restored the news continues right here on cnn outfront. >> next, breaking news, the jury asking questions, sending notes to the judge. i watched them in the courtroom today. >> the men and women now deciding trump's fate, telling the judge they want to rehear testimony from two key witnesses, plus justice alito defiant tonight, refusing to recuse himself from cases guides january 6, blaming his wife again and again in a rare letter to congress i'll talk to congressman jamie raskin he says he knows how to force alito to recuse. >> and fear of a terror attack in new york, police ramping up security tonight as isis case suggests, it may target a stadium that holds up to 34,000 people. let's go out front and good evening. >> i'm erin burnett outfront tonight. the breaking news, the jury sending out notes twice late today asking crucial questions as donald trump's fate tonight hangs in the balance. now, trump's criminal trial is now in the hands of 12 new yorkers who are debating whether to convict trump in the first criminal trial of an american president ever. seven men and five women on that jury. they haven't deliberating now for more than 4.5 hours. >> and i was there today when they sent out to note first, they asked for the transcript of testimony from two major witnesses, the former chief of the national enquirer, david pecker and michael cohen, trump's former fixer. the jury specifically asked for the testimony of each of those people, cohen and pecker regarding a crucial meeting in trump tower in august 2015. >> that's where prosecutors said trump, cohen and pecker hatched the plan, conspired to boost trump's chances of winning the election by buying and killing negative stories now, they are asking you that specific meeting is important and testimony of the two people who testified who were in that meeting pecker's testimony had been overall for the former president. he had for days on the stand provided salacious details about trump's alleged affairs and efforts to conceal them before the election now the jury also wanted to tails other details from pecker's testimony that includes information about the former playmate, karen mcdougal, who had said she had nearly a year long affair with trump. >> now, while the jury was meeting today, the former president had to be there every time they do a note, they come back in the room. >> the judge, the jury and the president the former president, and the lawyers. and otherwise he's sitting in a room off the side waiting on the jury like everybody else. he had nothing to do, apparently, so he fired off more than 50 social media posts in a room somewhere near that courtroom, waiting. and he attacked the judge again and again. as well as others. but juan merchan laying out great detail. the jury instructions which trump slammed. i want to hold these up because this is actually really important tonight. this is 55 pages it's not determined whether he's guilty or innocent and maybe like a couple of paragraphs. i mean, it's 55 pages. look at it of a jury instructions on how to determine this case, how with the jury should do to reach their verdict. now, here's what's amazing. the jury does not have these instructions. they actually don't have them. it's sort of incredible. 55 pages laying out the rules to convict her quit former president. i'd states first to history, and they're supposed to remember the 55 pages which brings me to the next note that the jury actually sent out today. they asked for those instructions to also be red tomorrow. and the judge is saying, well, which specific part, so they're gonna they're going to clear that up in the morning. but trump, of course, is very upset about the instructions he's not happy with them and he spoke out about it today. >> i would say it listening to the charges from the judge who's as you know, very conflicted because of the conflictual very, very correct mother teresa could not be discharged these charges are rigged the whole thing is rigged the new word can flexion will paula reid is outfront outside the courthouse. as you have been into fatigability as we say, paula. >> so everybody is trying to read tea leaves on these notes from the jury, right? first, they asked for four pieces of testimony going to be re-read, including crucial testimony about that meeting, testimony about mare and karen mcdougal, then they came back and asked for the jury instructions to be read again. >> what are you learning? >> yeah my favorite thing about today are, and what are the unique features of the new york court system is that when the jury has something to say to the court, they have to bring a bunch and then we hear this buzzer. >> everyone freaks out and then we wonder what do they need and we learned today they sent these two nodes. the first one was that they want to hear more testimony and we know that they have a laptop that includes a lot of evidence from this trial, but it does not include transcripts from testimony from witnesses in this case. >> so they asked for four specific pieces of testimony, three of which are from david pecker. they asked for a testimony about a call pecker had with trump details that pecker testified two about the deal that was reached with karen mcdougal, pecker's testimony about the trump tower meeting, and then michael cohen's testimony about that same meeting. now what was really interesting is that the judge locked both the defense attorney and the prosecutors in the courtroom until they could agree about exactly what the jury will hear back and let the jury go home. but he said, look, you're not leaving until both sides agree on