Earlier. The defense tried hard to undermine former National Enquirer publisher david pecker and upcoming witness, Michael Cohen. Trumps attorney, emil bove, a asking if he believed cohen was prone to exaggeration, pecker agreeing that he was the end of it all, the former president had this to say about the trials so far this is eight days that we all sitting in this courthouse. This is all bidenrun indictment its an order to try and win election political opponent nothing like this has ever happened eight days country is going to hell and we sit here day after, day after day, which is their plan well, the foreign president offer no evidence. Of course, who any of those claims. Theres no evidence that any of what he said is true. And im joining us tonight, new york criminal defense attorney arthur aidala, also attorney and former apprentice contestant stacey schneider, cnn Political Commentator earl lewis cnn legal analyst lets karen friedman, agnifilo and elie honig and cnns Kara Scannell, who was in the courtroom today. And well be going through the transcript for us throughout the night i want to ask this everybody for care of for you. What stood out today well, i had an actual Front Row Seat today, sitting just behind donald trump. And when david pecker was testifying, trump essentially maintain the whole the same addition the whole time. It would seem like it was a bit tedious or boring to him. He was just sitting back in his chair with his head cocked in the direction of david pecker. Its hard to completely make out his facial expressions, but when rhona graff took the stand, we saw his Body Language changed dramatically. You mean she was testifying pretty favorably about him . Their crossexamination by his lawyer. And he then had shifted his chair so we can look directly at her. And then when she was leaving the stand and happened to be at a break and he stood up, which is normal and it looked as though he was trying to move toward her as if to talk to her. But it didnt seem like they had made any kind of connection, but it was a long day in court and he seems to sort of just take it in listening, but not really even actively engaging as much as his attorneys as weve seen on other days where he was actively passing notes today, he just seem to be taking it in to you. What would stood out. So the banker, the third witness, is the least sensational miss that weve heard from, but also in my view, the most important because when people ask, well, wheres the crime . Its really important to remember because weve just spent a week immersed in Hush Money Payments and porn stars and payouts. The crime is in the financing. And now were finally getting to that this banker basically started to establish that Michael Cohen was eager to get this line of final dancing set up. He felt a sense of urgency and there was some need to be undercover about the way they did it. And its important to keep in mind, Michael Cohen is the prosecutions star witness. But they have to show he committed a crime because if the jury does not believe Michael Cohen committed a crime, its over. Theres no way donald trump committed a crime. Lets Michael Cohen isnt very easy to show. Michael cohen committed crime given he spent time in prison yeah, he pled to the federal offense, which is a little different than the falsifying documents, which is the state offense. The hilt say he committed a crime, so it wont be that hard. But you want to establish exactly how he committed the crime, which is through this financing and then tied donald trump right to that what do i think what stood out to me this week is the entire defense is starting to take shape, are starting to understand how theyre going to present their defense. And its largely through the peoples witnesses rather than going on the attack and going on the offensive against the witnesses that have testified so far, there sort of embracing the facts but saying yeah, these things happened. Yeah, there was hush money paid, but weve been doing that. That was being done for everybody, wasnt had nothing to do with the election. This is just a Business Model and this is how it went. This is essentially how david pecker made his money and i just benefited from it to soda but he had nothing to do with the election, nothing to do with the election interference. And the reason thats significant is because elys right, its all about the records, but thats just a misdemeanor. What gets it to a felony is if it was done in furtherance of some sort of other crime, like Election Fraud. So i thought that was interesting because sometimes Defense Attorneys will go on the attack and theyll really attack the credibility and say this didnt happen and there was a little bit of that. David pecker, but not a lot, just a few little, little things. It was really mostly, yes. This is what happened but nothing to see here. Its not a crime and they want me pecker has said that this was about the election i mean, he said hes also was concerned about his family, but the election was front and center. Yeah. He pointed out that more or less the family was at best a secondary consideration. I was really struck by the fact that even he had some limits. I mean, hes talking about a very unsavory pecker. Pecker, very unsavory enterprise paying people to to sort of buy their stories and then buried those stories are putting out proactively. I thought that was also interesting proactively putting out all kinds of false stories against trumps enemies. This was sort of a complete enterprise. But then to also hear him say that there were limits