legal team suggests the embattled center made defend themselves by blaming his wife. the couple, and to other individuals faced numerous criminal charges related to an alleged years-long bribery scheme involving the governments of egypt and qatar. the new revelation comes after a federal judge granted nbc news is requested to unseal two sentences in the filing about why center menendez believes that joint trial would hurt his chances at trial the filing states that if asked to testify, the center of quote, may in coal pate unquote his wife meaning he may accuse her. the reason he says is because she quote, withheld information from center menendez or otherwise led him to believe than unlawful was taking place and quote he also says that if there's a joint trial and he chooses not to testify against his wife. that would force him to hold back testimony that would exonerate him. now, the senator has denied wrongdoing, pled not guilty to all charges. the trial is scheduled to begin next month. the news continues. the source starts. now see you tomorrow

>> straight from the source denied. that was fast seven jurors have been chosen in all trump's first criminal trial on day two, a sharp warning to the former president from the judge. don't even think about intimidating potential jurors after the judge saw trump muttering and gesturing in close proximity to a potential juror, and what is it like to be in that jury pool? but the former president turned defendant? watching your every move as you are being considered to decide his fate. my source tonight will tell us all about it. i'm sarah sidner in for kaitlan collins tonight. and this is the source an immigrant from ireland and oncology nurse corporate lawyer, a grandfather from puerto rico, a young english teacher, a recent college grad and civil litigator seven

strangers who have at least two things now in common, they all live in new york city, borough of manhattan. and they're all seated on the jury. that will decide if donald trump should be a convicted felon. that's more than half of the jurors they need for a jury of 12 plus about six alternates. they are yet to be chosen and make no mistake. this judge is wasted, no time moving things along yet. another thing that has donald trump really unhappy >> we're going to continue our fight against this, judge. we think he's totally conflicted jack with the new york state system. it's time to watch by the whole world. >> and >> so we, we think we have a very inflicted you shouldn't be on the case and he's rushing this trial >> different day, same false accusations about the judge outside of court from donald trump. now, inside the court,

there were clashes over the social media posts of potential jurors that trump team alleging bias against the defendant. some new yorkers were immediately dismissed for their past post another question intensely about a video she posted after the 2020 election was called for joe biden that elicited a response from trump, who apparently muttered something about it and visibly reacted, gesturing that earn ten and admonishment from the judge who told trump's lawyer that he walked don't have any jurors intimidated in the courtroom. now, inside court, the former president was said to be watching a potential jurors very intently sizing up the jury pool. and after core today, this is what he said feel about the seven jurors that were selected >> i'll let you know what about two months our next source tonight was inside that courtroom care magee spent two days is a potential juror. just a few feet from donald trump

until she was dismissed. kara, thank you so much for being here. first of all, how did they identify you in the court? what did they give you when you first walked in >> so this was part of the initial jury summons that i got in the mail. they took we're off the rest of it. they're like farm that we filled out and they left us these to identify ourselves with when we got into court. so they blacked out our names to be anonymous, and then they identified as by these letters >> okay. so you've got they're calling you bye, bye be whatever it is >> e3, 70 it's going to be three, instead of your full name because you're supposed to be anonymous. so that you don't face threats from the public or otherwise, at what point did you realize that you were walking into what is a historic case against a former president, the very first criminal trial of a former us president so i had known that this was around the time that they were selecting the trump jurors because when i got the jury summons, i texted my mom. i have dirty jury duty on tax

day. that's funny. and she said, oh, i think that's when they're picking the trump jurors. so i knew that it was a possibility there was a line around the block of jurors when i got there. but of course it's, you know, it's manhattan, there's always million things going on. so i was like i might be in a trial down the hall. we were put into a jury holding room that was full of people there were i want to say 200 of us in there and just from that number of people, i was like, this might be trump. there are so many, but it wasn't until the first group of us we're actually brought into the courtroom and i saw him that i was sure. >> can you give me a sense of what it was like? what did it feel like being in that room before you went into court and then walking into court? >> sure >> so in in the room before before we were brought into court, and this was the sense the whole day, people were really not talking to each other as much as i expected. there seemed to be a sense of

