Events at issue in this case i asked her what trump is going through right now, look, it just really sucks to be in court to be a defendant. It is just one of the stressful things you could possibly go through and of course trump being who he is, everything takes on an extraordinary nature. But for anyone to be in that seat, its one of the worst things you can go through and your entire life david, i think really importantly, we should note here for people who may say, why is this guy testifying and revealing all this information . He has an Immunity Agreement prevent exactly with the government. So hes been involved, if interestingly, going back to about approximately 2017 he has been involved in these investigations into whether this was criminal conduct, these Hush Money Payments. This was first something that was primarily investigated at the federal level or the manhattan district attorney, the state investigation took took a little bit of backseat as they often do when youre dealing with a two tracked investigation, but yeah, he had he had immunity when the Justice Department did its deal with ami Michael Cohen, of course did not. And he did plead guilty to several charges, including Campaign Finance violations and fill i mean, theyre asking right now about Text Messages and what he had access to on their server first, there also teeing up a text message that they are going to admit into evidence, and thats the new thing that were seeing today. Theyre really bringing in emails from Michael Cohen. Theres a thumb drive that they just introduced and now theyre theyre teeing up Text Messages. Well find out which ones theyre talking about. But i mean, i imagine the Text Messages of anyone who was involved at ami or the national so enquirer would be quite revealing potentially. All right. Weve talked about what we know versus what we dont know, what will be a surprise given how much reporting has come out on this and Text Messages, particularly detailing things that just havent been reported before, i think arent critical at this point, but also just having evidence introducing it, even the email from Michael Cohen are multiple emails from Michael Cohen, which warnings regulatory for the case. But you realize, oh wow got all of this stuff. They have a lot of information. Paul mentioned the nonprosecution agreement that they have with ami fact that david is cooperating witness, and i think thats something to or has immunity at something to remember. We saw at the very beginning, the david seemed to be flattering trump throughout the course of the opening part lets the trial. He has immunity here. He was called by the prosecution, and this could go down a path where it seems to be going right now particularly with the evidence that theyre attempting to admit but is problematic. Well, and hes wouldnt be Text Messages with trump. I mean, just started texting a few maybe a yearandahalf ago, i think and so this could be potentially Michael Cohen, steve bannon, these people that they were just saying were introduced to him. Right now. Were told that trump brought you saw trump rigueur that stack of papers with him when he went back into the corner . Courtroom, paula, at one point, our team so its so quiet in the room that you could only hear Trump Thumbing through that stack of papers is that normal behavior for a defendant at the Defense Table . So that thumb through your papers at some point, remember i said this is such an extraordinary difficult thing to do. Now, trumps legal team has objected. Theyve asked them to come to the bench. It appears that this objection is related to the Text Messages. So clearly something that theyre a little bit worried about coming in. I would again expect this is likely going to have to do with either ami and or michael palin. The judge held that he doesnt want to speak about objections in front of the jury. Okay. So they will go to sidebar, which trump has said he wants to participate in all the sidebar is theyll go with a jury, cant hear them to hash out this particular objection. Im curious to see if trump wants to get some steps in and join the sidebar here. What its about, or if he stays that the seat because i was they will many of us are skeptical that he really would participate at this level. He said he wanted to be at every little sidebar, a little meeting with the judge and lawyers. But most defendants dont do that. So let me see if he does. What would be the reason for objecting to the introduction of Text Messages . I mean, that seems like a pretty standard move for the prosecution or defence depends whats ent and what theyre saying. Right . So if were talking about Michael Cohen, talking about hush money deal going to be hard to keep that out, right . But if were talking about maybe Kellyanne Conway asking about something or someone whos not actually at the heart of this case, they may try to make you know, one of several objections, but we have no idea what the text message is or what has mentioned the support. So its hard to say, we may not here because theyre doing this sidebar, so i dont believe even our colleague in the courtroom can hear. Yeah. Jake, so you have the judge and trumps attorneys and prosecutors . Who are going to be speaking off to the side out of earshot of the jury to talk about whatever these texts messages are that are related to American Media inke, that clearly the prosecution wants to bring up. All right. Fascinating stuff. Kaitlan collins, thanks