to that, that he didnt want to buy Stormy Daniels story. You know, he says im not the bank not going to be an endless source of money to buy off all of your mistresses are all of the people that you want to keep quiet. It was interesting to me that like even within this really distasteful enterprise that he was running, he felt like he had some limits and apparently had talked with some of the lawyers for the enquirer and was told, dont take that at extra step. This could actually have some reputational harm. This could be a problem for you somewhere down the line. And thats why Michael Cohen ended up dipping into his own resources. Stacey habit for him. What stood out . Well today is interesting for me because rhona graff took the stand and i know rhona graff from being on the show. She is the nicest woman in the world. I always wondered how she made it through more than 30 years working for a difficult donald trump. But she literally is his gatekeeper. She knows all his schedules. And even though Hur Testimony was really short, the prosecution is being strategic. They got in those nuggets that rhona knew that donald trump had Stormy Daniels and Karen Mcdougals Phone Numbers in his directory, rhona controls everybodys all the Phone Numbers that donald trump needs access to and the fact that stormy day and hills was in trump tower. She has a memory of her being there and regardless of what the purpose of Stormy Daniels being there was at that time, when you have Michael Cohen coming in, who the defense is going to completely argue as we all know, has credibility issues, placing stormy in the building, a Trump Tower Power is an advantage rather than just stormy and donald trump being in a photograph together, its sort of little nuggets that eventually i think will be tied up later in the case. So that was an enrollment was also a unionizing witness for donald trump incidentally, she was a prosecution witness, but shes affection about her boss and she always cared for him. And when Michael Cohen comes in, who is the most disgruntled former employee on the planet . The defense might remind the jury and closing statement that, hey, you know, donald trump is not hu Michael Cohen says he is. That might be a strategy well see, are there anything to prosecution . Or the defense is doing well karen has an enormous amount of experience and the other night or maybe less night, when i said theres an underlying elements of jury nullification, which is like okay, yeah, this all happened really, folks, are you really going to put this guy in jail for this for these crimes that youre not even going to understand when the judge reads the charge to you exactly whats going on here, and we just heard from mr. Pecker that it goes on all the time with celebrities at different aspects. Are they alive with Arnold Schwarzenegger was running for governor of the biggest state in the 90 states of america. Like this is underlying current and like karens point also, there are some times when you can attack and then theres other times when you like. All right, theres no way i could get around this right so let me figure out a way to adopt it and make it my own and use it in the way most beneficial to me. Because ill lose credibility with the jury if i tried to say that black is white and white is black but if i figured out a way to say its either black and i loved black or its white and i loved blight or its a little gray but not be this like a tucked dog. What i was quantity sq was Susan Nicholas question this witness, correct. What was because i know i you know of her shes like a mentor almost in that shes a very, very wellknown and well regarded criminal defense attorney. What was it like in the courtroom with having a woman stand up and conducting this and shes really a skilled lawyer, so im just curious if the dynamic changed. Well, the prosecutor who did a question was also female was susan and hoffinger who asked her the questions and she went through she was using graph to get in these documents because they havent had stipulations on a lot of the Business Records. So were going to see a lot of these document witnesses. But when Susan Nicholas took the took the podium and she was asking rhona graff these questions. She was leaning into the humanizing factor of donald trump. And at one point there are a few questions that she got in the prosecutors objected and the judge had sustained it essentially was like, okay, we need to move on to the next topic because she was drawing out this favorable image of donald trump through the eyes of rhona graff, qarrah, you been looking through the transcripts which we get them late very late in the day, what noted. On the hello crossexamination of david pecker today, the core of his hes a vehicle by the prosecution to set the stage and just talk about this august 2015 meeting in which this catch and kill conspiracy, as the prosecution has laid it out, began where he met with donald trump and Michael Cohen. So they were trying to go back to that meeting and suggests that it was just like business as usual, it was Standard Operating Procedure for the National Enquirer so Aiml Beauvais want to trumps Defense Lawyers had asked pecker on the stand. I want you i want to stick with the august 2015 trump tower meeting. Pecker says yes, beauvais says, at that meeting, the concept of catchandkill was not discussed, correct . Pecker said thats correct. They asked and then there was no discussion of a financial dimension to any agreement at that meeting, correct . Pecker said, yes, thats correct. So trying to say that