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reid, euro or chief legal affairs correspondent. i'm anxious for your thoughts. give us your analysis of what the trump team is trying to keep out of this trial and y well, it's interesting. trump has so many legal issues everything, allegations of mishandling classified materials to allegations of fraud, to sex abuse. and here the argument is really focused on his civil matters. and i think it's going to be difficult for the defense attorneys to keep out a lot of this conduct because there's so much overlap with the case itself. their strongest argument seems to be look, there's a different standard preponderance of the evidence that is much lower than a criminal court. it could confuse the jury, but for example, when it came to the hillary clinton lawsuit, uh, judges said, look, if this isn't sandoval at this isn't relevant. >> i don't know what is so not a great sign for the defense team. we bring in on chris khardori, a former federal prosecutor into this this conversation. how do you expect the judge to rule i expect he will let most, if not all of that come in because the differences between the standard civil and criminal that can be explained to the jury.
as the historic hush money case unfolds opening statements now set to begin monday a full jury and a panel of six alternates are selected and sworn in our reporters and experts are all standing by to break down all of today's most important development let's and look ahead to what's next. >> welcome to our viewers here in the united states and around the world. i'm wolf blitzer with a special report in this room the trump trial today are special coverage this hour begins with the breaking news. the judge overseeing donald trump's criminal trial says, opening statements will begin on monday. jury selection in the case now officially complete. let's check in with cnn's kara scannell outside the courthouse in manhattan. kara, you were there inside inside the courtroom for today's drum. now kind of proceedings give us the latest
know him in this room that trump's lawyers tried, once again to get the prosecutors to tell them who the first witness will be, that they'll call in the case the most prosecutor said they would do is tell them on sunday prosecutors said, if former president tweets or makes any comments about that witness, it will be the last time they give them a heads up. wolf. >> all right. kara scannell in new york for us. thank you. other action in the trump courtroom today? arguments over whether prosecutors can bring up donald trump, his past legal issues if he chooses to testify i want to bring in our senior legal analyst, elie honig, for a closer look. ellie, walk us through the so-called sandoval hearing. >> well, we'll think of a sandoval motion as a warning shot. this is the way that prosecutors here in new york advise any criminal defendant in any case here in new york. if you take the stand, of course, we will cross-examine you about the actual charges, but we're also so going to cross-examine you about these other bad acts that you engaged in. and here, there's three main things that prosecutors
changes. mine say that his lawyers talked him out of it. there's actually only one time that he's said he was going to take the stand. he wasn't forced to. it was in the e jean carroll case. he stepped up there. it was very quick, very brief. he just wanted to answer one question and then got up the stand. let's remember what this case is about at its heart, a very salacious topic, donald trump and alleged affair with a porn star, then, hush money payments to cover up that alleged affair. that is not something donald trump wants let's to talk about or answer questions on. >> yeah, that's a good point. you're making an excellent point. shan wu is with us as well. we're looking ahead to the opening arguments, the opening statements on monday, assuming that happens on monday, how do you think the manhattan district attorney's team will approach these opening statements? >> i think they'll try and keep it to a very simple story, which is, we're going to tell you about payments went to tell you about how they lied about the payments were going to tell you why the allied about them and by focusing on that very simple narrative, then you have the documents to prove those things and then you also have the witnesses who will kind of give in life and refer to
>> if there were more trials biggest, i'm really worried myself. >> i'm sure you are as well about the safety of these jurors. >> yeah. no doubt. i think when we all heard that oncology nurse yesterday say, look, i just i can't do this after she had been selected. no one question that everyone understands that you some of us have drawn the ire of trump and know what that feels like and what that brings for you and your family. it's an enormous ask of any citizen to be on this jury. it's hugely important, but it absolutely comes with risks it's an important point. our guys. thank you very, very much. just ahead, we'll take a closer look at just win an alternate juror would be needed, including what happens if the case runs out of alternates, who can step in. but first, we're looking at the big decision. the judge is weighing as both sides prepare for the opening statements. a former new york judges, by to discuss with us live, stay with us you're in the situation there's new ally in the fight
