Joining us, msnbcs Yasmin Vossoughian outside the courthouse. Temidayo agangawilliams, a former prosecuor and Defense Attorney caroline pull lisi. Yasmin, Jury Instrekss under way right now. Whats going on . Jury instructions under way ahead of Opening Statements, jose and ana. 45 minutes for the prosecution, 25 minutes for the defense. Theyre doing that because theres going to be a lot of details, much of a timeline, a lot of dates and they dont want to overwhelm the jury in the Opening Statements process. Judgments made from the bench that i want to talk about with you quickly, first, when it comes to the evidence if, in fact, the former president decides to testify, judge juan merchan is allowing six various cases to be decided if donald trump it was. Talking about the trump payroll judgment, the trump civil fraud gag orders as well along with e. Jean carol assault case and the defamation case. A couple more things happening in court this morning. The former president spoke about how challenging it is to campaign. He said he should be in a lot of other places that are not here. Take a listen to what he says. Im here and i wont be able to be in pennsylvania and georgia and lots of other places campaigning. Its very unfair juror number nine returned to court today, worried about media attention. They went into private quarters with the judge along with attorneys from both sides. They had a conversation. They came out. Juror number nine is remaining intact. We saw that court was going to go into recess at 2 00 p. M. Instead of 12 30 now because of a dental emergency for one of the jurors. It was going to be from 2 00 p. M. Because of passover. 2 00 p. M. Recess tomorrow as well. 12 30 today. Let me lay out what Opening Statements will look like. The prosecution will paint a story about the final days leading up to the november election, the desperation from the former president to win the election, the release of the access Hollywood Tape. They cannot submit the tape itself or play the tape for the jury, but they can submit the transcript as evidence. Theyre going to talk about david pecker approaching Michael Cohen talking about how Stormy Daniels is going to come forward with this story, having had sex with donald trump in 2006, which the former president denies, how they paid her 130,000. Theyll talk about koog and the catch and kill. And the defense, talking about how Michael Cohen and Stormy Daniels have an axe to grind and how donald trump paid his attorney, thats all he did. Thats what were looking to today, guys, as a very big day in this nations history. Yasmin, you did a great Job Laying Everything out as far as looking ahead to the Opening Statements. Stand by with us as we bring in our legal analysts. Maya, what did you make of the list of the scope that the prosecution could hit with donald trump if he were to take the stand, everything from the Civil Fraud Trial outcome to the e. Jean carroll cases to the Gag Order Viegss that have been found in the case of the Civil Fraud Trial. Does all of this sound fair game . What does that tell you about how when the judge is viewing this as well as the decision the defense will have to make . Its certainly fair game if donald trump chooses to take the Witness Stand that we would expect him to say if he were to take the stand like, you know, i just didnt want my wife to know or i didnt do it, i dont have affairs, whatever opens the door, as we say, to the ability of the prosecution to come in and bring the evidence that shows, well, actually you have a pattern of behavior, and actually here is what supports our case. This is exactly why so many of us have said very hard to imagine a scenario it can happen. But very hard to imagine a scenario where anybody on Donald Trumps legal team wants him on that Witness Stand. Theres just too much to attack him with including a whole bunch of things hes said inconsistently over the years. Caroline, is that unusual for folks that dont have the experience that you all do, for example, on what a trial normally looks like is it unusual for the judge to say, if the defendant chooses to take the stand, these are six issues that can be brought up, that wont be brought up if he doesnt take the stand . No, thats exactly why we have the sandoval hearing, to make sure the defendant is properly informed to make that decision, to make the costbenefit an analysis . The hearing was there to inform the former president that if he does choose to take the stand, there are certain issues that he could be questioned on, perhaps that he might not know that he would be questioned on because you might think theyre not pertinent or have anything to do with this case. We sometimes call it other bad acts, evidence typically in evidence, that those types of things are not allowed to be asked. This is so the defendant can make an informed decision. Typically, jose, you do not see defendants taking the stand. Remember, the defense has zero burden in this case. Were talking a lot about the defendants witness list. It could be zero. They could not even give an Opening Statement. They could never stand up or put anybody on the stand, anything at all. Its the prosecution that has the burden of proving