Back in court with Stormy Daniels back on the stand as well as others. Now the question is did her second day under intense grilling by the trump legal neil team help or hurt the prosecutions case . You might be surprised as we wait to hear from the former president himself. We are on all of this, welcome everyone i am neil cavuto this is your world. Busy day today and a busy lineup of witnesses. Of course Stormy Daniels getting the most attention but not the only attention. Nate foy has more. From the Superior Court former president donald drum we just learned will speak and that will happen earlier than the typical 4 30 pm time. The jury well be let out early as trumps lawyers are bringing some concerns to the judge. First, i want to give you an update on the testimony, the crossexamination of Madeleine Westerhout is now underway led by susan necklace 1 of trumps attorneys. Madeleine westerhout was trump executive assistant at the white house she got emotional on the stand neil talking about positive memories she has about trump and his family she spoke about his relationship with his wife and its 1 of Mutual Respect and she said she thinks he is treated unfairly. She also talked about facilitating his calls and communication including with dave parker. She also answered question about how finances were handled she said checks would arrive from new york and she would bring them to trump for him to sign parachute testified he is vary detail oriented and didnt have a computer or email account he preferred heart documents. And as he mentioned film actress Stormy Daniels wrapped up her testimony. You see her here with her lawyer in the courthouse today in The Waiting Room as she took the stand. Trumps attorneys question her about her credibility and motives. Daniels maintains she just wanted to get her story up a trumps lawyers pointed to all of the money she is made on the trump story. The lawyers also asked her about her claims that she can speak to dead people and her social media attacks on the former president for example when sewing referred to her as a Human Toilet Daniels posted online the best person to flush the orange turd down. Trump denies having an affair with her and her lawyers said her story changed over the years because it never happened and she is just trying to profit off the former president. Right off the top of this report neil i told you trumps lawyers are going to bring some concerns to the judge and that the jury well be let out early today. Those 3 concerns, 1 is the Gag Order Trump expressed his disdain for that he thinks its unfair while entering court today. They also have concerns about possible testimony from Karen Mcdougall and theyre going to ask again for a mistrial, something dave artie done and it was denied by judge juan merchan. Neil. Neil thank you for that. We are waiting for the former president and will no doubt come out, he will speak about all of this. Thank you andy and katie. Let me get you take andy on whats happening in court now. I didnt understand what the judge is trying to under out with the prosecutor, can you explain that . I think its typical if there are legal issues that have to be taken up outside the presence of the jury, the judge doesnt like to waste the jurys time. They like to put them back in the jury room but not when theyre just wondering whats going on in the courtroom. He would rather and the testimony part of the day early so we get that the jury go home and then then have the proceeding. It happens in the every trial where the lawyer is trying to iron out the legal this point disputes on the table so they can resolve those without wasting the jurys time. Thats the reason they are let out early. I thank the most important thing evidently trump is going to a court to try to get review on the gag order. But do we have trump now . Sorry. Neil sorry to confusing. I apologize. The important thing here and i think is the mistrial motion. They need to make a good record on that, they made a record on tuesday but they had a day off wednesday and i think what you really want to do in this instance is layout how badly trump has been prejudiced by the judges indulgence and letting him this but this testimony on from Stormy Daniels which was a negligible prohibitive value but was really prejudicial and made front and centre this Sexual Escapade that alleged in 2006 and its app to cause Jury Confusion as also so they need to make a strong record on that. Neil the reason id asked andy that question katie is a kind of gets to something i want to bring up with you. The judges are careful to not necessarily get into some of these details he didnt want the jury around for. He wasnt so careful about a lot of the stuff we heard out of Stormy Daniels. He didnt stall or stop or care if the jury heard or not. It might be apples and oranges but its kind of odd to me. I totally agree that with no concern about the jury hearing completely irrelevant information from Stormy Daniels that the judge himself ruled was not appropriate or not admissible but then didnt stop the testimony from coming in. He plan the testimony of the defence but they already had that issue a couple times raising motions regarding her testimony. So it wasnt on them to continue to insist upon not letting in admissible evidence and. So i think that was a bit of a cheap shot by the judge and certainly the jury now had their time wasted listening to 11 information that has not dew with the charges whatsoever. I think they may have lost patients with the prosecution over that quite frankly. They only have so much patience