Storied criminal trial. Are cameras just captured trump going back into the courtroom, he waved at reporters but in th, did not stop to say anything. I am john roberts in washington. Gillian think of having me, john im Gillian Turner in for sandra smith that adeterminer. This is america reports. Stormy daniels took the stand at 10 30 this morning starting by describing her upbringing, family life and early career than what she got into the details of the sexual encounter she says she had with trump now about 18 years ago. John expert analysis to cover everything we have heard so far and to react to the new testimony as it happens. Gillian first we go to nate foy live outside New York State Supreme Court with the latest details on the trial. Hey. Hey, jillian, former President Donald Trump posted on truth social callings is an agent case saying it should never been brought. This is as court is about to resume with Stormy Daniels on the stand. Her first couple of hours on the witness stand she testified that she met former President Donald Trump in 2,006 and an affair with him just before breaking for lunch she was starting to speak about the process of selling that story to Michael Cohen for 130,000 while trump ran for president. Daniells claim that she met him in lake tahoe shortly after she was invited to the penthouse and allegedly had an affair. She says she met him at trump tower and kept in contact because she wanted to be on The Apprentice tv show and thought he could help her career. Every blog post about their religion affair in 2011, daniels claims a man approached her in a parking lot and told her to stop telling the story about trump supporter stop telling the story about trump and daniels said telling the story to call hands was the bestcase scenario because then husband or no one should be saved. During crossexamination the legal team could question daniels about Revia Statements she made also denying these affair. Trumps on ericas there today. He posted on ask to be clear that they dont give a you know what about the merits of the case. The prosecutors are at their table and behind the Courthouse Pews giddy by the salacious show. This is the intent, not the merits nor the fact this entire case is a Massive Extortion Player so court is getting back underway right now. You can expect to learn more about daniels selling her story to Michael Cohen. We will send it back to you, jillian. Gillian nate foy outside the courthouse in manhattan thank you. John lets bring in Andy Mccarthy former assistant u. S. Attorney and Fox News Contributor. As court got back underway, todd blanche immediately moved for a mistrial. The judge mershon claimed Stormy Daniels testimony, saying the prosecution which has no case has gone too far. Mistrial. Are there grounds for a mistrial . Yes a lot of this is salacious with no apparent purpose connecting it up to anything relevant to the trial. I actually think the trump team, they are not going to succeed in this, the judge is not going to grant them a mistrial, but they can use some of what judge has done to bolster their motion. I regard this is unbelievable. The Trump Lawyers vigorously objected not just to testimony, but in particular to graphic descriptions of the salacious details of the sexual encounter. Merchan overruled and let them elicit graphic details and sent the jury out of the room apparently to lecture the prosecutors for eliciting the testimony that the judge said they could elicit. Its remarkable. Gillian that content, you know, may be salacious. It is salacious. But dont the jurors need to hear from Stormy Daniels to decide whether they believe her story . To decide whether they believe she actually had this encounter with the former president . Or do you think that too is irrelevant . The truth of her story is not relevant, jillian, one way or the other. The case is about its hard to remember this because of the way the case has been tried. But the charge here is that in 2017 trump falsified Business Records of a reimbursement to Michael Cohen. The fact that the reimbursement was for a nondisclosure old then my deal and that he was prompted to pay the deal because of the allegation by Stormy Daniels was true or false makes no difference to how they booked these payments in 2017 which is what the case is supposed to be about. Gillian so if i understand you ive been trying to get this answer out of a couple of our legal analysts this morning. If im following you correctly, andy, it seems the jurors do not need to make up their minds one way or the other about whether they believe Stormy Daniels and the former president ever had some kind of affair in order to determine his guilt or innocence, right . Thats what you are saying . Jillian i think the reason it is hard to get an answer to that question is there is with the law should require and there is the dynamic of the way the case is played out. If we are talking about the charges in the indictment is entirely correct that it does not matter whether the jury believed this happen or not because it is really not relevant to why the records were falsified and whether they were falsified. However, once the judge lets the testimony and, its a live issue in the case. I think it could affect trumps decision whether to testify or not. If you could narrowly testify about the charges