this is just a falsifying business record case, even have even if it has great implications why there is reporting that they want to make this more about than just hush money it's getting in the way of an election, election. so why is that important? >> because if it's about a hush money that's not in a legal offense. hush money is not a crime falsifying business records, trying to challenge it overturn or impact of an election that's also the crime that bumps it to the felony. >> all right. jeremy saland for my hand, prosecutor. thank you so much for being with us, but we're about to see truly is history and with the magic of television, we are right next to you as we wait for this case to begin. >> thank you so much for joining us special coverage of the opening statements from the donald trump hush money trial starts right now in just

minute, people the state of new york versus donald j. >> trump started the main event opening statement hey, miss, you're looking at my picture in downtown new york. the courthouse and you hadn't soon the judge will gavel in and cmt the jury for the first ever prosecution of a former united states president. minutes ago, we watched trump walk into court after his motorcade arrived at 100 centre street. we expect him to stop for the cameras and talk before heading inside get up in the judge and the jury prosecutors will chart a roadmap of what they intend to prove, how they say the former president helm, the scheme to buried the details of a sexual encounter with adult film actress. >> in the final month, the 2016 campaign remainders cooper, new york, you're watching cnn special live coverage of donald

trump hush money trial. and i'm jake tapper in washington today, a courtroom collision filled with history shattering precedent, and a stock possibility that one of the two major candidates for president this fall will be a convicted criminal sometime soon the government and the defense will give two very different narratives about what happened been in that closing stretch of the 2016 campaign, prosecutors planning to present a mountain of evidence documents, and witnesses to corroborate it. all, alleging the donald trump as you near to plan to buy the silence and stormy daniels with whom he allegedly had a dalliance, and allegedly cover up what he did by falsifying business records now, the defense plans, campaigns, and altogether different picture to argue that the prosecution's case is built on puzzle pieces that do not fit together and built around the line hi of a convicted perjurer, michael cohen. >> the former trump fixer who has sworn to exact revenge on his onetime boss today, we may see a critical prosecution

witness named david packer is the tabloid mogul, who alerted the trump orbit. >> the daniels was shopping her story of a tryst with trump that's the first domino and the long chain of events that ended with trump facing 34 criminal felony counts today, let's get right back to anderson live outside the manhattan courthouse. anderson jake, thanks very much. >> i'm here. were seen as paula reid and cnn's kaitlan collins. i mean, it is a fascinating day here. paula, what do we expect just in the next couple of hours? >> well, you understand here's what should happen. we should see the jury enter the courtroom. sworn in, and then they'll get their mission from the judge. he will charge that give them instructions on the case. the burden for the prosecution. then we will get opening statements from both sides. they'll have these dueling interpretations of events seven, some odd years ago. now when it comes to the prosecution, they're not telling us who is going to do the opening. it also speaks so what are the security concerns around this case right now?

>> but they've been trying really hard to re-brand this case that everyone dub the hush money case instead, trying to reframe it as a case about the rule of law and whether trump broke it to help his chances in 2016? >> then the defense will have a chance to go. we've learned that their statement will likely be a little on the shorter sayyed would've been told the themes of their case, they're going to be look, there was no crime. trump is not involved at paperwork at this level. michael cohen was working for him doing legal work at the time in question, and since then, he is someone who now has a vendetta against trump and he's a convicted good liar. >> but i said that's what should happen to issues that we might have to deal with at the top of this hearing. the first is whether there's any other issue with the jury we saw last week one juror decided she couldn't do this. >> she just wasn't willing to risk to take the risks that are involved in this kind of work. and then we also saw another juror who are lawyers moved to remove from the case. so there's a possibility some other jurors may reconsider whether they're really willing

to take this on. that'll take time to deal with. >> and then the judge is expected to issue a decision about what exactly trump can be cross-examined on this was a big issue last week, lawyers are trying to prevent prosecutors should be able to talk to chomp about some of his other civil liability. if and when he would actually testify. and that's a big question. >> exactly. and according to my sources, this is something that they are still very much considering now, of course, he loves it when we get into the william won't he game but i'm told that he has learned lessons from his participants the patient or lack thereof, in the recent civil trials. and he is still seriously considering testifying, which is part of why they had to have this hearing kayla, what have you been hearing from the trump world that we may hear from him at any moment. >> i mean, he's just arriving at core. we will be hearing from him throughout the day that is kind of in the plan that they have hatched over the last several days of what this is going to look like. on his behalf before you know whether or not we hear from him actually on the witness stand, we will hear from them going inside the courtroom and leaving, which today's obviously going to be a shorter date. i think a big part of

what this is going to look like and what his team has been preparing for is their opening statement, which is going to be pretty short, pretty blunt, but they are trying to also charm and persuade these jurors just like the prosecution is trump for his part. his life is about to change when you walked that courtroom this morning for the next six weeks, we don't know what the outcome of this is going to be, what we do know that for the next six to eight weeks, potentially, he is going to be someone who sits in a courtroom who doesn't have a chance to respond in real-time in those moments as he is watching people who were incredibly close to him get up on that witness stand and say things that he disagrees with, that he contradicts, and things that are incredibly personal to have these allegations and these are people like hope hicks, his former top aide, and one of his closest confidants, michael cohen, his former attorney, david, who we may hear from today is going to be fascinating. this is someone that trump is known for decades. she used to publish a magazine called trump's style, and he may be getting on the stand to talk about trump's direct involvement in this agreement. >> he could be a critical witness in all of this. david,

who was the head of ami american media incorporated basically had a meeting with donald trump and michael cohen in the beginning of the campaign, essentially saying that he would help donald trump get elected yeah, i'll be your eyes and ears. >> and he did help him both to amplify stories that would help him. so stories that weren't great about his opponents. and also by suppressing stories that could hurt trump's chances. now when it comes to the stormy daniels hush money payment that was not made by ami or david, but they did help to suppress two other stories. another alleged affair with karen mcdougal, and then a story via dorman that turned out to be false, alleging that trump on pad a child out of wedlock, but these were two stories that was willing to catch and kill by the right, that's the term that was used internally. >> catch and kill, catch the story and then kill it. yeah. hey, the person pay karen mcdougal for the rights to her story, but never actually

published that story exactly. >> and he is such a perfect witness to kick goff this trial. he's such a colorful new york character like you said, he's known trump for decades, and he was so loyal to him. he wanted to help him in the election of course, ami has has admitted it to a campaign finance violation for the karen mcdougal payment and david had a non-prosecution in agreement, but he did help when michael cohen also pleaded guilty. so he's a central character and all of this, even though he didn't pay stormy daniels and facilitate that payment, he tipped cohen to the fact that she was shopping her story to help them surprised karen mcdougal is not that's not part of the charges here. the catch and kill karen mcdougal story, but it is going to be introduced as to try to show what patterns actually of, of killing unfavorable stories that's going to be the challenge for the prosecutors here. i mean, that is really the heart of all of this is they have to find a way to more directly link trump to this payment to these agreements, to this entire process. and that's why they're going to use those other stories to try to say that it was a pattern and notice how it came, right

before the election. and in this effort. and that's why david could be key. but, but i think big picture when you look at what trump he's been saying, is he his mindset going into this? he's complaining about the gag order incessantly. i'm told privately the idea that he can't directly attack the judges family. the prosecutors in this case, he can go after alvin bragg, but not other members of the team. that isn't something that we'll talk about more tomorrow, but it has been a big thing of his the other thing interested, there's a lot of security outside the courthouse. understandably, we saw what happened last week. it is a former president who is going on trial. trump has been complaining that his supporters, when there's only a few dozen, it's not a huge group because we've been live outside the courthouse for several weeks now. that they can't come closer to the courthouse because he he is viewing this all through the lens of the campaign trail and what that means going into it and the fact that they are kept cordoned off a bit of a distance so people can get in and out of the courthouse has been driving him crazy all right. >> kaelyn will be back here. jake, let's get back to you in washington. thanks. anderson so

obviously a big dairy and beyond the legalities of it, which i definitely want to dive into as well are the politics of it. donald trump is the presumptive republican nominee for president, dana bash. how is he going to handle the fact that he is? campaigning at the same time, he is a defendant. >> not well, by all accounts, not happy at all. i was just talking to somebody who was a very involved in his political world who said that the way that they're going to structure the strategy is they're going to take their cues from the legal trump legal world, meaning what we are going to hear from the trump attorneys inside the courtroom is going to be echoed rather quickly by his, his political campaign. and that's obviously in part just to kinda get the, the echo chamber out. but it's also because there is frustration in that comes from the top, that comes from donald trump about this gag order that they were talking about a new

york that we've been talking about weeks. now because it does limit just on the rod politics of this. it does limit them in their ability to let say there's a witness and they want to put some dirt out on the witness. >> you can't do that because the gag order and i was just talking to laura before we were talking on air. >> the gag order doesn't allow them to do that. and the one thing i will also add is that a sources familiar with trump's thinking told me this morning that he is just mad at the world, that the world, and he's in the courtroom and jaime again go, this is a guy who is very used to control everything. it must be frustrating for him to not have any control of all these events. >> i think lack of control is going to be the key thing that we watch over the next four, six weeks the other de the judge told him to sit down. he's not used to people speaking that way to him the other thing is, donald trump is really not used to starting his day at nine or nine, 30 in the

morning. he famously would not show up to the oval office until 11 or 11, 30 he is going to be having to show up in court, is called and stay. the other thing is the jurors are going to be watching him. they're going to be watching every move i think over time the question is in-person, is he bigger than life or is he diminished? >> one of the potential jurors who was dismissed came out and said to us you know, he was just some guy just some guy let's dive into the legalities of it. all law codes. what are you expecting to hear from the prosecution today? >> well, they've got to hit the ground, not just running, but sprinting a lot of this in the facts had been known to some degree, he will know who's drama daniel's as they know who michael cohen is, they know who david or least national enquirer as they know donald trump. and so the prosecution is going to have to figure out a way to suggest that this is somehow different, that they is delete with their

trump's, so to speak. and this is not a personal matter between a man trying to hide it from his wife. it was an intentional at trying to defraud people by having falsified business records that form these invoices and what not and prove it. there was actual criminal activity here. they cannot rely on a little bit of innuendo or suggestion, or maybe even a dislike for him and the political space they have to prove their case& they've got do it pretty quickly to head off or will be the opening from the fans which will surely try to show this as a political win. >> elie honig, what, what about the defense was expecting to hear from them? >> so first of all, they're going to argue they have to prove their case. the prosecution bears the burden of proof, not just probably not just more likely, but beyond a reasonable doubt. and the defense is going to argue they cannot do that the defense is going to argue this is an ancient decrepit sort of dragged up out of the depths paperwork case from eight years ago and they're going to say it's built on the back of a proven admitted liar, michael cohen. michael cohen will be a central focus of both oh,

openings today, but especially the defense they're going to say this is a guy who doesn't just hate donald trump, doesn't just spew venom at donald trump, although he doesn't for a living, that's his job right now, is to hate donald trump's. so he is as biased as a witness, can get the defense will say and they will say this is a guy who has lied to congress two courts, to the irs to doj, and he's such a liar that he piles his lies on top of lies because he pled guilty to all those lives. and now he says he was lying when he pled guilty to those lives. so folks on the jury you cannot convict another human being and potentially take away his liberty based on the word of michael color. that's a little bit of a preview of what i think we're going i see from the defense, karen, what are you going to be watching for today in opening statements? >> so the prosecution has to lay out their case. they're not allowed to make arguments, but by law they're required to lay out the elements of their case and what they intend to prove. but you're going to see them sort of teeter on a little bit of argument to make some of the points and counteract some of the points that lie jess made

because they go first and so they're going to anticipate what the defense is going to say an opening and they're going to want to take the sting out of any of the arguments that lhs talked about. >> very interesting with opening statements in donald trump's first criminal trial, just minutes away, we're going to get, uh, judge's perspective. from someone who's known the judge presiding over this case more than a decade. that's ahead the sinking of the titanic. >> how would really happen? >> special too well with premier sunday at nine on cnn, if advanced lung cancer has you searching for possibilities, discover a different first treatment immunotherapies work with your immune system to attack cancer, but up devo plus your voice is the first combination of two immunotherapy these for adults newly diagnosed with non-small cell lung cancer that has spread tests positive for pd-l1 and does not have an abnormal egfr or alk gene up devo plus

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want to give you a live look right now inside the hallway that leaves the room, we're opening statements well happen shortly. >> are watching scene and special live coverage of donald trump's hush money trial. it is dave five in the proceedings against the former president of the united states cnn chief legal analyst laura codes and cnn senior legal analyst, elie honig are standing by the magic wall to preview what we can expect. laura. well, there's big news, russ, now the prosecuting team just walked into the room. >> of course, le they have alvin bragg, who is the manhattan da sitting right behind his team in the courtroom, but he's not the one actually trying this case. right? >> alvin bragg is the district attorney. he'll not be actually doing the arguments in front of the directory. but as we're seeing right now, he will likely be there throughout the trial to support his team. here is the team. these are the three lawyers who are gonna be leading the prosecution. joshua steinglass, matthew colangelo's susan hoffinger. they're all experienced veterans, defense lawyers in some cases, experienced prosecutors. we don't know exactly which one of these three is going to deliver today's opening, but it will be one of them. but to add the

course to trial, we just hear from each and every one is likely maybe different parts that colangelo's has been a big figure though, in terms of the trump campaign, right? >> yeah, he has been the focus of donald trump's unfounded claims that this is somehow joe biden's doing because matthew colangelo was at the justice department before he came over to the de no connection whatsoever. >> keep in mind this case is not about just an alleged affair between may daniel's was of course, trump has denied this is about at its core, they have to prove election interference. >> so listen for this theme today when the prosecution gives its opening, they're going to say this is not about a paperwork crime. this is about an effort by donald trump to hide those hush money payments from the american public in the closing days of the 2016 election. and therefore to interfere with the 2016 election itself, that will be a key theme when the prosecution opens in a few moments the house i expect them to do as prosecutors, they have to front michael cohen. they have all know this figure. we all know michael cohen, the fixer, the attorney. he will be a key witness. they will tell the jury you're going to hear from michael cohen. and one thing that the prosecutors are

going to do is they're going to have to as we say, pull the staying, they're gonna have to say look, folks, you've heard, you will hear that he's pled guilty to perjury and other crimes, but the prosecution will argue now he's come clean. now you can bank on him. we also expect the prosecution to look forward to who it's other key witnesses will be to introduce those to the jury, including david, who we expect to be the first witness today, just to be clear, i'm pointing out here karen mcdougal, who is somebody who was allegedly paid $150,000 by david. but she hurricanes was not a criminal charge foundation. it's about stormy daniels payment. that's an issue here. exactly. right. and the evidence that mcdougal will be introduced by the prosecutors to show that this is a pattern. one more key theme we'll hear from the prosecutors. they will say that everything you hear of importance for michael cohen or everyone else is corroborated. prosecutors love that word. corroboration. it is backed up by documents including, but not limited to the checks that donald trump signed that we're used to reimburse michael pollan for those hush money payments. they're going to say, you don't want to take

any of these witnesses at their word, look at the documents. >> and in fact, able only aid the credibility rehabilitation as someone like michael cohen, if it's really in front of them not having to trust just him exactly about the defense, though they're going to have some pretty strong arguments, at least in the opening to try to undermine whatever case they have. yes. so the defense will open 2nd. todd blanche, former federal prosecutor peter colleagues with alvin bragg. i worked at the southern district of new york with both of them, todd blanche is expected to give the opening for donald trump. the first thing that i expect him to say is the burden of proof, is there's that's on the other side of the courtroom. we defense don't have to prove a thing. they have to prove their case beyond a reasonable doubt, which is the highest standard known to our hey that's important, especially because this will determine whether or not trump will actually testify or dispense want to put on any case because if they have not made the burden of proof, they may not put on any case. yeah. >> key points are going to of course, attack michael cohen, say he's a proven liar. they're going to say the crime here, the falsification that was done by the accountant, allen weisselberg, that was done inside the trump org and

finally, they're going to say donald trump's motive here and paying stormy daniels was not to impact the election, but was to protect himself and his family. >> that's gonna be a really key point when you get back to as well, i want to go back to anderson in new york laura, ellie, thanks so much. i want to bring in judge joan khan visor. she's a recently retired judge, is known judge, one more, sean for more than 15 years you i've listened to countless opening arguments. >> what what's the most important thing for opening arguments for both the sides today well, interestingly, an opening statement is really the first time i'm jurors get a chance to understand the meat and potatoes of a case. >> and so it is important and there's an adage that people remember best that width which they your first and last. so an opening statement really does provide a framework, a roadmap for what the evidence will show. the people do go first, they'd give the first opening statement because they have the burden it is up to them. >> as let's just listening to to fear, it's everybody knows

that. i'm here instead of being able to be invincible mania and georgia lots of other places campaigning & it's very unfair for julie, the poll numbers are very good. they've been going up because people understand what's going on. this is a witch hunt and it's shame. >> and it comes out of washington in in coordination with washington, everything including the da's office. >> it's in coordination with washington. i just want people no, i understand that this is done for purposes of hurting the opponents of the worst president in the history of our country. second of all, we have another trial going on right now. that's notation good. james, she campaigned at the fact that i will get trump upper against trump and it has to do with a bond of $175 million. first of all, she doesn't want me to participate. with, financial companies in new york. so we have a company i guess based in california and somebody company. and i put up 175 million in cash when she says the bonding companies not good,

she doesn't like the bonding company because she doesn't know if the collateral is good. and i put up 175 billion in cash. she's questioning the bonding company. well, when you put up cash and the number is 175, which is what we're supposed to be putting out. >> but i give it a cash or she shouldn't be complaining about the funding company. the bottling company would be good for it because i put up the money and i have plenty of money to put up, but nobody is going to be putting up with this. >> nobody is going to be listening or coming to new york anymore businesses are going to be fleeing because people are treated so badly. it's got to be the most unfriendly place to do business. and that's why businesses are leaving and people are leaving as migrants come in and take over our parks and our schools, and everything else so on the letitia james kay, she's the worst attorney general in the country, by the way. odd. letitia, and she keeps a lot of business out of new york and businesses that are here are leaving and that leaves jobs and a lot of

revenue somebody going to step in to government or somebody has to step in and do something because your business aflame. >> but letitia james, the money was put up. >> it's 175 million and i don't think she's complaining about me for the first time ever. she's complaining about the company but why would she be doing that? when i put up the money so i just want you to know that let's take place in front of an extremely crazed judge and it's the most overturn judge in new york state. he was overturned four or five times, or that case that's you know, who it is or not to mention names. i want to be nice i want to be very nice. >> but i think like that i think like what's going on right here? >> we should never be happening. it's a very, very sad de, in america. i can tell you that. thank you very much former president speaking before going into the courtroom, galen episode, we've heard these kind of statements, but what just to everyone

who's drinking their morning coffee, i'm wondering what he's talking about there at the end. >> a judge, judge engoron, as separate judge, is this morning during and assessing the credibility of that bond that trump put up in his civil fraud case. that's what he's clearly is very preoccupied with their and what he was talking about. the other argument though, is the one that his team is kind of coalesced or rather, when they say that they are going to be making for the next six, eight weeks. and if trump is convicted in this case, continuing to do it on the campaign trail, which is alleging that president biden is in charge and coordinating this entire investigation is the reason donald trump is in in the courthouse on criminal trial right now. obviously, none of that is true when all of this was coming to light, the facts of what donald trump, david of michael cohen had done and talked about with these payments for biden was in delaware. he had just left the white house, and so he was obviously not involved in this. this is a case that was brought here in manhattan. trump was indicted by a jury here a grand jury here are the heard the evidence here, and now it's going to be a jury of 12 people that will decide his ultimate failure. but politically, they

believe that's going to be their best argument, even though it's not true, it's going to be the idea that this is directed is ludicrous. this is often referred to as a zombie case. this is a case that has been around for awhile. it just sort of i mean, it just took a long time. it would kind of go away and then i would brag would come back to two different districts. before bragg was even, the district attorney here a minute and sorrow civilians was the manhattan district attorney here that was dealing with that. i mean, this was a case that they were questioning how to bring it, what it would look like. the question of whether the civil fraud case would be brought as a criminal case? so things that have been around for a long time, there were questions i was covering the white house in 2016, 2017, whether or not this was illegal campaign contribution with these payments. >> judge isar, we're talking about opening statements and i know after a lot of trials, you would interview the juries that in your cases how important do they think the opening statement is? is that really what, what registers? >> i don't i don't know the precise answer to that because i don't think we discussed

