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Morning Joe

attorneys say, "sure, we'll control him this time. he won't tweet or truth social about the jurors and the witnesses." how unusual is this, first of all? in a typical trial that's not of john gotti or another mobster, would they protect the identities of the witnesses like this? >> no. i can't underscore, willie, how typical it is to provide the names of witnesses. maybe you have some skirmishes about how soon you have to turn it over. is it the night before, three nights before, as it was in this case? but it is totally standard for each side to provide the other with a list of the witnesses they're expecting so they can prepare their cross-examinations. here, as you noted, josh steinglass, one of the d.a.'s lawyers said, "look, i normally do this as a courtesy, but here i can't because the defendant is still tweeting about these witnesses." merchan said, "i can't fault them for that."

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Chris Jansing Reports

monday, okay, paul? so trump's lawyers asked for the names of the prosecution's first three witnesses in court yesterday, and i want to read for you what happened. look, i got to be honest, that's a courtesy that we normally extend. mr. trump has been tweeting about the witnesses. we're not telling who the witnesses are. i'm sorry. the court says, i can't fault the people for that. then todd blanche, trump's lawyer says, what if i commit to the court and the people, the people of course being the prosecution, that president trump will not tweet about any witnesses. the court, that he will not tweet about any witness? mr. blanche. well, the court, i don't think you can make that representation. how do you navigate a client like donald trump, paul? >> it's virtually impossible. you tell him that if he continues to talk on social media about witnesses like michael cohen and stormy daniels

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CNN News Central

speaker mike johnson's job. we're following these major developing stories and many more all coming in, right? right here. >> the cnn news central we are tracking de for and the historic trump hush money trial is jury selection could be closing, wrapping up 12 jurors& two alternatives have been seated. >> one wall was selected just a few moments ago for additional alternates are now needed and the judge thinks they are on track to start opening statements on monday now, ahead of that, the prosecution is playing hardball with the witness list, refusing to tell trump's attorneys who there they will call the stand first. they are not extending that courtesy due to trump's repeated posts about the case the defense even offered to assure the court that the former president were not post about anyone on the list. but judge merchan appeared skeptical that they can hold him to that. cnn chief legal

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CNN News Central

issues that go on with having the former president there all the time. so i mean, really the smoothness with which this process has taken place this week, i think is a really great testament to all of the court personnel of the security personnel, the way that the judge has ruled well, the proceedings, it's gone about as smoothly as i think one could expect, given the high-profile nature, i chuckled when you said keeping order in the courtroom because as we've seen before with donald trump and given the gag order that he's facing facing, that can be a challenge. i do want to ask you about the witness list because the prosecution isn't sharing which witness they're going to call a first with the defense team, something that is typically seen as a courtesy, not something that they have to do how uncommon is that? >> well, so with respect to new york law, so i'm not a new york lawyer, so i would i would want to know sort of those who have had that particular background in terms of the practice there. but i think it's up to the prosecutor's if they have the jurisdiction to make that

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Ana Cabrera Reports

carol, just how unusual is this? >> it's a little bit unusual for the following reasons. it's certainly unusual for a judge to suggest that the lawyer doesn't have complete client control, which is what judge merchan was saying, but i think that we have all seen that unfortunately that that is true, not to blame the defense attorneys, but donald trump does what donald trump wants to do. the courtesy of the telling the other side who the next witness or few witnesses are going to be, that is a courtesy that's generally extended because each party wants the other party to extend the same courtesy to them. in this case, the prosecution has said with what they believe to be violations of the gag order that have taken place, they're not going to extend that courtesy. that makes it tough for the defense in a couple of ways, one obviously they don't know which witness to prepare for. i mean, they're prepared for all the witnesses, but it's always a little different when you know exactly who is coming up next. they're not going to know that.

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CNN News Central

is the legal consequence of trump's political attacks. these efforts to try to undermine trust in the trial. the statements that he has made, attacking witnesses like michael cohen and daniels. this is the consequence that there is no trust. this is a courtesy that the district attorney's office said they would normally extend, but they're not gonna do it here. not only did the judge agree with them, it didn't force them to share it. he suggested that he doesn't believe that they can control their client. >> just probably true, but again, not something that the defense attorneys one here. >> so this has got to be incredibly frustrating to the trump defense team. yeah. and look, there are consequences for violating gag orders and behind given that way. >> all right. i stay with us, paul. i want to go out to kara scannell, who is just outside that courthouse in new york, and kara, you just got out of court they're taking a short break let's the latest are

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Trump Trial Today

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 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 of 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 reason prosecutors are wary of that because there's a track record here of donald trump repeatedly calling out those

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CNN This Morning

selection but my opinion was that it was a lot quicker than most of us in the legal world expected and prosecutors said they won't share the witness list with trump's legal team ahead of opening arguments because quote, we put this on screen, mr. trump has been tweeting about the witnesses. >> we're not telling who the witnesses are. what's your reaction to that? >> that's not necessarily the normal course of business. typically, there's some professional courtesy between trial attorneys, the prosecution and the defense, and you would receive the witness list, the first witnesses to be called after opening statements from the prosecution and that's the courtesy that we give amongst each other as it attorneys in the courtroom, here is the exact opposite prosecution, obviously, saying that they're not going to give that to donald trump's legal team because they're afraid that there's going to be some publicity about that, or he will be tweeting about that. not tweeting, but on truth, social especially making comments about the trial oh

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CNN News Central

this. but as you said, it is expected to move quickly. they are expecting this to be done possibly by mid-morning. and i want to talk about monday because that is when we're talking about those opening arguments. the other part of this is that it's likely that we see the prosecution calling their first witnesses and some of the drama that we saw yesterday at the end of court was trump's lawyers going to the judge, going to the prosecution saying, can we have a list of those early witnesses and they were turned down. the prosecution saying they don't trust donald trump not to post about those witnesses. and the judge sided with the prosecution here. so this is usually a courtesy that is extended is not mandatory, but in this case, they're not going to be doing this now one thing i do want to just lay out here is what we saw overall, the jury makeup so far because it's really been a cross-section sharing of new yorkers. you have seed, people who are in finance, a speech therapist, you have seen people who are lawyers. you are looking at 12 people hear seven them our menn, five of them are

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Deadline White House

because we're going to possibly have the first witness go on on monday too. the d.a.'s office said usually we'd do it as a courtesy, but in this case your client over there, he's been tweeting about the witnesses and endangering them, so we won't do it. he tried several ways to make it happen. first he said i'll promise you that my client won't tweet. and there was an eruption of laughter in the overflow room, and judge merchan himself responded i don't think you can promise that. and then they said what if we made that information attorneys eyes only, meaning we won't show it to our client. joshua steinglass still demurred. eventually judge merchan said look i can't find fault with them given what has gone on here. i'm not going to make them do it. we are likely barrelling towards opening statements on monday, still without an understanding of who the d.a.'s first witnesses are, and nicolle, you can bet that if the d.a.'s office doesn't want to tell their adversary they're probably not going to tell folks like us either. so there will likely be a number of surprises here.

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