crime is that's what the problem is >> we ended immediately the judge ended and save his reputation for the part about not naming the crime isn't true and we'll talk about that tonight is for the late mother teresa, she was judged by the nobel committee, which awarded her the 1979 peace prize for her service to the orphans leprosy patients, and terminally ill of calcutta. with us tonight, your criminal defense attorney, arthur aidala hello, cnn legal analyst norm eisen, who was in court today along with cnn's kara scannell, also with this johnny jones, the third former chief judge for the us middle district of pennsylvania, is currently president of dickinson college. so care we just learned the sections of pecker and cohen's testimony that the courts decided to read back? >> yes. so we learned from the lip parties that they both agreed to and two of the requests that came from the drain, these questions they wanted david pecker at michael cohen's testimony as it related to the meeting and trump tower, this is the start of a conspiracy according to the government april 2015, when pecker agreed to the eyes and ears, the meeting where trump income. basically said, what can you do for the campaign, right? >> what can you do to help the campaign? hey, david pecker says he'd be the eyes and ears and trump's says, you'd be in touch with michael cohen about this. so the portions of the transcript that we know we're going to be read back and it's it's more than just this expert with this is part of it. this was from michael cohen's direct examination where he's questioned by the prosecutor, susan hoffinger. could you tell the jury, please what was discussed and what was agreed to? at that meeting, cohen says, what was discussed was the power of the national enquirer in terms of being located at the cash register of so many supermarkets in bodega, is that if we can place positive stories about mr. trump, that would be beneficial, that if we could place negative stories about some of the other candidates that would also be beneficial question, was there anything else that mr. pecker said he could also do for mr. trump's candidacy yeah. what in substance city say cohen says what he said was that he could keep an eye out for anything negative about mr. trump, and that he would be able to help us to know in advance what was coming out and try to stop it from coming out. and who did he say he would get in touch with if he was able to identify those types of stories cohen says the answer was me. mr. trump also, knowing my relationship with david. this is in quotes, he's quoting trump, the two of you should work together and anything negative that comes your way. you let michael know and we'll handle it. now, interesting in this is that the prosecution in their closing said, if you don't i believe michael cohen look at david pecker. so they've also asked for david pecker's testimony on this and among the portions that they will here tomorrow, this is on cross-examination where aiml beauvais asked pecker, do you remember that you confirm that during the august 2015 meeting that there was no discussion of catch and kill, correct? pecker says yes, question. and during the august it's 2015 meeting, there was no discussion of a financial components any agreement with president trump and michael cohen, correct pecker says there was a discussion about that. i was going to be the eyes and ears of the campaign. and there was a discussion that i would be notifying michael cohen of any women that were in the process of going that were in the process are going to be selling stories and i would notify cohen that they would be available and they would either have to buy them or take them off the market, or kill them in some manner. now, another part of testimony, they asked for was about david pecker's phone call with donald trump in on that called david pecker recounts how he is talking to trump about karen mcdougal, trump, asieh, if it's true that a mexican companies willing to pay million dollars, he also refers to karen mcdougal as a nice girl and david pecker advisors, donald trump, you should buy this story. trump says, i don't buy stories, but you'll hear from michael cohen. so it kinda gives you a sense the jury is very focused on the facts on at least understanding this first part especially because todd blanche, in his final arguments, he talked about this meeting and said reiterated that pecker didn't talk about catch and kill, would they didn't use the term catch and kill, but what pecker just said in his testimony was catching and killing stories, right? not using that phrase, he would pecker said on the stand he hadn't used that phrase, but they're talking about buying stories, transferring money. so really underscoring that, that is what they were doing norm, what stood out to you and what do you think was the most important stuff that we learned today? well the jury instructions were dry obviously, it was a lot for that jury to grasp over 50 pages of them they want it's another thing they asked for. they want to hear them again, but the law anderson is very unfavorable to donald trump because the judge has clarified a number of legal issues in ways that really helped the prosecution. in what ways? one of them is that they don't necessarily have to all agree on what the actual crime is correct. >> and he gave them a menu of options, really, these are low hurdles and that's clearly where the jury is focused on the conspiracy. part of the case. the thing that makes this a felony if they find that a and only one juror has to find this right? that cohen used documents that had misrepresentations in him when he was setting up