what we're going to read them back related to this testimony tomorrow. now, the judge soulmates to settle a few disputes, but tomorrow nine 30, we'll be back here in court we'll kick off as the court reader, the court reporter, she will sit on the witness stand and she will reread these portions of testimony back to the jury now, as you also noted, they have also asked for the jury instructions to be re-read to them. the judges and clear, though they need all 55 pages or just parts of it. now, erin, that was a surprise that they asked for that it suggests that there was some this agreement about what they just heard a few hours of before. but when it comes to the testimony, the fact that they're asking you about the 2015 trump tower meeting, the prosecutor here's allege was the first step in this conspiracy. that's suggest erin they're going through chronologically, and that would also suggest we could be here for awhile. >> yeah. in the second part of that being important all right. if are going chronologically, you are you are at the very beginning. i paula. thank you very much and on our panel is here with me, mark amira, i want to start with you just as you take a look at where we are you're four plus hours in. it was just before i want to say 3:00 when the first note came out, we all came running into here it and it was requesting those four pieces of testimony and then about a half an hour later, 20 months later. so the next request for the actual jury instructions to be read back. so when you take all this and you're four plus hours in, what do you think at this point doing it very well. >> i think you're doing chronologically. as was just said, there's two ways for two reasons, sometimes to want a transcript. one is too simplistic, one, i thought she said the light was red. no, i believe she said the light was green and they bring out the transcript to resolve the conflict. in fact, as remembered by the juror. i would tell you it doesn't see me what's happening here now that we know they're asking you for different transcripts about the same event that one event that may be the first step in the conspiracy as a wedge five prosecution so i think it's good that they're going through it logically. somebody said a couple of days ago might be one hour jury, and i think the rest of her said, when our verdict we said no way. and i think they should take to time. it's a very, very significant case. i think they are and i think they have a lot more work to do through tomorrow and maybe the next day. >> all right. so here you been in there every every day of the trial and you spent a lot of time watching the jury. obviously, i think what was so interesting today is that it's empty and then all sudden the note comes out. it's like back to the 18 50 friday, those phones like rats and we all go running in and then the jury and the judge or it comes out. okay. and then they put their requests but you have spent a lot of time watching the jury all the way through this. kristen holmes, who obviously covers the trump campaign. she's reporting the trump's team believes there are one or two jurors in particular that could deliver them a mistrial what what's your take on the jury luck. >> that fact is unremarkable. were exactly at the stage where people are, you know, every little thing your tease out in 16 different directions. each party made their final calls for jury selection. remember thank took a couple of risks and it's just part of the trial lawyers ardor obsession, their focus very much on the jury, and i think it stands to reason for each of them. was number seven kind of smiling when you're you just somebody that seemed to nod when jd vance was in the room, there you go. take you'll are a lot of eyes on that journey. that's right. so in other words, the fact that they say, oh, we think there are one or two who could be holdouts. says essentially nothing. every trial you would have something like that and you'd be focused on in exactly now. >> all right. so as you're in the courtroom today and you see this jury going in and out. what do you read into it? i mean, clearly they're taking their time and they've paid attention all the way through. but what's your take on them now? >> i think the questions are excellent. the fact that they are looking for pecker's testimony compared to cohen's testimony at that august 2015 meeting and trump tower, it can mean a couple of things. yes, they're starting at the beginning. we already know michael cohen is already deemed an accomplice. so maybe what they're trying to do is to see if his testimony has been corroborated because the judge said it has to be corroborated. so that's what i think they're looking for. there and as far as the other two questions, i think they want more details about what is pecker thinking? is he credible? because those other two questions had to do with what pecker is thinking about at that investor meaning and also as far as mcdougal's concern. all right. and so ryan on top of all this the judge the juror, the last note everyone, every time there's a note, everyone says, well, maybe they're actually got maybe we're done here anyway. nope. nope, they come out and they want this okay. >> so can we just take a step back on this 55 pages? >> and they don't get to look at it. i mean, i understand this is the case in every case and i want to make that clear, but but that doesn't make any sense. >> hour-and-a-half to read. we were there when he did it. yeah. >> i mean, and then they're supposed to just remember. >> right. so it doesn't make sense in a sense of that's not a smart way of handling