none. of us really knew what the protocols were in the situation, whether we were allowed to say, hey, do you think we're on the trump trial? there was it seemed like there was maybe a worry that if we spoke to anyone, we would be dismissed for knowing too much about it or something >> we're their nerves and it was an uneasy with this sort of quiet uneasiness, like not knowing exactly how to handle. >> definitely, i think we were also not really sure when any of the action would start. i think because there were so many of us we were expecting to maybe just sit in the holding room for a week and then be told that the jury was picked and we would go home. >> wow. okay. so what did you observe? you're in there. you're few feet away from former president donald trump what did you observe about his demeanor? >> sure >> so walking in is there's this you walk in and you see him and you realize you're on the trump trial and at the same time, to kind of very contrasting feelings hit you. one, where you get the sense of

how historic this is as you were saying and how you are now a piece of history, even if you dismissed, you are here, you experienced this moment that is unlike anything else that has happened before so it's this huge gravitas. and at the same time, you see him in person, which i had never seen him in person. of course and you realize he's just a dude and then you go and sit in the jury box and you're 30 feet away from him and he's just looking at everyone as they answer questions about him >> what does it feel like you're sitting there and the former president is looking at you, you know, some of the rhetoric that has been used by him or he's gone after the judge and the tony's did you know about him and some of his his personality and antics before you walked into court. >> so his his personality on the specific case no. but about him and his public persona? yes

and i think that's one really unique thing about this case, is that as an american as you know, most people in the world who have seen any form of news you can't really go into it without prior opinions even if you're not invested, it's just we have heard so much about him and seeing so much of him in the media that we all have an impression of him already walking in so being across from someone who has been just so present in everyone's atmosphere for so long. and then having that person watch, you answer questions about them is surreal. thrilled, nerve wrecking, or did you feel like this is really odd, but it wasn't scary >> both. eye when we, when we first were brought into the courtroom they the judge went

through his description of what it means to be a good juror and what it means to be fair and impartial and stick to this case and the evidence regarding this case. and not allow your prior impressions of this person to influence your decision and then he asked for people to raise their hands if they thought they thought that they for any reason would not be able to be impartial and a good number of people raise their hands and were dismissed at that point. >> so dismissed >> sorry. why were you dismissed? >> so i got up to the jury box and it didn't seem to go back to your earlier question. it seemed like once you were in the jury box, you had made an agreement with the judge and i guess with the legal system overall, that if they thought, you were the best person to be sitting in this seat on the jury that you were going to do

the best you could to uphold with the legal process is supposed to be and give whoever might be sitting in the defendants chair the right to a fair trial >> so while on the one hand, it was a little nerve-wracking to sit right across from someone >> whose fate you would have a hand in deciding on the other hand, it was a sense of through living in this country and having the right to a fair trial. myself, if i ever needed it or if someone i know and care about ever needed it it is i have accepted my duty to uphold that. >> you felt like you can be a fair and impartial juror, but ultimately or dismissed. why do you think you were dismissed? correct so i thought about it a lot overnight because i didn't

i wasn't i didn't answer the questionnaire yesterday. they didn't get to me at i slept on it and i was thinking, you know, given my prior exposure to media on trump, would i be able to be fair and impartial and i because the right to a fair trial is so important to me. i decided that yes, i could consider simply the evidence presented in this case as the judge told us, two and simply decide whether i thought that given the evidence was this person who happens to be donald trump guilty of this particular crime. that he was accused of. >> your show my you'd be the perfect job what happened? well, i >> was really hoping to get on the case and then yesterday at some point when we the jurors were beginning to be interviewed the judge mentioned that the case would go at least six weeks, and now >> people are saying probably a good deal longer it's nine in

the morning to about five in the evening every day i went through, answered all of the jury questions out loud. but the final question on the jury questionnaire was something along the lines of i don't remember the exact wording, but it was is there anything that this questioner has not asked that you think might impact your ability to be a good juror? if so please share it with us or something, and i said, due to the nature of my job, it's it's difficult for me to do mjob fully. onlin urs that would have for pm this long and i was excused after that. that was the last question, so i don't know if pryor questions also you think that that was probably at because it would affect your financially and make this really almost impossible for your life.

