What else on his bucket list is there that he wants to do . Dwight says hed like to go into orbit thank you so much for watching these night. Laura coates live starts right now no more testimony, no more witnesses. The jury and the trump trial gets ready to finally have it say, plus trump says one thing about Birth Control restrictions i went to then say another. So what does he actually believe and theres a new twist of the death of Matthew Perry, why a Criminal Investigation is malbon launched, all tonight im Laura Coates Live you know what occurs to me that something nights it might be really easy to forget that none of what weve been saying is actually anywhere near normal. That might be in the Rearview Mirror frankly, if former President Running for reelection surrounded by legal carnage, one might also become numb to the headlines but tonight is one of those nights where the flood of news very quickly remind you just how unusual this really all is. Just bear with me for just a moment. Remember the classified documents case . Well, today, we learn something new that trump had some classified docs and his maralago bedroom . Yes, his bedroom months after the fbi searched the resort. Thats according to new court documents. And today we got some new photo showing his body man and codefendant, walt nauta moving boxes around maralago before trumps attorney was even to review them . Not an trump. Theyve both pleaded not guilty to mishandling the documents and that trial. However likely wont happen before the election. In arizona. Go west. Trump is not facing any charges there, but his allies are today, 11 of them, including Rudy Giuliani were a rained on charges of trying to overturn the 2020 election. There in favor of course, of donald trump. Giuliani and others have pleaded not guilty to what Fraud Conspiracy forgery then theres atlanta, where trump himself now is facing State Charges for his efforts in trying to interfere with the 2020 election. And today, the da, their Fani Willis Will Sheet just won her democratic primary. But as far as the trial goes, there is absolutely no guarantee that she will be able to prosecute them this case before the election. And the case is stalled while accord here is an appeal to kick her off of the case. The judge that presides over that case, by the way, he was also up for an election member. Hed been appointed initially. Well, he just won his election and now a fouryear term as a result. Now, its a lot i confess and it is very unusual its all part of the reason why the very case that people initially criticize the Manhattan De Alvin Bragg for having me audacity to go first on. Well, that criminal trial in manhattan, it didnt just go first we dont know how distant a second or a third or a fourth trial will ever be . So all eyes now are on that very trial, precisely because it is currently as were sitting here today talking, the only case that is guaranteed to have a conclusion at all, let alone one that might come before the election. It should come before election i mean, you have Closing Arguments next week, got help us all if it does not come before the election but a conclusion that could now come in just a matter of days. And today on the date 20 of his hush money trial, the defense rested their case and low of a whole trump did not testify surprising exactly. No one. But the jurys going to have a lot of time to think things over, arent they . Because of trial . Its dark until next tuesday for Closing Arguments. So now forget 11,780 votes, 270 Electoral College votes, 420,000 bucks, or even the number 34 for the counts. Now, its down to 12 jurors and six alternates joining us now, retired California Superior Court judge ladoris cordell. Shes also the author of hur honore. Also Law Enforcement reporter for the washington post, devlin barrett, who is in court today as he has been throughout this trial. Your honor, let me begin with. You, because lawyer well see the final Jury Instructions. The day after tomorrow this case has complicated and trying to connect the different dots. The felony from a misdemeanor and beyond telling me just how important its going to be to make these instructions clear. And also amenable to both sides thank you for having me on the jurors have two jobs. One is to be the finders of fact. And once they determine what the facts are, then they must apply the law and the law is given to them in these Jury Instructions. And its really interesting to note that when guilty verdicts are reversed by the appellate courts, the most frequent reason is faulty. Jury instructions. The judge is determined most judges hard to get it right. Two and you saw today where the lawyers were going back and forth primarily about the instructions of what the law says about these crimes. Theyre going to be standard instructions about the credibility of witnesses and theyre all of that thats kind of standard stuff. But its the key to this is what instructions the judge is going to give about the crime, the elements of the crime, what intent . Well have been instruction about misdemeanors. So this is absolutely important and the concern i have is that Jury Instructions, my understanding and i hope im wrong that in new york, the Jury Instructions on paper do not go in with the jurors when a deliberate how in the world can 12 people, even if two of them are lawyers, they were civil lawyers, they didnt do criminal work. How could they possibly have the ability to remember all the verbal instructions pages and pages that the judge will give them. But i was a trial judge. I always provided the jersey printed copies well, your honor, i think in new york there might be a possibility for the judge to make a motion to have on the record them to do that for the very reasons im sure youre