opening statements often with them, but i do know that that width, which is said first, is often very important. because it is the first time they get anything significant about the case other than just simple rhetoric. and i think the opening statement for the people here will be their weaknesses which they have to approach and turn them into strengths by saying, you don't have to like michael cohen, we're not asking you to take him to dinner. we're asking you to understand why he's telling you the truth today and they will then go through each and every witness and they will very painstakingly point out why michael cohen has been corroborated by other pieces of evidence and other testimony in the case. let's talk about the judge judge merchan, you've known him for it for a long time? >> i'm wondering, what do you make it, how he's handled things that thus far, i think he gets an a plus. this is a fishbowl of a trial everyone across the country, across the world is watching what's going on in this unprecedented and unique situation. he's managed to keep his cool in a very

difficult set of circumstances. he's rendering decision gen. after decision, working overtime because he's getting inundated with motions. he's a public servant that the rest of new york's should be grateful that he's embarrassed, ploy the interests of the assault sees his face from the defendant. have you seen something like that before don't think to this degree, mainly because it's so magnified and it's on every news channel and everyone's talking about it. but to be fair, defendants often to crazy things in courtrooms. >> i have seen in my own courtroom, defendants flip tables, spit, throw, other things punch their own attorneys, or go after the court officers. this is not a beautiful business where it's an ugly business sometimes & a point is to make sure at the end of the day defendants get a fair trial to which they are entitled. if they're convicted, they'll be fairly sentenced. and if there not,

then that's the end of it. >> we all live with just kind of visor. thanks so much. appreciate you. take back to you. thanks. andrew sin, cnn's kristen holmes is outside the manhattan courthouse for us. she has been closely tracking what's happening inside the former president's political orbit. kristen yeah, jake look, they're trying to utilize every aspect of this to try to make it like a campaign stop. as you just saw donald trump heading to the cameras, they really believe see that this trial de was never going to happen, that eventually all of these delays would pay off and there would be no trial before the november election obviously, they are now resigned two the fact that this is where we are, he is going to be in this courtroom four days a week, and he's going to take advantage of going to the cameras, but i'm telling you when i'm talking to the senior advisers, they are just unsure that that's going to be enough. they are trying to figure out ways to keep him on the campaign trail, keep him interfacing with voters, even if that means keeping him local to new york and various areas like outer burroughs, staten island, places that he won in the election or at least is more popular. now, what we did see was a politically motivated

stop at a harlem bodega last week that was celebrating graded by his gene. but then they were dealt a blow in north carolina when he had a rally that was canceled because of whether and when you talk to these senior advisers, some of them insist that this is going to help donald trump in the long run that being in core people are going to see that this is unfair. but i did speak to one adviser who told me that that's just not entirely the case. they believe that they are in uncharted territory. they know that anything could happen at this time and they believe that he needs to get out there on the campaign trail. they are doing what they can do. they are making the most of him being in trial. but this advisers said they would really rather be focusing elsewhere, jake. >> all right. kristen holmes, thanks so much. and i just want to point out for viewers on the left side of the television screen, you'll be seeing live updates from our reporters inside the courthouse will be right here. there it is as play-by-play will will come& we'll bring that to you and you can read along. i want to bring in right now will scharf is a trump attorney and republican candidate for attorney general in the great state of missouri

mr. sharaf, good to see you again we are told that the defense opening statement will be about 20 minutes long. prosecution, 40 minutes. what do you expect the defense opening statement to focus on? how are they going to try to frame this case for the jury on behalf of mr. trump jake, we're looking to focus on the facts and cutting through all the sensationalism, all the sort of lurid details that have been aired in the media for years is going to be difficult. >> but at the end of the day, if the jury just looked at looks at the facts that will be in evidence, we believe we have a winning case. i don't think president trump did anything wrong here. i think the business records in question were accurate. they accurately reflected payments to an active attorney for president trump. and if the jury is just able to cut through all the noise, we think this is going to be a great trial for us. >> so just for those who are uninitiated in some of the details of what mr. scharf just said you're suggesting that the payments that mr. trump made the michael cohen says, we're reimbursements for the

hush money payment he paid to stormy daniels, that those were not reimbursements. those were actually just retainers for michael cohen, correct? >> what's at issue in this case is business records is entries and president trump's personal ledger that reflected payments to michael cohen as legal retainer payments. it's worth noting those entries were made by a mid-level trump organization official in trump tower while president trump was in the white house running the country, it's also worth noting that michael cohen was president trump's lawyer. and that therefore we believe these records were both accurate and not made by president trump, and those are two fatal problems with the prosecution's case. so again we believe if the jury is able to dispassionately just view the facts and evidence in this case this is a winning case for us president trump did nothing wrong how much of the defense strategy is based on undermining the credibility of michael cohen, who as we've

mentioned earlier in the show, has already been convicted of perjury yeah. well, as you know, jake, i'm currently under a gag order. the judge in this case entered a unilateral gag order preventing president trump and members of his team from saying certain things about witnesses, from commenting on potential witness testimony. as you alluded to, though numerous previous courts have bound michael cohen to be a perjurer. and obviously that's something that will be thoroughly mooted and aired in court. and at the end of the de as i said, if we if we can just focus on the facts and if we can drive home, what the facts actually are to the jury. i don't think any of this other noise is going to end up mattering. >> you said you think mr. trump should testify in this case, but isn't that kind of risky. >> i mean, the last time he testified before a jury was in the new york fraud case, did did mr. trump learn anything since then i've never said president trump should testify. >> that's that's gonna be a choice for him and for his

legal team. after we've seen how this trial proceeds, i have said that i think president trump will be a compelling witness if he does testify. because at the end of the day, he did nothing wrong. the facts are on his side and i think that his story is a compelling one here. but that's gonna be a decision for down the road based on how trial proceeds. and i guess we'll just have to watch that one play out all right. >> well, scharf, thank you so much. appreciate your time. let's go to paula reid up in new york, kuala jake, we're getting some news from the courtroom right now as we predicted, at least one juror hur says he or she has concerns about media attention in this case, uh, judges said he's going to talk to this juror in chambers, but this was one of the concerns all right. >> so that we had going into today, if any other members of this jury would after giving it some consideration, decide that they cannot take on the risks associated with this task. so it is unclear if his der will

remain on the jury. he or she is going to talk okay. to the judge right now. and then court will resume now, it's interesting court today was supposed to go to two. that's an abbreviated day at recognized passover, but instead it's actually well, i gotta go to 12, 30 because one of the alternates has a dentist appointment. so, judge said that he is going to allow that alternate to go to the dentist appointment, saying we can't afford to lose one for alternates& pretty remarkable to i'm i'm curious to know where the former president thinks about having to stop today at 12:30 because of a drugs dentist one, and the fact that he can't attend thursday's historic supreme court arguments on presidential immunity and there's an open question about whether he'll be able to attend his son's graduation. >> the judge said hill, consider that, but look, he's a criminal defendant. he has to attend every single day of court unless he gets a waiver, but the jurors and judges signal he's going to work around their schedule. >> but also this is an alternate der what's important to the judge here and what he's talking? >> but he wants to get this over with. >> he does not want to delay this trial any further.

obviously, that was clear by the last six weeks of our lives and what we were watching with trump's team and what was playing out. he wants to protect this alternate juror for be able to keep them as part of the alternate group of jurors. and that's why you saying he wants to accommodate this first senate to end early. >> but here's the real news that is coming out of this. >> is this who is expressing concern about the media attention that these jurors are getting. obviously, the judge has since said that the media has to be careful that people in the courtroom have to be careful with how they identifying information for these jurors that we know where they live, what they do, what media they consume. there's a lot of information about them that we know. and i think what people walked into this going for jury duty to sit reporting, responding to a jury summons & a, realising the level of media attention that this case is going to get. the de as a byproduct of that are going to get and they're sitting in that room. donald trump is just a few feet away from them as they are going to be in this case. and obviously that is a concern for at least one person who was partially they've had the weekend think about it to kind of let it sink in the

repercussions of it to talk to friends and family, and to see what that means. >> we're also getting our first image of trump. >> i'm told will will put that up pull it inside the coordinate and pull it. can you just explain a little bit? the first image we're getting today of him inside the courtroom on the left-hand side of your screen, we're seeing information coming from inside the court. can you just explain who is sending us that for our viewers? >> quite the operation because there are no cameras are allowed in court for this historic case and so instead, we rely on our colleagues, so we have one colleague inside the courtroom, kara scannell she's sending us information. we also have two other colleagues, jeremy, herb and lauren. lauren del valle. it yes. they're sending out notes to us and real time and it's quite difficult to hear this process. it share it with three different people. they do an exceptional job keeping us up to date on exactly what is going on. so caitlin are looking at our phones. that's what we're reading reading the feed from our colleagues and that's what are your viewers

are seeing on the screen those are notes from our three colleagues inside. >> so you have a minute by minute, second by second. i'm going to count. >> and also, i think just the dynamic for trump. obviously there's no cameras in the courtroom that's how we're relying on our colleagues for these updates, but the dynamic and the courtroom trump it's not surrounded by his political aides like he typically is, or friends, or family, or allies. he's got his legal team, but everyone else is seated towards the back of the courtroom. so he's not able to confer with them. he ceded there next to he's got three attorneys in the room with him. >> and i think that picture there just speaks to the moment of what donald trump's life is about to be like where he is not a control of his schedule or his environment, are able to respond in real-time. >> three things that he prioritizes and values and typically is used to capital eyes off of as since he was in the white house when he was on the campaign trail. and even as a businessman, here in new york, his entire life is changing for the next six to eight weeks. now that he's in that courtroom and this is going forward and the judges in charge of the schedule, not donald trump. >> it's going to be very

interesting to see what happens with this juror who's now consultant, now appears that we have an answer yeah. we haven't answered that. the juror is going to remain on the panel, just returned from this side room where he went he or she went with the lawyers and the judge and they've come back i can say that this juror is going to remain with us. so whatever concerns this juror had, the judge or the lawyers are apparently able to allay some of these concerns if they had lost that alternate juror today that would have been not only obviously, one less drawing, they could call on if something goes wrong, but also it could have influenced other jurors to start only start to question whether they wanted to serve. >> yeah, i'm actually surprised that only one person has withdrawn from this case when you think about the enormity of the exposure, the attention, the risks for you and your family. i mean, this is something that the judge has topped about why these short jurors are going to be anonymous if you wanted to protect them from this environment of intimidation, it's actually surprising to me, we've only lost one, almost lost one today, but

she's it's going to remain also just if this issue is resolved is not going to be an issue. we are going to get to the opening statements. the prosecution says there's going to be about 40 minutes. todd blanche, which is trump's defense attorney, who will be making there's is going to be about 25. so this will be a little bit shorter and for our viewers, obviously, our folks in the courtroom will be sending out those opening statements line by line as much as possible. so you can follow all along already this morning. courtroom complications and down trump's hush money trial, the sidebar with the lawyers just ended after as you just heard, a juror expressed concern about the media attention on this historic case that der is staying on the case so every much more seen as especially the live coverage after this quick break with car gurus, you can start your financing from home the only you could do things your way. you could do things your way. all the time maybe someday dad

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when we say it will be on time they expect it to be on time turn shipping to your advantage if those expectations with reliable ground shipping thanks, brandon. with usps ground advantage and welcome back to cnn special live coverage. court is in session in the hush money cover of prior all of donald trump but any moment we expect opening statements to begin the prosecution has estimated they'll take about 40 minutes. previewing the case against donald trump. her defense says it'll take about 20 25 minutes. let's get straight to cnn's paula reid in manhattan. paula, a lot has happened in just the past few minutes. get us up to speed so right. >> now the judge's revealing his decision on what specifically trump can be cross-examined about last week, there were arguments where trump's lawyers were trying to block process it's a peters from being able to talk to their client or asked their client questions about at least three civil cases that he has

been involved in. now, of course, is unclear if trump will definitely take the stand. this is what called a sandoval hearing, where you get out of the way at the outset, what specifically it is that prosecutors can ask a defendant if he or she takes the stand. the judge revealing that right now is unclear what he has decided. of course, the other big news from this morning is that juror number nine said they had concerns about the media attention in this case. but after meeting with the judge and lawyers that juror has decided to remain on the case. >> all right paula reid. thank you so much. appreciate it. let's talk more about this case so first of all, explain again what the sandoval hearing. >> yes. yeah. sandoval hearing of the fancy way of saying before a defendant has to take the stand or as an option, take the stand. >> they get to know what you're going to ask them. are you going to go about issues? i do or do not want to talk about, it's all about what's called, what's probative versus prejudicial. >> and anything that they have to warn them about are just legal matters. >> well, it's it's basically a

category called prior bad acts, things i'm going to raise about behavior you have been engaged in are alleged to behavior and/or criminal trials or civil trials rather different and then about whether you'll be questioned to try to undermine your credibility. >> it's not for the jury to say, listen because this person did x, y, and z bad, they must have done this crime. >> it's to give greater context, especially for a pattern of behavior in this case, largely around the idea of maybe a karen mcdougal and giving her money initially or a bad a catch and kill all or about falsifying business records in the past, it gives some idea for the actual jury of what he may have been doing in this context. >> so one of the things that the prosecution wanted to bring up ellie and karen is the access hollywood video which we all remember from october 2016, not a pleasant bit of business there for mr. trump or for billy bush for that matter explained what the jury what a judge has ruled on that matter. >> so the prosecution wants to introduce evidence of that

video to go to donald trump's intent. they're going to argue the reason why he really wanted to silence stormy daniels is because the access hollywood video had just come out. we'd all seen it. his campaign was reeling and he was trying to recover the judge has sort of i think given a bit of 50, 50 ruling here, the judge has said, we're not going to play that tape that we've all seen many times for the jury. they're not going to see it. they're not going to hear donald trump say in grab them, et cetera but we will introduce evidence that donald trump and his team in knew about that tape and their reaction to it. so the jury will know that the statements were made, but they're not going to hear this sensational tape itself. >> and we know right now is judge merchan is reading his decision. >> trump is sitting back in his chair not reacting to the ruling. you see that right here on the left side of your screen. live feeds from reporters inside the courtroom. here, and what do you think? that ruling standing by the ruling. i'm not going to allow you to show the video, but you can provide a transcript and you can allude show evidence that alludes to it. >> so the judge is doing exactly what he's supposed to be doing, which is allowing admissible evidence or

probative evidence and without it being overly prejudicial, because that's the balancing tests that he's talking about when he says that that sandoval gives him a wide latitude in terms of discretion and what he can do. the prosecution says these are all the things i want to talk about all the prior bad acts then the judge and then the defense of courses these we don't want you to talk about any of them. and then the judge balances it and says, okay, i'm going to sanitize some of them. so that's not overly prejudicial, but i'm going to let you talk about some of them because it wouldn't be fair to, for example, let donald trump get up there and testified that he he was not held in contempt in the judge and garan case. >> i'm going to throw it back to anderson who as far as i know, is the only person in the world who has interviewed karen mcdougal and stormy daniels and donald trump this told me that is probably the case i want to bring in stacy schneider. >> she's a criminal defense attorney& a former apprentice

contestant how important do you think it is the way trump behaves in court today? >> oh, it's crucial. so the opening statement is going to be like a movie trailer that's rolling, telling the story. the prosecution story of the case with all of the evidence and all of the witnesses and what they're going to say and while they're speaking, the jurors are going to be watching don i don't trump's reactions and if it's anything like last week during jury selection, it's going to be a real problem for him because when this is going to be a very embarrassing situation, obviously we all know that the allegations of his affair with the adult film star stormy daniels are a crux of this case. >> it intermingled with his business and he has to sit at that table & actually be quiet, be respectful. >> likability is key in the criminal court. he can lose some of those jurors before the evidence even comes in. if he acts out and lawyers really need to tell him unlike jury

selection, sit up straight, look at the judge when he speaks don't smirk at the jurors, don't glare at the jurors and when this embarrassing information comes into court, keep your face neutral because they are watching his every move and they need to like him to listen to what's going to happen. >> we kind of got a glimpse of trump having to listen to the judge here, went on friday, trump thought court was over that trump the judge was told him to sit down and trump did he has acted so far differently in this case. then you did in the civil fraud cases yeah. >> this is a completely different arena for him, even on friday hey, day when he came out of jury selection, that whole week of jury selection, i saw different donald trump than i've seen before. >> in what way? >> well, he got up in the middle of his daily press statement about how who was being politically prosecuted. he complained about the air conditioning judge merchan's courtroom, and that's something

a grandpa would say. i would never expect donald trump to interject that in the middle of his criminal trial. hi, all. but i think this whole process for him is so out of control. >> i mean, even the opening statement, this is going to be the first time maybe in his life that he cannot control them narrative. >> and he also can't sue the prosecutor for anything negative that they say about him because the opening statement is protected speech. and trump is known to go after late night wouldn't do you think you opening statements are for the jury? i mean, how much of the jury makes it an impact to how big an impact as it may, it's an opening statement can make so break the case. sometimes as trial lawyers, we will say, you win or lose your case in the opening statement because, you know, if the jury's on your side, you watch the reaction actions to what you're saying about the evidence you the defense also watches the reactions when you come back with the opposite story of what the prosecution says. so it's crucial what is said today. and

then next 40 or 60 minutes, just speaking of trump's body language already the judge is going over what prosecutors would be allowed to ask trump about if you did testify and the judge said that he would be allowed to ask, they would be allowed to ask about the violations of the gag order in that civil fraud case. the judge that trump has just complaining about 40 went to the courtroom trump was seeing shaking his head as the judge had found that he had violated that gag order. >> this is schneider. thank you so much. good to have you on. >> were moments away from opening statements in a trial that could ultimately make former president wants to be our next president. a convicted felon. >> all the breaking details are coming up after quick break every weekday morning, cnn's five things has what you need to get going with your day. >> it's the five essential stories of the morning in five minutes for less. >> cnn's five things with kate bolduan, streaming weekdays exclusively on macs businesses go further with 5g solutions.

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start of opening statements in the hush money trial, donald trump judge, wants preview of the case against the former president prosecution plans to run the man and women on the jury through trump's alleged scheme to hide a sexual encounter with stormy daniels in the final stretch, the 2016 campaign, the defense will likely lay out their version of events a version of events in which donald trump had no knowledge of payments alleged meant to silence the adult-film actress so i'm gonna go straight to that. cnn's paula reid are joining me here along with kaitlan collins. so paula, we're getting our viewers who are just joining us minute by minute accounts from our three correspondence in the courtroom and in the overflow room that would viewer gonna be seeing on the left-hand side of the screen exactly. >> and we're getting updates after our own slack channel here. and this is it. the jury yes, he they are now getting

their instructions from the judge. he is walking them through what they're going to see, starting with opening statements. he's explaining the prosecution will go first, then the defense. he's going to explain the burden is on the prosecution. in fact, there's many parts of this trial the defense doesn't even have to put on because again, the burden is that of the prosecutors. he's also going to talk often through how they should operate throughout the next five to six weeks. he's going to tell him not to talk to anyone about the case, right? don't read anything about the case. so this is going to be their mission statement. he's laying out what the job entails should take maybe about half an hour and then we're going to hear opening statements from both the defense and from the prosecution. >> that's exactly right. now. prosecutors will go first. and as i said, they're trying to re-brand this case from the so-called hush money case to an election interference case. and we heard one of the prosecutors last week layout that he's he wants to convince the jury that this is is it about so-called hush money. this is about the rule of law and whether trump broke the law in order to help

his chances in 2016. now that we're going to go from the defense and the defense is going argue trump wasn't involved with paperwork at this level because they're going to argue that this is just a paperwork crime trump had people to handle invoices and such things for him also argue that michael cohen was trump's lawyer at the time in question. he was doing legal work for him and also then of course, they're going to try to completely undercut the credibility of michael cohen. >> we know that the prosecution company statement things about 40 minutes. defense says there's going to be about 20 minutes. the judge's giving the instructions now, which may be 20 there are so minutes. it's very possible. we could get the first witness before the stop, the break of this trial at 12:30. >> well, and that's certainly what the trump team expects that the first witness will be brought. now, it'll it's expected that the prosecutor shall bring their first witness. they will start asking them questions. it's not clear that today we'll get to the cross-examination where trump's team gets to ask whoever the first witnesses this will we do expect to be david as we were talking about earlier, the former publisher of the national enquirer, to be

that first witness who can speak about direct conversations he had with trump. but just to note, as the judge, it's pointing to the jury how this is going to work, what they need to rely on, that it's not what he says that is evidenced. it's what the actual what is presented to them that is the evidence that they decide this on trump is in this room with the 12 jurors who are going to decide ultimately what happens here. and he's someone who the jurors last week because they're being brought in, were describing that he was waving and some of them and they is they came in. he was viewing this in the way that he does really the lens of everything right now, which is through this kind of campaign lens of someone who thinks he's his own best campaigner. izotova spokesperson, and his own best attorney relate and so we're getting these quotes from the judge right now, as he explains what the jury has to do, and he says that you must decide this case on the evidence. and he tells the juror is to remember that what lawyers say is not evidence. he says that evidence includes documents testimony physical evidence. it is the

question with the answer that is evidence. so he's laying out exactly what they have to do as they contemplate these charges over the next five to six weeks, he says i remind you throughout these proceedings that the defendant is presumed to be innocent. and of course, mourn present. trump has pleaded not guilty and also denied the affair with stormy. >> well, and also our reporters say that trump's eyes are closed. >> is judge merchan is read eight of these directions to the jury. i think it's also just a reminder of how tedious a lot of this is going to be for the former president to be sitting there as he is listening to all of this. and then of course listening to those opening statements which will be in prosecutors words of his actions yeah. you can continue to fall across a follow on the left-hand side of your screen, the notes from r3 folks inside the courtroom, 20 me now, criminal defense attorney or their eye dala, you represented some very high-profile, controversial defendant and it's harvey weinstein, rudy giuliani how do you approach opening statements in a case when the jury knows your client and he's one of the most famous or infamous people in the world.

