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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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Laura Coates Live

does take the stand, prosecutors want to bring up his past legal issues, including the $355 million civil fraud judgment against him the e jean carroll defamation case. it's costing him what, 91 million and a lawsuit trump filed against hillary clinton that was dismissed for being frivolous and in bad faith, which they want to use to what they call impeach his credibility. and the judge says a hill, announce his decision whether any or all or even more of that might come in on monday. that's all happening as the prosecution today offered to provide the name of monday's first witness to trump's legal team? but not until sunday morning, quote. >> if that should be tweeted, that will be the last time we provide a courtesy i want to bring in, cnn senior legal analyst and former assistant us attorney for the southern district of new york, elie

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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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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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Fox News at Night

foxnews.com writes the following they said unless they are ordered to they will not sure witness names with trump's defence. prosecutors said they would agree to release one name to defence counsel on sunday night. i know it's a courtesy for attorneys and they often extended. this doesn't seem like a trial where there's going to be any courtesy between the two sides. >> it's also a guarantee of our due process rights. the defence has to be prepared. the government has just a myriad of information from which they can select the pieces of evidence they want to present to the factfinder. the defence like in federal cases where there is no right to defensive discovery until the witnesses are sworn in and testify, that is what's happening in this case. there is no way to deny the fact that this severely handicapped the defence. >> trace: he was talking about a man who lit himself on fire...

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Alex Wagner Tonight

examination will not begin until tuesday. >> how does that work practically, catherine? at some point, the witnesses will be known. what is the goal here? what is the thing, what is the assurance the court has to have from donald trump about what he will not do as it relates to witnesses ? in theory, there will be a series of witnesses whom we will know about. >> there is a gag order, which, in my opinion, he has been violating. and, there is a hearing on that on tuesday. typically, when you have a normal case and you have a defendant who is not like donald trump, you give over the witness list to the defense and you say, and you and out court tomorrow, we are going to call mr. jones, ms. smith, and if there's time, ms. christian. so, the defense will know and you do that as a courtesy so they can prepare their cross- examination. but, in this case, and the prosecutors are right to do this, you don't want to do that with this particular defendant because you don't want them, as they said, tweeting about them.

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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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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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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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