talking about because i actually cannot imagine the idea of having a jury without at least something in front of them. And it also goes to reasons in part why judge merchan wants to have this not a start stop deliberation because jury notes and beyond are going to be impactful in all this me. Bring you in here, devlin, because based on what you heard today, do you have an idea of what the key instruction the jury will be tasked with next week, i mean, the judge is obviously talking about the idea of what goes into the crime, all the different elements. But what was the most talked about today i think a lot of what they argued about today was really centered around some of the judge mentioned, which is intent this is the legal theory of this prosecution is pretty complicated. Its basically a crime within a crime within another crime. And so thats going to be complicated for the jury to sort out. But a lot of the argument today was about what do you have to prove trump knew or wanted out of this sequence of events and so i think in ten is a big part. There was a lot of different fights about that in different pieces of language. But again, this stuff is very complicated. I think its very difficult for a lay person to sort through even when lawyers think theyre being clear i mean, lets be honest, sometimes lawyers dont get it right, which is why you have the Appeal Process and people have this conundrum going on. Youre honore, let me turn back to you though, because you mentioned something about there could be a misdemeanor instruction. This has been a very important point of reference because obviously there is the falsified Business Records in new york law that is a misdemeanor now, it becomes a felony when its done to try to hide another crime, it appears that the theory theyre using is either a Conspiracy Base or a Campaign Finance violation, or contribution or maybe even tax fraud that has to come out and summation in full. But what would be the instruction for the jurors . Are you saying they could possibly police fine for a misdemeanor nonetheless right. The misdemeanor is called a lesser included offense. So felony is more serious because the penalty is more serious than a misdemeanor so its really interesting because on the defense sayyed, they may say, yeah, we want judge, included instruction that says you could just convict him of the misdemeanor or misdemeanors the prosecution, however, may say, oh, no, no, no, we dont want this lesser included. Were going with the felony. Its all or nothing so sometimes these lesser included end up being a compromised by jurors if they just want to unanimous on something. So the prosecution may say, nope, we dont want it. The defense may say yes, we do. And then its left to the judge to decide. And sometimes, for example, in california, there are mandatory instructions that say if there is a lesser included, it has to be given. So i dont know what the procedure theres a new york but its certainly an issue of importance to both sides. Judge, the doors cordell. Thank you so much for joining at devlin barrett. Please stand standby as well because we are a week away from Closing Arguments in this trial. I mean, another week, i want to talk about now is cnn legal commentator and former trump attorney tim predatory, also for Bella Process its a keeter, Elise Adamson is with us as well. Okay. Lets just get to this idea of instructions. I know this is the nerdy part. Were talking about the law. This is the most important part though, because first of all, the Closing Arguments, you want this primacy recency, right what the jury is going to hear it, they got a whole week alise before they hear that, and then come the instructions by the judge if youre prosecuting this case, what are you going to hang your hat on for these instructions well, i would definitely be fighting the defense on what they want included. I mean, again, their standard instructions, youre going to get the reasonable doubt in section youre going to get the credibility of the witness instructions. This is this is true and all cases, but what weve seen today is the defense wanting extra instructions included, like theyre telling of how the jury needs to be explained, what the intent to defraud means for instance. So if i was the prosecutor right now, itd be thinking two things. Number one, and we just heard this. How are we going . Thank to protect the record on appeal, you dont want to fight too hard because if something is not given to the jury, that is later to be term and should have been then the case is going to be reversed and you dont want that, but you also dont want too much coming in. You dont want the jury to be so confused by the instruction set, it almost seems like their burden is enhanced right . So thats its a difficult needle to thread, but thats what i would do. The Closing Arguments, tim. So important. I mean, this is the time that a lot of lawyers become all the more performative they are trying to shine. They are going to cherry pick the out of their cases and say, remember this, this, this, this, and this and the defense size leads pointing out theyre going to counter and every way youve been a defense attorney, you will also done these case at cases that are similar to the fact pattern of falsified records and beyond when to documents, case how do you make it to the jury is not eyes glazed over. What are you going to turn to . Oh, you got to keep it interesting thats trial is drama. To show. And its theater. So you have to keep the jury interested and here, i would structure it all around the Jury Instructions. The Jury Instructions specifically on the falsified Business Records are very clear as to what all the elements are and so i would keep coming back to that, but then weve in you