https://www.nationalreview.com/corner/wheres-the-jury-charge/
It is now Friday evening at the start of the long Memorial Day weekend, so it’s getting safer to assume that we will not be getting the jury charge — i.e., the legal instructions that Judge Juan Merchan will give the jury prior to deliberations — in former president Donald Trump’s Manhattan criminal trial.
Interesting thing about that. It’s obvious that Judge Merchan does not want to give the commentariat an opportunity to pore over and publicly dissect what he plans to say. But that raises the question of why Merchan sent the jurors home after both sides rested on Tuesday, giving them a full week to marinate in the intense out-of-court publicity and feel pressure from family, friends, and acquaintances. (The jurors are anonymous as far as the public record is concerned, but it would be naïve to believe their identities are unknown to many people.)
Why didn’t the judge proceed with closing statements, the jury charge, and deliberations until a verdict was reached, as is customary in criminal trials? Presumably, he did not want to risk the wrath and potential defections if the jury were forced to deliberate during a holiday weekend. (If any commitments were made to the jury at the start of the trial about not working over this weekend, I have not seen that reported.) I believe the judge has been putting his thumb on the scale in favor of the prosecution, and experience teaches that when juries are inconvenienced, they tend to blame the government and the court; they may sometimes blame the defendant if it seems his lawyers are stalling, but they generally grasp that the defendant is not a voluntary participant in the trial and has the least control over its scheduling.
I want to make another point, though. If the judge does not want to make the jury charge public because of the intense media coverage, that can only be because of fear that the jurors might be exposed to that media coverage. Otherwise, there would be no downside to making public what ought to be, and routinely is, made public. If the big concern is intense media coverage, however, then why would Merchan send the jury home for a week outside the courtroom, where they’re apt to be bludgeoned by media coverage and other outside pressures? Why not have kept them in the courtroom working and shielded them from publicity and outside pressures until a verdict is reached?