tomorrow for their sit back and forth about the fact of the defense says they do not know with the witnesses are going to be an excuse but "washington post" reported on the said two sides had sparked the reserve the issue with prosecutors saying they would not provide witness names in advance because of trump's repeated violations of the gag order barring him from talking about witnesses in the case we have a look at some of the potential witnesses who could show up for jonathan, how do you prep for day one if you don't know who might be on the witness stand? >> is a promised criminal defpromise criminal defenseattoa standard problem of a prosecutor's holding on until the last minute to make disclosures what concerns me about this a is the judge's response. the judges should have said you should err on the side of disclosure and also should point out whatever sanctions they are for the gag order those will come at my judgment after we have a hearing this is not on the menu of options for you. you could not restrict the fairness of the trial or disclosures of witnesses because you think he violated an order