you can't run for national office and you were like, i can't be on the local kotb board bank could be president united states back at the orchard flannery worries, neither side will cool the rising tensions. >> i can fit it myself. remember dependent is your vote up for grabs in november if at this point in time i would say no but november is a long ways away and you can see that hesitancy there with de plenary not wanting to say who he's voting for air, and that is because of the divisiveness here. >> he says he's a small business sooner he wants to sell apples to republicans and democrats alike. the bottom line, there is no path three election for biden or two election for donald trump that wisconsin both campaigns know that era named jeff sallet. thank you very much. and we'll see you in wisconsin tomorrow. >> please join us tomorrow

night will be live from wisconsin with our exclusive interview with president biden, ac30 60 starts now good evening. welcome to our special continuing primetime coverage of the trump hush money trials de 13 or saw stormy daniels take the stand and saw the ben's move for mistrial over some of what she said and then launch into their cross-examination, which is expected to continue on thursday when the trial resumes. but before getting into the nuts and bolts of what transpired today, it's hard not to stop to consider that this is happening at all. a former president of united states running for president again, confronted in court by the porn star whose side lmc is accused of buying and covering up so that he could become president the first time around. tonight will bring you her testimony in great detail to the relationships she says they had the effect prosecutors hope it will have on the case and defense attempts to undermine it, which began early on with the following exchange she had with trump attorney susan nechele is who asked her quote am i correct that you hate president trump, to which daniels replied, yes as for the

former president and he did not have a single word to say about stormy daniels at the end of the day, but had plenty to say about the case itself. >> this was a very big day a very revealing a as you see, there cases totally falling apart. >> they have nothing on books and records and even something that should bear very little relationship the case just disaster for the idea to the source, back to disaster well, it just for reference, george soros is the billionaire who backs liberal causes. and as are frequent targeted republicans and the fort right, according to sienna, in fact, checker daniel dale, he is not donated to da alvin brags campaign, but did give money to a political committee which did support brag. want to bring in the panel tonight, new york defense attorney arthur aye dollar bestselling author and former federal prosecutor, jeffrey toobin, philistine primetime anchors that'd be philip kaitlan collins and laura coates, kaelyn was in the courts today. and so we've seen is keras canal, who joined us

as well. so let's start off with both of you care. what was luck? >> i thought there were so many different moments because so many different things happen today. there was stormy daniels when being questioned by the prosecutors and she was almost gfs gossiping with her friends, telling her story, looking at the jury a lot, engaging. i saw a number of jurors taking notes, flipping through their pad of paper, writing down a lot of what was said. even though a lot of what she testified has nothing to do with the falsified documents in this case and then there was trump reacting to that. he was nudging his attorney repeatedly, trying to get them to eject. they did. and the judge agreed with a lot of those objections because they had to do with stormy daniels kind of going a little beyond the bounds of what the judge had said would be acceptable testimony and then the cross-examination. susan nechele, came in. there are peppering her start. daniel's demeanor change was sitting with their arms crossed she just was a lot more defensive in that mode. and we heard stormy daniels tell the story of how she met donald trump, how she ended up in his hotel

room suite, how she came out of the bathroom saw him lying on the bed bringing the jury into the room. that detail, and then also saying both one question by the prosecutors and the defense that she did want to make money from this. that's why with milling or story. >> and at least initially looking to sell her story and then she said she wanted to get it done before the election because essentially she thought that's been shared the most leveraged that don't until trump wasn't going to pay her after the election. >> i mean, jeff toobin, i talking about this just a minute ago. another key thing that happened today that is kind of lost in this is that the prosecution had showed number of excerpts from trump's books from 20 years ago. this was before serwer daniels came out, before stormy daniels gaetz on stan and they're reading excerpts that are going exist faculty at some of these issues in the case where trump is saying, you have to challenge every invoice, i sign every one of my checks and that is actually what this case is about which direction i mean, i think the one word that everyone who was in the room can agree as it was incredibly intense. >> i mean, regardless of if you are the defense or the

prosecution, just the feeling in that room, it was like the book excerpts were interesting and they are probably really relevant to this case, but everyone knew that stormy daniels was coming because it was one of the first things that the prosecution and the defense addressed with the judge when they gotten the room today, which are the parameters of what she could testify i mean, even before the cross-examination started, it was so intense in that room. listen sitting to her answer those questions, watching trump's reaction as he was paying more close attention than he ever has with really anything before. at one point grimacing, he had this scowl on his face as she was telling certain stories about what he said when she asked about his wife melania, only time melania trump was brought up today. >> this is when she said she was in the hotels this is before they had said she looked she looked at the picture and she said you have a beautiful wife. and he told her not to worry because they didn't sleep in the same room anymore. that was what she testified. but she also testified about a moment where in that same night in 2006 and lake tahoe, where she said she was tired of him talking about himself at

