it is good to be back with you on this second hour of "chris jansing reports." at this hour, we're officially on verdict watch. the fate of a former president now being debated by 12 new yorkers who have never served on a jury before. the final instructions they were given in a case that could alter

the outcome of a presidential election. also ahead, trump's red hot reactions. his flurry of online posts before heading to the courthouse, and how his campaign is raising money off the deliberations. defining reasonable doubt, how dueling arguments on michael cohen, stormy daniels, and even the "access hollywood" tape could come into play. sifting through a mountain of evidence, two jurors, jurors number four and number six instructed on how to use a laptop to call up any evidence they want to take a look at. we look at the critical documents at the center of donald trump's 34 felony counties. our reporters are following all of the latest developments. let's begin with yasmin vossoughian outside the courthouse in new york city where the waiting game is son. tell me a little bit more about the instructions the jury got before they went behind closed doors? >> reporter: quite a bit of a waiting game to say the least, chris.

inside jury deliberations on a momentous, historical day, they're going to go until 4:30 today. the instructions were quite weighty, to say the least. to say they were complicated is understated. let me walk through the jury instructions. juan merchan taking about an hour and 30 minutes walking through the jury instructions, talking about potential implicit bias, the importance of being a fair juror. do not consider the sentencing when coming up with a verdict. that is the judge's job to consider the sentencing. to consider the testimony, exhibits as well. referring to pecker's testimony, consider his non-prosecution agreement. michael cohen, of the same, to consider his guilty plea as part of his credibility assessment, not to weigh whether or not donald trump is guilty or not guilty. and talking about reasonable doubt, in the testimony and the

impartiality as well. in talking about the witness's motive and the definition of intent. this was a major part of these jury instructions. and then walking through the law. right? twice it was judge juan merchan walked through the law, about seven pages or so. he talked about falsifying documents, new york election law, tax law as well. incredibly important through these instructions. i got a copy of these jury instructions right here. 50-plus pages long. this is not something the jury has inside that deliberation room, and so if they have any questions about this law, if they have any questions about the testimony despite the fact that they have it on that laptop, they have to ask the judge these questions in which the prosecution and defense need to reconvene inside the courtroom to answer those questions. it is incredibly complicated. no predictions as to when they

could actually come back with a verdict. but taking all of that that the judge has laid out for them in the hour and 15 minutes of jury instructions into consideration. >> i did a poll of journalists who have been in the courtroom every day, and their predictions ranged from later today to not until next week. there you have it, the definitive answers. yasmin vossoughian, thank you. >> exactly. >> let's go to vaughn hillyard who was standing, donald trump fired off a few heated posts on social media. tell us about that. >> reporter: right, chris. donald trump himself is waiting as well, and he is ordered to remain inside of the courthouse until the jury reaches its verdict, and for donald trump, meanwhile, he has his phone back, and on his social media posts, he has sent off a flurry of posts over the course of the last two hours since they began deliberating. i want to let you look at one of them. donald trump in this social

media post claims that he does not know what the charges are that were filed against him. we should note, as yasmin articulated, during the course of jury instructions this morning, each of the statutes, the state statutes here in new york that the charges leveed against him were filed under were read aloud, and the exact wording of those laws were read to the entire courtroom of which donald trump was a part of there. it is not quite clear whether this was just a willful misrepresentation or an unwillful understanding of what he was listening to over the course of the morning. we should also note in the last few minutes, he put out another post saying, quote, in all caps, it is ridiculous, unconstitutional and highly american that the judge is not requiring a unanimous decision on the fake charges brought against me. this is, again, where donald trump, we have seen this with other allies of him on social

media over the last two hours are conflating the words unlawful manner that is a part of the new york state election law that is -- that prosecutors are contending donald trump violated, in which they say that he used through unlawful manner an effort to influence the 2016 election. now, there were multiple other unlawful violations that prosecutors say he violated, including other falsification of business records, federal election campaign act as well as tax law violations here in the state of new york. they say that the jury can find that he violated one, two or all three of those in order to configure itself under the unlawful manner part of the statute over the state of new york election law. so for donald trump, again, so much of this is also about the court of public opinion because he only has so much control here at this point, how the 12 actual jurors are deliberating, will find him guilty or not.