>> while you try to make your opening argument as close as you can to your to your closing argument. it's almost like a summation. the first thing i would do here is i would listen intently obviously to the prosecutors opening and then try to pull something out of it. and my first line would be like your heard was she just said, well, let me tell you this and then attack you want to try to make a connection with those jurors. you want them to like you i believe todd blanche is the one who's doing the opening. you want to make some kind of a connection with them and you're just wanted to attack, attack, attack. you can't believe michael coach, you can't believe stormy daniels. and then you want to embrace yourself with the judge and what the judges instructions are i'd say the judge is going to tell you this and the judge is going to tell you that and we agree. and if you listen to the judge, there's no way that they can prove their case beyond a reasonable doubt. and the only verdict you can reach is one of not guilty the prosecution were

told opening statement are going to be about 40 minutes and defense about 20 is keeping it short better it really it's it's a real strategic decision. anniston and i knew i know susan necklace is one of the attorneys here and she's a masterful lawyer i mean, i'm sure they've spoken about this. >> i'm sure they've vetted it. i'm sure they've done a little moot arguments you know, my approach is to really go hard in the opening statement. years ago, the new york times did a study and jurors found that 80% of jurors found that whatever they thought the verdict was going to be after the openings was their verdict, 80% so i looked at opening statements as an a tremendous opportunity to really swayed juries over to your side or they're just hold on. >> i want to get some more information from inside the court. what are you hearing? >> so we don't have too many updates beyond just talking

about the burden of proof and the judge's emphasizing that the burden of proof is always at the prosecutor. it never shifts to the defendant. and if the burden of proof is not met, the judge reminds the jurors that they must find the defendant not guilty arthur, i know you said that if you were on the trump defense, you wouldn't be looking for an outright acquittal. >> you'd be aiming for a hung jury. how would you go about creating that shadow of a doubt in the mind of at least one juror you know, again, you've got to really look at the law and what the judge is going to say in the closing instructions to the jury, you know, he just gave the opening instructors and the jury, but we have a good idea as lawyers, what the judge is going to say at the end so you look at what he's going to say at the end and you bring it to the beginning because it gives you so much credibility at the end of the case. >> when the jury's here again, what you said at the beginning of the case, out of the mouth of the judge, which they usually hold in very high

regard. and again, you just have to attack attack, attack those, those witnesses and look what you've got to say is michael cohen should be a co-defendant if you believe with the prosecutors just said michael cohen, shubi, co-defendant, not a witness. he has so many reasons to lie. sony seasons to pin this on someone else, to keep himself out of jail. tell which was unable to do in the federal case i mean, michael cohen is a felon. >> he isn't admitted liar, just the prosecution's case, you think rise and fall with his credibility? >> i think it has a tremendous impact. look, there is paperwork that corroborates the people's evidence and that's obviously hurtful for the president. but my understanding is it's not paperwork with donald trump's handwriting on it or his signature on it, except for a check. so the defense could merely be, hey, michael cole did all of this.

he never told his client. he just said, look, i need money for this, i need money for that. and you know, one of the witnesses is going the testimony this trial testified for the fence and he said that the money that was given to michael cohn was for stormy daniels end for legal fees. that's a reasonable doubt. >> so you've got to hang on these little reasonable doubt, to add to sin and put his ready together as you can for your closing argument. are there hold on one second. we're hearing more from the court. yeah. >> we're we're seeing just as the judge is explaining to them in depth what exactly their responsibilities are going to be. i mean, it's something that's kind of we know what happens when jury instructions are, but the fact that these are jury instructions being delivered for the jury. that's going to hear the first case, first criminal trial of a former president is remarkable in and of itself. and we are hearing from reporters inside the room that trump is looking over at the jury box as they are getting these instructions from judge more sean, he wasn't initially looking at them he was when it came in the room and then he wasn't and now

he is looking over at them as the judge is explaining, they can take notes, but they should be brief and shouldn't be something that distracts from what's actually going on. his urging them to pay close attention to what they're about to hear as arthur was just talking about from the prosecution, but also from the defense, also that there's going to be a lot of evidence. this is not just going to be based on testimony of people like michael cohen they're also going to be relying heavily on documents here arthur want to thank you so much for your time and reaction proceeds really appreciate it on this morning as we stand by for opening statements and don't comes hush money trial. >> we're getting new information about the prosecution's first witness, man, who admits to a scheme to buy and very damaging stories about donald trump woodpecker will have more on him when we come back riyad saves new album is breaking records called the

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jencks part two streaming exclusively on max the white house correspondents dinner lives saturday at seven eastern on cnn we're back with our live coverage of the trump hush money trial right now, jury instructions in the case of the people of the state of new york versus donald j. trump. >> the former president of the united states, is intermittently looking at the jury, the men and women who will decide his fate as this hush money hover up, criminal trial continues. cnn reporters inside the courthouse have observed that mr. trump shut his eyes at one point, leaning back in his chair. >> judge were sean said there is no particular formula for evaluating the truthfulness and accuracy of witness testimony that is from our reporters in the courtroom. and if you look on the far left side of the screen, you can see you're getting live reports there from our reporters in the courtroom. cnn's paula reid is standing by in manhattan. paula, bring us up the speed jake, the judge

is laying out for the jury the gravity of the task that they have at hand, and the fact that these charges against former president trump must be proven beyond a reasonable doubt. >> he said, if you find him guilty, that must be based on the evidence how long speculation and not on bias and was going on to explain to the jurors exactly how this will work. and he notes that for example lawyers are not allowed to comment during witness testimony telling the jury that that only happens in movies and on television shows, but not at a real trial. now, our reporters inside the courtroom from note that that drew a smile both from the prosecution and the defense. probably one of the few unifying moments in this case so far the judge will continue to lay out what exactly is happening and what is expected of these jurors. this whole thing, this whole instruction is expected to take about 30 minutes and then we'll get into opening statements. >> all right. paula reid. thanks so much. and just to

recap, judge merchan said that lawyers are not allowed to make comments about witness testimony. let's bring back the pan. all the lawyers in the room smiled when the judge said that happens on tv and in the movies, that does not happen in real trials. >> well, they're smiling in this room as well. because it's true. you're gonna have to balance again to what jurists think happens in law and order within 48 minutes, you've got a crime committed to defendant identified, arrested, and you have some of locking down the steps at the end of the trial in 42 minutes here it's interesting because there's a moment he says that the lawyers, or the notes are not a substitute for the actual transcripts digital come into play and having lawyers on your jury as well, we were concerned about remember, can lawyers beyond the actual jury, the reason you'd love concerns because you might be deferential to them and say, is that what happens at the issue here? it's almost a way of reminding a look, the prosecution and the defense, they have to build their case. they have to defend their case. but the lawyers and i note-taking is not going to substitute for you what you're hearing. again, there is no

formula for evaluating accuracy. you have your varied life experiences to do so. so much like the jury selection was an art, as hasn't credibility is going to come from your own gut intuition. and what you believe to be true. yeah. and if unless i'm mistaken in the criminal justice system, the people represented equally important group at police investigate times, and the district attorney's offenders hold on. >> oh, i actually have a newfound respect right now. it's going to be calling you i also just as we're as we're doing this to stay on the same thread. >> look at what's at on the side of your screen. it's not only chuckle inducing to say this is real life, this is not a tv show because that's true in general, it's also interesting because the guy who is the defendant became known to people around the country in the world on a reality tv show show, he's late, wasn't court related. it was business-relate d and it is part of the dynamic

that we are told is going through his brain, which is whether it was on that tv show or in his business, or on the campaign trail or whatever, even in the white house he determines what he does on a minute-by-minute basis. and right now, for the next probably six weeks, that is not happening and it's driving you mad and we've had jaime can go republican commentators want trump to get elected on the show & on these panels say that if they were advising trump or if trump were listening to ma'am they would advise it instead of coming out and doing a grievance about the judge rejecting the bond or this or that about the case. it's kind of in the weeds that he should take the opportunity of this free air time to talk about what he would do as president for the american people. but that's not, that's not what mr. trump so as we know, donald trump thinks he's the smarter this person in the room. >> he may listen, but in the end, what we saw when he walked

in to court today and stopped and i don't mean this lightly, but it was really donald trump bingo with witch hunt in the free center space. he hit every single poll. it's not fair might pose her up. this is coordinated with washington letitia james. letitia james letitia james over out of jail those. so donald trump does no branding. he does know messaging, whether it's right or wrong. he thinks this works. >> let's dive into one thing because my phone was following up with messages from michael cohen, who is the key witness for the prosecution, are one of the key witnesses for the prosecution. he took issue with me saying that he'd been convicted of perjury. it actually was code 1001. yeah. why don't you tell us exactly what he pleaded guilty to and what he was pleading guilty of battery. >> right. so brief history of michael cohen back in 2018, he was convicted by guilty plea.

he did not go to trial in federal court in the southern district of new york of the following. first of all, of campaign finance violations very relevant to this case. >> 2nd of all, of making false statements to congress relating to donald trump's efforts to build a trump tower in moscow. >> michael cohen said that those conversations were fewer in number than they actually were and stopped earlier than they actually stopped. what michael cohen pled guilty to, called 18 usa 1,001, false statements, and it makes it a crime to quote, make any materially false, fictitious, or fraudulent statement to government body, including congress. he also, this is important. michael cohen, sometimes says, well, i only ever committed crimes for within, for donald trump. not true. he pled guilty to tax fraud relating to hiding 4 million of his own personal income. he pled guilty to bank fraud but in relation to multimillion dollar loans relating to his bank medallion business. and then this is where it gets really crazy when he testified earlier this year at the civil fraud trial, he testified when i pled guilty

back in 2018 to tax fraud and bank fraud, i was lying. i was not actually guilty, which landed federal judge, to make this finding about michael cohen. he said michael cohen's testimony, quote, gives rise to two possibilities. one, cohen committed perjury when he pled guilty. the first case or two, cohen committed perjury in his testimony in the civil fraud case. so there's a lot to unpack there. those are the specifics and karen, let's talk about what's going on right now, because judge merchan is giving the jury instructions. you just told them that they shouldn't let there are any any biases they have are stereotypes influence their view he said as a jury, you are asked to make a very important decision about another member of the community talk a bit about if you would, for those of us who have never been through a trial and have avoided jury duty. so far successfully for all 55 years of their lives? yes. thanks. joseph, complete. i know i actually i actually have every tuesday coming up what's going on right now and how important

this moment is for donald trump to say this is coming from washington dc. this is from joe biden. this is all about the jury. the jury is the one who's deciding his fate. it's not it's not the judge. if you think the judge is bias, it's not alvin bragg. if he doesn't like alvin bragg, it has nothing to do with joe biden. it's the 12 jurors who are sitting in that box they are 100% making the decision about whether or not he's guilty of these crimes. and so in this trial, like every other trial, the very first thing the judge does is he gives an instruction to the jury. instruction takes about 30 minutes where he explains the procedures. he explains that a defendant every defendant, including donald trump it's presumed to be innocent until proven guilty, that every single day that he sits in that chair, he is innocent. and you have to not let your biases come in, not let your prejudices come in, and you have to evaluate the evidence and listen to the evidence. he's also telling the jury they are allowed to take notes, but don't let your notes substitute for the transcript tells them a question with without an answer

is nothing, so don't presume anything by a question that's being asked if there's no answer, he explains objections. there's a sustained or overruled and he sues you explaining all the procedures because they're not lawyers are some of them are, but typically they're just every day people in the community who will be evaluating all of this. >> so he's explaining to them what their job is, what they're allowed to do, what they're not allowed to do, and how he runs his courtroom. >> right. and he also just mentioned to the alternate jurors, there are six alternate jurors. he told them that they are expected to pay the same close attention to the case as any one of the 12 jurors. he's it's hoping that the 12 who are seated will be the 12th who end the trial. but the six substitutes have to be there paying attention regardless, we're standing by for opening statements in donald trump's hush money cover up trial much more from inside the courtroom just ahead. you're watching cnn special live coverage. we'll be right back.

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covered up that criminal conspiracy by lying. it is new york business records over and over and over again. so here they are reframing this because usually people refer to this as the hush money case. hey, swear. yes, hush money was paid to stormy daniels for her to stay quiet about an affair that she had with them candidate trump, but having an affair is not a crime, paying hush money is not a crime. the criminal allegation here is that the former president falsified business records in order to cover up that he had pay this money. >> well, what they are starting with matthew colangelo's, this is going to become a name that will become very familiar to people. he's the prosecutor that paul just noted that is making these opening statements and starting them. they are going to lay out all the entire timeline of this and what he just started with is something that's really key, which is a meeting that happened in august 20 that we didn't know about in real time. but we later learn when, once trump was in the white house that it was donald trump, michael cohen, and david. they were all there in that meeting. and that's

when david was essentially asking how he could be helpful to donald trump's presidential campaign. and of course now we know the saga that it has become these three stories that are at the center of this hush-money case. and at the heart of what they are alleging about these payments, but that is what they are going back to that meeting. we didn't initially know that donald trump was the third person in that room. and obviously that's incredibly consequential because if david is in fact the first testimony that the prosecution calls after these opening statements, he can talk about donald trump's knowledge of this agreement and whether or not he signed off on it and what he said directly could say, in fact yes. we talked about this being in order to help him in the election. >> exactly. if he says that is it. he could backup michael cohen statements. so that's important because we've talked about michael cohen's issue as a witness and how they will rely on him having someone back that up. and so the fact that prosecutors are starting off with this is their main is their opening statement just shows that they are saying this all goes back to that meeting. were donald trump himself was

in that meeting because really what they have to do at the end of the day here is convinced these 12 jurors the donald trump was directly involved and essentially had signed off on this. >> and we're learning that trump is sitting back in his chair and not even looking at the prosecutor as he speaks. and the prosecutor as part of this opening statement, the reframing this again, not just as a paperwork crime, right. an effort to cover up this hush money payment by falsifying business records, but an effort to interfere in the 2016 election and that's key because that is why this is being charged as a felony, even though he's not charged with federal election interference. that's what they're arguing here, that these business records were falsified in an effort to interfere with the 2016 election. the prosecutor said, quote they formed a conspiracy at that meeting to influence the presidential election by concealing negative information about mr. trump in order to help him get elected. and that is really that is the crux of their argument that this was all done to help trump in the 2016 election. in fact,

they reprimand me sometimes when i call it the hush money case on air, they said no policy well, it is the 2016 election interference case. >> it is important to point out that they said that conspiracy was hatched in this meeting. they of the three people in this meeting, the prosecution has to people who will be testifying, michael cohen and david they have two of the three people in that meeting testified they also have documents and documents were allen weisselberg, the former ceo of the trump organization, took notes the question though, and what trump's team when they get their chance to make their opening statement will always certainly robot is the idea of trump's direct involvement where they will say michael cohen made this decision. michael cohen is the one who actually paid stormy daniels this $130,000. that was michael cohen's. does it? just because other people were having these conversations doesn't mean that donald trump had signed off on it. we'll see what the jurors will believe. we'll see what the evidence shows, and it's also remember there's that recording that michael cohen took where he donald trump were discussing david and how to set up a company to reimburse him and

what that was going to look like for the other damaging story get more updates. >> you we're watching the updates so they're talking about the payments to cohen because that's where the crux of this case lies. the evidence that the judge was talking about earlier, the paperwork trail, which are trump is so unusual because one thing is really good at is not leaving a paper trail, but they're talking about how michael cohen who paid that $130,000 to stormy daniels, how he was reimbursed, and why the paper trail there that lays the foundation for these criminal allegations. they say that trump reimbursed cohen after he made that $130,000 payment. but disguised what the reimbursement was four, he said they disguised with the payments were four. the defendant said in business records that he was paying cohen for legal services pursuant to overtake or agreement, but those realize there was no retainer agreement. and now i can tell you from talking to sources on the trump team, they will argue that at this time, cohen was working as a lawyer for trump. he was doing legal work. that is something that they're going to argue when they or their chance to defend their client and just as we're going to be

so fascinating is held, trump response during his opening statements as he's listening to all of this because he was just posting this morning on truth social on his way to the courthouse that it was just legal fees and he was essentially asking how can i be indicted because i paid an attorney legal fees he did just pass todd blanche, and note as the prosecution is making their opening statement, and i will say, despite what people were saying, the time rudy giuliani is on television in an interview with fox news during that time saying michael cohen wasn't doing any legal work for donald trump. >> that's when he was trying to downplay the fact that trump had reimbursed him yeah jake, let's come back to you all right. anderson. thank you so much. we have lots of updates coming in from the courtroom right now. the prosecution assistant district attorney, matthew colangelo, as you've heard from paula reid, has been introducing the case before the jury in his opening arguments saying that the conspiracy the extended to payments that stormy daniels received just weeks before the 2016 election,

that trump quote, was paying michael cohen back for an illegal payment to stormy daniels on the eve of the election that quote cohen made that payment at the defendant, donald trump's direction, and he did it to influence the presidential election this is the prosecution's allegation & he did it donald donald trump did it according to the assistant district attorney quote, because he wanted to conceal his and others criminal conduct. in total, the defendant falsified 34 business records to cover up that criminal conspiracy. after the election, trump reimbursed cohen for that payment and they quote, disguised with the payments for quote, they disguised with the payments are for the defendant said in business records that he was paying cohen for legal services pursuant to a retainer agreement, but those realize this is again, what the assistant district attorney is alleging about mr. trump. there was no retained agreement the payment to cohen realize& the defendant was being paid back for illegal payments laura coates, this is what we expected the prosecution to bring up hey, they did and they

had to do this and i won't go through kind of an argument checklists. >> you just listed out that there are 34 business records counts. we looked here for a second, here. they have to prove there is an intent to fraud to fraud, they have to prove there is an intent to commit another crime. but the really important part here is this one. you're mentioning it just now. it's this one about made and cause a false entry in the business records. why is that important? because that's the idea that said this was not a legal service actual thing happening. it was an illegal at retainer. in fact, a non-existent one. you heard them actually say this inspect was all lies. why? >> let me just jump in for one second to bring in the courtroom updates, which is the prosecution, the assistant district attorney, matthew colangelo, just said that this whole scheme that you're talking about started quote, with that august 2015 meeting, right. trump tower. go ahead. i'm sorry. and this idea of being all a lie and having to pry to prove that they actually do that, then they can't just say it right now, we have to actually prove their case and how they do that is with actual documents having them show that there were actual document that comes from the likes of david

maybe talking about what they've done in the past. it comes from maybe allen weisselberg going on to tell you about what checks were actually cash to why they were not. but one big important part here is gonna be this, the private versus political elie alluded this it's earlier today as well, whether this was all trying to stop his wife or embarrassment from understanding about the private or the political aspect of it. if it's actually maybe even half private, half-lit doesn't matter. >> so look, what the prosecutor is saying right here on the left side of your screen, you can see the prosecutor, matthew colangelo was saying that this meaning august 2000 some 15 trump & cohen, michael cohen, his attorney, and david, the publisher of the national enquirer and other tabloids, agreed at the trump tower meeting that quote, would help the defendants campaign. that's the quote, by acting as the quote, eyes and ears of the campaign. so here they are making a direct delegation that this is political non-personal, if that's the case, they can kind of check that off their list in terms of what they have to prove all coming back, this

