Jeanine Pirro and Lydia Hu inside the court: What to watch for during jury instruction

We can watch for the judge’s instruction relating to the [Federal Employees' Compensation Act]. One theory advanced by prosecutors is that documents were falsified to conceal an illegal campaign contribution in violation of FECA.

From the 5/21 transcript, here’s what each side requested:  

Prosecution request - “A candidate for Federal Office does not have to be the sole or only motivation for the third-party's payment, so long as the payment would not have been made but for the candidate's status as a candidate for Federal Office.” 

Defense request - “If the payment would have been made, even in the absence of the candidacy, the payment should not be treated as a contribution.” 

Merchan reserved on his decision, but indicated he was leaning toward including both sentences, which seems good for Trump. We will find out today how he handles in the jury instructions. If jurors believe that payment for the Daniels NDA would have been made even if Trump was not running for office (bc Trump was concerned about harm to family, business, reputation, etc) then that payment cannot be treated as a campaign contribution.

--Lydia Hu, FBN analyst

I'm curious as to how many times Merchan will order the jury to go back and continue to deliberate IF they come out and say they are “hung."  Generally, an Allen charge is given once (that was my max) or twice.

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