there was no blatant conversation about a catch and kill in that im going to buy the deals now on redirect with the prosecution, they tried to put that back together with pecker saying i talked about either someone would have to buy the magazine story if it wasnt me, it was going to be using i was going to tell Michael Cohen and Michael Cohen was going to find someone who would take care of it so they put it back together. But this was a strategy by the defense, was that October Meeting in 2015 . Dean is important for the prosecution because thats really the origin of this arrangement that then move forward and we saw the results with the doorman and mcdougal and then later Stormy Daniels, even though National Guard in via Stormy Daniel story, right . Exactly. I mean, this is the beginning of the conspiracy and it was as pecker testified, if i had, it was Donald Trumps idea to have the meeting and that donald trump asked him, what can you and your magazine do for me . So this was the piece that trumps team was trying to chip away at, that they would have published a lot of these stories about trumps opponents anyway, because thats what the National Enquirer does. And it was good for business for them because they would benefit their readers was like donald trump, that was one of the things that came out and the testimony that they had prior to that meeting, they had already published negative stories, isnt that right away . Then carson . And they went through a couple of things that they showed that the guardian had already published a lot of these stories about ben carson and the National Enquirer was just reading recycling and that it was coinciding with poll results. And they also establish that the National Enquirer had already done a bunch of negative stories on bill and Hillary Clinton that predated this meeting. So it wasnt something that was necessarily hatched then saying there was already a pattern here. So trying to really emphasizing that this is what the National Enquirer does and then prosecutors trying to say, but everything was different in 2015 because they did some of these things like bearing the Karen Mcdougal story that didnt benefit them much more to talk about, including more from the trial transcripts up next to a point that our lewis brought up earlier, the moment on the stand when david pecker admitted there were conditions under which he would publish a story damaging to the former president will its mango hint what it tastes, just like mango. How can water tastes just like fruit for a limited time, you, customers get over 45 author, drink hint. Com thats 36 bottles for just 36 only 1 per bottle hint ey, there brenda. 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This course at the center of the prosecutions theory of the case and why he was there lead witness today under crossexamination, though, he admitted there were limits to that arrangement and conditions under which he would publish something damaging to his friends specifically regarding the first catch and kill story of doormans false claim that the former president fathered a child out of wedlock. Heres the exchange between pecker and trumps attorney Emil Beauvais Pecker did testify under oath that if he ran the story, it would have been after the election, which makes the argument that this was to protect trump going into the election. But as soon as the election was over, pecker would have run doormans story because it would have been in his words, extremely popular or not his exact words. But he said it wouldve been extreme poplar among the National Enquirer audience back with the panel joining us as well as barry levine, former executive editor of the National Enquirer. Barry, im wondering, you know, david pecker, obviously, well, you worked with the enquirer for a long time. You had some involvement with that doormans story. How do you what do you make of him as a witness . Well, listen, i was there anderson for 17 years. I was actually the first editorial higher for david pecker back in 1999 its certainly troubling to be to be watching this unfold in thinking back to the great years of breaking so many Great Stories, john edwards lets tiger woods, Jesse Jacksons paternity of a child. I was i left the enquirer after the doormans story two months before the Karen Mcdougal story, before they got involved with that and the last trumps story that i did work on was the doormans story. And i mean david pecker was absolutely right had that story turned out to be true, and he published it, it would have been a mega sale. It might have sold millions of copies. Did you know that he was going to kill it if it turned out, regardless of what it turned out. Well, listen, i i mean, i remember going back to 2010 when i knew back from the early days that david was close to donald trump, that they were Close Friends back in 2010. I didnt interview with donald trump when he was actually thinking about Running For Press president in 2012 and just from the way we presented that story, im going to save america. I realized very quickly back then that this was probably the way it was going to go with donald trump 2012. Of course, never happened. Did you know he was going to kill the doormans story . Yes. Yeah. In fact we investigated a story very, very rapidly. I mean, im john edwards, i took two years my Reporting Team to prove that story. When the doormans story came down the pike i talked to dylan howard, who was my editor and said, listen, we need some time. I said, i sense that Michael Cohen is going to find out about this and donald trump is