The deals on top before there job the defense has rested. Testimony has wrapped, and donald trump notably did not take the stand of course, sanchez, alongside jessica dean in the nations capital, and soon the judge and attorneys for both sides are expected to go back in court to go over Jury Instructions. In this historic Criminal Hush Money Trial of the former president. Earlier today, jurors were dismissed for the week the judge telling them to be ready for Closing Arguments next tuesday it comes after the defenses second and final witness, attorney Robert Costello, took the stand for a second day, and once again, the former adviser to Michael Cohen face some tough crossexaminati on prosecutors, youth castellows, emails in an attempt to show he made several efforts to stop cohen from flipping and assured him that he had a backchannel to trump won email dated april 19, 2018, indicated trumps former lawyer, Rudy Giuliani, was joining trumps team and costello wrote to cohen, quote im sure you saw the news that rudy is joining the Trump Legal Team. I told you my relationship with rudy, which could be very, very useful for you stella denied that he was pushing cohen to retain him because he could provide a backchannel to trump, cnns Kara Scannell has been encouraged throughout this entire trial here at any reaction from the jury when the defense rested today there was no reaction at that moment when they rested, but this pattern that you were describing with the Process Khidr confronting Robert Costello with an email and then this prosecutor, susan hoffinger, would ask castello, citing words he used yesterday saying it speaks for itself, right . There was one moment where costello said, not quite and he went on to try to explain it. And the prosecutors that thats all right. Well move on. That elicited some laughs in the courtroom and i saw some smiles cross the faces of some of the jurors. But for the most part part throughout this trial now and its six feet, this jury has been poker face. They havent revealed much about what they thought of the testimony and the judge playing them today, but they are going home for for a week and that theyd come back next tuesday for Closing Arguments. He warned them that that could go all day. Its possible could even go into wednesday. But he said he would expect them to work on wednesday this trial hello. Is normally not sat on wednesdays. So they would hope that they would work and then they could begin deliberations in this historic case. Guys so cara, what can we expect in the next . Our so this afternoon session is very important. Its going to be in the weeds, its very legally the lawyers are going to argue back can forth about what the judge should explain to the jury about the law in this case and this will be the instructions the judge gives a jury about what they need to find in order to decide if former President Donald Trump is guilty or if he is innocent. And the prosecution has not met its burden. So these words, these instructions are going to be very important. The judge has asked the parties, both the prosecutors, and trumps team for the past several days and weeks to come together to try to come up with some language they can agree on. Today. Going to be hammered. Bring out those areas where they still do not have agreement on some of this language. Key, key elements here. This is a case for trump is charged with Falsifying BusinessBusiness Records to commit or conceal another crime. And the issue here is what are those other crimes and what will the jury be told about them . The judge said the other day that he wanted to keep this simple as possible. He didnt think they needed to overcomplicate it. And he ask the parties to come together and give submissions to him. He got them this morning. He thanked them for and were going to get into the nitty pretty gritty of that this afternoon before. And this will be the makeup of what the judge charges the jury with just before they leave the room to begin deliberations next week all right Kara Scannell for us. Thanks so much for that update and cnn senior legal analyst and former federal prosecutor elie honig is here with this now elie now with the defenses rested its case. Can you walk us through some of the key moments of what has been and historic trial. Well, jessica, as kara said, we are about to get into some weeds here, but the really important weeds, i think theyre interesting weeds. Lets just first take stock of where we are in the trial process. The defense case is done. They finished with bob costello. There was no prosecution rebuttal case. They can put one on, but they chose not to. And were going to next week moving to the end. Game, which will consist of Closing Arguments by the parties, followed by the Judges Instructions to the jury, file, followed finally by the jury deliberations. Now, whats going to have to happen this afternoon is the parties are going to get together with the judge. No jury. Theyre and theyre going to talk about what those Jury Instructions will be. This is a really important moment because it to it determines how the jury will deliberate. Now, the first thing that the parties are going to do is have the judge define the actual crime. Let me bring you back to the indictment itself. The charges here against donald trump falsifying Business Records in the first firstdegree, there are 34 counts, one for each ledger entry check, an invoice in the case. Now, there are two elements, two components of that crime that