Jury instructions in the Manhattan criminal trial of former President Donald Trump will be "vital, absolutely critical" in determining the outcome, former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Thursday.
Trump has been accused of falsifying business records to cover up a payment to adult film actor Stormy Daniels. The trial's closing arguments are expected next week.
"Wake Up America" host Rob Finnerty asked Napolitano, "How important are jury instructions going to be in this case?"
"Vital, absolutely critical," Napolitano said. "Before there are closing arguments, the judge asks for proposed jury instructions from each side. The judge then combines them and comes up with a set that he proposes to offer. … All of this is outside the hearing of the jury.
"Then the judge, with counsel in the courtroom and on the record, goes through each charge and finds out if there's any objection. This is an effort to find an explanation of the law that both sides can agree with. Well, both sides are not going to agree on everything, and then the judge has to make a decision."
Napolitano said attorneys on both sides need to know what the judge is going to tell the jury before presenting their closing arguments "so they can tell the jury, 'In a few minutes, the judge will tell you this, and from this, it follows that the defendant is guilty' or 'my client is not guilty' as the case may be."
Napolitano then was asked how he expected the two lawyers on the jury to perform in deliberations.
"I hope they don't attempt to use any legal expertise in the courtroom to trump, no pun intended, the judge because they promised when they joined the jury that they would not do that," Napolitano said.
The former judge also discussed the corruption trial involving Sen. Bob Menendez, D-N.J., who was accused of selling his influence to benefit three businessmen in return for cash, gold bars, and a car.
Menendez's defense includes blaming his wife for the money and gifts found at his home.
"The government's evidence is pretty strong," Napolitano said. "So strong, it will force Sen. Menendez, I think, to take the witness stand and offer this defense.
"How do you think a jury would feel when a United States senator says, 'It wasn't me? It was her [his wife].' By the way, the her is my wife who's not in the courtroom and who's going to be tried in September?"
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Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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