Criticisms of Jury Instructions and Defense Objections

• 💡 Professor Dershowitz expressed strong disapproval of the jury instructions, calling them "horrible" and "very, very Pro prosecution."
• ⚠️ He noted that the defense attorneys' failure to object to these instructions could preclude many issues from being raised on appeal.
• 🔑 A key point of contention was the potential absence of a "missing witness instruction" regarding crucial witnesses like Weiselberg and Callum, which Dershowitz deemed "outrageous."

Judge Merchan's Conduct and Perceived Bias

• 🎯 Mark Geragos described Judge Merchan as "nothing more than a prosecutor in a robe," citing frustration with his rulings.
• 🎭 Geragos recounted an incident where the judge, after clearing the courtroom of media, displayed extreme anger towards a witness, resembling a scene from "Taxi Driver."
• ⚖️ The judge's actions, such as summarily holding a defendant in contempt for statements not made in his presence and interposing his own objections, were questioned.
• 🚫 The decision to exclude a defense witness who would have opined that there was no election law violation was highlighted as particularly problematic.

Legal Strategy and Procedural Issues

• 🚀 The defense's strategy of going first in presenting their case was criticized as "insane" and potentially unconstitutional, creating an impression of a burden of proof.
• 🗣️ The prosecution's closing arguments, which focused heavily on federal election law violations despite the judge's exclusion of expert testimony on the matter, were deemed problematic.
• ⚖️ The judge's limiting instruction to the jury, attempting to clarify that Michael Cohen's guilty plea and David Pecker's cooperation agreement were for credibility purposes, was seen as an insufficient fix after the prosecution had already argued them as evidence of guilt.

Election Interference and Media Coverage

• 🗳️ Both legal experts suggested the trial's timing and rulings were intended to interfere with the 2024 election, aiming for a conviction to influence voters.
• 📺 The lack of televised trials was lamented, with the experts arguing that public access to proceedings would allow for independent judgment, contrasting with potentially biased media narratives from outlets like CNN and MSNBC.
• 📢 The pressure on judges and jurors to avoid backlash for potentially saving Donald Trump's candidacy was discussed as a significant dynamic influencing the case.

Potential for Reversal and Jury Deliberation

• 📉 Dershowitz believes that the prosecution's misrepresentation of facts and the judge's exclusion of expert witnesses constitute reversible error, especially if a conviction occurs.
• ⏳ The possibility of a hung jury was discussed, with the timing of a verdict and the potential for jurors to be unwilling to be seen as responsible for Trump's presidency being key factors.
• ⚖️ The complexity of the charges and the lack of clarity on which specific underlying crime the jury must agree upon were seen as contributing to potential issues on appeal.