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NBC Nightly News With Lester Holt

good evening, and we begin this evening with a milestone moment in a trial that will be full of them. opening statements set to begin just hours from now in that downtown manhattan courtroom in the historic criminal case against the former president. and tonight we're getting a closer look at the prosecution's roadmap here. just how they intend to prove their case against donald trump and who they intend to call to the stand. with the jury now seated, the defense preparing to counter each claim and the defendant, himself, turning the courtroom into a campaign stop. yasmin vossoughian starts us off. >> reporter: just hours from now, a historic moment for american politics and the country's legal system. opening statements in the criminal trial against donald trump in new york. >> opening statements really just offer a preview of the facts to come. >> reporter: david pecker, former publisher of the "national enquirer," and a trump ally,

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Trump on Trial New York v. Donald Trump

and senior fbi official. chuck, i'm looking at the jury instructions. one of the things that judge merchan insfrukted the jury this morning is what the lawyers say at any time is not evidence. we're about to hear from the lawyers this morning in their opening statements. both sides had the weekend to prepare. what's the goal of opening statements? >> the opening statement -- and it's not an argument, ana. it's a statement. arguments are prohibited during opening -- is really roadmap from a prosecutor's perspective. he or she will be telling the jury what documents might be admitted, what particular witnesses might say. it's a promise to the jury of what they're about to see. if you were going to a movie, you might watch a trailer. the trailer would tell you what's in the movie. in this case the opening statement is the trailer for the trial. it tells you what you're going to see and hear. from a defense attorney's perspective, they can do a couple of things. caroline made the point earlier

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Trump Hush Money Trial

finally, they're going to say donald trump's motive here and paying stormy daniels was not to impact the election, but was to protect himself and his family. >> that's gonna be a really key point when you get back to as well, i want to go back to anderson in new york laura, ellie, thanks so much. i want to bring in judge joan khan visor. she's a recently retired judge, is known judge, one more, sean for more than 15 years you i've listened to countless opening arguments. >> what what's the most important thing for opening arguments for both the sides today well, interestingly, an opening statement is really the first time i'm jurors get a chance to understand the meat and potatoes of a case. >> and so it is important and there's an adage that people remember best that width which they your first and last. so an opening statement really does provide a framework, a roadmap for what the evidence will show. the people do go first, they'd give the first opening statement because they have the burden it is up to them. >> as let's just listening to to fear, it's everybody knows

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Trump Hush Money Trial

Trump Hush Money Trial
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Trump on Trial New York v. Donald Trump

president trum's defense was more emotional, a lot of ad-libbing. there was -- not chaos, but a lot of kinetic activity when prosecutors started objecting to the opening statement. the judge called multiple times for counsel to approach the bench and discuss those objections. just two very different ways of presenting the case to the jury. we got a real roadmap as to how this case is going to do. >> rachel, one of the things i keep hearing aboutnd reading about is how complex this actually is, when you want to make the dots to go together, for some people it's not going to rise to the level in their mind of a crime. it's up, obviously, to the prosecutor to make that case this isn't just about hush money, but here is why this is a felony offense under the law. did they do that? what was a clear, cogent story

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CNN Newsroom With Fredricka Whitfield

donald trump. what needs to be established in tomorrow's opening statements? >> well i'm glad you called it a statement because some people erroneously call it an opening argument. it is not an argument. the opening statement is the first time that the jury gets to hear from the lawyers aside from jury selection. so the opening statement is a roadmap for the jury in an effective opening statement pigment tells a story. why? because everybody loves a story. so the prosecution will go first, followed by the defendants. trump's lawyer they don't have to give their opening statement right after that they can wait until the entire prosecution case has done. it rarely happens that way, but it could so what's critical in the opening statement is that the lawyer who's giving the statement to the jury has to read the room maimed. the goal is to persuade to persuade the jurors. so if the jurors eyes start to glaze over if there's yawning and fidgeting the lawyers losing

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CNN Newsroom With Fredricka Whitfield

complicated scheme to defraud the voters of the information they needed before the election and the taxpayers of new york for the income that they might get if this was properly reported on their books and records. >> so how important is it going? is it going to be for prosecutors to also use this opportunity to kind of teach the juror or some of them may not be very familiar with business or what's permissible, what's nfa? a call at what's illegal. so they're opening statements might also be an opportunity to kind of teach them what the roadmap will be or will they be saving that for later? >> no i think that is exactly what i would do where i try this case. i'd want to say, ladies and gentlemen of the jury let me tell you what this case is about. let me educate you about the facts of this case with this scheme was what its intention was, how that intention was accomplished and

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CNN Newsroom

crime. and the jury has now been set 12 jurors plus the six alternate it's michael you were a us attorney for several years, given your experience, what are you going to be listening for during those opening arguments tomorrow? >> yeah well. i'm glad to be with both this opening statement is really a time to connect with the jury and what you don't want to do as a lawyer is over-promise, are oversell your case because at the end of the de that gives the other side the chance to say, well, mr. smith told you he could prove this, but he's not done that. so i really think there'll be trying to bag to trap a little bit to keep the jurors interested. i think they'll try to give a roadmap for what their evidence will be. and they may talk some about some experts expected defenses that they may here are expecting to hear at least from witnesses for the defense if if in fact they put on witnesses. so it's not going to be it's it's not hi evidence juries are told this is not evidence, but they do listen to it to try to have some relationship, i

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CNN This Morning Weekend

fairly quickly and then hit the battlefield fairly quickly as well, guys. >> all right for pike in fours there in kyiv. thank you for it opening statements and former president trump's criminal trial are expected tomorrow in new york, it is the first time in us history that a former president is facing a criminal trial, joining me now to discuss cnn legal analyst and former us attorney michael moore. always good to see you thanks for coming in. it was pretty quick the process of getting there jury 12 jurors and six alternates. >> so the openings are statements are tomorrow. >> what will you be watching for? because you say it's really an art and they're going to have to find ways to really hook the jurors yeah, it is good to be with you here on set. >> so the opening statements really are the roadmap that the lawyers layout for the jury. >> it's important that they both maintain their credibility. in other words, you don't tell the jury things about the case that you can't prove or you're not going to produce at trial at the same time that you give them enough information to basically made

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CNN This Morning Weekend

them to remain interested in the case. i mean, you think about things like recency and primacy and frequency. this psychological theory. and that is you want to tell the jury things early on. so this is an important statement. this is important. you want to tell us what i'm going to, what i'm going to show you during the course of the trial. and then you're going to do that. and then at the andrew go say, by the way, remember that i told you at the open statement that i was going to be able to prove that we showed xyz so it's important, again, you don't really, it's not evidence that the jury can consider, but it is the roadmap that they'll follow throughout the trial. >> got it. okay so now before the opening statements began, i understand judge, mission is expected two rule on what prosecutors will be able to ask trump if he does indeed testify and they're asking what exactly is it that they're asking because they want to bring up past civil lawsuits. >> that's right. i mean, so there really looking for information and to know how much they can impeach him on things that have happened in the past and whether or not they can bring in evidence about his character of

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