I’ve been getting a lot of inquiries about the verdict in the falsely dubbed “hush-money trial” that came down with unseemly speed yesterday. As with other high profile trials where I have not been on the jury or in the courtroom, I don’t have a legitimate basis for much ethical analysis of the trial itself, including the competence of the attorneys or the judge. The Kyle Rittenhouse prosecution was an exception, because of the blatant prosecutorial misconduct in that case that was evident from direct quotes (and the defense’s ethics were dodgy as well).
The position that it was unethical to bring this case to trial as a form of what has been dubbed “lawfare” by critics is already locked in for me, and that is the most important feature of the case. As to the substance of the charges, the absurd number of counts in the indictment were obvious over-charging, an unethical prosecution trick but one that isn’t ever punished. The fact that Michael Cohen was the “star” witness against Trump should have, in my view, made the prosecution’s case insufficient to sustain a conviction on its face. Maybe others in historically significant criminal trials have been convicted “beyond a reasonable doubt” based on the testimony of such a throbbing habitual liar—the Lincoln assassination conspirators and Sir Thomas More come to mind—-but the former was a pro forma military tribunal affair where the defendants’ rights were severely restricted and there was never any chance that they would not be convicted, and the latter took place in England under the direction of a vengeful despot.
The fact that the verdict came down so quickly in what was a very strange and complicated case—with judge’s instructions to the jury that would take me a couple of days to read and understand—strongly suggests a jury that had made up its mind already. I believe that it was wrong not to sequester the jury: I did see a lot of the broadcast media coverage, and it was generally disgusting. The ugly cheerleading for a conviction on all the channels except Fox News, which sounded like an arm of the defense team, couldn’t help but bias the jury.
Oh—those jury instructions are here. Good luck.
Ethics Alarms 