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The Saturday Show with Jonathan Capehart

an opening. they will do one in this case, i've never seen a defense attorney miss an opportunity of doing an opening because they don't have to prove anything. i'll be interested to see what they do. they just keep it very simple because they want to wait to hear the witnesses and see the documents? i'm interested in what the defense is going to say on their opening. >> catherine, do you think trump will testify? if he does, what kind of questions should he expect? >> i don't think he will. first of all, most defendants don't. it is not like if he doesn't, it's a surprise that he didn't. he can expect, well, first of all, we will find out monday what prior bad acts he has, including his civil judgments that judge merchan will allow the prosecutors to question him about. it might be, and judge merchan needs to be careful. he has to be careful to not be prejudicial. it is a balancing act. you can't question the defendant to show they did it before, therefore they will do it again. it is about showing lack of credibility, lack of honesty. the judgments due to defamation, making false

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Dateline

i just thought, nathan, you've got to be strong. we will get through this. >> his lawyer, former prosecutor turned defense attorney who argued the investigation was faulty. >> there were certain preconceived notions of who did it for lack of a better term. it never went anywhere. for that reason, i'm going to ask you to find nathan not guilty. >> he insisted the cops zeroed in on him from the start and never pursued any other leads. >> this was an incomplete investigation. while the spouse, nathan in this case, would've been the logical place to start, the problem with that is if you follow that gut feeling, that will cause you likely to miss other things. in this case, simply not look for them at all. >> what about the cars nathan said he had seen in the

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Dateline

between you and nathan? >> he is my sponsor. i worked for him. i did a lot of translating work and helping with organizing conferences in lithuania. he is also, was kind of like my mentor. in america, he was the only person with whom i could talk in lithuanian. a friend. >> the defense attorney said the state was making more those spa visits than what was there. >> would mr. leuthold be there when you were having the waxing? >> he was there to drive me and pay for it. >> but he was not there when the procedure was being -- >> no. >> were you and nathan ever lovers? >> no. >> that has been asked of you

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Dateline

secured and other people had access. and therefore you cannot prove i did it. so there was a certain swagger he and his team had. they felt that they could take it. >> sure enough, stephen's highly regarded attorneys already accused the state of getting evidence from improper search warrants. >> there was 8-9 searches of the apartment. >> lawrence underwear, apartment key, hacksaw packaging, all of that evidence should be thrown out. >> did you believe the prosecution was worried about your challenges? >> yes. >> the defense attorney knew and admired lauren. >> i was her teacher in a transition course. >> in fact he told stephen and

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Dateline

here is keith morrison with the conclusion of the watcher. >> lawrence law school friends could not make sense of it, how is it possible their odd classmate could do such a horrible thing? >> he was trying to make it seem like he was a innocent bystander and a friend of lauren. >> when the da david cook took over it was already a death penalty case but he was not sure it should be. after all they had no evidence to prove the cause of death. this was a gruesome crime yet none of stephen's dna was found in lauren's apartment. aside from the underwear none of lauren's dna was found in stephen's place and the circumstantial evidence they did have, a good defense attorney could raise reasonable doubt. perhaps stephen had been framed. >> he could argue that his apartment was not adequately

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Fox News Live

you. >> for president trump's legal team will get the name of one witness in the hush money trial prosecutors wanted to withhold all of the witnesses names at lease in the beginning fearing trump would put them on social media and attack them. but agreed to give one of them with the warning that if the name ends up online prosecutors will provide no more names to the defense. they fear the president is interfering with the trial by his posting and attacking the month "truth social." mercedes joins us criminal defense attorney first, let's say they get the name to date. opening arguments is tomorrow is that too late? and what you make of this type of delay the prosecutors are waiting? >> a great question. it's always wonderful to be on your show. it is certainly key for the defense to know what the witnesses are going to be the following day. why do i say that? it's all about preparations. preparing for cross-examination. having said that i am fairly certain this defense attorney and this team probably know with

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Fox News Live

reimbursed for the monies paid to stormy daniels. it's really going to come down to who the jury decides is telling the truth. one key issue for former president trump to decide obviously the defense team has to consider this izzy going to have his family sitting behind him in the defense? do we seek melania trump there? is a balk at trump going to be there? is it bayern trump going to be there? if his family was there any defense attorney will tell you it can sway the jury at least understanding he has support for what he is saying sitting right behind him. >> from notes are but what is your prediction the traveled about six weeks or so. and with a potential verdict of some sort at the end of next month or in june. what do you think? >> eric, if i had that should be able to tell you i would be able to say this all might trump clients will retry their cases. my best trial experiences for

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CNN Newsroom With Fredricka Whitfield

here are the witnesses who were going to be testifying to that. and by the way, here are the business records themselves that support everything we are saying. so you can believe or not believe an individual witness here are there, but the business records support everything. each of them is saying. so at the end of the case, when asked you for a verdict of guilty we've seen already. part of the strategy i've trump's defense team has been to delay by a number of motions and most defense attorneys would do that, right. but i'm wondering too, do you expect that they might be argumentative in the midst of the prosecutors opening statements as a delay tech tactic or something else, some other motivation. >> well, it's a great question when i was a defense attorney, i used to periodically object in the opening statement of prosecutors, very unusual. i was just an annoying lawyer don't think they'll object in

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Fox News Live

behind those payments. and it is fairly easy once you have instruments as you are saying if you have 34 checks you look at the source of the 34 checks a new look to see who is the recipient of those monies you have michael quote would clearly take the sandy's going to make the assertion like you said already these repayments were made to silence stormy daniels to that not to be disclosed during the electoral process. having said that, the biggest issue, you look at the statute itself it has to show intent. it has to show former president trump have the intention of interfering with the electoral process. and he has already stated he intends to take the stand which obviously is a very complicated issue but any defense attorney will tell you this is a very strategic and dangerous move for the individual being charged criminally to take the stand. and to testify on his behalf if he says that is able to convince

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CNN Newsroom

any control over proceedings, really, marshall cohen, we know you'd be watching closely. thank you very much. appreciate it. >> let's discuss some joined now by scott jennings and shan wu. >> ocean is a defense attorney and a former federal prosecutor. he served in the clinton administration as a council to attorney general janet reno and scott jennings is a cnn senior political computer. and a former special assistant to president george w. bo. thank you both. for joining me. shan, i want to start with you as a former federal prosecutor, how would you approach these opening statements as marshall with just saying this is a chance for them to start telling a story for both sides i would keep it very simple to them, which is, this is a story about payments. >> and then the covering up of the payments and you're going to hear from people who will explain the documentation for following the money. and you're going to hear from people who were there talking about that money trail. and that's good. just going to bring it to life for you. >> they. need to be careful as in any prosecution, you don't

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