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Inside With Jen Psaki

from making or directing others to make public statements about any prost active juror or any juror in this proceeding. that's exactly what he did. >> it sounds exactly like what he just did. coming back to the gag order, there's a hearing this week. we are trying to understand, there are 12 jurors and its alternate. what happens if seven of them do remove themselves from participating as jurors in this trial? what happens then? >> well, if that happens, you have what is called a mistrial and you have to start again, but i want to just underscore a couple things. jurors in this city, i am in new york right now, they have rendered verdicts with respect to organized crime, leaders with respect to terrorists, i think that people should not

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Morning Joe

selected and between that and the time that the trial actually begins because, ordinarily, nothing happens during that time. but in this case, you have an example where a juror goes home, they start really thinking about their duty and what this is going to entail, they come back and say, you know what, i don't want to do this anymore. by the way, that's also something that happens from time to time. i've had it in organized crime cases. you have jurors who come up to the judge and say, i'll do anything. please, i do not want to be on this jury. i'm afraid. that's not obviously the same situation here, but you do have jurors who are going to have second thoughts. the question becomes, will six alternates will enough to cover this trial? i hope so. but if what we've seen so far, if that's the rate of loss of jurors, two before we even start the trial, that could be a real problem. that could lead to a mistrial, which in, i think, the defense's view, is a win. even though it doesn't mean you start the trial again in a year or something like that.

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Velshi

selection. let's push it off and by then there might be more gag order violations and we can probably consolidate it. tomorrow is the day. jury will get instructions in the morning, this general half hour of instruction and then we get to opening statements. they will not be as long as people may think. this will not be an all-day affair. look for people, the prosecution to only take a be an hour and maybe the defense even less because opening statements are really just a preview. you are talking about the facts you to hear. you don't argue your case. you don't get to do anything other than really offer a factual description of the case. usually in the future, you will hear testimony. but this is also important to note the jeopardy is attached. the jury has been sworn in. though not really, defense attorneys are quick to point out if there's a mistrial, that is not a double jeopardy

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Velshi

like this. i have to get off this case. so yes, juror attrition is something everybody is concerned with. a mistrial does mean a retrial, but it does also mean a delay. >> jennifer rubin, the trump team asked for permission to not be in court on thursday, because donald trump has got the supreme court oral arguments. judge mershon said, very important that you are involved in a supreme court case. i would imagine that you would miss that but this is a very important case, too so you are not the mike white either. that said, there are different things attached to each of these cases but that there is a hearing, the oral arguments on whether donald trump immunity is a massive deal. >> absolutely. first of all, judge merchan is put -- imposing on trumps something he's not used to and that is roles. he is not allowed to stand up and leave the court as he tried to do. he's not allowed to grovel. he is not allowed to threaten people. that is why donald trump is very put out these days because

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Velshi

situation. mistrial is very real concern because we have already had your attrition and opening statements haven't even begun. >> how do you fix that? how much attrition can you have? there are 12 seated and six alternates, that is the maximum you can have in this kind of case. >> right hear if you lose a juror, and alternate steps in. i think if the court could've had it, they would have 35 alternate jurors because look, we have already burned through jurors and opening statements have not happened. you do lose jurors during a trial for all reasons. sometimes they don't follow rules. i lost a juror because he kept falling asleep. they get tossed. that rarely come i can't think of an instance where a jury gets selected and they change their mind overnight, before the trial actually begins. what if we get more of those. what if this horrific event that happened at the end of the trial on friday, a man letting himself on fire, raised security concerns. >> or just peers. >> they come in monday and say, this is crazy. i never imagined it would be

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CNN Newsroom Live

trump trial runs out of alternates would be up to the defendant whether or not he would want to consent to a verdict with 11 jurors, but i don't believe that he would do that in this case. >> and you would have a mistrial the alternate are always important during the actual trial, but don't join the final deliberations unless they're needed. >> what happens if a regular juror has to leave the case during deliberations. >> what happens then is the real jury has to basically start over their deliberations. they have to deliberate as though they hadn't done the deliberations they'd done with the first with the original juror and start over with the alternate juror. >> what's the best advice for an alternate juror? trial consultant leslie ellis says, try to forget you're an alternate, participate in everything you can with the other jurors, pay attention to every bit of the evidence pretend that you're one of the first 12 because you very well may be at the end brian todd, cnn, washington and you can watch cnn's special coverage of the trump hush money trial monday at 9:00 a.m. in york,

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Inside With Jen Psaki

he is desperate right now facing 34 different counts in this tryout that really opening statements begin tomorrow. 34 counts. that is g like taylor swift new record has 31 songs. he has even more. >> pop culture reference. >> absolutely. the strategy is to try opto remove as many jurors as ve possible. he has to remove seven in order for a mistrial to happen. he probably isn't going to get there, but if he can get rid of a couple like the ones that are the most likely to convict that is what he is aiming for. it is absolutely a violation of the gag order. trump is barred from making or directing others to make public statements about any bo prospective juror or any juror in this criminal proceeding. that is exactly what he did. >> sounds exactly like what he just did. i want to come back to the gag order, but they are all trying

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Inside With Jen Psaki

to understand. 12 jurors. six alternates. what happens if seven of them do remove themselves from participating as jurors in this trial? >> if that happens you have what is called a mistrial where you have to start again. i want to underscore a couple of things. jurors in this city. i am in new york right now. they have verdicts with respect to organized crime. t leaders with respect to terrorists. i think people should o not underestimate the fact that jurors are going to do their ng duty. it is shocking to me that we are having this conversation right now about the former leader of the free world, but we are joining other nations that have done exactly the same

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Alex Witt Reports

and talk about their interactions with trump but nothing is a slamdunk. you have 12 jurors. trump does have arguments. he is a little bit removed from the actual records that are alleged to been falsified. connecting into that, he could claim you didn't know about it. whether he gets one juror to buy that i have a mistrial, that's possible. >> yes. let's see. david michael cohen, maybe stormy daniels. who do you think would be the most effective witness for the prosecution? >> well, i think michael cohen is going to be the most important one. he was trump's fixer. he was right next to him. he pleaded guilty to federal charges for this hush money deal and another ones. he obviously has credibility issues because of that. he also is the one who's going to be able to tell the story. david is hugely important because he knew trump going back to the 1990s.

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CNN Newsroom With Fredricka Whitfield

exhausted. >> it was pretty draining, pretty emotional and that juror didn't even know she was an alternate until the end of the trial in some cases, the judges purposely don't inform the jury which of them are alternates and which are regulars until they start deliberating so they don't have that issue of knowing. >> i might not have to deliver aid. do i really? planning to listen to this? >> there are six alternate jurors for trump's trial, while that may seem like a lot for a complex and highly charged case, it may not be enough all right. he appears to have pulled the gloves off, council during oj simpson's lengthy murder trial, ten regular jurors were dismissed for failing to disclose something allegedly passing a note or considering a book deal, or simply telling the judge i can't take it anymore ten alternate took their place. what happens if the trump trial runs out of alternates would be up to the defendant whether or not he would want to consent to a verdict with 11 jurors, but i don't believe that he would do that in this case. and you would have a mistrial. >> the alternates are always in court during the actual trial,

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