idea of the intent. the intent to defraud, they intent to commit the other crime, obviously, adultery, not a crime, but trying to not be transparent and election is they've got a lot to prove, but these statements get them off the right start. now there are about to obviously go into more details. the prosecutor tells the jury the scheme was three one of those obviously was what we were just discussing, which is the prism through which that prosecutors are making their opening statement to the jury is about his campaign, is about the fact that he wasn't just doing this allegedly to protect his private life, to protect his wife. he was doing it to protect his own ability to be president of the united states? yes. at a meeting in august 2015, were they allegedly made this deal and we've heard elie honig as a prosecution is introducing their their opening arguments. we've heard this argument before this. when john edwards, the former presidential candidate, was being tried for a similar ish

offense, having to do with payments made to his girlfriend and the mother of a child outside his marriage. and whether or not that was being done. the cover up to protect his family or to protect his political viability. >> so this is a tricky part of the case for the prosecution because they have to show not only that business records were falsified and trump was in on that. >> what that has reason for doing it was to commit or further some other crime. and here the main some other crime is to violate campaign finance laws. so let me ask you, ally, because the prosecutor is saying that david, the publisher of american media, who was expected to be called as a witness. the prosecutor, the assistant district attorney, is saying agreed to kill negative stories on trump from the national enquirer, as well as to publish favorable we'll stories about him and negative stories by this political opponents. now, we saw this all play out in real time. we saw the nasty stories about ted cruz and whether ted cruz's dad was involved in the

kennedy assassination, whether ted cruz was engaging in all sorts of stuff that he was not and the prosecutor also saying they agreed that ami american media, the company that publishes these tabloids, would suppress these stories. and the prosecutor rais the stories to the national enquirer, said that they ran an attack on trump's political opponents, including putting crews. >> so a couple of key phrases, eyes and ears. if you want to know what david is about, he's gonna be the first witness, eyes and ears he was on the lookout for stories that might be damaging to donald trump. but when the government, when the prosecutor is talking about a three-pronged case here, they're talking about three specific instances where they did this catch and kill strategy. one is the charged instance they paid off stormy daniels to keep her quiet. >> the other two are not charged, but they're coming in to show the pattern. >> one is the payoff to karen mcdougal to keep her quiet about an alleged affair and the playboy playmate of the year 1988, with whom donald trump allegedly had an affair, right? and the third one was to pay off a doorman who had information that turned out to be false about a child donald

trump had out of wedlock. so prosecutors are going to argue david was the because an ears his job was to catch and kill. >> right. so you're and you're just exactly referring to what the prosecutor saying right now, was it the jury there were three different catch and kill transactions for trump as you just mentioned, there's the one with the doorman. there's the one with karen mcdougal. and karen, there's also the one with stormy daniels. so these are bad acts that they're allowing alleged bad acts that they're allowed to bring in the prosecutor. yeah. well, this is this is the case. this is the meat of the case. so these are the charged conduct. interestingly, one of the things that matt colangelo's the de making the opening right now said which is david is a coconspirator of donald trump, not he acted as is coconspirator, not his publisher. so what he was saying is that's the conspiracy that meeting that happened in august of 2015 when they got together and they agreed they formed a conspiracy where they all got together and had an agreement that they were going to catch and kill these negative. >> and the first one according

to the prosecutor, was this $30,000 payment to former doorman of trump tower, who alleged that trump had fathered a child outside of his marriage. there doesn't appear to be anything to that story at least now that we've seen no evidence that it's a real story, but the payment was made either way, karen yes. so so now they're talking about the karen mcdougal catch and kill in addition to the doorman and then they'll talk about stormy daniels catch and kill. >> it almost doesn't matter whether the whether any of those things actually happened, right. whether he had an affair with any of them, are not that doesn't matter what matters is they were trying to suppress the story. they were trying to suppress the information because of course, the doorman that story has been debunked& but it didn't matter. they still didn't want that coming out. so they were suppressing that and that's what they were trying to do and they wanted to hide those payments so that it was not so that no one could

know that they were actual illegal campaign donations. and so they gave they made these false business entries. and so that's what this is about. this is about the false business entries in order to cover up that they were trying to give illegal campaign donations. and tim parlatore, a former trump attorney right now, trump is in there listening to these allegations being made. >> we're told he's not reacting as the assistant district attorney is now talking about the 2nd alleged catch and kill story. this one involved karen mcdougal, the former 1998 playmate of the year with whom he allegedly had an affair and detailing the 2nd alleged catch and kill deal. so first of all, it sounds like he's behaving himself. he's not he's not he's not saying or doing anything yet. so far. what i'm at odds with the jury but they are running through a bunch of very lurid and uncomfortable details. >> they are one of the things to me is this catch and kill plan is very different from the way that they've structured deal with stormy daniels, where

that was more of a direct michael cohen to her as opposed to doing it through ami. and so i think that's one of the problems that they're going to have to really tie david and everything into this is showing why did they depart from that and do it in a different way. and that's i think where i've if i were doing the defense, i would try to drive the wedge to separate the hole eyes and ears of the campaign piece. from more of the john edwards style defensive this is something that he was trying to kill, not just for the campaign, but also for his personal personal life. >> and karen, when they say when the prosecutor, the assistant district attorney suggests that david, the publisher or the national enquirer, and other tabloids is a quote coconspirator. >> what does that mean it means he's going to testify that this was a criminal scheme that they masterminded together, that they were committing a crime together, don't forget, david has been given immunity

federally, which then gives him immunity in state court to be from being processed it's acute id, so that's how they're going to present him and he's going to have to testify about that. and what the defense points is going to be really this guy gets a free pass and they're trying to lock up donald trump. house that fair. that'll be a defense argument. but what's the crime? >> the crime under? >> he was immunized under federal law for campaign finance violations. >> okay. but i'm just saying like, is there something inherently illegal? the goal i'm not talking about on talking about wrong, but is there anything inherently illegal with american media enterprises with this tabloid publisher catch and killing for him, know, very important point catch and kill it cd, it's unseemly, it is not illegal. the illegality charge here is in the accounting around those payments and the motivation around that allegedly false accounts. so the prosecutor is saying that the evidence will show that mr. trump was informed about karen mcdougal is allegations that they'd had a longstanding affair and he quote, desperately did not want this information to become public because of the 2016

election, karen and this is the part of the story where it's like, well, this isn't about taking his family, it's not as personal life. this is according to the ada the assistant district attorney. this is all about his political viability in that difference is important. >> it is, and he might have also not wanted his family to know, write it doesn't matter if that was also a motivation, really what they have to also prove though, is that the campaign is illegal well, campaign donation, part of it is part of the motivation two, and of course there's going to be a tape recording that the prosecution is going to play, that after trump won the election, he says, will now do we have to pay stormy? i mean, if that doesn't show that that was campaign related, i don't know what what evidence would and the prosecutor, dana bash to the david, told the national enquirer employee to fly to california and meet with karen mcdougal and her attorney. they paid her more than $100,000 for her story, but they did not publish her story. that's the catch and the kill. the prosecutor says, quote before, during and after the meeting, howard dylan howard, who is a

national enquirer executive, and david sure. we're infrequent urgent contact with michael cohen, trump's attorney, who wanted updates, who wanted updates? not just michael cohen interested in what happened. it's also clearly and passing it along to trump. there's another update, prosecutor, you're going to see the flurry of text messages, the barrage of phone calls around that meeting. that is fascinating. >> very much giving a window into the fact that it's not just going to be michael cohen's were or somebody else's word. >> they're going to bring receipts and that's what's so important about this. we went back to the idea that they're going to allow you to talk about the emails from the fallout of access hollywood, but not the actual acts as i would tape. it's because they want to show that this was all about containing the fallout for the purposes of election, not around a wedding anniversary, not around a birth of a child, but it round the fact that there is an election happening. and so they're going to try to bring all these things out because of course, you also have to realize there's the credibility issues they don't just want colin to

testify. they don't just want weisselberg they don't just want or stormy the weight want to have the actual receipts. they say the real reason that directed ami to make this payment to mcdougal was to make sure she didn't publicize her affair with trump before the 2016 election. again, the common thread and jamie, that's what it's about here, according to the prosecutor, the defense is going to it's gonna take issue with this, but according to the prosecutor, this is all about hiding information so that the voters don't know it before they go to the polls in november 2016 and let's put it in context. what is the date? so access hollywood tape comes out on october 7, a month before the election. this is going on. i believe october hope are 27, weeks before the election. so there you have the history with karen mcdougal about concern about not wanting to publicize her affair with trump before the election now, with stormy daniels, were two weeks away from you the timing is important. i mean, the

prosecutor is going to argue just that point. well, gee, these affairs, by the way, allegedly happened a decade before stormy daniels was 2006, and prosecutors are going to say, isn't that convenient, he's paying off right before the election. the response to that is going to be because that's when stormy daniels came forward with our handout and that's a fat donald trump's people do not go find stormy daniels, say, hey, we'd like to silence you. she came forward and said, i have this explosive story that you might not want out there. now. so as jamie says, the important point, there was a substantial part of his motivation doesn't have to be all substantial part of his motivation to clean things up for the election. >> and karen, how significant again is that, that it's that it's all right there right before the presidential election and not a year before two years before the prosecutor right now is describing a recording of a conversation between michael cohen and donald trump. cohen at the time worked for trump discussing making the payment to karen mcdougal, david from american media, made the payment allegedly national enquirer

publisher. he says trump suggests on the recording that they pay cash. >> i think that just shows how intimately involved donald trump was as part of this whole conspiracy, right? he wasn't just somebody who was oh, i don't know what was happening. my lawyers were dealing with it. i don't i don't know that. i think flies in the face of that and actually shows that he was intimately involved. and he was very much part of this group that was coming up with this how to deal with it, and what to do. >> and the prosecutor, matthew colangelo's who is the assistant district attorney, is also alleging the david and presumably we're going to see this in a text messages. tim parlatore starts getting antsy because he's afraid donald trump's not going to pay him back. the prosecutor say the jury is going to hear the recording of the call between cohen and trump about this mcdougal payment in september remember 2016. so they're presenting they're basically giving a preview of the evidence. they're going to say sure. and here, i mean, the flip side of the whole payment

in cash piece is it shows that he may make suggestions. he did that with us that the lawyer said, no, we're not going to do that. we're going to do it a different way and he and ultimately relies upon what his lawyers yeah. say. if he says paid in cash and this is where we're going to do it this different way. but ultimately, all of that is atmospherics from beforehand, but it doesn't really have anything to do with why were those specific entries made into the books of the trump organization and the as elie said before, catch shankill is legal it's something that it's not even a campaign contribution under citizens united, write something is totally legal so whether you put these entries in as legal fees or as confidential settlement both of those at the time were tax deductible, so he's not really getting a tax benefit. and the books of the trump org. are not becoming public before the election anyway. so even if he writes in the trump or books, payment for hush money to sway

the election that's not coming out. so it's not going to have any effect on the list. >> so enlarged coates a prosecutor, assistant district attorney, matthew colangelo is now saying that david, the publisher of these tabloids, eventually told michael cohen trump's attorney the deal's off and that his companies is going to eat the cost of paying karen mcdougal something like 100 and $2,030,000. so first of all, you usually pay things isn't cash to avoid having receipts in a paper trail, where here for a falsified business records case. second of all, we've heard this before. somebody getting antsy about how they're gonna get reimbursed for the payment. it was michael cohen. right? the reason you have these falsified business records allegedly is because he wanted to have some invoice. you wanted to have some way of getting his money back, having paints or made, daniel's that's where you had the allegations of invoices for a false retainer and false legal services provided. so this is all part of the overall context to shou. this has happened before. someone else has gotten nancy this time it was cohen and this is what happen when you did not pay back and you falsified so it is

i mean, we've heard the argument being made by some people that on the politics of this dana bash this is not going to have an impact. >> you have both democrats who are convinced of donald trump's invincibility and republicans who are convinced that this is all going to be seen as a partisan and which aren't thinking this is not going to have an effect, but there are also those who say reminding people of all this lurid behavior is not going to be positive for donald trump one way or the other? >> no, it look yes, the sort of public bravado by republicans, even, and especially inside the trump campaign is that people see through it that they see it's a quote unquote witch-hunt, which we hear over and over again. the center of his bingo card is jamie said but they don't know what they don't know. none of us does. because this is unprecedented. and also in large part because the argument that the former

president made when he came before the cameras before going into the courtroom, was this is election interference because they're taking me off the campaign trail. >> so far. i mean, we're only minutes into this these opening statements that's precisely what the argument is, is that he was involved he was interference back in 2016 and they're sent back to you in new york? >> yeah. >> jake, thanks very much. the prosecutors in saying that david eventually told michael cohen at the deal was off, as jacob said in the ami would eat the cost of paying karen mcdougal back here in new york, paula reid and kaitlan collins. again, we are going to be we believe david is the first witness going to be called. we will likely hear from him today. >> yeah they're setting the stage for this now, as you can see, they're just talking about the deal with karen mcdougal. now prosecutors are also introducing the story of stormy daniels, which comes not only after karen mcdougal, but also after sure. the access hollywood tape and they argue that the release of the access hollywood tape, quote, turn the

rest of the presidential campaign entirely upside down. and this is an important piece of the timeline because they're going to argue that trump had an especially strong incentive to bury the story of his affair in the wake of the access hollywood tape, that access hollywood tape came out just on the eve of the second debate, which i actually come moderated with against hillary clinton now the prosecutor saying that the impact of the campaign was immediate and explosive, that that access hollywood tape was like a bombshell going off, then can be two things are important to remember here when we're talking about karen mcdougal, who was the former playboy model, david, when he was making that payment to her, actually had researched whether or not it would be a camp pain vionnet, campaign finance violations for him to pay her and they had looked into that& right now, they are getting into the actual access hollywood tape. this is important. >> prosecutor reads trump's quote from the access hollywood tape thing. those are down trump's words, and that's important conscience texts because the way they handle this, you just heard tim parlatore, a former attorney

for donald trump saying well, why was the stormy daniels situation different? stormy daniels is team had approached the pupil at national enquirer or an ami about buying her story as well. they believe the price was too high and essentially weren't interested. but after the access hollywood tape came out, which they are reading right now, as we're told by our reporters inside the ribose, trump is not reacting at all as they are not playing the actual audio of that tape. the judge ruled that they could not do that, but he did allow prosecutors to read trump's exact quote, exact quote. and that's exactly what prosecutors are doing. when right now. >> but that that release of that tape changed everything for the trump campaign. >> it also changed how they were handling these stories and it caused michael cohen and then to go back to stormy daniels and agreed to pay to pay her for this. and so that is why this is important. but i should note that we are being told trump is now whispering to his attorney, is matthew colangelo's. that is the prosecutor here is reading these quotes from the access hollywood tape to prosecutors me now moving into the stormy daniels, a fair allegations by

saying that another woman had come forward after the access hollywood tape came out it's important to remember that the drumbeat of this on the eve of the election as the election got closer. >> because again, while the from team will say that this was about protecting his family. according the prosecution, this is about interfering in the election. >> yeah. because in the wake of the access hollywood tape, there were significant concerns even by some of his closest advisers about what exactly that could do to his chances of winning the election. now, they say, quote, that woman as adult film star, a porn star named stormy daniels setting up the beginning of her story and also framing her, her then occupation. she doesn't always like it when people refer to her as a porn star. but at the time that was what he was doing when she met, then not even candidate then just civilian trump about a decade ago. >> just want to karen mcdougal alleged a relationship, an actual relationship with donald

trump, the one that went on for some time. she said she actually wasn't when is in love with him. she told me in an interview, michael cohen then discussed the situation with trump, who was adam and he did not want the story to come out at the prosecutor. and this is important because this is, this is all playing out access hollywood comes out in october as we all know, that is when they were suddenly interested again and stormy daniels is story, but there was this moment where stormy daniels and her team felt like they were kind of being strung along by michael cohen and that he actually wasn't going to pay that. he just wanted to get to the election and then move on. that is what prosecutors are arguing right now is they're talking about trump from and cohen discussing this situation. they did not want the story to come out. and there was essentially a disagreement over how to actually get the pavement done. michael code was saying, well, i can't do it because of the jewish holidays. i can't do it because trump's out on the campaign trail and now what prosecutors are saying there is exactly what i was just noting that cohen's hope was to delay the payment until after the election and then ultimately not pay stormy daniels at all? stormy daniels, his team seemed to understand that that was at

least their belief of this and she was considering going public in the media, then michael cohen said okay, well, i'm just going to pay at myself and that's when he drew down that home equity line and was able hello, to pay her the $130,000 that trump didn't want to write a check himself to make the hundred and $30,000 payment. so we ask cohen and allen weisselberg, the chief financial officer with the trump organization, to find a way. prosecutor now says that trump's request cone agreed to use his own money to keep stormy daniels quiet. that's a quote two weeks before the 28 election, we also understand later on, michael cohen began to worry that he was not going to get paid back and that became part of the reasoning in fact, the prosecutor saying that it was election fraud, pure and simple. that is what the argument they are making is. >> and that's the crux of this case that this wasn't just an affair that he was worried his wife would find out about. i mean, i think that defense attorneys could also at some point argue that it really wasn't keeping any material carroll information from the

general electorate that trump was an adulterer, right? his second wife was his mistress. instead here what you're have prosecutors focusing on as they say, this was part of a conspiracy to suppress negative stories ahead et of the election. now we're getting more in prosecutor saying we'll never know and it doesn't matter if this conspiracy move fast. prosecutor, you will see an evidence in the defendant's own war birds, words, making crystal clear that he was concerned about the story getting out. >> well, and i think what the overarching argument and what is very clear what the prosecutors want the jury to understand is they are tying every single so think back to the election and what it meant for trust chances in the 2016 election from the negative stories i'll ted cruz and ben carson and marco rubio to what's happening here. there now noting the prosecutors are that trump invited david to trump tower to trump tower after the election to thank him for his help and suppressing the stories they were brought to the oval office fascinating here is keep in mind david michael cohen, adult drunk. none of them speak anymore. these are three people who have

known each other for decades. none of them speak anymore. and it kinda just speaks to what this happened with all of this checks that were written to michael cohen, part of the reimbursements were actually written. were actually signed in the white house, sits in the oval. there's also a meeting where michael cohen was there in the oval office meeting with donald trump allegedly to discuss being reimbursed because trump had kind of faltered at the idea of reimbursing. i'm saying michael cohen has plenty of money before. that is something that it's almost guaranteed. prosecutor there's will ask michael cohen about when he takes the stand and again, david expect it to be the first witness. >> he will be testifying about what occurred in this critical meeting. really, the start of the campaign. here's another quick update. trump invited national query editor daily, dylan howard to the white house. dylan howard, a top executive in the ami organization and it's why david is really the ideal witness for prosecutors to kick off their case to lay the groundwork that this was an alleged conspiracy that began years before are a

little over a year before the election of this. >> this was a concerted effort to the protract former president, then candidate john finn and hosted according to the prosecutor, hosted a thank you dinner to thank and ami for their contributions to his campaign. >> also, can i just mentioned as far that's also really fascinating and it speaks to this, isn't just testimony, it's going to look at text messages, phone records, and they also note the prosecutor is telling the jury right now on election tonight in 2016 as we were getting closer to call him the race for donald trump the lawyer for karen mcdougal and stormy daniels. his name is keith david said he'll be a negative it's brought up, texted dylan howard, who is the editor in chief of the national enquirer and asked, what have we done? >> basically saying, well, these two people who are deeply involved in this effort they believe that their efforts helped donald trump get elected, and the prosecutor saying that after the election was time to sort out how trump would reimburse cohen and that's for the problems really begin because the prosecution

alleges that in 34 different instance does business records were falsified to try to cover up the fact that this was a reimbursement for hush money payment to conceal an affair, and that instead that these were billed as a part of a retainer agreement. so for michael cohen's legal services and michael cohen was trump's long time lawyer and consider larry, they will again argue that he was doing legal work for him at that time, but that is the crux of the case. that's the paper trail that we're talking about, how he got that money. >> neither trump nor trump organization could write a check to cohen with a line item description friction reimbursement for porn star pay off. the prosecutor says they're basically pushing back on what they know trump's team is going to argue which is that this was illegal retainer. these were just legal fees. they're saying well, yeah, they had to say that because they couldn't just write this in trump's expenses. that is, there going ahead and you can see what the prosecutors are doing with these arguments is preparing for what they know. todd blood just going to get up there and say, when he makes his opening statement prosecutor saying that they

agreed to cook the books. again the testimony has been that david an ami didn't want to they thought out $130,000 for the stormy daniels story. it was too much and they are the ones who informed the trump organization, michael cohen, about the allegations. and michael cohen then took it from there. >> david is that's why he's going to the first witnesses. he's the reason they knew about a lot of these negative stories that came out. they were in a lot of negative stories about hillary clinton, about his is the other republicans who were running against him another prosecutor is walking the jury $430,000 payment that trump did ultimately make to michael cohen. this is important because people may look at that and say, well that's not $130,000. why is it so expensive? it's because as they were negotiating is they're just talking about how trump would actually reimburse michael cohen wants donald trump had been elected. michael cohen is worried about the income tax hit that he was going to take her and he also wanted i believe it was $60,000 that michael cohen wanted essentially to be paid for his

