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Judge’s Problematic Jury Instructions in Trump’s Hush Money Trial

Let’s get the obvious out of the way: Manhattan District Attorney Alvin Bragg, a rogue prosecutor, never should have brought his case against Donald Trump.

But here we are, with a jury of 12 Manhattan residents being asked to decide whether the former president committed 34 felony offenses.

And the only reason they are being asked to decide whether Trump committed 34 felony rather than misdemeanor offenses is because Bragg has sought to turn these ordinarily misdemeanor booking charges into felonies using a novel legal theory—essentially that Trump committed the bookkeeping offenses with the intent of covering up another crime.

But what is that other crime?  And what does Bragg, a Democrat, have to prove about that other crime?  Those questions have been present throughout the case, but catapulted to the forefront Wednesday after Judge Juan Merchan gave startling…

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