Tomorrow. You dont have to be a news junkie to know what is driveing the trial of Defendant Trump. They have made headway with the jury in this case. The reason, we saw this in court yesterday, is receipts. This trial which is about many different issues and questions about witness credibility and political intrigue and all kinds of stuff, is currently working against trump as a defendant because there are just so many receipts. The receipts include the onslaught of emails and secret text and ndas and as i mentioned last night, i was inside the courtroom yesterday in one of the rare coveted Reporter Seats and i can tell you we saw along with the jury actual literal receipts. The legal kind. Written contracts of this whole sordid scene. The allegations he and allies directly tried to hide. In that campaign year. It is a pile of paperwork that is essentially burying Defendant Trumps main defenses. Now remember, in the first week, trumps lawyers detailed these certain trump defenses. They were basically factual denials. And im reminding you what they said. It is very simple. The first two are these types of factual denials thating in happened. He didnt do it. Or if anything happened, his lawyer cohen did it. Well these receipts are shredding that kind of denial. And that helps the das case. We will get through this trial of a former president. And we will learn things as we go. So what we heard a month back about how it was going to go was a kind of projection based on some evidence. But now we are actually seeing how it works and some of it is just interesting though the innocent is still presumed innocent. But i can tell you legally the Da Is Making Headway with that jury that i watched yesterday. They are doing something strategic. I will tell you what it is. They are helping the jury see the facts, the core facts that trump had this history. That he made these sort of purchases of silence. And did it for a campaign related reasons. They are making a jury see those kinds of facts as arguably proven as true. Before they hear from the star witnesses that we are told are so important. Big names that even if you dont follow politics, most people now have heard. Why, why would you put your star that late . If they feel like an afterthought, then, the da has a strategy to basically show jurors we already prove this right . We see them admit the same thing. Saw the receipt for it. And that trump paid for it. So their argument in Plain English to the jury is it doesnt even matter if trumps Defense Lawyer attacks some of those witnesses. It doesnt matter because you already knew what happened. It doesnt matter to the court case which the reseats already confirmed. Is what the da argues. And the jury is seeing that paper trail. So im explaining to you why this matters and i will show you this into the weeds. Like a 2017 email from a white house aide asking for specific labels for the checks he signed for cohen. The funds all point to the same thing. Donald trump paid cohen back for an inflated amount for the secret deals. Thats the money part. As for criminal intent, prosecutors want to prove trumps driving motivation was this off the Book Campaign crime. They are trying to prove that before cohen take it is stands so if Michael Cohen says it was clear to him it was a Campaign Crime and that is what he pled guilty to and the Trump Lawyers say but who believes this guy . Heres the reason you shouldnt. The jury will be told through the receipts and everything else, you dont need cohen for this. Remember, everything we showed you in the beginning of the trial, and like other things in life, a lot of people feel like what they get first is more important. On the campaign part, trump and clinton clinched their partys nominations in june. Campaign politics stretch from june all the way through october 16 when the, excuse me, october 7. Year 16. When the access Hollywood Tape came out. That is when the jury saw that this lawyer, of the women, texted the enquirer editor. Trump is fed. The enquirer responds, its over people. Thats was the mind state of the very people doing these secret deals. It was in that month the prosecutors responded. My guys in five states today, three or four or five different states. There is nothing i can do. Im doing everything i can. With some expletives as well. The point is think about it. There is nothing cohen could do because he needed Donald Trumps personal sign off. If he was flying through the states in the air and on the stage, he couldnt get to him. If he couldnt get to him, he couldnt sign off. That undercuts what trumps Defense Lawyers will tell you. The text shows at the time in secret, cohens story checks out. What they will tell the jury here is, and again im not quoting this part yet. This is what you would get in a closing argument. What they are basically building up to tell the jury is you dont have to believe anything cohen said this year. You just have to believe the text. Because thats what they said then. Because they are real. And this is a court. This is what is admissible. Defense lawyers are not allowed to do fake news on the campaign trail. They are not allowed to say that kind of thing because that would be perjury to the jury. The court was dark today as it is wednesday. He is back in court tomorrow. There will be another gag order hearing with new allegations alleged. This will have higher stakes after the judge warned jail time is the