own services here. so that's why it will be a check just for $130,000. it's a larger number because essentially michael cohen and his attorney, lady davis arguing that he needed to be paid. >> that prosecutor says the jurors will see that donald trump was a very frugal businessman who believed in pinching pennies. >> we want to remind people where this information that you're seeing on the side of your screen is coming from. there are no cameras inside the court for this historic trial. so we're relying on a team of our colleagues, your three reporters sunlight at the courthouse, who are feeding these live updates to us. so we're getting quotes, we're getting minute-by-minute updates for exactly what's going on inside. >> well, in that latest that quote from now, he'd collectively prosecutor that trump was a frugal business and they're saying he's not just paying $130,000, ultimately $430,000 for no reason, trump is not one who likes department ways with this money that has always been his reputation but they clearly are trying to establish that for the jury. so that they can understand donald trump is not someone who just pays people six figure figures

without knowing exactly where it's going. >> do we expect stormy daniels or karen mcdougal tax would testify? >> it's possible their testimony is not essential in this case. right? because there's paperwork that can support the value that they would add stormy daniels problem probably more likely than karen mcdougal. we know that she spoke with prosecutors in recent weeks, so certainly possible, but not one of the big three witnesses that we absolutely expect will testify who are the other big witnesses? >> i would say and then you can weigh into but i would say it would probably be david michael cohen. there's another update. prosecutor says when it came time to pay cohen back, you'll see he didn't negotiate the price down. he doubled it and he doubled so they could disguise it as income to which was to your point exactly. >> that he doesn't part easily with his money and what he was paying michael cohen for, why it was that large juror number. when it comes to the witnesses, obviously, we've talked to hear from michael cohen. i do think they'll ultimately bring

stormy daniels up just simply for the nature of the fact that she was directly at the heart of this. >> but you just as mentioned, that oval office meeting that donald trump had with michael cohen, they could also bring trump's scheduler inside the white house, who sat right outside the oval office and coordinated all of his visual who picks as well. >> that's what it my number three, because she was involved in his conversations with michael cohen in the days following the access hollywood tape. so yeah, i think she's probably one of the other most significant people the prosecution needs to tie it story together. all right. we continue to get updates from inside the courthouse has come back to jake. thanks, andrew sin. so some really interesting points made by the panel up in new york and also by the prosecutor, the assistant district attorney, when it come to the degree to which donald trump and those involved in the situation seemed to hold a what american media did we're being told the prosecutor has said that trump and cohen and weisselberg agreed that cohen would be paid back in monthly installments by sending fake invoices to the trump organization each month. this is part of the alleged

conspiracy that paying michael cohen back would be purposefully disguise. that's part of the business fraud that is being alleged here. the actual crimes but two things i want to bring up, allie one is the degree to which they're saying this was done to help trump get elected and it was acknowledged as that by them, the prosecutor saying through the payments, the defendant intended that nobody learn about the stormy daniels payoff. and we have some the two examples we have donald trump mentally the thanking and national enquirer editor dylan howard, not only thanking them, but actually having them to the white house to thank them, quote, the defendant hosted a thank you dinner to thank. in american media for their contributions to the campaign. and then also on election night, the attorney for stormy daniels, and karen mcdougal, both women that donald trump allegedly had encounters with the attorney keith davidson, texting dylan howard, the editor of the national enquirer, saying, what have we

done? judge merchan closely watching the prosecutor as he is delivering his opening statement. so that's powerful evidence for the prosecution. >> when you're getting inside someone's mind, you may not have an example. you're not going to donald trump on tape saying, i want to do this so we can steal the election. but you can look at conduct like this. well, why would he have these people over? why would you have a thank you dinner after he won the election? if not, to acknowledge that they helped him when the election and there's a lot of evidence here flying during the opening argument about payments, transactions is important. some people understand there's essentially two sets of payments and transactions first, shortly before the election, michael cohen pays stormy daniels $130,000 essentially speaking, michael cohen, you will in fact hear a lot about michael cohen, prosecutor saying, yeah, michael cohen makes the initial payment essentially out of his pocket. he takes a mortgage on his house house, pays or $130,000, and we should just note the prosecutors acknowledging trying to get ahead of the defense saying the defense will go to great lengths to get you to reject michael cohen's testimony precisely because it is so damaged and this is what

happens because the prosecutor is trying to pull the sting. they want to tell the jury straight up, this is a guy who's done some bad things. he's taken he can accountability. he's accepted responsibility and this is why you should trust him. the second set of transactions is the repayment of michael cohen after the election and that is the invoices in the ledger entries in the checks that form the basis for the crime. now, this is just what you just said, prosecutor acknowledges of the jury will hear that michael cohen, like other witnesses, who will testify at trial, has made mistakes in the past. there's a way of doing this very common. >> yeah, and then tim, there, they're trying to head off at the past. what they know the defense is going to say about michael cohen. >> this is the classic prosecutors strategy when you're dealing with a cooperating witness, i mean, very very rarely do have a cooperating witness who has a clean history the only reason that they're involved to have information by criminal activities because they were involved in criminal activity, right so this is the regular script of how you deal with softening about before you bring out what brand who's going to be cross-examined on all these things. and i think

that it is important you're really this whole case his is gonna be rising and falling on the credibility of somebody like that. one of the interesting things here's he doesn't have a cooperation agreement. >> michael cohen, like a normal cooperating witness. he when he had the opportunity to get a cooperating cooperation agreement with the fed's. >> he had nothing to provide against donald trump or anybody else. and so he didn't get a cooperation room. he went to jail. >> and then after he got out of jail, after he didn't get a pardon from donald trump. >> now he's telling the story. when he had the most motivation to do it before he went to jail? i think that is a theme that the defense is going to really bring out that when he when he could have gotten himself out of jail, he didn't say these things. it's only after he didn't get the pardon he wanted and the prosecutor is telling the jury right now, you're going to need to keep an open mind and carefully evaluate all the evidence that corroborates michael cohen's testimony. in other words, karen whether or not you believe them there is evidence that backs up what he's saying.

>> yeah. so legally, because david and michael cohen, i'm sorry to interrupt, but cohen's testimony will be backed up by other witnesses and an extensive paper trail, including bank records, phone logs, business documents. so the law requires the prosecutor good or to actually corroborate coconspirator statements. >> okay. so david, they said is a coconspirator. michael cohen is a coconspirator. they have to corroborate them. and in addition to the fact that he also as as ellie pointed out, has pled guilty to lie hi, as well under this 1001 crimes. so they're going to corroborate every little thing he says so that when inevitably the defense gets up and says you can't believe him, he's a liar, he's a convicted liar. and as tim said, he changed his story. they can say you don't have to. he's he provided the color. yeah of the background trump is still sitting back in his chair, were told not reacting most of what the

prosecutor is alleging he's passing notes to his attorney, so behaving himself as now, notice, how often you're hearing these three names the same sentence, cohen, weisselberg, and trump. >> well, one of these rays, one is on the other, two of them have already had at least convictions, right? and based on behavior that are going to bring up in some capacity here. >> so this is going to be really a chance for the prosecution. >> all of their laying out his case quite methodically. remember, the jurors are going to be taking notes. they now have expectations. you're telling me i'm going to see handwritten accounting from allen weisselberg. your time. i'm going to see receipts from michael cohen. you're talking i'm going to have proof somehow think the has done. they now have to match up what they introduced as admissible evidence to what this drawing will do at the very end of the had to come back together the closing and say, i told you i was anti you it was all of these things. here's why i told you if they fall short, that's reasonable doubt. >> and here's a fresh photo from a court donald trump eyes open dana bash, paying attention. what's going on. and

like i said, we're told that he's not really reacting much any is passing notes to his attorney and then that's what i wanted to focus on. the latest update that we see on our screen that he is trying to stay stoic he's trying to not make frankly, the mistakes that he made in other experiences that he had we just mentioned district attorney matthew colangelo has finished his opening statement. i'm not exactly sure what the time is, but he said it was gonna be about 45 minutes fuels roughly roughly accurate. jamie, can i just underscore something that tim said about what this case rises and falls on. >> to your point& to karen's point it's not going to rise and fall on michael cohen because they have all of these other documents i'm laura earlier today, you were talking about how jurors have to judge things in some ways based on common sense. they look what they listened, the credibility when you have all of these documents, we haven't seen them

yet, but lanny davis came on cnn last week and talked about that there was going to be all of this blanketing audio recorded audio did of donald trump. >> yeah. so we don't know what we don't know yet about that but this is going to go beyond michael, the defense is speaking now, we're told and tim parlatore, what can you tell us? >> about the attorney that's representing donald trump in court? what's the name of the todd blanche blanche todd blanche is somebody who came in. >> you have partway through the time that i was representing him, he originally represented borse epstein. i think he's still does todd blanche saying president trump is innocent. president trump did not commit any crimes i would say the same thing, right? >> if you he's he's a former doj attorney. >> he's been white-collar defense scenario for awhile hasn't tried many cases in the defense. so this will be interesting to see how he does in this role and elie honig,

you know, him. >> yeah. >> so todd, blanche and i worked at the us attorney's office at the same time for five, six years. and alvin bragg southern new york southern district of new york federal prosecutors across the street. >> todd was chiefly he was the chief of the violent crimes and gang section. >> so we get murder, guns, drug type cases. he is very experienced in the courtroom. he knows what he's doing most important thing that you should understand is break that he breaks the mold of what you think of when you think over the last six, eight years of donald trump attorneys, this guy is not a rudy giuliani. he's not agenda llc is not a sidney powell no offense to you. tell me you got it exactly? >> something you want to of the more professional ones that trump's lawyer, mr. blank, comes in the middle, so it's same. >> that donald trump is larger than life. but quote, he is also here in this courtroom doing what any of us would do defending himself and what blanche is doing here is reminding the jury, first of all, of the stakes second of all of the burden of proof. right? they don't have to prove anything. it's all on the other side of the courtroom. it's one of the few luxuries that you have as a defense lawyer. todd blanche is not going to pass on

the podium. he's gonna be firm, but he's calm and he's a tactician and so is his co-counsel, susan necklace and karen, what your take on this so far this is just the defense you pretty much expected. >> absolutely. he came out the fighting. he so he's innocent. right? because that's not the not binary choice. the jury doesn't pick guilt or innocence. they pick guilt or not guilty. >> and todd blanch just noted that they're going to call mr. trump, president trump out of respect because he respect, quote, an a title that he has earned because he was are 45th president. again, kind of a reminder that this isn't just a regular defendant. >> well, you're going to hear the prosecution call him defendant trump, or just the defendants? yeah. >> exactly. former president was drives him crazy former presidents but you were saying that this is pretty much the defense you expected? >> yeah. but he's really his coming out and saying he's innocent. >> he's saying he had nothing to do at this. he is innocent. he's not just technically not guilty. right. and that's the

defense sometimes they will say is the prosecutor didn't prove the guilt beyond a reasonable doubt, and that's more of a technical technical thing. he's actually emphatically saying he's innocent and that's i think that's really interesting because the jury is going to expect then for him to back that up, show me that he's innocent. so deepen the fever swamps of maga. there are theories that i won't even introduce in our panel here about why stormy daniels was paid money and it has to do with someone else being involved with are not donald trump. are they going to have to introduce a countervailing narrative to back that off. >> so there'll be, there will be an instruction by the judge that says you can't hold anything against the defendant if he chooses not to test two pi, there's already been an instruction in the beginning where he said that defense doesn't have to present any evidence. so they will say that. but look, jury jurors are human beings and they're going to say, look, you said you were innocent if i was innocent, i be jumping up and down. i would say that i'm innocent. i would get on the stand. i had nothing

to hide, so i do think that it's human nature nature, even though they're not supposed to want them to back it up. i mean one, when it comes to the pleading of the fifth amendment, he has said that. >> and so many words about those who are interested would not actually plead that he is not necessary have that moment here. but important to consider the fact that whether there was an actual affair or not does not matter for the purpose of the prosecution whether it's true does not matter. what matters is whether he believed it would be a problem to his campaign and that's the follow-up is going to be concerned here. remember, one thing the judge said last week is he did not want to have a trial with a trial that includes things which spec to prior bad acts might be litigated, but also that issue. and so the prosecution will focus and you see this issue here that the story the prosecution told is not true. he flees the defense and they'll find plenty of reasonable doubt. well, if it's reasonable doubt with respect to whether the affair occurred, that's not enough to get you under the 34 counts of falsifying business records is only if they can have some seed

of reasonable doubt to suggest that you didn't actually falsify the records. you didn't have an intent to try to commit some other crime. brown campaign finance that's what matters, not whether there actually was an affair, but he leaning on the reasonable doubt argument, then i would suggest that that they acknowledge and blanche's just said that would prosecutors told what appears to be very clean, nice story. it is not it is not simple as the people just described. so he's leaning on the idea that like this nib narrative introduced by the prosecution might sound nice, but there's a lot of reason to doubt it and he's leaning into the idea that like any doubt means you have to find him not guilty, which is the law that is what the jury is supposed to abide by, that if there's any doubt in their mind that the charges against donald trump are not accurate, then they should not convict him. oh, there's another update. blanche is now walking through the checks that were cut from michael cohen on and 2017 after he became

trump's personal attorney? well, it sounds like they're trying to well, just show a lot of payments out of payments and how right. i mean, that's the idea. le like you'd look at all these checks that we paid to michael cohen. why would these three? >> be fishy? the trump attorney, todd blanche is saying the 34 counts. ladies and gentlemen, are really just pieces of paper. >> this is part of the branding battle that we're seeing here. trump's team has arguing this is an ancient paperwork violation. we just heard the de argue this is an attempt to steal the 2016 election. the focus will be on those reimbursements that checks the legend your entries that were used by donald trump to repay michael cohen. and i think what we're going to hear out of the defense team here is michael cohen and lls suburbs were the ones who said to set it up that way, donald trump is fairly clueless. in fact, the tape we've been talking about where cohen recorded trump trump just says something like we'll pay cash and colugos. no, no, no. i got it. and so what i think we're going to hear out of the defenses, this whole scheme, the setup, checks the reimbursement that came from michael cohen and trump's

attorney, todd blanche, just saying to the jury, none of this. anderson cooper, none of this was a crime we expect. >> todd blanche is opening statement to be shorter. we believed it was supposed to be embedded in the 20-minute range. where's the prosecution was supposed to be about 40 minutes or so? >> yeah, about half the leg and just a reminder that we're getting this and he's acknowledged i think by the way, that stormy daniels did, in fact sign an nda in october 2016 and exchange for $130,000. and there was an agreement here that she did sign this nda. he's acknowledging the deal i'm sure he reminds the jurors that it's not a crime to enter into a non-disclosure agreement with anyone now here, i think what you're going to hear is just for a moment. it's ago they were talking about how the prosecution laid out a simple story then argue that this is not simple and complexity is something that they are going to seize on the way this has been charged. these 34 counts each one representing a different documents. and the fact that this has been sort of

attached to a federal crime, election interference. they're going to seize on that. the defense attorneys to try to undercut the legitimacy of this case. they're going to try to sow seeds of doubt in the minds of the jurors and just to remind those are not just about the case itself, but also about some of the the witnesses in this case, particularly michael cohen. >> i mean, they are going to go after the credibility of michael cohen. >> yeah. and they have a lot to work with their right. he has pleaded guilty to line in the course of this investigation, false statements to congress. he has a pretty long rap sheet when it comes to not only not being honest, but also having a vendetta against former president trump, right? he's written two books, one called revenge. she has a podcast, was constantly attacking trump. all of that will be laid bare during his testimony, but these updates are coming from her colleagues inside the courtroom because there are no cameras inside court, so they're providing us these real-time updates that you see on the side of your screen. >> the thing about michael cohen noted and again to trump attorney is saying, ask yourself, would a frugal businessman who pinches pennies, repay $130,000 debt to

the tune of $420,000. he's trying to argue that it wasn't paying michael cohen back for the uh, hundred and $30,000 that this was not just a reimbursement that he was paying michael cohen for legal fees. >> that's been their argument because it was marked as a legal retainer and that of course, rudy giuliani and self said at the time that michael cohen wasn't doing legal work for trump. the other thing that's interesting about what trump's attorney is trying to do in these in this opening argument is you he said he's going to call trump president trump because he said he held that title. he deserves that honore. >> but he also said he's just like you. he's he's husband, he's a businessman. he's kinda trying to make him more relatable to the jury. i think it's going to be a hurdle to describe it as relatable to pay a former one-star hundred and $30,000, but that is clearly what part of what todd blanche is opening tactic here with the jury is going to be is saying that none of this amounts to a crime he was just simply paying him back. and so obviously he's taking what the

prosecution was arguing in their opening statement, saying that trump was so frugal, he doesn't part with this money easily to say, well, if that's the case, then why would he have given michael cohen 300,000 more dollars than what you it's also interesting that for them to go after michael cohen obviously, they have to do that for their case, but if the argument is michael cohen who is sleazy, he's unreliable, he's untrustworthy. this is a person who is at the right-hand of donald trump for many, many years who worked very closely. this is the kind of person that donald trump bonded in his orbit. >> yeah, that's a flip side of that other side of the argument, which is 400 somewhat thousand dollars that was paid for legal services. he was someone that we entrusted to help us navigate legal questions, but on the other side, you can't trust anything he says and he hates trump now now it's a complicated story between michael carlin and donald trump, and that's something about the prosecution and the defense will have to grapple with in terms of what we should expect today. again, for viewers, who are just joining us, we do expect david. i mean, it seems like they are

moving pretty quickly you've already heard opening statements from prosecution. we're now in the opening statements from the defense. as soon as this is done, first, witness should be called. >> yeah. prosecutors will go first and questioning that what trump had nothing to do with the invoice as his attorney with the cec being generated or with the entry of the ledger. and that is really going to be what from what? we've gathered from our sources is going to be the heart of trump's defense, which is one you can't trust michael cohen and to michael cohen was doing this on his own, that the people who are involved actually making these payments and legend putting these down in the business ledger that was all of the people who worked for donald trump that it wasn't trump himself that was doing that. so they'll emphasize his role as his the attorney. they'll emphasize allen weisselberg role and say they essentially it wasn't trump's knowledge. david, though, the first witness, may very well contradict that, and undermine what this opening or especially their argument there's look down from his running this company. he's not going to be bothered with what's right. >> yeah. but david is going to

get on the stand and say yes. and august 2015, there was a meeting between trump, myself, and michael cohen and here's what trump said in that meeting. that's what they're going to ask him about when she was appointed. david has made a deal. trump's attorney says he specs at trump organization accountant to testify at the trial david is has made a deal to avoid prosecution. >> so previously an ami the company that owned the national enquirer, they had a non-profit prosecution agreement with the justice department as part of that, michael cohen, he was he needed plead guilty he was convicted, but cooperated. so he did not have to plead guilty. who's not formally charged. so yeah, he has struck a deal for himself and his testimony is part of trump that exactly his cooperation, providing details about exactly what happened in an around the payments specifically to karen mcdougal? >> well, and the reason it's notable that the update their that the attorney is going to testify, the accountant is going to testify. the trial is because she's the one who actually wrote the books. the

problem that they're going to have with that though, is trump's name is on the checks and he signed to these checks. and so as much as they are trying to distance himself from these payments, he did actually sign them and some of them were signed again the white house. and as we know, michael donald trump is very reluctant to pay attorneys even when they do actual legal work per we've seen that play out in the last year with rudy giuliani, who did go to mar-a-lago and begged in trump to help him with his own legal fees. and trump told him no.& so there is a moment here where that will be something whether or not that's something that prosecution is able to successfully bring up. >> who's talking about it. you're saying that the reality is mr. trump is not on the hook, is not criminally responsible for something mr. cohen may have done years after the fact remains to be seen obviously, what the date will testify to make counter contradict that that it may show david may be able to say right then in that meeting that donald trump talked about this

as being something he wanted to stop before the election. yeah. and this is why david is so critical to pick off the prosecution's case because he will show that this wasn't just a woman who came forward with allegations after the access hollywood tape, someone needed to do something. this is all part of a plan and something that they had already done with the least one other woman. and of course, also with this doormat who falsely alleged that trump had fathered a child out of wedlock. they had already paid people to keep quiet about unfavorable attorney saying i have a spoiler alert. there's nothing wrong with trying to influence an election. it's called democracy. >> that's just three argument that they're going to be trying to push back off i'd and trying to make her saying that there's nothing wrong with that because it's not the trouble is going out and just campaigning and criticizing stormy daniels or michael cohen at the time these are payments that were being made behind closed doors that trump was lying about for months about his knowledge of them. i mean, no one will ever forget who covers the white house when donald trump was on air force one? a reporter who now works the wall street journal asked him, did you know about these payments is $130,000 and he