dinner. they kept interrupting already was showing we are a magazine that had him on the cover of it and she said that the only thing she was interested in was squatting him with it. he kinda like dared or to do it and she actually did it. she said& acted it out in court at that moment, we saw trump mouth a word. it you couldn't exactly tell what it was. but when now when you look at the transcript, there was a really tense moment, right? after that when they took a break and now when you get the transcript, the judge asked the two sides, two approach the bench and he said to trump's team, i understand that your client is upset at this point, but he has cursing audibly and he is shaking his head visually. and that's contentious. it has potential to intimidate the witness and the jury can see that and blend study would talk to him and the judge said i'm speaking to you here at the bench because i don't want to embarrass him. blend city would talk to him and the judge said, you need to speak to him. i won't tolerate that one time i noticed when ms daniels was testifying about rolling up the magazine and presumably smacking your client. and after that point, he shook his head and looked down. and later, i think he was looking at you, mr. blanch, when we were talking about the

apprentice. and at that point, he again and editable guarantee and looked at you, please talk to him at the break. >> was juries not in the room, witnesses of the road, but the judge is saying, you need to control your client while she's telling these very salacious details. in jeh few recently interviewed stormy daniels. we're you surprised at the level of detail she wanted? >> yes, i have a phd in stormy daniels study the i was not surprised that she answered the questions, but i was surprised that the prosecution asked them. i didn't think that was necessary, and i think there is some chance that some of what she said my generate a little sympathy for trump because for all today was fascinating and i'm sure everybody's fascinated as was. i most of it's just not relevant to the case. i mean, this is a case about the money that was paid to her and it almost doesn't matter whether they actually had sex the the argument is that trump was so worried about the report of the sex that the

under for truth of it doesn't doesn't really matter i understand why the defense move for a mistrial. i think the judge was right not to granit, but i think some of this stuff was so explicit and so salacious that it was just unnecessary. and i thought the prosecution could have told this story in a somewhat more truncated way. so as always the risk with calling stormy daniels to the stand. >> i mean, she is a colorful person by her very nature. if you look at clips of her on late night and in other interviews settings, and she really took that to another level on the witness. a stand every normal regular person witness is going to be a little tricky on the witness stand. it seems to me, but stormy daniels is on a whole other level it was i mean, maybe it's nothing ventured, nothing gained. i don't know if maybe there was some kind of hail mary at play here, but it seems like a huge risk to put someone on the stand and who is not

necessarily the most sympathetic witness. she has a very specific part of the story to tell, but she was asked to tell way more of it than i think even people who don't like donald trump would care to here and how that will play with the jury is anyone's guess, but it just i'm with jeffrey. it just seemed to me we learned way too much about the silk pajamas and whatnot. and donald trump today. and none of that has to do with what he's ultimately just to add one point. >> well, there isn't point though. you have to be it's a difficult needle to thread. you want to show credibility& a memory. you want to make sure that the audience and the audience as a jury is aware that this person remembers details they're not giving the broadest of strokes who enjoy that they say with precision what happens now of course, the risk that is, she has testified not in federal court, but in other instances. so everything she saying will be at matched up because every all she said, but a jury wants to know that you remember this precisely, but the other fascinating thing

is of course, the star, this case is the least sexy thing of all. it's documents. there are 34 of them her place in this case to me was out of order. not that you shouldn't have testified. she should have. but you should have come before the actual document. witnesses came to testify because cranach are logically what you want to build is a story you want to talk about david pecker and the caching kills, then you want to move into the idea of, well, here is karen mcdougal or storming it, sorry, daniel's on these issues and what actually happened that they're alleging, then you bring in the keith david's and then talk about the ndas that are happening. then you talked about all right, now here is when it gets to the meat of the matter. now, nobody asked my opinion. i would think they should have but they didn't ask my opinion how you actually do it. >> but the chronology is important here and really, i think it doesn't matter at all whether they believe that they actually had sex. >> what matters is that donald trump believed that she was going to go public with the allegation and that michael cohen believes so that there was a structure surrounding her to ensure that they could stop that from happening? that's