>> i would i would assume that that was why yeah. >> well, it's really fascinating that you got sit there and it was historic, whether you're on the jury or not, as you said it, so care, maggie. thank you so much. of course. she had a >> all right. i want to bring in a pair of our best legal sources, temidayo aganga-williams is a former senior investigative counsel for the january 6 committee. and jennifer rodgers is a former federal prosecutor and cnn legal analysts. thank you both for being here i just have to think here, muggy again for coming in and sort of explaining what that was like because she said it was scary, it was nerve wracking. but you want it to be on the jury. it just didn't work out for her life today. i want to start with you. there are seven people that are on this jury. many legal analysts said, this is going to take weeks to get this jury. the judge is now saying he believes that potentially monday, they'll have the entire jury seated. what does this paste tell you >> i think it tells you their jugular china's fully in control of his courtroom. and that's what we've seen. he is move this process along

efficiently. and i think it bows well that this entire trial is going to be run quite well by the judge. we saw today that the time when the former president, a one-point set, it's speaking and gesturing and the judge did what any judge does, which is to reprimanded defendants, saying you cannot do that so i think if he continues with what he's we've seen thus far this is going to be a quick case and he's not going to allow either the government ordered the fence or the former president to really run this off the train tracks. so i think it's a good sign. >> okay. >> i want to talk about these jersey. they are supposed to be anonymous. and that is because of the huge pretrial publicity. and because of potential threats that we've seen, other cases. so let's talk about what we do know about them now that they have gone through this process, there are of course seven jurors, and here are some of the details that we heard out of court. juror one will be the foreperson. he's a man from ireland who works in sales. he gets his news from the new york times daily mail, fox, and msnbc juror number two is a native new yorker who

works as an oncology nurse and is a new york times reader and cnn water two or three is a corporate lawyer from oregon, juror four is an older puerto rican man who owns an it business who says, trump makes things interesting and you're five is a young black man, woman who's a charter school english teacher, unmarried with no children. juror six a young software engineer who lives with three roommates in lower manhattan and juror seven, a civil litigator who says he has political views of the trump presidency these jurors are supposed to be, of course anonymous. and you hear all of these details and i'm wondering to you, jennifer, if it reveals who they are, because if you happen to be this, it businessman or the african-american teacher at a charter school, the people that work around, you could probably figure this out pretty quickly if you're gonna be out for six weeks. >> yeah. and it started bubbling up on formerly twitter x earlier about all these

details that were coming out and so the social media posts that the defense are bringing in and reading outline, these people might be able to be identified which of course goes against the whole purpose of the anonymous juries. so i really do hope the judge martian does whatever he needs to do to try to make sure that these people stay anonymous. but it's an interesting jury as a heavily professional jury. so that's so far is very interesting. trusting usually you see a lot more kind of lower-level government employees. so i've come to interested in that aspect of it. looking forward to seeing who the other five are for sure. >> so as ty go through this, ch prosecutor and the trump's legal team, th dense team, has ten strikes, ten people they can say for reon aall or for whatever reasonwe d't want this peon on the jury. 've each ady usesix to med. whato you think is the a the bett jury or is th dstin thiseem like this could go either way so r? >> yeah. i think it's never clear. this is always picking an art and everyone has ev a jury. if you get theesult,