said, no, you'll have to ask michael cohen course we now have later learned he did no because he signed trucks reimbursing them for it from attorney says entering into a non-disclosure agreement is perfectly legally. you will learn the companies do that all the time with something regularity yes. >> for the companies are not running for the presidency, they're not subject to federal campaign regulations. so the argument that prosecutors so we'll make here is that this hush money was done in an effort to help trump's chances in the 2016 election. >> and that is what makes it different. that's the question. course is whether or not they're going to be successful. and i do think polymyxin good point that that is why david is going to be the fur is expected to be the first witness here to undermine essentially part of what trump's team is arguing in their opening statements. they had a pretty good idea of what the prosecution was going to argue. they knew what they were going to essentially say here i should note, obviously, the the opening statement for the prosecution went about 46 minutes. todd blanche's is expected to be less than half of that before they actually

get into david. but then they will have the chance two cross-examine him and ask him about trump's and attorney said his client quote, fought back to protect his family, his reputation in his brand that is not a crime the state is saying that this was to influence the election. he's saying this was about protecting his family, his reputation, and his brand, which is essentially the john edwards argument and what his defense was, which was to protect my family. it was not to influence the election. the question is whether or not donald trump will be able, whether trump's defense team will be well to successfully make that argument is they are looking at their stories of karen mcdougal, the other allegations because it wasn't just the storming stormy daniels story. there are multiple stores for is that are the catch and kill efforts here that david national enquirer, we're going after it also be interesting to the how, how aggressive the trump's attorneys are with david because obviously david knows a lot of the background, a lot of the secrets of donald trump,

yeah, got to be careful there. all right. good. gently. and he's also someone who's been a big trump's the for a long time. he was a huge fan of from attorney says that daniel's false allegations of an affair with trump was sinister& an attempt to embarrass president trump to embarrass is family. >> let's go back to jake and dz. all right. anderson, thanks so much. and so trump's attorney, as anderson just pointed out, says that danny stormy daniels, false allegation of an affair with trump was quite sinister. and an attempt to embarrass president trump to embarrass his family. so it's interesting here, ally, they don't actually have to disprove that there was an encounter between donald trump and stormy daniels but they are seeking to say that the entire story is not true, right? >> so it doesn't matter whether donald trump and stormy daniels was actually had a sexual dalliance in 2006, are not what matters. is that stormy daniels came forward with this and here we see the competing narratives. we're

are the only just because the judge just call the lawyers to the bench. right after trump's attorneys said that the lawyers had negotiated the non-disclosure agreement and payments. >> so that's interesting and that happens sometimes what usually only predicates. this is something that defense lawyer said raised an objection, either the judge himself or perhaps the de had some objection and usually you're not going to hash out and objection like that in front of the jury because you could be talking about things that won't come in because the prosecutors it in russian sustained. so the prosecutor's point stands. why why would russia can sustain that objection? so he would sustain it if the defendant, the defense lawyer, was getting into argument, meaning taking a fact and then saying, here's what this means, der, you're not supposed to do that in opening. that's why we don't actually technically call them opening arguments. >> although the trump's attorney, mr. blanche, just said there is nothing illegal about entering i'm going to a non-disclosure agreement periods. so that's argumentative. >> right. because the prosecution argues that while the maybe the hush money payment itself was not illegal, but the way they did this one

is illegal. >> this is about the nda though, right? so the nda, which was what they were paying, stormy daniels for, they gave her michael cohen gabriel hundred $30,000. that non-disclosure agreement is what she gave them in exchange rate, but also there's awesome reporting though the todd blanche, the setmayer comment to allude the fact that the allegations by daniels was almost to extort president trump. that's what led to the sustaining of the objections because it is if the allegations going beyond the scope. >> right. and todd blanche, his point is just because they entered into a non-disclosure agreement, doesn't mean that he donald trump did anything wrong or that anything even happened exactly which the jury will have to weigh whether they believe that exactly. and i think what may have caught the judge's attention there and the da was the calling it extortion that's going to be very debatable. that's argument. >> that's what and jim trusty is joining us here. i assume mr. blanche, your former trump attorney, mr. blanche's conducting the trial the way that you would expect him to yeah. >> i mean, i think both sides

had to focus on michael cohen and the prosecution emphasized heavily that they don't view this as a case that rises or falls on cohen's credibility and that's a smart thing. cohen has demonstrably bad credibility, whether it comes to bias against trump or convictions for lying to law enforcement or being a failed cooperator no surprise that todd blanche would then turn around and say this thing is all about michael cohen and that his credibility is the key and you can't you can't call it corroboration just because there's a paper trail. what matters is cohen's interpretation of president trump's intent, crime of these agreements. >> so here we have todd blanche to trump's attorney saying what we also heard from the prosecutor fusion, which is you're going to hear a lot about michael cohen. they're both both sides are saying that trump's attorney talking about how michael cohen wanted a job in the trump administration after the 2016 election, didn't get one trying to create the idea in the minds. of the jurors that this is sour grapes yeah. >> i mean, look, you've got such a fertile battlefield if you want to go after the

credibility of michael cohen, i think any any lawyer would salivate at the idea of having a chance to cross-examine them. and some of its bias, some of its comes from sour grapes, some of it comes from the failed relationship that he had with president trump, but yeah, they're convictions in a failure as a cooperator big moments in terms of judging him and todd blanche says, unbeknownst to president trump and all the years that cohen work for him, cohen was also a criminal. now, this i suspect karen and le is a reference to the thing having to do with the medallion cabs is that is that right? coming in a lot of things. let me michael cohen and ended up in admitting to the bank fraud multi-million dollar there's relating to he used to be a lawyer that dealt with cab medallions in new york city. he pled guilty to $4 million worth of tax fraud. but what's interesting and where this is going to get really contentious, this allegation by todd blanche is how about the crimes relating to this the campaign finance that michael cohen pled guilty to how about the lying to congress about donald trump's effort to build in moscow, michael cohen and the prosecution are going to say he did that width and four and at the direction of donald

trump, it sounds like trump's saying, well, he got duped by his own lawyer for the jury. can mr. blends could saying just now, karen, that michael cohen is, quote, convicted perjurer, which we've already discussed that's the earlier about his his lying to congress and it admitted liar and in 2018, he got caught. >> so karen, what they're trying to do here, the trump lawyers are saying oh, my god, donald trump had no idea that michael cohen was such a bad actor. and it's not just stuff related to things he did for donald trump, which which is the lying to congress and such, but also things he was doing that donald trump didn't know anything about trump's attorney saying that cohen is obsessed with president trump, even to this day, noting that michael cohen has a podcast and does other political commentary, especially on msnbc, criticizing donald trump. >> yes. so you're getting a preview, if you will. it's almost like an argument. what's he saying? i expect the evidence will show and he's giving his arguments in the opening statement. and that's how he's doing it, right? he's

saying i expect that through my cross-examination of michael cohen, you are going to see that he's obsessed with president trump, even to this day. write noting his, his podcast, et cetera. and that's how that's how todd blanche is going to do it. i think you're going to see a very vigorous cross-examination of michael cohen. and this is, this is why the prosecution said, don't you're not only going to have to rely on michael cohen, there's also going to be evidenced that backs up everything he says trump's attorneys reading the jury opposed from cohen last night calling up a despicable human being and saying he wants to see him i the things cut off there so i can rate a bit. he wants to see accountability. i manager. >> well, this is exactly why they want to have the argument, don't just take our word for it or his word for it corroborated mission will be key for any rehabilitation of credibility. it's also really be key for the actual jurors to see it for themselves to line it up. what was the work that you invoice for? what was the work that was or was not done where's the check?

>> how do i have the receipts is all part of these things the jury needs to have things said to them multiple times. i mean, the idea, repetition is why sermons work, right? why a great speeches work. you want to have it drilled into the actual minds of the jurors that this happened again and again, again, which is why you show the pattern of behavior as well. this is not a one-off, it is a pattern and it happened. >> so the lawyer has been called to the bench because the district attorney, the prosecutor, objected to to statements from trump's lawyers, from todd blanche about michael cohen lying. judge merchan sustained the objections. i guess karen, you were suggesting that you found you were founding it argumentative bit what they were saying. and i get it sounds like judge merchan agrees exactly. save it for your summation. save it. looks see if the evidence does show these things right. because because there are rules about what he's supposed to happen in the opening argument. the opening is just supposed to be a preview of what they expect the evidence to show. you're not supposed to make arguments and traditionally, lawyers don't typically object during openings are summations. you kind of sit back and let them

make their argument unless something is really egregious. so the fact that we've seen a bunch of a bunch of nih think worth three objections so far from the da's office in a 20 minute opening. that's a lot. you could see tensions are already high in that courtroom. >> damage is done by the way. the jury is hearing parts of these statements that are being made. and of course, you can have the objections happen, but this defense council is well aware of the fact that although his words are not evidence since they are probably landing in ways that are making people think maha, why are they objecting? what don't they want me to hear and what about michael cohen? >> so jim, do you do are you surprised at either the degree to which the district attorney's objecting to comments that the defense is making in their opening statement, or are you surprised by? them get going up to the line in terms of how argumentative the defense attorney is or both. >> and more and more of the former. i mean, i do think it's just kind of an unwritten rule that unless it really hurts you, you don't object during the other side doping statement, and everyone knows opening statement, you try to pack in words that are at least

argumentative words or phrases even if it's not truly argument but luck. i mean, he's landing blows against the really easy target. attorney convicted of dishonesty. that's a huge starting point and any criminal trial, trump's attorney right now, continuing his his opening statement, i agree with what jim saying. it is rare to object during the other sites opening. i don't know that i ever get it because you want to look calm in front of the jury. you want to look on both other, but i think what's happening here is both the da and the judge want to establish discipline early. they don't want it. once you start letting things slide, even if they're small technical violations, you might otherwise overlook. i think they want to snuff it out right? and beginning here yeah. and they're being sustained. the judges agree. remember, this isn't this has a judge, first of all, go back a little bit. this the same judge who trump had been criticizing for how long that people wondered whether or not it would serve him to his benefit or detriment if you continue to do so, this, judge is probably not thinking about those personal attacks on himself or his daughter. he's already thinking about the idea of i have to control my courtroom. i have to make people know that you have even

had cohen on the stand yet, you have to actually impeach him with these other information. you can't just get ahead of the cart and say, all right, jury, this is enough. >> you have to prove it during the trial. >> so trump's attorney, mr. blanche is telling the jury that they will learn then michael cohen, quote, has pled guilty to lying under oath. we talked about that earlier. uh, dan and that's a reference of course to michael cohen saying to congress that he only talked with donald trump about three times about the ill-fated moscow trump tower plan when actually the real time was about ten. he later they're admitted that and pleaded guilty to this violation of not telling the truth to a body of government. >> yeah and then has since on that and other issues said that, well, he was again, still trying to protect donald trump, but it's it's an early reminder and its signal, how critical michael cohen is going to be. >> two this right off the bat, you are seeing the prosecution

layout his involvement and say you're going to not just hear what he said, but you're going to see what he did you're going to see the documents and immediately the defense saying that he is absolutely not the person you should rely on. another update, cohen's quote, entire financial livelihood depends on president trump's destruction that's the defense attorney. and saying it is actually true that what michael cohen is doing now to make money is podcast and other. >> and todd blanche, trump's attorney saying the jury, they can't make a serious decision about donald trump based on cohen's testimony. and so far in the opening statement uh, by the defense, jaime gan go todd blanche is basically said michael cohen has sour grapes because he wasn't pick to join the trump administration in 2016 that michael cohen was a criminal unbeknownst to donald trump, who had no idea he would engage in such devious activities and third, that his entire financial responsibility

right now every, has everything to gain by destroying donald trump. that's where his podcast is. that's where that's why he's called to go on msnbc, et cetera, because of his opposition to trump, i would add one more thing. michael cohen went to jail in this case that was not pleasant. i'm not saying that this is revenge. two things can be true at the same time. he can tell the truth when he gets on the stand. >> but he is is he's not happy with donald trump. i do want to say one thing, and this is really for the lawyers. sometimes you haven't you you've all talked about having a witness that you have to rehabilitate when they get on the stand? >> i think it's also true that michael cohen, along with the documents, but just his personality, he may actually be a very good witness especially with these jurors i mean, wait

and see, but it's so he communicates with blanche just said that stormy daniels has made a life of her story, even though she wants publicly denied in a fair in writing. >> so what we have here, laura is once again, they're trying to go after the witnesses against donald trump, which is what any defense attorney would do. you're going to hear negative things from stormy daniels. she's made her whole career off of this. you're going to hear negative things about donald trump from michael cohen. he's also making his whole career out of this. what will be interesting, what, what they say about david. but walk us through the objections that the district attorney has made, although i wanted just like leading up to the 2016 election, trump's attorney said for me. daniel saw her chance again, the idea that she this was all just a predator name, stormy daniels going after innocent donald trump. >> now, keep in mind, of course, that again, the allegation of the affair is what they're focusing on in the fallout from it did lead to the payment by looking at the objections, just taking notes

on it you just mentioned three key players here. one was stormy daniels, one just to interrupt, sorry todd blanche, noting that stormy daniels owes trump about $600,000 as a result of her failed legal attempts against him is anywhere anyone here want to give us an update on what that's about, jim, are you are you are well-versed in the $600,000 stormy daniels donald trump. i know. i thought it might have been like a defamation related. if i remember correctly, but i got tell you. i mean, you just said any defense attorney would do this thing i would been much more subtle about any criticism of stormy daniels really. yeah. i don't think that's the battleground you want you don't want to start looking like you're just attacking everybody that's going to show up, including i think. you say, look, nda's are not illegal. this is a political campaign led by michael cohen, who's still on tv every night. yeah. and you keep all michael cohen, you have the focus entirely cohen. and if you might say something subtle like you're going to learn there are some motivations that would make stormy daniels a suspect witness to, but you don't you don't delve into fighting the

women that are part of this is it doesn't matter. >> todd blanche obviously, launching a much more aggressive assault and he just said to the jury that stormy daniels, quote, has no idea about the business records at issue in this case, and he said stormy daniels testimony i'll salacious does not matter. anderson jake, thanks very much. >> back here with kaitlan collins. paula reid in new york just to pick up on that, going after stormy daniels. >> here's another update. it's not a scheme unless a scheme means something that doesn't matter. that's not illegal. blanche says of the catch and kill agreement with and there is nothing illegal about the caching killer so agreement as sleazy as it may be, exactly the argument way this case to be framed by the prosecution is that this was an effort to help trump's chances of taking the white house and they alleged the documents were falsified to cover up what this really was in an effort to help his chances in 2016. and that is the crime. so here you see defense attorneys reminding

people what we know, what we said on air which has again, at a fair, not a crime, a hush money payments, ndas not crimes also, as our colleagues were noting, in dc, going after stormy daniels isn't interesting thank packed here. >> and the defense attorney is saying tell us the jury to listen to david is testimony. he is the head of ami, which owned the national it's not inquire. listened to david testimony over the next couple of days encouraging the jurors to listen to motivation to sell magnets is making very clear where he'll go david, when they have the chance to cross-examine him. one thing he when he was talking about stormy daniels, it seems very clear trump's legal team does expect stormy daniels to testify. that's what i read that's what my analysis is of what todd blanche was saying. they're saying that maybe it's going to be salacious, but it doesn't ultimately matter. your because she doesn't know about the heart of the allegations here, which is about how these payments were categorized in donald trump's records and his financial records here that is something that's notable, but

saying to listen to what testimony was for selling magazines, i mean, anyone who's ever picked up a copy of the national enquirer would know that it's interesting though, to kinda turn david against that because for decades donald trump used david to his advantage. i mean, this was not just about the campaign. this was a relationship that dates get back to when he ran the trump style magazine before he got to national enquirer, but he was at national enquirer or when the apprentice became a popular television show. and that is when women and their stories of donald trump started coming forward and the defense is now finished opening statements. >> so this is again, a critical juncture. we're going to get quick break. we're going to wait for the first witness, which we believe is david. we'll be right back so this playoff great teammates trusted each other we're going to do a trust falls, stand up. >> trust what you sent me up doc told you it was a dummy

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to answer meet noodles. sparred short hair and part ninja meet the bissell cross wave hydro steam. it's part vacuum. mom steamer and menchu nemesis this'll a new breed of clean. >> i'm rafael romo, the georgia state capitol in atlanta this is cnn welcome back to soon as special live coverage of donald trump's hush money trial moments go trump walking out of the courtroom after opening statements from both the prosecution and the defense. >> the first witness is doing on the stand half the court comes back from a brief recess. were backward paula reid and kaitlan collins. question is, will there will the witness actually be called because there we learned earlier today that they're going to stop at 12:30 because one of the jurors has a dentist appointment again, i just find amazing i

agree with you completely. >> one of the alternatives has a dentist appointment. we were it's an alternative. yes, it's an alternative. an alternate juror. but who has to be there and the juror notice the dej rather noted, we want all our alternate. >> right. we want everybody to do it. they have to do and return here, do this incredibly important task. they were only supposed to go today until two because of passover, but now they're only going to 12, 30. so that gives us 30 minutes, potentially to hear from the first witness. is expected to be david so it's unclear if the judge is going to be lecture brigham in swear amid let's get started, or at let's just wrap and start clean tomorrow again tomorrow. court also starts late because if former president trump, they're going to assess whether he has violated a gag order it's in place here. >> but i think it's important to remind everyone who we may be about to hear from and who is going to be this first witness because david is not a household name for a lot of people, but he's someone who is known donald trump for decades. you saw the prosecution start their opening statement by reference seeing david and the meeting that he had an august 2015 when donald

trump became a republican presidential candidate and the efforts that he went to help trump, with that campaign, whether it was what we're talking about, that's at the heart of this or publishing embarrassing stories about trump's political opponents, the other republicans who are also running for the nomination, we saw, we saw negative stories the national inquiry about ted cruz, about ben carson. >> ted cruz had to come out and publicly address it because it's the allegations were so ugly and obviously, a lot of negative stories about hillary clinton during the course of the campaign. the reason they're bringing him, and he is expected to be the first witness will see if you actually gets sworn in today. is because of the meetings though that he had with donald trump about suppressing negative stories. a lot of the names that we're hearing today, karen mcdougal stormy daniels, been dormant and which was an unfounded accusation, was because david found out about it first and told michael cohen and donald trump, i wouldn't bring in former trump adviser david urban davidai. understand you saw melania trump this weekend. she made her first solo appearance in a very long time at a it was a

log cabin republican savannah mar-a-lago. how did she see anderson? >> she was completely upbeat very professional, unfazed you know. >> nothing else was going on in the world other than that event she's not bill been in court with her husband. >> obviously, the trial, it's a affair that he had with a porn star. she stayed very far away do you have any sense of what she thinks of this case, which was far more personal than any of the others. he's facing anderson, my general sense of this, how i think a lot of people feel who are close to the president and feel strong about him. >> look, she obviously in my opinion, i didn't discuss this with their but i think she thinks it's probably feels this is outrageous. this case is outrageous, is an old case that the department of justice

took a pass on that alvin bragg, who is a district attorney who ran saying that i'm the best suited person to take on donald trump and take him out and he was elected as a basis of his platform. i think that generate sympathy for the former former president amongst people who don't even like him. i've heard some people say, listen, i'm not i wasn't in voted for trump. now i'm consider voting for the guy because all this law faris he going on, it really i think is backfired, asserting stent in the political and the political realm, not dogging illegal. i have no doubt that this jury in new york is going to find him guilty. and there'll be an appeal at some point. but in the political realm, i think the case maybe backfired because it's creating a sympathetic character and donald trump one of the threads that came out in opening statements this morning was motive that trump feared that if the stormy daniels story came out right after the access hollywood tape that could have been incredibly damaging to his campaigns. so that's why he

arranged the payoff. i mean, do you think stormy daniels story would have been very damaging? >> the anderson i can tell you that i was on i was there. okay. i was i got the receipts. i was there. i was on the campaign during that the access hollywood tape, when it was revealed on that, i think either friday or saturday night, and i believe i have to go back and check the records. i believe i had the first public event with president so if no candidate trump at the time and amperage pennsylvania and nobody cared nobody cared about at that point in time. and i think that any follow-on or subsequent stories that negative stories about potential are alleged. pecco delos. i don't think we'd had an impact if that access hollywood tape didn't have an impact? don't think any stormy daniels story would have had any impact either. so that narrative i think is a little weak if you go back and look at the history you don't think i mean, it's certainly had an impact. >> plenty of people seem to