going to eventually find out about this. But for the sake of the inquire, for the sake of our legacy in terms of breaking these types of stories let us at least work the story and we did investigate it for a very short period of time, dispatch reporters got photos of the woman and her doctor know that you were doing that for donald trump . I mean, did you know that, you know, i had no real Idea Anderson that there had been an actual arrangement. I didnt learn that until wires. And what issue. So what was the process . I mean, obviously the heart broke, the john edwards story got there was a nomination per pillar for that but they also, i mean, as has been testified to, pecker said they put out this story about ted cruz, his father, which he said was completely made eight up. What was that discussion like if you knew a story which just made up but were going to edit it and go with it anyway. Yeah would the door man, we shut down the story after a brief period of time, sensing that the story probably was false and the door man was paid the 30,000, which i would have liked to have had more time to investigate it. Certainly. Was that widely known within the company like, oh, hes being paid 30,000 . No, it was it was known among the editors. It was a very tighten it group the lawyer certain certainly he in terms of the ted cruz oswald fathers story i mean, i was ready gone from them and saw the story on the news stand and thought you know, whats going on here. The inquires entered the Twilight Zone to some degree. I mean things had gone completely over the over the edge, is there any other plausible explanation for Pecker Catching and killing the Karen Mcdougal story and Ting Up Trump and cohen for the story. Daniel thing, other than to protect the campaign. I mean, you have no doubt that this do or do you do you have any doubt that this was about protecting the campaign as opposed to what some of trumps people have been saying as well, luck, he was concerned about his wife finding out. No, it was it was it was completely for the campaign. I mean this was absolutely transactional and im left now still wondering as i listened to the reports of the david peckers testimony, why he would sacrifice the inquire, why he would sacrifice the legacy of great Tabloid Reporting and he said he had donald trump had been his mentor and like the edward story the Campaign Aide andrew young had claimed falsely that he was to fathered a child to protect john edward in this particular case . It was an unhinged type of loyalty with Michael Cohen, with david pecker. And pecker also testified that he had done this with or that Arnold Schwarzenegger had approached him that other celebrities had were you i did you know about this history and how common was this sort of catching and killing even though pecker didnt use that term i mean, i think from his testimony, it seemed like this was happening all the time i mean, they were rare cases. We never went it out to spend time investigating stories and not running them. I mean, we had to fill the book with 40 stories a week. My interest, my Reporting Teams that i directed, we wanted to break stories its reporters were raring to go knocking on doors, taking people out, looking at documents. We were never a fan of stories that never made it into the paper, but of course it was his paper. He was the publisher and he had friends. And there were times when some good stories probably were were buried. And unfortunately, the paying for stories, how did that work . I mean, when youre working a story, you have reported this out taking people out, going through garbage or whatever it is hanging outside their homes. Is there a set sort of like priceless for how do you determine what its worth . I mean first of all, i think its the irony is the big stories that we worked on over the years and also goes to the early days of the enquirer, the gary hart story is the oj stories. Most of those stories, you cant write a check for. You have to investigate, you have to send reporters out. You have to do the digging, you have to knock some the doors. You have to cultivate sources who are going to trust you that went into the Great Stories we didnt, we couldnt write a check for john edwards. It took two years, but your sources you pay sources. I mean, yeah. Theres no people surrounding Karen Mcdougal . Yes, theres no question for exclusivity when youre a weekly publication and you need to hold someone from speaking to another Media Organization for a weeks time, youre going to put them under some type of exclusivity. It could be a couple 100 dollars, it could be several thousands of dollars. I mean, we operated no differently. I mean, we were bold about the fact that we practice Checkbook Journalism and certainly there were individuals who called the Enquirer Tip Line specifically because they were looking for money, but Television Shows would pay for video. They would pay still pay for somebodys scrapbook are still photos. It would justify sum payments, but they werent as direct as the National Enquirer and in terms of what its become i mean, it is a shadow of its former self in terms of readership and in terms of do you think that they, do you think it will continue i mean, thats that is so hard to say. I feel a great deal of sadness over the way pecker came forward and just talked about Checkbook Journalism, talking about routinely doing caching kills because i made it seem like No Matter What you youre at, what your personal beliefs were read of work you were doing . Yeah, so long david pecker was using this to cultivate