will be back in the room right now seeing a news night with abby. phillip starts the jury is deciding donald trump's fate and he is invoking mother teresa. >> that's tonight on newsnight good evening. >> i'm abby phillip new york tonight. a jury of 12 men and women are considering whether to make donald trump, the first former president to be convicted of a crime after receiving instructions from the judge today, they deliberated for more than four hours and then they send back to notes. you'll hear what those notes were in just a moment and we'll discuss the significance of each of them. but first, you heard the prosecution and the defense making their closing arguments this week, the jury is deliberating over those right now. but now donald trump is making his own closing argument in the court of public opinion. it won't come as a surprise to you that it needs a hell of a lot of fact-checking i mean, what is very unfair as it i'm not campaigning. >> did this room all day from morning to night. >> in the vitamin, which now there were many days before. and during this trial, and we've outlined them here on this show that trump decided not to hit the campaign trail and instead, he wanted to campaign from the court take a look, at where the people come from it's a vitamin which is weaponization to be clear, this is a local case with zero evidence that biden orchestrated these prosecutions so it seems that there are a lot of witnesses. what 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 but take a look at this. >> and because of the gag order, i want to go down into individual names now, this is an educated guess, but let's assume he's talking about his former cfo, allen weisselberg, who is right now behind bars. >> also, there's keith schiller hello, or his former body man. now the prosecution bears the burden of proof here. the defense didn't call these witnesses either, nor did they call donald trump himself. >> you have a lot of big players, very big players and what he saw the problem or actually would have given us the way we already have the wind we had a fair judge, this case would have been over a long time but a lot of key witnesses, we're not again, the defense his defense lawyers chose not to call the very witnesses that he said, would exonerate him it's not the judge ultimately that made that decision anyway, it's the stone-faced lawyer right there standing right beside him. >> now, here's more from trump earlier it's a disgrace and i mean that mother teresa conducting charges, but we'll see we'll see how we do now. >> it's very unlikely that the st would be involved in paying off porn stars to keep silent about a one night stand. but it's become a trend with trump he likens himself or compares himself to historical figures. there was jesus lincoln, reagan, mandela elvis capone, churchill. and of course, who could forget mona lisa now, as i mentioned earlier, during their deliberations today, the jury they sent two notes back to the judge with some questions. we've got joey jackson here to explain what they were. joey. yes. so abi two big notes. let's talk about what the notes were. note number one, request for four sections of the testimony to be read back. what did that relate to? abby? three things dealing with david pecker, of course, we know ceo of the national enquirer and one dealing with cohen, cohen's important to me because an everyone because of the fact that if you're looking for his testimony, it means a jury did not disregard it. so what specifically what was about the trial transcript number one, abby, the pecker and trump phone call well, when did that happen? june of 2016. what was the nature of that conversation? you remember karen mcdougal, the playboy model, buying the rights so that she could be silenced in a story that was number one. let's look at number two packer saying no deal as it relates to the mcdougal deal, right? saying it's over and you can look at this the transcript for yourself with respect to when he said that is pecker on backing out of it going into and speaking with cohen with respect to what that would look like. >> and so what else we have this whole catch and kill theme now, why is this significant, abby? >> it's significant if you remember the prosecutor's argument, the prosecution really highlighted this, highlighted did what you see it right there. there's august of 2015 meeting where trump tower involving who you see, the people there, what did michael cohen have to say with respect to what happened in that meeting? what did david pecker have to say that happened in the meeting? we know that trump was a part of the meeting. we also know hope hicks hurt her testify she was in and out of the meeting. and so that related to that, what did they do now, juror note number two request to reread the jury instructions relating to how they figure out this case. remember, abby, that the jury is the finder of fact, but they need the law with respect to what to apply it to the instruction tens themselves. some 55 pages, not clear as to whether or not the jurors want specific sections relating to the charges that there'll be deliberating on whether they want the totality of that are along with regard to the jury instructions, read back to them. we'll get more clarity on that tomorrow, but that relates to the notes that we saw today all right. >> joey jackson, standby