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The Sunday Show With Jonathan Capehart

evidence and applies the instructions of law, as judge merchan gives it to them, i am fairly confident they may end up convicting donald trump and may do it in a new york minute. >> jurors have already had to worry about their identities being leaked, a couple jurors have been asked to be removed, might we see other jurors ask to be dismissed? >> i feel like it's almost inevitable that we will have other jury bumps along the way. it's not that unusual, when we pick a jury, was in the jurors home for the night, they come back the next day to begin hearing opening statements. one or more of the jurors are like, you know what, i came up with some reason, some concerns, and i might not be able to sit and that happens all the time. you know, early on in the process, the judge, if those reasons are valid, can dismiss that juror and replace that juror with an alternate. because there are only six alternate seated, if we have an

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Americas Newsroom

prove his innocence. the defendant is also not required to testify. a lot of instructions to the jury happening right now. opening statements underway. and again the d.a. saying this case is about a criminal conspiracy and a cover-up. we'll be right back. i hear it all the time. people tell me they'd love to buy gold. but because it's gold - they think it must be complicated. it isn't. not with rosland capital. with rosland... the entire process from start to finish is built on one concept... one... keep... it... simple. rosland capital - a trusted leader in helping people acquire precious metals. gold bullion, lady liberty gold and silver proofs, and our premium coins, can help you preserve your wealth. call rosland capital at 800-630-8900 to receive your free rosland guide to gold, gold & precious metals ira, and silver brochures. with rosland, there are no hassles, no gimmicks,

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Trump on Trial New York v. Donald Trump

undermined the defendant's rights here. i thif it's a good decision for the prosecution even though they didn't get everything they wanted. >> yasmin, there's more on the judge's instructions? >> reporter: there is. let me give you some direct quotes so i can take you inside the courtroom, getting these instructions from judge juan merchan, walking the jury through this process. this is the first time for many jurors sitting inside this jury, and also, of course, the gravity of this case, what it's going to mean for this country, history making as we've been calls it all morning lon. merchan saying, what i say is not evidence. you must decide this case on the evidence. what the lawyers say at any time is not evidence. the defendant is presumed to be innocent. defendant is not required to prove that he is not guilty. one more thing, and this speaks to what you guys were just discussing there. the burden of proof never shifts from the people to the defendant. if they satisfy the burden of proof, you must find him guilty. the law does not require to

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Trump on Trial New York v. Donald Trump

payments that trump ended up directing that his books and records be doctored. so yeah, these are the witnesses you get in trials. you know, it's interesting to me, jose, if this trial in some ways is unique because it's the former president as a defendant, and in other ways, it's extraordinarily ordinary, right? these are how openings are done. this is how evidence is deduced, this is how and why the witnesses are ccalled. you can walk into any courtroom in america and hear the judge charge the jury with these sort of instructions before their opening statements and then you would hear these sorts of opening statements and you would see these sorts of witnesses in almost any criminal trial. what's different here is donald trump is the defendant. >> joining us now is former u.s. attorney and msnbc legal analyst, barbara mcquaid. they're obviously trying to get ahead of potential credibility questions around michael cohen, and colangelo saying cohen's

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BBC News at Six

hush money was election fraud, pure and simple, orchestrated by donald trump. the court will hear evidence from trumpet�s for my fixer, now sworn enemy, michael cohen. he will describe making that payment on mr trump's instructions. the defence will grant him, an admitted liar and convicted criminal, who is now obsessed with his former boss. michael cohen was earlier involved in paying off a playboy model, karen mcdougal, who also said she had an affair with donald trump. he even recorded a conversation with mr trump about the deal which the prosecution will use to show a pattern of behaviour. the first witness ros david peckerfrom the national enquirer magazine. he bought miss mcdougal�s story not so he could publish it but so he could suppress it in order to help donald trump's political campaign. mr trump is innocent until proven guilty, his lawyer reminded the jury, saying is innocent until proven guilty, his lawyer reminded thejury, saying his behaviour is not criminal, there is nothing wrong with trying to influence an election, it is called democracy. donald trump will be back in court tomorrow. this case is