they realize its been tried in new york city where crime runs rampant yet here we are in this courtroom with all these time and resources going into a case that they havent been showing every any evidence of criminality. Everyone knows what a crime looks like, everyone is confused because there has been absolutely no indication of what donald trump did thats criminal and thats frankly frustrating im sure for the jury. Im wondering what the controversy over the wisdom of putting Stormy Daniels on The Stand Hack Andy and putting you in the position of being lawyer for the prosecution here, would you risk that with Karen Mcdougall . I think they were already weigh duggan and i guess i would put it this way. The Stormy Daniels testimony while i agree with Everything Katie said about it is at least arguably relevant if you are the 34 charges stem from paying the Nondisclosure Agreement to Stormy Daniels. So they at least had a plausible argument they could make with a straight face to complete the story we needed to hear from her testimony but mcdougall is only relevant to the Fantasy Version of the case which is the distortion of the indictment thats a figment of brands and imagination as opposed to what the charges actually are. Hes tried to to pitch this case to the jury as a conspiracy to steal the 2016 election. Mcdougall is relevant because she is 1 of the women who was paid pursuant to what is meant to be an agreement made between trump and david packer and Michael Cohen going back to 2015. So what bragg is trying to do is take this case back to 2015 as if it were a big conspiracy when the point of fact the charges and the indictment are 34 payments made between february and december 2017. I think she is a more Remote Relevance then Stormy Daniel was and given how prejudice they have been and how it was too trump for the jury to hear Stormy Daniels testimony i think theyre really playing with fire. I think actually if they cared about their record they would not put mcdougall on but i still think this is a political scheme. I thank the objective is to just get trump convicted if they can so biden can call him a convicted felon for the next few months. I dont think they much care if they get a reversal on appeal a year or 2 from now. Katie to that point but you think we they might as well then double down. But it carries those risks not the least of which getting this thing safely appealed. Its not over im misplaced that. I am sorry katie. There is maybe a risk certainly on appeal Karen Mcdougall to testify herself but maybe thats not there worry, its all about embarrassing the former president and whether it is appealed or not the damage is done before the election. While i agree with you because there is already so much reversible error in this record based upon the judges rulings at a lot of the testimony thats come in. Certainly it does not seem to be the primary concern for prosecution they want to get as much Piercing Information against President Trump as it possibly can. It seems to be the game plan. They may very well continue down that path because judge juan merchan will give them there blessing his blessing as we have seen. Neil we were waiting to hear from a former president and he will come a. Its more convoluted today than it has been prior days but he promised folks he would talk. And of course it always brings up issues surrounding the gag order which also came up today. We will spell it all out for you meantime i want to draw your attention to the corner of wall and brought today. A lot of email and asked if the market is in its own world. Today was a classic example with protests going on, you know, all of this backandforth with washington trying to vote on if the speaker should be tossed out again and he wasnt. Than this ongoing trial which is unthinkable almost surreal in the scheme of thanks. And is just a couple miles away from hacker couple thousand feet from where this big trial is going on here and there really focused on things like the prospects are slowing down enough to warrant another cut in Interest Rates. Some people were thinking certainly an environment like that without a reserve would have to entertain cutting Interest Rates at least once before the end. Thats the hope of the day. Will get into that also as i said we are waiting to hear from donald trump and what he made of todays developments and witnesses that could come up. 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Going to rafah im not supplying the weapons that have been used historically to deal with the rafah tact to deal with the cities and deal with that problem. There is a lot as steak here i thank the region and the world is going to secondguess relationships with us in the future if you dont change your mind. We are talking about the president how he intervened to stop some weapons from getting to israel here. It didnt mean that they are going to stop military aid and help for israel but anything that could be used to make like uncomfortable for those in gaza that was going to stop. Not entirely unprecedented on the part of the president but its unusual still deceive this kind of thing happen where you can pick and choose what weapons and armaments get into a country. Lieutenant Colonel Bob Mcginnis joins us now. Divided we stand at the globalist scheme for 1 world government. Kernel it strikes me as someone whos already agreed on the menu and the restaurant decides all right we dont think its wise for you to have the appetizer or dessert we are taking out of their. It just seems weird but i know not completely