the verdict you want, then all of a sudn you lo back and say, i really know how to pick a jury. and if it goes the other way than at the jury's faults. so i think it's really hard to tell at this point, but i do think it's interesting with the professional jury here because it's a somewhat of a technical case. it's not a case where we simply say, did they commit but a murder, did they rob the bank? yes or no? it's a case where you're talking about documents, you're talking about, you've you prove a business fraud and then you've referenced a separate crime. so i think it's possible that a professional background jury here, could it be a positive for the prosecution because you're going to have lawyers on the jury. you could perhaps explain the statutes. >> so do you think that if there was some reading the tea leaves, i might point to that, but otherwise, it's really, really hard to tell because another dynamic is had they interact with each other because it's a group dynamic situation. they're gonna go back there and they're gonna be talking, deliberating. they're going to be setting up alliances, are going to be supporting each other undercutting each other. so a lot of it is not just who's on the jury but how they interact with each other. >> i do wanna ask you about you

mentioned the social media posts and in every case that i've seen, including the january 6 cases in federal court, they went through the social media of each and every person thoroughly to see if there was any bias, there can you just describe how this works? and is this the new? the way to suss out whether someone can actually be fair and partial. well, >> certainly when you have someone like donald trump who everyone will posted about on social media, right? so yeah, i was not at all surprised to hear that when it was time for the four cause challenges, they came in with reams of paper saying, we've gone through all the social media feeds that are public of all of these people. and we want to complain about this guy and that woman and so on, because we think they're biased even though they didn't admit to be biased. so i do think that's a new way they're doing these things sometimes judge marsha and said, okay, yes, that post i think does evidenced enough of a bias for me to dismiss the prospective juror. other times he said, no, that's not enough. so i think he actually did a really good job of kind of to'ing the right line there and being fair to

both sides. but yeah, that is absolutely the new normal everyone. do you want to be on a juror? be careful what you post on social media. >> it is really interesting. people forget, they can look back years and they did. i want to talk about one of the things that we heard in court about social media to you temidayo trump's attorney, todd blanche grilled some of the potential jurors pressing them on their old social media posts, and blanche pressed one juror on a post calling trump's travel ban unlawful, which prompted this reaction from judge merchan. he said, if it ended there, i wouldn't really have a problem with it. then the post continued who's this get him out and lock him up and rashawn struck the juror for cause, but not before saying that everyone knows trump could potentially be locked up if he's convicted in this case. this is his first criminal trial. what do you make of how the judge dealt with that particular case? and is it a sigma hello to everybody else about what could happen to

them? >> well, i think what i think he was fair. i mean, i think what we saw in both with what jen mentioned is that he's not looking to strike jurors, just having opinions is looking to strike them if they can't be fair. and i think that's a good sign going forward. yeah. even if they say they can be fair, if they look back on their social media and they see some of these things, there's going to be a problem. temidayo aganga-williams. thank you so much as well as you, jennifer rodgers. appreciate you guys being here this evening. >> all right. trump's promising to >> continue fighting. the judge on this case. not a surprise. who is already not having it when it comes to potential intimidation? patient of jurors and witnesses scolding trump on day two of the trial we'll dig into that dynamic, but the former judge, ahead, plus is a supreme court we're getting ready to toss out a key charge used to prosecute hundreds of that might mean in one of what trump's from cases

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so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. half just like that, go to ship station.com slash, try and get two months free >> news night with abby phillip. tonight at eastern on cnn two days into donald trump's first criminal trial. and he's already facing the threat of punishment if the judge is determines he already violated the gag order put in place to stop him from attacking trial participants, including witnesses. he's also been warned about his behavior inside the courtroom where as we've ported the judge was not happy with him muttering near a juror or outside the courtroom over the last days and weeks muttering hasn't been the issue at all. the message has been clear we are going to continue our fight against this judge

