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are drawing people into these accounts. they're called family influencing accounts for a reason, most of that content, most of that draw the sponsorship deals, et cetera. that's all coming from my kid centered account. >> i have to say is just the legislation, the debate where the line is it's fascinating and important conversation to be having. it's great to meet you. thanks for coming in. >> yeah, absolutely. thank you so much you are seeing a new central starts now we, are on verdict watching the criminal case against donald trump. very soon. >> he moments of testimony will be read back to the jury. >> so who does that make the most nervous and then some hollywood's biggest stars are suddenly camera shy. what presidential candidates are having a harder time landing? the birdie endorsements this time around. i'm john berman
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with kate bolduan. sarah is out today and this is cnn news central all right any moment now donald trump will arise i've at court as 12 new yorkers resume deliberations over his fate and future. >> the question they will have to answer did donald trump break the law? court will pick back pick up with two requests from the jury yesterday. they asked the judge to review those 50 least portions of the 55 pages of jury instructions. once again they also requested to hear key pieces of testimony, much of that testimony from david pecker, the man who published the national enquirer, including his direct conversations with donald trump about the catch-and-kill game to bury damaging news prior to the 2016 election, trump is charged a reminder with 34 counts of falsifying business records to cover up hush money payments to stormy daniel's all to influence the 2016 election.
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easy again for me to say joining me now, it's bridging graz who is outside court? brynn, take us through what will happen when court resumes yeah. >> like you said, k donald trump on his way here now, once court resumes at 9:30, those two two things that judge or rather the jurors were asking for are going to take place the reading back of the witness testimony. remember just as you said, a key part of this is david pecker's interactions with donald trump. they want read back some witness testimony regards to their interactions over karen mcdougal but also their discussions that were had during that crucial august 2015 trump tower meeting between david pecker, michael cohen, and donald trump were prosecutors allege they had their conversations about how this catch-and-kill scheme was going to work. so these are very key. if you remember, even from the closing arguments,
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prosecutor is really highlighted. david pecker's testimony, calling it utterly devastating to jurors there's are really trying to make them focus on his testimony. so it's unclear why they asked for, but certainly they are going to hear it back again, or at least portions of it that is how it's going to start off today. we expect that to take about 30 minutes or so, and then we're going to hear some more of the jury instructions. what's unclear when court resumes is how much of those jury instructions jurors want to hear back the entirety, all 55 pages, which took a little bit over an hour yesterday for the judge to read or just a portion of it. so we'll find that out when court resumes, couple of things to remember for these jurors. they've been deliberating for four-and-a-half hours trying to come to new unanimous decision on all of those 34 charges. they basically can stay if they want until 6:00 tonight. that's something the judge offer to them yesterday. we'll see if they're going to take he came up that it also they have some evidence back there with them during the deliberations. it's on a computer, no wi-fi, as john
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pointed out. but certainly they have all that evidence to deliberate over but it's the witness testimony. they do not have the transcripts for or they don't have the transcripts of those jury instructions. so these are the things that they have to request which they did, and that's where we begin. and today, guys. >> all right, brian. thank you so much, john. >> all right. with me now for manhattan prosecutor jeremy saland and former trump white house lawyer, jim scholz, a jeremy, let me just start with you. when you first heard that the jury wanted to hear david pecker's testimony? about conversations and meetings he had with donald trump allegedly about the catch and kill scheme. what was your first thought? >> my first thought is donald trump's team blanche is not happy with that request. why is that? well, it's because we know we need corroboration of michael cohen. and where's that key corroboration? david pecker, i think that's safe to say. certainly there's the notes from weisselberg which are valuable, but these words, the mouth of david pecker, it starts from 2015, it gets that
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narrative going that this is a effort to impact the election and that conspiracy as the prosecution is elijah, though they'd have to prove that beyond a reasonable doubt to promote the election. and it starts there and then you get the words from trump himself. when i think it was referenced to mcdougal, where there's a question about do to buy the story or not. and he says, i don't buy stories and substance. you talked to my guy michael cohen so it really connects all the dots and corroborates in the strongest piece of evidence testimonial is david pecker deputizing some people say officially in this testimony. so michael cohen empowering michael cohen, jim, how do you see that? >> so you don't know what they're looking at? right? i agree that the defense is probably raising an eyebrow of that, but you don't know what they're looking at and perhaps they want to look at it to see if it does actually corroborated, right? they could be thoughtful through this process. maybe they're not buying what the prosecution is saying. on it. >> so i think it could cut either way, but i think as the more time that goes on, i think
