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CNN This Morning

there, donald trump vowing to take the stand and sustained. once again on friday, he plans to testify. now we have heard this from the former president before in his civil fraud trial last year, he was set to testify for a second time, but he canceled we've just 24 hours notice. our panel is back. >> ellie, would you do it if you were trump put your testify. can you even answer that question at this stage? >> so that's a that's a really good question because the real answer is you cannot answer it. you don't have to answer until the moment you take the stand, you get one of the benefits of being a defendant is you get to see the prosecution's entire case, see how your lawyer does trying to your mind, it see how you feel, but the short answer, your question. no, hell, no i would not advise him to take the stand. >> there's no reason for him to take the stand. it's incredibly risky. like i said before, the prosecution bears the burden of proven their case beyond a reasonable doubt. anyone who takes the stand is taking an enormous risk. i know on tv everyone takes the stand because it's dramatic it's quite rare in the real-world. here if you're donald trump, i mean, look, it would just be a disaster if you get caught in a

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Trump Hush Money Trial

finally, they're going to say donald trump's motive here and paying stormy daniels was not to impact the election, but was to protect himself and his family. >> that's gonna be a really key point when you get back to as well, i want to go back to anderson in new york laura, ellie, thanks so much. i want to bring in judge joan khan visor. she's a recently retired judge, is known judge, one more, sean for more than 15 years you i've listened to countless opening arguments. >> what what's the most important thing for opening arguments for both the sides today well, interestingly, an opening statement is really the first time i'm jurors get a chance to understand the meat and potatoes of a case. >> and so it is important and there's an adage that people remember best that width which they your first and last. so an opening statement really does provide a framework, a roadmap for what the evidence will show. the people do go first, they'd give the first opening statement because they have the burden it is up to them. >> as let's just listening to to fear, it's everybody knows

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Trump Hush Money Trial

category called prior bad acts, things i'm going to raise about behavior you have been engaged in are alleged to behavior and/or criminal trials or civil trials rather different and then about whether you'll be questioned to try to undermine your credibility. >> it's not for the jury to say, listen because this person did x, y, and z bad, they must have done this crime. >> it's to give greater context, especially for a pattern of behavior in this case, largely around the idea of maybe a karen mcdougal and giving her money initially or a bad a catch and kill all or about falsifying business records in the past, it gives some idea for the actual jury of what he may have been doing in this context. >> so one of the things that the prosecution wanted to bring up ellie and karen is the access hollywood video which we all remember from october 2016, not a pleasant bit of business there for mr. trump or for billy bush for that matter explained what the jury what a judge has ruled on that matter. >> so the prosecution wants to introduce evidence of that

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Ayman

it is undisputed if he ever advocated for the use of violence. it is unclear if the person was even affiliated with blm. officer doe still pin the blame on mckesson. he sued him saying the activist was negligent for failing to foresee that the protest could lead to violence. meanwhile neither of the officers who shot sterling a total of six times while the father of four was face down were ever charged with a crime for their actions. as part of the show ellie notes in a new piece for the nation, eight years later, quote, the only person still being held accountable in the dachshund of alton sterling is deray mckesson. author, activist and executive director of campaign zero , deray mckesson joins me now. thank you for joining me tonight this is second time you have turned to the supreme court in this case. give me your reaction to the decision on monday but did

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Ayman

their refusal take you by surprise? >> it was a disappointing decision but i am happy the statement was written it makes it very hard for the opinion to be enforced in the future. we remind people that the right to protest in the fifth circuit is not gone. for me, i go back to the district court because we might have to have a jury trial. like you said in the lead in it, they are claiming that the officer got hurt. we never had proof of that they maintain that i organize the entire thing, which i did not. because i said i did and they said i did, we have been locked in this conversation since 2016. this one got appealed and we lost on appeal, which started this whole saga. >> you have been battling this lawsuit for almost a decade now . i wanted to share another quote from a friend of the show, ellie must all on this ordeal. he wrote when the freeze

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Trump Trial Today

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

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Trump Trial Today

alternate jurors. these are people who will only serve if we lose one of the main jurors. there's a lot we actually don't know about these folks alternate juror number two, not working does not not follow the news that may make her more neutral. number three, all we know is it's a native new yorker who's interested in martial arts, draw whatever conclusion you will from that number for reads the times writer's bbc& is a contract specialist. we have another person who was a professional and then our last two alternate jurors, one of them works for a clothing company, gets her news from google. the last one's a project manager. interestingly, her father was convicted of a federal crime. not clear which way that would push, but wolf, it's important understand if we do have to dip into the alternate tier, alternate one will be the first one in then number two. so as we go farther and farther back in these alternate, it becomes less and less likely that any of these folks will ever actually make get onto the jury. >> six offered it's hard. ellie will watch it together with you. thank you very much for joining us. now, let's get some more analysis from our legal and political experts and paula

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Smerconish

expected, but as we've talked about at this stage, given everything that the whole process that the sides went through, i think this is going to be a fair a neutral jury, and they're going to render it store verdict one way or the other. >> alan turkheimer. thank you. ellie. as always. excellent. thank you, man thanks. >> michael. >> thank you what are your thoughts? >> hit me up on social media. i'll read some responses throughout the course of the program from the world of x, michael as an attorney, would you put your client on the stand? this client is uncontrollable okay. i mean, you know that he thinks he's his own and there's an adage about this, about the fool who has himself, who's a lawyer for our client i didn't say that correctly, but i think you know what i mean? but he's he is a very difficult client i would. at all costs not won him taking the stand in a case like this. and if he insisted on it, i'd probably want to create a record so that i was protected and he couldn't later say that my counsel was ineffective

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MAFS Australia season 11: Which couples are still together after cheating scandals?

Warning: spoilers ahead. MAFS 2024 has been packed with drama - from cheating scandals to breakup bombshells - but where are the couples now? We find out

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Trump Trial Today

lawyers can get into that if if that were to come up but the thing that all of those three categories of evidence but ellie described having common is they all concern his honesty, his truthfulness is reliability, right? the defamation is about him lying about e. jean carroll, the civil fraud cases about him lying about his financial assets, the frivolous hillary clinton lawsuit is about him being reckless with regard to the truth. all of those things, i do think would bear on a defendant's credibility if they took the stand if he takes the stand, do you think the judge will allow all that to come up? >> i think most, if not all, really very interesting, kristen, or why do you think trump is so insistent on testifying, taking the stand, even though his lawyers probably you're telling him don't do i'm not sure that he says early so insistent on taking the stand. >> i think he's so insistent on saying that he might take the stand and donald trump wants to control the media narrative. and if he continues to say that he might take the stand, there will be a whole will he won't he back-and-forth? i will remind you what this is not the first time that he said he's going to take the stand only to later changes mind say that his lawyers talked him out of it.

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