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
an opening. they will do one in this case, i've never seen a defense attorney miss an opportunity of doing an opening because they don't have to prove anything. i'll be interested to see what they do. they just keep it very simple because they want to wait to hear the witnesses and see the documents? i'm interested in what the defense is going to say on their opening. >> catherine, do you think trump will testify? if he does, what kind of questions should he expect? >> i don't think he will. first of all, most defendants don't. it is not like if he doesn't, it's a surprise that he didn't. he can expect, well, first of all, we will find out monday what prior bad acts he has, including his civil judgments that judge merchan will allow the prosecutors to question him about. it might be, and judge merchan needs to be careful. he has to be careful to not be prejudicial. it is a balancing act. you can't question the defendant to show they did it before, therefore they will do it again. it is about showing lack of credibility, lack of honesty. the judgments due to defamation, making false
traffic protest. as you said, this time around, he has no problem with ordinary citizens taking matters into their own hands to go after acts of civil disobedience. >> absolutely. republicans are amplifying the violent mobs. they want to see it happen. they're taking cues from what we have seen in the state of florida where ron desantis also argued for vehicular homicide of individuals who were protesting during the trey griffey in the wake of the murder of george floyd. this is not new for this group. they are only amplifying the violence i want to see across america for the people utilizing their rights when they protest against things white supremacist do not believe in and do not want to stand for. we are taught that diversity and individuals who have been upper represented -- underrepresented but we time- out people in gaza who are dying greatly. moreover, they are not hamas. equating them with a terrorist organization is a problem.
that. >> as a parent i was horrified to see the video in north carolina the first thing i thought was about the parents and there must not be parents at home that are paying attention because kids that behave like that at school are not going to go home and facing the counter winces from from someone that cares and that makes me sad as it relates to the other incident with the illegal alien as an attorney i'm offended because that is a legal term it's a legal definition is used by the supreme court its use in federal code it is a definition and for an educational system a school official to say that you are suspended for using the word in its appropriate context, it could have been a learning expense and it wasn't this was just a total failure and for that other school what went on with that student was horrifying and i think were seeing videos all over the country lately were there are acts of violence in school only have to look at what's going on in public schools louisiana just reversed
the general rule is anything beyond ten years is considered too remote. so if they ask for prior bad acts of donald trump beyond that, the judge will probably say no. that is too remote. i don't know what they will ask for. i doubt the judge is going to allow them to ask any questions about the three open indictments. he has a fifth amendment right. and they are three open indictments. they are not convictions. the civil fraud trial, he should be, donald trump could be cross examined. not about he was found liable of falsifying business records. why, because he is charge requested that here. but he might be cross-examined about the fact he was not credible. whether he violated the gag order talking about the judge's court attorney. he certainly, donald trump, to many cross examined about the defamation verdicts. lying about someone.
trudeau for invoking emergency powers to deal with the trucker convoy. it was blocking traffic against covid-19 vaccine mandates. tom cotton was upset. the canadian prime minister was using a special power to break up these traffic protests. but as you said. he has no problem with ordinary citizens taking matters into their own hands. to go after acts of civil disobedience. >> absolutely. republicans are amplifying violence. they want to see it happen. he is taking cues ironically from the state of florida. ron desantis himself onkyo argued for vehicular homicide of individuals who are protesting during the blm and the murder of george floyd. this is not new. they are only amplifying the violence that they want to see across america. of course utilizing their first amendment rights.
circuit twice with three opinions. it has been a long saga. i'm hoping that this and soon. >> you talk about this being a long saga. i want to talk about the toll it has taken on you personally and your activism over the last eight years. i think i would argue that some of this is to grind you down, so to speak so you do not keep writing and the chilling effect for other people out there who may want to follow in your footsteps or be inspired by your acts thing, i have to wait a minute, i do not want to end up what is happening to deray mckesson. >> you know, i have been talking to organize in the fifth circuit. they are nervous about the decision. i have been running and the aclu has been her monday we both have the right to protest. they have said that they will represent anybody who is trying to be sued under the fifth circuit decision from we want people not to be alarmed by it but i will say i am a little tired but it has been a long
statements with reckless disregard for the truth. he should be allowed, he should be questioned about them by the prosecution. he should be questioned about the fact that a judge found that he committed persistent and repeated fraud in his business. that is appropriate. i don't think it is appropriate to ask him that he has a verdict for sexual assault. and suppressed the prosecutors included that. that has nothing to do with veracity or credibility. when i'm saying he should be careful, harvey weinstein, we are waiting, all of his practitioners in new york are waiting to find out if his conviction will be reversed because that judge their allowed many, many prior bad acts and so he didn't testify. >> ankush khardori, let me get you on the gag order hearing. why do you think judge merchan has we did this long to wait in on alleged gang quarter violations? >> there could be a couple of
everything that's out there, johnnie is involved with, clean water acts and fishing and so many things he will go down in history as one of the greatest conservationists. >> i grew up as a boy scout, grew up in the outdoors hiking and you always left it better than you found it and that's the whole point of all of this. >> that's what conservation is all about, it's for the kids in the future, the great grandchildren, grandchildren. i remember taking austin and tyler on their first hunting and fishing trips. it's unbelievable, the memories you leave for them and to see austin with his son out turkey hunting and a fishing is just amazing. >> there's nothing better than being out doors with family. pretty amazing your grandpa is taking you out here, being outside. >> i grew up hunterring with my grandfather, my -- hunting with my grandfather and family. i took my son for his first 2ur turkey hunt. it's about creating memories. the country allows us to get out
week. >> these two are hanging out with some new celebrities that they will stop waking up early saturday and sunday morning to hang out with the three of us. >> tomorrow, i understand these are opening statements and not opening arguments. what is the difference? >> from the defense point of view, very little. you will hear a lot of arguments. in terms of statements. if i were one of your viewers, i would not get hung up on that. would anticipate is a huge tug- of-war over michael cohen and essentially whose is see? you will have so many -- so much baggage and in terms of bad acts but has evidence. you will hear the defense saying, this is the heart and soul of the critical key witness of the case and he is a liar. you will hear that over and over from the defense and they will be like, he is their witness.