for us. i'm joined now by anna bauer, court correspondent for lawfare, also with us cnn legal analysts michael moore. he's a former us attorney and criminal defense attorney, or cds. colvin is also with us. this is the moment for the tea leaves, right? the jury's crystal ball. first of all, i want to know but this all means. so what do you see that they come back and they want these very specific sections being red, but they're kind of consistent because they all sort of delve into the david pecker of it all. >> what did your tea leaves tell you about what they might've been looking for? >> well, and i'm glad to be with you this i never put too much stock in jury questions. they're interesting to hear. but if you do go to fall on, then you just need to go buy lottery tickets because you'll have about as much luck. so tried to figure out what they're doing. one thing that i thought was interesting was that they ask these questions about testimony around the same time they asked for the charges that tells me that they're not necessarily early settled one way or another if they already were comfortable in the exact thing they did to find are the piece of testimony they needed or how to treat michael coe or how to treat the corroboration they may not needed the charges. so now we see that they're probably comparing what pecker said versus what cohen said. and as it corroborate because you remember the judge told them you can't go convict based just on what michael cohen said. he's part of this. so i think they're looking for those things. maybe they're trying to discount cohen or they're trying to corroborate them. >> but i think the charge is the fact that they're asking for the charges tells us that there might be they're still trying to figure out exactly how to marry these two things together. >> the conflicts and then the other testimony. yeah. well, that's that would be a huge deal because that is that the crux of the case. you have to marry the two together. what did you see mercedes is a defense attorney looking at those questions that came out, i would feel a little sick to my stomach because i'm thinking to myself, wait, i gave you so you remember todd blanche game ten reasons, to exonerate donald trump none of the teams that those were cast aside and then the focus was was there ever this agreement between these individuals that this pain these payments to stormy daniel's were because of a campaign issue, because of donald trump's campaign. >> and they zeroed in on that, that meeting 2015, about this whole agreement, whether to do the catch and kill that's going to be so critical. that's one of the reasons i'm sure that the defense attorney was feeling a little uncomfortable at some of those reed beds. >> so anna, even in court, all this whole time really, and you were there today when all of this was unfolding. one of the interesting things about how this plays out. there's a buzzer that goes off when they have something to say and you don't know if it's going to be we have a verdict or if it's going to be what it was today. >> so there are some outstanding questions that remain even from the jury's questions will they get the whole jury instructions, re-read to them? >> how are they going to sort some of those things out, right? >> so we will learn more about that tomorrow. we will learn if the jury will have all of those instructions read back to them, they get to tell the judge what they want. that is what justice merchan told them today. he said, you can tell me whatever you come in tomorrow, think about it a little bit, but then we also have this other issue of how much of the testimony that they requested will actually be re-read to them. justice marshall cohen indicated today that it will take about half an hour to reread that testimony because keep in mind, they do have a laptop that has all of the exhibits that were introduced into evidence, things like phone records, text messages, those things, so they can examine that. but if they want to have testimony re-read it up to them, it has to actually be read aloud. so there'll be brought in tomorrow at some point, the parties were working out this afternoon. exactly how much of that testimony to read they were conferring, having a few disagreements i think over and they object to some of the testimony being re-read, even though it's already in evidence, they can definitely. so the lawyers are working out how much of this testimony is going to come in and there's lots of fighting about that. you want contexts, you want it to be fully explained to the jury. otherwise, you're just going to be cherokee. things which are going to be problematic. >> it is interesting that they don't even get access to these so-called transcripts. but you were explaining to me earlier why that is well it takes a court reporter for a certain amount of time to make sure the transcript is accurate and it's fully complete. and so that they need a certified copies. so if you tried to give sort of a real-time coffee or an immediate immediate copy after the trial that can pose a problem because it may in fact have errors in it. you see something that should be a no, that's recorded just in an air. that record is yes. and so it's a problem one of them rely on source a source of more fighting between the lawyers. we saw joey with us because joey the right-wing media saying that in