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The Last Word With Lawrence ODonnell

they leave to the sound discretion of the trial judge. it's really up to him. he's the man on the ground looking at the evidence. so you see this act after act, where judges have found that trump has abuseed the legal process or that trump has lied. his lawyers are objecting saying these are facts that have nothing to do with this case and they couldn't come in and that's just not what this argument is about. because as adam has done a great job of laying out. the only thing the government could use these prior instances for, at least on cross- examination is to attack donald trump's credibility so that they can then argue to the jury, you shouldn't believe anything he told you on the stand. any defenses he said this man has lied in the past. and you should judge his credibility today in light of all these other times he's been less than truthful. that should be enough to keep him off the stand. but with trump, who knows. >> right. and joyce, as an attorney did

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The Last Word With Lawrence ODonnell

the sexual assault and actual malice. so the judge will give these rulings. he's going to put on record that he thinks it's fair game if trump plans to take the stand that all of these findings from years of litigation can or cannot be used to confront him and inform him to you know buyer be ware. if he decides to actually take that step. >> and joyce. the thought of being cross examineed about being repeated incidents showing you're a liar would be enough to keep most defendants from testifying. it know it would keep me off the stand. but what about trump? >> i guess that's the question here, right. i mean the job for the judge when he looks at each of these incidents, he has to determine whether the evidence has very important value for prosecutors. so much so that it outweighs any risk of undue prejudice to donald trump. those are the two equitys he has to balance. the courts in new york have said that's a decision that

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The Last Word With Lawrence ODonnell

a.m. eastern, just 30 minutes after opening statements kick off in his criminal trial donald trump's other attorneys will head just down the street to a different manhattan courthouse for a civil fraud case hearing that could threaten hundreds ofu millions of dollars in his assets. today new york attorney general leticia james asked the judge to void donald trump's $175 million bond in the case siting concerns that the bond company might not actually have the funds to back it up. leading off our discussion tonight adam a fellow at just security who is covering the trial for the last word, also with us joyce a former united states attorney and a professor at the university of alabama school of law. she is co host of the hash tag sisters in law podcast and an msnbc analyst. thank you for being here. all right, trump's claiming he will be a witness. the judge will rule monday

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The Last Word With Lawrence ODonnell

attorney general that it's not sufficient. so we could be back to the situation where trump is without a bond and a real threat for the seiture of his assets. >> monday is going to be a big old day. adam, joyce, thank you both very much for coming to the last word. and coming up i'm not sure what has been stranger about this week. seeing the first former american president face a criminal trial or reading the reports about that same former american president repeatedly falling asleep during his criminal trial. jennifer and michael will try to help me make sense of all of this. that's next. is some freakin' torque. what? horsepower keeps you going, but torque gets you going. what happened to my inner child craving love and acceptance? how about you love and accept this? p-p-p-p-powershot!

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Alex Witt Reports

still a possibility i will vote for him because politicians have faults. >> that is an interesting distinction. i will sit and think on that. thank you so much. joining in right now is ms nbc legal and assist, and coauthor of a stable genius. she is also a msnbc contributor. welcome, ladies. joyce, donald trump is contending he cannot get a fair trial in manhattan. of what you saw in the jury selection process this week, can he? >> reporter: this was a fast jury process. some folks have been suggesting it might take a couple of weeks. instead, it just took days. i think this was a fair process but it is a legitimate concern when you are donald trump and a public figure, can you get a fair jury? what we saw here was jurors who had some sort of anti-trump view

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Alex Witt Reports

any of these trials, four in total, prosecution as a witch- hunt. it is successful for him on the campaign trail. you will notice that he says he is being attacked but he says to his base, the prosecutors are coming after me, whether it be alvin bragg, fani willis, or jack smith. they're coming after me because they want to come after you and take away your rights and choice of president. it is you that are after. he has been successful and that messaging. it is an important part of his campaign. >> opening statements are set for monday, joyce. the government goes first. what will you be watching for? >> reporter: opening statements are the party's first opportunity to share their theory of the case. you are not permitted to argue the evidence but you can predict what it will look like. especially from prosecutors, we

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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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Ana Cabrera Reports

if he were to testify, and these are some prior court determinations that are further evidence of that. >> joyce, vaughn just ticked through the long list of potential areas of questioning that the d.a. has signaled they want to discuss if trump does take the stand, everything, again, from e. jean carroll to the civil fraud trial to other legal matters. does everything on the list that we know of sound fair game to you? what do you think the judge is likely to do? >> so the judge will have to balance the evidentiary value of this material to the prosecution against the risk of undue prejudice to the defendant. and the courts in new york have said that they leave those determinations up to the judge's sound discretion. he'll only be reversed on appeal if there is a conviction, if he abuses his discretion. so we can expect to see him go carefully through each of these incidents. ana, it's important to note here, this isn't evidence that

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Ana Cabrera Reports

very relevant issue. but look at the substantive areas where he has been found to be civilly liable. one has to do with misconduct in business records, which is a big issue in this case, and the other has to do with a defamation case based on sexual assault, which is relevant, perhaps, to the stormy daniels allegations as well. i suspect what the judge is going to do is he is going to allow some of that in, and he may say you can't get this in unless donald trump opens the door in his testimony and makes it more relevant. so it's going to be a tough decision for the defense. >> carol, vaughn, please stay close. joyce, thank you so much. turning back to the middle east and the other breaking news this morning, israel's retaliation against iran, does this upend the diplomatic order? also ahead, the growing republican rift over foreign aid that could potentially rip the house in two and spell the end of speaker johnson's time with

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Ana Cabrera Reports

is out there saying -- and other witnesses saying things about donald trump, but the fact is there's no gag order against them. it's only against trump at this point. i think these are some of the factors that the judge has to weigh at that hearing he's going to have next week about whether donald trump has violated the gag order, and if so, how much punishment how old he be subject to. >> joyce, what do you make of how judge merchan has handled this process so far, particularly with trump's inclination to push the boundaries of what's allowed? >> there's been some concern about the lengthy period of time he permitted before the hearing will take place, but, ana, the judge isn't completely a free actor here. he's constrained by new york law. what the d.a. has asked for his criminal contempt, this is not civil contempt, and there's a provision of new york law that says that if the violation of the gag order occurs in front of the judge, then the judge can

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