the judge is going to instruct the jury on. First of all, the prosecution has to prove that donald trump knowingly made or caused a false entry in the Business Records. Each of those records will be its own count and to that extent the prosecution is going to point to the documents. Heres the checks signed by donald trump. Heres the invoices made out to retainer and the allegation is those were falsified because they were actually campaign related fees, not legal fees. The second element of the crime that the judge is going to instruct the jury is that the intent here was to commit aid or conceal another crime, this is really important because we dont quite know from the prosecutions point of view, what is that other crime we should find out this afternoon, the prosecution has alluded to federal Campaign Finance crimes, statelevel Campaign Finance crimes, and in passing, tax fraud, i suspect thats going to fall away, so we should know by the end of today what that other crime is. A couple of other really important points that always get made during a jury instruction. First of all, the prosecution carries the burden of proof Beyond A Reasonable Doubt. That is the highest standard of proof in our entire legal system uncontroversial but important. The judge also will instruct the jurors when they come back next week that it is up to them to assess the credibility of each individual witness. Most importantly, Michael Cohen, also, Stormy Daniels, david pecker, and the defense witness. Robert costello. There also will be conversation later today about what does the judge told the jury about missing witnesses, important people . Allen weisselberg, the cfo of the trump org keith schiller, the bodyguard who received some important calls from Michael Cohen. Does the judge instruct the jury that you can hold it against either party or both parties, that they were not called as witnesses. And finally, jessica and boris, the judge, will instruct the jury that donald trump has a right not to testify. They cannot use that against him in any way. That is our fifth amendment. Again, that part will be uncontroversial, but really important to the Judges Instructions. So what were going to see this afternoon is crucial and it will set the table for next week when we finally get our jury into that backroom to deliberate and then turner verdict la. Thanks so much for breaking that down for us. Well see you here at the desk in just a moment. Lets bring in the rest of our panel now cnn legal analyst and former federal prosecutor, Elliot Williams is with us, also so cnn senior political analyst, gloria borger, and cnn political director david chaldean gloria, i want to start with you because this question of assessing credibility by the jury specifically bob costello, he wrapped up his testimony today. He was asked about his relationship with Michael Cohen, his relationship with Rudy Giuliani, and he specifically pushed back on this idea that he was a backchannel to donald trump in defense was trying to get at wi think whatever they were trying to get at, they didnt succeed because he was trying to take down Michael Cohen and say that Michael Cohen was a liar but what some of these emails show owed in fact was that bob costello was trying to get Michael Cohens business and was promoting himself as a backchannel to Rudy Giuliani. Then aka good friend of donald trump and his attorney. And that stay within us, within the clan. You are loved, will protect you and so he came on the stand to discredit Michael Cohen. But instead, i think he just credited himself david prosecutors question costello about this Pressure Campaign on cohen from trump out and there are from trump allies back in 2018, about getting everyone on the same page, getting everyone in alignment. What does it say to you about what was happening at that moment in time . Well, was saying that trump and his allies were concerned that Michael Cohen it was going to flip and he did. And i think that that was a real concern at the time and i think thats why the defense using this witnesses a little bizarre to me because it takes Michael Cohen and all of his flaws and facts and what have you, however, the jury is going to assess that though and it it reminds them, it seems to me that this was somebody who was once in Donald Trumps orbit and then flipped and had a story to tell for the prosecution here. I dont know that thats the reinforcing thing that the defense in this case wanted to put forward to the jury earlier. Do you agree with that . I do. It prosecution is ultimately are doing cases ultimately an exercise and using a scalpel, not a hatchet. And this whole question of what did Robert Costello actually bring that hadnt already been brought over weeks of testimony. If the question were Michael Cohens credibility and poking holes in it, and thats largely the purpose of why they call robert custody so on the first place, that had largely been done over the several days prior. Now, you can make the argument that through Robert Costello, perhaps you heard about Michael Cohen stealing from the trial Im Organization or does that really add much to two weeks of testimony about this witnesses credibility . So it invites the question of what the defense actually gained from putting this witness on the stand, and i would make the argument that they actually lost a little bit because they number one, got under the judges skin and number two, in front of the presence of the jury, actually saw a witness and its disrespecting