that would be one thing, but now the jury is going to expect him to testify about Stormy Daniels allegations and description about they are encounter. Its entirely possible that if he testified about it and they did not believe him, they might convict him even though her testimony is not relevant to the charges. John is that all part of the Prosecution Strategy then . To put trump in that box you just described . It is also to paint him as a less than savory individual . I dont know the history of criminal proceedings, but it would seem to me if you are a jeweler and you think the person you are deciding on is not a good person you may be inclined to convict. That is absolutely right, john. It is a piece of everything else. It is more sensational to anything else happening in the tribal lets again remember the charges in the case are falsification of Business Records in 2017 which is usually a misdemeanor in new york. Its about the theft of the 2016 election by suppressing politically damaging information in violation of federal Campaign Finance laws which he has no authority to enforce. Full trial has been inflating what the charges are actually about which are pretty trivial in the scheme of things. Do you think it was a mistake with the judge in the courtroom at all or do you think it would be a better job of limiting her question and limiting the testimony she was able to provide . Jillian, whether it is a mistake depends on what your objective is. If we want to indulge the fiction of what judge merchan is here with due process and integrity then yes, it was a mistake to allow this testimony. But if the objective is to get trump convicted so that joe biden can spend the months prior to the election calling him a convicted felon and not terribly worried that down the road it gets reversed by the Court Of Appeals than it is not a mistake at all its the plan. John in terms of the appeal, we dont know if you will be convicted. If he is obviously there will be eight appeal. In a coat of my totally different case in terms of what has happened but may be similar from this point the Harvey Weinstein case, it Court Of Appeals overturn his conviction because the prosecution brought in witnesses who were not directly related to the case. Is Stormy Daniels is not directly related to the falsification of Business Records that they potentially could have irreversible point on that . That is one of many points they have but the thing about Harvey Weinstein is if im remembering right his trial was about three years before his conviction out reversed. Of trump gets comfort from the Court Of Appeals in 2026 i dont think it will be cold comfort. Be one you are probably right about that. Andy, thank you. Good have you with us. Gillian thank you for answering my question we appreciated. Court is now back in session and the trial against former President Trump, the defense is calling for a mistrial over Stormy Daniels testimony, how will the judge rule . We will break that down coming up next with two criminal Defense Attorneys, stick with us. Limu, someone needs to customize and save hundreds on Car Insurance with liberty mutual. Lets fly Inaudible Sounds chief doug. Inaudible Sounds ooooo ah. Elevator Doors OpeningInaudible Sounds i thought you were right behind me. Only pay for what you need. Liberty, liberty, liberty, liberty. Okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. Yay woo hoo ensure, with 27 vitamins and minerals, nutrients for immune health. And ensure complete with 30 grams of protein. A slow network is no network for business. Thats why more choose Comcast Business. And now, were introducing ultimate speed for business our fastest plans yet. Were up to 12 times faster than verizon, at t, and tmobile. And existing customers could even get up to triple the speeds. At no additional cost. Its ultimate speed for ultimate business. Dont miss out on our fastest speed plans yet switch to Comcast Business and get started for 49. 99 a month. Plus, ask how to get up to an 800 prepaid card. Call today gillian welcome back former President Trump is back in court as his criminal trial in new york continues they are moving for a mistrial arguing the testimony we have heard so far from Stormy Daniels is prejudicial and designed to inflame the jury. Lets bring in mark eiglarsh. Mark, welcome. The former president himself said this morning that we filed a we filed a legal claim as a legal claim in the paperwork, that is the end of the story what if you make of that com comment . I dont know, i really dont. Im not exact but sure what he meant by that. I think he is doing everything he can to make sure everyone understands this is a meritless claim that should have been brought against him. There are certainly not proof beyond a reasonable doubt he committed fraud. John lets talk about the motion for a mistrial in i just got some notes from Grace Taggart in the courtroom for us. The Defense Calls for a mistrial saying it is absolutely prejudicial testimony by unelected incident is way different than the story she was published on my paneling in 2016. Blanche says the prosecution is trying to inflame the Journey Stomach Jury about stuff that does not matter, and elicited second advance by trump also talking about a safety and consent issue. Blanche is saying we sat here and objected as best