A look at the days top news and headlines. Because under the guidelines, the Department Of Justice believes you cannot charge a sitting president with a crime. But the talk around here these days is of impeachment. If democrats were to flip 24 seats in november, which is a possibility, they would then control the house and it is the house that would begin impeachment proceedings. Even if the president were impeached, a conviction in the senate is unlikely, that would take a twothirds vote. Nobody could see that many republicans defecting to try to take down the president. Dana also its never happened in americas history. John, thank you. For more, lets bring in james trusty, former d. O. A. Prosecutor. Lets start with what the president told ainslie earhart, if he was paying the money himself that could not have been a campaign violation. What do you make of that . Well im not an expert on Campaign Finance law. There may be . Truth to it. Theres an added layer, just that any Campaign Finance violation requires willfulness,
which means he really has to specifically be knowledgeable about the law and intending to break it. I think that could still be a pretty solid area of defense for President Trump. Not that the payments werent taking place but that he wasnt trying to unilaterally affect the campaign and use Campaign Finances for it. Dana let me ask you about a Cooperation Agreement. Is it typical in a situation like this, that the public would get to read the Cooperation Agreement between Michael Cohen and the prosecutors . Most of the time the Cooperation Component of a plea letter is camouflaged, filed under seal or the agreement is under seal. You cant tell whether its a cooperator deal. I dont think any of us have seen the plea letter, id love to see it. You have the unusual circumstance of his lawyer trumpeting hes a cooperator. Thats not particularly common territory to have the attorney run around announcing hes ready to cooperate. Is it possible, this is a
democrats and hes represented them well. What do you make of this idea that Michael Cohen had decided to go with lanny davis who is a very public figure, likes to get out there, mix it up, he likes to be on television, take his case to the public through the television. Has that been beneficial to Michael Cohen . Well, we will have to wait and see. I mean, it way be that lanny is driving the train more than mr. Cohen is in terms of some of these decisions. Ultimately, it is the clients to make. You know, its a high profile situation, he has an attorney who relishes that. But you really to have know what his overall exposure was, what he was looking at in terms of potential penalties and going to face under the plea agreement, obviously going to be considerably less. Time will tell whether hes being well represented. Dana i think about a Press Secretary when they brief on a day after big news like this. You know, in the bush administration, i was super cautious when it came to talking about legal matters, trying to
push it outside of the white house to get it out of the briefing room. Thats not been the practice here. And that might have been a good decision on their behalf. Is there anything Sarah Sanders should avoid talking about today in order to continue to protect the president . Well, i dont know. I mean, theyve been so oi vert, at least the president himself has been so constantly full of comments when it comes to manafort and cohen. Sometimes inconsistent over time. I dont know they havent opened up every door already. I expect shell probably try to deflect some things. But right now, they have put themselves in a position where they very much are alied with manafort and saying hes a sympathetic character even after he was convicted. Where they have been all over the map on cohen, but seemingly fear him from the way theyve talked most recently. Dana i know the president this morning said if you need a good lawyer dont hire Michael Cohen. That relationship is probably done. A little late. Dana thank you. The White House Briefing business to get under way. We will take you there when it begins. All of the legal drama surrounding President Trump raising the political stakes for republicans ahead of the mid terms. How should they handle the news, karl rove is next with ideas. Alright, i brought in new max protein
resistance to the use of the expanded media. We will hear arguments on that motion first. Mr. Richards . May it please the court, mr. Prosecutor, i pulled the case law this morning from Iowa Court Of Appeals and its state versus jack hayes, filed october 3, 2012. Its number 2701 110069. Theres a little piece in that case that talks about expanded Media Coverage. This particular court there, granted the expanded coverage. Supreme court concluded its within the discretion of the judge to exclude the expanded Media Coverage based on
circumstancesles of the proceeding, such coverage would materially interfere with the rights of the parties for a fair trial. In based on constitutional rights. Essentially, the prejudice here is the decision before hand to lean in favor of one side or the other. Which prevents justice. In this particular case, the coverage thats out there is leaning all one way. In fact, the government has weighed in at the highest level of predisposition that this young man, christian, is guilty. In our system of justice, is entitled to that Presumption Of Innocence until some evidence is presented. At this time theres no evidence presented, your honor. So were urging the court to prevent the cameras from coming
