Trump trial: Biden calls Trump's remarks 'dangerous'

Judge Merchan explained to jurors the prosecution's three theories for the unlawful means used to influence the 2016 election.

First, Merchan said that the unlawful means could include a violation of the Federal Election Campaign Act, which caps campaign contributions. Prosecutors allege that Michael Cohen's payment to Stormy Daniels exceeded the legal cap.

Second, Merchan said prosecutors argue that Trump and others falsified business records, including the bank paperwork for Essential Consultants Inc., the money wire to Daniels, and the 1099 forms related to Cohen's repayment.

Third, Merchan said the crime could be violations of tax laws related to the "grossing up" of Cohen's reimbursement to cover the taxes he would owe on the payment.

Judge Merchan tells the jury that prosecutors allege that Trump attempted to conceal a violation of New York election law by falsifying business records.

"They need not prove that the other crime was committed, aided, or concealed," Merchan said.

Prosecutors are relying on New York Election Law 17-152, which prohibits "any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means." Prosecutors offered three theories of the "unlawful means" mentioned in that law.

Though jurors will need to agree Trump falsified records in furtherance of an additional crime in order to convict, "they need not be unanimous" on "what unlawful means" were used, Merchan said.

Judge Merchan instructed the jury about how to decipher intent, telling them it "does not require premeditation."

Intent can even be momentary, Merchan said, telling the jurors the question about how to judge intent "naturally arises."

"You must decide if the required intent can be inferred beyond a reasonable doubt," he told them.

Merchan also said earlier, "If it is proven the defendant is criminally liable for the conduct of another, the extent or degree of defendant's participation does not matter ... The defendant is as guilty of the crime as if he had personally omitted the crime."

Judge Merchan told jurors that Michael Cohen is an "accomplice" to the alleged crime, so the jury cannot convict Trump on Cohen's testimony alone.

Even if they believe Michael Cohen, they need to rely on evidence corroborating his testimony, Merchan said.

Trump, at the defense table, appeared to perk up just a bit at this, looking up at Merchan as he delivered this information to the jury.