So much through his art, ideas and generosity. The world has lost a true Creative Genius and a special man. Boras its definitely luck. Thank you so much and thank you so much for joining us tonight. Ac30 60 starts right now tonight on three, 60 Breaking News on the criminal hush money trial, new details about the Jury Instructions coming just days before prosecutors and Defense Attorneys deliver their summations and a Jury Decision could come as early as next week, also tonight, it is not just flags Justice Samuel alitos history of speaking his mind about both cultural and political issues plus a Young American couple risk their lives to help those suffering in haiti. To us missionaries killed in a gang attack their story. Tonight good evening to you. Im jim sciutto in for anderson this long warm Memorial Day Weekend, Breaking News now about the former president s hush money trial. Days ahead of tuesdays make or break summations. A source tells cnn that judge juan merchan has issued the final Jury Instructions to prosecutors and Defense Attorneys. This happen on thursday these instructions are a critical roadmap for the jury wants deliberations begin. We will likely know more about them after the Closing Arguments on tuesday. Those summations will attempt to weave compelling but competitive narratives after more than six weeks of documents, texts, an emails, plus exhausting, sometimes contentious, and occasionally sorted testimony about allegations of an affair, a payoff, and a cover up. Trumps former attorney, Michael Cohen was the key witness for the prosecution. He gave testimony that went to the heart of the 34 Felony Counts of falsifying Business Records. But the defense also sought to undermine his credibility, even getting him to admit that he stole from the Trump Organization and raising questions about a conversation cohen said he had with his former boss about the scheme ultimately, it will be the burden of the prosecution to prove and Beyond A Reasonable Doubt with a claimed in their opening statements, quote, it was election fraud, Pure And Simple also, because of the current political timeline for the former president , we may hear the final decision of the jury about his face fate weeks, perhaps days before the first president ial debate here on cnn, that happens exactly one month from monday on june 27th, on wednesday, anderson spoke with former fbi director james comey about the case. Comey believes the jury may convict where do you think this is headed . I think its highly likely to result in a conviction. You do. Oh, yeah. Some a small possibility i think of a hung jury. I think theres almost no possibility of acquittal. Yeah. I think they built a case that was not subject to crossexamination, really, its based on documents and texts and emails in the world herds of the defendant. And then they presented their most controversial witness, the cooperating bag man im joined now by former federal prosecutors, at least adamson and ten media on ganga, former manhattan chief assistant ta karen friedman, agnifilo. She has recently joined a law firm now representing Michael Cohen. However, she does have nothing to do with the case and knows nothing beyond what is already public. Also, with us former New York State Supreme Court justice jill can visor, a longtime friend, it happens of the trial judge juan merchan, judge, if i can begin with you, theres been a lot of talk about the Jury Instructions and how central they are to how the jury will decide this case. Because the judge has some influence on defining for them the terms in effect and giving them a roadmap for deciding guilt or innocence. Why tell us why they are so central well, Jury Instructions are a road, are definitely a roadmap. Of course, juror is pay very careful attention when a judge thanks and happily so they do want to get their information from the judge, lily paying careful attention. Essentially, i would say probably 80 or 90 of the charge will be boilerplate. In other words, its what youre going to hear in every other case. The presumption of innocence, the burden of the burden of proof, proof Beyond A Reasonable Doubt, credit ability, and so on and so forth. In this case theres going to be maybe a little bit longer. There are a lot of counts that they have to go through and theres gonna be some some wrangling over if it hasnt been already about what the actual language will be. Okay. So karen, to that point what do you believe the gist of the Jury Instructions will be because the wrangling has been over as i understand it as a layman about describing whats necessary to convict on the Felony Portion of this charge. They didnt affect trump knew what this was about and he did so with intent to de affect break federal election law can you explain how the judge can kind of lay that out for the jury as they make this decision yeah. So in new york, falsifying Business Records can be either a misdemeanor or felony. You have to intentionally cook the books if you will. Right . Its not a mistake. You didnt make a mistake. And if you just do that, thats a misdemeanor. What bumps it up to a felony is if you you also had the intention to either do so to cook the books in a way that committed another crime or conceal another crime. And thats the theory that the prosecution is using in this case. Theyre saying yeah, they falsified the Business Records by calling it a Legal Expense when it was a reimbursement for my payment. And they structured the payment over time and they tripled essentially triple the Reimbursement Amount so that it made it look like it was income instead of a repayment of hush money. So thats what theyre going to charge the jury on. And one of the questions that the judge resolved on the jury charge was the jury doesnt even have to unanimously agree on which crime they think the defendant intended on committing. It could be state election fraud, it could be federal election fraud, it could be tax fraud. The timing is interesting here, because the judge in effect gave the jury a break and said, im not going to were not going to give Closing Arguments before the holiday weekend. Youre not going to start deliberating before the holiday weekend. But theyve heard a lot of testimony. Theyve theyve seen a lot of evidence. Their minds are going to be going over the weekend. How does that affect their thinking . And how might that affect the deliberations once they do begin . Well, i dont think it affected that much. I mean, theyve had a long trial. Theyve been at this for what, four or five weeks now. And its entire time. They havent been allowed talk to anyone about it. And that includes each other so this whole process, they really been in their own heads and thinking about the evidence. So to the extent it has any impact, i think the last view they had, the case was the failed attempt of the Trump Defense to put up some witnesses to have any real impact. I mean, theyve put up Michael Cohens former lawyer and he really got destroyed and crossexamination. So to the extent that theres are remnants of memory there, its going to be that, but i think overall, they really are thinking about the broad entire case that theyve been looking at for so many weeks. And i think when again, in the neck next week thats the first time they get to speak about it and theyre gonna be bursting really unpack the evidence and good then dive into it. So i wouldnt put too much weight on that. Its when they come in