the news continues. see you tomorrow. the source of kaitlan collins starts now so during the source tonight, notes on a scandal, the four questions coming from the jury room or well, new yorkers are deliberating the fate of the former president or sharpest legal minds will help us dig into our first clues about what's the jury may be thinking and after weeks so testimony about sucks lies, and an audio tape. >> what happens next is out of donald trump's control for the first time in his life. and the strain is showing will tell you how also justice denied samuel alito is slamming the door and those calls for his recusal from the january 6 related cases before the high court his extraordinary letter to congress i'm kaitlin collins, and this is the source as we are now 45 days into the trial of the 45th president, donald trump, weights. he's going to now wait as a jury of seven men and five women deliberate over whether he is guilty or not. >> to be a fly on the wall and that jury room, as those 12 jurors are in there making that crucial decision. >> one that has never been made in our country before. the first day of deliberations lasted for more than 4.5 hours today. and we got our first hint about where their heads may be i say may because of course, we are not in that room. we don't know. but what we do know is that a buzzer inside the courtroom alerted everyone that the jury was sending not one, but two notes to the judge the first asking to be able to reread testimony from two key witnesses, david pecker, a tabloid king, and michael cohen some of it involving a critical meeting at the heart of this hush money case. >> the other question was to rehear the judge's instructions to the jury, and that too could be quite critical to the outcome of this. >> what those 12 jurors ultimately decide here more on all of that in a moment, but before we get into that, you just have to take a step. back for a moment and think about what this day was like. the ones and potentially future most powerful world leader on the planet was forced to sit and wait and dingy manhattan courtroom for eight hours today is 12 of his peers started those deliberations donald trump is required to be at the courthouse as long as they are doing so he's not allowed to leave in case a note, as we noted earlier, or even a potential verdict comes down. all of this as we could hear from trump as he left the courthouse today, clearly has a magic stated there are a lot of witnesses while the people that they could have called that they didn't call now they didn't call them, obviously because they would've been very bad witnesses very big players that would have saw the problem or actually would have given us the way nobody here's what the crime is. crime a reminder that trump himself, of course, could have testified in his own defense in this case, which he chose not to force at a certainly his right. >> his attorneys, though, also had the right to call whatever witness they wanted. if they wanted to trump appears to be bracing though for his supporters, and bracing them for a worst-case scenario when the jury is done deliberating perhaps his most memorable line of the day was when he declared that even mother teresa herself cannot be the charges he is facing my legal sources tonight or criminal defense attorney and former manhattan assistant district attorney, jeremy saland. cnn legal analyst and criminal defense attorney joey jackson, and the retired federal judge, shira scheindlin and judge, it's great to have you and i want to start with you because we obviously don't know. we're not actually in that jury room, unfortunately, as much as i would like to be able to listen to what they're deliberating but the sense that we got from these notes today, i heard some legal experts saying that it was a bad note for the defense because what they were asking for was to be re-read the testimony of david pecker, the first witness this tabloid king. >> and he was the first witness. >> but in those closing arguments last night, joshua steinglass, the prosecutor, told the jury but you got to use your common sense here. consider the utterly testimony of david pecker, and now they seem to want to consider that a little bit more. >> pepper was the first witness that was weeks ago and they may want their recollection refreshed. my guesses that some people in that jury are already convinced and other said convinced me and they said will convince you. let's hear what pecker said because he said something quite for trump. i think in the dynamics of their conversations with each other, one group challenge or the other and said, let's, let's do it. let's hear pecker. >> yeah, we'll just a reminder one, because the testimony was so long ago. david pecker was friends with donald trump for decades. joey in one of his testimonies that we know is going to be re-read to the court tomorrow because we got to here as they were deliberating, what was the jury was asking about one of those quotes is where david pecker said there was a discussion about that, how i was going to be the eyes and ears of the campaign. there was a discussion that i would be notifying michael cohen of any women that were in the process as or going to be selling their stories? i would notify cohen that they would be available and that they