going to be the crux of the issue. everything else certainly as colorful, but i don't really think the jury is that prudish. i mean, i think anyone clutching their pearls about porn and donald trump and silk pajamas. these are adults and grown-ups who know that sex happens. and i think that having the conversation not going to have them recoil as much which is usually the way it wasn't so salacious. and the missionary position in the word condom that was basically i mean, the fg painted a picture which may be none of us want to know of, but they're much more, much more correlations testimony, or the let me ask you because during cross-examination, the defense as daniels about a story where she's she signed in and she signed a public statement saying she that there was no sexual encounter with donald trump. she did this with as part of this deal she also talked to me about that. >> i asked her about it during the 60 minutes interview on the stand today, she testified she was motivated, signed a non-disclosure you're agreeing

by what she said was fear not money. this is what she told me back in 2018 i think some people watching this are going to doubt that you entered into this negotiation because you fear for your safety, they're going to think that you saw an opportunity. >> i think the fact that i didn't even negotiate, i just quickly said yes to this very strict contract and what most people will agree with me extremely low number is all the proof i need. >> you feel like if you had wanted to go public, you could have gotten paid a lot of money to go public and it out it out. i know for a fact, i believe without a shadow of a doubt. >> so you sayyed and released a statement that said, i'm not denying this a fair because i was paid and hush money. i'm denying it because it never happened that's a lot. yes. >> if it was untruthful why did you sign it because they made it sound like i had no choice. you have no one was putting a gun to your head not physical violence.

>> now you thought that there would be some sort of legal repercussion if you didn't sign back as a matter of fact, the exact sentence used was they can make your life hell in many different ways. so i mean it consistent than uh, now, do you believe ultimately it comes down to who the jury believes? >> well, if i'm the defense attorney here, suzanne niclas, fantastic. and the courtroom, in my opinion, you may be in this trial for real like in other words, that's admissible. that statement is miscible. they have the ability to show that and show to the jury. okay. so when you lie, you know, you're lying, then you're lying now. look, i agree with everyone has said here so far. i they had to call her even though the law is material witness. so if she didn't show up she's not a material witness. the judge could not sign a warrant for her arrest. she does not give any evidence that the prosecutor has to prove beyond a reasonable doubt. she just

gives a motive, basically for donald trump to want to do this, but they don't have to prove motive. but they had to put them four forward. what i was surprised about was as much as they must have prepared are anderson, they must have prepared her for hours and hours and hours is how everyone describes her as being a nervous wreck when she first took the stand, how playing with our hair and talking so fast and the judge slowing or down, i was surprised about that i was surprised about the lack of objections from the defense. i was kind of shocked that they didn't want seems like prison. former president trump was also as well because aging is that, which is normal. and then when you talk about him being chastised by the judge, any defense attorney who represents someone of the caliber of president trump, meaning someone who really is with it and knows what's going on, i've had those moments where my client is cursing under his breath and the judge calls me and judge merchan what he supposed to do he's supposed to say, listen, i know you guys frustrated. i know he wants to stand up and say, liar. that's not true. that didn't happened

but he can't do it if he wants to testify later, but you got to get them under control. and judge merchan did the right thing by spreads doing a man on the other side of that. >> it wasn't just trump who was being scolded. i mean, stormy daniels in addition to being urged at least four times to slow down because the court reporters couldn't follow her and even in the room, like you would hear her or give an answer sir, and you could it didn't always land when she was trying to be funny. >> she's talking to because you said she was talking so quickly like when she said that her response to having dinner with trump was f off, it was kinda hard to hear her initially say the first part of that she kinda jumbled it. >> and then at two points after the judge spoke to the prosecution, he reminded steroid daniels to answer the question she was being asked because they would ask these wide ranging open questions and she would kinda meander and tell a story, but just kinda give the full picture instead of just answering, you exactly what happened to look, i'm a very fast talker as you guys know, i can't tell you how often in court i've had a court reporter say, slow down to make sure but because they're the

ones trying to transcribe the actual intonations and sounds. it's not like a verbatim transcript. but there are oftentimes when sometimes your witness can be all the more sympathetic because they keep being interrupted and slow down in either all the more self-conscious& can actually enter to your benefit as a strategy in that because that person continuously is being told to stop and slow down but remember also the judge, the judge criticize the defense& said, i was surprised you had not been objecting more and he had unilaterally objected on their behalf because they need to preserve the record if they don't object, they don't have a chance later on and neck was i think at one point said well, i thought because you hadn't been saying anything is was okay. i mean, i don't know what kind of lawyering that is. this is i was going to wait for the judge to object before i object, they gotta be on their feet and actually, i'm surprised, gentlemen that they did not have more speaking objections, at least to try to play to the jury. objection. we're going to hear this testimony and get chastised, are relevant. relevance, your honor. objection. relevance objection. relevance, your honor well, they just have the conversation at the bench about

