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only has the burden of proving mitigating factors by a preponderance of the evidence. the rules are skewed in favor of the defense. they give the defense a benefit of the doubt. when you see these arguments over whether he suffered from mental illness owner, it's not a 50/50 determination. if the defense is getting this evidence in, and if the jury finds it as a mitigating factor, then that goes a long way towards a sentence of life as opposed to death. and for the most part, whether state or federal, this is really about life or death. if there is not a death penalty imposed, then it reverts to life in prison automatically. this has to be a unanimous decision, and if the jury recommends death, under the rules and urn the statute, the judge must impose death. he has no discretion. >> so once the defense rests, this is like any other jury deliberation, they go in and they stay in until they're ready
listening to michael cohen and listening to others, and i'm going, why is nobody paying attention to what michael cohen is telling you? this guy is in everything he does. and i saw it myself firsthand back in 2013, just watching him up at trump tower. he knows everything that happens around him, because that's his control freak nature. so that makes it doubly difficult for lawyers to then try to defense a case on his behalf because he, "a," doesn't want to give over that control, and "b," he damn sure doesn't want them to put them in a position where he's the least bit accountable for something. so even if he could get him out of trouble, he will not lean into that moment and take on that bit of accountability, because he doesn't want to be wrong. he thinks he's always right. he thinks everyone around him is wrong and doesn't get it and fundamentally believes you can't
the past two years >> republicans have come created a trap and then steppe directly into it now they're like is caught i the bear trap that they set. they essentially have built up this far right maga base and told that base that -- stealing elections they need t stomp on voting rights, that democrats were evil and they needed to destroy the freedo to control your own body and decide whether to access a saf and legal abortion now a huge part of the far-right base in the gop, boost by fox news channel an right-wing talk radio, defense a no compromise take n prisoners power at all costs approach what that means is that th people who are trying to say no, this is an electoral jet and i a general election, they los in primaries we are about to see this exact situation take place in th republican primary for president. we saw the same thing in senat races across the country, an governor races across th country. that is why no republicans abl to defeat an incumbent
one, the actual direction doing president biden and zelenskyy, and their teams. they are expected, according to sources, to be significant substantive interactions between the two on how things should be moving forward, going forward. but there's also the critical element, and that is the new addition of new defense a that is going to becoming ukraine's way with the president expected to announce an additional 1. 8 billion dollars in u.s. assistance. that's on top of the 20 billion that's already been put in place. president zelenskyy is also tentatively scheduled to give joint address to congress at the same moment, john, lawmakers are considering inundated national 45 billion dollars in ukraine aid, underscoring the relationship and just the scale of the u.s. support for this ongoing war. >> the fact the united states is the first country that zelenskyy is choosing to visit since the invasion began, that tells you everything to begin with. that's 1. 8 billion dollars, this new round of assistance, what exactly does ukraine get out of that? >> this is, i think, the biggest component.
your counseled, cancel. everything >> is the cancel culture coming after you? >> you see the final expression of cancel culture in islam terrorist groups like isis and al-qaeda. >> it will be interesting to see what they come up with in 2022. our thanks to the recount for that election. and that is our broadcast for this wednesday night with our thanks for being with us on behalf of all of my colleagues at the network of nbc news. good night. finish >> tonight on all in, where we stand as we approach your three of the pandemic. as cases explode again, the cdc defense a position to cut covid isolation. >> we have followed numerous areas of science in making this important decision. >> then, a measure of justice in the epstein. significance of tonight's guilty burden for ghislaine maxwell. plus, the surprising area where democrats are having success against the push to undermine
in addition to attacking their motivations, which they did via cross examination. the defense being very confident the attacks on those particular victims would bear fruit particularly given they were decades old allegations and so they made as a defense a calculated assessment not to put their client on the stand. last point, whatever you put a client on the stand, it's not about whether the government has proven their case beyond a reasonable doubt but can we believe the particular defendant? were they credible? did they answer questions to anyone's satisfaction? when you put someone on the stand, it's not only about the narrative she would have had to indicate to the jury she was smitten by epstein and just as well as really taking advantage of him like everybody else was but she would be subject to cross examination and i think that would have been a lot to overcome so the final analysis, i just don't know that that would have made the difference at the end of the day the government had the goods and i think the jury spoke to that today. >> and the jury did have, what,
may flip. she needed to move apartments asap. she told federal prosecutors -- the feds told today get her the money but the paperwork would take time. detective allison carpenter didn't think there was time. >> it was hard. what did you decide to do >> i decided to give the money, help the move. >> your money? from your bank account? >> yes. >> may was loaned $5,000 of the detectives own money. she promised to pay her back. she was removed from the case. the defense a managed admonished her, defying witness testimony. >> i can't sleep, if something happens to may in her children, i won't be able to. sleep >> if i hadn't moved warren i did, i wouldn't be here today, i'm very grateful. >> i narcy was indicted and
bond and he has to be back in court in three weeks. >> ryan, thank you. joining us now, cnn legal analyst joey jackson. joey, the big news overnight is that he is maintaining his innocence. his lawyers are and smollett son the cast of empire. what's the defense strategy here? >> well, listen, sometimes the defense -- there's two things you can do. the first thing is to do a mia culpa, to come out and go to the people who embraced him and love him and support him and say you know what in this just was not so. it not only worked from a public relations perspective, but it could work from the court of law. it likes contrition and remorse and when people own up to things. but it seems the other defense a scorched earth defense. and the facts are not all known, we're hearing things bit by bit. everyone's entitled to the presumption innocence, i get it.
nbc news falsely edited the president's comments that russia was on his mind when he fired fbi director comey. here is what president trump said to lester holt. >> i was going to fire comey knowing there was no good time to do it, and, in fact, when i decided to just do it, i said to myself, i said, you know, this russia thing with trump and russia is a made-up story. >> and here is president trump's attorney jay sekulow claiming that not everything is 100% when it comes to this interview. >> you know when there are interviews there are edits and i'll tell you without disclosing any detail when you review the entire transcript it's very clear as to what happened. >> if this -- is this how jay sekulow wanted to end his career as a good lawyer? look, i have to law of because where was this defense a year ago? where was this defense a year
president trump's aggressive language on tuesday. >> they will be met with fire and fury. >> the tough talk was not reflected in the president's defense budget. he cut $300 million per missile defense while the house armed services committee added $2.5 billion, the defense authorization remains bottled up in congress. from their august recess, congressional critics slashed out of the president's aggressive words, most noting it was an alarming departure from two decades of more measured presidential responses. >> look at what it's gotten us. there's no more room for this president to kick the can down the road. >> in the cold war, many believed peace was kept through the doctrine of mutually assured destruction, the belief that neither side wants to commit suicide by starting a nuclear attack. many defense hawks doubt kim jong-un thinks that way. in which case, the best defense a be a good offense. >> bret: thank you. a major development tonight in the investigation of the special