Phone call w/ Trump and Pecker is about McDougal where Trump says nice girl and Pecker says he thought they had had an affair. Bad augury for Trump that they're asking for that.

Jury has a question, and it’s focused on David Pecker. Looking forward to discussing the note and the rest of the day’s events on Deadline White House w/ Nicolle Wallace and her all star band at 4 pm ET.

can't begin to fathom the depths of the client problems the Trump lawyers have, but I would have done something, anything -- a toy buzzer say -- to keep him awake during the jury deliberations. not a good look for the jury before it gets the case...

Some trial lawyers/prosecutors find the moment when jury gets case deeply relaxing, all the stress suddenly drained away; others find it an incessant nail-biting time worrying about the verdict. I was the former.

JURY HAS CASE AND IS DELIBERATING. THAT'S ALL SHE WROTE. SEE YOU FOR THE VERDICT (OR JURY QUESTIONS).

Jury will be able to use a laptop w/ all the evidence on it.

doesn't dismiss alternates yet. admonitions still apply.

On law, there is really only one theory:
Trump 1) caused the falsif of records w/ 2) intent to commit the crime of 17-152, ie
--> conspire by 'unlawful means': promote or prevent election to public office.
+ 3 theories of unlawful means, leading one is exceed fed contrib lts

Instructions finished. jury about to get case.

jury works today until 4:30. will figure schedule for subsequent days on those days.
if work late, unlikely would be beyond 6 pm.

All jurors remain attentive. includes the juror I previously identified as potentially nervous-making for the prosecution.

some of this is heavy sledding. some members of jury are alternating looking at judge and at charges on their individual screens.

3. tax violation -- false statement unlawful even if does not result in underpayment of taxes.

under federal law, payment of expenses = contribution unless payment would have been made 'irrespective of the candidacy.' [This = the 'irrespective rule']
2. falsification of other biz records of an enterprise--eg bank records of Cohen's account; also wire; and 1099 to Cohen

Other crime: 17-152.
they don't have to prove violation of BRD
--> conspire by 'unlawful means' : promote or prevent election of someone to public office. (and someone advances conspiracy)
and 3 theories of unlawful means. so back here again.

General intent to defraud any person or entity is enough.

Trump asleep, head back and to the side

plowing through 34 counts -- after using #1 to go over the law and what jury must find. Jury remains completely attentive and all looking at the judge

So DA has to prove
1. Trump caused making of false financial records (x34)
and 2. w intent to defraud to commit another crime or to conceal it.
if you find people have proven that BRD, you must find the D guilty
and if not, must find NG.