the parameters of her testimony. >> and so what susan nicholas said was, i thought you said this was okay. and then when i saw you object, i knew that this was grounds and i could object, so she's that's why she started objecting. >> we're going to take a quick break coming up next scene if john berman joins us, he's been going through the newly released, but still partial trial transcript for details from this very big de also what courtroom artists jane rosenberg saw in court today as she was making the maison sketches that you see you're calling some people find there's at an early age. >> others later in life no matter when you find it so do yourself lucky because it becomes your everything are calling was to build trucks and that's why trucks are what we do we put are everything and every truck so that when you find your calling nothing can stop you from answering it

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i give amazing sponge-baths. can i get a room? [ chuckling ] ♪ ♪ chef's kiss. did 369369 i'm caitlin paul lands at the federal court in washington and this is cnn there is a central irony stormy daniels testimony today had the former president not denied their sexual encounter, much of her more revealing testimony, whether it was ill-considered by the prosecution, are not simply would not have been called for at all because much of what she testified to in court today, she already said when i spoke to her in 2018 teen for 60 minutes i excused myself and i went to the restroom i wasn't there for a little bit and came out and he was sitting on the edge of the bad when i walked out perched and when you saw that, what went through your mind i

realized exactly who i got myself into i was like, here we go and i just felt like maybe it was sort of i had it coming for making a bad decision for going to someone's room alone and i just heard the voice of my well, you put yourself in a bad situation and bad things happen. >> so you deserve this and you had sex with him? >> yes you were 27? >> he was 60. where you physically attracted to him? no. >> not at all? no. >> did you want to have sex with him? >> no. >> but i didn't i didn't say no. i'm not a victim. i'm not it was entirely consensual. >> oh, yes. >> yes. >> again in the? form. of frozen denies this and against former daniel stay repeated much of it on the stand, sometimes in more vivid detail that the defense calls actually for a mistrial sina john berman has been looking through today's parcel trial transcript reported reported from court today, he joins us now, so what more did she say?

what's one thing i want to note that's very important for the first time today we do not yet have the full transcript of the testimony part of the reason might be because stormy daniels was speaking so quickly that it's taking them some time to process it because the court reporters simply have to catch up to everything that was said. so what i'm going to read to you now is what are reporters inside the room? there? contemporaneous account of the moment where she discusses the alleged sexual encounter anderson and it's very similar to what she told you. and the reason we're doing can testify to this because she was in the room is to give people a sense of just how uncomfortable it probably has sworn in exactly you testified to it. i'm not okay. so store all right. daniel says she walked out of the bathroom as you told you, i felt the blood leaves my hands and my feet almost like if you stand up too fast, i thought, oh my god, what did i misread to get here at first, i was just started like a jump scare. i wasn't expecting someone to be there, especially minus a lot of clothing sitting on the

bet and boxers& t-shirt the intention was pretty clear. somebody stripped down to their underwear and is posing for you. he stood up between me and the door, not in a threatening manner. he didn't come at me. he didn't rush at me, nothing like that. next thing i know, i was on the bid. i had my clothes and shoes off or removed my brar were in the missionary position. i was staring up at the ceiling and i didn't know how got there. i was trying to think about anything other than what was happening there again, that's our account from the reporters who were in the room. we don't have and the first thing we're going to look at when we get the transcript, which could be in the next few minutes, is how many objections took place during that part there, how many times the defense try to stop that account? >> there were a lot from just memory of being in there, especially at that part right there at the end where she was getting into the real details because that's exactly what they've talked about with the judge beforehand and the judge said there's no need to get into that kind of detail. this isn't a sexual assault case, it isn't anything like that. and so they kinda had set that parameter and then she was

stormy daniels, not really the prosecution leading her to that answer. she took it in that direction and so they did object at that point. and this is really where to describe the atmosphere in the courtroom. it was like all the oxygen had been sucked out of it. everyone was just sitting there. it was kind of similar to what you said last friday where we hope picks was testifying. it was just all you could hear with the keyboard looks as everyone was typing up this moment. and also watching trump with bated breath to see how he was reacting, whether his team was going to object, and really how the judge would respond. i think the judge had the last time i was in the court, i barely noticed the judge. the judge had a real presence today because he had such an involvement in what testimony was allowed and what should be said in the corner. >> she is told this story many, many times, including an a book. i mean, she's, she's and what's striking to me is that it's very consistent time time after i don't i would think anderson cooper is going to be a star in that courtroom was different because she