care. you're saying that people at the event you were at didn't. but i mean, there's certainly was a lot of there wasn't their concern within the campaign, weren't there are people within the campaign who were concerned anderson? >> absolutely so when when the tape came out, a great deal of concern, right. >> but as the days went on and the weeks went on, you saw that people didn't they weren't they weren't electing donald trump to be their pastor they weren't electric donald trump to be there. they're moral shaman. they wanted to be president and they thought that, you know, if it did occur, that it was something that happens is in locker rooms across america as the former president said. so, yeah, it did have an impact, but not to the extent that i think that this case is going to try to make can see my get an impact that trump's the trump campaign. one of toppled over with one, one more bad news story. a week or two later david urban david, kentucky. and thank you very much we're

just so donald walking back into the courtroom here with a paula reid& kaitlan collins, that was the argument that down trump made that they sort of ended up on, which is this was locker room talk about the access hollywood tape and that's sort of the line that they embraced. >> it was a moment of complete crisis when this tape came out. i mean, the idea, yes. now, they'll say you know, when something happens. oh, well, it kipp is bad as access. hello, but the fact that they survived and lived through that it's kind of gallows humor among trump, aide who were there at that time. also, there's evidence and documents to back us up where hope hicks, michael cohen, others were talking about this. i mean, that tape came out when they were in the middle of debate prep. it is lowered. >> it came out on the front. i mean, i remember i did the debate on sunday we were doing debate prep friday is when the tape came out. i mean, it was a bombshell. >> trump's fraud, hoover's that he was going to drop out and brought the clinton and the bill clinton accusers to the debate. i mean, it was, it was a pivotal moment in the

campaign and it also is a pivotal moment that ties back to stormy we, daniel's, because as we were saying earlier, initially, she came forward with her demand for $130,000 to not tell her story publicly, and they believed it was too high after access hollywood, that changed and she was paid the $130,000. so that itself speaks to the impact that this had on the campaign. also for melania trump, i will say the reason that this case is so personal for donald trump is because as this was becoming a public store in the nature of these allegations would trump denies to this day we're coming out it deeply disrupted his relationship with the former first lady and you have not seen her accompany him to court at any moment during this trial? she is out on the campaign trail shoes at that fundraiser over the weekend. it is a deeply personal story and it's one of the most sensitive for donald trump. because of how it affects his relationship with malonic jury's back in the courtroom, polar and david has just been called to the stand,

so we'll see what he has to say as he takes the stand. only have about 25 minutes here before court is expected to rap, but i completely agree with if caitlin i mean, the idea that the access hollywood tape was just a blip for the campaign. now, with the benefit of hindsight hindsight you can see that even some of his closest allies that was almost a breaking point for them. now, let's talk about who david is, right? we've heard a lot about him it's morning, but he was a publisher of the national enquirer leading up to the 2016 election. and i would expect the prosecutors will start their questioning the same way they started their opening statement. they're going to take it back to 2015. they could even take it earlier to really set the stage for the relationship. this close ally ship between and trump. and then they're going to walk through their theory of the case and how david packers understanding right of this effort to help china can help their case. and david, we should note, has now been sworn in. he was to donald trump they don't speak to michael cohen,

the three men who were at the heart of this meeting that the prosecution is going to talk about. none of them are speaking anymore and it's just it's it's speaks to the relationship that these are two people. trump had a decades-long relationship with. and now none of the three of them speaking and we're going to hear in detail about this meeting. but what an extraordinary idea that they would have even had this meeting, which is essentially david, how can we help you? become elected president? packer walked behind trump's cero, did not look at him as he walked slowly to the witness box. this is these are notes from our team of three we have in the courthouse in the courtroom sending out information minute second-by-second as it happens, we're reading them out to you. you see them on the left-hand side of your screen? i mean, this is really the idea that they called him as the first witness shows his importance, the importance of this meeting that was held at trump tower. >> i'm just as someone who is covered donald trump since his rise on the campaign trail. two, for it to culminate in

this moment where someone that he once was in meetings discussing sensitive allegations that were being made against tim, true or false, depending of course, on who you're asking here. that is culminating with david taking the witness stand and donald trump at the defendant's table from looked up michael bye these are two men who have not spoken since all of this became public, since all of this happened, and since david, who is, as we were noting earlier, is not someone who can and be charged in this case that he can reveal such information about direct conversations with donald measure what must be going through the mind of donald trump. i'm, this is a man who he has had a decades-long relationship with. josh steinglass this is questioning for the prosecution. decades-long relationship with was the keeper of many secrets, on trump's stop the magazine. >> it was literally called trump style. i mean, these were let's do people who were just to look at the arc of this relationship that is culminating in this moment is remarkable. and the importance of david not only to establish that there was a pattern of

trying apologizes about his first question, which is to david how old are you as a tough one, but you gotta do it. >> these are all the customary questions that you ask. i believe he's 72 but not only is it important for david two salish is a witness that this was a pattern, but also that trump knew because when we heard about that and the defense opening statements, a few moments ago, they kept emphasizing trump had no idea of a paperwork how these things were being being handled. this is really important that trump understands that money is being exchanged to suppress negative stories. >> and picker says he is, in fact 72 it's done glycine now walking through background, including these marriages, occasional background and his work as a consultant. that's important to keep in mind here as we are getting hearing the initial questions that prosecutors are asking david is this is not someone who is seen as a hostile witness against trump he is someone who went to trump we trying to help his campaign. he published it borderline insane, cover stories about hillary clinton when she was on the campaign

trail. this is someone who actively wanted donald trump to be president and to help get him into the white house, who was treated two lunches at the white get else and tours at the white house including of the lincoln bedroom in the early days of the trump presidency. so he's not someone who initially just turned on trump or didn't want him to but to have higher office from one was briefly interrupted by judge merchan to get the jurors note pads, and pens. >> yeah. the the juror is obviously want to be able to take notes of what they're going to be hearing from david. but as the judge was saying earlier to the jury, when he was instructing them, don't rely on your notes as a transcript, you can have a transcript of what the witness says, but your notes shouldn't being considered that as you're as you're listening to all of this the question of course, is how long the prosecution is going to question david four, because obviously after that, trump's team will then have the opportunity to get up and the question is how they will cry cross-examined him. we know what they'll do with michael cohen exists expected stormy daniels is a big question, but with david, this is someone who

had an intimate friendship with donald trump for decades and did not have an acrimonious relationship with him until now. >> it will also be interesting to see how much they tried to establish the friendship that, that existed between the two to kind of give a sense of motivation for the jury. >> yeah. and the fact that david was not directly involved in this stormy daniels payment after he it's cohen that she's interested in selling her behalf. the jurors had raised their hands when asked by judge merchan if they wanted writing materials makes sense or not all jurors necessarily want to take notes, but if they if they want to, they're able to exactly. >> i mean, like you said earlier and caitlin pointed out the notes help you, but they're not what you base your digit on, but also just the moment when we're talking about how they are establishing that friendship. this speaks to what we're talking earlier, which is donald trump has to sit there and listen to all of these witnesses this has come forward. >> he can't interject at any moment. >> maybe he'll make facial expressions or whisper or write notes to his attorneys, but he can't comment push back on what they are saying. which is

so it's a reflex for donald trump to be able to do that. and in this moment and in this trial, that will not be an opportunity that is afforded to him while he's sitting there at the defendant's table, he'll be listening to david give his account of that august 2015 meeting and of his relationship with donald trump and what that looks like. >> yeah. jake, what long string? >> paine's relationship these two men have had and now they are staring at each other across a defense table while david is testifying. >> that's right. how unusual and it was nine years ago in august of 2015, the david allegedly sat down with trump and some of trump's aides to talk about how the national enquirer& the tabloid media empire ami, could help donald trump and his rais for president in right now, steinglass, josh steinglass, the assistant district attorney, is having david walk through ami and what kind of publications has and as kaitlan noted earlier, one of those

erstwhile publications was trump style. this is a long time relationship and is looking at the prosecutors and toward the jury as he answers questions, he does not appear to have made eye contact directly with donald trump yet, although we're told donald trump is looking right at him as he testifies and jim, with the understanding that i'm going to rudely interrupt you to bring the play-by-play. >> you say that it makes sense to bring david out now, even though there's only about 20 minutes left before they adjourn because because one of the alternate jurors has a dentist appointment. i was prosecuted for 27 years. you'd run into these scheduling moments of where are we going to end the de you want to end strong everyday, particularly friday afternoons? so you coordinate your questioning in a way where it lands on a strong point and that's it. this is not enough time to allow for any cross-examination realistically. so you're not going to face the problem of a straddled cross where they start across and then have overnight to regroup and do more. but you do have an opportunity to end with some strong point whether that's a sign check or some sort of

communication between him and him and president trump. we'll find out, but i'd expect right at the buzzer, they'll come up with something that's kinda catch it. yeah, david says he was chairman and president and ceo of ami, the tabloid enterprise and had a 10% ownership stake in the country's laura coates as we're preparing david to only speak for maybe i don't know, 15, 20 minutes more. >> how would the prosecution and strong as jim trusty suggests, they probably want to do what what's, what's the sought to leave the jury width before they adjourn and recall they can still go tomorrow or the neck or the moment they want to end strongly want to give him some credibility. >> they want to suggest that he is somebody who is not an unseemly character, although his publications may have not been what people consider to be high brow, that he had a relationship with donald trump and knew what he wanted and that they had given take and that he wants to show that there were some level of ownership over his ability to catch and kill stories. this is

now going chronological. >> he wants to do they want to show that this person there was a history of this behavior that's why we angels that payment was not a one-off. >> this creates that foundational aspect jake, the fact prosecutors have chosen to call david first tells me that they have confidence in him you want to start off as a prosecutor with someone who you believe is going to make an impact would also be safe. and that's why you would never start, for example, with michael cohen. i'm sure the defense has a vigorous cross ready for him. but this is a sign of confidence by the prosecutors and the way they've ordered these witnesses, it is a big witness and he has immunity. and karen they're walking you through right now through basic biographical details. the jury, as we covered during jury selection during voir dire these are this is a group of people that hasn't really kept up on the news. they're not really super up on who any of these people are especially david, arguably the least well-known of the three major witnesses. david just told the prosecutor, yes,

i had the final say on the celebrity sayyed of the magazines going into the details. >> so what what is the point of what the prosecution's are doing here? just establishing the power and the influence this man had absolutely. i mean, this is where the rubber meets the road, right? this is where this is the evidence saying, by the way, sorry to interrupt. we used checkbook journalism, meaning we pay sources, which is not what journalists, traditional journalists do. you don't pay sources. and that's people wonder why the national enquirer is able to break all these stories having to do with john edwards or celebrities, they pay sources, they pay nurses, they pay policemen. they do all sorts of checkbook journalism, sorry. >> yes. so this is this is evidence wright, at the opening. statements are not evidence. jury selection is just that this is the first thing we are seeing that is actually now evidence of the crime. and so the prosecutor is using david to set the stage and just note that david is just talking about the checkbook journalism they practice if it was more than

$10,000, you would have to sign off on it. the only thing that was important was the cover of a magazine. said when asked if he had editorial say, the two things that he's establishing, one his employees could pay for stories or sources or whatever. but if it was over $10,000, david needed to be brought in and two, in terms of what's in the magazine, all that matters to him is the cover and what the prosecution with what josh steinglass is doing here. josh steinglass is a very, very seasoned trial experience, trial attorney. he's he's one of the best in manhattan da's office. what he's doing here is he knows how intimidating it must be for david to be having donald trump glare, glare at him from across the courtroom and lyrid him. he's trying to get them comfortable, is having them talk about things that aren't going to be difficult, get him comfortable in front of the jury, comfortable in front of trump, comfortable answering questions. so he hasn't asked him any difficult questions yet. and so you won't see that until he gets some use to speaking and used to used to

talking here. >> yeah. >> because they're not embarrassed that they practice checkbook journalism. jaime can go, this is what they do. >> that's how they make their money. that's why people hello by the magazines at the checkout counter i i'm watching to see trump's behavior now, opening statements, he behaved himself straightforward. pass some notes. now someone he knows very well is on the stamp. i don't know if in the next 20 minutes they're going to get to something that's rough for trump. >> but you can imagine the jurors are looking at david, but you can do two things at the same time. >> they're also going to be glancing to see how donald trump reacts. david was a person who had a classic transactional relationship with donald trump way earlier than when he ran for office. >> who as a celebrity in new york, as somebody who then went nationally when he was on the apprentice, is walking through

editor meetings for the jury explaining how they would look at the cover of magazines so to your point, clearly trying to make them comfortable, but jaime, the whole notion of saying these things being asked, these things trump sitting not far away. as somebody who has been at the defense table, so to speak with donald trump how do you keep them calm why don't you can call them internally that's what luck. there's no there's nothing that's been out here on these reports yet about glaring are leering at the witness. right? >> that's thanks. so far. >> gratuitous characterization. but what i would say is look any defendant, any kind of executive defendant who was so used to having control over their life, their business, their their daily existence is about giving orders to people. it's always a challenge for them to suddenly be told. you gotta be quiet. you have to be respectful. there's lawyers are going to do this stuff for you they're going. to be the ones that do the argument. the judge has to be respected. i think the difference here between

anything else that we've seen with president trump in court is that probably there has been a speech to him about if you alienate the jurors, you have only yourself to blame. like it's one thing to be outside talking about the motivations of this prosecution hello, angelo comes from dc to suddenly parachute in and revive this misdemeanor case. all of the things you could talk about about procedural fouls fall out the window because you're in trial. so you have to basically say do not alienate those 12 people because all we need is one of them. and if you act like you're impatient or disrespectful of the process it's going to be twisted into them taking. >> so david was just just asked to give the last four digits of multiple cell and office phone numbers. he laughed when he was asked to do so. he confused one, but he was proud. he remembered another, i guess this is just to show that how hands-on he was he was involved in specific it's also i'm sorry, jamie. >> i just wanted to ask this isn't a quiz with someone like donald trump though. are you

reminding him of that every single day before you go into court about being shot of the jury. >> but it's actually not just limited to him, but yes you've got a lot of people that are going to have very strong opinions. >> it's times ten. there's a whole political lane here that's different than any other prosecution i get all that. so yeah, you'd be like, hey have your spokespeople do their thing, but keep in mind we need these 12 people to realize your respect on the phone number topic. i think they're also trying to lay a foundation because they're going to have phone records that look like your phone bill, that list numbers, prosecutors going to go in and want to be able to say that's so and so's number we have an interesting proxy by to interrupt for one sex at trump's attorney, todd blanche is laughing at the routine as josh steinglass and david are going back and forth and josh just saying, this isn't a quiz, but you know what this number is. do you know what that number is? and david is laughing. trump is sitting forward facing appearing to watch the whole cross-examination saying he had to email addresses one for

general work and a private one for emails. i didn't want my assistant to say, well, that's interesting. i'm sure that jury has now i saying, well, i can't wait to see the emails from the latter one, the secret email account. and by the way, this happens, there are light moments in core and as a lawyer or a party, you want to be human. you don't want to be an automaton, you don't want to be angry. so something funny happens, have a laugh. no big deal. yeah, there we get. says he used the more restrictive email for sensitive matters. i'm sure they've wet the jury's appetite for those. >> you also want think about it. i mean, we talked a little bit with the cover of the magazines, but that's really important here because this is somebody who's expertise really fell in that he knew what was going to capture the attention of a nation. he knew what was going to make people lean in and pick up that magazine he also conversed. he would know which would make people not pick it up. and what he had to kill an order to not have the attention directed people. he didn't want to have a jerry i could see him. so keep in mind that foundation for this expert in this particularly witness, not expert in terms of a legal term of art, in terms of expertise, but his particular expertise

here is in knowing what this person on the screen have wanted to be on the cover and certainly around the time of a presidential election a hush money payment would have been there. so david here saying that he used this private email account, the more restrictive email that is assistant didn't get to see for sensitive matters in the context here is important, karen, because we're dealing with a tabloid publisher everything is a sensitive matter so to be a sensitive matter in his world is super, super sensitive because basically he's dealing with airing the dirty laundry of all sorts of famous or semi famous people. steinglass, the assistant district attorney, is now asking david about dylan howard, who was the editor in chief of the national enquirer at the time, dylan reported directly to me packer says he's clearly using david to set the stage for other evidence that's coming in. and so he's having him tell the

story. what are the email addresses? what are the last four digits of certain numbers? who is dylan howard? he's, he's setting the table with information and with witnesses and evidence that is clearly going to be come relevant later. >> is this jim trusty, when you said that what he's doing right now, having david testified, even though there's only a roughly eight more minutes left before they adjourned for the day. is this what you thought that they would be doing to just establish the credibility of this coconspirator according to them. >> yeah. you get him comfortable on the very interested in what? what's coming next.& you set the stage. and frankly, i think you get to like 12, 30. you look at the judge. if the judge is doing this, then then you show one splashy email that involves president trump. you want to leave them with something that's kind of sexy for overnight. and knowing he's not getting cross-examined for awhile. >> first rule of showbiz leave them wanting more. >> yeah, i think so we're dealing with. the enquirer or god knows, what else is in that secret email account, maybe bigfoot sightings and ufo stuff, but probably take one of those sensitive emails splashed

across the screen, let them go home to that. >> so what is the significance of dylan howard, the editor of the national enquirer. so he was right hand essentially he was out there executing some of these agreements, finding these stories, arranging the deals, and it's really important remember, the jury knows nothing. >> you have to assume the jury knows nothing. they may vaguely be aware of some of the big names, but you have to start from square one and you have to establish what are the key documents here and what are the key relationships who reported to who, who had what kind of relationship with who dylan howard that's going to become an important player sort of under david. we just heard about that. we've heard about his very name right in the opening statements and suggests that the two of them, dylan and the saying, what have we done in reaction to the actual election of donald trump? >> and when asked david, confirms that dylan howard ran the network of sources for the entire tablet but empire ami, his job was to maintain and cultivate relationships with potential sources. so again, dana bash not only establishing

david is credibility, but also dylan howard when it came to juicy stories, the assistant district attorney, josh steinglass asks, did dylan howard run those decisions by packer? yes, he did. says so establishing dylan howard is the guy running stuff. but if it's over $10,000 or really juicy, david was involved here's? how, can you imagine that being your job no nobody here can yeah. they're establishing the david it is somebody who is the most credible when it comes to having knowledge and having the ability to carry out not only the catch and kill, but also to to be involved in the quote, unquote scheme that the prosecution is laying out, that the former president, along with michael cohen and falsified his business records so david saying that he and dylan howard oh, no longer in contact. all this information on the left side of your screen that we're reading to you as we get it is coming from our

reporters inside the courtroom as it happens is contemporaneous as possible, and we should remind people jaime ganga, what we know of dylan howard and david is work when it comes to this story is they buried stories that the prosecution is alleging were true, such as donald trump's relationship with karen mcdougal, such as donald trump's dalliance with stormy daniels, and pushing stories onto their cover that were flagrant lies that were attacking ted cruz, attack can you ted cruz's dad attacking hillary clinton. anybody that donald trump perceived as an opponent, right? >> so dana earlier talked about transactional relationship. i think you have to go one beyond that. donald trump wasn't paying them to do that they were friends. he wanted to do it. he wanted david wanted donald trump to get elected, allegedly gave him dirt uh, judges now excusing the jury as we approach 12, 30 as we

covered earlier, one of the alternate has one of the alternate jurors has a dentist appointment so the jury is going to adjourn early today. >> i'm sorry to interrupt. no, i just think that it's important to know that david and donald trump were friends. >> he wanted donald trump to become president donald trump when he gets in the white house invites him, giving him a year's worth of headlines. >> they've had a long term relationship no question but at this point, it is october it is two weeks before the election. i do not think we can minimize or forget what that access hollywood tape was like judgment. i shan telling the jury to return it 11:00 a.m. east coast time tomorrow instructs them the court will go until 2:00 p.m. eastern time tomorrow. so three hours of court tomorrow. >> last point. they don't talk anymore the dylan howard and david don't talk. and david and donald trump don't. none of them, none of them talk and you don't forget tomorrow as

well as part of this hearing. hearing is the gag order moment as we're talking about the gag order and the allegations by the da's office that trump has violated at least seven times this this guy guerra. so we'll probably have at some point tomorrow that hearing is after two or before 11. i'm not sure. all right. anderson jake, thanks very much. >> a back here in new york with paula reid and kaitlan collins. >> so court is done for the day tomorrow at 11. >> it restarts. what do you think stands out? obviously, david parker was not understand long enough to really say anything significant. >> yeah, it was pretty light witness to start things off with, write, learning about the process at the national enquirer, got to think google's right the questions that they asked him but overall, it was very much what we expected and what we laid out. but you can see the tension increasing between the prosecution and the defense. i think that is something that is going to be on display throughout this trial. we already sought, as our colleagues pointed out, it's unusual to object. someone's opening statement said that multiple times and i think that is only going to escalate of

