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The judge did give an additional instruction but theyre back in the room and listening to evidence. so it looks like the parties agreed the case was ready to move forward. >> frank, i know we were pinging you all day with questions about your theorys of what this pause could have been about. can you share them with our viewers? >> my first thought was indeed, what appears on its face that is some juror may have been reported as saying or doing something inappropriate. as joyce said, this happens...

It is surprising and unusual there was no public ruling on that motion and no instruction to the jury. maybe the judge denied it. if he did, the judge didnt give any explanation on the record. there was some speculation morning maybe the defense or the prosecution was seeking a mistrial on that account and it might be difficult for the judge to fix his mistake without saying that manafort was guilty on that charge, and there could have been an argument of that sort. >> i guess well find out when...

Case as well. judge t.s. ellis iii is known for his reposts, what he said to lawyers in this case. what is the significance of the apology, what he said to lawyers later in the week? >> well, the judge was asked to issue what is called a corrective instruction because prosecutors raised alarms about something the judge had said being possibly prejudicial to their case right in front of the jury. the judge eventually said he might have been wrong. he didnt look at the transcript and he probably w...

The courtroom. i dont think what the judge said yesterday, while significant, he said that attempted bank fraud isnt very important and is maybe something the prosecution should be trifling with. no one would expect an attempted bank robbery wouldnt be prosecuted as a crime so it is hard to see why it would be dismissed. that was the issue the prosecution got upset about and filed a motion overnight. it was confusing that there was no public ruling on that motion and no instruction to the jury. ...

Hours to do this today? >> because that instruction is such a complicated instruction. >> okay. >> it could cause a mistrial or reversal on appeal. its essentially saying, dont listen to me, im the judge, even though i told you that evidence was irrelevant. i dont know. its a complicated instruction. thats all i can say. >> okay. okay. im looking at the lawyer, did you have anything to jump in on? >> just to regard to some of these sidebars, one other noteworthy thing, in an earlier sidebar this...

Application. and apparently, he forgot about it. so then he started bawling out the prosecutors in front of the jury and that causes them to lose their credibility. then a second incident occurred when the judge told the jury to disregard testimony about paul ma manafort applying for a loan and said words to the effect of to the prosecutors, why dont you focus about the facts of the case, its about the loans he did get, not the loans he applied for. the prosecutors later came back and said, judg...

Open mind, raises the question here at least, whats been going on in the jury, does the defense counsel object to that? one possibility is that it could lead to a mistrial, if there was behavior that the judge deems undue or not in keeping with the law in what juries can discuss, we dont know that, but you have to read into what the judges instructions to the jury were after that delay. but after that delay, they went right back into the case. so it may be that those instruction were enough, the...

They went in and did a great job and they saved a lot of people. but, in the big picture, you dont think this is the only one. we have other places in this country where you can move off the grid between states and between areas. have you ever looked down when you are flying across country, you see places. >> yeah. we have seen this before. oregon had a compound not too long ago, a couple years back that was doing the same type of things. but, you have got to remember, brian. its a very fine lin...

Government saying can we have this expert in the courtroom. the judge says yes, and puts him on the stand. the judge goes on and essentially criticizing the government in front of the judge for having welch in the courtroom during the testimony of other witnesses. the government did something interesting which they havent done about other comments. literally filed a motion in front of him overnight showing him a transcript of what he had said and the motion he had approved. when the judge gave t...

This expert in the courtroom. the judge says yes, and puts him on the stand. the judge goes on and essentially criticizing the government in front of the judge for having welch in the courtroom during the testimony of other witnesses. the government did something interesting which they havent done about other comments. literally filed a motion in front of him overnight showing him a transcript of what he had said and the motion he had approved. when the judge gave this curative instruction, it w...