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that's i think trump's defense team is right. the more time that goes on and his surrogates are saying that the better for him time means there's still deliberating which increases the chances of a disagreement, which increases the chances of a hung jury gym let's talk about the jury instructions now, we don't know if they want to hear all the jury instructions. read back 55 pages are just parts of it which parts? and i'll ask you for the defense. which parts would the defense most like to see red back to the jury look, i am interested to see on the instruction on the underlying crime and whether there's confusion relating to that that's something that's been an issue in this trial from day one. i think it creates some appealable issues down the road, some significant a pit pellet issues down the road. >> and it could be just because there was this hiding of the ball of what the underlying crime was and then it comes out that it's a campaign finance
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perhaps tax, but it's still unclear if they're unclear on that. i think that sends an interesting signal as to how they're feeling about this case and the confusion associated with these layers. that the prosecution is created. in part as part of their case. >> and i should note, we are seeing donald trump's motorcade arriving at the manhattan criminal court is very possible. we hit here from donald trump before he walks in. he has not been happy, obviously. >> not at all over the last day seemed in a way, a bit frustrated and dejected when the jury started the branding, the jeremy do what jim was saying that i'm actually lots of prize, but i think there were some conventional wisdom than if the jury's asking for instructions about the law surrounding the counts itself nat might be something that prosecution likes more, but if they're asking for the instructions on reasonable doubt, that's something that offense always lies. well, as it's funny, you say that first of all, my response i think is assessment is fairly reasonable, jim, what jim says in terms of potential appellate issue, i don't think first of all, let me take it back. the
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prosecution did not hide the ball. the defense team had donald trump knew walking into that courtroom. and throughout that trial, what those underlying other sort of elevating offenses work to make this a felony. so it wasn't really hiding of the ball. the public may not have known wasn't a jack jack smith a speaking indictment to tell it but it was there i was going to reference reasonable doubt. the question for that is a great one. who does that hurt more? who does that make? does it mean that there's two or three people the jury say it's a reasonable doubt or does it mean that there's nine of them trying to be conveyed? since but i'll say this to we can sit here and all pontificate and try to read these tea leaves. none of us know nothing until that jury gives it to the foreperson and the judge reads. >> two things can be true. one, you can never know for sure what a jury is thinking however, we do see the notes and we do see what they're asking for. so i do think it is reasonable to wonder and why they are absolutely trial attorney absolutely wonders if the prosecution, the defense, no matter what hat you're where, you're wondering again, jim, as they go into court very
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shortly, donald trump, no doubt, sitting there and waiting what are the possibilities that i think we didn't discuss that much leading up to is the possibility of a mixed verdict for 34 counts here and the counter-argument to the idea that this could take a lot being a longtime good for trump on a mixed verdict, they have to discuss which ones they would find him guilty of and then which ones either they would be hang or acquit him on. >> you can see that taking a long the time yes, but i think it's less likely that you have some of the accounts because they're all they all relate to business records, right. >> so i think it's less likely that you see some of those counts going to not guilty, and then others that he's guilty on. i think it's more likely that it's going to be he all or none or the potential for a hung jury. i just don't see that mixed verdict. on each particular instance. i think it's going to be i think it's gonna be all or none or mr. or ms trial by way of hung jury
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now, there are some people suggest that checks the signing of the checks as opposed to an advice. checks is something there was a lot of testimony that total trump spent a lot of time thinking about wasn't going to see $1 or ascent going out without, his thoughtful approval there. but we'll see in the first thing we again, we will learn is if the jury wants all the instructions are just parts in which parts and then we'll be able to talk about that. jeremy saland gym well, it's great to see both you. thank you very much president biden launching a new strategy to win over black voters as his campaign is scrambling to bolster enthusiasm among this key part of the coalition that put him in the white house in 2020 in the first place, democratic center from the battleground state of georgia senator raphael warnock joins us next russia is we're trying to spy on us. >> we were spying on them sally franklin this is a war, but secret was secrets and spies, a nuclear game premieres sunday at ten on cna. this looks
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>> i always get emotional. >> you more concerned about what's going on inside the nba than what's going on inside a unit, you know, doc, you're right. >> and that's all the time we have thanks for watching. are you cutting to a commercial western conference finals presented by at&t? continue. want to into summer is upon us. >> and with that and you push by the biden campaign to win back a key part of the coalition that helped him win the white house in 2020. they are turning up the heat on how aggressively biden takes on donald trump and also turning up their appeal to win black voters just listen to this line of attack against donald trump when biden was in philadelphia yesterday about this what would happen if black americans are stormed the capital i don't think he'd be talking about pardons is the same guy wanted to tear gas, you as you peacefully protest at george flores murder. the same guy who still cause the central park five guilty, even though there are exonerated he's that
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landlord or denied housing application because of the color your skin joining us right now is a top biden ally in the state of georgia. another battleground state democratic senator raphael warnock, senator, thank you for coming in. so biden campaign has and is acknowledging they've worked to do with black voters. why are they struggling well, listen, as someone who preaches every sunday, i can remind you that there's a reason why we show up every sunday and that is that people need to be reminded. >> and so i don't think that what the president and the campaign is doing is any different than what the preacher does every sunday, reminding us of the good news and the great thing for us is that we've got a lot of good news to share. we're talking about record low unemployment among african americans. black wealth has gone up 60% since before. the pandemic as a proud graduate of a historically
