Former President Donald Trump falsely claimed that Judge Juan Merchan is not requiring a unanimous decision on the charges against him. Trump took to social media to criticize Merchan's supposed stance, calling it ridiculous, unconstitutional, and un-American. However, Trump's claim does not accurately reflect what Merchan actually said during the trial.
During his instructions to the jury, Judge Merchan clearly stated that a unanimous decision is required on each of the 34 counts that Trump faces. Specifically, to convict Trump of felony falsification of business records, the jury must unanimously agree that he falsified business records with the intent to commit, aid, or conceal another crime related to a violation of New York election law.
While Merchan explained that jurors do not need to unanimously agree on the specific unlawful means Trump may have used, they must unanimously agree that Trump used some unlawful means to promote or prevent the election of a public official. Prosecutors presented three theories of unlawful means, including violations of the Federal Election Campaign Act, falsification of business records, and violation of tax laws.
Merchan clarified that the jury must unanimously conclude that Trump conspired to promote or prevent an election by unlawful means but does not need to be unanimous on the specific unlawful means. This distinction allows the jury to find Trump guilty as long as they unanimously agree that he used some form of unlawful means in the election process.
