Transcripts For CNNW Anderson 20240702 : vimarsana.com

CNNW Anderson July 2, 2024



trial of a former president began with the judge reading 55 ages of instructions on what to consider as the jurors way, 34 felony charges. now, the day ended with the buzzer, which signals the jury wants to communicate going off once then again, the first time to say they wanted four pieces of testimony read back to them. the second to ask the judge to reread them his instructions unclear so far whether that means the whole thing or selected portions of it. the testimony they want us from david pecker, the former national enquirer publisher and former trump lawyer and fixer, michael cohen. some of it dealing with the arrangement for pecker to act as the campaigns, eyes and ears for potentially damaging stories they'll hear that tomorrow morning. the judge dismissing them, then staying with attorneys for both sides to try to hammer out exactly what will be said. as for the defendant here some of what he said coming and going mother teresa could not be discharges. these charges are rigged. thing is rigged. >> nobody knows what the crime is decisional crime nobody knows what the crime it's the da didn't name the crime crime is that's what the problem. >> isn't true. and we'll talk about that tonight is for the late mother teresa. she was judged by the nobel committee, which awarded her the 1979 peace prize for her service to the orphans leprosy patients and terminally ill of calcutta. with us tonight. and your criminal defense attorney arthur aidala, cnn legal analyst norm eisen, who was in court today along with cnn's kara scannell, also with this johnny jones, the third former chief judge for the us middle district of pennsylvania, is currently president of dickinson college. so care we just learned the sections of pecker and cones testimony that the courts decided to read back? >> yes. so we learned from that what parties that they both agreed to and two of the requests that came from the drain, these questions they wanted david pecker at michael cohen's testimony as it related to the meeting and trump tower, this is the start of a conspiracy according to the government, april 2015, when pecker agreed to the eyes and ears, the meeting where we're trying something cone basically said, what can you do for the campaign? >> what can you do to help the campaign? david pecker says he'd be the eyes and ears. and trump says you'd be in touch with michael cohen about this so the portions of the transcript that we know we're gonna be read back and it's it's more than just this expert with this is part of it. this was from michael cohen's direct examination where he's questioned by the prosecutor peter susan hoffinger. could you tell the jury, please what was discussed and what was agreed to at that meeting, cohen says, what was discussed was the power of the national enquirer in terms of being located at the cash register of so many supermarkets in bodegas that if we can place positive stories about mr. trump, that would be beneficial, that if we could place negative stories about some of the other candidates that would also be beneficial. question, was there anything else that mr. pecker said he could also do for mr. trump's candidacy yeah. what in substance city say cohen says what he said was that he could keep an eye out for anything negative about mr. trump, and that he would be able to help us to know in advance what was coming out and try to stop it from coming out. and who did he say he would get in touch with if he was able to identify those types of stories cohen says the answer was me. mr. trump also, knowing my relationship with david. this is in quotes, he's quoting trump, the two of you should work together and anything negative that comes your way. you let michael know and we'll handle it. now, interesting in this is that the prosecution in their closing said, if you don't believe michael cohen, look at david pecker, so they've also asked for david pecker's testimony on this. and among the portions that they will here tomorrow, this is on cross-examination where aiml beauvais asked pecker, do you remember that you confirm that during the august 2015 meeting that there was no discussion of catch catch and kill, correct? pecker says yes, question. and during the august 2015 meeting, there was no discussion of a financial components any agreement with president trump and michael cohen, correct? pecker says there was a discussion about that. i was going to be the eyes and ears of the campaign. and there was a discussion that i would be notifying michael cohen of any women that were in the process this is going that were in the process are going to be selling stories. i would notify cohen that they would be available and they would either have to buy them or take them off the market, or kill them in some manner. now, another part of testimony, the asked for was about david pecker's phone call with donald trump in on that call, david pecker recounts how he is talking to trump about karen mcdougal, trump as if it's true that a mexican companies willing to pay $8 he also refers to karen mcdougal as a nice girl, and david pecker devices donald trump, you should buy this story. trump says, i don't buy stories but you'll hear from michael cohen. so it kinda gives you a sense the jury is very focused on the facts on at least understanding this first part is just because todd blanche, in his final arguments, he talked about this meeting and said reiterated that pecker didn't talk about catch and kill. well, they didn't use the term catch and kill. >> but what what just said in his testimony was catching and killing stories, right? >> not using that phrase, he would