Justice #Merchan is now at the part of the #JuryInstructions where he’s describing “#AccessorialLiability,” the part that suggests the defendant doesn't need to have actively participated in the commission of the #crime to be found #guilty, as long as he in some way DIRECTED or INTENTIONALLY AIDED the #criminal conduct of someone else. In this case, that relates to the alleged falsification of business records.

#law #Trump #TrumpTrial

#Steinglass tells the jurors that thejudge will explain reasonable doubt to them and & them to listen carefully. He reminds them of the concept of #AccessorialLiability: That a person who directs someone to commit a #crime is equally guilty of that crime. Steinglass brings up his preferred analogy for this, the husband who hires a hitman to kill his wife. The defense objects & the judge sustains it: It is his role to explain the #law, not Steinglass’s.

#criminal #TrumpTrial #Trump

#MichaelCohen did not say that #Trump personally falsified the records, or even that he explicitly instructed someone else to do so. He did, however, testify that Trump knew the records would disguise the reimbursement as ordinary #legal expenses.

Importantly though, under NY #law, the concept of #AccessorialLiability does a lot of heavy lifting for the prosecutors, they only have to show that Trump intentionally aided his employees to falsify the records.

#TrumpTrial