those jury instructions, judge merchan told the jury that they don't need you unanimity to convict on the underlying crime here. is that true or false that would be false and criminal okay. >> so as you need a unanimous verdict and the jury has to make that decision. so let's go back to the video tape, so to speak, in the deliberations, we know we talked about at abbey, there was that 55 page read today, one hour all over that. right. you see the verdict. you can read it for yourself, has to be unanimous. you see what the judge is saying, deliberate. you to do so with a view towards reaching a unanimous verdict. and so by all means, though, all the jurors have to a great, now let's just explain something. there is this law here, right? it is the new york election law. now this new york election law will not read that to you, but it's pretty dense. but there's an explainer as it relates to that abby and as to how this judge and the jury has instruct the jury with respect to make a finding and what is the explainer relating to that? this is the explainer we know about the falsification of business records. what do you need to make that conclusion in accordance with the jury instructions you have to have these records. we know there will ledgers, invoices and checks. they has to be some intention with respect to while suffocation, your job is not done if you're a juror, if you find that, then as we know, it's about concealing some other crime. what does that other crime when you look right here, it relates to a state campaign finance crime. now the jury has to reach the conclusion that you did that engage in that violation for unlawful means. now here's where right-wing media is going left as it relates to explaining that all the jury has to conclude abby, is that there's unlawful means. there's a number of ways for the jury to get there. what are those ways the jury can make that decision by saying that there was a federal campaign finance law violation. the jury can also say was falsification of business records. the jury can also say there was tax fraud as to those issues, as long as they find unlawful means, ball game over, there's a conviction should they not, then of course, there's an acquittal alright. >> joey jackson. thank you very much. and everyone here. thank you very much as well. so how long have other high-profile juries deliberated we'll examine that plus new drama tonight involving a case that we will decide if donald trump has absolute immunity by justice alito is refusing to recuse himself and it's tripping down tripling down on blaming his wife for all of this. and also breaking news in the war, you sides that israel is coming very close to crossing president biden's red line. if they haven't already this is newsnight assignments are going on and the tornado here. i'm thinking, i'm going to die. and i thought that was it fine when earth with liev schreiber, premiere sunday he had nine on cnn are the facts classic first-timers. >> they don't know that nearly half of all us bars have been in an accident, but car fact shows how accidents impact price. so they don't have to overpay on pause accidents, shop, yolngu our backs backs.com brynn, new assignments in my. bag like a bunch of groceries. are these cheese and greece just contemplate freedom. >> you can't take your eyes off the new 2024 jeep wrangler in gladiator sheep, there's only one top off this memorial day with 2000 bonus cash allowance. i'm 2024 jeep wrangler gas-powered models and cheap gladiator stopped by your local dealer for a test drive and experience open-air freedom today at morgan stanley old school hardware meets bold new thinking and 88 years old, we still see the world with a wonder of new eyes helping you discover untapped possibility and relentlessly working with you to make them real old old-school grid, new world ideas. morgan stanley, i was born with wings, but psoriasis swooped into clip them. it crashed my confidence but no longer was psoriasis get a piece of me. >> i can love my skin again with benzoic only been zell ics targets and blocks is 17 plus f to calm inflammation, i can control my plaques and start getting myself back. in. >> zoox helps adults with moderate to severe psoriasis control plaques to deliver clearer skin fat asked for results that last i will give myself back the freedom of shorts standard where black again, from head to toe most people got 100% clear skin saw him after the first dose serious side effects including suicidal thoughts and behavior, infections and lowered ability to fight them some liver problems and inflammatory bowel disease have occurred. >> tell your doctor if these happen or worsen or if you've had a vaccine or plan to start to get yourself back we've themselves asked your dermatologist about them. >> xilinx today shop etsy until june 16 and get up to 30% off father's day gifts that go beyond the classic go-to save on personalized gear and other things. dads do when you want a one-of-a-kind gift has shown. he's number one etsy has it my grandfather's run my other hat are for over 75 years now he's got so many life experiences that you can share. >> finding the exact date blonde ancestry at dad or family business was founded was special to share with my grandfather. when you get that moment every day, do you want to close out? 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