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CNNW The July 3, 2024

Also added that its just too early for them to do anything with the case, saying that theres no expected timeline for the fda lead to finish. Their investigation john all right. Nick valencia. Thank you so much. The newest continues to source with kaitlan. Collins starts now strike from the source tonight, the calm before the cohen, donald trump about to come face to face with his former fixer. Now arch enemy, what you expect when it all goes down starting on monday. But before then, an extraordinary warning from the judge today about Michael Cohens big mouth. There are also new questions tonight about the killing of a black Us Service Member shot by police and sayyed his own home seconds after the Senior Airman opened the door, that moment is captured on camera and its shocking that airmans mother lets hear tonight along with their attorney, ben crump. And if a Solar Eclipse wasnt enough for you and extreme solar storm is hitting the planet right now. It is the biggest and more than two for decades with the potential to wreak havoc on our power grids and our gps systems while also putting on a spectacular light show. Im kaitlan collins, and this is the source it has all been leading up to what is coming on monday. David pecker, hope picks Stormy Daniels, madeleine westerhout, who is Donald Trumps former white house gatekeeper, wrapping up her testimony today all of their testimony is laying the groundwork for, you know, who Michael Cohen expected to take the stand when the trump Hush Money Trial resumes on monday and speak to them very payment he helped negotiate before the 2016 election. Remember, he went to prison in connection with this payment and buckle up because this week was any indication it is going to be a scene. And cohen himself appears to be leaning in kinda looking forward to it because again, cant be finished with something unless you started today, the trump team asked the judge to place a gag order on Michael Cohen to stop him from doing what he is doing right there talking about this trial, they specifically pointed to this tiktok video of Michael Cohen on wednesday taunting the former president wearing a tshirt. As you can see here, where donald trump is in an Orange Jumpsuit and standing behind bars. The judge denied the request by trumps legal team. He said that he cant gag witnesses, only the defendant here in this case, and even thats limited gag order but he did give Michael Cohen and extraordinary warning through prosecutors telling them to tell him to stop making any more statements about this case or about donald trump. He told him, quote, that comes from the bench. In other words, stop talking but that message to Michael Cohen did not go far enough for the defendant no gag order to michael. What the judge did. Who is amazing . I actually was amazing. Everybody gets say whatever they want they get to, whatever they want im not allowed to say anything about anybody. The judges and the only thing he gives us to make him look a little bit good. He gives us nothing. Now, what he just did now is its a discrete of course, some reminder, donald trump is the only defendant here, which is why he is the only one under a gag order if everything goes according to plan, the prosecutions as that they could rest their case as soon as next week. But first, we have to get through monday. And what that week is going to look like. My legal sources tonight are better in new york Defense Attorney or there aidala, cnns senior legal analyst and a former federal prosecutor, elie honig, attorney and Jury Consultant or not as to beale and also a retired New York State Supreme Court judge. Jill justice judge joe kohn visor. Its great to have you all here. Elie, it kind of feels like were looking the calm before the storm, like the eye of the storm of like were just today hey, there was kinda like this apprehension looming over the courthouse of waiting for Michael Cohen, knowing what that could entail for monday. Yeah, it was a catch our breath de right. We had Stormy Daniels then today we had a bunch of paralegals and phone company representatives. Then Michael Cohens coming in monday. I dont think ive ever seen a witness quite like Michael Cohen in a couple of respects. Its mostly going to be bad number one, i put on really bad guys as witnesses done far worse things that Michael Cohens ever conceived up, but ive never put on a witness with as much of a Credibility Problem is Michael Cohen has who has lied to as many people for as long a time in his brazen away is Michael Cohen, also his bias that photo we just saw of him wearing of tshirt with donald trump in an Orange Jumpsuit, that a load could be disqualified. Three days ago, right . Right. Exactly after he said, by the way, im going to stop working off about this case. A juror could look at that and say, thats it. I dont i dont credit you because you are desperate for donald trump to go to prison that right, there is bias, but let me just say this. There is a Redemption Path for Michael Cohen if the jury believes what Michael Cohen says, which is when i turned on trump, i became a new person. Ive turned a page in my book. Im telling you that. Yes, i did these bad things then im telling the truth now, there is some appeal to that narrative to well, i mean, the prosecution is hoping that is what he is exactly going to say. It is really important in there is no leeway, like there wasnt Stormy Daniels its to say she wasnt really critical to this. Michael cohen is critical to making their case. What ellie