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black college, morehouse college, i'm proud that the president has invested some 16 billion in historically black colleges and universities all the while canceling student debt, which narrows the racial wealth gap. we've got good news to tell him. we'll be telling you between now and november here's the thing. >> the people are feeling. pain. people are feeling their personal economy for one example, people still feel that they are hurting and that is what we see in donald trump's way and rhetoric, that is what he is leaning into some of the analysis i've been seeing and how black voters are feeling senator is 49% of black voters across six of the top battleground states have said that they would back would back joe biden four years ago. it was nearly nine in ten voters, nationwide casts or ballots for joe biden and harry anton here at cnn had an analysis that has stuck with me. it says that trump has doubled support among
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black voters from this 0.4 years ago. in part because he's pulling in a quarter of black voters under the age of 50 if something isn't going wrong in terms of the biden appeal something isn't going completely right. can you pinpoint what it is? >> well, somebody who has been on the ballot and one five times in less than three years, i can tell you that if you stay on the role of poster you gotta get dizzy we don't see those polls go up and down between now and november. but at the end of the de black people are smart and they pay attention like all of our voters, the american people get it a look, we are seeing global inflation but the united states economy is doing well by any standard compared to others. now there's paying out there. the question is, what is now a trump going to do about it? what does he even promised to do about it? all i'm seeing is a campaign or retribution and revenge. and anger. and i
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don't know what that's doing for people were sitting around their tables right now. here's what we've been doing. we've kept the cost of insulin to $35 of out-of-pocket costs for seniors and we're trying to do that right now for everybody because insulin shouldn't be expensive, we know that in the state eight leg georgia for about 11% of the adult population has diabetes. this is real help to people's pocketbooks and when the biden administration set out the cancel student debt, which helps kids, i relate to this because i was the first college graduate and my family i couldn't i would've been able to afford college without pell grants and low-interest student loans. what did they do? they took us to court and donald trump bragged that it was his truck appointed supreme court nominees who blocked the initial effort to cancel student debt and with one hand behind his back, joe biden found a way with people like me pushing him to cancel student
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debt. so far, we have done $160 billion of student debt relief. and those numbers continue to climb. we've helped about 4 million borrowers and the plan is that between now and the end of the year, that number will rise up to about 30 million borrowers. that that's real help in the pocket books of ordinary americans. and i think we need an american president who's thinking about our problems, not his own. i think donald trump is pretty tied up right now in the manhattan courtroom let me let me ask you about the supreme court. >> senator, because justice samuel alito, he just sent a letter back to congress and response in part to some democratic senators yesterday, region objecting calls to recuse himself from cases related to the 2020 election in january 6. these calls come after reports that an upside down flag fluid is home and the weeks after the attack on the capitol when he wrote to what is really to all of you, what
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do you wrote? is it he says that the facts that don't meet the grounds for recusal and he puts it on his wife. he says, my wife is fond of flying flags. i am not my wife was solely responsible for having the flag poles and he also writes this that he is confident that a reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of the supreme court cases would conclude that the flag flying and his homes do not require re recruit recusal does that settle it for you it's a sad thing when sitting united states supreme court justice is blaming his wife for what's happening with respect to a flag associated with january 6. >> in front of his house. and i think this reminds us all that elections have consequences. and i know that there's pain in our country. i think three
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years of a pandemic, 20 years of a war of wars. all, all of this powers on the consciousness with the question is who's going to be thinking about ordinary people? and we don't know when one of these court seats will be up again the supreme court right now is in a crisis of credibility and donald trump has taken credit for unwinding roe versus wade we ought to give him credit for that. he's taken credit for undermining student debt relief. we ought to give him credit for that. and we ought to ask ourselves, who do we want appointing the next supreme court justice? i think women all across america, by the way, on both sides of the aisle no, the answer to that question. and meanwhile, those of us who were in the congress, i think you've got to be very focused on how we hold the court accountable in a country where we have three branches of government co-equal this is very serious because this idea
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that no one is above the law or equal protection under the law, the credibility of the course goes right to the health of our democratic system this is a moral moment in america. between january 5 when a kid who grew up in public housing first college graduate and my family and a some jewish immigrants got elected to the senate and january 6 where we saw this insurrection on the capitol. and to have a supreme court justice be compromised. and that question is deeply consequential. and it points to the importance of this election there is a big question of just what, if anything, and it's kinda leads towards not much the congress, the senate can do about decision when it comes to the supreme court. but that's that's that's a longer discussion that has been continuing for quite some time. senator warnock, thank you for coming in. moments from now, the 12 jurors in donald trump's criminal hush money trial will resume deliberations. will they reach a verdict today? see, you