friends and to be like a remorse fish on the shark of donald trump. I mean, to kind of be in trumps orbit. He enjoyed that. Yeah. I mean, theres theres no question about that. I have no ill will towards him. He was a great employer for me for 17 heres however, i do feel like so many other former employees that i see on facebook and elsewhere that he took what had been a great legacy of part of american pop culture. And he weaponized it general. So pope wouldve been the original owner who created a national inquire. His son came now in 2019 and said his father general. So pope is rolling over and rolling over in his grave because of what david pecker did in terms of weaponizing the paper for a Political Campaign and the i had a end up writing a book all the president s women, donald trump in the making if a predator trying to do the work that the enquirer reporters could have done over the years because it was so much on donald trump that could have been reported and had bay reported out the Karen Mcdougal story and Stormy Daniels, it could have changed the course of the election but barely 60. Appreciate your time tonight. Thank you so much coming up next. Kara scannell is continuing to go through todays courtroom transcript, the complete version of me out what she is finding that you didnt live this strong this long to get put on the shelf like a porcelain doll. 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As securing dickey peace and prosperity for america and our allies we are going forw preferred better science better results erin burnett, outfront week nights at seven Odd Cnn Closed Captioning brought to you by gilt visit, Guilty Dot Com today for up to 70 off designer brands has the designers that get your heart racing had inside a prices knew every day, hurry. Therell be gone in a Flash Designer Sales that up to 70 an sop gilt. Com today were learning more about a Testy Exchange and de eight and the trump Hush Money Trial today from the full transcript, just releasing cnns Kara Scannell has continued to go through what shes back with us. So how did david pecker pushed back on some of the defenses tax on his credibility or i guess a tax is mavi wrong. Yeah, theyre looking to try to find inconsistencies. So maybe the jury thinks his memory is not hello, good, or its to rehearse, but one piece of his testimony that he gave on direct was about a january 2017 meeting. He said he went to trump tower. He saw donald trump and that donald trump had the thing tim for taking care of the doormans story and Karen Mcdougal story. So then trumps lawyer saying confronting with him some notes that an fbi agent and had taken after an interview, david pecker gave to them. And in those fbi notes the notes say the david pecker didnt recall any gratitude from Donald Trumps, so he was challenging on on that asking him about that david pecker says, i know what i remember. This is going back to 2018. I didnt recall back from what im saying here is that during the fbi investigation, i know what i said that yesterday happens, so i cant reconcile what the fbi interview was. If someone made a mistake or not. Beauvais says, you cant reconcile because what you said yesterday is inconsistent with whats in this report, correct . Pecker says yes, but i wouldnt be responsible for this report, they said i stand and so youre suggesting that the fbi made a mistake here. Pecker said, i know what the truth is. Im not i cant state what the woods here why this was written this way. I know exactly what was said to me. So interested, i dont think the defense Donald Trumps defense did much to impact david peckers credibility. Thats a small dang right there, but they did something better. They are using david peckers testimony to undermine Michael Cohen, the three best words that the defense has on the record four so far came today, prone to exaggeration. They got david pecker to say Michael Cohen is prone to exaggeration. And so theyre going to do that by the way, with a lot of other witnesses. If Kellyanne Conway takes the stand i bet she has negative things to say about Michael Cohen. Maybe hope hicks two. And what you do as a Defense Lawyer, not my profession, ards, but ive seen enough good ones inaction when it comes down for closing go folks. Their own witnesses, the first guy they put in front of you, david pecker, said that their star witness is prone to exaggeration if you find that he exactly related to this case is over. So thats a really smart and effective tactic like Michael Cohen can be restored as the star witness so easily because people forget or maybe dont forget that he pled guilty to the same scheme that trump is now being put on trial for and people generally as a Defense Lawyer do not plead guilty to things they didnt do. That plea is locked in. He took a threeyear Jail Sentence for the acts that he claimed in open court when he entered his plea. I did this at the direction of donald trump and you just cant get around that no matter or how bad the defense makes. Michael cohen look, and its going to be a slug fest when he gets on the stand, i actually cannot wait to see that happen are there how would you do restored sometimes theres things you dont get around and i just want to go back to what karen said before. And also what ellie said like in other words, youve got to pick your spots, you got to attack and question peoples credibility and question their memory and all of that when you can and when you cant, you try to embrace it and make it your own. Obviously, prone to exaggeration is great, but another phrase i thought was