saw this you saw that keep going back to the testimony and at the same time, i think theyre going to spend a lot of time talking about Michael Cohen. The defense sayyed, i absolutely i think theyre going to spend a lot of time talking about Michael Cohen and his credibility i wouldnt be surprised. In fact, i would advise them stay away from stormy day you dont you dont have to talk about her at all because the reality is, it is a totally irrelevant trial within a trial is to whether what she said is true because the reality is whether there was relations between the two of them are not it doesnt matter what matters is she had an embarrassing story to tell. They paid the hush money to keep her from telling it whether it was true or not, is irrelevant. So i would kinda try to shove her to the sayyed as much as possible and just say thats not really relevant. What were really here to talk about is this when the prosecution, theyre gonna go on for very long time. Well, why do you agree with that, at least would you also have a similar philosophy, respect Stormy Daniels . He personally, i wanted because i think stormy to andrews provides a very powerful motive for the former president to want this story kept out of the public eye. And i hear what youre saying that even if its not true and i think thats what Michael Cohen initially said wright and his what hes saying now is as false statement, even if something is not true, it can still be harmful. But what i think it being true kind of lens more credibility to the entire narrative. Why was he so panicked . Well he didnt want this to come out. This was an embarrassing story. We heard Stormy Daniels in painful detail recount this encounter. He didnt want that out in the public eye, so i wouldnt necessarily sidestep it. I wouldnt spend too much time on it because i agree. There are more relevant issues that youre going to want to describe to the jury, but i would spend a little time on it and they want to focus on it. Its just if youre the prosecution, ive met your burden of proof. You want to focus on the fact that there was an incentive to actually have him pay someone because of the election. But thats the price that because the election part is where i think the jury is going to have some questions, dont you . Think because is it for personal reasons that he was trying to cover it up because hes trying to protect his wife and his family, or is it for the election . They only have the word substantial to go on. How do they judge it . Yeah, it becomes very difficult and really what i would do is the prosecution is going to go on for a very long time, even though theyre going second you know that theyre going to go on for a very long time. Theyre going to get very detailed. Theyre going to get very, quite frankly boring as defense, the best way to counter that is to take the whole story and make it as simple as possible. And kind of acknowledge right out the gate. There are a lot of aspects to this case that are not in dispute, so we dont need to spend a whole bunch of time hi, im on it. Yeah. Theyve proven Beyond A Reasonable Doubt that there was catching kill. Theyve proven that there was a hush money paid. Theyve proven that Michael Cohen was paid back for it but thats not what hes charged with. What hes charged with is the falsification of these records. So really try and focus in on that. I mean, i try the case in front of judge merchan once where i went to the moves of mixture of misdemeanor and felony and i said to the jury, hey, counts two and three, good. Find him guilty on that. They did that. Lets talk about count one and is much of the stuff thats not in dispute, just kinda throw it to the side, you know, the prosecutor is going to spend a bunch of time trying to prove the jordi admitted piece focus them and just say this is the one piece. If you cant, if they cant prove this one tiny little piece than the whole case falls apart. This is the name stuck theres is 34 counts and of course, a jury is not going to be asked just one question is if it was a wire fraud and the federal case are gonna be asked look through each of these different document each time, but speaking of documents, i had to turn them maralago for a second. Im looking at you for a second because we have learned that there are new unsealed Court Filings in the classified documents case. One of what, three or four. Now that trump is facing a federal judge saying that additional classified docs were discovered months after the fbi search and they were in the bedroom in maralago. Trumps bedroom. You guys council at one judge, how was wrong . Joes house wrong. I was there. So you were in the bedroom . I wasnt in his bedroom, but i did help to recover what theyre talking about he was an empty folder that said classified Evening Summary on it. It didnt have anything in it. And classified is not at a level of classification the exact same folder is on display in the bar in trump tower the exact same folder is you can buy it off of ebay it was something and i was i was here on cnn talking about it at the time with paula reid where he had this classified Evening Summary folder covering his phone, his desk phone to keep the blue light outs when he was sleeping. Okay. It was it was there. Are things i do a lot of booby traps in my head as well. Im just saying that to try to figure out how to get the best sleep possible but you know, and i want to bring you in this lease on this issue we have seen images of documents being moved around. We know that there are different places in maralago, the crux of this entire case can can be ultimate confidence that he ran out, that he was fully forthcoming about where all the documents were. I mean, youre talking about one file. Is that is it popular is not more than on