hour.

Yesterday’s closing arguments: Prosecutor Joshua Steinglass addressed the jury for more than 4.5 hours on Tuesday, rehashing much of the evidence presented at trial.

He told the jury the prosecution has proved Trump had intent to commit, aid, or conceal a violation of the election law and he paid Stormy Daniels’ hush money because of the 2016 election.

Defense attorney Todd Blanche addressed the jury for just under three hours, maintaining Donald Trump is innocent and slamming Michael Cohen’s credibility.

CNN’s Laura Dolan contributed reporting to this post.

The prosecution and defense teams received the final jury instructions from Judge Juan Merchan on Thursday last week, a source familiar confirmed.

These are instructions that will be read to the jury today.

Donald Trump, who built a mystique as the brash epitome of power, has never been more powerless to dictate his own fate.

His reputation, future, and even perhaps the White House’s destiny, will on Wednesday be placed in the hands of 12 citizens of his native New York City, proving that not even once-and-possibly future commanders in chief are above the law.

Seven men and five women jurors will retire for deliberations on Trump’s six-week hush money trial after Judge Juan Merchan instructs them on the law and their duties.

No jury in American history has faced such a task — deciding whether a former president and presumptive major party nominee will be convicted of a crime.

And while the jury, which can deliberate for as long as it needs, is bound to decide its verdict on 34 felony charges on the testimony and evidence in the case alone, its decision will reverberate across the nation and the world at a critical moment of the 2024 presidential election.

Read the full analysis.

In this court sketch, attorney Todd Blanche delivers his closing arguments in the former president's criminal hush money trial.

Throughout his presentation, defense attorney Todd Blanche continued to raise the concept of reasonable doubt with the jury – even punctuating the conclusion of his closing argument with “10 reasons” why jurors should have reasonable doubt about the case.

Here’s the full list, according to Blanche:

Former President Donald Trump speaks to the media as he arrives for his hush money trial at Manhattan Criminal Court on May 28.

Ahead of the hush money trial, Judge Juan Merchan imposed a gag order on Donald Trump which blocks him from speaking out about potential witnesses and most people in or associated with the court or the New York district attorney’s office.

In that initial order — imposed in March — Merchan also said that Trump can’t make statements about attorneys, court staff or the family members of prosecutors or lawyers intended to interfere with the case. Trump is also barred from making statements about any potential or actual juror.

The ruling also prevents Trump from criticizing his former attorney, Michael Cohen, or adult film star Stormy Daniels, both witnesses in the trial.

The former president, Merchan said in his order, has a history of making “threatening, inflammatory, denigrating” statements against people at all levels of the justice system, including jurors. The order does not prevent Trump from talking about New York District Attorney Alvin Bragg, who is a public figure, or Merchan himself.

The gag order was imposed after Trump repeatedly attacked the district attorney’s case and those involved with it ahead of what would be the first criminal trial of a former president. Trump criticized Merchan, his daughter and one of Bragg’s prosecutors in the hours before Merchan issued his order in March.

Since then, Trump has been fined for violating the order 10 times and the judge warned on May 6 that “this court will have to consider a jail sanction” if the former president violates it again. Merchan fined Trump $1,000 for the violation ruling on May 6. A week prior, the judge fined Trump $9,000 for nine previous violations of the judge’s gag order. Violations of the gag order are punishable by a fine of up to $1,000, by jail time of up to 30 days, or both.

During remarks before entering the courtroom for the trial’s proceedings, Trump has repeatedly railed against the gag order and the case. He has also relied on allies to deliver attacks outside the court.

We are in the seventh week of court proceedings in Donald Trump’s historic hush money criminal trial.

To refresh your memory, here are the key moments and witnesses from the trial so far:

April 15: Trial began with jury selection.

April 19: A panel of 12 jurors and six alternates was selected.

April 22: The prosecution and defense made their opening statements. Former tabloid boss David Pecker was called to testify.

April 23: Judge Juan Merchan held a Sandoval hearing for Trump’s alleged gag order violations, but reserved his decision. Pecker continued his testimony.

April 25: While Trump sat in the Manhattan courtroom listening to Pecker’s testimony, the Supreme Court in Washington, D.C., heard arguments on the matter of his immunity in special counsel Jack Smith’s election subversion case against him.

April 26: Pecker’s direct questioning and cross-examination concluded. Trump’s former longtime assistant Rhona Graff was called to testify briefly. Michael Cohen’s former banker Gary Farro was then called to the stand.

April 30: Farro’s testimony concluded. Prosecutors then called Dr. Robert Browning, the executive director of C-SPAN archives, and Philip Thompson who works for a court reporting company. Then, Keith Davidson, the former attorney for Daniels and McDougal, took the stand. Also, Merchan fined Trump $9,000 for violating a gag order.

May 2: Davidson’s testimony concluded. Digital evidence analyst Douglas Daus was called to testify.

May 3: After Daus finished testifying, Georgia Longstreet, a paralegal at the district attorney’s office, spoke about reviewing Trump’s social media posts for this case. She was followed by Hope Hicks, once a longtime Trump aide. Her highly-anticipated testimony was a little less than three hours.

May 6: Prosecutors called two witnesses who worked in accounting in the Trump Organization: Jeffrey McConney, a former Trump Org. controller, and Deborah Tarasoff, an accounts payable supervisor.

May 7: Prosecutors called Sally Franklin, the senior vice president and executive managing editor for Penguin Random House publishing group. After her testimony, Stormy Daniels was called to the stand.

May 9: Stormy Daniels finished her testimony, with the defense trying to undermine her credibility by pointing out inconsistencies in her story on cross-examination.

May 10: Former White House aide Madeleine Westerhout’s testimony concluded. Then prosecution called several custodial witnesses to the stand.

May 13: Former Trump attorney and the prosecution’s key witness, Michael Cohen, started testifying.

May 14: The prosecution completed direct questioning of Cohen and Trump’s defense began cross-examination.

May 16: Trump’s defense grilled Cohen, putting into question a key 2016 October call and asking him about the times he lied under oath.

May 20: Cohen wrapped up his testimony and the prosecution rested its case. The defense called its first witness, Daniel Sitko, a paralegal for defense attorney Todd Blanche. After a short round of questioning, the defense called up Robert Costello, a lawyer with a connection to Cohen.

May 21: Costello’s testimony concluded. Then the defense rested its case without calling Trump to take the stand. The judge and attorneys for both sides also hashed out jury instructions.

May 28: Defense and prosecution presented their closing arguments. The court ran long on this day.

Read a full timeline of key moments here.

Final defense witness in Trump hush money case, Robert Costello, questioned by prosecutor Susan Hoffinger.

The jury will receive instructions before it begins deliberating. These are some of the highlights from Donald Trump’s defense that they may consider:

Read more about the takeaways from Trump’s defense.