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Sunday Night in America With Trey Gowdy

minutes you were tberso membersh the jury watch everything, even if a defendant does not testify, y arthey are watching how ae defendant reacts, conducts himself or herself to what advice would you give for there former president and howsi tonc comport himself once the jury it in the courtroom and they areath watching him? >> to th e extent he can sitting at the council's table, i would suggest he appear engaged, which whihe always is, polite and tha s you know theya will like and feel comfortable with. i think it is important for him not to do anything that can beao perceived as intimidation. anything that can be perceived as rude or abrasive. he wants to be as likable as he possibly can. givepon how him personally i thk is unfair this whole procedures and they gag order remainsor imposed against him yet, not what michael cohen who has a podcast who can do interviews

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Trump on Trial New York v. Donald Trump

asking one of the attorneys to tell todd blanche something. blanche is the one who is giving the statement, the opening statement for the defense team right now. so maya, it sounds like a lot of this is very sort of off script as to how opening statements go. first question, why would there have been an objection. >> they are trying to paint this sinister, it is a crime, entering into a nondisclosure agreement is perfectly legal as something that the prosecution had objected to. >> i can't get in the mind of the prosecution here. i completely agree with temidayo, it's not a common thing to stand up and object, but it sounds like they're getting very concerned about that/blanche is taking up too much of a role of the judge and telling the jury what the law is. it is only the judge that

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Trump on Trial New York v. Donald Trump

courthouse in lower manhattan. our legal panel is back, chuck rosenberg and caroline polisi. >> let's start with vaughn, bring us up to speed on what's been happening in court so far. >> reporter: we're a little bit more than half an hour into opening statements from the prosecution. they've indicated that they intended to spend about 40 minutes presenting their case here as part of their opening statements to the jury, and the biggest significance of the last five minutes is the fact that the prosecution is telling the jury that donald trump was aware in october 2016 of the arrangements to pay stormy daniels $130,000, and it is quite -- if we may take a step back for a moment, it is amazing that almost nine years later we are still learning details of what exactly took place in 2016. these details are clearly going to be presented by the prosecution with a litany of witnesses and evidence, but i

Court , Karen-mcdougal , Vaughn-hillyard , U-s- , Courthouse , Chuck-rosenberg , Caroline-polisi , Lower-manhattan , Panel , Prosecution , The-jury , Case

Trump on Trial New York v. Donald Trump

does, to protect his family, his reputation, and his -- i think there's a typo here, it says brink. you will hear about hush money payments from another individual. how do you make sense of this, temidayo sno. >> i think, one, it is not normal to object during someone's opening statement. as lawyers at trial, it has to be pretty egregious in your perspective to stand out. one, it's just as a professional courtesy. people do not look friendly on that. it can make you look weak. part of your job as a prosecutor is you want to exert strength to the jury. as prosecutor that is so important. i think for the prosecutors to object and to get overruled, that's not a good start there. if you're going to object, you want to stand on very sure ground. now, to this meeting between -- that merchan just called. it may be the fact that we're seeing multiple objections and he may be saying what's going

Payments , Family , Hush-money , Typo , Reputation , Civil-fraud-trial , One , Opening-statement , Lawyers , Someone , Individual , Sense

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 on Trial New York v. Donald Trump

and that very day, the next day, he wired $130,000 to stormy daniels' lawyer in what the prosecution is outlining is that this was at the direction of donald trump, an effort by michael cohen to conspire to influence the 2016 election. again, i say all of this is significant because donald trump, if you go all the way back to 2018 and ever since, he has obfuscated on his answer. but he back in 2018 after the initial story broke of the stormy daniels and michael cohen, $130,000 arrangement, in april of 2018 donald trump was denying he was aware of it and instead said that would have been a michael cohen thing. now what the prosecution is laying out in a clear time line is that they intend to present to the jury evidence and testimony that disputes that and that, in fact, donald trump was at the core of ordering this and coordinating the effort to silence stormy daniels and therefore, the reimbursement

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Trump on Trial New York v. Donald Trump

is directing this. he knows that he's directing it. that's the inference they're saying the evidence is going to demonstrate, and this is why i keep saying time is a witness because it's also the proximity and time, that point about right after two calls with donald trump, then michael cohen goes across the street and opens a bank account? and oh, by the way, you're going to have a transcript of an audio tape where they're actually talking about how michael cohen is setting this up. all of this both helps to corroborate the points that we know michael cohen is probably going to make but it's also to say look at all of this together and you can't stay away from the fact that donald trump is directly in this. that's what the prosecution is saying to the jury. >> and going back to intent, another key line from this opening statement by the prosecution is, quote, it was election fraud pure and simple,

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Trump on Trial New York v. Donald Trump

actual funds. i think they're presenting what they expect to be their counternarrative because they have to, and we'll see whether it's effective. >> blanche is now saying president trump had nothing to do with the invoices. he had nothing to do. he was just essentially dealing with a ledger like people deal with their checking account checks, and when you say the president had nothing to do with it, you're in a sense saying he can't be guilty of anything he didn't know about. >> yeah, they're saying where's the intent here? >> there's an interesting thing that one of the prosecutors did in jury voir dire, which essentially he was saying to the jury you understand, right, that, you know, if someone takes a contract out with a hitman to kill their wife, that person's guilty of a crime, right? i mean, that's sort of their way of saying, yeah, donald trump did not have to personally engage in every single act to

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Trump on Trial New York v. Donald Trump

on. let's take it away from the jury and have that discussion. it could be something that's happening as far as body lang, which we'll see. sometimes what happens is it might be the former president exhaling or he's been doing something else that the judge might be saying this is getting a little out of hand. >> merchan sustained this last objection. so there have been at least two objections, as far as we know, one was overruled. this one was sustained. asks for the past comments to be stricken from the record. >> there is more of this right? >> reporter: right. this is -- if you can forgive me as we're trying to track this in realtime and make notes as they come in here. this was ultimately, if you give me a second here. >> vaughn, as you're looking at that -- >> reporter: blanche says that, if you may pick it up. >> you make sense of it, and we'll just chat with our -- it looks like trump is also talking at one point with his attorneys

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Trump on Trial New York v. Donald Trump

and colangelo promising that the jurors will see evidence of just how concerned trump's campaign was about this story getting out there before the election. in fact, it sounded like davidson and pecker were in communications, a couple of the key players involved in this hush money scheme as alleged by the prosecution that davidson texted pecker on election night, quote, what have we done. what's your reaction to that? >> you know, i think it's interesting. i would have expected it almost working in reverse order here. what's odd about this crime -- well, not odd, but kind of the core crime we're going to be focused on happens first, which is the election interference, and it's months later where we kind of get to the boring documents here. i think what's interesting is that they're basically proving up this core election interference claim which has to do with '15 and '16 and the

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