and i totally agree on is he is the case. In other words hypothetically, he doesnt show up monday and then the people say we rest our case. We agree that the judge would have to dismiss it. Like theres not there hasnt been that piece of evidence. That number one connects trump to the bookkeeping. A number to connect some that we did this to commit a second crime because thats what they need. The fact that the shirt with him behind bars is exist is bad, but kaitlan, the fact that it exists like 48 hours ago is insane and just one other thing i want to talk what credibility and judge kohn visor will really elaborate on this when the judge charges the jury, when he gives him the law hes going to say, if you found that the witness lied to you about one thing, you can infer youre allowed to infer, youre allowed to disqualify all of their testimony. And i think the defense is going to have the ability to show that coleman lied about a lot of things. I mean, how charge also says if you found he find if you find that someone lied about something, you can discount their testimony. The charge also says you can dismiss the part that you do not credit and credit that much of the rest of it that you do credit. So its a ban basically take a balance that and thats what the thats what the judge will do. Thats the textbook standard. Than energy. What judge more sean did your today at the end where he was like, im not gonna put a gag or on Michael Cohen hes a witness here. But to deliver a message from the bench to a witness, is that rare . How often does that . In exceedingly rare, but this case is different for so many reasons. Weve talked about that. You have a Witness Mouthing off and you know, as as elie said, hes put on some bad guys. Weve all seen guys cooperate in criminal cases who have three murder, three Murder Convictions were admitting to do horrible things this guy has an impulse problem. Hes a lot like donald trump they cant control themselves. And thats probably where they were embed together for all those years figuratively as a defense lawyer, dont you love that . He keeps talking, dont you wanted to i mean, you dont want to get to please keep doing it, keep doing dude all weekend because its just more ammunition for the crossexamination thats a good point. The defense is lovingness. Todd blanche is so frustrated in court. Hes like, how are we to do this with Michael Cohen keeps talking, youre saying it can actually work to their benefit. I think it is going to work to their benefit because they have so much to go after him on and look his job on monday and tuesday when it gets crossexamined, is whenever you get crossexamined, youre going to take punches and i hopefully hes been trained well enough to absorb those blogs. He just cant get knocked out, right . Its like a boxing match. Youre going to get punched in the face on cross, but he cant fight too much. He has to just absorb all of the things, all of the leinz and just saying yes, yes. And keep it moving what does what does the Prosecution Hope that he does in order your Jury Consultant, youve worked with a lot of juries before to make him appeal to that jury. Thats sitting this far from it. I dont ever be appealing, but if i were advising him and if i were prepping him, i would say, look, you have to just take it dont fight, dont try and minimize, dont try and deflect, dont try and justify all the leinz, all the things you did, just say yes, because it takes the air out of the crossexamination when you give one word answers, when you just say yes, theres no place to go, you know that right . In other words, what you can make good, yes. Did you lie . Hes just going to say that. Yes. Yes. Did you do time notice really . Yes. Yes. The bestcase bestcase. We dont know if know hes not gonna do that and ill give you an example. Ill give you a specific example. He pled guilty in 2018 two, four sets of crimes, including bank fraud and tax fraud. Now, Michael Cohen loves this narrative that i only ever committed crimes within for donald trump. Not true. Tax fraud, bank fraud had nothing to do with donald trump had to do with his taxicab medallion business, his own personal taxes. So the answer as arthur recommend should be, did you plead guilty to bank fraud . Yes. Were you guilty of bank fraud . Yes. Thats not what hes going to say. Because, he was examined on civil case. He goes, no, im actually not guilty. I actually lied under oath to judge pauley when i pled guilty, its like lies upon lie. Right. The next question is, how many times a gi where youre lying this time relying that time until at some point the scales are going to accept federal judge jesse furman, who i used to work with southern district, a liberal guy on a barack obama appointee issued a ruling a month or two months ago saying either Michael Cohen committed perjury here in this court or across the street in the state court, one or the other. But whats remarkable is about what you just said is that Michael Cohen blames at all of his guilty pleas. Are its convictions on donald, please . On donald trump. Donald trump does the exact opposite. He says, why . Nothing to do with anything about why you went to prison, which is also not accurate. Yeah, thats what theyre some potency to that argument for the prosecution. You go its not quite accurate to say, i know people say Michael Cohen already went to prison for this. Its not quite for this. He pled guilty to federal Campaign Finance laws, nothing to do with state falsification. But generally speaking, he went to prison already in small part for the Stormy Daniels pay off. Why