Beyond A Reasonable Doubt and theres absolutely no burden on the defense. Temidayo, Jury Instructions expected to take about 30 minutes. Any surprises so far based on this sandoval outcome and anything else yasmin reported from the court this morning . No surprises. Its consistent. Judge merchan is going to judge this case in a conservative manner. I think the prosecution asked for 13 bad acts, theyre getting six. Sometimes it actually can help the prosecution. Prosecutors might have the instinct to go more aggressive. You want to crush that defendant. Weve all been there. The judge sometimes can limit your case but it strengthens you on appeal. You go too aggressive, an Appellate Court might say you undermined the defendants rights here. I thif its a good decision for the prosecution even though they didnt get everything they wanted. Yasmin, theres more on the judges instructions . Reporter there is. Let me give you some direct quotes so i can take you inside the courtroom, getting these instructions from judge juan merchan, walking the jury through this process. This is the first time for many jurors sitting inside this jury, and also, of course, the gravity of this case, what its going to mean for this country, history making as weve been calls it all morning lon. Merchan saying, what i say is not evidence. You must decide this case on the evidence. What the lawyers say at any time is not evidence. The defendant is presumed to be innocent. Defendant is not required to prove that he is not guilty. One more thing, and this speaks to what you guys were just discussing there. The burden of proof never shifts from the people to the defendant. If they satisfy the burden of proof, you must find him guilty. The law does not require to prove the case beyond all possible doubt. The proof must be beyond reasonable doubt. Unbelievable to think what the jury in this courtroom, guys, is going to hear over the next four to six weeks. Were getting word we dont have confirmation in our own reporting on this, but the New York Times reporting that david pecker is going to be the first witness to take the stand after Opening Statements. The timing of that we dont know considering its going to be a short day. David pecker, as you well know, stood over the head of ami for over twoplus decades. He had a meeting with Michael Cohen back in 2016 talking about the possibility of Stormy Daniels coming forward. He then visited the white house in 2017 as well. He had a longstanding relationship with the former president. So certainly his testimony is going to be integral to the prosecutions case, guys. Keep us posted, yasmin. I want to bring in Chuck Rosenberg, former u. S. Attorney and senior fbi official. Chuck, im looking at the Jury Instructions. One of the things that judge Merchan Insfrukted the jury this morning is what the lawyers say at any time is not evidence. Were about to hear from the lawyers this morning in their Opening Statements. Both sides had the weekend to prepare. Whats the goal of Opening Statements . The Opening Statement and its not an argument, ana. Its a statement. Arguments are prohibited during opening is really roadmap from a prosecutors perspective. He or she will be telling the jury what documents might be admitted, what particular witnesses might say. Its a promise to the jury of what theyre about to see. If you were going to a movie, you might watch a trailer. The trailer would tell you whats in the movie. In this case the Opening Statement is the trailer for the trial. It tells you what youre going to see and hear. From a Defense Attorneys perspective, they can do a couple of things. Caroline made the point earlier that the Defense Attorneys dont have to do anything. They dont even have to offer an Opening Statement. Shes 100 right. But if they choose to provide an Opening Statement, they typically do one of two things. Either they ask the jury to keep an open mind and point out how high the burden is to prove the case Beyond A Reasonable Doubt. Or if they choose and plan to put on a case, they can begin to foreshadow that now. They can talk about some of the things they will adduce or some of the witnesses they might call. A little more risk in that strategy for a Defense Attorney. That dont have to do anything. The burden never shifts to the defense. Prosecutors better produce. Good Defense Attorneys like Caroline Know if a prosecutor promises x and they fail to produce x at trial, theyre going to hear about it from caroline in closing. Remember when the prosecutor told you you were going to hear about this particular event or hear from this particular witness . Well, you didnt. They failed. They didnt meet their burden. So prosecutors will be careful. Theyll be conservative. Theyll be chronological and theyll tell the jury in no Uncertain Terms what it is they hope to produce in the coming trial. Maya, so many times, to use chucks analogy, Movie Trailers are better than the movie. Its important in this specific case that trailer reflects what the movie is as close as possible. How important for the jury are these First Impressions . Theyre critical. Theyre critical in two ways. One, just like a movie trailer, it really is telling the jury what