bolded
i mean this respectively, but this is why it’s hard to have discourse about an already inflammatory figure and litigation. people generally don’t understand the nuance between state and federal scopes of action.
the judge in trump’s trial did include potential violations of federal election law as part of the jury instructions. this was to provide context on why the falsified business records could be seen as attempts to conceal another crime. HOWEVER!!! the conviction was primarily based on new york state laws concerning falsifying business records, which required proving intent to defraud, not necessarily proving a specific violation of federal election law. think of it as a motivation, not a violation.
including the FEC law context in the instructions aimed to help jurors understand the potential motivations and implications behind the falsification. it’s to explain why the falsification may have happened. the jury's task was to decide if the falsifications were made with fraudulent intent, regardless of the FEC's stance on the legality of the payments themselves.
you may still think to argue — won’t it prejudice the jurors to give that information?
jury instructions often cover a range of potential legal violations to ensure the jury understands all possible legal contexts. this does not imply a predetermined outcome but encompasses comprehensive consideration of the case's nuances. it works in both the favor of both sides. the judge makes it very clear to only consider these crimes if there is substantial proof of the allegations. no different than any other instruction haha. the inclusion of federal election law context helps the jury understand the possible motivations behind the falsification but does not directly depend on a federal determination of legality.