Standard Operating Procedure that goes to the jury nullification, like theyre trying to make it out that would donald trump is the prosecutions is so unique, no one has ever done this before, and that went out the window, as they said, my colleague judge george grosso, whos been in the court every day. He said after his testimony and i think his broke alaska is hot, but after his testimony, i wanted to take a shower because it shows how dirty that industry is. Enlightens all of us how you know, you shouldnt believe everything you read in the National Enquirer. Well, thats isnt that cnn i think the argument weve heard quite a bit as well. Michael cohen already went to went to jail for this. And so didnt donald trump do the same thing . Its not quite right though, because first of all, Michael Cohen pled guilty to half the crime. Donald trump is charged with here. He pled guilty to the Campaign Finance part, but not necessarily the falsifying Business Records part. So thats number one. Number two, Michael Cohen has been lets say, reticent, maybe even selfcontradictory about the circumstances of his federal play. He has been very vocal about the fact that he feels like to put to use Michael Collins word the Southern District of new york. My former Office Michael said they put a gun to my head. They threaten my wife. I pled guilty to things i didnt actually commit. I committed perjury when i pled guilty. Thats Michael Cohen when story now, thats a disaster thats a mess. Michael cohen is now offering lies stacked upon lies. And boy, the defense of crossexamination is going to be all my long carry. The Standard Operating Procedure, which are their talked about, you actually have something in the transcript about that. Yeah. This was an redirect for the prosecution. They were getting at the Karen Mcdougal story three and was it really bought for the Standard Operating Procedure line that the defense is pushing. The prosecutor, joshua steinglass, asked david pecker have you published a story about a playboy model having a year old sexual affair while he was married with a with. A president ial candidate, would that have sold magazines . Do you think pecker said . Yes. Steinglass said that would be like National Enquirer gold. Pecker said, yes. Steinglass said, but at the time you entered into that agreement, you had zero intention of publishing that story. Pecker said thats correct. And the prosecutor said, and despite the fact that publishing that story would have helped your bottom line, you killed the story because it helped the candidate donald trump. Pecker said, yes. So their counter and cutting against the Standard Operating Procedure, obviously, if this was National Enquirer gold and they would have made a fortune off the headline. They decided not to publish it and that was the point prosecutors were trying to push this was for Donald Trumps candidacy, not for the bottom line. Thats also prosecution gold. I mean, to get him to admit that i was willing to do something that was contrary to my bottom line to help a candidate thats exactly what they need to say. And thats what the prosecutions trying to do in order to make Michael Cohen irrelevant, frankly. And could you just explain to me because i dont understand that i was that a cry house that an element of the crimes are the elements that the judge is going to read after the summation. So this crime is a bump up crime, right . Its basically a misdemeanor plus so the misdemeanor is if you falsified Business Records, i think everybody thinks thats the easier part to prove all right. Because he said it was for legal. I agree. Okay. But if you did it with the intention, the general intention to either conceal or commit or aid another crime. It bumps it up to a felony. And the way i like to just dr. It is, its like burglary. Burglary is a trespass, right . Knowingly enter and remain unlawfully somewhere, which is a misdemeanor but if you add to that, the intent to commit a crime, theyre in it bumps it up to a burglary and you dont always know what the crime is in a burglary, you dont know okay. But the difference is with the burghley example, you just use things are happening simultaneously. Youre entering and youre committing the crime right there in that not necessarily. You could you could have you could have a scenario where somebody is opens the door to an apartment, walks in and gets caught as he steps in the door and if that guy had a sleeping bag in a toothbrush, he was going there to sleep. Thats a misdemeanor. Thats a trespass. But if instead he had a safe cracker and he also had but its all happening simultaneously. Hes hes cracking the door, hes walking in with the sleeping bag. Hes walking in with the safe cracker here. Theyre saying the misdemeanor took place and somewhere down the road another crime is taking place. Thats the difference between the burglars . Yes. I am im not arguing with you. Im trying to figure this out. I have paperwork here. It says im trying to figure it out. What im doing legal homework here. This is a conspiracy to commit burglary thats my question. So how come karen, who you gum you ran the office, you know, this stuff. Why didnt they charge a simple conspiracy . Because for two reasons, a conspiracy, write stuff. You dont mind i feel like im lost. We got two joined us because because falsifying Business Records in the first degree is an e felony, thats the lowest level Felony Conspiracy to commit an e felonies and a misdemeanor. Number one, the statute of limitations had run on all the misdemeanors by the time they indicted this crime. Okay. So