the criminal justice system. that is the new york criminal justice. >> so do i understand that prototype you want people to know what they're doing and then think correctly about it. absolutely makes sense. yeah. the way i think of it as like myself as a lawyer, i want that document. i want to look at it and his on my computer in hard copy. i want to circle things and highlight them and then helps me remember it. no, the elements of each of the crimes, they don't have that. they have to do it by memory. and one haven't been told it once so now they're actually asking for at least to be told it a second time. but that really puts it in a really strange category. >> it also raises the question and i'm just saying it raises the question 55 pages. there's lots i don't want to put any kind of motivation, but among the things written on these 55 pages areas, although you must conclude unanimously that the defendant conspire to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those waffle means we're this is the entire heart of the point ty cobb was making last night. >> that's right. and the fat i'm not saying that's necessarily what they're going for but it could be yeah. >> when we read that all the way through these last few weeks and makes your head spin. but i actually think they had with that out on wednesday. and what the judge gave them i think was not all all that complicated. >> you got to do three things they were false and bizarrely, the trump team is fighting on what they're saying. >> oh, that's a real, real things he was actually getting paid for legal services, preposterous, and you these false false records were done to promote some candidacy that looks pretty strong. as well and by unlawful means. but there really leading with one theory which is the unlawful means. here's an excessive federal campaign contribution. so all in all, i don't think you immediately go into the deep band. i think it's manageable for the jury. i just wanted to say one thing about the call, so i agree with it with every but the call's important that pecker takes from trump first, it's very memorable. he's like talking to shareholders, the president, of united states is on the call, but it does two things. i think. first, it makes clear pecker thinks that trump had an affair with mcdougal. he says so. it might mean they're thinking about trump's credibility, including with stormy but second and more importantly, trump tells pecker just go to cohen. cohen will take care of this. in other words, he casts does trump cohen in the exact role cohen said he play? >> and it makes him that's consistent, which could be significant. >> mark amir, i know these direction stand out to you though again, as i go through them, 55 pages well, they really do because it is truly an instruction booklet. >> and if i said to you, aaron, here is 50 five pages. read it once, and then go to not the car, go put together the piece of furniture, go do anything that allen wrench you would say it was insane and yet not to give him that so that you can look through it and answer their own questions. we haven't. got the instructions. just makes no sense to me and i think it is again, sort of grounds for an appeal with the conviction because the state can appeal on acquittal. but if there's a conviction, more grounds for appeal, i noticed that the law or the protocol and new york, but it just makes so little sense to not give them something which is so instructive. and also so confusing to clear up that confusion before they make a mistake. i liked the furniture assembly analogy because i'm having put together certain ikea items. >> i can i i think everybody can now so i did in case you and not successfully broken part but but ryan so where about when you look at the requests that came out today, where do you sort of when you take a step back? >> and obviously maybe the jury at themselves don't know. but where do you think this leads? >> i think the prosecution probably thinks they've are having a good day and the main reason is that in the closing statement, the strongest argument that todd blanche has is michael cohen is not credible and without his testimony at this thing is over the four questions suggest that have passed that hurdle. they're asking about cohen's testimony whether or not corroborated by pecker's testimony, they're asking about pecker taking the call they're asking about pecker's arrangement with mcdougal hush money payment. they've seems like they're not being hung up by that because otherwise it could be game over one final question, tara, you i was just watching trump today and he was very engaged during tapping his lawyers back-and-forth back in. >> what did you notice anything about him today? yes. actually, i did when he left today at the very end of the de he seemed deflated he is looking at the audience, but he looked at his son and donald junior actually looked back and one of the things i noticed, it looked as though donald junior was saying, are you okay? because they did look really down and really deflated. now, maybe earlier he had more energy, but i think by the time all of it was said and done and he was sent to the other room while he waited to see if there were going to be any questions, he seemed very deflated. >> not so interesting. and that exchange between him and his son. thank you all very much. i appreciate it. uh, next we do a breaking news. kristen holmes has new reporting tonight on what trump's team plans to do if trump is convicted. so kristen, next with this breaking news, plus supreme 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