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correspondent kristin homes. it is a big morning, are about to launch and pretty interesting stuff yeah, it is indeed. and of course, trump has just entered the room with his attorney, todd blanche in tow. >> what we were preparing for is for the court reporters who were in the room to read to the jury three these pieces of this testimony from the jury notes yesterday that they sent to the judge. i should note trump is speaking with his son, eric trump, who was at the defense table with them. we've seen a slew of family members coming into to sit behind the former president as he isn't at the defense table over the last several days. and paul, it's not quite clear if they're going to start with the jury instructions or the testimony because our understanding right now is they want the entire jury instructions instructions that they had yesterday, which took about an hour or so to read read back to them from judge merchan yeah. >> and the judge seem maybe a little surprise, perhaps a little annoyed by that because you just read them a few hours earlier and like you said, it took an hour and even questioning open court. okay. do they want i hear the whole thing or do they just want to hear a few pages? it's not
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clear how much they're going to hear, but that suggests that they made this request, suggests that when they got into the jury room, there must've then some discrepancy about how different jurors heard these instructions, which is why they have to be read back. and i think a lot of people have asked, well, why don't they just get a copy, right? this is their the rules of the game, but that's the way it works here in new york testimony pieces that they are going to have real who read to them, not from the judge himself, from the court reporter. >> i mean, they had to break yesterday because it was getting close to the end of the day. they were ending at 4:30, but these are interesting pieces of testimony funny because it's related to david pecker and michael cohen. obviously, david pecker, one of the first witnesses, michael cohen, the last witness for the prosecution and so to listen to but what they are are interested in. obviously, we're just reading tea leaves, but it could shed some light. the only insight we have and to what those deliberations or centering on yeah, most of this right now is a lot of guessing what the jury is going to do, why the jury is interested in certain pieces of evidence. >> one of the things that they had asked for was david pecker's testimony about trump
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tower for meeting. they also asked for michael cohen's testimony about the same trump tower meeting. i talked to a number of legal experts who said that could be them trying to walk who operate michael cohen's testimony know boeing that the defense painted him as somebody who did not tell the truth, but when it comes to david pecker, the interesting thing about a lot of his testimony was the fact that the prosecution focused so heavily on it in the closing arguments, they called it they said that it was critical to the crime that was being committed. so that might play into why exactly they were calling to rehear some of the portions of david pecker's testimony. again, these were people who were friends, donald trump and david pecker for decades himself, testifying that he believed that donald trump did not want these stories out there in the national enquirer because of the campaign, not necessarily because of his family. how does the trump team feel about the fact that this was these were the first notes today have any inkling of whether they think it's bad for them? >> they have no idea. i think
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right now it's a guessing game and one of the things i reported last night was that they've been trying to read the tea leaves with a jury. we know that they brought in, as you mentioned, several different lawmakers, donors, allies the things that those people were doing when they were observing, was observing the jury and lean back to the trump team, what they saw, some lawmakers were more recognizable said that they thought some of the jurors looked at them favorably. >> he said, at least one i'm juror, they believed was nodding along with todd blanche essentially, we was questioning michael cohen. >> now, they will be the first to admit they have no idea if this is accurate and if it's true or if these people we're just being polite, making eye contact, but it goes to show you how little anybody knows they're grasping at straws to try to glean any information they can about where this tree juries had his app. yeah. and as we've heard from other trial attorneys, is they've thought certain jurors were on their side only to find out that was actually the one who push them over the line up, paula, but we already know part of what this court reporter is going to be reading back to the jury and they don't have transcripts of the testimony in front of them, which is interesting because they do
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have a laptop that as the exhibits of the evidence it's on there, but they don't have the actual testimony that they can read through themselves, but we do know part of it is when there were questions about with between david pecker and dylan howard and questions it was also working for him at the national enquirer and he was asking about that trump tower meeting and how they set it up. and of course, that was the infamous meeting in the august of 2015, right before trump, when trump was becoming a candidate, where they were talking about this deal that they had hatched, where david pecker would be the eyes and ears for the trump campaign. >> and this is such a key moment because prosecutors argue this was the first step in this alleged conspiracy and the fact that they're asking about this specific testimony. it suggests that they're going going through the case chronologically. why i will because obviously, if michael cohen testified to a lot, david pecker testified to a lot with the trump tower meeting back in 2015 when prosecutors did their closing they argue that this is where the conspiracy began, that they all agreed that they were going to try to suppress negative stories. why? >> to help trump win in 2016?
