Proceedings. We will see if he stops to speak to reporters as he makes his way back into the courtroom. Usually is not the case, its usually on his way out at this time of day but we will be watching for that hello and welcome everyone i am sandra smith the new york as we head into our number to. John a lot ahead in the next 60 minutes on john roberts in washington this America Reports perry when court resumes they will meet with the prosecution and defense on what should be included in the Jury Instructions before liberation is. Its a critical step of the trial as the instructions will be the last thing the jury hears before deliberating for a verdict. A threadbare inventive prosecution, but the judge can kind of put his finger on the skill or not in these instructions. It will be very interesting the instructions but of course it all goes back to Jury Selection too, who are these people and what of their biases . John we have an allstar lineup of guests to take us through the latest development outofcourt. Sandra first kicking off covered with former assistant u. S. Attorney Andy Mccarthy. He has been inside that courtroom the Overflow Room i should say this morning andy, great happy with us. To give us your thoughts as we kick off a new hour where we expect to see the former president shortly. Well what i would be concerned about, sender, is the judge already put his thumb on the scale and the last thing the jury had ringing in their ears before they left today which was a question put by half and drew the prosecutor who asked costello didnt to another lawyer represent costello or represent when he pled guilty to two counts of Campaign Finance flood to influence and they got up and objected and they objected the objection so its an admissible evidence they have no proof that trump had the Campaign Fraud Laws on his mind at all and they have to prove beyond reasonable doubt that he willfully wanted to violate them. They have offered to my mind no evidence of that and yet i think because of the way the prosecutors have used that evidence or abuse that evidence and the judge has allowed it to happen i think the jury thanks that has already been an established fact in the trial that there was a Campaign Finance fraud violation, people pled guilty to it, the prosecutors told the jury at the beginning of the case that cohen had not only planted guilty but going to jail over even though it was his fraud counts that drove his prison sentence. But i think the most important issue in the case that we keep asking where is the evidence, i think from the jurys standpoint they may think is artie been proved. If you are the defense in this case, and he and you are about to go into discussions with the judge and the prosecution about the parameters for the instructions to the jury, what do you argue . Do you argue to strike the testimony . What else to argue about . This will be strictly theyre not going to strike testimony at this point. And the judge has left that in so many times that if they struck it on this one occasion, john, the jury cant unhear it, they are already gone and its already threaded through the record. Defined the Defense Lawyers from arguing very hard that they dont have evidence of trump either committing or intending to commit a Campaign Finance violation. I dont think its a question of the evidence is weak, i dont think theyve shown that trump even had the Content Finance Laws on mind much less that he willfully violated them and i would be stronger on the idea that willfulness is the highest mental state element in the criminal law. You have to prove that somebody new he had a legal obligation and intentionally flouted it. To my mind, again, i dont think theres any evidence in this case that the Campaign Laws even occurred to trump. Sandra andy, what are we watching for will we start to get readouts of inside that courtroom 10 minutes from now on the Jury Instructions will be listening for . Well, the big thing, sandra, i dont mean to be dead dead horse but will we have complained about since the beginning of the indictment fails as an indictment because it never put that offense on notice of what the other crime is, the crime being concealed or committed. Bragg has been cagey about that throughout. I think its very peculiar that we dont have on the Public Record what each side has asked the judge to charge the jury. Ive never seen a case with it being this close to the vest on something that should be like the most important thing in the trial, what the jury is going to be told about the law, and i have to conclude here that frank knows he has no authority to enforce federal law. The judge knows his court has no authority to enforce federal law, that is exactly what they are trying to do and they are being cagey about it. John so, andy, comparisons have been drawn over the course of this trial to the john edwards trial so many years ago. Where he was accused of Campaign Finance violations for paying riel hunter sums of money that added up to about a million dollars. So the affair would be kept quiet and not hurt his chances of winning the presidency. But he was acquitted, so can we take that as an indication of what might happen in this case . Its even more messy than that, john. So with edwards, the federal Election Commission