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Trump Hush Money Trial

he never told his client. he just said, look, i need money for this, i need money for that. and you know, one of the witnesses is going the testimony this trial testified for the fence and he said that the money that was given to michael cohn was for stormy daniels end for legal fees. that's a reasonable doubt. >> so you've got to hang on these little reasonable doubt, to add to sin and put his ready together as you can for your closing argument. are there hold on one second. we're hearing more from the court. yeah. >> we're we're seeing just as the judge is explaining to them in depth what exactly their responsibilities are going to be. i mean, it's something that's kind of we know what happens when jury instructions are, but the fact that these are jury instructions being delivered for the jury. that's going to hear the first case, first criminal trial of a former president is remarkable in and of itself. and we are hearing from reporters inside the room that trump is looking over at the jury box as they are getting these instructions from judge more sean, he wasn't initially looking at them he was when it came in the room and then he wasn't and now

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Trump Hush Money Trial

their instructions from the judge. he is walking them through what they're going to see, starting with opening statements. he's explaining the prosecution will go first, then the defense. he's going to explain the burden is on the prosecution. in fact, there's many parts of this trial the defense doesn't even have to put on because again, the burden is that of the prosecutors. he's also going to talk often through how they should operate throughout the next five to six weeks. he's going to tell him not to talk to anyone about the case, right? don't read anything about the case. so this is going to be their mission statement. he's laying out what the job entails should take maybe about half an hour and then we're going to hear opening statements from both the defense and from the prosecution. >> that's exactly right. now. prosecutors will go first. and as i said, they're trying to re-brand this case from the so-called hush money case to an election interference case. and we heard one of the prosecutors last week layout that he's he wants to convince the jury that this is is it about so-called hush money. this is about the rule of law and whether trump broke the law in order to help

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Trump Hush Money Trial

witness named david packer is the tabloid mogul, who alerted the trump orbit. >> the daniels was shopping her story of a tryst with trump that's the first domino and the long chain of events that ended with trump facing 34 criminal felony counts today, let's get right back to anderson live outside the manhattan courthouse. anderson jake, thanks very much. >> i'm here. were seen as paula reid and cnn's kaitlan collins. i mean, it is a fascinating day here. paula, what do we expect just in the next couple of hours? >> well, you understand here's what should happen. we should see the jury enter the courtroom. sworn in, and then they'll get their mission from the judge. he will charge that give them instructions on the case. the burden for the prosecution. then we will get opening statements from both sides. they'll have these dueling interpretations of events seven, some odd years ago. now when it comes to the prosecution, they're not telling us who is going to do the opening. it also speaks so what are the security concerns around this case right now?

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Trump Hush Money Trial

his chances in 2016. now that we're going to go from the defense and the defense is going argue trump wasn't involved with paperwork at this level because they're going to argue that this is just a paperwork crime trump had people to handle invoices and such things for him also argue that michael cohen was trump's lawyer at the time in question. he was doing legal work for him and also then of course, they're going to try to completely undercut the credibility of michael cohen. >> we know that the prosecution company statement things about 40 minutes. defense says there's going to be about 20 minutes. the judge's giving the instructions now, which may be 20 there are so minutes. it's very possible. we could get the first witness before the stop, the break of this trial at 12:30. >> well, and that's certainly what the trump team expects that the first witness will be brought. now, it'll it's expected that the prosecutor shall bring their first witness. they will start asking them questions. it's not clear that today we'll get to the cross-examination where trump's team gets to ask whoever the first witnesses this will we do expect to be david as we were talking about earlier, the former publisher of the national enquirer, to be

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Trump Hush Money Trial

about the burden of proof and the judge's emphasizing that the burden of proof is always at the prosecutor. it never shifts to the defendant. and if the burden of proof is not met, the judge reminds the jurors that they must find the defendant not guilty arthur, i know you said that if you were on the trump defense, you wouldn't be looking for an outright acquittal. >> you'd be aiming for a hung jury. how would you go about creating that shadow of a doubt in the mind of at least one juror you know, again, you've got to really look at the law and what the judge is going to say in the closing instructions to the jury, you know, he just gave the opening instructors and the jury, but we have a good idea as lawyers, what the judge is going to say at the end so you look at what he's going to say at the end and you bring it to the beginning because it gives you so much credibility at the end of the case. >> when the jury's here again, what you said at the beginning of the case, out of the mouth of the judge, which they usually hold in very high

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