unprecedented. What you make of that . Its out of sync with what he is said from the beginning back in october. The reality is the use of bombs is important to the idea of Israeli Defence force because if they dont than they have 2 cohen room by room clear out more than a million plus people and thousands of buildings. That would devastate the idf. They are using Precision Guidance in order to deliver some of these bombs but what has happened here of course there holding back 2500 pounds bombs and unknown to the civilian public it sounds pretty outrageous that you would use that but when you have good intelligence you know precisely where your enemy is. We believe that 4 battalions of hamas are stuck and raw for. You use that intelligence and use precision munitions and go after them. If you withhold those and of course it creates problems for the Israeli Defence force and thats what they want to prevent. They want to prevent significant losses of their forces. Neil im just wondering what the ramifications of this with Benjamin Netanyahu referencing this im paraphrasing but if we have to go alone than they will go alone. Thats the message he got and thats the message increasingly israelis are getting. Is that an accurate message . It possibly is. Im remembering a month ago the israelis came here in force and give us the stuff of munitions and other things that they want and weve been trying to provide that but of course here recently with the threat on College Campuses across this country and of course Benjamin Netanyahus political commitment to the israeli people is 2 cohen and Wipeout Hamas so you have to deal with that. The israelis have other sources they can change their tactics and their approach they take. Taking rafah gate that goes into egypt and cutting it off here recently just because hamas was getting resupplied with weapons and finances through there. Keep in mind neil that the Hamas Terrorists are using civilians as shields. As a result that makes this fight incredibly difficult. So the israelis see this as an Extension Threat and something that we should not ignore even their our best ally in the region. Weve talked about this issue and other president s doing this in the past but normally and correct me if im wrong, that where it has not gotten out. Net in realtime. We find out about it later on. Its been broadcast to the world as if we are bragging about it. But the fact of the matter is for israel its humiliation isnt it . It is. Of course if you indicate, eisenhower used it in the Suez Canal Crisis and bush and reagan used it for other reasons but, you know, broadcasting this i think is for political purposes. Why else would you let the secret out like this that were holding back and trying to pressure a good ally kept the israelis to do what we want them to do. Otherwise it makes no sense. Neil im wondering where this goes and where this war goes . Obviously youre aware of all the protests going on around the country and dealing a lot with it in the london weather premised or has said, you know, we stand by israel and if anything gets violent or any antisemitism well be punished. Israel sees that and the Senate Building against them they see, its quite a title wave. It is. Thats why Benjamin Netanyahu said if we have 2 we will go at it alone. Of course thats why he talked about the holocaust so we need to recognize where we are today. They face enemies on every front. Those they thought were working with them are not being vary helpful and of course really the decisions are made in tehran. If they are feeling hamas, the houthis, hesbollah and other jihad and others throughout the region its a hostile environment in which israel exists. They have to do what they think is necessary. We need to finish this off is what theyre saying and i think they will go along if necessary and they have enough munitions now to finish the job. They probably, you know, once they do finish off hamas and gaza will probably turn north because theyve pulled back all their civilians, at least many of them, from that border with lebanon just because the threat from hesbollah which is armed to the teeth with more than 100,000 rockets and missiles. Neil it is wild times indeed. Colonel bob mcginnis on all that. We are keeping our eyes on that courthouse in manhattan where they are discussing in the meantime today this gag order and how much donald trump can and cannot say regarding testimony. Also focusing on other developments trump as you know it the appeal to get her off the case. The January 6th Case and a central case could be delayed. Thats not necessarily the case. After this were talking about. Were not talking about practice . No. Cashbacking. Word. Were talking about cashbacking. Cashbacking. Cashbacking. Cashback like a pro with chase freedom unlimited. How do you cashback . psst psst ahhh with flonase, allergies dont have to be scary. Spray Flonase Sensimist daily for nondrowsy long lasting relief in a scent free, gentle mist. Flonase all good. Also, try our Allergy Headache and nighttime pills. Waiting to hear from former President Trump as they wrap up things in the courthouse. Some big developments concerning who can testify, who will and who wont. We are on after this turn s hipping to your advantage. With low cost ground shipping from the United States postal service. Mom genes. She passed them down to you. But who passed them to her . Those mom genes helped make her who she is. Show her with ancestrydna. This mothers day, she can see the traits she inherited, the places where they started, and the people she shares them with. Best