doesn't make it sound when she spoke to but anderson, that the blood drained out of her and she blacked out and she didn't know what was going on. it was much more dramatic here with adam sinned. she was once you won't matter of fact, i came out what i get myself, i sufficiently different to merit cross-examination. it's but there's gonna be something in the book. there'll be at least five, susan as old data, mars is in that he just had she mentioned the blackout thing before, jeff. >> i don't think enough that i'm not that i'm aware of. >> but i mean, that's just that's not a big deal. i think so. i think saying i almost blacked out she didn't say it years ago when anderson interviewed, but now years later she remembers, oh, yeah, i almost blacked out to clarify for this real issue. i mean, i know there's a real issue for the defense. is any intimation that this was non consensual. that's why they were have been on their feet and should have been on their feet objecting because everything about this is probative versus prejudicial. >> they don't want to have prior bad acts even brought in if he were to take the stand

because you don't want the the jury to be looking at things that are down there are a liar though is show her that she is a liar. i hear you on that, but they're stronger argument perhaps on appeal is going to be excuse me. >> you're going to have somebody on a falsified documents case suggests that there is something that is non consensual, almost the point where the person is not saying they had been assaulted, they are saying clearly they have not, but the insinuation is out there. they have said repeatedly tied bland was saying, you can bring this bell, you can't unring this bell how am i going to go in front of this jury and have them? forget these moments, whether it is a matter of the black nuctech thinks you using kinda colloquially in terms of i was trying to focus on something else or it was the idea of something far more nefarious that information as a defense counsel is the last thing you want. >> they could use anderson stapes and so you told him sing cooper. it was absolutely consensual. there was said it was right, but they engage

system. >> okay. benas, even subpoenaed for this trial. i'm sure they have that tape in their arsenal as well as the book, as well as all or other seems like a huge rabbit hole. >> yeah. >> i agree that it was my impression just receiving this information from outside of the courtroom. i don't know what it was like for the jury, but it seemed like a big rabbit hole especially coming off of a day when they they were supposed to have been getting at the heart of what this case is really about. i'm with laura, like i don't understand why stormy daniels came after the documents. i mean, maybe the idea was to kind of keep people interested in what was going on in the case. but but the distraction factor here, i don't see how that helps the prosecution necessarily when they need the jury to be focused on and their ability to prove the elements. >> so certainly overshadowed the earlier testimony in the morning, which was actually quite interesting from the serbs sure. that's that's

where they're really good research words back to him saying, i dot every i i know wherever breaking news this just didn't we just got the full transcript. okay. i can give you some of the objections here. we don't have the graphics to go with it. but this is the section i just read with the objections in question was can you briefly describe where you had sex with him? so there was a direct question. she says the next thing i know it was on the beds somehow on the opposite side of the head from where do we have in standing. i had my clothes and shoes off. i believe my brar, hover was still on. we were in the missionary position. ms niclas objection. objection there the judge says, sustained. question without describing the position, do you remember how you got your clothes off? answer. no question. is that a memory that has not come back to you? a question mark this is from the defense objection. >> the judge sustained question from the prosecutor. you don't at this point remember, is that correct? answer? correct? question. did you end up having

sex with them on the baer the answer, yes. and then they begin he begins a question and do you know do you have a recollection of feeling something unusual that you have a memory of? objection sustained and the question is, what, if anything, do you remember about anything other fact you had sex on them badge. >> that's what she says. she was staring get the ceiling. i was trying to think about anything. then there's another objection. sustained. i move to strike the answer is stricken. >> i think because susan nechele is a very good lawyer, didn't go she is going to spend more time and she has already started spending more time on the issue of money than sex on this idea that this was an extortion attempt rather than an attempt to just however she she described it as well. that's right. i mean, she's that i think is a much more profitable route for the defense, than nitpicking about how she described the second name started that was keith davidson when he was that's fine. the attorney who broke

her this agreement, they were saying that he helps extort other celebrities. that's the allegation he pushed back on that obviously and they brought that full circle with her today, basically trying to make that argument. it's very clear where they're going to go on thursday and that's a much better argument then you didn't describe the sexy exactly. >> not listen, you're gonna just trying to make her a lawyer i'm laura for life. and doing. in what do you have i didn't know who i would be, but here i am being me keep being you and ask your health care provider about the number one prescribed hiv treatment. >> but tara we because rv is a