to get that jury charge, they send their room and they get to finally exhale and talk about this. Thats what its gonna get interesting. At least theyre going to be two people in that room who are lawyers themselves. And i imagined beyond the evidence, theyve heard they went to law school hey day, they have a lot of experience in the field and ive ive heard a lot of lawyers on the year talk about that being a potential problem. In particular for the prosecution because the lawyers will perhaps they have a higher standard in their mind as to whats necessary to prove. And therefore to convict the former president. Do you agree with that . Do you agree that the two lawyers are the biggest obstacle or biggest challenge for the prosecutors i dont think that theyre the biggest obstacles, but i can tell you what i was trying cases. I did not want lawyers on my jury l of the jurors are going to be following the law and the burden is the same. Its Beyond A Reasonable Doubt. I think the problem is when you have attorneys, theyre going to want to look at everything attorneys, we meet, we hang on every word and i actually see the two of them being the reason that deliberations may possibly be drawn out here because please believe theyre going to want to examine all the evidence. Theyre gonna be going over all of the jury charges, trying to explain that to the other jurors. Again, i have a lawyer. Im a little longwinded. I like to explain and legally nerd out frequently so i dont think they are the greatest obstacle to the process. Houston, but i dont think theyre necessarily helpful lawyers and television correspondents, right . Like til near it out and maybe talk about it, judge, can visor if the jury listened there there there are a bunch of possibilities as to where they go there. They convict, they could they could equip it. But if they cannot agree on a verdict what then well, it doesnt happen that quickly. So if the jury fairly soon goes back and they send a note to the judge that says, we cant reach a verdict. My first reaction would be you have not yet begun to fight back and do your whole back. And dion, like and i might do that a couple of times and if it seems that they given working hard, are trying and asking questions and asking for read bag and they still cant do it. I would give whats called an allen charge, which is to say theres no jury better than you. I have faith in you. Its not easy. This wasnt meant to be easy. Im glad youre taking the time if you dont reach a verdict weve got to start all over. That doesnt mean anyone elses in a bit at a position than you. I have faith in you keep going. Youll get there. Someone died if there is a guilty verdict of course, this last longer as well. Right . Because its not like theyre going to be sentenced and carry the former president and offer in cuffs at that moment, itll be months, would it not be until a sentencing . During yeah, its not going to be immediate sentencing, but i think it does change the game for the former president. I mean, its one thing to be charged with felonies, so nothing should be Walking Around as a convicted felon. And to the extent that he is hes trying to win the presidency, but hes also going to be thinking about one day judge merchan is going to be deciding, does he go to prison . So as he for this last few months been undercutting the gag order not to bring the judge attacking witnesses. If that kind of desorb disobeying of the law continue after he is convicted. Those are the kind of things just my china is going to be thinking about four possible sentencing here. Hes gonna be thinking about does this defendant need to go into prison . To learn his lesson . Here are these someone whos now learned to respect the law . So i think that is what i would be concerned about if i were the former president that his behavior suggests that a judge will find the prison time here is really necessary, and thats something less. So thats notable. And karen, i wonder if you agree because ive also heard the argument that given that trump has itd be a firsttime, right . First time, a felon here and not exactly a flight risk if a given his public profile, do you find again, this were several steps away from this, right . Weve got to get through arguments and jury deliberations, but would you say that prison time is at least potentially on the table . I mean, lets just level set for a second. If any other defendant was convicted of 34 counts are some number of Class E Felony with three open indictments, federal and state in three separate jurisdictions, and i as the judge had to hold them in contempt, ten times, for violating intentionally and willfully violating my gag order, ten times. During the course of the trial, there is no way any other defendant would not get prison time in this case however, its donald trump and its very different he is treated differently than everybody else, just not in the way he claims. So so i think for him it is it is particularly tricky because he has guarded by the secret service. And obviously judge merchan, i cant do anything until in terms of sentencing to prison, if hes going to be president of the United States there are so many Different Things in play here that is quite a potential outcome to contemplate, but well, its on the table. Thanks so much to everyone so many questions to answer and still to come tonight despite demands for his recusal as well as or for about a second controversial flag flown above a home, he owns. Justice samuel alito remains defiant and not for the first time, as are randy k. Reports just ahead also tonight, a Young American missionary couple killed in a gang attack in haiti. Dated culver, who has recently been in haiti. Hes going to join us a widely filter. Its welldesigned, efficient. I appreciate that leaf filters Technology Keeps debris out of your gutters for good, guaranteed. What more could you ask for . He three, three Lee Filter Today, more visit leaf filter. Com have Heart Failure with unresolved symptoms. It may be time to see the Bigger Picture. Heart failure and seemingly unrelated symptoms like Carpal Tunnel Syndrome Shortness Of Breath and irregular heartbeat could mean something more serious called att rcm. A rare underdiagnosed disease that worsens over time. 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Dont miss out on our fastest speed plans yet switch to Comcast Business and get started for 49. 99 a month. Plus, ask how to get up to an 800 prepaid card. Call today kevin lip ttac at the white house. And this is cnn there is mounting pressure for justice. Samuel alito to recuse himself from the cases related to january 6. And former president trump. But still no comment from Justice Alito about the second of two controversial flags seen flying above a property. His family owned, according to the york times, this flag was flown last summer. At his new jersey beach property, is known as the appeal to heaven flag. Its history dates back to the revolutionary war, but more recently, its become a symbol for supporters of the former president. The times also reported an upside down American Flag was seen at the alito home after the january 6, hi, its alito said it was raised by his wife in response to a clash with their neighbors, both are associated. We should note with the stop the steal movement, which believes falsely that President Biden did not win the 2020 election these, episodes come after a long history of justice. Al