>> not >> i have a trump hating judge with the trump-hating wife and family. he's totally conflicted. there's never been a judge more conflicted than this one. >> all right. >> that is how donald trump has been describing the judge over and over, over again. i'm joined now by judge ladoris hazard cordell, a retired judge who spent 19 years on the bench in the state of california. thank you so much for joining us. given that you can see donald trump's clear and present hamas city towards the judge in this case. if you were on the bench in this case with the world, looking at every detail how would you make it clear that you can be fair? but also that the former president known for improper court behavior has to follow the same rules as every other criminal defendant. >> well, i give judge more sean on a scale of one to ten. he's atten, he's doing a terrific job of doing just what you

described, maintaining control, but also saying you're not going to act out in my courtroom. so when donald trump acted out and actually said something muttered something that was negative toward a spective juror, the judge jumped right on it but i'm imagine a if donald trump couldn't control himself in that respect when people he despises michael cohen, stormy daniels, take the witness stand. he has to sit there quietly, not say anything, show no emotion, and i can tell you now, he is going to act out. so it'll be up to the judge and i'm sure, judge, most sean is thought about this to do something to say you're not going to act this way in this courtroom and i will tell you if i were the trial judge, i know what i do. if he started to act out, i would stop have the jurors taken out and i would have mr. trump escorted into a nearby room where there would be a monitor where he could watch and listen to the

cross-examination and direct examination of the witness, and then adding that witness was done. i'd bring them back out sort of like a time-out room. and then i bring them back again and if he started to act out with the next witness i take them back for another time-out >> so you're saying that basically it's legally appropriate, are okay. because he has to be in court. he has to be able to face the charges against him and the witnesses who are up against him. but he could be in a different room in other words, they could show him the trial and then bring it back in >> oh, absolutely and and again, if he is disruptive in the courtroom, what you cannot do. and this was done back in the de in the trial of the chicago seven where bobby seale was gagged the in front of the jury, and you can't do that so if you want to maintain control, then put them in a place where he can hear everything, can communicate with the lawyers, but give them a time-out. i guarantee you he'll learn. and if not, he'll

spend that time sitting on a time-out room this is really fascinating, judge ladoris hazard cordell, really appreciate you sort of explaining that as someone who's been on the bench for such a long time, i'm just reminding >> people, look, this is the former president. yes, but he's also the person who is going to be the republican nominee. for president for 2024. and during that campaign season. and so this is just a fascinating moment in our history to see him going to a criminal trial every day to watch this all happened is unprecedented, judge. thank you so much for being here. >> sure >> now, this is going to be a long few weeks potentially months, and some of it won't be g-rated. >> we're >> going to break down what this case is all about, and it's much more than alleged affair and payme to a poporn star hey with priceline vip family, you can unlock deals

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is cnn this picture here, how donald trump will spend his days for at least the next few >> weeks, he will be required to sit behind a criminal defense table. the first former president to do so because of horse, he's the first to ever be charged criminally. the truth is, there are a heck of a lot of elements to them this case, you'll hear about affairs, tabloids, a porn star a playmate, and secret schemes. there are payoffs, cover-ups turn coats, and lies, according to the prosecution, you'll see the underbelly of campaigns, elections, and yes, the media. but in the end, this case really does come down to just a couple of things. bookkeeping. and youth voter. let me explain. first up the bookkeeping. here's how one of donald trump's current attorneys described it >> this case is about business records charges. the question is whether business records relating to payments made to michael cohen were misreported

those payments. >> we >> know came directly from donald trump, sayyed that checks. we've seen them and while he was president trump signed to financial disclosure form that he quote, fully reimbursed cohen in 2017 as for how the money got from trump to cohen, here's how the de describes a scale came to pay hush money to stormy daniels, quote each check was disguised as a payment for legal services. former president trump's attorney, rudy giuliani described it this way. >> they funneled through the law firm funneled through and the president repaid it >> oh, i didn't know >> how about those legal services. cohen was apparently performing rudy giuliani went on to say this when i heard cohen's retained are 35,000 when he was doing no work for the president. i said, but that's how he's repaying. that's how we how he's

