Jury will hear before the case is in their hands. I lead source was in court for every moment and well also speak live with Michael Cohens attorney. And it was a moment that we could all hear for ourselves really, hours after trump left the door open two restrictions on Birth Control, he now says, he never said what he did. In fact, say, you can hear for yourself and moments we have new reporting tonight on a terrifying scene in the skies, a passenger is dead, many more injured when extreme turbulence strikes without a warning im Kaitlin Collins and this as the source Donald Trumps fate will soon be in the hands of 12 new yorkers. And with that, we will finally know whether the Presumptive Republican nominee, the former president , and the potential future president will be running as a convicted criminal. Both sides and his Hush Money Trial are now preparing for a critical moment. The Closing Arguments after resting their cases but this being the trump trial, theres already a new battle underway and its one that could play a huge role in what that verdict actually is. Judge juan merchan reprimanded one of trumps attorneys today is the prosecution and the defense argued over what the judge is going to tell the jury where they locked themselves in a room and the rest of us wait for for verdict. At one point during those arguments this afternoon, justice merge, sean actually told trumps attorney to sit down and said, please dont. When he kept raising one of his points more on that with Michael Cohens attorney in a moment. But the defense in the meantime has rested its case today after calling just two witnesses in total neither of them was named donald trump, despite how he said repeatedly that he wanted to testify. If youve been following are reporting here on the source, you knew that was actually likely never going to happen, though. Trump did have plenty to say away from the Witness Stand outside the courtroom. Pretty quickly, restroom anywhere. The case i dont id like to sometimes it appeared something was on the former president s mind there. Of course we know he had his eyes closed. Theyre all much of this trial whether it was sleeping or pretending like some of the testimony wasnt happening. It was widely reported on i was there, i witnessed it at times so did Courtroom Sketch Artist and even just today as those arguments were going on, the cnn team in the courtroom reported that trump appeared to be dozing off a bit one point, his eyes closed with his chin on his chest and his mouth open we have the ultimate insiders here tonight, who i should note are wide awake people who have been in the room throughout this entire Landmark Trial File is it now moves into its final phase by lead source tonight is New York Times senior Political Correspondent and cnn political analyst, Maggie Haberman and maggie, i mean, you have been in that room every single day as we went from david pecker to Robert Costello and the fireworks that we saw late yesterday afternoon when he was on the stand today. I mean, what do you just make of what youve witnessed now that youre looking at all of it to the very first day that he fell asleep during Jury Selection and angered when you reported on that. So look, this trial has been long, it has been really long. It is not absurdly long, as not the longest trial and history, there has been a lot that has taken place and i think it is easy to lose track of everything thats taken place because david pecker was the first witness and he was seen pretty widely as an effective witness for the prosecution. He told a very compact story, which is what the prosecutors have been telling. Hope hicks backed up parts of that story, Madeleine Westerhout backed up parts of that story, even as they said, things that the defense found helpful Michael Cohen and Stormy Daniels and Robert Costello are different stories and i dont think that the jurors thought that Michael Cohen was a member of the clergy and so i think that a lot of the commentary about how he performed has been based on this idea that he came in, seen as, as pure and this all fell. However, he did, he a pretty rough couple of days, particularly yesterday when he acknowledged that he stole from donald trump, that i dont know how the jurors receive that Robert Costello, however, did come in as a former federal prosecutor and lawyer and member of the court and he had a very rough outline yesterday. He had a better performance today. If there isnt an acquittal or if there is a hung jury, then i think that the defense will point to the aggregate of those performances, Stormy DanielsMichael Cohen, and Robert Costello as basically just creating this air of who knows exactly what happened here and i dont know that thats how its going to go. None of us knows how its going to go. There is this this sort of constant drumbeat outside the courtroom of people shouldnt talk on both sides of this case. Well, you know whats amazing about a courtroom is theres two sides definitionally. And so and we have no idea what is going to happen. But trump has, used it to reinforce Campaign Themes that hes persecuted. He has brought in a failings of support porters every day. He has rolled very heavy with these supporters. He has his indicted top Legal Advisor who shows up with him every day to court. I dont know how the jurors see those atmospherics where we may never know how the jurors ended up seeing this case because they may decide not to talk and i can