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NextImg:What a hung jury would mean for Trump - Washington Examiner

The jury in Donald Trump’s hush money case was deliberating into Thursday afternoon over whether to convict or acquit the former president of charges that he falsified business records, but a hung jury is a third possible outcome.

A hung jury occurs when jurors cannot reach a unanimous decision, which happens even if just one person on the jury panel disagrees with the verdict.

In Trump’s case, 12 New Yorkers are more than halfway into their second day of deliberating over whether Trump committed 34 counts of falsifying financial records to conceal a payment Michael Cohen made to porn star Stormy Daniels ahead of the 2016 election.

Deliberations could take hours or days, but the longer they last, the more speculation can percolate that jurors are running into disagreements.

If the end result in the first-ever criminal trial of a former president is a hung jury, Judge Juan Merchan has two options. He could weigh the level of disagreement and ask jurors to return to the jury room to keep deliberating. He could also declare a mistrial. If reaching unanimity seems impossible to the judge, he may eventually be forced to go with the latter option.

While that outcome would not exonerate Trump the way an acquittal would, it would still be a victory for the former president and a failure on the part of Manhattan District Attorney Alvin Bragg.

Prosecutors would have the option to attempt to bring the case again, but outside of that possibility, Trump would be entirely off the hook.

Bill Kristol, a vocal anti-Trump commentator, gave coping advice in the event of a hung jury.

“And if there’s a hung jury, what do we Never Trumpers do?” Kristol wrote in an op-ed. “1. Pour a strong drink. 2. Re-read Thomas Paine’s first American Crisis pamphlet: ‘These are the times that try men’s souls…’ 3. Pour another drink.”

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Meanwhile, Trump’s attorneys have signaled that they would be pleased to see longer deliberations because that could mean a hung jury, which would show they successfully caused at least one juror to doubt the charges, according to an ABC report.

“We want chaos … we want evidence of strong disagreements,” one person close to Trump’s legal team said.