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>> and that's really significant with the prosecutors case because they've charged the eventual falsifying business records as a felony because they said all of this was done as part of a conspiracy to help trump win in 26 16. so this request again, it suggests that the jury probably went in there, took a poll on all the charges, maybe reviewed their instructions as started at the beginning. that also tells us that we could be here for a few days. yeah. and the other interesting thing is they had questions. >> i'll karen mcdougal the jury did and the jury can only communicate with the judge via a note, which is also complicates this process. that's why it wasn't clear if they wanted all of the jury instructions read back to them are just part of it. hopefully they have clarity pretty on that and i should note we're waiting any moment now for this to begin underway in court, but another part was about karen mcdougal and a conversation that david pecker had with donald trump but karen mcdougal were called trump called to me. he said he was in his office as assistant transferred the call and trump said i spoke to michael, referring to michael cohen and he said, i want went to talk to you about karen mcdougal and he was asking if
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there's some group that's out there interested in buying her story, right? million dollars. david pecker said he didn't think it was true, but he did tell trump he thought he should buy her story ultimately, of course, david pecker bought it, but it's interesting that, that is also something that the jury is interested in because all of that was talking about really just the for it's all related to the campaign itself. >> yeah, there's a couple of notes about that call. >> one, donald trump alludes that he had a conversation with michael cohen. he doesn't go over what michael cohen told him, but he mentioned karen mcdougal. at one point. he says she's a nice girl. then when he asks pecker about if he should buy the story, pecker says, yes he says, i don't buy stories because they always get out. anyway. >> but we know that michael cohen's still was part of this arrangement to pay karen mcdougal $150,000. >> now for that ended part of the reason is that pecker kept asking cohen for payment back, but then what we know is that pecker had a conversation with his general counsel. we have no idea what he said in that, but after that, and based on that
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conversation, he went back to cohen and said the deal is off. i'm not selling you the life rights that i purchased $150,000. we're done here. i don't want to do it anymore. >> and that obviously is going to be a question mark as to what exactly the lawyer said. and even in court with their questioning so if they can't get into that conversation because it's attorney-client privilege. >> but that is part of what they we'll go over to bag it and it's just this is the first time the jury will all be back in the courtroom since they were there yesterday, where the judge brought the man was asking them you want this rewrite back to you. >> they've knotted their heads. i believe an acknowledgment that yes, they did. and so they'll know be back in the courtroom. trump is there the parties are are there is no one knows what is happening because the only person who can communicate, communicate with the jury is the judge. and that's only through a note at this moment. yeah. i think the jury walk jiang is really going to reach a fever pitch looking to see do they look tested, look tired, they look annoyed. how attentive are they being used throughout this case, this story has been so incredibly attentive i think some of us have been even surprised, so we haven't lost more jurors who just didn't want to be part of
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this, didn't want to be involved as something so high profile that can come at a cost in terms of threats to you and your family so this jury has taken their job so seriously throughout this process, but i think as they have this red back, now that we know their deliberations, i think the prosecutors, the defense seeing are poor whereas it's just natural. everyone's going to be watching them. but i am looking at those specific portions of transcript. i cannot figure out what exactly the dispute is solving a puzzle. it is the only thing i can say is it appears that they're starting at the very beginning. >> yeah. >> of course. every time that buzzer goes off in the courtroom, which happened twice, history day sends everyone into a frenzy. john, obviously, as we are waiting to see, you know, what exactly the questions are? juror has the jury has at this particular transcript. and also, if that buzzer goes off, any other types today, letting us know that the jury has a note or even potentially a verdict verdicts watch and in buzzer watch, i think is now what we were facing over the coming minutes. >> caitlin, we're going to get back to caitlin following
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kristin. very soon. as we are all will show you live pictures from outside the courthouse. donald trump is inside and we're about to head back in. we know he is in the courtroom speaking to his son who was there long with them. >> and the judge will be in there soon. >> and then the jury has back into deliberations. a lot of questions and what's going to happen first, we're all going to find out together stay with us did you know taking xyz all at night, release allergies while you sleep you wake refreshed for more productive day 24 hour continued can you it's relieved. >> that does not fade. you wise old, take xyz off at night. >> have heart failure with unresolved symptoms. >> it may be time to see the bigger picture. >> heart failure and seemingly unrelated symptoms like carpal tunnel syndrome shortness of breath and irregular heartbeat could mean something more serious, called att rcm. are
