Merchan says he’s not inclined to give prosecution request to add “reasonably foreseeable” (re creation of false biz records), but says he’ll reserve ruling on that as well. Jonah Bromwich:


May 21, 2024, 3:09 p.m. ET

Jonah BromwichReporting from inside the courthouse
…
It seems like, on the knottiest issues, Merchan is holding back from making decisions, giving himself time to study the issues further.


Indeed, it does.:




May 21, 2024, 3:37 p.m. ET

Jonah BromwichReporting from inside the courthouse

But if there’s nothing wrong with Trump having participated in the meeting, Justice Merchan asks, why not suggest to the jury that he did so? He then reserves judgment on the wording addressing Trump’s participation in the conspiracy — it sounded to me as if he were inclined to side with the prosecution on that issue, but we won’t know for some time.