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CNN This Morning

starts on monday, which is long before a lot of people fled to judge it's good to go as fast as possible that's for his is not for my eraser this is a giant witch to try and earn a campaign that's beating more president in history at this is the only way they think they can win, but it's not going to work. thank you very much all right. >> joining me now to discuss is eugene scott his senior politics reporter at axios eugene. good morning to you and i see so we spent last week in jury selection this morning, we are headed to the start of this trial. >> it's a historic moment really for the first first-time former president is going to be really involved in the meats of a criminal trial. here, what are you expecting to unfold today well, listening to obviously these opening statements and listening to the former president's attorneys try to make the case that the former president did nothing wrong, that decisions were made that were either beyond him out of his control or that did not

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CNN This Morning

be if if and when he decides not to testify, who go while we just saw their case, it was a disaster esther, they didn't have anything on me. my attorneys tore down michael cohen and they're joke of okc case and they're joke batch of witnesses. they got nothing. i don't need to take the stand. that's it. that's what he'll say publicly i think that makes sense. >> i think a lot of sense and it's also i think it helps that it's not televised, right? so if it was televising, that might be a little different calculation asked me to the voters if he's trying to filter to the media. i think that's a good point. yeah. if this were televised and he were on the stand, that's interesting. i mean, that would be yeah. that would be a moment elie honig, thank you for starting. >> what's gonna be a long day for you with us thanks. appreciate having you all right. coming up next here. jewish students at columbia university urged to stay home for their own safety as campus confrontations intensified plus north korea accused of firing multiple ballistic missiles just hours ago the white. house correspondents dinner live

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Trump on Trial New York v. Donald Trump

they win. sometimes the facts are horrible and it doesn't matter when you take the stand. this is a singular case. donald trump believes he can overcome anything or he may just think he has absolutely nothing to lose. he has the constitutional right to testify no matter what his attorneys tell him not to do. >> this is someone who in the past has said he's the expert on expertise. he, you know, is very conscious of the fact, for him, that he knows more than anybody else. do you think that's a possibility? >> it's a possibility. it will be determined by how well the prosecution's witnesses are. if the cross-examination of michael cohen is a dud, it might be a hail mary. if his lawyers say this is going good for us, why mess it up, so it's going to be determined on how well the prosecutors' witnesses are on the stand.

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Trump Hush Money Trial

obviously a big dairy and beyond the legalities of it, which i definitely want to dive into as well are the politics of it. donald trump is the presumptive republican nominee for president, dana bash. how is he going to handle the fact that he is? campaigning at the same time, he is a defendant. >> not well, by all accounts, not happy at all. i was just talking to somebody who was a very involved in his political world who said that the way that they're going to structure the strategy is they're going to take their cues from the legal trump legal world, meaning what we are going to hear from the trump attorneys inside the courtroom is going to be echoed rather quickly by his, his political campaign. and that's obviously in part just to kinda get the, the echo chamber out. but it's also because there is frustration in that comes from the top, that comes from donald trump about this gag order that they were talking about a new

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Trump on Trial New York v. Donald Trump

you should question the credibility of. but instead, they focused on what the actual charges against donald trump are. and they were the falsification of business records. and donald trump's attorneys making clear to the jury that donald trump did not commit a crime and this was an issue over a business ledger and donald trump, in fact, as the ledger shows was just paying michael cohen, not to reimburse stormy daniels but for legal services. all of this will lead to tomorrow when david pecker is expected to take a stand again. notably also the gag order hearing tomorrow morning. the prosecution has asked the judge to punish donald trump for violating the gag order. notably when donald trump left the courthouse today, what did he do is this he attacked one of the witnesses, michael cohen. this will come down to the determination of judge merchan over whether donald trump actually violated the gag order and any consequences that may follow. >> vaughn hillyard, thank you so much. joining us now, former assistant

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Trump Hush Money Trial

are seeing on the screen those are notes from our three colleagues inside. >> so you have a minute by minute, second by second. i'm going to count. >> and also, i think just the dynamic for trump. obviously there's no cameras in the courtroom that's how we're relying on our colleagues for these updates, but the dynamic and the courtroom trump it's not surrounded by his political aides like he typically is, or friends, or family, or allies. he's got his legal team, but everyone else is seated towards the back of the courtroom. so he's not able to confer with them. he ceded there next to he's got three attorneys in the room with him. >> and i think that picture there just speaks to the moment of what donald trump's life is about to be like where he is not a control of his schedule or his environment, are able to respond in real-time. >> three things that he prioritizes and values and typically is used to capital eyes off of as since he was in the white house when he was on the campaign trail. and even as a businessman, here in new york, his entire life is changing for the next six to eight weeks. now that he's in that courtroom and this is going forward and the judges in charge of the schedule, not donald trump. >> it's going to be very

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Trump Hush Money Trial

told opening statement are going to be about 40 minutes and defense about 20 is keeping it short better it really it's it's a real strategic decision. anniston and i knew i know susan necklace is one of the attorneys here and she's a masterful lawyer i mean, i'm sure they've spoken about this. >> i'm sure they've vetted it. i'm sure they've done a little moot arguments you know, my approach is to really go hard in the opening statement. years ago, the new york times did a study and jurors found that 80% of jurors found that whatever they thought the verdict was going to be after the openings was their verdict, 80% so i looked at opening statements as an a tremendous opportunity to really swayed juries over to your side or they're just hold on. >> i want to get some more information from inside the court. what are you hearing? >> so we don't have too many updates beyond just talking

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Trump on Trial New York v. Donald Trump

rally. he tried it hard to muddy the waters. he brought women who accused bill clinton of sexual assault into the room at the second presidential debate in st. louis, shocking everyone. but you could see this very intense effort by the campaign to sort of try to mitigate what they saw as a deep liability in the final weeks of the election. >> this was literally the final weeks of the election, some of these conversations were carried out the end of october. eli, trump is clearly involved in his own defense while he has attorneys are trying to paint him as a hands off, frugal businessman, a family man. how does that contradict the narrative of those who maybe know the former president better? >> i just think anybody who's spent time covering the white house when donald trump was president or his organization, you know, they can all tell you, and people who have been on the inside of those -- of the trump corporation or the trump white

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The Story With Martha MacCallum

matthew calendula. tell us why we should know about his role in all of this. >> because he held the number 3 spot at doj which is may be the coveted spot the department of justice outside and to -- typically that job is a straight shot to become a corporate bigwig -- bigwig and considered very elite. for him to step down from that to go work for a local prosecutor in new york on this case says something. i think it says he has to be a true believer and personal if he wants to get into this. >> martha: we hear over and over from the trump side that this is orchestrated from washington and from the white house. we know the doj didn't touch this case and they didn't touch it up but then this number 3 left the doj and went up and is one of the lead attorneys on this and you say it is surprising he is facing forward on all of this. >> i actually on most jump back on my seat today when i realized he was the one presenting

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Trump Hush Money Trial

difficult set of circumstances. he's rendering decision gen. after decision, working overtime because he's getting inundated with motions. he's a public servant that the rest of new york's should be grateful that he's embarrassed, ploy the interests of the assault sees his face from the defendant. have you seen something like that before don't think to this degree, mainly because it's so magnified and it's on every news channel and everyone's talking about it. but to be fair, defendants often to crazy things in courtrooms. >> i have seen in my own courtroom, defendants flip tables, spit, throw, other things punch their own attorneys, or go after the court officers. this is not a beautiful business where it's an ugly business sometimes & a point is to make sure at the end of the day defendants get a fair trial to which they are entitled. if they're convicted, they'll be fairly sentenced. and if there not,

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