in here, which possibly could show some sort of bias or prejudice and get it into this political controversy of Portraying Christian as something that he isnt. In some ways, i view this as a political payback for whats swirling around in terms of the media. And the media is feeding into it. They have not made efforts, as far as i can see, to give justice or any type of leaning towards this Presumption Of Innocence. Therefore were asking this court to exclude the media from these proceedings. Because it could be just one nod of the head, one glance, one slight of hand, that will be partially taken out of context and presented over and over which would be highly prejudicial to the defendant. I urge the court to exclude the media from these proceedings. Thank you. Mr. Brown, would you like to make an argument . Yes, judge. We have first of all, the state has no objection to the expanded Media Request thats been filed. I think they followed proper procedure here. Mr. Grove, i think, as the Regional Media koordnator, its routine in cases that garner high profile, that the media has interest. For the court to follow. And allowing Media Coverage of cases in court proceedings. We would have no objection to the expanded Media Request. Theres been one request for a video camera, one request for a still camera. Very usual under the circumstances, the cases like this. We have no objection to the expanded Media Request. I would assume i assume whoever addresses this, will readdress that issue. Secondly, theres been a motion filed, i just got this, whenever i walked in this afternoon, but a motion for private hearing pursuant to iowa rule of Criminal Procedure 2. 24. I think thats what mr. Richards was referencing whenever he was arguing theres a substantial probability that the defendants rights to a fair trial will be prejudiced by the publicity of this particular proceeding, that closure would prevent. He has not identified anything that would happen today in this particular hearing that would create any type of substantial probability that his fair trial would be impacted. He wants to talk about what are the political discourse thats
been surrounding this charge of this case, certainly we have no control over that. But it is what it is. I mean theres a lot of information thats out there about b. This case, about this particular charge. I think all the court is going to do is follow rule 2. 2, and the initial appearance advising him of his rights, making sure he has counsel that hes retained or appointed and addressing an issue of the preliminary hearing and whether or not he demands that. I fail to see how any substantial probability of the impact on the defendants fair trial would be raised in this particular proceeding. So we would ask that the motion for private hearing be denied and expand the media Media Request be granted. Thank you. If i may respond, your honor briefly. Procedures werent followed. I entered my appearance this morning, attempted to shortly after 8 00a. M. The efile system was down or crashed. I did not see the motion for expanded Media Coverage until 12 00 today. If that motion was filed yesterday, christian was still selfrepresented. He was never served a copy of that notice. I was never received a physical copy. Although i do acknowledge i did see it at 12 00 today, my first opportunity, the efile system was back up. Rules havent been complied with and i object on the rule being the Prosecutor Says the rules were followed, they were not followed. Mr. Richards, im aware of the fact we had technical difficulties this morning with the efoiling system that the Iowa Judicial System uses. Because i was aware of that i made contact with you and mr. Brown, notified each of you
of the expanded Media Coverage first thing this morning, explained the difficulties we were having in making the paper Copies Available to you. And said that as soon as you arrived at the courthouse we would make everything available to you if edms was not available at that time. I believe we followed the procedures that are available to us and we have gone out of our way to make sure that while we were having technical difficulties throughout the state that we were making you aware of things that were being filed. In fact we allowed you to file an early appearance by fax which would not abnormal procedure, because edms was down also. You did take advantage of the fact that the court was working with you and trying to accommodate for the technical difficulties we were having. At this time ill rule on the motion for a private hearing and also the request for expanded Media Coverage. With a reminder to everyone that
