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Trump Trial Today

>> and donald trump's lawyers can get into that if if that were to come up but the thing that all of those three categories of evidence that ali described having common is they all concern his honesty, his truthfulness is reliability, right? the defamation is about him lying about e. jean carroll, the civil fraud case is about him lying about his financial assets, the frivolous hillary clinton lawsuit is about him being reckless with regard to the truth all of those things, i do think would bear on a defendant's credibility if they took the stand, if he takes the stand, do you think the judge will allow all that to come up? >> i think most, if not all, real, very interesting. >> kristen, or why do you think trump is so insistent on testifying, taking the stand, even though his lawyers probably you're telling him don't do it. >> i'm not sure that he's as its early so insistent on taking the stand. i think he's so insistent on saying that he might take the stand. donald trump wants to control the media narrative& if he continues to say that he might take the stand, there will be a whole will he won't he back-and-forth? i will remind you what this is not the first time that he said he's going to take the stand only to later

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Way Too Early With Jonathan Lemire

sentenced to time behind bars? >> i think the fact that the judge is talking about it is significant. the fact that there was one juror who said in a social media post in 2017 that he should be locked up, when judge merchan saw the post he said, look, the potential jail sentence here, there is a potential jail sentence here. i can't seat this juror. he's not saying, hey, jail is off the table here. he's not saying, oh, given what the crimes are, you know, this isn't something that is possible, like, it's very much possible. i think it is definitely something that trump should be worried about. >> look, we've watched the judge in this case be so careful around things like that, it makes sense that that would be something we point out here. before we get to talking about jail time, you have to unanimously convince this jury about trump's guilt beyond a reasonable doubt. why might that be hard?

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Way Too Early With Jonathan Lemire

juror selection process. it is a plain violation of the gag order. he's not allowed to make or direct others to make statements about jurors or prospective jurors under the order. >> isn't that part and parcel to them being delayed to get to the trial? as long as we're talking about the juror stuff, we're not talking about the actual case, right? >> right. i don't expect there to be a lot of back and forth on this. it'll be one of the first items taken up by the court, but there's going to be due process. you're going to have both sides have to brief this, but i do think that the judge is going to tell him to knock it off. i do think the judge will also tell him, take down the post while this is briefed, so he can issue a decision. and i expect you'll see sanctions. >> the other thing you've been saying, too, is the judge and prosecutors are openly talking about jail in this case, but if convicted, that are the chances the former president is actually

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Morning Joe

and provide a lot of entertainment. the question i have in the last minute or so we have is how this trial and its verdict could impact the slate of other trials that have yet to have dates set but certainly could happen in this calendar year. >> so one interesting thing that is going to come up, should donald trump testify, which seems unlikely unless he is going to go forward and cause chaos, but, you know, assuming if he were, the prosecutors have made a motion that various other lawsuits, verdicts in other lawsuits, should come up. he can be cross-examined about these other lawsuits, other liabilities. e. jean carroll, the civil fraud case, all of those will come back, and he will be forced to reckon with those if he testifies. as to the other lawsuits going forward, certainly any sentence

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Way Too Early With Jonathan Lemire

process gets under way in a new york city courtroom. court was off today, so today's session picks up after seven jurors were seated tuesday. five more jurors and six alternates must now be chosen. ahead of today's session, donald trump went on a tirade about jury selection yesterday, seemingly misunderstanding the rules for dismissing or striking potential candidates. trump writing, quote, i thought strikes were supposed to be unlimited when we were picking our jury? i was then told we only had ten, not nearly enough when we were purposely given the second worst venue in the country. under new york law, each side has an unlimited number for strikes for cause, but the judge presiding over the case, juan merchan, can decide whether or not the cause is worthy of a strike. because trump is charged with a class e felony, a lower level felony, he and prosecutors are entitled to ten preemptory challenges each for potential jurors they can dismiss. joining us to break it on down further is former deputy chief of the criminal division for the

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The Last Word With Lawrence ODonnell

legitimate way possible to avoid deciding whether the former president is disqualified. there are very, very few if any off-ramps that will allow the supreme court to avoid a decision in this case. indeed, i believe that there are none. section three at the 14th amendment simply could not be any clearer, that the former president is disqualified from the presidency. >> as we continue tonight's combined law school class and history class, we're joined now by david white, professor of american history and african american studies. he won the pulitzer prize in history for his book, frederick douglass, profit of freedom. he's also the author of several other books including race and reunion in the civil war, in america memory. and eric phoner joins us,

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The Last Word With Lawrence ODonnell

drop the case and nullify's prosecution. you don't even get into questions of candy pardon himself or anything like that. he's a much more direct route available to him. >> neal thank you very much for joining us tonight. really appreciated. thank you. coming up, the next big court decision coming defendant trump's way could come any day now, next week, the week after, from the federal appeals court and washington, d.c., considering don trump's unprecedented claim that a president cannot be prosecuted for any crimes that he committed as president because he was never convicted in a senate impeachment trial. don't trump's lawyer argued the donald trump could order seal team six to murder any and all united states senators who might vote to convict him in a senate impeachment trial. and he claims that is what was clearly intended in the impeachment clause of united

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The Last Word With Lawrence ODonnell

dame time is now >> don't trump is now facing four different criminal trial dates. the first trial date is march 4th and washington, d.c.. the federal prosecution by special prosecutor jack smith of alleged crimes committed by donald trump leading up to and on january 6th. the next scheduled trial date is march 25th in new york city, when men handed to tierney alvin bragg has charged donald trump with falsifying business records by making secret payoffs to porn star stormy daniels. the next trial date is may 20th in the southern district of florida for violations of the espionage act and illegal possession of classified documents. judge attorney has proposed on august 5th trial date in atlanta georgia in the election fraud conspiracy case against donald trump there but the judge in that case has not yet set the date for trial. on the civil side of defendant

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The Last Word With Lawrence ODonnell

live the longest in a life of defendant trump are probably the civil cases he is facing. he's facing multiple lawsuits by capitol police officers for injuries they suffered on january six. the verdicts in that lawsuit could cost donald trump hundreds of millions of dollars for each injury. civil julian washington d.c. returned a verdict of 100 and $48 million against rudolph giuliani for the defamation of two election workers in georgia. how much would a jury in the same courthouse return in damages to police officers who were nearly beaten to death? the appeals process in civil cases like that can, in effect, be endless. because once defendant trump has exhausted all of his appeals on the merits of the case, the capitol police officers, who might win massive judgments against him, could spend many many more years in

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The Last Word With Lawrence ODonnell

by, but i really think that is part of what they will have to look at. today, i just went and read some of the case, and i read justice john paul stevens incredible and unforgettable descent, where he predicted that the greatest winner of that case would be cynicism in the american people and not trusting judges in the future, i hope that they will not need john paul stevens dissent in bush v. gore. it >> andrew weissmann, what was a judge luttig talking about there saying, the supreme court will try to find a way to somehow dispose of this case without ruling on these central memes at the 14th amendment? >> here, this is what lawyers do. they take something seemingly simple and make it complicated.

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