so much. Elie honig would tell us about these Text Messages and also the process by which the prosecution is trying to introduce them through through this one witness, david . Yes. So in order to put documents, texts in front of a jury, you have to have a witness on the stand who can say yes, that is what we say. They are those are texts that i sent and received. Those are emails that were asked me to somebody that was party to the tax. Exactly. Unless the other side, what we call stipulates meaning agrees. But sometimes you want to do that, you want to show the jury okay. This is the guy who who sent or received those texts and the other thing that you always want to do as a prosecutor especially with your more contentious witnesses. Watch for this one. Michael cohen testifies, but also now with is you want to support as much of their testimony as possible with written documents so you can say to the jury, you dont have to take david is word standing . Hello. You dont have to take Michael Cohens word standing low. Look, its right here. Its an a document, so the prosecutors right now, were trying to build and bolster their case laura coates right now, david were told is inside the courtroom. Hes at the Witness Stand, De Sipping Water from glass. Trump is going through papers while the lawyers sort out the objection here. Why . With the Defense Attorneys be objective . Well, first of all, lets take a step back. The judge is saying clearly that he does not want objections to be made in front of this jure, these speaking objections, he does not want this jury to be Hearing Anything besides the actual testimony issue and the lawyers and the judge are actually discussing an objection from trumps legal team. This is out of the earshot of the jury in this context. The reason why is because you want this jury focused on only the presentation of evidence or notetaking, not trying to get through the different rabbit holes. Its really important for the clarity and a streamlined process but not wanting to get these documents in threes and it talks about they dont want the cooperative aspect of it. They do not want anything thats not being said. They dont want to have the overwhelming number of receipts to say, listen, if you question the credibility of the speaking witness, if you want to figuratively next, naibe messenger, and you can turn to the actual documents they want to undermine the ability to do just that in these Text Messages are likely going to be between and Michael Cohen talking about these arrangements, these deals yeah it actually makes me think about the fact that you can speak to this because you were actually Donald Trumps attorney he doesnt communicate that way. He doesnt text. He doesnt email at least certainly hadnt up until this point and so he doesnt do that for the very reason that were talking about right now. I mean, the whole question is about paper trail and its about documents. We certainly have that with checks. But imagine if that included something other than checks and when he puts on social media imagine if what he said was actually involved in attacks. So trump attorney todd blanche, i grabbed the binder from the defendants table and susan, how to pronounce it susan got her tablet as a discussion about the objection continues, tim. Tim, why are they objecting . So i mean, i think that the reason theyre getting that binders probably because it has the contents of all the Text Messages so that they can go through whatever theyre about to introduce as to why this stuff should not be put before this jury. And a lot of this could be i mean, they certainly could have hearsay objections, but i think a lot of it is probably going to be more to relevance of whether this is getting too far afield from the actual false records and whether these are the type of Text Messages that would be the risk of unfair prejudice outweighs its probative value, but its minimal value to this case but it has a significant risk of prejudicing the jury to where theyre going to make an improper to. So in other words, its going to look sleazy, but its not against the law. And so the Defense Attorneys dont want that slays to get out there. Theyre also going to say its just hearsay. Its an outofcourt statement being offered for the truth of the matter asserted. So youre not allowed to bring out prior consistent statements unless theres an exception to that, theres hearsay is the thing that you mostly will object to in court. And so Text Messages between two people. Thats just pure hearsay, even though it not only corroborates the witnesses it also brings the jury back to where they were in 2015 and 2016, 2017, which is what theyre going to try to do throughout this trial. Theyre going to try to bring the jury back to that time. Period in that time frame and these were all done contemporaneous what you can bring it out though, if somehow the Defense Attorney cross examines the witness and tries to say that this is a recent fabrication thats one time that you can go back and say, no, its not. I have these old Text Messages. I can now show this price hi, are consistent statement, but until that point at this right now, if its being offered for the truth, if its being offered for some other reason, like the fact that they were just communicating or it was evidenced of the crime. If theres some other reason thats an exception to the hearsay rule, then you can bring it in, but thats why theyre objecting to this. Its just hearsay