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preferred better science, better results. >> close captioning brought to you by guilt, visit guilt.com today for up to 70% off designer brands has the designers that get your heart racing had inside the prices knew every day, kerrey, they'll be gone in a flash designer sales at up to 70% are self guilt.com today shortly after today's hush morning testimony ended, there was a major legal decision in the former president is classified documents. trial judge aileen cannon indefinitely postponed it the trial was scheduled to

start may 20, and now it may not happen until after the election. judge cannon did it. she says to resolve a series of pretrial motions that defense is made leaving the trial now without an actual trial date. her order also includes a new hearing on what had been thought a longshot bid by the foreign presence defense. they want records from multiple agencies as well as the white house. to argue that those agencies are part of a politically motivated prosecution special counsel's office is called the discovery request. frivolous from a federal judge sure. shine lins joins us now do what did you think of her ruling i think she doesn't want to try this case, and i think she doesn't want to try this case before the election. that's a fact she's got eight pending motions. why doesn't she have four? why hasn't decided at least it's half of these motions they could have decided them by now. at least some of them, at least half of them, may be more, but she's slow walking the case and it seems so apparent to me that she's doing that. look, some of these motions are hard, but what you do with classified documents and how you handle

them, that's hard. some are easy and tried to find out what the justice department doing behind close doors. nobody is going to grant that. that's a silly motion saying that jack's mission be appointed. that's a silly motions, frivolous. so some of these she could have disposed of and then she could say i have four left and i can send a trial date for july, but as it turns out, i have eight pending motions. i can possibly try this, maybe july, maybe august, but we all know that means september and it's going it'd be too late if there are what she called novel and difficult legal questions involved in are there well, giving her all the shadow of the doubt, certainly there's something novel about how you handle certain things about classified documents when you're a former president although i think it's pretty clear how you're supposed to handle them. but also jackson death is an unusual case because he's never been confirmed by congress for any post. and all the other special counsels have. so there's a slight distinction there with respect to jack smith versus the others. but it's not such a hard motion anyway, it's

different, but you distinguish it, you move on. so i don't find that any number that difficult, are they novel? yes. novel does not necessarily equal difficult. >> geoff and somebody good for trump. >> oh, my god. i mean, if you look at how she has done this case the only question i have is whether this is in competence or partisanship, or both because it just for example, and judge can perhaps i don't want to get too deep into the weeds here, but one of the motions she initiated was trying to settle the issue of jury instructions this is something you do right before the trial begins why she was messing around with jury instructions when she has this long list of other motions to resolve just suggest to me she has no idea what she's doing or she's just making stuff there's another theory. >> it could be ranked in security hey, she's new on the bench. she has not tried a lot of high profile are difficult criminal cases. and maybe she just doesn't get it. what

makes sense to do of course, jury instructions should not be handled now, so they should be handled before the trial starts. everybody knows three of those options are really awful. like, for if it's insecurity, if i mean, that's true that's true. can i ask you a question? sure yes. obviously i appear in your court and the case of this magnitude, when you have someone with a lack of experience like this, judge has she go to the lunch room or whether it was a young male judge are young female judge and say can you've been doing this for 25 years. can you give me some guidance? what do you think? what are your thoughts? >> you know, when someone's insecure their least likely to seek advice. i when i had been doing it for 20 years and i had hard case, i would ask everybody, what do you think? how would you do it? i want the advice of my colleagues that i respect him that were senior or at my level. but when you're brand new, maybe you're two and secure to get the help you need. so i don't know the answer to that. how many clerks do you get, like lawyers working for you for the judge?

i suspect she has three. you get two, but many judges give up a secretarial position or a clerk position to get three. so she probably has three. she has a lot of power to beside these motions. >> and one weird thing about this case is that even though she's in the southern district of florida, which includes the miami courtroom, which is enormous lot of judges. she's in fort pierce essentially by herself, which i think contributes to the isolation and perhaps the insecurity. and they just the absence of lunch partners to ask questions to, which is yet another reason that's a good, this is where you could actually call something. >> i was just going to say i was going to say telephones or what do you like an adventure? >> telephones are two centuries zoom is one centrioles, so yes, she could certainly it may contact sorry. >> i mean, i just wonder about jackpot, so there's a lot of discussion at the beginning of this. jack smith and his prosecutor, they checked off a

