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jean carroll trial, as well, to discussions that have happened in the past. it might be of a legal matter. all under the category of a prior bad act. now the issue here though and defense counsel always has an issue with it is because you cannot use what's called propensity evidence, meaning i'm going to bring up all the bad things you've been accused of doing, hoping that the jury will see that and say, because this person has done bad before, then they must have done bad now, that is not fair. it is not adjust process. so the judge is going to try to keep out that which would make that same sort of similar intimation. having said that though, if you open matt pandora's box, there's always a concern for defense counsel and you open the door to be able to be impeached. they call it by these things, not the political impeachment, but your credit bloody attack in front of a criminal jury. that's impeachment in this context that you do run the risk of having undermining your entire defense. now, one interesting point i'll leave you with this woke is that they raised the

taking consideration, but the judge certainly has in his disposal, the ability to do so there was a moment as well, by the way, today, during the hearing where defense counsel again repeated their requests, frankly, they're insistence to get the witness information for those who if you testifying. you can recall well, that the prosecution did not want to hand it over because they were concerned about not only violation of the gag order, but about what this could mean for the juror, a witness since we might be testifying while the defense council offered well, could you if you ordered us not to tell our client knowing that they would essentially be admitting that they may hey, not have the same trust relationships even prevent that person from speaking was a really notable moment here. and so they have a lot of things at their disposal come to stay and we'll find out what the judge will exercise in the end what you're saying, jim, if the gag order is really so important, why is the hearing to determine if trump violated it? >> why is it not being held until tuesday look we've seen

they're going to try to bring out and make the argument that this is michael cohen vendetta against his former boss, that he's angry. he he was charged, he pled guilty to a crime, serve time for crime. and this is just all about a vendetta and they're going to tack the credibility of michael cohen all day, every day interesting, laura, give us your analysis of today's so-called sandoval hearing and explain to our viewers what that is a sandoval hearing is a fancy way of saying, i want to put the defendant on notice about what kinds of questions they might ask you if you do decide to testify in your when defense now, it is the prerogative of a defendant to do so or not to do so at an instruction to the jury that they cannot hold it against a defendant if they opt not to do so. >> but a defendant wants to know what is ahead of me. and so the prosecution has already told the court and press n the defense counsel the types and categories of information they will raise things like like the prior civil fraud trial, the e

can even be convinced ultimately, wolf, that's a call for the client to make. >> obviously, it is done with the advice of your lawyers, but it's one that only the defendant can make in most cases defendants don't testify and they don't because of the reasons that i just suggested that is that the government has the burden of proof and the defendant doesn't have to do anything. if, you know, depending on how the evidence goes in at trial, if the lawyers on the client think that it went well and they rely on the presumption of innocence and the fact that the government has the burden of proof. usually it behooves the defendant not to take the stand. that's advice. that it is often provided by defense counsel to the client. and sometimes they take that advice and sometimes they don't. i will say that if donald trump decides over the objection of his lawyers to take the stand, my guess is that the lawyers will make a record before the

now you can tell are openings to make arguments are resonate and you keep that in mind as you go through the witness testimony and the evidence, you use certain language, you have certain perspectives now because really you're just trying to win the case with these 12 jurors. now, those are the only ones that matter. and so jury consultants understand the art of persuasion and how you can help empower jurors into deliberation argue your point of view to win the case? >> elleithee, i assume that that's the stuff of defense counsel and that on the public dime, you didn't have the ability to hire allen or someone in alan's role, but if if your opponent had, would you try and out the fact that they needed a jury consultant? >> well, you're right, michael prosecutors don't pay for jury consultants, although they did in the martha stewart cadence case actually, and prosecutors have said publicly, they felt that it was useful. >> there's no way you would be able to get in the fact that the other side had hired a jury consultant that would be completely inadmissible, but i

backbone here on these issues. i think he has well within his rights to have one. we will see what he does on tuesday. >> andrew, that is the last page of the transcript. it is one of the more dramatic things in here, where defense counsel routinely asks for, please tell us your first three witnesses because we may be getting to witnesses as early as monday. he asked for that and the prosecutor says, look. i have got to be honest. that is a courtesy that we would normally extend. mr. trump has been tweeting about the witnesses. we are not telling you who the witnesses are. i'm sorry. the judge says, i can't fault the people for that. trump's defense lawyer says, what if i commit to the court and the people that president trump will not tweet about any witness? i believe there was laughter in the press room on that one when they heard that. and the judge said, he will not tweet about any witness? to which trumps lawyer said, well,