pecker said on the stand he hadn't used that phrase, but they're talking about buying stories, transferring money. so really underscoring that, that is what they were doing norm, what stood out to you? what do you think was the most important stuff that we learned today? >> well the jury instructions were dry, obviously, it was a lot for that jury to grasp over 50 pages of them. they want it's another thing they asked for. they want to hear them again, but the law and there son is very unfavorable to donald trump because the judge has clarified a number of legal issues in ways that really help the prosecution in what ways one of them is that they don't necessarily have to all agree on what the actual crime is. >> correct. and he gave them a menu of options really, these are low hurdles and that's clearly where the jury is focused on the conspiracy. part of the case. the thing that makes this a felony, if they find that a and only one juror has to find this, right? that cohen used documents that had misrepresentations in him when he was setting up the business his consultancy, his bank records. that's enough to create the crime if the tax forms the 10909, instead of described i instead of describing income it was at those sums we're actually reimbursements that both creates the misdemeanor document felony that kicks this case up, or a separate tax offense. and then there's the federal campaign issues that these for requests are focused on because if there was an agreement cohen testified corroborated by pecker to benefit the campaign and money was involved. you read those instructions. that's a contribution. so the judge applied the law, i think fairly applied the law, but the law is very favorite. verbal or the you go, can we use the word uniquely though we'll apply apply the law only because no one ends in that courthouse which has been there. i don't know 100 years like no one has given that charge before judges have paton jury instructions. it's a big three-ring binder and they go through it and they read what reasonable doubt is presumption of innocence, burden of proof credibility of witnesses, and they more they doctrine up a little bit. but this part that norms talking about has never been given before. and the judge really said things that not even the prosecutor laid out. the judge laid out the prosecutors case and the charge better than the prosecutor did in five hours and that spells do for donald trump, judge, what do you think? >> well, first of all, i learned today that new york doesn't send their jury instructions out which is archaic. >> it's ridiculous. the jurors don't have a copy of the jury instructions leaving ridiculous in the federal system where i toiled we sent the instructions out, it's madness i mean, even with two lawyers in the jury, how you could possibly retain that. and i think what they want tomorrow are you probably agree with this is the substantive law. the law the case. they don't need reasonable doubt. they don't need all the rest of it. >> but two, arthur's point. >> and i'm not the judge protective society because i was one. but the fact that matter is that he had to fashion a charge a little bit out of whole cloth. there's no pattern or the, you know, i mean, there's no pattern instruction for this out a little bit of total i don't hold right? right exactly at this for the first time ever. well, but you know, he's adjudicating the case. he had to make a charge out of something and he didn't go to that three-ring binder and find the charge. so the defense. >> it's not the figures that makes it easy or jurors don't have to all the gory. okay. this is the crime. two different jurors can see it differently, but believe a crime was committed, but just see the bar is lower and the one thing that struck me today additional thing that struck me was if you look at the statement of facts that accompanies the indictment, the very first factual sort of piece that's in that statement of facts is that 2015 meeting among trump and cohen and pecker? that means two indicates to me that the jury is going back and from the timeline and they're looking to see did trump set something in motion at that meeting that he's responsible for and they're looking for independent testimony, rubber corroborating that was the theme. corroborating. still there's the pecker trump phone call in which the conspiracy that prosecutors allege was laid out at trump tower is implemented with karen mcdougal and it's a direct conversation with donald trump. so it was not a great moment for the defense when those particular four questions came back, they also they did not take the model. there were two competing models when we talked yesterday, todd blanche said, here's all your off-ramps that defense lawyer start with the documents were not false. trump didn't have intent on the documents, just get to the conspiracy as a last resort the prosecutor, josh steinglass, said, no go on a logically, that's what they're doing. and corroboration that was his magic. well, the one thing ends real quick is that what's so odd about this case and why it's always rubbed me the wrong way is i went back and looked at the press conference that alvin bragg had when the indictment was announced and the judge can tell you that a prosecutor in those press conferences lays out the crime, and in that particular press conference, it just said trump committed the crime of false find documents to commit another crime and he's asked several times by report is to commit what other crimes that he says the law does not necessarily it's not necessarily under the law for me to tell you and now we're really finding out what it is in the judge's charge with this judge will tell