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he violated it a dozen times. the tools that exist in the system people don't seem willing to use them on him. what do you have to say about that? >> reporter: oftentimes judges are reluctant to sanction defendants because they want to make sure they are giving, having a vigorous defense and free to do all of the things they want to do. i agree with you. i think there is a worry here that trump is baiting them and they are just giving him what he wants the image of trump being fined or jailed for contempt for violating the gag order is one that they can use and it will be one that he uses to attack the credibility and to raise the temperature on this. the judges want to bring calm not chaos. calm cools down. let's get the trial done and not worry about sideshows. trump is all about chaos and creating all of this sideshow it is part of his game plan.

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something. when donald trump directly identifies an enemy and highlights whose turned against him he ruins people's lives in their entirety. what is poetic in a sense of the trial is that you will see him sitting across from michael cohen. if you agree or not from the charges that michael cohen faced and the life he served, he was hellbent on ruining in anticipation of the fact that this man, his lawyer, most trusted aids can testify against him and take him down that is what he does. he will not stop with michael cohen. he will make people involved in this trial he will make them pay for being involved in it. >> there is, everything in our system is designed to protect donald trump's rights. he is innocent until proven guilty. and, donald trump seems

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at every hearing i have been through with him. this is my fourth trump trial in the last year. he looked dead straight ahead and his lips persed in that trump way and just was like shaking his head as he was walking out. just so angry that he has finally met a wall that he can not tear down and judge merchan has been harsh with the difference but not in a harsh tone of voice. he is making clear this is his courtroom, we are going to have opening statements on monday. and when susan said i need to know who our witnesses are going to be. i will ask you to renew that motion from us. we are requesting to know. we don't want to have delay. merchan cut her off saying there will be no delay. we will give you on the name of our first and our only witness on monday. we will commit to you that you will not get to cross- examination. if we see that person's name in any tweets or posts by your

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established facts that have never been in dispute. and you would look at this case and say this guy is down bad. there are 34 counts against him. it would appear that he is guilty as sin but at the moment he is out of the slammer and justice does not happen in a fortnight. >> paging rv . >> the tortured poetry of his attorneys. joking aside i think the facts have been long established and we can see that in this case and the 34 counts go far beyond just the stormy daniels case. and the hush money. catch and kill conspiracy alleged here timed around the election. it is a bigger story to be told. i think some of the things that lisa noted that is hanging over this entire trial. we know trump had a dog whistle

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to own the office, claims to be above the constitution, and claims to be the final word in the system so that everyone put loyalty to the autocrat and not the framework. we are seeing that process advanced in the way that trump talks about all of the institutions, the military of course really pushed back on that and the judiciary is pushing back on that. again, the concern here is that it begins to look like everybody is on one political team or another and i think it is crucial that your process, of the facts and the law, really come forward. i think that, what i am relieved about is that we are getting to a trial. we are getting to a trial in front of an experienced judge who has shown he is not going to take all of the nonsense with politics. once we get to presenting evidence it might get better.

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client, that will be the last time we grant you that courtesy. nicole? >> that is fascinating. it has not started yet and the prosecutors are already giving them, attorneys eyes only information because this trial needs to be protected from the defendant himself. take me inside what the final day of jury selection, they were sleeking the final alternates today. >> i know today is taylor swift day and i am a huge swiftie but the theme of today if we had to put it in a song is david bowie and queen's "under pressure" you saw juror upon juror, or perspective juror upon juror crack and show their nervousness in participating in this proceeding. we had a young woman who said that her father was friends with a, let's call him a big nemesis of the former president and eventually when she was questioned about her ability to

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hesitate to praise her. suggesting every judge is on the red team or the blue team. and only trust the red team judges and not the blue team judges and that is kind of a decision for ordinary antics. one of the things that autocats do is no rules of law and the facts presented are the determined outcomes in a political matter. everything gets politicalized. that is dangerous for our future even if he is convicted and even if he loses the election. this is the kind of stain that does not go away with just one trial. >> you know, kim it always has a long, there is a real long ark to this. when he became president and i

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opening statements begin on monday. and according to the judge, quote, this trial is starting. so long we have been using the word erosion on trump's institutions and america's faith in them f. this week's spectacle showed us any, the term "erosion" the flow of water, slow and steady, might be under stating the immediate danger. we should think of the harm done to the structure of our democracy like a tidal wave, flash flooding possible. try as we might to board up the windows to be kept from being swept away there is damage more and more every second. some jurors so frightened or intimidated from doing their basic civic duty that some were moved to tears in the courthouse as they were today for fear of retaliation. you can see it in the way the disgraced president lies in the case and the way everyone is in if. he conditioned his followers to

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falls. and i also think a big part of what he is trying to do here, nicole, is to condition the public. if he can undermind the legitimacy of the court and convicted it does not matter. i told you, the court isil legitimate. >> i make those comments myself, the thing that people ponder is that he does not have an opportunity to appeal every decision and judge merchan said that. the trial starts monday. i think it is he is in violation of a gag order that exists f. it applied to me, miles or you, if we violated it once we would be fined, twice, again, three times, four times, maybe they would talk about --

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