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The Last Word With Lawrence ODonnell

process. prosecutors refused to provide the defense with a list of their next three witnesses, unless your honor orders us differently we are not supplying the name of the witness to a defendant who violates this court's order by tweeting about the potential witnesses in this case. the judge agreed that the concerns are valid and giving trump access to the witness list in advance. prosecutors did make a concession to give the defense the name of their first witness only and that name would be handed over sunday night. prosecutors said if that would be tweetd that would be the last time we provide a courtesy. trump has already violated the gag order at least seven times this week alone giving trump the name sunday limits the timem he has to violate the gag order before court resumes on monday. also happening on monday, 10:00

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Trump Trial Today

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

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Trump Trial Today

reason left. prosecutors are wary of that because there's a track record here of donald trump repeatedly calling out those witnesses, his allies saying things about those witnesses. and he wants to prevent that as much as possible. so a little bit of a bold move because it's traditional for that courtesy to be extended. but they have i think the favor of the judge here on deciding not to do so. >> good point. there are free pereira. welcome back to the situation room thank you very much. for joining us. thanks. are coming up. alternate jurors can go from the sidelines to have to the spotlight at a moment's notice, you're taking a closer look at the reasons of when they could step in great teammates, trust each other. we're going to do a trust falls stand up, you close your eyes. i'll say for trust. what we suddenly up doc you. i told you it was a dominant when you're the leader disaster cleanup and

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Alex Witt Reports

jump on social media. >> and the question posed by suzanne, does this give donald trump's defense team reasons to come back and say, we are going to challenge things left and right? we may want to take this past what happens in court here and make challenges left and right about this? if they are not giving him what they want in regard to witnesses, isn't that normal procedure in an a case? >> it is normal procedure to give the courtesy of the other side to let them know who you will be calling and the order of witnesses. but nothing about this case is normal. nothing about the facthat donald trump is testifying the witnesses who will testify is normal. i think it is perfectly appropriate as judge merchan noted for the prosecutors to take different measures so they can protect these witnesses as much as possible from donald trump's intimidation.

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Alex Witt Reports

or he could be imprisoned and arrested for contempt of court. this is no joke. when you are on trial, you are on trial and the boss is the judge. >> right before the court ended on friday, the government agreed to provide the name of one witness saying they did not want to offer the courtesy out of concern that trump will tweet about the witnesses. early in the date they said, what if i commit to the court and the people that he will not tweet about witnesses. the judge responded, i don't think you can make that representation. what did you make of this exchange? is it unique to donald trump? >> reporter: it is pretty unique. this judge has been careful in ruling in a way and conducting himself in a way as not to create any reversible error on appeal if there is a conviction.

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Alex Witt Reports

for him to say that is very revelatory. we are seeing a judge who is acknowledging to the lawyers, typically i would trust lawyers to control their clients. in this case, the lawyers cannot control their client and we all know it. this is just such a typical courtesy. i cannot remember ever trying a case where i did not share with the defense order i expected to call my witnesses in it makes the whole proceeding work seamlessly. prosecutors withheld that information not because they were trying to stick it to the defense of legitimate concern about the safety and security of their witnesses. >> joyce and carol, thank you. appreciate you. breaking news at this hour in new york, a protest march on one college campus. where and why? we have answers in the story coming your way next. in he tooth to actively repair acid weakened enamel.

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CNN Newsroom

be plenty of people who are trying to uncover their identities. and john prosecutors have refused to reveal the witness list with the defense and they're citing trump's previous tweets it's about witnesses, judge more sean says that he won't be forcing them to hand it over. do you think the judge made the right move i think he did. >> he was he was sent me a message and that move that indeed he agreed that mr. trump could have used the information so they've withheld until very late on sunday night. there apparently going to give the first witness that the government has gone to call. but they the protocol is and the courtesy is normally to provide who your first three or six witnesses might be, so that the defense can prepare and be ready for cross-examination because of trump's tweets because his effort to influence the proceedings through out-of-court statements he has put them as potential targets,

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The Saturday Show with Jonathan Capehart

allowing the das office to impose some punishment that is subtler and more powerful. for instance, last week the das office said they would not tell donald trump's lawyers which witnesses they are calling first. that is highly unusual. it is a courtesy that is usually extended, but they don't want to do that because trump keeps running his mouth about the witnesses. that is a significant disadvantage to not know what witnesses are going to be up or which lawyers need to be ready to be on their feet. that is worse than the money. >> thank you both very much for coming to the saturday show, and a programming note on monday, tune into msnbc for special coverage of opening statements in former president trump's election interference trial, and then at 8:00 eastern we will break down the latest in this case. tune in monday starting at 10:00 a.m. eastern right here on msnbc. up next, more on the drama on capitol hill as the house

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CNN This Morning Weekend

and these past acts lying about someone, the defamation, civil fraud, and business records, those things all go to his honesty and credibility that the jury is always allowed to consider. >> yeah. there's all well, so the decision by prosecutors not to tell the defense the initial witnesses these first witnesses until sunday, and they initially didn't want to tell them the names at all. is this something that is of any substance for potential appeal i know of course, the trump team has any defense attorney would be they're looking for what might give them a better shot in case there's a conviction i don't think that it is a substantive grounds for appeal because the timing of the order here for of the witnesses is really just something that's more of a professional courtesy. >> i do think it tells us a lot about the concerns that the prosecution has over the security and the integrity of the case. i also think it leads

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The Source With Kaitlan Collins

that representation joining me now, judge. shira scheindlin, who served as a federal judge for 22 years of a us district court for the southern district of new york. judge, grateful for your time common courtesy says you do that in most cases how unusual is it for the prosecution to say sorry, no i think it's very unusual. >> it is courteous to let you know who the witnesses are going to be the lawyers have a right to prepare for cross-examination. they have a right to know who's coming up on monday. they want to work all weekend and be ready for that. so it's highly unusual for the prosecution to say no. >> so would you have encouraged a can the judge say do it anyway or is it up to the prosecution? but the judge can simply try to persuade them otherwise. what would you have done okay. >> the judge would have had the power if he wanted to say no. i think you need to give them the witness list for monday and i'm telling you to do it i probably would have given that witness list because so many statements have already been made and outs so many of these

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