possible penalty. He said that in the bench and in his written order. They wont tolerate willful violations. If necessary, they will impose an incarceratory punishment. Incarceration. Jail. The judge is holding the line while avoiding Defendant Trumps efforts to try to lean it and avoid the big clash of a circus. The judge delayed dealing with the gag order longer than he had to because he said lets show everybody this thing is on. Show the defendant this thing is on. You are not capsizing and delaying this. Trumps allies are trying to take this 9,000 fine and turn it into the greatest injustice of the year or decade. They are presenting what is legally a fairly measured response from the judge as something more. Now remember, other defendants have been jailed before trial for smaller violations of a gag order than what we have seen here which included lying about the judges daughter and going after witnesses. So this was legally a measured response. You could walk around the street and say trump is getting away with it again. They will say i shouldnt fight him at all. What does 9,000 mean. As a factual matter, this was a measured response from the judge. Any lawyer, anyone with Court Trial History will tell you that. But they are treating it as a kind of out of control judicial threat. One. The 9,000 fine. Contempt. I predict there will never be a bigger fund raising moment for donald trump than this one. They are threatening to throw the republican nominee for president in jail for talking, harris. For talking during an election. Now im not a lawyer. Just play one on tv. But, according to the gag, you could have the Loch Ness Monster as a juror and trump couldnt say the Loch Ness Monster is real. Helps you understand it right . Factually, that would be what you just heard a misleading rendition of this gag order. But beyond conservative media, it is worth noticing how the trial news keeps breaking news. We are seeing it in newspapers, local coverage. We are seeing it as the big deal that it is. It is unprecedented. I dont say that to mean that it is automatically bad for donald trump. If everyone knows he is on trial in new york city, and he skates with a hung jury, it may play as some kind of comeback. But im telling you what the fox folks are spinning that somehow there is an out of control judge throwing a little Loch Ness Monster reference in for good measure. That is not how it is playing in the rest of the country and there are punch lines about the gag order loss. I know. 9,000 may not seem like a lot to a successful businessman. But what about to trump . Dont let the judge tell you what to do. Be a man. The judge held trump in contempt and fined him 9,000 for violating his gag order nine times. Trump was like but i get the tenth one free right . People know what is happening. This trial is going forward. I cant tell you what the outcome will be and im not going to tell you whether the outcome is good or bad when it happens because in the rule of law, it is actual justice we are pursuing. That means you have a fair trial. Not one hijacked by threats of violence or the defendants antics or outside pressure. But if you finish a fair trial, the result is the product of that fair trial. No one will be happy with any of all the outcomes. Thats why we try to have a transparent fair trial with the rule of law. I can tell you that this defendant opposes that kind of thing. Both for himself and for others. I can tell you about that history. We have lived through that. But, it is a hallmark of civilized society, of the civilization we want to be, not the one we always are, that we afford those rights to all. Regardless of who they are and regardless of whether they are a part of the regrettable group of people who would not afford those rights to others. You might say legally, it is a type of Michelle Obama rule. You go high and stay high no matter what. What we are seeing as the trial grinds on with these receipts is they are Making Headway in the efforts to disrupt, delay, hi jack, or circusify his trial. By the defendant are failing. We turn to our experts in 90 seconds. Our experts in 90 seconds. Th kisqali, i can have both. Kisqali is a pill that when taken with an Aromatase Inhibitor helps delay cancer from growing and has been proven to help people live significantly longer across three separate clinical trials. So, i have the confidence to live my life. Kisqali can cause lung problems or an abnormal heartbeat, which can lead to death. It can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. Avoid grapefruit during treatment. Tell your doctor right away if you have new or worsening symptoms, including breathing problems, cough, chest pain, a change in your heartbeat, dizziness, yellowing of the skin or eyes, dark urine, tiredness, loss of appetite, abdomen pain, bleeding, bruising, fever, chills, or other symptoms of an infection, a severe or worsening rash, are or plan to become pregnant, or breastfeeding. Long live life and long live you. Ask your doctor about kisqali today. We are back with molly and renato. Molly, here we are at the table. I mentioned that you can only learn about these things as they go. Cohen and stormy are almost being held as the closer to a case that by the time you get to your closers you better have made a lot of the case. What do you think about that strategy from the das side. You, a story teller for one of our magazines, know a thing or two