of all, its on sale for mothers day. Get it now, before she has to remind you. Switch to shopify so you can build it better, scale it faster and sell more. Much more. Take your business to the next stage when you switch to shopify. They are discussing the details of the gag order and exactly what he can and cannot say when he leaves that courthouse in lower manhattan. We understand the president has been eager to state his case on the activities that have occurred. The threat of jail of course but lets get the read as how developments went. Stormy daniels second day on the stand she is done. We are told right now Karen Mcdougall the playboy model that is also at the centre of a lot of this investigation well not be called by the prosecution to testify again and we are waiting to hear from donald trump himself. But weve got john back with us, the decision on the part of the prosecution not to bring Karen Mcdougall i think, what do you make that . I think it shows even the prosecution realizes they went too far 2 days ago by eliciting this salacious testimony. I agree with andy a segment ago where the importance of the testimony improving the legal case is vary small but obviously terribly prejudicial in the sense that it ruined his character before the jury. Its like running a Reality Tv Show before the jury so they will be fixated and will keep it in their minds when they vote on whether they hold him guilty or innocent. So saying theyre not going to the next witness in a similar situation i thank the prosecution realizes they might have sparked a mistrial. Dont push it at this point, maybe they can preserve their gains and go on to someone else like Michael Cohen. Neil im just mentioning they are addressing the gag order, the former president and his team and the judge has decided it will not be changed so hes got to watch what he says. What do you make of that . Again i think this judge shows he is in over his head and this 1. This is not just about whether donald trump should be able to speak like any other criminal defendant defendant. The First Amendment is about allowing political candidates to speak and allowing us as voters to hear people considering voting for high office. The judge is making a mistake and compounded it by extending the power of his courtroom beyond to reach out and interfere in an election. Neil you know, john 1 thing i found intriguing about the defences position with Stormy Daniels theyve said it again and again she is just in it for the money, she just wanted to make money. Or, you know, deals and movies and otherwise she could have built off of that. Its an ignorant question but so what . Why is that even think we she can claim that this happened of course donald trump said its never happened. I dont understand the significance of that argument. The most important thing that witnesses have is their credibility before the jury. After the devastating testimony 2 days ago by Stormy Daniels trumps lawyers had to come out i think and really destroy her story because its so vivid back so prejudicial to the jury and to the voters who heard about it now and so the way you do that as you attack the credibility of the witness, provided motives she might have before making up a story completely. Ethic its hard to do for someone in Stormy Daniels position so the Trump Lawyers saying you are lined because you make money by taking your clothes off and having sex on tv and in the movies. Stormy daniels response is, yeah, thats what i due for a living so what else do i have to hide . Neil so than she could argue while he is lying saying it never happened. I guess we go backandforth on this but at the very least it would wipe out any possibility of donald trump taking the stand because this very issue would come operate . And neil again you better go to law school because you teaching people right now how to be a good Trial Lawyer Peer if youre the prosecution, you are trying to get trump on the stand. This would be a great victory if you can get him on the stand put them under oath and boobytrap them into committing perjury which could than send trump to jail. Kai think i cant imagine a bigger mistake for him then to take the stand. But all after the damage Stormy Daniels has done nothing politically he wants to Start Talking about it outside the courtroom and i hope he doesnt but that may be car into. Neil 1 thing the judge has been careful to excuse the jury while they discussed some of the mechanics with the gag order et cetera. He wasnt nearly as cautious or careful when it came to some of the stuff he allowed Stormy Daniels to say in the first place. That was free. No in front of the jury. 2 reasons for that. 1 is basically the jury is in charge of the facts and the judges in charge of the law. When it comes to Hearing Testimony the judge is going to say thats all about the fact i will let that go to the jury. Thanks about the gag order, the first amended thats not up to the jury its really only up to the judge. Thats 1 reason. Media second reason is may be judge juan merchan realizes now she should not have let Stormy Daniels testify that weigh she did and the detail she did. He might be worried now about getting reversed by the Appeals Court so he is being after cautious. Neil got it. Thank you so much john. We told you about a number of developments of this is really the only legal game in town against former president so that carries some significance. A number number of other trials are either held off calculated or stopped in their tracks. A lot of progressives will try to stick it to donald trump before the election. Whether that merits some of the attention its getting right now is anyones guess but this is the only legal game in town so everything is hanging onto this whether its appealed on not. Will explore that and political ramifications next at home, like you want. You the man cologuard is for people 45 at average risk, not high risk. False positive and negative results may occur. Ask your provider for cologuard. I did it my way when youre a Small Business owner, your todo list can be. A lot. [ Cellphone Whooshes ] [ sighs ] thats why progressive makes it easy to save with a commercial auto quote online so you can take on all your others todos. Already did. 