Jury instructions.....

Judge Merchan explains violations of the Federal Election Campaign Act

From CNN's Aaron Cooper

Judge Juan Merchan tells the jury it is unlawful for an individual to willfully make a contribution to any candidate running for office, including the presidency, exceeding certain limits which in the relevant years was $2,700.

Merchan says that if a payment would have been made even in the absence of a candidacy, then the payment should not be treated as a contribution.

He also outlines how things like editorials and other media activity is not considered a political contribution, "so long as such activity is a normal, legitimate press function."

Judge Juan Merchan explains that the jury must determine whether the Trump conspired to promote a person to or prevent a person from public office by unlawful means.

They must be unanimous on that fact but not on the unlawful means.

Merchan explains the prosecution has three theories of those unlawful means:

Violations of the Federal Election Campaign Act, otherwise known as FECA

Falsification of other business records

Violations of tax laws

Judge Juan Merchan is explaining that intent to defraud means conscious objective or purpose.

He says a question naturally arises with how to determine intent.

"To make that determination in this case, you must decide whether the required intent can be inferred beyond a reasonable doubt from the proven facts," he says.

Merchan is defining several terms relevant to the falsifying business records charge. Intent to defraud "is when his or her conscious objective or purpose is to do so." Intent does not require premeditation, he says.

A general intent to defraud any person or entity is suffice and it can extend beyond economic concerns.

Judge Juan Merchan is continuing to outline the specific charges the jury will consider against Donald Trump.

"A person is guilty of falsifying business records in the first degree when with intent to defraud, which includes the intent to commit another crime or to aid or conceal the commission thereof, he makes or causes a false entry in the records of a business enterprise," Merchan says.

Remember: Trump is accused by the Manhattan District Attorney’s office of 34 state felony criminal charges of falsifying business records, specifically pertaining to 11 invoices, 12 vouchers and 11 checks. 

The charges all center around these checks, invoices and vouchers that recorded payments to Trump’s then-lawyer and fixer Michael Cohen. Prosecutors allege the payments were not a retainer for legal services, as they were recorded, but were reimbursements for paying off adult entertainer Stormy Daniels in exchange for her silence and the life rights to her story before to the 2016 presidential election. 

In order to find the defendant guilty, Judge Juan Merchan says the jury must be unanimous.

Merchan added that jurors do not need to be unanimous on "whether the defendant committed the crime personally, or acted in concert with another, or both."

As Judge Juan Merchan goes through the jury instructions, some jurors appear to be looking down taking notes.

Judge Juan Merchan tells the jury, "I will now instruct you on the law applicable to the charged offense. That offense is falsifying business records in the first degree, 34 counts."

"You must find beyond a reasonable doubt first that he solicited requested, commanded, importuned or intentionally aided that person to engage in that conduct and second that he did so with the state of mind required with the commission of the offense," the judge continues.

"The extent or degree of defendants participation in the crime does not matter," the judge adds.

Donald Trump is leaning back in his chair with his hands clasped as Judge Juan Merchan reads the section about Michael Cohen's testimony.

Judge Juan Merchan says the jury cannot convict Trump on the testimony of Michael Cohen alone because he is an accomplice, but they can use it if they corroborate it with other evidence.

"Under our law Michael Cohen is an accomplice," Merchan says.

"Even if you find the testimony of Michael Cohen to be believable, you may not convict the defendant solely upon that testimony unless you also find it’s corroborated by other evidence," he says.

Judge Juan Merchan tells the jury that if they find a crime was committed, they must find that Donald Trump committed the crime.

"You cannot convict the defendant of that crime unless you’re also convinced beyond a reasonable doubt that he also committed that crime," the judge says.

Judge Juan Merchan continues to give the jury instructions and is now speaking to witness credibility.

He tells the jury they can consider whether a witness hopes or expects to receive a benefit related to the trial or if they have an interest in the outcome of the case.

"You are not required to reject the testimony of an interested witness or to accept the testimony of a witness who has no interest in the outcome of a case," Merchan says.

As Donald Trump's criminal hush money trial draws to a close, the scene outside the courthouse is picking up with the most press on site since day one, according to CNN’s team on the ground.

Every spot in the press pens seems to be occupied, with some of the less frequent attendees present on Wednesday.  

As of 10:20 a.m. ET there are a couple of dozen protesters in the park, some waving Trump flags, and dozens of people who appear to be just watching what is going on. 

There is also more police presence than most days in the past. They are positioned both on the streets and on the park.  

The street parking in front of the courthouse is blocked off today with bike racks, which has not happened previously during this trial.