box that made it a lot more likely that she would end up getting this case. they wanted to do this down in florida i don't want to put words in their mouth about why, but was that a miscalculation at the end of the day, they end up with one of the most green judges out there trying one of the most difficult, you could argue cases involving a former president, but it isn't a single judge district, right? >> there was still a chance very few, but not a single judge district would head which has been criticized certainly in the abortion case recently, just in terms of today's trial judge, we're merchan clearly bothered by the level of detail and where were some of stormer daniel's testimony when i'm wondering if you were the judge and how would you have handled it? >> i think much the same way he did. not only did he sustain objection after objection, he made objections and when a it. does that you know, there's a real problem going on. the material that came in was not relevant to this criminal case

at all. and i think it shows that she was trying to get trump actually thought there was a motive there. she said she hates him she said she'd like to see him in prison. i think she was purposely throwing out this stuff to make sure the jury, jurors were prejudice, particularly the women jurors, but probably half of the men to really put off. but they may have been put off with her because she was too obvious in her efforts to get at him so what is judge of seeds me, but this judge talks about the idea of the cure here is not the mistrial requests. it would be cross-examination. did you buy that as a way to cure this and couldn't instruction doing anything to undermine if she in fact, was trying to be a type of witness cross-examination is tricky and i'm sure arthur could talk to that. you don't want to bring it up again. you don't want to reopen it and have her repeated all and that's a big risk. and if you ask about some of these things, he's going to go through it all over again. so that leaves us with a limiting instruction. and you can tell the jurors all you want. i don't want you to pay attention to this stuff that would not relevant at all to

this case. and the jurors are gonna go, then they're gonna go in the jury room to take do you believe happened in that room? she didn't even consent to this thing. they're gonna do what they're gonna do, limiting instructions i think are the one instruction that's rarely really followed by a jury. do you think that trump's attorneys had a point about calling for a miss trial today? >> well, it's not a baseless motion, but he's anxious to granit mistrial as he is to jail him for contempt. he doesn't want to do either. obviously, it's the worst outcome for the judge. and the standard is can the defendant's still get a fair trial? that's the new york standard for granting a miss trial. and he's convinced since tim that with a limiting instruction and with admonishment, this will pass because people's memories short& by the time you've finished six weeks and by thani of sum up all the evidence, it might fade. and so he really made believed that he can still get a fair to the other point is both both the prosecution and the defense ultimately are going to let's a lot of this

is just irrelevant. because it is so to grant a miss trial over something that is fundamentally not relevant to the core issues in the case, but it seems like a bad about the word prejudicial though it was quite prejudicial to paint him in that way or make you think there should be oh, no, granting a mistrial. yeah. no, i'm not going that far. i'm saying there are certainly it was prejudicial. it was irrelevant, but prejudicial. it slammed him. it made him a creep appellate problems for sorry. >> yes. >> yes, i do i do i think they've got to make a good record to preserve the issue at angular going to raise it again at the end of the trial, and then they're going to raise it so when you say miss trial, that's for the record. absolutely. that it gives the erases red flag or a white flag to the appellate court saying, look, i thought this was so bad at trial. i asked for a mistrial. >> i tried it when i'm on trial, i try get at least one mr. oil a day. >> i'm serious, like five one avenue a day because most of the time we looked you're on

appeal here for my law firm but so you are always and the judgment tell you you always get you always guard that record is powerfully as you can in the past, most powerful thing you do is move for a miss trial, but it's one of the most illusory motions it's almost never granit, correct? no, judge, wants to start all over again, and certainly not in this case, the end of the cation chief though, they're going to call a motion to say it say to the judge, look, there's not even need to go to the jury. there's not even any fifth defense. raise a case based on what you've seen so far in the presentation of evidence would you even entertain that motion from the defense to suggest they have not even come close to meeting their burden? >> no, i wouldn't. i don't think i'd entertain the motion seriously, but we're talking a little too early. i want to hear the rest of this witness's testimony. i want to hear michael cohen. i want to hear the case before i make a decision that's what judges do. >> shine line. it's always great to have you. thank you so much. we're going to be joined by a courtroom sketch artists so renowned, she even got an acknowledgment from trump today in core every piece of evidence