looked at it and they said there was no Campaign Expenditure. The Justice Department decided to roll the dice and bring the case anyways. The judge really didnt care much for the case but he decided there was enough to send it to the jury and the jury acquitted him and the Justice Department having learned its lesson decided not to bring the case again not to try to retry it. So i think thats a good model of what you want to stay away from and also a reason they shouldve let brad smith testify to explain what a Campaign Expenditure is because the only advice the jury has gone on that so far is from Michael Cohen and david pecker. Sandra the doors are propped open now which means we may see the former President Team reentering the courtroom shortly. Have to wonder whats on his mind in this moment, andy. John yeah. Well, what i would be wondering about because this is a very peculiar thing too, sandra. To have a case where you are at the precipice of summations, the thing is totally wrapped and you say to the jury we will take a week off now and you send them home for seven days after wonder first of all they will be marinated in the publicity about this case. John andy if i am the Defense Lawyer that cant be good in new york. John the former president has been working out and will be talking to the camera in the hallway right now looks like he has a whole page full of notes. There is no crime in fact i just got almost every review that has been done about the case so far as they say there is no crime. It should be dismissed before you even have a verdict, but lets say its complicated but also with a conflicted for this judge is complicate it and conflicted. Nobody is ever seen anything quite like it but we have a situation where we have no crime. And these next couple of hours are very important because the judge will try to manufacture one where he goes from a misdemeanor which doesnt exist because of the statute of limitations, doesnt exist absolutely, and they tried bringing it to a felony but he cant do it because they have available to prove it and you see whats happened, remember im not allowed to say what i would like to really say because im gagging to. You be very impressed but im gagging so why would i take the chance . We want to defend our constitution so maybe one day i will take that chance. Its a very serious situation where if the republican nominee for president , the republican nominee, someone who won easily and quickly in record time its number one, gagged, and number two, before a democrat appointed judge and you are Playing With Fire like this its very sad. But the good news is they have not proven the case, there is no crime. No your going to read all of these experts and you know to go over that again but legal scholars, talented people, very smart people there is no crime. So maybe they will try to devise one right now to the judge will help them out because the judge has been very helpful to the other side. And that should never be and it should never be in our country. Now also they are releasing a Million Barrels of oil from the northeast reserve making lower prices at the pump just before the election. Because he is not letting anyone throw properly so he is destroying everything we have we were Energy Independent and now he has to go with all the Strategic Reserves to give oil and gasoline essentially for cars so they dont have to go up to 7, 8, 9 a barrel. And you would be paying more than 10 a barrel. You better hope he does not get elected and everybody else in our country, so its a big story, just came out, israel is releasing 1 Million Barrels of oil and the Strategic Reserves, he has been doing this to keep the prices down but the prices are now higher than they have been a long time. They are very high. So hes trying to stop that because my Gasoline Prices are not good for elections if youre on his side of it but nothing he has done has been good for elections. Everything he has done has been very bad for our country. I dont know what you are seeing but the border Record Numbers of people from prisons, from jails, from mental institutions, terrorists, Record Numbers of people are pulling into our country. Numbers like we have never seen before are pouring in. We have an incompetent president and we have to win. As i have said, november 5th, the most important day in history of our country, thank you very much, everybody. John and as usual the president not taking any questions but what was unusual as he usually does not speak when it comes back from the lunch break and the 2 00 hour, but because there was a prolonged recess president had a few things to get off his mind. A lot of it about the campaign and how his policies would differ from those of president biden, sandra. Sandra lets bring in Mark Eiglarsh, here in the new york studio, mark, great to have you here and to react directly out of the former president s words here, there is no crime, he began, this case should have never been brought and should be dismissed he called the judge conflicted and complicated he lamented the gag order that never should have happened to the leading g. O. P. Candidate or any candidate, he said and went on to talk about the economy and the border. Your thoughts . I will stay away from the economy and the board of thats not