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there had been discussions of having trump speak during closing arguments. >> but judge arthur engoron wrote that trump's team yesterday, saying, quote, not having heard from you by the third extended deadline, i assume that mr. trump will not agree to the reasonable lawful limits i have imposed as precondition to giving a closing statement above and beyond those given by his attorneys and that therefore he will not be speaking in court. the judge argued that limits would have prevented trump from delivering what he called a campaign speech. joining us now cnn's senior legal analyst and former cr district of new york, and former investigative counsel for january 6th select committee. former attorney for the eastern district court. tib die owe, is this rare? like what happened here, the e-mails back and forth, trying to negotiate whether or not he would give a closing statement, the judge giving extended deadlines and saying you've got seven minutes to respond to me, you're not talking. >> it is rare. the rare part is the fact that the judge considered allowing