Merchan re-explains legal theory of case
Judge Merchan again explained the legal theory at the center of the case.
Prosecutors allege that Trump falsified business records in order to hide a violation of New York election law.
"Under our law, a person is guilty of such a conspiracy when, with intent that conduct be performed that would promote or prevent the election of a person to public office by unlawful means, he or she agrees with one or more persons to engage in or cause the performance of such conduct," Merchan said.
Prosecutors offered three theories about the unlawful means: a tax crime, falsification of bank records, or campaign finance violations. The jury does not need to be unanimous about which theory they believe.
![](https://i.abcnewsfe.com/a/85f6694c-923f-458f-b929-a43ef2b4cab6/trump7-gty-ml-240530_1717076543308_hpMain.jpg)
"Although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those unlawful means were," Merchan said.
In a social media post last night, Trump falsely claimed Judge Merchan was "not requiring a unanimous decision" in the case. Merchan reiterated that the jury does indeed need to be in full agreement about their verdict that Trump falsified business records in furtherance of another crime -- but they don't have to agree on which of the three proposed unlawful means were used to corrupt the election.
Trump, at the defense table, dozed off for a few minutes as Merchan continued his reread. Trump's head was resting on his chest. He then jolted up, shaking his head.