should the boss skate . There are some appealed with either is there any benefit to Michael Cohen . It having everyone talks about his credibility and lack thereof leading up to the team knows its coming, its not like hes in a good on that. Stand and not know where its going Michael Cohen and i dont say this lightly hes got a screw loose thats the sweetest way and he no, he now im gonna get a phone call, but it was complete when he loves the attention, he loves it. Look what hes doing. None of us here have ever seen a witness whos going to be testifying in this huge trial . From oj simpson all those years ago, to bill cosby recently doing all of this media before they go on to talk about it, like it doesnt exist. He cant get enough of obscene himself on tv. One last thing caitlin, its going to be interesting. Who does the crossexamination for the defense . I dont believe its susan i got to be right. And hes got a very different style. Then. Susan does. Hes good. I think i think hes going to be a lot more laid back that susans aggressive kind of bag, bag, bag, they would storm. I mean, hes got to be thinking of the jury when hes trump would love for him to do susan necheles, israel thats good style. I mean, i think i think Michael Cohen is the type of witness where you can do exactly that. I think hes going to go super aggressive after him because hes going to hold him an ultimate contempt. I think the jury wants to see it. I dont think theyre going to have a lot of sympathy for Michael Cohen. So i think its going to be maybe even more aggressive than what you saw, what susan necheles, judge how does how does judge more shawn handle that . Because there were moments in the Stormy Daniels testimony where he was clearly uncomfortable with some of the leinz of questioning where they went, but also with the crossexamination is there a way that hes watching for that here . Can they go too far on Michael Cohens credibility hit . Well, hes always watching. But in terms of crossexamined the nation, thats fair game. A judge does have to take a step back and say, this is this is the main witness in this case. This is a credibility contest and this is the opportunity that defendant has to press him on everything and pretty much the judge will will stand down. The judge will be much more focused on the questions posed its about the prosecution to make sure they dont run they dont run afoul of the rules, but the defense crossexamine thats theyre thats their fields. I try to make the argument for Michael Cohen, the prosecution become a four on zero pylon everyone who hasnt drink in there and its made this similar argument, right . Youre going to folks Michael Cohen is not a saint. In fact, he is a sinner. He told you that hes done some bad things. Hes owned up. In fact, he went to jail. He did time, but what hes done and when he flipped in 2018, he turned to page and since then, hes been on the straighten out, by the way, folks, you dont have to take Michael Cohen at his word for any of the important facts he testified about because all the important things he told you about are backed up by texts, by checks, by documents, by testimony from other witnesses. Were not asking you to love Michael Cohen. You just have to let him guide you through the senator said great argument. Council and that would have worked a few days ago before he shows up next to the guy with a guy in an Orange Jumpsuit. Me thats just it just doesnt work that right . Of course. The prosecution is going to say you dont have to like them, dont take them at a dinner. Were not asking that you have to understand why hes telling the truth on these limited issues and compare it and corroborated with all the other witnesses. Thats the only thing theyre going to thats the only thing they need from them. But the jury cant despise not going to go their way. I mean, you dont really hear the word hate that much story. Daniels says she hates donald trump. They should be able to get out of Michael Cohen. I hate donald trump. It obvious vice versa. During the jury saw tweets today hey, from donald trump saying, if you need an attorney, i highly recommend you dont go to Michael Cohen for your Legal Services even though thats exactly what trump did for decades all of us you can tell you though, thats not normal normally witnesses dont come up and say, i hate the defendant, i hate the different maybe a divorce case, but not usually in a criminal case. So thats i mean, that guys a Defense Attorney. Youre like they have expressed to you they were honest about how they feel about this person. Theyre willing to say anything. So that that tshirt that Michael Cohen, wheres war and that shot and shot we showed you comes to fruition. Dont misunderstand emotion as a part of every criminal case, right . It depends on who youre witnesses and what the facts are, but you dont usually get this vitriol. You get brave victim who is just devastated and pain having to sit there and go through it, or a mother whose child was shot and having to say i went to the morgan, this is what i had to do and its just emotionally charged. But this is this is different level. This is such a, such disdain for each other that we dont know how its going to play house, what hes showing such a lack of respect for the system because you have to imagine, you know, the prosecutors were saying you know, tone it down. His lawyers probably telling him tone it down and he just says no regard. Yeah. And the prosecutor said they asked him multiple times safe to say nothing is normal about thi

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