The defense in the trial has requested the inclusion of a specific line in the jury instructions. They want the line to state that 'for the purpose of influencing any election requires proof that the activity clearly and unambiguously related to President Trump’s campaign.' This request was made by defense attorney Emil Bove, who mentioned that they intended to present this information through the testimony of campaign finance expert Brad Smith, had they been permitted to do so.
However, prosecutor Matthew Colangelo has contested Bove's assertion, arguing that the phrase is not a legal fact. Colangelo expressed the view that the jury may actually benefit from receiving less information, rather than more, particularly in relation to the Federal Election Campaign Act (FECA) terms. He emphasized that the term 'for the purpose of influencing an election' is a straightforward concept that jurors can easily comprehend.
Ultimately, Judge Juan Merchan decided not to include the requested line in the jury instructions. He explained that certain aspects of FECA law are already complex and potentially confusing for the jury. Merchan indicated that other sections of the instructions would serve the purpose that the defense attorneys were aiming to achieve with the proposed phrase.