they couldnt have a number two so as a prosecutor, you dont charge a misdemeanor because you dont want the jury to compromise on a misdemeanor, you want them to do the felony and you dont need the conspiracy because the crime that theyre saying he used to that he intended to conceal or commit was the state election crime which is a conspiracy to commit Election Fraud. It has conspiracy built into it. So you didnt need it. So i guess that was three reasons why they didnt charge because like it ask the professor one more question. So professor here, heres my question. Im not wise guy by calling professor because youre actually educating us the bump up crime. I know you dont have to articulate what it is but if if the choice, the menu that theyre giving us are all misdemeanors themselves that are out of the statue of limitations. My question is can a misdemeanor . The false records. Thats out of this Statute Limitations. And another misdemeanor, which is the bump up, mr. Meaner is also out of the statue of limitations. Could you put two misdemeanors both out of the Statute Limitations to those two things, equal a felony well, they have three crimes that they are saying is the bump up, right. State elections tax. Yeah. So the answer is its the answer is yes. The prosecution theories, yes. But its never been before in america. Its hasnt been tested on appeal, but it has been done, but it has not been tested on well, how do you how would you describe this . Is a novel prosecution is pie in the sky, is it interesting . How do you so the only thing, the only thing unusual about this case is the defendant. This is a bread and butter whitecollar crime in new york. This is done by prosecutors all over the state. This is the bread and butter, the Manhattan Das Office feds. Its like the feds who charge mail fraud and Wire Fraud For Everything and that youre like, how how does that a male or wire fraud, but its like the charge that they use all the time. This is done. All the time. Whats unusual is that on all go to trial. So this isnt going a lot of them are allowed to plead guilty or they plea bargain them out. And this is going to trial. And of course, who the defendant is is whats also very unusual. All right. Were gonna take a quick break that was really interesting and retired New York State Supreme Court justice and the judge in trumps Hush Money Case for more than 15 years is joining us her take on the prosecutor since claimed that the former president continues to violate the gag order, and were the judge might do about it in next weeks Gag Order Hearing or four, well be right back one aleve works all day. So i can keep working to take just want to leave 12 hours of uninterrupted pain relief who do take it for and for fast topical pain relief, child iv ex high, its christina again, im here to tell you about an all new special offer from my friends at jacuzzi Bathroom Model that you dont want to miss . 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No. Im not ill tell you why originally when we first had these alleged violations, i thought it would be one and done and well be finished. But and while this is pending and he does a hearing to which the defendant is entitled. There was no summary summary violation here when the defendant persists and continues to decide hes seen seemingly violating the order whats the point . Whats the point of doing it to rush it, think about it for a minute. The goal, judge merchans goal here is to make sure both sides get a fair trial and to get a verdict and to do that without with as little incident and as much grace as possible. This hearing and these get this gag order violations bins are to a great extent a sideshow. And there are plenty of people out there, maybe some of this table who want to get trump No Matter What, right . They want to see him in jail, or they want to see him held responsible for this, they want his blood. I get that Judge Machine is not one of them. He wants to keep this trial on track. Make sure he gets the verdict at this point. The truth is, even if there is a finding of contents, theres no reason why he needs to sentence him now he can wait till the end of the trial and deal with it. At that point. Quite frankly, the das office, im pointing to you because here for da manhattan, the das office regardless of what judge merchan does with the condemned, can bring criminal contempt charges against him through the penal law as opposed to the judiciary law, which is what and how judge merchan is is proceeding. The das Office Brought this to judge merchans Attention Complaint Two and put in a request for an order to show cause very quickly. I mean, the das office clearly is taking this seriously and i dont quite follow the logic of whats the rush. I mean, why leave it hanging out there, especially when trump continues to recidivism, what would be the harm . Of the. Judge coming out. He had a hearing, as you said, and saying thats it. We had the hearing. Heres my findings. You violated and knock it off. Why couldnt that only help the situation . But i dont know. I think that No Matter What happens, whatever the result at this at this particular hearing is, the defendant walks out as victor or victim and thats part of the sideshow, so i dont disagree with you that having ruled is a bad idea, but at this point, again, because i dont think the sentence is going to happen until after the trial maybe we need to focus on the testimony one more quick question. Would you ever under any circumstance if you were if this was your case lockup, donald trump . Based on based