reSee.it Video Transcript AI Summary
Judge Wilson asks about the statute of limitations for a misdemeanor in New York—one year. The business records case is a misdemeanor, correct? The underlying crime, the falsified business records, yes. That’s a misdemeanor charge. The only way to reach a felony is by concealing another crime, right? Correct. Each crime has specific elements that must be proven beyond a reasonable doubt to convict at trial. Right? That is the right way to do it.
In the indictment, did they specify the underlying crime? No. They only described it as other crimes. In the jury instructions, did they specify the specific underlying crime? No. The falsifying business records was described in the jury instructions, with some brief description of a New York state election law violation, but there was no description of the three underlying crimes. There was a description given of falsifying business records, which was ironic because it was falsifying business records to falsify business records. So, and that’s also a misdemeanor, right? That should be.
So you have two plus two equals six: if you commit two misdemeanors, you get to the felony statute of limitations, which they had to get—or they could have never brought the case. That’s correct. But there are more questions about the statute of limitations. It’s not cut and dry because the time Donald Trump spent out of New York could be used to toll the statute of limitations. That was the Harvey Weinstein ruling in the court of appeals. He argued that the time he spent out of New York, while in California, should have tolled the time limitations, but the court of appeals ruled against him on that issue. So that’s how they may get around the statute of limitations problem in this case.
Was the election law case a federal or state underlying crime? It seemed charged as both; when we got to the jury instructions, there’s a violation of New York election law charged, but then one of the three charges underlying is an unspecified violation of federal election law. And then the third one was a tax violation, right? Also unspecified. So all three underlying crimes have significantly different elements of the crime. Were any of the elements listed? No. Not at all.
And this matters for defense: if you don’t know the elements of the crime you’re defending, how do you mount a defense? You can’t. That’s the very issue of fundamental fairness referenced here: a defendant is entitled to know what the charges are against them so you can defend against those charges. Trump was never made aware of the extent of the charges until the end of the trial.
Elements of the crime go in jury instructions. Traditionally you get the elements of the underlying crime. Instead, in this case, they got a grab bag: a choice of three underlying crimes, and we don’t even know which ones they chose or whether they could have been unanimous on those three. So not only were the elements of the crime missing, but there were three different crimes with three vastly different elements, all unspecified. Neither the indictment nor the bill of particulars lists the elements. The statement of facts merely describes a series of allegations and actions believed to have been taken by Trump, none of which describe any criminal activity or elements of any crime. Therefore, on appeal there may be significant legal issues arguing the jury never actually had the elements put in front of them. There’s little doubt this matter could be reversed on appeal based on these issues.
Jury trials are still the best way to determine guilt or innocence, but juries are only as good as the information put in front of them. With that, the speakers yield.