benefit, good point. looking ahead to monday. can you put yourself in the prosecutors shoes and tell us how you would craft opening statements? >> yes. so i think an opening statement is very powerful and important moment in the trial. in some ways, it's the most important moment at the trial. they've obviously had some exposure to the jury pool because there was a volunteer process but it's the opening statement where the prosecution gets to set forth the basics of the case and the evidence that they're going to show and i think they want to resist being overly dramatic. they want to resist being histrionic. they want to be plain and simple. >> here. the fact here's what the evidence will show. and they also need to be careful not to over-promise they have some interesting witnesses that have been mentioned on your show in the last hour, including michael cohen it's unclear.& i probably believe in the minds of the prosecutors, it's unclear how smoothly that will go, both on direct examination cross-examination, and redirect examination so they will want to tell the jury, we have these witnesses
that i think people should watch for in the opening statements. first of all, the indictment, what does it mean? the de is going to argue this is about donald trump's attempt to interfere in the 2016 election. donald trump's team will probably argue this is a paperwork offense from a long time ago that he never should have been charged with and that he's not guilty of the second thing theme, of course, will revolve around some of the witnesses, michael cohen in particular, is a very high stakes, very controversial witness, as you just discussed with your panel. and the final theme that we will here, we're going to hear a lot about the burden of proof, the defense lawyers in any case, they always remind the jury over and over again that the prosecution, they bear the burden of proof beyond a reasonable doubt. so listen for those three themes. when the parties open on monday we'll watch it together with you, elie honig. thank you very, very much. let's get some more insight right now from robert raise served as counsel, the former president trump during his first impeachment robert, thanks so much for joining us. how do you think trump's team is working to craft opening
coming forward, including michael cohen. he's going to tell you this that and the other, but they want to understate it a little bit and see how the evidence comes in. they don't want to gild the lily they don't want to call names, they don't want to be overly aggressive about it. this is a plain and simple case. >> here's what we're going to prove here's how we're going to prove it. >> and listen to the instructions of the judge and use your common sense and you'll come to the only verdict that is appropriate in this case. >> and that's guilty. it should be a good workman like opening statement in my view what do you make of the prosecution's wariness against sharing their witness list with trump's legal team well you know, they have good reason to do that obviously, the defense knows the overall witness list. i think the question was whether or not they should be told the immediate witnesses coming forward so that as a matter of convenience, they know who to prepare for this weekend. and that's if some benefit as a professional. and usually that professional courtesy is extended. but as i think the judge said in the courtroom today, there's good
something else could happen like they can't follow the court's instruction not to post things on social media. >> court veterans say the life in limbo of an alternate juror can be strange, unsatisfying, and tougher than it may see. >> let's difficult to be very present and to really focus as much as jurors might need to with the idea in the back of their mind that they might not really need to deliberate at the end of it. all but as one alternate juror in police officer derek chauvin is murder trial said being an alternate doesn't mean the case weighs on you any less heavily every night when i would come home i felt exhausted. >> it was pretty draining, pretty emotional and that juror didn't even know she was an alternate until the end of the trial in some cases, the judges purposely don't inform the jury which of them are alternates and which are regulars until they start deliberating so they don't have that issue of knowing. >> i might not have to deliver aid. do i? really need to listen to this? >> there are six alternate jurors for trump's trial, while that may seem like a lot for a
excused or dismiss. cnn's brian todd is looking into this forest. brian, anyone of these six alternates could be called upon at any it's time they have to be ready wolf, you know, the term alternate juror may not sound very glamorous, and it really isn't. but experts say in a trial this intense, don't discount the importance of the alternate already two empaneled jurors have been excused from former president trump's hush money trial, underscoring just how crucial the six alternate jurors are, who've just been seated in a case of this length and in a high-profile case, the alternates are as significant as the regular jury because there's a very high likelihood and probability in this case that one or more of those alternates are going to end up on the journey. >> the alternate juror is there to take over a spot on the 12 member regular jury if one of the regulars has to drop out of the trial one of the reasons could be illness they could have a family emergency or