repaying. it. >> was a little profit and a little margin foot paying taxes for michael it's not like this was going on behind donald trump's back. he knew about the arrangement with david and the national enquirer to bury negative stories about him ahead of the election, trump is on tape discussing how they kill the story of his alleged affair with karen mcdougal and with his former personal attorney, michael cohen. that conversation janel, a key witness in the case against and listen >> i need to open up a company for the transfer of all the bad regarding our friend david so i'm going to do that right away. i'd actually come up and i've spoken to allen weisselberg about how to set the whole thing up with a funding that >> yes >> and it's all the stuff >> all right. so now this is where you, the voter come in because without you, this would

be a misdemeanor case. the reason this is a felony with potential jail time is because of what prosecutors described as a scheme to keep voters from ever knowing that a porn star and a playboy play may claim trump cheated on his wife with them. and despite trump's claims to the contrary, bringing this charged as a felony, actually happens. a lot of new york records show felony charges of falsifying business records were brought more than nine thousand times in new york between 2015 and when donald trump was indicted. as for the paper trail on that scheme, there's a treasure trove of texts and phone records showing cohen working directly with the campaign to keep an eye out for the stories, including texts to hope hicks, or they discussed how the mcdougal story was quote, getting little traction and that quote, it's working. we even know that trump was on those phone calls now, donald trump denies all of this, but in the end, all that effort eight years ago to keep those stories from coming out i'll

just before an election all but ensures you the voter will be seeing wall-to-wall coverage of every salacious detail, just as donald trump asks you to send him back to the white house here with me now ashley allison, cnn political commentator and former white house senior policy adviser under president obama as well as cnn senior political commentator, and navarro. thank you, ladies for being here. allison, i want to start first talking about the voters the latest new york times poll looked at where women are in this. and when were twice as likely as menn to see the charges in this case as very serious which mirrors what we saw in 2018 when all this started to come out, when these stories were were all over the place. his approval rating with women, if you take a look at this, we're 20 points lower than with men as we're getting the daily input and deluge of this salacious details of alleged sexual encounters and

cheating and cover rep. do you think when they're going to respond to this at the poles this time, or is this something that we've already heard? we already have made up our minds. this is old hat. >> well, we know right now women are an animated portion of the electorate because of the policy issues of case in point roe v. wade being overturned. so it's pretty and engaged electorate figuring out how they're going to engage in this election cycle. you said they already heard, but they actually didn't. hear everything. and 2016, when they went to the polls. and so now what is happening to donald trump is exactly what this case is alleging. he tried to prevent women being fully formed about his behavior where he had an affair with his wife another woman and women are thinking what type of man is this? is this the type of person with the character i want to be in the white house. and i think some women, particularly hopefully the fifth of the 53% of white women who supported donald trump and sick 2016 will allow abortion as well as this issue should be a determining factor to say he

is not fit for this job and this case really is about falsifying records, like none of that other stuff has anything to do with that, except for the fact that this is how we got to this point. speaks to intent on an navarro. i'm curious about buying records, about campaign contribution, right? and kind campaign contribution, right? on reported correct. so i have a question for you. his wife, melania trump not with him. we've not seen her yet near the near the court in this criminal case. first ever former president. what does that tell you >> well, it's not just about this case, right? he's now been charged in four different cases and she has been nowhere to be seen, frankly, has daughter who used to be by his side constantly is nowhere to be seen either trying to reinvent and herself in miami beach >> melania, we >> all remember when this story first broke how mad she was, how she took off to mar-a-lago was in a spar for days and only came back for the state of the union where she wrote in a

different car and she was clearly angry there's going to be i think a yes, this has rehash. yes, we know this happened, but donald trump is still denying it. and i think in part he denies it to save face with voters and to save face with his wife. so now for the first time though, we're going to hear stormy daniels testify about this in a court of law. and i think the level of public embarrassed it's meant for a wife who was newly married. they'd only been married for about a year when he met stormy daniels, who had just given birth of his, you know, his son was something like four months old when he started this a fair when this was happening, i think that's going to be incredible. hey, hurtful, embarrassing, humiliating, and you know, and i don't think you're going to save my money anywhere around. we haven't seen her in a campaign trail already, right? >> it's it's hard for women to listen to this and imagine themselves in the position. if all of this was going on, which of course donald trump denies.