would either have to buy them or take them off the market and kill them in some manner. i mean, what do you make of the fact that the jury wants to hear that again, i made quite a bit of it. >> i really do why? because remember the theme and the theory of prosecutors. this is about it a conspiracy and a cover-up. now, conspiracy is not charged, but it would imply two or more people are engaged in illegality. what is the illegality here? the falsification of the business records for a specific intent right. to violate some other law so if you're going to conspire, you go to the beginning. what did that look like? who was in the room? whom at the time? what are you talking about? what were the relevant things you were attempting to do? what was the end game? what were the participants like? what are you planning on? and so to me that really brings them back there as it relates to pecker. and it also means to me caitlin at they're crediting or at least one or more are crediting what pecker had to say if you want to hear from something when again, it means that you were impressed enough to want to know what they had to say. additionally, i would say one of the instructions as we know is that you can disregard in totality a person's testimony or take such portion that you believe to be believable and disregard the rest. who else did they look to hear from cohen? and so that means to me that they're not get ready to disregard him at all, but ready to hear what he has to say relative to a critical issue i'll first off by saying i agree with the judge and you should always agree with the judge. >> so i'm an absolute agreement and there are maybe there may very well be be a few people who are on that fence or disagree. and once you have where the conspiracy was born from and where it was its birth, which is in that first meeting in august of 2015, with pecker, with trump and cohen and then you take that next step because there's that phone call with involving mcdougal. i don't buy stories, but talk to my guy michael cohen. it really corroborates everything and part of the argument from the prosecution is you don't have to like or trust are really care much about michael cohen as a whole. but in this moment in time, he was honest. he may be discredited, not a very credible person, and someone you may not even like. but in this moment we know he was truthful. why because pecker well, the other reason that pecker's so important, as he says, the intent of all this was about the election. >> and that's critical because as it's an it's an election fraud crime, right? underlying so it's important that the reason they want to suppress those stories as to affect the election, not to protect the family. yes, that's a great point, judge, because no one and we don't know yet this is the first time they've sent a note back. we don't know if they'll send more nodes backward, just these two. and we'll get to what this second one wasn't a moment, but this note was not about falsifying business records are asking a question about the instructions necessarily on on the checks are the invoices. it was about the conspiracy to influence the 2016 election. that's what people think it's bad for the defense don't let's see. >> i think it's absolutely bad for the defense. i don't know how you read it to the contrary. now, if you read it to the contrary, that maybe there's are juror who just can't be convinced you're way too early for that. you really in the birthing of this case. they're bringing that out for the same reason. we just all said this is what happened. this cooperates the theory of the prosecution. >> i'm willing to be a little more skeptical than you and maybe more than one juror can't be convinced. it may be that in my experience, jurors often took a straw poll as soon as i gotten the jury room, and that gave them the early reading. and if it's a split like seven, five, or whatever, they know, i have work to do. and so they figure out how does a majority convinced the minority, and they think that through, and here's the way you got to hear what pecker said. you got to compare it to what cohen said. if they agree, he's corroborated after all, he is only an accomplice. he needs corroboration. the documents do the trick, but the witnesses due to where they you see it as a sign of disagreement among the attentionally, i we are all reading tea leaves and i don't take it as a major disagreement is just the beginning. maybe some people said, you know, it's got to be beyond a reasonable doubt and i'm not there yet. that's what i might say if i was a juror without question, judge, but i think it goes back to what initially was the plan. and remember what the other theory we have the prosecution was stormy daniels is the motivation why? because on the heels of access, hollywood and the rocking of the campaign, we don't need another story like this and it gets us back to what the initial agreement is. how are we going to catch it, kill it, and what are we going to do about it? who's going to be riskiest the color of bimbo and eruption. we don't needed other bimbo or rupture right and how that language is clearly changed as shifted on job of establishing that she made it clear that when that access hollywood tape hit the fair, the fear and concern for female voters how that