understand for their sakes why they might not because theres real risk to that theres a lot of talk about a possible hung jury hung juries are actually not that frequent. It gets talked about so much that youd think it happens all the time. It really doesnt, but it does happen slightly more on highprofile cases. One thing about the jury is its been the same jury the entire time. No alternatives have been used yet. We dont know, but but its remarkable. And its interesting watching the jury and how they reacted to Robert Costello because we probably saw more reaction then it any other moment in the testimony, even when the Stormy Daniels moments were happening and today, youre you said he did better today, the borrower is pretty low given the courtroom had to be cleared because of him yesterday, but there was there was a moment where so. The prosecutors were using his own emails against him, including the one where at the time he said to his partner, our issue is to get cohen on the right page without giving him the appearance that we are following instructions from giuliani or the president and the emails just are what they are as castello himself said repeatedly and some of these were very hard suggests there was an opposite contexts. I will say there were a couple of moments when susan susan hoffinger, the prosecutor interrupted him or cut him off when he was saying theres contexts. Can i give it and i dont know how the jurors felt about that because if he had Something Else that he wanted to say, they might take it as the prosecutors are not being that fair to him. I mean, the basic challenge here for prosecutors there well, there are many challenges one is that they are telling a very neat, compact story, which is just sort of clear. This is what happened and this is why Michael Cohen and Stormy Daniels in particular putting castello side. But Stormy Daniels and Michael Cohen, they have complicated motives. And so david pecker also has sort of complicated motives. And that makes it a more a complicated story to tell that having been said, there is a lot of Documentary Evidence there is a lot of discussion about matters that i confident the former president would not want to be sitting discussing over the course of five weeks. But what that looks like, we dont know. Can we talk about how he never testified . I dont think between the two of us, either of us ever thought he was getting on that Witness Stand but i mean, he put it out there a lot. He was the defendant himself who offered and said he was going to testify. Sean was saying to people as recently as about a week and a half ago that he really wanted to testify and that he was likely going to and his most on his team did not want him to because they were afraid that that was going to be the end of the case. If he got on the Stand Defendants who is he is still has the same presumption of innocence as any defendant because thats what the system is. But if you are someone who is going to go out there and repeatedly claim falsely that youre being prevented from testifying, that youre gagged so you can testify he could have gotten up there and he could have answered all those nitro is not two. And instead speaks outside the courtroom on a daily basis and complains that hes unable to speak . Yes. Right it says multiple things that just arent sure if youve been the courtroom. We also have other legal voices, voices that are here tonight, better in new york Defense Attorney arthur aidala, and also cnn, senior legal analyst and former assistant us attorney elie honig when i can ellie, a big thing that happened today that was not as insane as Robert Costellos testimony, but maybe more important was what the instructions are actually going to be from the judge when he speaks to the jury next week i mean, can you just put it if its basically telling this jury and nonlegal term what the statutes are and what theyre making their judgments based off the Jury Instructions are so important, theyre sorted, dry, but theyre crucial there. The last thing the jury will hear before they disappear into that jury room to deliberate and we as a criminal justice system, we do the best we can. We try to have the judge explain it in nonlegal understandable terms. Some part of the jury tradition is easy to understand. For example, its up to you, the jury, to assess the credibility of the witnesses. Anyone can understand that. Other parts get really deep into the weeds. Usually when we get into the elements of the crime and what happened today when the parties were arguing about what the Jury Instructions should be and should not be. Absolutely blew my mind. We are i need to call this out. We collect actively prosecutors are pushing the boundaries of due process here. The general backandforth in the courtroom today was the Defense LawyersDefense Lawyer saying, your honor, please tell the jury specifically what the other crime is, right. Prosecutors have to prove falsified records for another crime. Defense lawyers are begging him. They have to know what the other the crime is, and prosecutors were saying, no, lets keep it very vague and general. Its a bizarro world. I know that there is some aggressive reading of the new york statute that says while the jury doesnt really have to know what the other crime is, but to me, that suggests that the das office is hell bent on getting the conviction now and worry about that as a fallout later, katelyn, thats exactly the opposite