i just want to ask the both of you and in this case, and i don't want to get ahead of myself, but i'm doing it if he is actually convicted, i mean, the judge has been very clear this could be jail time, right how do you see this playing out? i mean, this there are people out there talking about civil war over, over him. and what is happening with them. and he's egging people on saying he's the victim here and system is going after him. what are your thoughts? >> well, whether or not he'll have jail time will be a serious i think a deciding factor of how people respond. he's already been found liable and guilty of other things, and we haven't had a civil war yet. so hopefully he's responsible with his language. he hasn't been proven to do so to date, but i think that if he actually goes to jail genes in our country could get really high. >> i would be shocked if he actually goes to jail. i would find that shocking given that he's you know, this is a first offense and all of these other things i've kind of lost hope that it's going to make any difference with republican voters. i've even lost hope that it makes any difference with evangelical voters. have

you heard this man boast about grabbing women by the private and it didn't matter on how you voted. i'm not sure this is going to make that much of a change i do think it may affect independent voters and folks that are not yet decided if it is as tight as a poll, say, it is, that could be a difference, but we will have to wait and see. thank you, ladies. both alice alice, ashley, allison, and navarro, i appreciate you coming in this evening all right. next some of the convicted january 6 rioters reportedly being let out of jail early because of a challenge that has made its way all the way. the supreme court will explain how that case could also have an impact on the federal cool case ainst donald trump >> your assignment with adi cornish. listen wherever you get your podcasts >> it's r&, your way >> choose three flavors for just >> $20, like news street corn sram in our face hey, miss garlic shrimp scampi, it's time to grab some cheddar bays and

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washington, dc, the supreme court's conservative majority seemed skeptical of how a federal law was used to prosecute january 6 rioters. >> it could have major implications for about 350 people charged with obstructing official proceedings and the capital attack. >> the law >> was enacted in the wake of the enron scandal decades ago, the defendant, a former pennsylvania police officer, and capitol rioter, who brought today's case, argues it was intended to stop up evidence tampering, not about writing, joining me now is andrew mccabe, former fbi director, deputy director, and cnn senior law enforcement analyst. i almost gave you a new title there, andy but i want to talk to you about about this because it is quite fascinating what's happening there are about 300 and 50 capitol rioters charged under this law there are people who have already been convicted under this law, about 100 or so whoever received prison

sentences, i mean, if the court decides that this chart is not stand, how much of a blow is ther way, right?s you st low detail, ere's a lot of work that's been put into charging and prosecuting many, many, several hundred defendants in the january involved in january 6 and so if the court rules that youan't use is stute inhis way on these facts, then that's gointo force the dement to go back and reevaluate a lot of those convictions. >> excuse me >> many of those people were also convicted for other crimes as well. so it won't simply result in the vacating their convictions entirely >> some >> folks have you mentioned already been sentenced on conviction. so this this these counts, it's very complicated. it's hard to say from this perspective exactly how that will play out. but the entirety

of it will depend on how broadly or narrowly the court renders their decision. >> yeah, it is a fascinating charge. i know that that charge was involved in the cases i watched, which was the proud boys and the oath keepers those charges were in there as well, but they were many other charges that they face, like this police officer, for example, whose case has gone to the supreme court as justices seemed to be really focused just on the league golan tactical debate before them, not what happened that day and the conservatives on the court seemed to be leaning towards saying the obstruction charges don't apply how do you see this playing out? politically and for those who, this is the only charge, does it mean that people will get out of jail? yeah. >> it is entirely possible, but again, it comes down to what the opinion actually says. so on one extreme, they can say that the statute is overly overly broad, declare it unconstitutional, and then anyone convicted under the

