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The Story With Martha MacCallum

The Story With Martha MacCallum
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Trump on Trial New York v. Donald Trump

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Trump on Trial New York v. Donald Trump

they win. sometimes the facts are horrible and it doesn't matter when you take the stand. this is a singular case. donald trump believes he can overcome anything or he may just think he has absolutely nothing to lose. he has the constitutional right to testify no matter what his attorneys tell him not to do. >> this is someone who in the past has said he's the expert on expertise. he, you know, is very conscious of the fact, for him, that he knows more than anybody else. do you think that's a possibility? >> it's a possibility. it will be determined by how well the prosecution's witnesses are. if the cross-examination of michael cohen is a dud, it might be a hail mary. if his lawyers say this is going good for us, why mess it up, so it's going to be determined on how well the prosecutors' witnesses are on the stand.

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Trump Hush Money Trial

what this is going to look like and what his team has been preparing for is their opening statement, which is going to be pretty short, pretty blunt, but they are trying to also charm and persuade these jurors just like the prosecution is trump for his part. his life is about to change when you walked that courtroom this morning for the next six weeks, we don't know what the outcome of this is going to be, what we do know that for the next six to eight weeks, potentially, he is going to be someone who sits in a courtroom who doesn't have a chance to respond in real-time in those moments as he is watching people who were incredibly close to him get up on that witness stand and say things that he disagrees with, that he contradicts, and things that are incredibly personal to have these allegations and these are people like hope hicks, his former top aide, and one of his closest confidants, michael cohen, his former attorney, david, who we may hear from today is going to be fascinating. this is someone that trump is known for decades. she used to publish a magazine called trump's style, and he may be getting on the stand to talk about trump's direct involvement in this agreement. >> he could be a critical witness in all of this. david,

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Trump on Trial New York v. Donald Trump

you should question the credibility of. but instead, they focused on what the actual charges against donald trump are. and they were the falsification of business records. and donald trump's attorneys making clear to the jury that donald trump did not commit a crime and this was an issue over a business ledger and donald trump, in fact, as the ledger shows was just paying michael cohen, not to reimburse stormy daniels but for legal services. all of this will lead to tomorrow when david pecker is expected to take a stand again. notably also the gag order hearing tomorrow morning. the prosecution has asked the judge to punish donald trump for violating the gag order. notably when donald trump left the courthouse today, what did he do is this he attacked one of the witnesses, michael cohen. this will come down to the determination of judge merchan over whether donald trump actually violated the gag order and any consequences that may follow. >> vaughn hillyard, thank you so much. joining us now, former assistant

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Trump on Trial New York v. Donald Trump

christian, and critical defense attorney and msnbc legal analyst, danny cevallos. let's talk a little bit about, i don't know, let's play games. when we're talking about the possibility of donald trump testifying, he has said in the past just recently that he wanted to testify and today they talked about that possibility and what that could mean for the case. what's the any positive aspect for trump to testify? >> for centuries now, criminal defense attorneys have always been risk averse, and ordinarily, it is just too risky to put your client on the stand. they never know as much as the prosecutors and there are tons of bad things that can happen. after all, once the jury loses faith in a particular witness including your client, and they don't believe him, then you're pretty much sunk. but i happen to think x i'm sure i'm in the minority, there is a decent chance that donald trump will testify. number one, he believes he is smarter than anyone in the room.

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Trump on Trial New York v. Donald Trump

announced his president, which david pecker met at trump tower with michael cohen, and donald trump, to find stories that may come out before the 2016 election, salacious ones like the ones of stormy daniels, purchased the stories and ensured their silence so that they never got to the public before the 2016 election. and then in 2017, that donald trump knowingly was reimbursing michael cohen for that $130,000 payment to stormy daniels. the prosecution made it clear they're going to have a litany of witnesses from stormy daniels to michael cohen himself. david pecker, he took the stand for just over 30 minutes. he is expected on the stand tomorrow. on the other hand, the defense laid it out in a different way. starting out right at the top with the declaration that donald trump committed no crime, and you may hear a salacious story from the likes of michael cohen and stormy daniels who donald trump's defense made clear that

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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

number two, criminal defense attorneys will tell you their clients in white collar cases, i don't know why, but very particular to white collar cases, they believe they have an explanation for everything. they believe the prosecution is a big misunderstanding and if they can just take the stand, they can clear up all of the misunderstanding. it is a dangerous way of thinking, and arguably it's a way of thinking that made them white collar criminal defendants in the first place, so because donald trump has an absolute right to testify and because he may view this as a lost cause anyway, and may use it as a pulpit for a broader audience than the jury, we might see donald trump testify. part of me is doing this because everybody is betting the other way, and i want to make it interesting. >> you really think there's a possibility? >> let's look at high profile cases recently. maybe things are changing. in a lot of high profile cases, criminal defendants are actually take the stand. sometimes they lose, sometimes

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