Facts First: Trump’s claim inaccurately depicts what Merchan said.
Merchan told the jury in his instructions on Wednesday that their verdict “must be unanimous†on each of the 34 counts that Trump faces and that, to convict Trump of felony falsification of business records, they would have to unanimously agree that he falsified business records with the intent to commit, aid or conceal another crime  that other crime being a violation of a New York election law. But Merchan explained that while this New York election law prohibits people from conspiring to use “unlawful means†to promote a candidate’s election, jurors don’t have to unanimously agree on which particular “unlawful means†Trump may have used; they can find him guilty as long as they unanimously agree that Trump used some unlawful means.