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There is sort of donning the eyes and crossing the tzone final instruction and detail among them the gag order Donald Trumps folks said it should be changed. He has to be careful with what he says about todays developments. Lydia has been in this it state Supreme Court house. The significance of that, lydia joins us with more. Hi there neil were just about to wrap up Court Hearing for the day, there are a number of witnesses called. I have 2 of them today. Today we finished the crossexamination of Stormy Daniels which of course is the Adult Film Star Alleging she had the encounter with him in 2016 and they signed a Nondisclosure Agreement. Todays defence attorneys finished off the crossexamination and about 3 hours. In comparison to tuesday where they started this process, today was much more calm. It was a methodical delivery of the crossexamination, lawyering at its finest. A big beam from the testimony was, defence attorneys accusing Stormy Daniels having an ulterior motive of money wanting to talk about her experiences with donald trump as a desire to make money. They say she is made over 1 million by socalled selling her story and books and Media Appearances pick the pointed out her stormy march she promotes on social media candles and tshirts and the like in the application there being of course how you can trust this person who is literally making money off talking about an encounter she alleged to have had with the former president. The other witness we heard from who was interesting was Madeleine Westerhout. Im sure you remember neil she is the former is negative assistant to donald trump when he was in the oval office. She was called by prosecutors because her wall is important to closing the circle of documents and how they are passed from trump tower to the white house to sign Michael Cohen for his reimbursements to Stormy Daniels for this hush money. The checks or cut at trump towers and sent to the white house and were passed on to the president design. What was really fascinating neil is chanting i would argue actually ended up being a much better witness for the defence of the former president. They had a very close relationship and you could tell chan 19 had vary fond feelings of working for him she shared he was a great boss to had and she admired his relationship and his familys relationship. And a particular him and his wife saying it was of Mutual Respect or she also talked about her time departing the white house which was widely reported came under circumstances she later regretted and she became very emotional while talking. During this testimony i was looking at the former president at the Defence Counsel Table and he was weaning in and watching her as she was speaking seem to be interested in what she had to say. There were times i saw he would look at let todd blanche and they would exchange smiles or grants. It seemed like they werent bothered by Madeleine Westerhouts testimony whatsoever even though she is an important witness for the prosecution, neil. Neil i thought it was cute when they asked her if she was nervous and she said i am no. The kind of shows the pressure of the moment. I wonder when you are looking at donald trump and self during her testimony, he obviously paid more attention may be more interested in that then casey Stormy Daniels. What was your sense of what got his attention and who got his attention . I would say overall neil i noticed from the start of the day it felt like President Trump and todd blanche as well and other Defence Counsel seemed relaxed, at ease when they took their seats at council table. There wasnt an error of tension or nervousness among them whatsoever. And as for what really got their attention, you know, got President Trumps attention, it was clear that there was some may be affection the right word, some fondness of Madeleine Westerhout when she sat down. He really took note of what she was saying and you could see his face looked relaxed like he was maybe happy to see her. Neil did you have a good look at the jurors themselves . Not that that would mean anything, looks dont mean anything. When it came to financial details and what was processed and when and who, did that just seem so heavy and laden with details and spreadsheets and the rest, not that that was shown to the court i grant. That would not get as much attention as lets say Stormy Daniels wood. So, most of my days in the court want to have the opportunity to be here, im sitting in the Overflow Room which is the secondary room. The room not with the judge and attorneys and jurors. So im actually unable to see them. But what i can tell you is i was in the main courtroom on tuesday. That was the first day Stormy Daniels took the stand. So i was able to observe the interactions between the parties and the jurors. It was a great opportunity to really see how interested the jurors