you is unheard of that you find out at the end of the case and the judge is charged through what the actual crime is, correct yeah, that's correct. from the standpoint of what's given to the jury you can't say that defense counsel didn't know what the crimes were at the beginning of this case, arthur, they knew they knew very well what the predicate and requested a bill of editing get one day got an answer to the bill of particulars and it lays out 17152, this election conspiracy. >> i want to thank everybody. we're going to continue this argument. we're going i'm take a look at more on preparations for the verdict already well underway for that. let's turn toossi an instrument prokupecz on lower manhattan. so talking about security preparations so anderson were outside the courthouse here in lower manhattan. so the barriers have been out here. this is actually the street where donald trump, this is where he goes in every morning through the side door here into the courthouse and you could see here we're going to turn around here and many of the barriers are out here already. this barrier here in the middle of the street was just i did today in anticipation of the verdict. >> this is where reporters generally assemble. >> this is where all the live shots are done. the one of the biggest concerns here just what goes on opposite here in this park. this is where the protesters will gather, where supporters of the former president and then also the people who are against them one of the things that's going to be happening here once the nypd wants, the city gets word that there is a verdict. we expected them to surge more officers into the location. they're trying to do this quickly as far as we know, but things sometimes take a little time because their concern is the longer once there is a verdict and the longer it. takes to announce that verdict, more attention could be brought to this location and more people will gather. and so they're trying to avoid that. so once there is a verdict they're hoping to be able to get it out and get it read quickly. but right now, the security here certainly is much different than what we see during the day. there was a lot of barriers and there's certainly a number of officers out here. the secret service is protecting the former president. there's also concerned for the jurors as they leave once the verdict is it's render that is the court security. those are the court officers. they provide security to the jurors until the court staff and then the nypd will be managing all the security out here. anderson all right. shimon prokupecz. thanks to understand what jurors are going through and the trump trial we're going to talk with the juror in another high-profile new york case. we'll learn firsthand how hard it can be in that jury room to reach a verdict? and later, supreme court justice samuel alito, he just sent congress members a letter explaining why a flag the january 6 attackers flu also flew above his house, making clear he has no plans to recuse himself from ruling in the former president january 6 case. reaction tonight from congresswoman pramila jayapal, who wants him to do just that ahead on three 60 the russians were trying to spy on us. we were spying on them i'm sorry, frank this is a bit secret. >> was secrets and spies, a nuclear game premieres sunday at ten on cnn. >> welcome to the waiver hood with wave. finding your style is fine. >> when the music stops, grabbing it, doesn't matter. i'll go i'm sorry, carl, this is me and chair form i don't see you. just perfect for you, but you love it. i told you we should have done opinion nauta i explained how many dei they're not sending you need to sit. >> down every style every home. right now, pet dander skin cells, mold spores, pollen, and dirt are being sucked into your air ducts, get cleaner air in system efficiency. now, with stanley steamer, your air done i'm sorry, clean until they're stanley steamer clean his name did you know sling has your favorite news programs for just $40 a month my favorite news, but just $40 a month my favorite for just $40 a news for $40 a month? 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>> well, i would just want to be very clear all of this is reading tea leaves here. and the first people who will tell you they don't know anything are donald trump's team? they're just hoping for a hung jury right now. but what we do know and have learned tonight is that we saw donald trump bring in a series of donors out but as lawmakers and while they were in the courtroom, a lot of them were observing the jury and then relaying their observations back to donald trump's team. and they weren't all negative. some of these various lawmakers, particularly some of the high-profile lawmakers, said they saw one or two of the jurors, acknowledged them, make icon contact at one point, someone said they were giving off positive vibes but could not exactly define what that meant. but they also said that they watched one of the ajer's not along with todd blanche at one point making faces while michael cohen was talking, giving his defense, or at least answering questions it's from blanche during cross-examinatio n. now, all of this is not to say that they believe that this leads to a hung jury. it means that they are holding out hope that some of these people who are more receptive to donald trump or the people donald trump was bringing into the courtroom might help them get a hung jury, which really is the ultimate goal here. just a reminder, none of them believe that he's getting acquainted at the end of this, it's either a conviction or a hung jury at this point. >> allen, you

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