would impact the election. so all this collectively, and it starts, i think with david pecker importantly they're also asking for the instructions to be re-read. >> it's not clear if it's the full instructions, but the jury made clear, which i know, you abstract feelings that they don't get a copy. i wonder about that in federal court where i sat for so many years, we always send that written charge into the jury room, not one copy, but 12. every single juror had it it was their road map to how to deliberate. they went through it and it was the only way to go and i'm just so surprised at new york state doesn't allow that, judge, before we go, i don't have to ask about this other claim that trump is making because it's picking up steam, you can always tell when something's out to kinda just bust out there he's saying falsely that the judges not requiring there to be a unanimous decision on each of the county posted this earlier if no, no, no. >> i'm sorry to correct you. there has to be unanimous decision on every count. what doesn't right. to be trump is saying, i'm sorry. this is, this is why i wanted to ask you this because trump is claiming that there doesn't have to be unanimous decision on each of the charge. it's in the charge. i read the entire charts. is a wrinkle to oh, of course, i know that the underlying the one that had the other crime that you intend to commit or conceal that according to the judge, doesn't have to be unanimous, but i'll say that there may be an appellate issue there. >> yeah. well, trump has made clear that would be their alternative if he is convicted here. judge finland joy joey jackson, jeremy saland. great to have you all here. and of course this is the one question that everyone certainly me, is asking what on earth is it like inside that jury room? my next source was a juror in other high-profile trial involving politician will ask them plus trump's former national security adviser on his predictions. as trump is bracing for a verdict check we hear nothing but space shuttle accidents, usually not one thing. it's a series is that part of the wing coming apart space shuttle columbia, the final flight. now, streaming on max welcome to the waiver hood with wave they're finding your style is fine the 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on a high-profile jury of this case, going into that room, you sat through weeks of testimony if similar to what this jury has done, what's it like once you actually got into the room with your fellow jurors hi. >> yeah. thanks for having me so the trial will go to trial was about two months long, so it was rather lengthy trial. and by the time we got to the deliberations that took about ten days of combing back through all of the evidence, all the paperwork re listening to about eight hours of audio recordings. and it was right, was pretty intense, but we had a really great group that ran really smoothly. we came to a consensus on most of the accounts pretty quickly. there was a few that we were a little hung on, but we took votes, we collaborated, we worked together really well i think everything went really well within the jury box. >> you just heard judge finland maybe haven't heard choose here in the first group, and she said that often groups would take straw polls when they gotten the room. it was that something that you all did? good? >> yeah. we would do actual votes that were anonymous and just deciding on some of the few counts that we were unsure of. i think there was one, hong cao, i believe and there was a couple of not guilty ones and those were some of the ones that took us a little longer. but we did try to come to consensus as fairly as possible as quickly as possible. and i think it just all worked out really well and hopefully, the jury on the trump trial is working just as well as the one i'm going to just trial. did yeah. >> he was ultimately found guilty on seven 17 of those 20 charges. i mean, what was it like getting everyone to the same page on those 17 counts well i think for us, especially me, i went in there very unbiased. >> i really wanted to hear all the evidence laid out and evaluated as much as we could. i took copious amount of notes. i had two notebooks full of notes, and many of the other jurors did the same kind of thing. so when we went into deliberations, i do really believe if that we were very organized, we were ready to look over that information and to be quite honest for the big-wave, it's trial. there was such an overwhelming amount of evidence for a guilty verdict for many of these counts that it really was just a matter of coalmine back through the information and confirming what we heard during the trial. >> did you have an idea? yeah. going into that jury room after listening to those two months of testimony and seeing the evidence of which way you would ultimately vote yes. i do believe as far as i'm concerned, and i believe a lot of the other jurors did really feel like a lot of the counts we're going to be guilty verdicts we did need to clarify some of the information behind the counts. >> we didn't fully understand some of the things that they were being charged so let me to get good explanations of that and found the evidence supporting our decisions for each of those counts. and we went through them one by one.