as we could but she was able to say what she said. How can we come back from this in a way that is fair for President Trump . The jury, some of the stuff was stricken from the record but the jury still heard it and how can you on the hear it . The prosecution says wait a second here, the defense was fully briefed on stormys testimony and the options and this testimony is probative to trumps intent. Mark, this is something i brought up the next hour. Is the prosecution trying to prove that the story was so tawdry and so salacious that as a president ial candidate donald trump would go to any lengths to stop this from getting out . Absolutely. That is clearly the stated reason but the obvious reason is anything you can do to trash and a particular specifically donald trump, they are going to do it. The more they could get into his bad character and the judge will allow them to do it, they will do it. We learn from the Harvey Weinstein case you better be careful. There are consequences when you somehow go after details that are bad character, dont necessarily prove the underlying issues in the case. You risk a reversal. So what the defense is doing by moving for a mistrial is preserving the record on appeal. You must move for a mistrial so that when the Court Analyzes a potential conviction assuming there is one, they will say the defense did everything they could to try to get the judge to fix this and of the did not. John as mccarthy pointed out i think astutely moments ago you might have grounds for a reversal on appeal, but that appeal likely would not come for a while. If he gets convicted joe biden gets to hammer him all the way till november. No question. John the judge said no mistrial perry would not expect it. We knew that. Gillian right before the commercial break where hearing that so lets bring mercedes because she is a criminal Defense Attorney. Mercedes, what do you make about Stormy DanielsTestimony Today . Do you think she should have brought in as a witness . Do you think she should have been allowed to answer the prosecutions line of questioning that became very salacious lead detailoriented . Such a key question and really a lot of Defense Attorneys like myself and mark who have Great Respect we kind of expected. We expect evidence to come and that is going to be tawdry that is going to be effective in terms of trying to do everything you possibly can to blemish the defendant on this who is being persecuted. That is something we are entombed to do and certainly time and time again by prosecutors that will do it, but you have to be very careful when you do Something Like this where you start to bring in so many details. Of course the prosecution will say they are is specification for a. Because the of said clearly that had been no intimate experience between miss Stormy Daniels and former President Trump. It never happened. He has denied it publicly, he has denied it goal he has obviously not taken a stand, who knows if he will . You know going into this trial that he has denied vehemently that anything took place intimately between himself and a Stormy Daniels. The prosecution will say well, when you have a witness that is so detailoriented about that physical intimacy that took place, you have to give credit to their credibility. That is how they will try to argue if, in fact, it becomes a pivotal issue for allowing this evidence to come in, if former trip President Trump is convicted, you will see the prosecution say it is routine for the prosecution to bring up this type of testimony especially when you have a defendant that is vehemently denying any intimate relationship took place between himself and Stormy Daniels. John on that Point Kerri Kupec is in the Overflow Room we got a note from her, judge merchan about the Testimony Judge said i agree it would have been better if some of these things has been left unsaid to. He says a mistrial is not warranted, he is doing everything he can to control the witness including objecting himself once, but he is the guy who let this in in the first place exmac yes and no. He let some of it in but clearly as the defense feared, she stepped over the line. The lesson is you cannot trust pornstars. To probably put in some level of detail that some of the things she said went beyond his ruling. And added information that should not have been there which will help the defenses argument on a mistrial. However, however, the judge is saying it is not so bad that it causes significant to heirloom and thus we need to grant a motion for a mistrial. Gillian so, mercedes come the last court note, the last phrase we got here was judge merchan pointed out at one point the court interjected because defense was not objecting. I mean, have you ever heard of that . That is pretty routine. Oh. If judges feel that is going awry they will say there is some Background Noise i could not hear fully but yes. There are many times where the judge will step in especially when they start to see there is a very likely little chance that evidence will get in that is inappropriate and can tip the scales in either direction. You know, if there is an appeal may be this is inadmissible evidence that has come in and no curative instruction can come in and be told to the jewelers to cure the issues that have arisen during the course of the trial. A lot of t