The jury is now considering whether to convict Donald Trump on 34 felony counts of falsification

of business records.

It would be a shock, frankly, if he were not convicted in this particular case, because,

of course, he's got 12 angry New Yorkers on the jury.

And New York juries probably not going to be particularly fond of President Trump.

Also, the judge in this case has made it a foregone conclusion that Trump will be convicted. The reason I say that is because his jury instructions are totally insane. So last night, the jury got the case. They got about 1130 a.m. Eastern time. They deliberated for like four and a half hours. And then they went out for a hoagie or something. And they are back this morning, still deliberating.

Just before 4 p.m., according to the Wall Street, journal jurors asked to, again, hear legal

instructions the judge had read earlier in the day, because this is a very confusing legal case,

mainly because no one knows what the hell the charges are.

So I have the jury instructions here in front of me.

The problem with the jury instructions is that it is

absolutely unclear what exactly the crime that is being alleged is. It's a two-part crime. The first crime

would be falsifying business records in the first degree under New York penal law section 175.10.

That law says that a person is guilty of falsifying business records in the first

degree when with intent to defraud that includes an intent to commit another crime or to

aid or conceal the commission thereof that person makes or causes a false entry in the business

records of an enterprise. So the idea here would be that if Donald Trump made a false

business record in 2017 with intent to cover up a crime in 2016, that's what falsifying business records in the first degree would be.

The problem is what was the second crime that he was seeking to cover up?

And the answer is, eh?

The big problem with this case, of course, is that Alvin Bragg is trying to spin a non-existent crime out of Donald Trump making a hush money payment.

Now, hush money payments are ugly and they're unseemly and they're kind of gross, particularly when you're talking,

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