right now. And kasie hunt, who joins us now okay. So you obviously, you know, whats important to remember here is this is all disgusting and sleazy and horrific and exactly what we thought it was in 2015, 2016 when the Nationalists Choir was doing trumps bidding. But thats not a crime. None of that is a crime. The crime being alleged is falsification of Business Records to cover up the Hush Money Payment to Stormy Daniels, right . I guess thats my question. Is the non lawyer at the table and put it because politically speaking at jake, youre right we are all going back to that time in 2015 and 2016, we were first learning about this, this cast of characters is taking us back to that, to that time but if, if old records show that they wanted to do something, they wanted to do, x, but then the Business Records say why thats an i dont totally understand why thats not relevant. Are allowed. So an important question here is, what is the scope of the conspiracy if you have texts between three people in this case, or a conspiracy involving three people trump but look at this, the documents are being accepted into education, overturn sub trumps object. Perfect. And i think i can explain why. So lets say you have a conspiracy involving three people, trump cohen and right. There are texts between two of them in this case, cohen and but not donald trump. You can still introduce as a prosecutor that text between cohen and against donald trump, even if hes not on those texts, even if hes not sending or receiving those texts, if youre all part of the same threeperson conspiracy, and if those texts go to further that conspiracy, so were guessing a little bit, but but i think based on what i know, that judges said, Donald Trumps not on these texts, but theyre sent by two of his coconspirators and theyre furthering the conspiracy. And tim, you as somebody who used to work for donald trump represented donald trump thats squares, not the criminality of it, but thats squares with how you deal with donald trump. You might text somebody close to him, but not him. Hes never texted me. Never we already, doesnt text or email no. No, never. It was always like anything we had the email we would email to his assistant. The objection has been noted in overrule, judge merchan says merchan says noting that any embedded hearsay issues will be dealt with as they move through the documents. Okay. So they probably went through and found a few Text Messages were wondering of them, said, you know, somebody else told me x and so you know, tallies point, because these are texts between two alleged coconspirators, they would be admissible for that purpose, but to the extent that there are certain pieces within that that go outside that as they come up, hes going to potentially excise pieces of it. And yeah, i mean, what were going to see here in these Text Messages between Michael Cohen and David Dana Presumably will bolster what Michael Cohens going to say on the stand and what has said on the stand in terms of this agreement, which is such an important point, there doesnt seemed can be as much of a credibility issue with david as were going to see with Michael Cohen from the perspective of the defense and what the defense is going to try to do to Michael Cohen. And as i talked about that, we should say the prosecutors asking about story of dino sajudin. Sajudin oh, hes the door man. Yeah. And says that he learned from dylan howard about sajudin story and that he called cohens. So this is now these, these are the stories just forgive me. Trump shook his head, leaning back at the Defense Table as recalled, that store. Now quickly the story is which theres absolutely no evidence actually but its true at all . Its been actually disproven was whether a doorman and trumps building was going to go forward with a an allegation that trump fathered a child out of wedlock. Again, that story had been disproven, but that didnt preclude this from being discussed. And the catch and kill on this story certainly happened but what i was saying before was well, this is all the buildup clearly to preparing for the defense trumps defense, to say everything that Michael Cohen says is not true because he was proven to be a liar, so on and so forth. And all of the exchanges that Michael Cohen had, especially with somebody like day david whose credibility is not as much in question are critical to the prosecutor. Checker said, quote, i immediately called Michael Cohen and i described him exactly what i was told by dylan howard. Thats the National Enquirer enter and that has to do with this false story by the former doorman at Trump World Tower that donald trump had fathered a child outside his marriage, says cohen responded to the story, quote, absolutely not true but ill check it out. So Michael Cohen, david, is alerting Donald Trumps attorney of this guy shopping around and presumably false story. Michael cohen says its not true, but ill check it out. Tim, do you buy the argument that david buying this story and then burying it is a Campaign Contribution that should have been disclosed, not undo the supreme Courts Holding of Citizens United. It does get a little bit more on sanely when theyre actually paying a witness for their story and remember this is different from the Stormy Daniels. Theyre not paying them for an nda. Theyre paying them to get the exclusive rights to tell their story. And then theres just not publishing it. But why would they, but why would they do it . And