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reporters inside the room said that the judge announced that they had received another node. this node has two requests in it. what remains to be seen is what those requests are from this jury. what else they need a clarification on or what else they would like to have repeated to them already. they've asked for the judge to reread the jury instructions to them. the jury instructions he's spent about an hour on yesterday. they also want to hear key parts of testimony from too critical witnesses in this case, david pecker, the tabloid king from the national enquirer and also michael cohen, trump's former personal attorney and fixer. so we're waiting to see paula and kristen what these two requests are, but but i mean, it's the jury just got back in the room this morning. they already have two requests right now. judge merchan says the jury requests that he reread the jury instructions beginning with how it considers facts and what inferences can be drawn from them. so that was closer to the end of the jury instructions, maybe midway through from yesterday, if i remember correctly and it was essentially the question is,
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what is, what's the part of the jury instructions that they're confused by or maybe there's some disagreement and they just want to have it repeated so they can all be on the same page. yeah. there also asking to hear instructions related two count one. >> so this is a good time because the judge was concerned, i think that they wanted all 55 pages read back, but here they're helping to clarify exactly what it is that they even the judges said that he'll include all the disputed testimony. so now they're going to go through and he says he's going to read pages 6 to 35 of the jury instructions, and i'm skipping being a head on the side street, but that's a considerable amount of what he read yesterday. i mean, that's almost half the jury instructions that he's going to have to read back. that's going to take awhile. so this could take think maybe up to two hours to get through all this will and this is interesting, and i believe what he's saying, what he says, the disputed testimony, there was disagreement over what parts exactly they were going to read back to them there was a part where the defense wanted them to include when they re-read the testimony where david pecker said that stormy daniels is not part of their deal. that was when a meal beauvais trump's attorney was
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questioning him on cross-examination and he confirmed yes, she wasn't part of the deal. there was a dispute over whether or not they could include that the jury is also requesting head bones to use there evidence laptop. obviously, you don't want everyone listening to the same. they got on one laptop but it is interesting what exactly it is that they're asking for because it really helps us give clues into what exactly they're deliberating about. >> this is a win for actually both sides here, because there was a couple of things that both the prosecution and the defense wanted in that were in dispute now that the judge said, give me the night to look at and decide we'll go through everything else now. now he's obviously saying they're going to include it all some of the stuff was that the defense wanted in was part cross-examination. the jury specifically asked for headphones to fit a 35 me on a delta flight because i don't i only have one airpods but i think they're asking for these. i mean, this is for people who are confused. this is a laptop and evidence laptop that they got. there were two jurors. juror number for a juror number six, who are the goal into me? sodiums of this evidence
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laptop. they've been stayed in court a little bit longer yesterday to make sure that they knew how to use it. and now they're asking for headphones and for the prosecution suggesting they get speed speakers for this, but it also seems to indicate that this is not going to be ending anytime soon that they're not really think they have more to listen to, right? we're a verdict yesterday that was a question. i mean, it's all speculation at this point, but clearly they are meticulously going through this evidence. >> yeah. what we can glean is that they're going through methodically and chronologically and it's a reminder that when that buzzer sounds, it can be anything from possibly a verdict to a question about substance to a request for supplies to a request for snacks. so they were probably getting here that buzzer a few more times today. i know people get pretty excited. they speculate just a reminder, there's a broad spectrum of things that they can request, but this is going to take a little while for them to have the jury instructions read bag and the portions of testimony which will include so it's pretty much the max that we anticipated this. it'll take a little while. jury deliberations may not get underway until maybe after 11. >> and this is interesting
