allowed. a lot of this hinges on whether or not former president trump who you say heading to court earlier this morning decides to testify. we he has said he wants to do. in the past he said he wanted to do that and dissuaded by his attorneys. we'll see what happens with this. andy mccarthy is with us as well. andy, give me a sense of your reaction to this. not a big surprise he won't allow the actual tape. >> all this wrangling is being done now before open statements. the lawyers really want to know before they start making commitments to the jury, what they are going to be allowed to do and not to do. i always think the biggest advantage a defense has in a criminal trial is they don't have to do anything. they don't have to prove anything. and i think it would be perilous if they were to promise the jury that they would hear from president trump during the trial. they are better off keeping that