the business his consultancy, his bank records, that's enough to create the crime if a tax forms the ten, 10909 instead of describing instead of describing income, it was at those sums were actually reimbursements that both creates the misdemeanor document felony that kicks this case up or a separate tax offense, and then there's the federal campaign issues that these four requests are focused on because if there was an agreement, cohen testified corroborated by pecker to benefit the campaign and money was involved you read those instructions? that's a contribution. so the judge applied the law, i think fairly applied the law, but the law is very favorable. >> are you going to go can we use the word uniquely though la plot apply the law only because no one antigen in that courthouse which has been there. >> i don't know 100 years like no one has given that charge before judges have paton jury instructions. it's a big three-ring binder and they go through it and they read what reasonable doubt is presumption of innocence, burden approved credibility of witnesses, and they they doctrine up a little bit. but this part that norms talking about has never been given before. and the judge really said things that not even the prosecutor laid out. the judge laid out the prosecutors case and the charge better than the prosecutor didn't. five hours. and that's spells doom for donald trump. >> judge, what do you think? >> well, first of all, i learned today that new york doesn't send them for jury instructions out which is archaic. >> it's ridiculous. the jurors don't have a copy of the jury instructions leaving ridiculous in the federal system where i toiled. we sent the instructions out. its madness i mean, even with two lawyers in the jury, how you could possibly retain that. and i think what they want tomorrow are you probably agree with this? is the substantive law. the law the case. they don't need reasonable doubt. they don't need all the rest of it. but to arthur's point and i'm not the judge protective society because i was one. but the fact that matter is that he had to fashion a charge a little bit out of whole cloth. there's no pattern are the, you know, i mean, there's no pattern instruction for this out a little bit i don't hold right, right exactly at this for the first time ever. well, but, you know, he's adjudicating the case. he had to make a charge out of something and he didn't go to that three-ring binder and find the charge. so he put the charge together as best he could under the circumstances. i agree that this is not good news for the defense. it's not the because it makes it easy or jurors don't have to all agree, okay. this is the crime two different jurors can see it differently, but believe a crime was committed, but just see the bar is lower and the one thing that struck me today, the additional thing that strikes me was if you look at the statement of facts that accompanies the indictment the very three first factual sort of piece that's in that statement of facts is that 2015 meeting among trump and cohen and pecker? that means two indicates to me that the jury is going back and they're on the timeline and they're looking to see did trump set something in motion at that meeting? that he's responsible for, and they're looking for independent testimony, rubber corroborating that was the theme. >> corroborating still there's cohen, the pecker trump phone call in which the conspiracy that prosecutors allege was laid out at trump tower is implemented with karen mcdougal and it's the direct conversation with donald trump. so it was not a great moment for the defense when those particular four questions came back, they also they did not take the model. there were two competing models when we talked yesterday todd blanche said, here's all your off-ramps. the defense lawyer start with the documents were not false. trump didn't have intent on the documents, just get to the conspiracy as a last resort. the prosecutor, josh steinglass said no, go on a logically, that's what they're doing. and corroboration that was his magic. >> one thing ends in real quick, is that what's so odd about this case and why it's always rubbed me the wrong way is i went back and looked at the press conference that alvin bragg had when they indicted statement was announced and the judge can tell you that a prosecutor in those press conferences lays out the crime. and in that particular press conference, it just said trump committed the crime of falsifying documents to commit another crime, and he's asked several times by reporters to commit what other crimes that he says the law does not necessarily it's not necessarily under the law for me to tell you now we're really finding out what it is in the judge's charge with this judge will tell you is unheard of that you find out at the end of the case and the judge is charged what the actual crime is, correct? yeah. that's correct from the standpoint of what's given to the jury you can let's say that defense counsel didn't know what the crimes were at the beginning of this case, arthur, they knew they knew very well what the predicate requested a bill of credit didn't get one de got an answer to the bill of particulars and it lays out 17152, this election conspiracy. >> i want to thank everybody. we're going to continue this argument. we're going to take a look at more in preparations for the verdict already well underway for that, let's turn to the scene instrument prokupecz and lower manhattan. so talking about security preparations so anderson were outside of the courthouse here in lower manhattan, so the barriers have been out here. >> this is actually the street where