on violations of a gag or if you did, it ate more times, depends on what the violation is. If he if he keeps on posting about Michael Cohen every day, this guys a serial perjure. Were there ever come a point where you would lock them up . Yes. Really . Yes. Yeah. Oh, i ive been there done it would combine guys i believe it lunch bag with me just in case i want the bologna sandwiches. I could bring it inside, but judge kim, i just said the other night the judges in a tough spot because unlike in the civil case, i think trump was getting hit with like 10,000, finds that stops being a big number for no matter who you are 10,000 and another 10,000. And here, by statute is only a thats not exactly going to change. Donald trumps world. And especially if he think, look anytime you represent people in the media, like trump is like a lot of other highprofile people are in my opinion, they overemphasize the Public Relations aspect of the trial. They assumed the jurors are reading it. They assume the jurors are violating the judges orders and looking at and theyre trying so hard to influence them i havent found that to be the case. Ive found after a verdict, juror say, yeah, i was in a cab and the thing popped up. I was on my phone, but ive never found a juror after questioning them after a verdict, that layout blatantly violet, now they could be lying to me, but i will tell you there are certain defendants who like they really emphasize on getting the message out after the jurys and paneled when the jurys not supposed to email, see the goal might not be two, to influence the jury so much is really just to provoke a miss trial, right oh, thats a win for the defense in any case, particularly, what would it take to provoke a mistrial . Well the myriad reasons were related to the gag order, to the gag order, i guess hadnt thought about that. Maybe if the defendants said something that completely infected the jury by saying something that was so outrageous was so egregious. I couldnt be fair. I dont see that the defendant himself could do something that could end up as a mistrial than jurors could or the defendant reaching out to a juror could be. But what about the judge put President Trump in prison for violating the gag order and it really got out and pictures were everywhere of donald trump behind bars. And it found that that one of the jurors juror could come in judge kind of eyes. You can tell you they came in and some of them are fess up it. Look, i did see i saw the cover of the new york post. It is a picture of donald trump behind bars. I dont think thats a mistrial. I think thats an instruction thats what instruct she just forgot to just forget about you were but thats not there was this report earlier that the Secret Service out of the Law Enforcement hadnt met or were meeting to discuss if in this longshot thing he was put in a in a cell, how would they actually do that . But era, i mean, thats highly, highly, highly unlikely or highly unlikely or its certainly undesirable. But if his goal, lets assume for a minute that candidate trump just wants to delay this, that the issues of guilt and innocence and whats going to happen to him and whether or not he loses his freedom is something he would like to deal with on the other side of the election he could stand up in court. He could Say Something crazy, he could come outside of court. He could Say Something crazy, he could deliberately try and push the system to the point where the trial is either delayed or you get a mr. Only have to start over just had Kaitlan Collins joins us with an exclusive interview. The former president s Attorney General, william barr, about the trial, the immunity hearing, and his response to former president s mocking bars, endorsement what is Circle Surplus Appeal to take Flight Circle is the entity that gets you to the next level circled this, which po4 right, tosses limits away available at walmart and drinks circle. Com. 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Get started for 49. 99 a month plus ask how to get up to an 800 prepaid card. Dont wait call today. Preferred better science, better results 05 good things. Listen wherever you get your podcasts 9 00 p. M. Here in new york, the eighth day of the trump Hush Money Trial. Here are busy and productive one now in the books in this our bar special primetime continued encourage more details from the trial transcripts we just received. The former president s latest word on whether hell testify and whats ahead while trial resumes next week, Kaitlan Collins starts off the hour with an exclusive interview. Caitlyn yeah. Anderson, im joined here tonight by william barr, who served as the former president s Attorney General and who told him that his 2020 allegations of Election Fraud were not true . True. But as now said, he will support the republican ticket. Therefore, donald trump, again, mr. Attorney general, its great to have you. I want to talk to you about how youre going to vote in 2024 in a moment, but putting the merits of sayyed, i like youre laughing about that. Putting america side said no, you dont agree with the merits of the new york Hush Money Case . But you worked for donald trump. You got to know him. What do you think its like for him to be in court, being treated like any other criminal defendant having to be there for days a week i think its real tough on them. I think a lot of the countrys sympathizers with them. So i think the longer the trial goes on, the more supported gets well, i mean, he has claimed multiple times that this case is being brought essentially by p