were and listening to Stormy Daniels. Thats how i could confidently say she is a great storyteller with a real story to tell. Whether her testimony really should have been added to this case and if it has any connection to the falsification of Business Records is a dish it different issue i would say but it seemed like the jurors were interested and want she had to tell them. Neil got it. Alright thank you lydia great reporting on that. Youre attention to detail is amazing. Again we heard from Stormy Daniels today she will not be back on the witness stand. Karen mcdougall there is some Sentiment Building she would be called to testify but maybe after the Stormy Daniels situation the prosecutors have said no were not going there. Karen mcdougall will not be coming here. More after this count on propane to make everything great. But did you know propane also Powers School buses that produce lower emissions that lead to higher test scores . Or that propane can cut your energy costs at home . It powers big jobs and small ones too. From hospitals to hospitality, people rely on propanean Energy Source thats affordable, plentiful, and environmentally friendly for everyone. Get the facts at propane. Com now. I got the cabin for three days. Its gonna be sweet what . Im 12 hours short. Have a fun weekend. Unnecessary action hero unnecessary. Was that necessary . No. Neither is a blown weekend. With paycom, employees do their own payroll so you can fix problems before they become problems. Hmm get paycom and make the unnecessary, unnecessary. See you down the line. The smooth riding, longest lasting pilot g2 has long been the hero of gel ink pens. And what hero doesnt have a dark side . Introducing the g2 edge. The same number one selling gel ink pen in america. Now with an innovative laseretched design, cushioned comfort grip, and durable Tungsten Carbide tip. Whatever your mission, give yourself the edge. I know it seems like waiting for judo but that is the former president , when he speaks will go to them. The big story today was another day grilling sorry it looked like he was coming out but he is not. It was really for Stormy Daniels a chance to sort of not only get the defence back on a more Offensive Position to go after her on thanks. Drooling her concerning 130,000 Nondisclosure Agreement she had signed with Michael Cohen, this was right near the close of the 2016 election. She had mentioned to her, you have a lot of experience making phony stories about sex. And replying thats not how i would put it, the sex and the films is very much real just like what happened to me in that room was real. If that story is untrue i wouldve written it to be a lot better. That gives you an idea of the tone and tenor of the backandforth with her today. May be 1 of the reasons why Karen Mcdougall has not been called to be testifying at all. And mccarthy and Katie Czajkowski with this. Obviously kitty after her credibility is where theyre going. Whether she can speak the truth, when she hasnt spoken the truth but to what end . Well i thank the point of any crossexamination is to expose the credibility with the witness. Stormy daniels has plenty to work with but ultimately whatever she says about her motivations to get this money whether it was a true story or exaggerated story or a false story, does not mean President Trump cannot enter into an nda with her if thats something thats in his personal interest. Ultimately the only witness that really matters for bragg as if he calls an expert to the stand to testify at that it is inappropriate as an Accounting Matter to classify Legal Expenses of the sort as Legal Expenses. Thats the only question before the jury ultimately. Nothing has even come close to establishing the falsity of those records and a minimum. Neil so that gets us back and due to weather it was meant to be a legal issue that could corner the former president or just an opportunity for the prosecution to humiliate him. Whether it scores legal points or not the damage is done on matter how the court case takes out. What do you think we. I think if you look at it as a legal matter if this was an ordinary case that came into the Prosecutors Office it wouldnt be prosecuted. I say that because even if for arguments sake, bracket can establish these records are full, that would not be enough even to prove the misdemeanour offence. You have to pre prove not only the records are factually incorrect, but that they were done, the falsity was done with the motive to defraud or purpose to defraud. And i dont see out with evidence in this case of Fraudulent Intent which means if you cant prove Fraudulent Intent at all you never even get to the question which is beyond the beyond as far as im concerned for the felony, that the Fraudulent Intent had to include not complying with the federal Campaign Finance laws. I dont see a scintilla of evidence in this case that trump was even thinking about Campaign Finance laws. Theres a big difference between saying we want to keep this information under wraps prior to the election to not hurt our chances to be elected, versus saying we are aware of what the Campaign Finance laws are required for expenditures and we want to misrepresent what we did here in order to defeat those laws. I thank the evidence we have heard about how exacting trump was in counting every penny which is a big thing bragg wants to show, it seems to me that if he new that prosecutors would say that the payments such as the 1 given to Stormy Daniels covered by the federal Campaign Finance laws he would have paint paid them with campaign