During the ongoing trial involving former President Donald Trump's business records, a discussion arose regarding the jury instructions on what constitutes causing a false entry in business records.
Trump's attorney, Emil Bove, raised objections to the language proposed by prosecutors, particularly focusing on the phrase 'a person causes a false entry when...'. Bove expressed concerns that the current wording could potentially lead to convictions based on indirect involvement in causing false entries, known as accessorial liability.
Bove argued that allowing convictions based on scenarios where one individual causes another to make a false entry, and then a third party causes the initial causer, could complicate matters by doubling up on accessorial liability.
While Judge Juan Merchan initially sided with the defense's position, prosecutor Matthew Colangelo emphasized the importance of the concept in question. Colangelo pointed out that Trump's legal team had argued in their opening statements that Trump did not directly handle the business records, suggesting that Trump could have collaborated with others, like Allen Weisselberg, to cause false entries.
Responding to Colangelo's argument, Judge Merchan raised the question of whether the concept was redundant given the existing definition of accomplice liability in the case.
Although Merchan has not yet made a final decision, he indicated a leaning towards granting the defense's request to strike the disputed line from the jury instructions. The ongoing legal proceedings continue to delve into intricate legal nuances as both sides present their arguments in the courtroom.