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play blank relief. work, play. blinken. >> really. the only three and one extended release formula for dry eyes, link i'm dr. sanjay gupta. and this is cnn as. >> don. trump walked into the courtroom this morning for the biggest day yet of his trial. he spotted our next guest, who's a fixture in that courthouse and said hello to her. she's one of the brilliant sketch artist who's witnessed a lot in her decades long career. jane rosenberg is with us along with their panel again, i'm so excited you're here and i sat behind you last week and i was just at your artistry and how you bring these images to life so quickly, i would turn away and two minutes later, turn back and you'd done an entire portrait of donald trump. just today. what stood out? i mean, are you aware of the tension in the room or do you pay attention to the testimony

that's me? given? >> i pay attention do i recall every bit of it at the afterwards no. >> i have no it's in me, but it's not like at the surface, i'm concentrating on drawing that's my primary sense. the sort of electricity in the room. do you hear though the typing today was one of those days like same as hope hicks today without, you day, i was there. i couldn't hear it happened again today. we'll soon as a big witness, they have a good witness in the morning, but they didn't nobody cared came on and became so yeah. >> so you've seen trump obviously a lot. he he did he say hello hello today? >> he doesn't always but he he does know who i am. he see me in dc and florida every picture. >> i mean, it's on television. of course he knows who i am i guess it was on the cover of new yorker magazine. he saw that i worry about how he

thinks she's being portrayed, not so much. >> his base. i do worry about because i've gotten some strange emails from people who don't like the way a portray him or family of his wherever it was, fascinating because when i watched you last week, you would you draw on him and then just at the end, you took out like a very bright color and did like the bridge of his nose and their hair was fascinating because it sort of brought the whole image to life yeah, that's i work from the darks to pull out the lights in the end. >> that's how i work. my papers is kind of a darkish, a taryn, a gold. >> i look, you have on an entire array of a pastels around. you'd like you set up this that which is incredible best part of my job, i was looking for like what colors you use for trump and there wasn't i, mean i, i'm not saying there's anything to be orange. yeah. i thought that would be like an always because you have a black section, you had to no i had a little orange

section, but he's not really fully aren't my papers kind of orange? yes. your papers dark like what his skin tone is. curious. >> have you gotten light called to the carpet by a judge? after a trial? me like come on is frozen. were you get it done a better job but you may have you ever gotten in trouble now da or i mean, you always drawn me as a big just write i'm like ball with eyes real basis well developed at gately objecting to leading so have these glasses that are like special forces officers that you click down and they're binoculars, but vision as well, or just oculus i think just okay, there's a prescription lens on them, so i can i wear glasses so i can use you use that. >> are you looking at trump's face directly or you're looking to face in the monitor if i could see him directly, i'm going to draw it, but there's all those court officers and the way i have to check that

monitor. >> thank god for that. >> what do you think about cameras come on, can ask me that that's what i. thought but i just wanted to check and choose which emotion to capture all the things to it. maybe you've got some commentary from the base, et cetera. how do you choose what emotion you're capturing in your drawing of say, trump, or even a witness whatever emotion they're exhibiting like today during cross-examination, stormy was like, really attitudinal. she was like turning away and look very add to know, that's what i have to capture. whatever i'm seeing wouldn't give you started a sketch of her, say the beginning of her testimony, and then all of a sudden morphs into this attitude. >> what do you do? all right good. thank goodness, i had finished my last sketch and i was ready for this new one because that happens a lot suddenly, something changes and i have to, but i saw on a new piece of paper and i saw you last week, you had somebody in the background one minute. and then all of a sudden you just wipe them away. i do that.

>> that happens, is that easy it's a, decision. >> was at him, you raise courses record. they were many at least four of james had already see my in my house between my house, my dad's house, and my office she's britain. has there been a moment in a court, not this case, but just in general, at some point in where it was so dramatic or so moving that you stop, that it really got to you not in this case, but yes, i've i've cried i can remember susan smith trial was a woman who drowned her to her two children, little kids. i had a child the same age. i was traveling out of town and north or south carolina away from my little kid and it was hard for me i heard the testimony of what a child what happens to them when they drown and they were screaming, mommy, mommy. >> she just let them strapped

in their car seat in the back of the car and rhoad car in the lake. it was really heartbreaking for me there are other things i've seen. i walked i did george floyd had to watch him di over and over. >> these things are hard a lot of murder trials are very upsetting and i didn't electrocution once that was pretty bad well, i really just sitting behind you. >> i i i left really with just an all of the work you do and thank you. and i think it's so important and i thank you so much for coming. thank you. that really lovely. >> thank you. >> also, lord. code. thank you. we'll see you at 10:00. nine eight agreeing for the next two hours after that, the rest are back in the next hour with much more on this blockbuster de the trial, more insight in the testimony from storing me from stormy daniels fashion moves fast. >> setting trends is our business. >> we need to scale with customer demand in real time so

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