prosecutors want the jury to pay particular attention to. Like anything, repetition, repetition, repetition. It means when they go back into that jury room to deliberate, they have heard multiple times the narrative and the facts that support, or prosecutors are going to say is the intent necessary to unlawfully influence the 2016 election. Thats the brass ring here. The Business Records are important, but the brass ring on the Felony Conviction is that intent. But theres the other thing which is the likability and believability of the prosecutors themselves. The rapport when youve got regular folks sitting in that box, sitting there not as lawyers, not as experts, not as folks with an axe to grind, part of what theyre assessing is how much do i trust this lawyer . How much do i believe they have integrity . Thats why prosecutors will also in their Opening Statements say, im going to tell you about the witnesses. Im going to tell you about the weaknesses in their own case. In their own case because you want to blunt the edge. Quickly, caroline, weve talked about how the defense doesnt have to give an Opening Statement. It sounds like, based on what our understanding is, there will be an Opening Statement in this case, but are there risks to giving an Opening Statement if you are the defense . Are you showing your cards . Not in this case. I expect here the theme we will see, the prosecution is always going to want to boil things down, make it really simple, as maya said, focus on that brass ring. Psychology is everywhere in a trial. The defense, complexity, confusion always works for their advantage. I suspect they will say, listen to the evidence carefully. Does all of this make sense to you . Theyre going to harp on the law, harp on the specific elements, say it doesnt add up. Confused juries always works for the defenses aid. Our Special Coverage on msnbc continues with a look at the lawyers next. Who is representing the former president in this firstofitskind Criminal Trial . What are the challenges for the prosecution . Well talk to someone who has taken on trump in a court of law. The political fallout as the 2024 race heats up. More Special Coverage of the former president s first Criminal Trial after a short break on msnbc. Rt break on msnbc Type 2 Diabetes . Discover the ozempic® trizone. I got the power of 3. I lowered my a1c, cv risk, and lost some weight. In studies, the majority of people reached an a1c under 7 and maintained it. Im under 7. Ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. Im lowering my risk. Adults lost up to 14 pounds. I lost some weight. Ozempic® isnt for people with type 1 diabetes. Dont share needles or pens, or reuse needles. Dont take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple Endocrine Neoplasia Syndrome type 2, or if allergic to it. Stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. Serious side effects may include pancreatitis. Gallbladder problems may occur. Tell your provider about Vision Problems or changes. Taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. Side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. Living with Type 2 Diabetes . Ask about the power of 3 with ozempic®. Welcome back. Right now the judge is giving Jury Instructions in Donald Trumps hush money trial. Just a few feet away sits trumps defense, led by former prosecutor who worked with d. A. Alvin bragg in the past. Joining us now, former new york assistant attorney general Tristan Snell who led the states investigation into trump university. Good to see you. Todd blanche will give the opening for the defense, a former federal prosecutor, white collar Defense Lawyer. New york times notes this will be only his second Criminal Trial as a Defense Lawyer. How do you see trumps legal team. The key with trumps legal team is theyre really there to come up with as many distractions and diversions as humanly possible. I think thats the biggest thing well see from them. As folks were saying a moment ago, the prosecutions job is to keep things simple. The defenses job is to try to make them seem as koven confusing as possible. The defense needs to make sure they have at least one juror who cant quite get themselves to think that trump is guilty. Blanche also previously worked with alvin bragg, the District Attorney in this case. Tristan, does that give him any kind of edge . It would defend on what the extent of that Work Experience is. People may work on the same matter and barely know each other. Unless we get more details about exactly what they did, if you were going to tell me they were the only two lawyers working a trial together, then that would tell me something, that they might know each others strengths and weaknesses. These legal cases can be massive and you can literally be working on a matter and not know who the person is. The times also notes just a year ago blanche was a democrat, working in a lucrative wall street job. Now hes basically moved himself and his family to florida to become a trump lawyer in three of his four criminal cases. Why do you think he made such a drastic change . You know, people can see Career Opportunities in very strange ways. The problem with working for donald trump is its ki