donald trump, this is where he goes in every morning through the side door here into the courthouse. and you could see here, we're going to turn around here in many of the barriers are out here already. this barrier here in the middle of the street was just added today. dissipation of the verdict. this is where reporters generally assemble. this is where all the live shots are done. the one of the biggest concerns here is just what goes on opposite here in this park. >> this is where are the protesters will gather, where supporters of the former president and then also the people who are against them. one of the things that's going to be happening here once the nypd wants, the city gets word that there is a verdict we expected them to surge more officers into the location. they're trying to do this quickly as far as we know, but things sometimes take a little time because their concern is the longer once there is a verdict and the longer it takes to announce that verdict, more attention could be brought to this location. more people will gather. and so they're trying to avoid that. so once there is a verdict, they're hoping to be able to get it out and get it read quickly. but right now, the security here certainly is much different than what we see during the day. there was a lot of barriers and there's certainly a number of officers it's out here. the secret service is protecting the former president. there's also concerned for the jurors as they leave once the verdict is rendered that is the court security. those are the court officers. they provide security two the jurors until the court staff and then the nypd will be managing all the security out here. >> anderson brockovich. thanks to understand what jurors are going through and the trump trial we're going to talk with the juror in another high-profile new york case. we'll learn firsthand how hard it can be in that jury room to reach a verdict? and later, supreme court justice samuel alito, he just sent congress members a letter explaining why a flag that january 6 attackers flu also flew above his house, making clear he has no plans to recuse himself from ruling in the former president january 6 case reaction tonight from congresswoman pramila jayapal, who wants him to do just that ahead on 360circle is the energy that gets you to the next level circle is which hold for life tosses limits away so available that hallmark and drinks circle.com. sure. i'm a paid actor and this isn't a real company, but there's no way to fake up. work can help your business. >> so such talent all over the world with over 10,000 skills, you may not happen house more than 30% of the fortune 500 use upwork because this is how we work now ocd is more than what you see on tv. >> and in the movies, it comes with unrelenting intrusive images, thoughts, and urges. if you have ocd and need help, you can get better. who specialized treatment go to know cd.com to learn more? 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>> well, i would just want to be very clear all of this is reading tea leaves here. and the first people well, who will tell you they don't know anything are donald trump's team? they're just hoping for a hung jury right now. but what we do know and have learned tonight is that we saw donald trump bring in a series of donors, allies lawmakers. and while they were in the courtroom, a lot of them were observing the jury and then relaying their observations back to donald trump's team and they weren't all negative. some of these various lawmakers particularly some of the high-profile lawmakers, said they saw one or two of the jurors acknowledged them, make eye contact at one point, someone said they were giving off positive vibes but could not exactly define what that meant. but they also said that they want one of the jurors not along with todd blanche at one point, making faces while michael cohen was talking, giving his defense or at least answering questions from blanche during the cross-examination. >> now, all of this is not to say that they believe that this leads to a hung jury. >> it means that they are holding out hope that some of these people who were more receptive to donald trump or the people donald trump was bringing into the courtroom might help them get a hung jury, which really is the ultimate goal here. just a reminder, none of them believe that he's getting acquainted at the end of this, it's either a conviction or a hung jury at this point, allen, you you heard christians reporting and you spent on time looking at jurors and trying to your stand, jurors, do you believe that you can interpret what a juror i mean, do you believe these signs that people are interpreting that you saw jurors make it's pretty difficult to do. i think maybe you can in totality, but one or few nonverbals here on, there aren't going to give you a real indication as to which way a durer's leaning. but if i was sitting in on the jury selection process and listen to the questions during voir dire looked at the jurors, listen to their responses, and then in my mind, but this could be a pretty fair juror for my side for the defense. they might be the juror that's hangs a jury or that argues in argues to keep things going. and then i saw subsequent signs. maybe i'd be feeling pretty good about it, but i would say that a few nods or an acknowledgment a low form of that. i don't think you can read too much into that. >> fill up. its fashioning. you were a juror on a very high-profile trial in 2009 and new york brook astor, a big socialite philanthropist in new york. her son had been charged with bilking her out of millions along with an attorney of his i mean, it was long, lo