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Trump on Trial New York v. Donald Trump

todd blanche will give the opening for the defense, a former federal prosecutor, white collar defense lawyer. "new york times" notes this will be only his second criminal trial as a defense lawyer. how do you see trump's legal team. >> the key with trump's legal team is they're really there to come up with as many distractions and diversions as humanly possible. i think that's the biggest thing we'll see from them. as folks were saying a moment ago, the prosecution's job is to keep things simple. the defense's job is to try to make them seem as koven confusing as possible. the defense needs to make sure they have at least one juror who can't quite get themselves to think that trump is guilty. >> blanche also previously worked with alvin bragg, the district attorney in this case. tristan, does that give him any kind of edge? >> it would defend on what the

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Trump on Trial New York v. Donald Trump

trial. by the way, jose, i never refer to it as a prosecutor as a story. stories are fiction. this is fact. >> let's go back to vaughn because, vaughn, the jurors are hearing about another person who could be an important character in all of this, potential witness for the prosecution. fill us in. >> reporter: karen mcdougal, a former playboy model who is alleged to have had a ten-month affair with donald trump. she was paid in 2016 as well $150,000 to keep her story silent as part of this alleged catch-and-kill scheme. she was paid directly by ami, which david pecker was the head of. karen mcdougal's story is different from stormy daniels because donald trump nor michael cohen ever actually reimbursed karen mcdougal -- i should say ami for that $150,000 payment.

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Outnumbered

me. i started listening to this. by that matters is the last hour, what i learned from a former federal prosecutor is that you've got a couple of liars that are witnesses in this case. michael cohen being one, david pecker according to my guest also one of those lawyers on the stand. we are going to watch a person who was accused of doing that catch and kill where you get a negative story during your campaign and you pay somebody some money to speak about it, and you never publish that st story. >> kayleigh: potentially hearing from michael menotti who has a less than sterling reputation is a 12-year sentence. a lot of characters. as i'm watching this report, it occurred to me, the democrats thought this would in meyer trumpian negative coverage, a salacious story that people could grab onto. we are hearing what david pecker said via a reporter. we will hear what any of these

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Trump on Trial New York v. Donald Trump

had to lie on your books and records, you had to falsify those records, and that's a crime. so picking a theme, sticking to a 'em that, keeping it simple. these are all standard prosecutorial tools. now, whether or not it works, that's not going to turn on the opening statement. that's going to turn, of course, on the evidence introduced at trial. this is precisely how prosecutors do it. i was a prosecutor for a long time. i tried dozens of cases. i would love to think i won most of those cases because of advocacy. that's not true. you win a case or lose a case in a court of law because you have evidence. so the opening statement is only a preview of that. the evidence will be what matters the most. >> right now we're reading from this document and the reporting coming out of the courtroom that colangelo presenting the opening statement, is actually reading from part of the indictment to the jury.

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Trump on Trial New York v. Donald Trump

in the access hollywood tape to the jury, he said he didn't know he was on -- and he's also mentioning hope hicks, so these are some of the characters that we will be -- and incidents that we'll be hearing, even though the video is not going to be shown, but the transcript is available. >> yeah, everybody please stay close. i want to bring into the conversation here robert gibbs. he is a former obama administration aide as well as matthew dowd who is with us right now as well. robert gibbs, is former press secretary in the white house and matthew dowd worked in the bush/cheney administration. matthew, let me start with you. take us back to 2016. that is what the prosecutor is doing right now before the jurors, and just the setting of what they're calling this conspiracy to conceal, this information from the voters, what do you think this -- this was -- what was happening inside

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Trump on Trial New York v. Donald Trump

>> and we understand that the prosecutor has wrapped their opening statement? >> reporter: the prosecution after 45 minutes and 30 seconds has wrapped up their opening statements to this jury here, making it clear, quote, donald trump is guilty of 34 counts of falsifying business records in the first degree. the prosecutor telling the jury, tune out the noise, focus on the facts. focus on the logical inference that follows from those facts. focus on the evidence, listen to that testimony. at that point, todd blanche, donald trump's lead attorney then stood up and has now just begun to make the opening statements. i want to read you the beginning here. good morning, your honor, president trump did not commit any crimes. the manhattan d.a.'s office should have never brought this case. he is just beginning these opening statements so i want to make sense of them here before we go further. we should make it clear here that todd blanche indicated he was prepared to deliver about 20 minutes of opening statements here. he intends to make forward to

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Trump on Trial New York v. Donald Trump

specifically, i want to read you a quote from todd blanche on behalf of his client, donald trump, to the jury, quote, he's also a man. he's a husband. he's a father just like me. for todd blanche presenting his defendant in a much more sympathetic light here. i want to read some other quotes from inside the courtroom. quote, he's in some ways larger than life but he's also here in this courtroom doing what any of us would do, defend himself, and he said that we will call him president trump out of respect. it's the office he's running for right now as the republican nominee. we are waiting for todd blanche to get to the specifics of this case here, but he is so far outlining donald trump as somebody who is unaware that any crime, if there was a crime, would have been committed. todd blanche specifically in response to the prosecutor's time line and 45 minutes of opening statements says, quote,

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Trump on Trial New York v. Donald Trump

>> reporter: again, there are a lot of big question marks, exactly what the prosecution was going to try to argue about donald trump's knowledge ahead of the 2016 election about the payment to stormy daniels, and we can tell you now based off of prosecutor matthew ka lang low opening statements inside of the courtroom literally in the last 60 seconds, he directly says that michael cohen had discussed with trump the stormy daniels story, in october of 2016 and that those conversations led to donald trump being frustrated and acknowledging that he did not want the story to come out, that it would be devastating to his campaign. for timing purposes, this was just days after the access hollywood tape came out in 2016 when of course there were republican allies, the rnc that were concerned about donald trump going on to be the nominee over the course of that month.

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Trump on Trial New York v. Donald Trump

other news source. you must not google anything about the case or the people involved in the case. these are kind of some difficult things to ask anybody when you're leaving in this 24/7 world of this case. i'm just wondering, the prosecution has about 40 minutes -- announced about 40 minutes of opening statements, and the defense will have about 25 minutes they're saying. in that period of time, how do you put in all that you want to put in for a jury? >> you don't have to put it all. you'll have the opportunity to have the entire trial and tell your full story. there's a prosecutor's saying of slim to win. you want to have a slim, streamline case. i think the prosecutors will come in and let them know this is a pretty simple case. the evidence will show -- that's a line prosecutors say, the evidence will show. all you're doing is setting expectations. the most important thing you have to do in a trial is meet

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Trump on Trial New York v. Donald Trump

so this already is hitting at the core of questioning donald trump's credibility in the mind of the jury. >> i'm quoting the prosecutor here. he says to the jury, cohen's job was to take care of problems for the defendant. he was trump's fixer. together they conspired to influence v fluns the outcome of the election and pecker would ability as eyes and ears for the defendant and gather information that could be harmful and report that to cohen so trump could -- there's a dot, dot, dot, as people are trying to fill in the blanks here. what stands out to me, maya, how they're introducing all the characters that they will soon hear from, the jury will soon hear from. david pecker is somebody they're emphasizing early on. we've reported he's expected to be the first witness called by the prosecution. why would they start with him? why would he be the opening witness? >> because this is the movie trailer. central to the plot of this

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