my Subject Matter but he makes some serious points and valid points when he says a crime was not proven. So the state rested their case and i felt the defense did not need to put anyone else there was no reason for Abbott And Costello for the song and dance that was not necessary but after the state rested their case the question is as he eloquently stated where is the crime . And what specifically is the additional crime that he was concealing . And what are the jurors going to know about that . What is Campaign Interference if that is what they are alleging . Arent all politicians interfering with the campaign if they pay off somebody or give a speech . This all has to be laid out to the jurors. No trial by ambush at should not be that way. John but what about this idea and he articulated which is that the last thing the jury heard was Michael Cohen acknowledging or, i dont know is how it went on in court, but it was Susan Hollinger planting in the jury the idea that Michael Cohen pled guilty to Campaign Finance violations in connection with Stormy Daniels. I suppose as well the Karen Mcdougal nda. That plants in the jurys mind that even though brad smith from the ftc has said there was nothing wrong with that in terms of Campaign Finance violations that a crime was committed even though it actually wasnt. That frustrates me, its happened in a number of trials where they have will have snitches come out and admit i was convicted of the same thing is Mark Eiglarshs client, it makes me nuts. Is not just unique to this trial, it happens all the time. Its prosecutorial 101, they do it all the time. Its up to Defense Lawyers to call the prosecution out for doing that. You know, making them pay the same way they should make them pay for calling Stormy Daniels to talk about the president and his boxers on a Bed Posing Waiting to have a extramarital affair. Sandra do you think we will get a hint of whats happening in that courtroom when that resumes a minute from now as far as Jury Instructions how will that go . Theres a reason on no Television Drama have you ever seen Jury Instructions being shown. Its the most boring part of the trial. And usually i tell the clients okay, try to stay awake because it is so Everybody Knows exactly what the charges are going to be. And the language. That this is different. This is the most exciting part because for the first time we will learn specifically what is of the prosecution has to prove in order to find the former leader of the free world guilty of crimes . We dont know that yet. It shouldnt be that way im telling you. Its wrong. John that the overarching question we dont know what the crime is. A half insure kind of leaned toward it with the jury suggesting the payment to Stormy Daniels was a Campaign Finance violation and then the whole thing was concocted on top of it to cover it up, but signing an nda with somebody even if it is before the campaign is not criminal behavior. Its not criminal in any way, shape, or form. And many people think pled guilty to something he never shouldve pled guilty to. Right, im still troubled by what is the additional crime . In fact i will go one step further and ask the judge to order that the case simply go to the jury on a misdemeanor. Not that somehow that has been proven, but even if you believe cohen thats the best to get. Where is the additional crime . I would say that is not been proven until the jurors, no reasonable juror, can conclude that that occurred. Sandra markets great to have you here, thank you so much. My pleasure. Green information as the former president has returned to the courtroom. John . John thank you mark, appreciated, good to see was always we will take a quick break and be back on the other side with some of the political ramifications for all of this with byron york, stay with us. H. 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. We have a situation where we have no crime and this next couple of hours is very important because the judge can try to manufacture one where it goes from my misdemeanor which does not exist because of the statute of limitations, doesnt exist absolutely and they tried bringing it into a felony but they cant do it because john former President Trump returning to the courtroom has his historic criminal trial enters final stages of the prosecution and the defense will no begin Jury Instructions before deliberations which are expected to Begin Next Week lets bring into Political Correspondent from the Washington Examiner and Fox News Contributor byron york. We should say at the top here that you spoke to and wrote an article about brad smith, the fec official, about what he wouldve told the jury had he had the opportunity to do it. One of the things he said at least on x was that we were going to go over the reporting schedules showing that even if they thought it was a Campaign Expenditure to be reported, this is the Stormy Daniels nda, and Expenditure Made On October 27th when the money went to daniels attorney would not under law be reported until december 8th a full 30 days after the election. Smith basically told you i think, byron, there is no underlying crime here. He was addressing specifically the idea that somehow the trumpet and a cohen and everybody were covering this up so that the payment will not