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because merchan says that the jury is we're requesting the rereading of the judge's instructions beginning with how the jury considers facts, what inferences can be drawn from that, including the rain metaphor that was where he was basically saying use your reasonable judgment on this, that if you went to bet and you didn't see it rain, but you woke up and it was wet outside, then obviously you can reasonably infer that it did fact rain while you were asleep. he was essentially telling them to use their best judgment and reason as they're making these critical decisions. >> yeah, it's interesting to me that they want to hear that read back with that metaphor. i'm talking about inference, right? so they're clearly trying to figure out if there are missing parts. what you can for how much you can infer and what that looks like given the metaphor, there so i guess i do believe that this means that it's going to be a lot longer, particularly that requests for headphones kind of feels like there's a lot of people who have stuff to listen to now. so i want to question jeremy herb, are reporter in the room helpfully sends that exact
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metaphor from the judges instructions. and i'll just read it. he said, for example, suppose you go to bed one night when it is not raining you wake up in the morning, you look out your window, you do not see rain, but you see that the streak i won't get wet and that people were carrying raincoats and carrying umbrellas under those circumstances, it may be reasonable we'll do and for that is conclude that it rained during the night. in other words, the fact of it having rain while you're asleep and is an inference that might be drawn from the proven facts that the presence of the water on the street and the sidewalk and people in raincoats and carrying umbrellas it was just really a helpful way for the judge to explain to the jury. >> use your common sense here. you are people who've had lived experiences and you can use that as you're making judgments, as you're looking through what this evidence is and what the testimony is. >> and i think clearly there's some dispute about that. that's why they're having it read back. so obviously, some jurors interpreted it one way, some interpreted another way. now when it comes to the prosecution for them, for folks to make inferences is very pretty significant because there are some missing pieces of the puzzle here right? keith schiller, allen weisselberg,
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michael cohen is truly the only directly to the falsified documents. and just to note, the jury is entering the courtroom at this moment. they were not in the room as they were reading this note to the parties and they have another long day ahead of them. that judge talked yesterday about maybe staying late yesterday. they got to go home at their usual time maybe even a little early but today this could be a long de of deliberations based on the questions, things that we're seeing, it is unlikely we'd get a verdict today. they appear to have a lot of work to do. and again, they're being attended to there being methodical and they got a lot of questions and you were just reading tea leaves were completely speculating on this because, you know, when you're actually in the room, i was talking to a der last night and the blue goya wic case, it was who she was just describing how different it was in the room that they did take votes of where's everyone's where are we feeling on this? looking at the evidence going through it meticulously? >> as she was talking about it. >> that the rain metaphor is interesting, kristen, because when the prosecution was giving its closing argument, they were appealing to jurors common sense hey maybe you didn't actually witness donald trump himself go into the computer program and classified this as
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a legal service. but you know, that he calls it of course that's their argument that we're making will see if it believes it, but it is interesting that the jury is asking to hear that part of the instructions. >> i think so, too. i will say at the bottom of this metaphor or about making inference, it says there have to be facts that lead you to that. the rain, the water on the ground, people carrying umbrellas, et cetera to solidify that. but i will also note that again, as we have said, this case really hinges on michael cohen's testimony. so part of what the prosecution also has to do is say hey, that can you make these inferences without just michael cohen's testimony? because remember, michael cohen testified to a lot of this, like he directly said that trump knew about all of this but some of what they're asking them to do is essentially corroborate michael cohen's testimony and the gaps in his testimony with the facts around all of that what this is excited. >> we've gotten out three nodes from the jury as we are waiting for them, they now entered the room. none of them
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looked in donald trump's direction as they typically don't as they make their way to the jury box to rehear this testimony, and the judge's instructions to them as they are continuing their deliberations, don't five hours in this is seen as a special live coverage, much more as the judge is beginning to read the notes five good things. >> listen wherever you get your podcasts hi it's christina again, i'm here to tell you about an all new special offer from my friends at jacuzzi bathroom model that you don't want to miss, you already know jacuzzi has been making water-filled great for more than six she five years, and now they're bringing you this special tv offer. >> were waving all installation costs and postponing all payments for up to one year to khuza'a bathroom model as a design, you'll love at a price. you can afford and best of all, they can install it. and as little as one day with no stress and no meds, are you ready to? for your new shower here it is it's fabulous.