of the way it usually is usually is the prosecutors who want things more narrow and the Defense Attorneys want things wider and here its its just bizarro world. But in terms of him not testifying and saying hes going to testify. Look, thats Defense Attorney oneonone. You you want to keep your adversary dont the a toes. You want them preparing, even though they got 18 prosecutors on this case, you want them being spending time preparing to crossexamine the defendant. You they would probably love to crossexamine the defendant here. You dont have to take maybe or maybe not because donald trump does things that no other human being could pull off some time. He testified in the carroll case and he got an 83,000,000 judgment thanks. In front of excuse me. But it was in front of judge kaplan, who in the First Time Ever said to have a lawyer. I want to know everything your client is going to say before he testifies, and im owning allow alaskan myth three questions that was talking about lack of due process, given the jury decided how much money was happening there. But lets talk about whats happening here because i mean, if youre the Defense Attorney and youre making that argument about what the instructions can be and what this looks like for the jury. I mean, it could truly decide this verdict and what that jury walks out of that room. Absolutely. And i think always description was exactly right in terms of where we are seeing. I mean none necessarily coming to your description conclusions, but it is absolutely true that prosecutors are asking for a very broad interpretation of what could be allowed. And at one point you heard emil bove, one of the Defense Lawyers, say today that essentially i dont remember exactly how much sean came down on this but it was the argument was your leaving this so vague that one interpretation is that he could have broken a civil election law and that not even a criminal violation and it just gets into very complicated areas. I mean, this is one of the challenges of this case, is that in trying to explain it to people it is it is very complicated. The charges are very complicated, and probably ever happened before. Prosecutions dont get crowdsourced. But when youre dealing with typically, but when you are dealing with the former president and current presumptive nominee, the circumstances just are what they are. Yeah. I think it all goes into the Bigger Picture of what were looking yeah. Because this is separate, but its a development that happened tonight and i wanted to ask you all about it because this is in the classified documents case, that trump is dealing with. He is now coming out and saying on truth, social la, that joe bidens doj authorized the fbi to use deadly lethal force against me Marjorie Taylor greene is taking it. Shes saying that they were planning to assange lesson eight President Trump and gave the green light. I wont even mention that trumps attorneys are arguing to this Supreme Court right now that technically the president has that authority. But obviously thats not true. The fbi to put out a Statement Today saying this is standard procedure that the fbi always has lethal force. They showed up tomorrow logo knowing donald trump wasnt there, they didnt show up at 6 00 okay. In the morning, they didnt come with the lights flashing and the guns blazing. It was a very chill seen for a scene where they were showing up to find classified documents. This is ridiculous. Theres nothing to see here and i looked even at what specifically theyre talking about. If you look at the Search Warrant documentation, there is a standard form. Its page 11 of the ship and it gives the fbi and the generally acknowledged standard for use of lethal force. It says essentially, you can only fire your weapon, you can only use lethal force if there is imminent danger of death or serious Bodily Injury to Somebody Else. If you see Somebody Else about to shoot somebody about the stab somebody, it is. If anything, a very tight limit on when you you can use lethal force. Almost never. It appears in every Search Warrant, every ops point operational plan, ops plan. There is nothing to this. The notion that theres something dangerous wrong. Im hesitant to even dignify the Assassination Talk by even mentioning it, but completely adeline. But youve got to still just take into consideration that this is a guy, meaning trump, who has Secret Service protection. There. I mean, there are elements that do make this difference where ms haberman, i disagree with you. There are elements him being the president has nothing to do with the jury charge. Nothing. You didnt youre completely misrepresenting what i just said. I thought you just said thats what you said. It was like, lets just was called iv, former president of the united you know, that is not what i said. What i said was the prosecutions dont get crowdsourced typically, you dont actually Pay Attention to the political realm. But in this case, it is understandable. Im not talking about the jury charge. You totally misunderstood what i said. Okay. Representative, regarding the jury charge, then ill go now we really, its usually not complicated to describe the elements of the crime. Ladies and gentlemen, the jury, the prosecution has the burden of proof beyond a reasonable doubt to prove that mr. X caused the data heating are literally repeating what i just okay. So were agree. She said what i know. I know you had to take the position that i mus