about putting a story together and the order matters. Right, the order matters and remember, the big problem with this case is Michael Cohen. He may not be a witness. He is just not as good a witness as someone like david pecker. And i think david pecker has been me tick meticulous and not emotional. At every point they backed it up with documents and i think a lot of people have watched this trial. And been really pleasantly surprised with just how organized and methodical the case they are making is. And that these more salacious characters like michael and stormy are coming in later. And less for the mechanics of the case. And i want to mention something that will be no surprise to you. But i didnt get time to mention it yesterday. We, everyone in court, most importantly the jurors, spent over an hour staring at a screen with this log of text and it was zoomed out so you couldnt make an individual one. Over 15 text ins a row. And they would zoom in on one and come out. And zoom in on another. And the experience, if you were not super interested in the content, might be like the worst accountant internship you have ever gotten. But it felt like not only in substance but tone, they were trying to mention the jury, we have this all. Anyone coming in to talk about it is just reconfirming and confirming what we have in the receipts. You know what is so important about those receipts, ari, it shows how donald trump is in the thick of everything. One defense you could have, right, if you were a defendant here is hey, i was running for president. I was a rich guy and all these businesses. I wasnt focused on this. This wasnt important to me. There is no way he can make that defense here. Because they have the receipts that show he was intimately involved. You had shown something a moment ago where Michael Cohen is like i cant reach him. This a guy literally running for president. And his lawyer is trying to reach him in the middle of all that to discuss this issue. This hush money scheme. He was involved and hands on. This was his scheme. Molly, take a listen to how da bragg spoke about how it came down to a paper trail. Receipts, wires, texts, with cohen involved. Less than two weeks before the president ial election, Michael Cohen wired 130,000 to Stormy Daniels lawyer. That payment was the damaging information from the voting public. Straightforward. And what was crucial and critical and they got right away which i think was so important, this was not about protecting melania. The defense wants you to think this was about trump protecting his family but we know and that is what pecker spoke to, he knew this was about the campaign. That the access Hollywood Tape had come out and they were worried that these two other allegations would sink his campaign. Yeah. And, renato, again, we dont make the news, we report on it and the parts that are dry are dry. Politico had a similar observation about the davidson testimony yesterday. I will read that to you. While there are colorful claims at the core, davidson, the lawyer for daniels and mcdougal, had a presentation that was cautious and calculated. In other words, lawyerly. For prosecutors, his Staid Recollection would be a welcome contrast. Do you show that assessment or what do you think . I agree. That is why these are our early witnesses. Molly was talking a moment ago about how to put together a story. As a trial lawyer i think of it as putting on a play. And these are my actors and actresses im putting on essentially to set a stage. In the beginning you want to have your mother careful witnesses. You dont want the First Impression from the jury to be something wild and crazy. We were talking about how trump understood from the beginning it was going to be the companies that were going to be footing the bill ultimately. Showing the time, tying this together to the false statement and Business Records that are core to the charges here for the district attorney. It was too boring and too uneventful to get into. Could i put a plug in for cspan . Please. Cspan is amazing. I am plugging their podcast instead of mine. It is totally unfiltered. It is a really good view of government if there is one thing you want to do, it is listen to the cspan. We talk about facts. One of the points that came up yesterday, im half joking it was boring. It was that the cspan record said this is really the video we took of trump. It is not a deep fake. It is not an edited video but speaks to the fact that cspan has everyone dead to rights because it was there the last resort. Their Video Cameras are always running. Good to see you molly. Renato, stick around. I want your legal views. Later we turn to the sweeping abortion ban in florida. It takes effect today. We will continue to report on those stories and we have a obama veteran here to talk about what you read might affect what you think. If that sundays simple, it is actually deeply important with the coming election. But first, we turn to another perspective inside the das case. And why they want to super size this into a felony. I promise you this next segment is going to help you understand where we head in the next weeks of this consequential trial. We of this consequential trial. Is shingles doesnt care. But shingrix protects. Only shingrix is proven over 90 effective. Shingrix is a vaccine used to prevent shingles in adults 50 years and older. 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