statue would have an opportunity to challenge their convictions. >> think those >> far more likely >> decision is that they will say that the statute as applied on these facts, the facts presented from mr. fisher, and therefore, similar facts that many other january 6 defendants would be able to present. it's overly broad in those circumstances. so what effect it wouldn't throw the statute out entirely, but it would prohibit its use from people who simply entered the capitol on january 6. and then engage in other criminal activity. and yes, if you were convicted only on this statute and it's ruled that it can apply in these circumstances those convictions would be vacated and they'd be let out of prison okay >> can you give us a sense of how this particular case on this particular obstruction charge will affect trump's january 6 case, the federal case my. >> guest >> sir, is it won't affect >> trump's case very much because if they let the statute stand and it's intended form

that is in the white collar context. >> it's a >> statute that's targets people who've essentially used documents to obstruct an official proceeding in trump's indictment. if you take the indictment on its face, they've if alleged that he actually used documents to struck the official proceeding. those would be of course, the false electors certificates and things like that. so i think there's likely enough facts in trump's indictment that whatever happens here, he's probably still looking at these charges it's fascinating to watch all of this happening the supreme court very busy with very many cases involving donald trump, andrew mccabe, i really appreciate you coming out tonight. thank you. >> thanks, sarah >> i had by donald trump's truth, social stock is plummeting again. will it hurt trump's bobottom line along with investors? >> cracked windshield, schedule would say flight and will come to you to fix it. this customer

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blown >> after a brutal couple of weeks for the former president's media company on the stock market, trump media announced today, they're jumping into streaming. that didn't help at all shares of truth, social's embattled parent company dropped more than 14% today it's second consecutive de of double-digit losses, it's now plummeted more than 70% from its all-time high just last month, a plunge president biden noted on the campaign trail earlier today you know, i have to say if trump's stock in truth, social >> company drops lower you might do better on my tax plan that is bored of that. get a laugh during me to help >> pulitzer prize winning investigative journalist david cay johnston. he is covered donald trump for more than 30 years. all right? so why is the stock dropping so quickly? >> because this company only had $4 million of revenue and

it lost $58 and honore announced he plans to sell millions of additional shares to raise capital. it's called watering the stock. it's like when a barb, what's water in the gin bottle >> so who benefits? can donald trump come out of this with a heck of a lot more money and server, can he come out? well he can't sell his shares. what he can do is pledge them for alone so let's say he gets 50% of their value and the stock eventually plummets to zero, which it will, in all likelihood >> his >> bank shorts the shares that they can cover from him when the stock fall they will get all the money back and if they loaned him 50% of their value, they double their money minus their costs am donald, the loan that he got, it's paid off when the deal is closed. so the only people are going to lose here are people like marjorie taylor greene, who does show their support for donald bought

the stock and are holding being on. >> all right. so there was this gentleman who has written about the washington post who put, i think something like $25,000 into the stock. and is watching it plummet, but he's sticking with it what is it about donald trump, a person who was always touted himself this big businessman who has also been bankrupt several times. what is it about him that donald donald is the greatest con artist in the history of the world. he persuades people to things that aren't true and they shouldn't believe are true and just a little point, donald personally is never filed bankruptcy right? four times his casino company filed. they pushed him out the door. they filed bankruptcy twice more and closed down. but everything that donald trump touches as a business eventually fails. he is not a businessman. he is a cash extractor his? >> name >> has been used. i know people by the name and put it onto on their buildings running for

president, of course, is not cheap. trump is facing all of these civil penalties and to separate civil trials. if the appeals don't go his way, and this is a huge amount of money that he will have to pay and now he's got all these other trials, criminal trials that are coming up. one whose which had already started with jury selection you know, trump. >> so well because you've >> covered him for 30 years, is this the hardest time this man has ever gone through? >> up, to this point, but it's going to get much worse. a donald is not a strong internal person. if he sees he's going to go to jail, even if it's for a couple of days because he can't conduct himself in court. he will have a tough time, a very tough time. >> wow. david cay johnston. >> i know >> you're a great author. you're a pulitzer prize winner. i'm thank you. it's just nice, just sitting next to you. that's great. >> thank you so much. appreciate it all right. and thank you for joining us. cnn news night with abby phillip starts right now.