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cardia.com or amazon i'm more liebermann at the pentagon. >> and this cnn white the breaking news in the criminal case against donald trump at this moment, the judge is reading, rereading parts of instructions to the jury back to the jury. what you see in
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the left-hand side of your screen right now is exactly what the judge is reading. the jury asked to hear parts of the jury instruction a specifically that dealt with the idea of facts and inference that can be drawn from facts and specifically, they want to know about something i've been called the rain metaphor with us now cnn, legal analyst joey jackson, jeremy saland, gym shoes also with us from remote joey very quickly the rain metaphor and what that might mean here. >> okay, very important, right effect as a fact, i see it, i know it, it's substantively effect. there are other things that are facts, but i may not see why is that critical here? defense arguing that cohen provides the only direct link if that's the case, prosecutors say, not only do we have things like corroborate cohen but we have things we can draw inferences from what he said, right circumstantial evidence, john, what a circumstantial evidence? we all walk outside right now. we don't see a droplet of rain
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coming from the sky, but the cars seem to be wet. there are puddles that are in the street. there are other people who were wearing raincoat it's what can we logically infer that it was raining outside so did you see it, john? they just see it kate, did you see it, jeremy, none of assault, but we could reasonably infer based upon the surrounding circumstances that it happened. that's the prosecution's main argument here. if the jury buys the circumstantial rain metaphor, it spells trouble for the defense, and we'll just draw it a little common sense that's the other word we need in there as well common sense and also the right metaphor sounds even more ominous the way joy was describing it. >> but jeremy talk about when if they want more information and we read the tea leaves on it. this is this has the defense team's sweating absolutely. >> absolutely. even if we don't see this weapon, we see it over here on well-planned i've got common sense yeah. so absolutely this is seems favorable. we don't know. we're not there, but it seems very favorable. even the reading of the first jury instruction, pardon me, of the first count indictment. that's not because are really stuck on whether
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that particular item was classification of business records. that is all for the same 34 counts. they want to know what the elements are. this is moving and progressing in the right way for the prosecution. >> and jim, it shows if you are with us in a way, the prosecution's case is a rain metaphor case. it is the sidewalk is wet, case type of case and inference from facts. now, we don't know why the jury wants to hear that. we don't know if there is 12 jurors who what to equip, but one jury is saying, we need to hear the rain metaphors. so i want to convince the other 12 view that could be in, but this is a sidewalk is wet type of case, isn't it well that yes, it is. >> and i think this is just indicative of the discussions that they're having. right. and i think you hit it right on the nail, right on the head. i think they're probably debating right now. look, there's not if they don't believe michael cohen right, then then how did they get there? and they have to get there through circumstantial evidence. >> and i think that's probably
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the internal debate going on right now. there are probably some jurors that are saying, i don't think it gets there. there are probably some other saying, yes, it does. and as they continued to deliberate, they're going to want to hear so that so that no matter what camp urine and in that jury room they're going to want to hear what the judge has to say, what the instructions are as it relates to that circumstantial evidence. so that they can try to come to some agreement. >> one of the other things that came up is that the judge one of the notes is that they wanted to they wanted to they wanted to be re-read the first count. they wanted how this all relates to the first count. and jeremy just reinforce this point because if you think it's not about count one, because count to three and four are the same, correct you in theoretically could find something was falsified and something wasn't, but it's the same element, doesn't matter. >> you can take out the factual peter he's meaning what was allegedly falsified, whether it was an invoice or a check, but the elements are what's critical and if they're asking for the circumstantial evidence
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and want to know all this, read back in terms of to the jury instructions. it tells me to the point that was just made. it doesn't mean that everyone is on one side. there could be trying to convince a couple or a lot, but this is progressing. if i'm the prosecution, the way i want it to progress in joey, after all, this is done, this is going to take a while all the read backs we'll take maybe an hour here after that. what are you watching? four do you think this may be it from the jury or do you think there'll be more questions in about what so john heart to tell fits it. we know what their strikes doubling with ripe for based upon what they're asking for, was there conspiracy or a cover up that's the prosecution's theory. so they're going back what it pecker say, what it pecker say to trump what did what did pecker when they met with cohen and trump and hope hicks coming in and out of that meeting. what happened there? we know what their focuses and they wanna be apprised as suspicious typically, what the law is, but they may have additional questions as they go back, we know obviously what their thought processes as of now all right. >> joey for, me jim. thank

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