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CNN Newsroom Live

retainers and legal services when really it was a hush money payment intended to prevent and the voters from learning about stormy daniels allegations. >> it's a novel legal theory that will be tested and under the microscope for perhaps the next six weeks. >> that's how long were expecting things to go? >> so opening statements are monday and eventually we will get into witness testimony and there is a big cast of characters that are expected to swear to tell the truth in front of the jury. >> michael cohen himself, in many ways is the star witness of this case. his credibility will be crucial. there's also stormy daniels. she is expected to tell her side of the story. there's also hope hicks, a trump 2016 campaign official karen mcdougal, who is a another woman who alleged an affair with donald trump and then there's also david. he was involved with the national enquirer or the tabloid that is

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CNN Newsroom Live

is a criminal defense attorney and former new york prosecutors. >> she joins us now from london, good to have you with us thank you. >> so the first day of a criminal trial of a former us president trump, of course, challenged with 34 felony counts of falsifying business records we know that opening statements will happen monday, both sides trying to lay out their case for the jury and preview any evidence what can we expect so today is going to be a very energizing day. >> i'm sure that both sides are on pins and needles because they know that all eyes are walking them. but what we can expect today is the opening statements. and again, i say statement because it's not argument. so the prosecution is going to be very limited in terms of what they say. so the prosecution's going to lay out, set a preview of what they expect the evidence to show, dried to give a preview to this jury layout of how they're going to present the evidence, and then they'll remind the

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CNN Newsroom Live

jury that they'll come back at the end of the case during closing arguments to argue how they proved case beyond a reasonable doubt, the prosecution will go first, the defense will then have the option to give an opening statement by new york law. they're not required to give an opening statement. but assume in this case, of course, that they are going to give an opening statement and they're going to be confined as the any arguments that they can make as well. >> of course both sides have different narratives and it's the tail of who gives the best narrative for this jury. what i'm curious to see, who will be the first to witnesses that the prosecution calls, because today it may be the day right after opening statements that they called it first witness and of course, the list of witnesses, the list of players in this case is really intriguing to say the least. so you have the former president and presidential candidate a porn star, a playable, a former playboy model. the national enquirer is former publisher. and of course i, trump's former lawyer and fixer, who went to

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CNN Newsroom Live

york city, in former president donald trump's hush money criminal trial. >> this is, of course, the very first time in american history that a former president is standing trial for alleged crimes. this is all about a cover-up in 2016, donald trump paid $130,000 to stormy daniels, the adult film star, to prevent her from going public with allegations of an affair he denies the affair the alleged crime. the prosecutors theory of this case is all about the falsification of business records at the trump organization. how trump org paid back michael cohen, trump's attorney at the time aid him back for that hush money payment. according to the prosecutor's the trump organization and donald trump at the head, falsified business records falsely suggesting that those were routine legal

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Sunday Night in America With Trey Gowdy

for purposes orof protecting his business, marriage, and many other valid reasons for somebody to engage in a hush money or nondisclosure agreement with individual whose coming forward with allegations that simplythat claims are not true. it is not just that level, but the defenst ite also has to beve raised that even if that specific intent is found in the firs t part of the elements, that there is an additional element that they must prove, and additional crime, essentially, that it was dealing with an election money cover up. so, they were so many layers here. thneede defense needs to put thi case forward in the opening statement and talk a lot about the specific intent elements required here and the difficultg prosecutors are going to have. finally, they need to have more beyond a reasonable doubt standard and to never let back on that. >> trey: carrie, i am going to make you a jury consultant, at least fo ar the next couple of

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The Faulkner Focus

finger at donald trump but their witnesses all have deep credibility issues. the defense is no doubt going to hammer that all morning through their opening statement and throughout the rest of this trial. credibility will be the most important thing throughout this trial and whether or not donald trump testifies, the defense and prosecution are going to have to deal with each one of these witness's credibility along the way and the prosecution has to prove it beyond a reasonable doubt. even the journey thinks it might have or probably can't if they can't get to the proof beyond a reasonable doubt and why the defense should be looking for a win. that's what they are going into on this monday morning. >> harris: you think they have a fairly good case based on those witnesses alone. if you have a bevy of liars, i don't think that's worse than circumstantial evidence. it sounds like it is cut and dried but it won't be where trump is concerned. i want to jump to the next case

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Trump on Trial New York v. Donald Trump

argue that the defendant failed to produce evidence or failed to call witnesses or fail to introduce documents. the defendant has an absolute fifth amendment right not to testify and has an absolute right not to put on a case in the defense. so what mr. blanch is doing here, mr. trump's lawyer, is essentially what you would expect from any good defense lawyer. telling the jury don't believe what you just heard from the government by telling them that no crime was committed, trying to humanize mr. trump in some ways, and then perhaps leaving dangling a bit the prospect that they will have evidence down the road in the trial to demonstrate the things that mr. blanche is saying. again, they don't have to prove anything. so they do have a slight advantage in their opening statement of saying things that they don't later have to back up. the government must back up everything it has said. >> here's what else todd blanche

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Trump on Trial New York v. Donald Trump

the case that these charges should never have even been brought against donald trump in the first place. again, one other time note is that we've got just a little over an hour left of the trial here today. trial will conclude at 12:30 p.m. eastern time. this has been an intense already hour out of the gate here, and now the defense is beginning to open with their statements to the jury. >> 45 minutes, 30 seconds for the prosecution and the defense has indicated they'll have about 20 minutes in their opening statement, and again, let me read that first line from donald trump's lawyer. good morning, your honor. president trump did not commit any crimes. the manhattan d.a.'s office should never have brought this case. barbara first question to you about just wrapping the prosecution's opening statements. 45 minutes 30 seconds. your take on the amount of time they spent laying out their case in this very consequential and historic trial? >> yeah, i always thought shorter is better because the longer you go, you risk losing

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Trump on Trial New York v. Donald Trump

and senior fbi official. chuck, i'm 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. we're about to hear from the lawyers this morning in their opening statements. both sides had the weekend to prepare. what's the goal of opening statements? >> the opening statement -- and it's not an argument, ana. it's a statement. arguments are prohibited during opening -- is really roadmap from a prosecutor's perspective. he or she will be telling the jury what documents might be admitted, what particular witnesses might say. it's a promise to the jury of what they're about to see. if you were going to a movie, you might watch a trailer. the trailer would tell you what's in the movie. in this case the opening statement is the trailer for the trial. it tells you what you're going to see and hear. from a defense attorney's perspective, they can do a couple of things. caroline made the point earlier

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Trump on Trial New York v. Donald Trump

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 trump's legal team. >> the key with trump's legal team is they're really there to come up with as many distractions and diversions as humanly possible. i think that's the biggest thing we'll see from them. as folks were saying a moment ago, the prosecution's job is to keep things simple. the defense's 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 can't 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

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