the judge. So in many respects, it just it wasnt a net positive for the defense to call this witness yeah, an ally. It does come back really to credibility wright, who do you who do these jurors believe . Who do they think is telling the truth . Who is the most credible, right . And so im curious what you think about costello and how he kinda falls in to that lineup of bonus is not credible. I think bob costello was not a credible witness for the reasons elliott sodomy first of all, he has motive. Second, all his conduct that they brought out was really not good conduct. Hes trying to keep Michael Cohen from coming into the government and choline operating. Third of all, they contradicted bob costello with his own emails. I found them to be not at all a credible witness and thinking back to all of the witnesses in this case, i think the total number was 22 different witnesses. I really think in my view, at least understood. Maybe what other people think. I only think there was two witnesses that i found with substantial credibility issues, costello, as i just said, and of course, Michael Cohen, whether one fully believes him or not the guy has serious credibility issues. Maybe Stormy Daniels, but i didnt find anything to outrageous about what she said, but i think the jury is going to be focused on really Michael Cohen, about Above And Beyond all of us because lets be real. Bob costello was a terrible way to as you leave a bad taste in the jurys mouth. But Michael Cohens testimony is 100 times more important to this case. Then Bob Costellos testimony that got i wont even rehash it. We know he lied to everyone. He made a bunch of money off this turns out he stole from the trump org. So the question is, can they live with it . Can you live with it based on the other evidence, just to clarify, just for the non former prosecutors and the crowd, what we mean when we say credibility issues, every witness has credibility issues and even do you remember the thing you saw when you said you saw the Robber Running down the street . Three, is itself a question about the witnesses credibility because youre poking holes in what they saw and can testify to you at the time, anything like a prior conviction, prior instances of lying on the stand . And prior instance of lying de or wife can be credibility issues. Theyre not insurmountable. People are convicted all the time over the testimony of witnesses who have credibility issues. But its not this binary. Michael cohens credible and costello was not. Its every were human and have a jumble of things in our backgrounds that could be used to poke holes in what we say under oath. If it were up to attorneys, to Donald Trumps attorneys alone about whether they were going to make their witness bob costello, at the end of the trial i think if you took a poll of his attorneys, the answer would be no. We dont wanna do this i think it was directed by the client donald trump, and costello has appeared on fox news dumping all over Michael Cohen, the president is known to watch some television and i think it was his idea all the way. I cant prove that 100 , but those lawyers are two good. I think to say, oh, yeah its a great idea we can chuckle about donald trump in his donald trump venus at the end of the day, it is the clients decision about how to proceed in any litigation. Now reasonable attorneys. Will advise a client to say that is a bad idea and against your own legal interest to proceed in that way. But it really is his decision and perhaps they did that if trump actually did want to testify he said publicly things that would indicate that he was eager to maybe not as much behind closed doors. Do you think this was a compromise between he and his attorneys, david, donald trump has a history of say his litigation efforts here that he is eager to testify and he hasnt testified all that much. So im a little dubious about taking trump at his word that he really wanted to testify in this case. But theres no doubt weve seen in its not just in this example. We have seen time and again where the Trump Legal Team and the client are not on the same page and their needs and theres some massaging there that goes on and as you just pointed out, the client at the end of the day is the one thats going to win that battle there if theyre paying the fees, well, just about that that is a conversation for another panel, david Gloria Elliot elly, appreciate the perspective. Thank you all for being with us. Were going to stay on top of this trial and bring you updates as they happen still ahead, this hour on Cnn News Central his both sides rest, were going to talk to a former attorney for donald trump about the defenses decision to coal. Just two witnesses plus one person is dead, dozens more injured, some critically after a flight from london to singapore hit severe turbulence. Weve gotten your details about how it happened as video from inside the plane reveals the chaos time for Growth Funding from bus do breaded makes it possible . Are easy and convenient process makes it simple to take the next step on your journey bus to credit funding. Whats next imagine a trip thats personalized just for you with an experienced private gun who works only the queue, no crowds or groups with exclusive good access to the very best of your destination and exceptional accommodations that always go Above And Beyond in over 100 retries worldwide. Its travel thats once in a lifetime every time. 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