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Trump Hush Money Trial

obviously, that was clear by the last six weeks of our lives and what we were watching with trump's team and what was playing out. he wants to protect this alternate juror for be able to keep them as part of the alternate group of jurors. and that's why you saying he wants to accommodate this first senate to end early. >> but here's the real news that is coming out of this. >> is this who is expressing concern about the media attention that these jurors are getting. obviously, the judge has since said that the media has to be careful that people in the courtroom have to be careful with how they identifying information for these jurors that we know where they live, what they do, what media they consume. there's a lot of information about them that we know. and i think what people walked into this going for jury duty to sit reporting, responding to a jury summons & a, realising the level of media attention that this case is going to get. the de as a byproduct of that are going to get and they're sitting in that room. donald trump is just a few feet away from them as they are going to be in this case. and obviously that is a concern for at least one person who was partially they've had the weekend think about it to kind of let it sink in the

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The Story With Martha MacCallum

appointment and we know that the former president trump would like to go to his son's graduation in a few weeks but he hasn't gotten approval for that. >> the juror had a toothache which anyone understands knows how hard it can be. so the judge can be closed early for the juror but that's immediately what i thought of. you said you could easily move the schedule for a jurors dentist appointment but you can't tell the former president of the united states that he can attend his son's high school graduation? come on. >> martha: you say that this judge you see is not treating trump, you know, any differently because of its former status as president of the united states? >> what has troubled but me in this case is no one is above the law, is a good sentiment of course we agree with that. but what frustrates me is there's a lack of balance with but also need to respect the fact this man when the 2016 election and represented the united states and was the leader of the free world has the president of the united states and that is -- respect.

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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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Trump Hush Money Trial

that first witness who can speak about direct conversations he had with trump. but just to note, as the judge, it's pointing to the jury how this is going to work, what they need to rely on, that it's not what he says that is evidenced. it's what the actual what is presented to them that is the evidence that they decide this on trump is in this room with the 12 jurors who are going to decide ultimately what happens here. and he's someone who the jurors last week because they're being brought in, were describing that he was waving and some of them and they is they came in. he was viewing this in the way that he does really the lens of everything right now, which is through this kind of campaign lens of someone who thinks he's his own best campaigner. izotova spokesperson, and his own best attorney relate and so we're getting these quotes from the judge right now, as he explains what the jury has to do, and he says that you must decide this case on the evidence. and he tells the juror is to remember that what lawyers say is not evidence. he says that evidence includes documents testimony physical evidence. it is the

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The Story With Martha MacCallum

courts. this is a show trial. president trump did nothing wrong and we firmly believe that the evidence is going to bear that out in court in the coming weeks and that any fair and impartial juror would see through the prosecution smoke and mirrors strategy here to really get at the facts which are completely and utterly exonerated of of president trump's conduct. >> martha: would like to see michael cohen on the stand and here's something he recently posted on x. he says, hey, and he uses expletives to refer to the former president. your attacks of me stink of desperation. we are all hoping that you take the stand in your defense. so why is he allowed to post things like that and the former president is an allowed to say anything about him under penalty of punishment? >> that's exactly how absurd this gag order is. witnesses like michael cohen can

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Trump Hush Money Trial

been involved in. now, of course, is unclear if trump will definitely take the stand. this is what called a sandoval hearing, where you get out of the way at the outset, what specifically it is that prosecutors can ask a defendant if he or she takes the stand. the judge revealing that right now is unclear what he has decided. of course, the other big news from this morning is that juror number nine said they had concerns about the media attention in this case. but after meeting with the judge and lawyers that juror has decided to remain on the case. >> all right paula reid. thank you so much. appreciate it. let's talk more about this case so first of all, explain again what the sandoval hearing. >> yes. yeah. sandoval hearing of the fancy way of saying before a defendant has to take the stand or as an option, take the stand. >> they get to know what you're going to ask them. are you going to go about issues? i do or do not want to talk about, it's all about what's called, what's probative versus prejudicial. >> and anything that they have to warn them about are just legal matters. >> well, it's it's basically a

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Trump on Trial New York v. Donald Trump

this is quite the story. even though all of us here know it, we've talked about it, but if you're a juror sitting there, you heard about sex and a cover up and back room deals and payoffs and now david pecker, the guy at the helm of the national enquirer, somebody who had done this on a number of occasions, who was central to the case that the prosecution is making talk about what is likely the importance of what we're hearing right now on the stand in that manhattan courtroom. >> it sets the stage and the prosecutor in the opening statement basically started off with that trump tower meeting. where michael cohen and trump and david pecker had this agreement where david pecker would be the eyes and ears of the campaign and look out for those negative stories. give cohen a heads up and try to suppress it. so it's important he is the lead off witness because it sets the

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Trump on Trial New York v. Donald Trump

their side so because of that, their strategy is going to rely on trying to muddy the waters and make this confusing for the jury to sort out. at least one juror says i don't understand why we're here and i expect you're going to continue to see that sort of work and theme advance by his defense team. >> now we're starting to hear names that may not be familiar to folks. back to vaughan who is outside the courthouse. the name dylan howard came up. tell us about him and why he's important. >> reporter: he's another individual we should expect to be a witness called to the stand in this trial. dylan howard was working as the editor in chief of the national enquirer as all this unfolded in 2015 and 2016. he, per the prosecution, was engaged in prosecutions between david pecker, michael cohen, as well as donald trump. particularly around the stormy daniels payment and arrangement in october of 2016, david

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Trump on Trial New York v. Donald Trump

in your hearing, understanding that rachel maddow has more of an understanding of this case than the average juror might, but one of the things that many prosecutors have told me over the years is, my job is to go and tell a story that's going to set the stage for the jury to believe and understand why i brought these charges. that simple. >> reporter: yes, and that is absolutely what you saw today from the prosecution. i don't know what the jury will ultimately decide. we don't know how the evidence will be presented. we don't know which side will be compelling in the minds of these 12 new yorkers. when the prosecution got up today, what they said was, without equivocation, without caveat, without parenthetical phrases, they said this was this kind of a crime. this is how we know he did it. this is what we're going to show you about how he did it. there's going to be absolutely no doubt in your mind. it's going to be beyond a reasonable doubt in all of your

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Trump on Trial New York v. Donald Trump

cross-examination. they don't have to prove anything at all. buns you start making guarantees to the jury, even directly by saying this guy is a liar, we're going to show you shouldn't be believe him for this reason. the jury is going to expect you to deliver on cross-examination with these witnesses, especially given that you've got two lawyers on this panel and they know all the lawyer tricks themselves. i'm very curious to see whether or not they'll be able to pull this off. i'm not confident that they can. >> paul, something that david just said made me remember one of the last instructions that the judge gave to the jurors, and it was, you can tell your employer you're a juror, but you may not talk about this case. we all know this, right? you must report back to me if any person makes an attempt to speak to you. do not listen to any accounts of the case on the radio or internet. do not do research at the library. you must not google anything about the case. in your experience, how difficult is that for the average juror? and just by living life and

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