money. So, to me there is no indication at all that trump was even thinking about the Campaign Finance laws. Neil katie could i ask you about this gag order the judge didnt change. Donald trumps legal team wanted it modified at a minimum, nothing changes but that. But i am not clear as to what he can and cannot say when he talks to reporters presumably in a few minutes. Thats exactly the problem with the gag order its unconstitutionally vaxxed. The language of it itself says President Trump cannot comment on the participation of witnesses. So the fact the defence asked now that Stormy Daniels has testified, her participation is low longer an issue. So, can he speak about her testimony at this point . It seems to go outside what the explicit language of the order is but again the judge has denied that request showcasing the unconstitutionality of this order on 1 of many grounds which is the vagueness you cannot reasonably tell what type of light which is prohibited. Weve seen he is being punished for posting other peoples articles as some sort of direct violation of this order. Any limitations on speech certainly need to be clear enough to be able to be understood and abided by which is 1 of the significant issues we have here. So not surprising the judge did not modify the order but it is in fact unconstitutional. Neil and andy what does it limit the former president can say . He cannot cite specific witnesses, we all know what and who hes talking about unsatisfied leaving the courthouse but what are the limitations on it . Exactly as katie said the main 1 is that he cant talk about witnesses but what i would say about that meal because this post to a lot about what weve been talking about witches i think judge juan merchan and bragg are trying to squeeze trump into testifying even though i think that has become much less likely after he let Stormy Daniels testify because now trump would have to testify all that stuff which shouldnt be in the case. I think what the judges say to him is look big guy you want to talk about the witnesses, get in the stand. Take the oath then you can answer all the questions about all the witnesses to your hearts content. But he is telling them as a president ial candidate under circumstances with everyone on the planet including Michael Cohen was out last night with his tshirt on with trump behind bars. Neil that was incredible i cant believe that. There should be a law against that. There should be a law against Michael Cohen. But the point is everyone can talk about the case, biden can talk about it, all of the democrats can, witness witnesses can talk about it. The judge is saying if you want to talk about it take the oath and get in the witness stand. Neil thank you guys very much. I know it seems like im teasing you to say the former president is coming up, you supposed to and he wants to talk but held up in the courthouse. Again they were discussing the trump people who wanted to get rid of this gag order its not going to happen. Joan, if that doesnt happen and you were Donald Trumps lawyer, what would you tell him and how would you tell him to adjust himself when he comes out . Its hard to figure out how donald trump can actually say all the damage that was caused by Stormy Daniels testimony without violating the gag order. So i think what trump has been doing, i think its actually smart, to turn away from the trial entirely and start attacking biden. As we talked about before, neil, he did a jujitsu where he turned these legal setbacks into political gold for him. May be the best thing he can do is attacking biden for withholding arms from israel over inflation, over the economy. Use all of these appearances as basically many Press Conferences for the campaign. I dont think he can advance his campaign repeating any of the attacks on the jury or witnesses which would be a violation of the gag order anyway. Neil as you told me there is ample grounds to appeal the case regardless of what happens. But having said that the issue i know well be raised in the campaign seeing as this is likely the only case adjudicated before the election the fault the other cases out there with delays and problems. People are going to say he lied about never meeting this woman, she gave enough details that indicate it did happen. And he has not said anything to the contrary since her testimony. That might be a leap to far and he might in fact reinforce that this didnt happen, what you think . Donald trump is a gambler, weve known that a long time. He used to run this he knows he is familiar with gambling. Maybe he rolls the dice and says i will take the stand im going to deny everything she said on the stand under oath. Thats when all the American People are watching. Neil it could open him up for perjury in a worstcase. Exactly at thank its a terrible idea for him. What he could do is once the case is done and the verdict comes in, you will than be free. To talk about the witness. May be the smart thing for him to do would be to weight until a bit later than give his views and he could say i wasnt lying she was like our told the truth this was all outrageous prosecution like the other cases against him. Neil got it john think you so much. I can still waiting on the former president. Talking about the trial call it a sham as it is and will focus on big matters i dont know if you will mention the big runup in the down today up 331 points. That born the fact Interest Rates might come down after all. Something tells me that might not be 1 of the issues he raises but there you have it. Down up his legal future in doubt. [