Professor Rubenfeld answers questions about the case against Donald Trump and whether the prosecution vilated the Constitution. We already posted episode one, which you can watch here. In this section, he answers questions about the statute of limitations, conflict of interest, and the Sixth Amendment.
In listening to Yale Professor Jed Rubenfeld, it appears that if it is true that Donald Trump was never told what the second crime was, he has a case for an unconstitutional verdict, and the entire case must be thrown out.
In his jury instructions, Judge Merchan described the second crime. Mechan said that Mr. Trump falsified business records to conceal the second crime, violating a New York election law statute.
However, under the Constitution, the accused is entitled to know the crime he is accused of before the trial so he can defend himself.
Trump’s attorneys raised it, but Merchan rejected it, basing it on New York law. However, the Constitution trumps New York law. The Constitution does require it under the Sixth Amendment, making the whole case unconstitutional.
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