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Trump on Trial New York v. Donald Trump

opening statement. they could never stand up or put anybody on the stand, anything at all. it's the prosecution that has the burden of proving beyond a reasonable doubt and there's absolutely no burden on the defense. >> temidayo, jury instructions expected to take about 30 minutes. any surprises so far based on this sandoval outcome and anything else yasmin reported from the court this morning? >> no surprises. it's consistent. judge merchan is going to judge this case in a conservative manner. i think the prosecution asked for 13 bad acts, they're getting six. sometimes it actually can help the prosecution. prosecutors might have the instinct to go more aggressive. you want to crush that defendant. we've all been there. the judge sometimes can limit your case but it strengthens you on appeal. you go too aggressive, an appellate court might say you

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Trump Hush Money Trial

probative evidence and without it being overly prejudicial, because that's the balancing tests that he's talking about when he says that that sandoval gives him a wide latitude in terms of discretion and what he can do. the prosecution says these are all the things i want to talk about all the prior bad acts then the judge and then the defense of courses these we don't want you to talk about any of them. and then the judge balances it and says, okay, i'm going to sanitize some of them. so that's not overly prejudicial, but i'm going to let you talk about some of them because it wouldn't be fair to, for example, let donald trump get up there and testified that he he was not held in contempt in the judge and garan case. >> i'm going to throw it back to anderson who as far as i know, is the only person in the world who has interviewed karen mcdougal and stormy daniels and donald trump this told me that is probably the case i want to bring in stacy schneider. >> she's a criminal defense attorney& a former apprentice

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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

and that and the other, but i guess he didn't spend his own money very often. a cheap guy when it came to spending money, but this is i guess to get to the point he would not have spent $130,000 on this. yet his name is on the checks. so how do they get past that? >> it's going to be interesting. they thought about these things or if they haven't, they are thinking about they will. i think it's one of the reasons why we had the sandoval era and got a number of rulings from the judge about what they can ask donald trump about. should he choose to testify. and a lot of the things are about corruption. a lot of the things are about bad business records. so if you get on the stand and attempt to advance this narrative that i would have never paid $130,000 for someone for hush money, you're jeopardizing your own livelihood or your own freedom because you you've opened the door to these other things about how you've

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The Rachel Maddow Show

what is the sandoval hearing? when a prosecutor wants to cross examine a defendant about pryer convictions, they have to give notice to the defense and the judge will decide which one ifs any the prosecutors can question the defendant about. so, this happens and in a case like this, where you know you have a high profail defendant. there are strong feelings on both sides about him. it will be much more long. a proceeding. you had 96 people brought in. 50 of them self-identify. that is not shocking in a case like this. according to donald trump's lawyer, 80% of them should have self-identified and you only had in manhattan 50 out of 96. it is not bad. and the judge is moving along as fast as he can.

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The Rachel Maddow Show

the national inquirer publisher, and meetings can be brought in front of the jury. this is interesting stuff. when we have the sandoval hearing you were describing, would you expect that to also be for lay observers, an interesting thing about what is going to happen in the trial about the strength of the evidence? >> yes and what you will see is how fair the judge is. the access hollywood tape many of us have seen and we don't have to describe what donald trump said. he said that cannot be shown to the jury. it is too prejudicial. however, a transcript can be played or read to the jury. he also said that the deposition that was taken in the jean carroll case cannot be shared with the jury. again, too prejudicial. they will ask for a number of prior bad acts.

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Alex Witt Reports

past and he won't in this instant. sandoval is a 1974 case where someone was put on trial for murder but did other bad things. and the argument is you cannot bring up prior ask for the purpose to say that this person has a criminal character and committed this crime. but there are lots of caveats. so trump lawyers want to know what is the prosecutor going to get into if i put him on the stand. and the judge can tell you, here's what is off limits. however, it doesn't protect trump from bringing up things that the prosecution can come behind him and correct. because he will leave a false impression in the minds of the jury. the former president can get up there and say, you know, i would never disrespect a woman that way and i would never say something that wasn't true. you've opened the door to your entire history. there's a

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Alex Witt Reports

strategic? >> i think it is a good chance that it was strategic. and this will be an ongoing theme we talk about this trial. they cannot accommodate uncontrollable witnesses. one thing we saw happen during the first few days of this trial will come up because president trump -- the former president can open the door by making statements publicly that are not true that can go back to bite him in the courtroom. so his lawyers would prefer for him to say as little as possible from now until the trial is done.>> the first order of business tomorrow is the ruling on the sandoval hearing. prosecutors want to cross- examine him on the e. jean carroll defamation case as well as his 450 film dollar $450 million fraud judgment. >> this is a concerted witch hunt.

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All In With Chris Hayes

conversations you have with your client about whether it's going to go on the stand, pitfalls you need to be careful about and also in terms of your entire theory. typically you will have two or three opening statements written depending on what the judge is ultimately going to allow in after the sandoval hearing and if they're going to allow in certain evidence you need to be prepared to address that. the defense is really going to set the path in terms of how the defense and trauma forward. >> they have presented example of things like the e. jean carroll example. i think things having to do with civil fraud, what is the standard for by the judge decides what is the line? >> it's a balancing test. every defendant has a right to testify on his own behalf. but if he chooses to do that the jury has a right to know what that is.

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All In With Chris Hayes

defense attorney to talk about sandoval. when you have a client in your considering whether you want that client to testify in their own defense, what is a sandoval hearing and how does it figure into that calculation? >> the sandoval hearing figures into that calculation because basically it's going to set up a lot of the theory with which you are going to put forth to the jury because to the extent that your client wants to potentially testify, you have to be aware specifically of what they're going to be cross- examined in regard to prior conduct that may or may not be at issue in this case. to the extent that we are dealing with issues regarding e. jean carroll, to the extent we are dealing with issues regarding the case in front of judge ingle right now, you need to know exactly what the prosecution is going to examine your client on because that's going to dictate the

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