the court this trial will also what they were trying to do in this moment is establish what david did at the national enquirer, how the national enquirer worked with she made very clear. he called it checkbook journalism that they paid for stories and has trump's team was arguing in their opening statements, they were saying that these kind of catch and kill processes are normal where people pay for stories and note published. that's not normal and that is not put most journalists do just for everyone should just put are david is stepping down from the jury box. he smiled and he said hi to trump's table as he walked past the first acknowledgment between the two that we know about. we don't know what it's just your marketable. they don't speak anymore. they have known each other for decades and he did a lot of effort, a lot of work on trump's behalf to help him get into the white house using the platform of the national enquirer. and now it is completely turned its head on both of them now he's a witness in this case and donald trump is seated at the defense table. >> but what they're trying with the prosecution was clearly trying to do was establish david is role. >> what he did what the editor

in chief at the national enquirer did, what dylan howard, you'll hear his name come up and essentially how they would go and get these stories and pay for them. and david is that he because personally involved in any story that cost them more than $10,000, which we know. all of three of these stories are at the heart of the trump case. i'll call by. >> i'm sure he'll probably be asked this on the stand tomorrow, but what was in it for david? i mean, why have this meeting at trump tower? i assume it's they have been friends unquote friends for a long time transactional friends, they each get something out of it. and here's somebody who made become president and david likes the idea of being friends with somebody who is the president united states, and being able to somehow benefit from that. yeah, mutually beneficial business relationship for many, many years. but then if you read profiles of david, it does appear that he really we consider trump a friend and admired him in many ways. so our colleagues reporting now trump is sitting alone at the defense table watching the

lawyers discuss scheduling with the judge and it just reminds us that something that we're talking about all day, the powerlessness, right? he has to sit through these proceedings often very dull, very procedural, and there's really not much you can do. now he'd previously said he wanted to be an active participant. go to sidebars and whatnot. we haven't seen him do that so far, but for on the david us wake of what's in it for him. i mean, he was doing this for trump though, long before he ran for president. that meeting was notable in august of 2015 with michael cohen and donald trump because he was asking, how can i help your campaign? but can i do from my platform with the national enquirer to help? but when donald trump's started the apprentice, they had this long-standing relationship where he was even still doing it. then donald trump had more from a national platform, a national name, as he adds, the apprentice was a popular television show. and the national enquirer was helping then is well, when women or people were coming forward ford with with allegations about donald trump's. so they have a very long history here on what they're going to be talking about tomorrow. and as they're

figuring out the schedule here on the gag order, this is significant as well because donald trump wants this gag order to be basically almost entirely lifted from him. he keeps asking for it to be released. obviously, the question for the judge and how he handles this is what he does with these alleged violations of it. what the prosecutors have said are multiple times that he has violated that gag order. they believe you should be fine. and whether or not one he is fine. and two, if it works as a deterrent. and three, what the judge does if he continues to violate it. >> there's not a lot of options. i mean, really i mean, obviously, the final option is imprisonment, but i mean, that seems highly unlikely. extreme. >> certainly, prosecutors right now seeking a fine, they want trump to be worn that he gives his sanctioned or eventually of course, there is always this option of incarceration that does seem far-fetched given the circumstances here, but there are at least seven violations that prosecutors have pointed to. so far. on this gag order. and this is going to be a challenge for the judge. how do you handle this? do you hit someone with a monetary penalty

that will barely register in their bank account does that make get difference? is there anything you can say or do to deter this man? it's really going to be fascinating to watch the judge grapple with this in terms of other let's about the other big witnesses is moving forward. >> i mean, david will be back on the stand tomorrow, but who do you see as the other big witnesses? >> i need to play this case is all about michael cohen, like let's be serious, there are other witnesses this traumatic. kellyanne conway, hope hicks, i can provide important context for the way that campaign view the access hollywood tape, the crisis that it was though they're viewing the stories. but michael cohen as the name that we're just going to hear multiple times. and hour. >> we'll invite now the trump team is trying to address other issues that they expect to come up with. david is testimony, so they're trying to discuss right now the jury out with just the judge, what that is going to look like when david is back on the stand tomorrow and it's going to get into more of the questioning and the emails and the converse patients that he had with donald trump they're already trying to address that now before that jury testimony

continues, i want to bring in adam kaufmann, who used to work in the manhattan district attorney's office. adam, thanks for being with us. so you worked there for 18 years. take us inside. you can the prosecution's thinking behind this morning to opening arguments when you hear the one you hear ports the opening arguments. what are they trying to do so thanks, anderson. >> basically, the prosecution's trying to put forward the whole case they want to distill it down to make it as simple and straightforward as they can break it down for the jury and tell a story. you have to tell a story that the jury wants to listen to, that they get excited about hearing as the details come out. and you want to try to put that all in context for the jury. so this isn't just about writing some false entries in a ledger. it's really about the election. it's about a much broader conspiracy. and you lay that all out for the jury. to get them hooked and attentive

to that end. >> i mean, in the opening arguments the prosecution frame the cases as a criminal conspiracy c and a cover up, and they said this was a plan coordinated long-running conspiracy to influence the 2016 election to help donald trump gets elected. how challenge? jim, do you think it is for the prosecution to commence the jury that this case is about more than an embarrassing affair i think that's why they lead off with mr. having him come out and talk about that relationship and the catch and kill that really sets the table. >> so we're not even talking about the false business records at this point. we're not talking about cohen we're not talking about the payments were talking king about the background and the context in which this develops and who better than to come out and set the table in that way. and put put this in context. this is going to bring us back to karen mcdougal, who will also come in. that might have been one of

the key rulings in this case judge merchan's rulings that mcdougal would come in, that the access hollywood, if not the tape, which he of course, kept out because it was too prejudicial but the content and substance of those messages, putting all of that in front of the jury at the beginning allows the prosecution to tell the whole story of the false business records in its proper context. so i think it's a great opening move by the prosecution when you have a a a witness in like michael cohen, who has clearly lied publicly before they've said, look, he made mistakes in the past. >> how does the prosecution tried to protect their witness, bolster his testimony? obviously, they want to bring in what other evidence they have that my backup. anything he says.

>> but how do you deal with a witness who's a prosecution witness who has such a checkered past in the scheme of prosecution witnesses with checkered past asked michael cohen is a veritable angel prosecutors put on drug dealers murderers thieves it's it's the, it's the nature of the business and juries listened to them the prosecution has already signaled that this is coming. the jury knows it the jury's heard of michael cohen. they know about this whole checkered past. it's it's almost in in this case, in particular, given all of the notoriety and publicity michael cohen's it's baked into the case. no one's gonna be surprised when he gets on the witness stand. and what the prosecution will want to do exactly what you just said. they want to point to the corroboration. so they want to be able to say to the jury yeah, michael cohen, he has

lied in the past. he does. kyi has done all of these bad things, but look at what he's saying and then look at all of the other evidence, look at the paperwork, look at the checks, look at the documentation, look at the bank records, look at the phone records. look at all of the physical evidence, and documentary evidence that simply can't lie. it is what it is. and that's really how you protect and bolster the testimony of a cooperating witness in any case? >> don't from says that he wants to testify. you've actually said you think that might be a good idea for the defense. can can you explain? and why it's such a crazy case? >> i mean, usually defense attorneys want to keep their clients off the stand donald trump has said he wants to testify he's a compelling figure and remember he doesn't have to win the case. he doesn't have to convince 12

people that he's not guilty, doesn't didn't have that burden that the prosecution has. he's looking for one person. he needs one person to believe in him to hang the jury, and he might be able to do that testify flying himself. so i don't know. i wouldn't be surprised if he does testify in this case. and then of course, there's the political aspect which is missing for most cases, but he's running for president and, you know, part of his calculus has to be how does this play on the campaign trail? if i do testify and if i don't testify. so i think that's going to be one of the really fascinating aspects of the case to wait and see how it develops that's really interesting. >> adam kaufmann. thank you so much. good to talk to you. back here now with paula and kaitlyn. i mean, it's interesting what he's so many lawyers you talk to will say, well, look, it would be crazy for donald trump to take the stand, but he makes a good point both. what impact would it have on the campaign trail

if he didn't? take the stand, but also just the idea of you don't have to convince all 12 just got to convince one to believe in you. >> just that one. and we're talking to trump's team about this. i mean, i said, really you want to have after on the stand, are you sure pretty much every must clearly expert in the land. and so this is not a good idea, but i was told that they believe that he has learned lessons from his participation or lack thereof in the civil trials that have happened over the past year or so. and i took that to me that he is learned that, you know, you don't want to antagonize the judge front of the jury. you don't want to make a scene, but it actually seemed more like he's learned just how far he can go and what would be truly effective here so it does appear that they're confident in there client and very well may put them on that stand, but i think the issue is that it's two things. one, donald trump is heavily influenced by what happened with the e jean carroll case, where he did not take the stand and didn't even show up for the first initial before that, it was the defamation damages determination. and he is deeply influenced by that because he's upset that he didn't do it even so there was agreement

among his legal team that he shouldn't get on the stand. he believes that he was adversely affected in the outcome ultimately, there where it was found liable for sexual assault and then of course, defamation is we later saw the damages there. and so that is a driving factor for him here, too. he always thinks that he had can whooo people that he can persuade people. >> but i think with donald trump, you know, he always says he wants to do it until he doesn't. >> we saw with robert muller, we've seen it in many other instances and getting up in front of but actual jury in a criminal trial is much different than doing it in a civil fraud trials. he did for mere minutes as you'll recall. and so i think it's really a gametime decision. it's it's ultimately that, but for him, at least in his mind and what he's been telling people is that he does want to take the stand here. >> i know we didn't talk too much about it, but earlier today, the judge really decided against his lawyers in terms of most of the issues they were trying to keep out of any potential cross-examination. instead, the judge ruled that yeah. you can ask him about the trump the trump fraud case. you can ask him about the e jean carroll hey, gag orders that he has violated. you did rule that

he can't be questioned. got some litigation related to hillary clinton's frivolous lawsuits that he filed. >> but otherwise all, of that is fair game for the prosecution, and that could give them pause. yeah. >> it was certainly give them a lot to talk about jake back to you. >> thanks, anderson. so let's recap while we wait for court's fully adjourn, the jury has been dismissed, but mr. trump, the defendant, is still in courts sitting at the table talking with one of his lawyers is another is discussing records with judge merchan. what we had today the jury was seated for the first time. the defense and the prosecution were both given opportunities to present their opening statement. the prosecution, when first lasted about 45 minutes, they presented what the case would look like and how this was a scheme that donald trump was involved in. the defense came after that and talked about how nothing the prosecution said was accurate. there was gonna be plenty of reasonable doubt. donald trump was innocent of the charges. they even denied that donald trump had any sort of rendezvous with stormy daniels. and then the

prosecution presented their first witness, david, who is the ceo of america media tabloid enterprise. the judge is asking both sides if there's anything more they want to submit ahead of tomorrow's hearing on the gag order the lawyers are asking to approach the bench. so before we get to the summary of what we saw today, what is this hearing on the gag order? le so the gag order that's in place on donald trump says that he cannot make public comments about jurors, about witnesses about court staff, or prosecutorial staff, and about all family members. what he is free, not just donald trump. it is legal taste, whole team, right? yeah. what he is free to comment about negatively aggressively as he has done is judge merchan the de, himself, alvin bragg, and the case itself, even the gag order. he's allowed under the gag order to criticize the gag order. now, the de has brought forward to the judge ten different instances. first batch of three including calling michael cohen on social media, a sleaze bag, and then

another batch of seven more were donald tropic pack various witnesses and including one where he quoted a fox news personality talking about jurors in a negative way. and what the prosecution is asking the judge to do tomorrow is, first of all, find donald trump in contempt and second of all, the penalties available to the judge, and they're not great from a prosecutorial point of view, is a max fine of $1,000 there's yes. $1,000. here's donald trump for violating. now go so you can keep talking. >> yeah, winning. and there is the possibility of imprisonment. the da mentions that, but they're not asking for it. and i think it's very unlikely. all right. here's the defendant. let's listen in so you heard that yourself. this is the case that nobody wanted to bring, including alvin bragg it was just at the last intelligence the case then if you're looking back, it goes back many, many years, 2015 maybe before that then it's a

case as two book-keeping, which is a very minor thing in terms of the law in terms of all the violent crime that's going on outside as we as we speak right outside, as we speak this is a case where you pay a lawyer it's a lawyer and they call it a legal expense. that's the exact term they use. legal expense in the books and another thing that wasn't even said was we never even adapted it as a tax deduction so that takes on a whole of azure. most people wanted to deduct everything. we never even but they call the payment to a lawyer. a legal expense. in the books. >> they didn't call it construction. they didn't say you're building a building called a payment to a lawyer because as you know comb is a lawyer representing a lot of people over the years. now i'm not the only one and wasn't

very good in a lot of ways in terms of misrepresentation, but he represented a lot of paper but he puts in an invoice or whatever a bill and they painted, they call it a legal expense. i got indicted for that. >> what else would you call it? actually, nobody has been able to say what you're supposed to call it. if a lawyer parts inability so or an invoice and you pay the bill& in the book, it's a little line that's a very small little line. >> i don't know if it even write more than two we're to sound like you can tell a life story they marked a dendrite legal expense. >> this is what i got indicted over thank you. >> i got indicted on the leading candidate i'm beating biden. the meeting the republicans now i have the nomination and this is what they try and take off the trail forum that checks being paid to a lawyer. he is a lawyer or was a lawyer? and also the things you got in trouble for where

things that had nothing to do with me that in trouble. he went to jail. this had nothing to do with me. this had to do with the taxi cab company that he owed, which is just something medallions and borrow money and a lot of things, but at nothing to do with me. >> he represented a lot of people over the years but they take this payment and they got a legal expenses. >> and you heard it today for the first time. this is what i got indicted over this is what took me off and takes me off the campaign trail because i shouldn't be in georgia now i shouldn't be in florida now. >> i should be a lot of different places right now campaigning and i'm sitting here and this will go on for a long time. it's very unfair. the judge is conflicted, as you know it's very unfair. what's going on. >> and i should be allowed to campaign and whoever heard of this, yet indicted for that people have the court's said, i can't believe that this is

the case so we did nothing on the other thing is if this were such a great case, why didn't the southern district bring it? who looked at it turgid down, provided numerous other agencies and law enforcement groups look at it because it was shown to everybody. >> and very importantly, why didn't the federal elections do anything about this, this, is federal, it's not state. >> they're trying to make a mistake, kicks whatever. and it's not state has nothing that happen before. >> i believe never happened before. >> this has never happened before when the state tries to insert itself in federal elections, never, nobody's ever seen it. but you know, federal elections the total pass on you said essentially nothing was done wrong or they would have done something about it that tough it would have done something about it. but they said nothing and they said, we're going to take a pass because they couldn't even believe it. actually, your rent, they're their letter

they could even believe it. they were incredulous and yet bragg mix it up now with bread. if you love what he first came in, he didn't want to do he didn't want to do it. now, what do they look at, comrade? so what bomber incident because it's bad stuff and what are they going to look at all the lives that gone dig in the last trial, he that brought line in the last trial so he got caught lying, pure lime and what are they going to look at that now we'll go to another subject because just a few blocks away, as you know, they had a bile on the hundred and $75 million sets and the tissue james, it's all coming out of the white house by the way. >> and that's in front of judge engoron and the judge really didn't know anything. he didn't know about collateral security you said suppose it goes down well, it does adapt because it's cash i put up $175 million in cash and we have a bonding company does

and he challenged the bonding company that made me the bonding company was no good. well, they good and they also have 175 billion of collateral. michael adwan. >> but the judge didn't know anything about he didn't know what the hundred and 75 they can cash meant he had no idea what anything med and he had no idea what ended in the trial charge hundreds of millions of dollars on something totally innocent if you look at what happened today, judge and goren should not have done that job, should have gone to the business division where they have to complex business trials. >> but actually it should have never been brought because i didn't overestimate and, you, know, they sat over if you look at the numbers, there, underestimated i underestimated the opposite of what they said. and the reason that they tried to and they did it for the road

matter, if they valued a vision tell her i said and 18 million, they valued other essence as little in order to bill. their narrative, they went to build a narrative, but if you look and i have a complete a record of what happened, judge and gordon had no idea what was going on, didn't understand the most simple concepts. and this is the man that took a case and this is why this is a movement. >> they're moving out of new york because they can't be subject can instead be put out of business they're moving on in new york because of the judge and guard had absolutely no idea what had happened. he didn't realize we put up adria and 75 what he found out. we put it up. he said what happens if it goes up or down. i said it doesn't do are they said it doesn't go up and down all right. it's cash that we put a whole cash very few people could do that and the deal was approved with the attorney general. >> you can believe that but

the. deal was approved. she just tried to embarrass everybody as you tried to embarrass a very good bonding companies by saying they weren't creditworthy well, they weren't credit where they had what was more important is they had a security hundred and $75 million that i put up but the point here is that the judge had no idea what was happening, and this is the same judge that two months ago may the ruling that shook the world. it shook the world because everyone knows no end to that trial. i did nothing wrong and over here, i did nothing wrong. also, this is a vitamin which to keep me off the campaign trail so far it's not working because my vote numbers are higher than they've said because the public understands that it's a witch thank you very much all right. >> the former president donald trump, the defendant in the case of the state of new york

versus donald j. trump. speaking, they're going through a list of grievances having to do with this trial really actually mainly having to do with last trial, having to do with the business fraud trial that he has already been fined a hundreds of millions of dollars for elie honig. your response. so first of all, we keep hearing this claim by donald trump at this and all the prosecution's or somehow the product of joe biden's white house. >> we've said and i'll say it again. that is absolutely false. here it's, demonstrably false. here's why department of justice is technically part of the federal executive branch, which falls under the president. no evidence. joe biden's had anything to do with those indictments. but this case here was brought by the manhattan district attorney independently elected by the people of manhattan, not accountable to not under the command of anyone, not even been under the command of the governor of the state of new york, certainly not the president of the united states. so that is a patently false claim that donald trump continues to repeat over and over. the other thing that donald trump said, and this is why judges instruct juries. you

are not to watch any news coverage of this. if you've seen it on tv, change the channel, you see it on, don't go on social media because i'm trump said a couple of things that will never get in front of the brain. he said alvin bragg, the de, did not originally want to bring this case, not even clear if that's true at all, but that will never become part of the proper evidence in this case. similarly, donald trump didn't say correctly that the southern district of new york passed on charging this case. that's true, but that's also wildly and completely the inadmissible won't get in front of the jury. >> but is it not true that alvin bragg good refrain from bringing charges against donald trump and then one of the deputies in his office wrote a book criticizing bragg for not bringing the charges, and then bragg did bring charges. so the sequence wise, right? alvin bragg declined to bring charges based on the falsification of records relating to the value of apartments and value of properties. so alvin bragg said, i'm not going to charge that criminally, then mark pomeranz went public. i said that was an outrage. alvin bragg should have charged the inflation case criminally.

alvin bragg took a lot of backlash for that. at some point thereafter, alvin bragg returned this indictment a difference, something else. a different okay. it's okay. and the original one, letitia james, the attorney general of new york, did bring a case exactly that became the civil case, which we just heard. >> trump ranting about. but i just want to add something that you were saying when we were listening to donald trump, what you just said is all 100% accurate when it comes to the confines of the case in that courtroom. that's not who we know. >> he was talking to. voters expected voters, the american people, the american electorate, and there was a lot of stuff in there that might've been borderline, true. there was there was a lot that just was just not true. not true. there's no evidence that president biden is involved in this nun. i mean, that's just one of many things. and his entire goal here is to go right on the line of the gag order. legally, in order to make his point politically. right. he's also reframe this case in a way that i think is could be

powerful to the court of public opinion talking about not the actual jurors. >> he's trying to be very reductive and saying this is the case where i paid a lawyer something and therefore, i called it a legal expense. >> it was a lawyer. i call it legal. what else in my to do that was not an all with this case is about it's about falsified business record day five of donald trump's trial is now done. >> one of the cnn reporters who was inside court all day is going to be here in a second to walk us through the important moments as you saw them firsthand much more. cnn's special live coverage just ahead beyonce's new album is breaking records zyrtec allergy relief works fast. >> it last the full 24 hours, so they can be deliverer, dance

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