the defendant will not be asked to make any statements related to facts in this case, i make the following finding. The defendants right to a fair trial is not prejudiced by the publicity as related to the initial appearance. Reasonable alternatives have been established, including limiting Media Coverage to one video camera and con still camera. Todays initial appearance will be held in open court and the media will be allowed to stay in the courtroom. Mr. Richards, you also filed a motion for a gag order, and in discussions that were held off the record prior to todays hearing you indicated that you intended for that gag order to be heard by a District Court judge. Is that still your intent . I believe that is the proper procedure, your honor. I will file a Calendar Entry asking the District Court to said set that for hearing. We are going to move on to the initial appearance. Mr. Rivera this is our appearance on the charge of murder in the fix debt agree and on an Immigration Detainer notice of action filed by the department of Homeland Security. The purpose of an initial appearance is to make sure you understand the charges against you, to review any requests for an appointment of an attorney, to set further proceedings or court dates in this matter, and to discuss your terms of release from jail. Mr. Rivera do you have any questions about the things we will be covering today . Translator no. Mr. Rivera you have been charged with murder in the first degree in violation of iowa code section 707. 2 sub 1 sub a, class a felony. Mr. Rivera have you been given a copy of this paperwork . Stlait yes. Translator yes. The department of Homeland Security filed an Immigration Detainer notice of action for you. Mr. Rivera have you received a copy of this paperwork . Translator i believe so. Mr. Rivera im going to review rights that every defendant has in the criminal action. These include the following. You have the right to an attorney. Every defendant has the right to retain Legal Counsel and shall be allowed reasonable time and opportunity to consult an attorney. In it vent you are indy general and desire counsel, and if the offense is a serious misdemeanor or greater an attorney can be appointed to represent you. Mr. Rivera, at this time you are represented by a privately retained attorney, allen richards. Do you wish to continue with this private representation or do you wish to file an application for a Court Appointed attorney . Translator no, with richards. Mr. Rivera, if at any time today during todays proceedings you wish to talk to your attorney, please let me know and ill stop todays hearing. Translator okay. Next, you have the right to be released from custody. Every defendant in custody has the right subject to conditions to be released from custody pending judgment. A defendant may be released from custody on his or her own personal recognizance or conditions as the Court Determines as will reasonably assure the defendants i peerns as required and will reasonably assure the public safety. If the Court Imposes conditions for defendants release and defendant is unable to meet these conditions, the defendant has the right to request a bond review hearing. If the defendant is indi jnt and
unable indy general and unable to retain counsel the court will appoint an attorney to represent you for the purposes of this bond review hearing. Next, you have the right against selfincrimination. A defendant is not required to make any statement concerning the offense charged to the court to any Law Enforcement officer or to any other person. But if the defendant makes any such statements, those statements can be used against the defendant. And finally, the defendants have a right to trial. Every defendant has the right to a trial and to be tried by a jury, if requested. At such Trial Defendant has the right to assistance of counsel, the right to confront and crossexamine with its against him, the right not to be compelled to incriminate himself, and the right to subpoena the attendance of any with it on your behalf. Mr. Rivera do you have any questions about the rights ive just gone through . Translator no. Next, were going to discuss the next steps in your case. The next steps dana we will continue to cover that trial but now Sarah Sanders is at the podium. Secretary sanders on behalf of the entire administration i want to extend prirs to the familiar prayers to the family, friends, loved ones of mollie tibbetts. The nation has watched for over 30 days as local, state, federal officials searched for mollie. A rising sophomore at the university of iowa. Sadly, the individual believed to be responsible for the murder is an illegal immigrant making this an unfortunate reminder of why we need to strengthen our immigration laws. The bible tells us in psalms that the lord heals the Broken Hearted and bienldz up their wounds. The tib jets family is on n. The hearts of all americans and we are grieving with them. With that ill take your questions. Thank you, sara. Michael cohen pleelded guilty, under oath, to among things
paying Stormy Daniels and Sherry Mcdougal during the campaign. He said he did it at the direction of the president of the United States. Did President Trump commit a crime . As the president said, weve stated many times, he did Nothing Wrong. There are no charges against him. And weve commented on this extensively. Why not report these payments . Secretary sanders again, im not going to get into the back and forwards details. I can tell you, at the president stated he did Nothing Wrong. There are no charges against him in this. Just because Michael Cohen made a plea deal doesnt mean that implication the president on anything. John . Are you saying the president has never lied to the american peep . So many people look back at the tape of him on Air Force One saying he knew nothing about these payments. When in fact we now know he knew everything about this these payments. Has he lied . Secretary sanders thats a ridiculous accusation. The president has done Nothing Wrong in this matter and there are no charges against them.