it's a matter of articulating to the outside world, how he believes this case should go and includes misrepresentations of what has unfolded inside that courtroom. >> vaughn hillyard, stay close. i want to go to nbc's rehema ellis. and whether that motivated the hush money payment to stormy daniels. so take us through that. >> reporter: those closing arguments yesterday, chris, as you know, went on a whole day, not ending until about 8:00 at night. they were dueling in terms of trying to get the attention of these jurors. when it comes to one of the first ones, and that was that "access hollywood" tape you talked about. the prosecution, i want to show you the full screen on this, the prosecution was trying to say the "access hollywood" tape was like a category 5 hurricane to the trump campaign. hope hicks testified that it saw

the campaign in something of a meltdown, if you will, and thought this might tip the election. the defense on the other hand was saying it was not a doom's day event, this was essentially locker room talk and it would not be held in that much of a reason for high esteem, thinking this was such a big deal. that was just one of those dueling kinds of arguments, and there were more. talking about stormy daniels herself, when this whole thing came out, this on the heels of the "access hollywood" tape. they're talking about paying her. the prosecution said, look, if she didn't testify about those details because it was questionable, was her testimony too messy, too salacious. it would undoubtedly give the defense more ammunition to call her a liar. she went so detailed in terms of talking about the carpet, the furniture, what was inside donald trump's toiletry case in the bathroom, if you will, saying there was old spice in there. but the defense countered in

saying they did it to try to inflame your emotions. they did it to try to embarrass president trump. and so, again, the jury will have to decide who do they believe on that in terms of the deliberations they're going to. the final one i want to bring up in terms of these debates and dueling ideas, this is in reference to michael cohen. the defense hammered away at michael cohen over and over again, saying that he was a liar. in fact, calling him at one point, the greatest liar of all time. the defense says he was the personal attorney to president trump, an outside attorney, and the payments were compensation to him, period. but the prosecution came back with this, saying cohen spent more time being cross examined at this trial than he did doing legal work for donald trump in 2017. michael cohen was on the witness stand testifying for the better part of three days. the jury has now to widdle all of this down in terms of how each and every one of these

elements has impact in terms of the job they have got to do. that determines the guilt or innocence of donald trump. they have been in deliberations working through the lunch hour of about two and a half hours with more to come, i suspect. chris. >> rehema ellis, thank you. also at the center of this case are documents, including invoices and check stubs that the jury will consider as part of their deliberations. nbc's katie phang is at big board for us. welcome to the big board. >> it's maiden debut. >> remind us what the jury is going to be looking at? >> it's a great question. this is important for everybody to consider not only are we looking at this but the jury gets to look at this in the deliberations. what's key is this is a document that was prepared by the manhattan d.a.'s office that was entered into evidence. it's an exhibit, a summary exhibit. what's important is look at this, for example, there's the check, and excuse me, the check

in this case, the one that was for $70,000 is right here. so what, chris, we're going to be looking at and the jurors are going to be considering is the fact that you had michael cohen as the payee of these checks, but also you also had signatures coming from somebody like donald trump. now, this one was from the actual revocable trust. we didn't have that. this exhibit is how it lays out all the different invoices. you have 11 of them. so that's your 11 invoices, your 12 vouchers and your 11 checks, and, chris, these are your multiple felony counts that we have. also what we're considering is this, you have a jury. this jury is made up of 12 people. seven men and five women. and this jury actually has been sitting in deliberations for now more than two hours. one of the things that we also looked at when we were looking at the jury instructions, or, excuse me, the jury questionnaire is where do these jurors get their information. and part of that, they gave people some concern, and i know

it did, was the fact that there was a juror here who said they got some of their information from truth. truth social. however, when you look at other information sources for the jurors, it does include things like cnbc, we've got msnbc, i mean, so these are not necessarily any type of where the jurors are going to go. i think it's important to realize that we have a foreperson, that's juror number one. that foreperson is the person that's going to be presiding over the deliberations. that foreperson doesn't necessarily have out sized weight. there are two people that we have a little bit of interest in, juror number 3 and juror number 5. juror number 3 is a corporate lawyer, they practice corporate law, and juror number 7 does civil litigation. if there's interest or concern about the jury instructions, the other jurors may look to those lawyers for some guidance, chris. >> katie phang, thank you so

much. up next, peer pressure, what happens when a unanimous decision seems out of reach. we'll talk to two people who served as jurors in two high profile criminal trials. that's next. next. ♪ things are looking up, i've got symptom relief. ♪ ♪ control of my crohn's means everything to me. ♪ ♪ control is everything to me. ♪ feel significant symptom relief at 4 weeks with skyrizi, including less abdominal pain and fewer bowel movements. skyrizi is the first il-23 inhibitor that can deliver remission and visibly improve damage of the intestinal lining. and the majority of people experienced long-lasting remission at one year. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. ♪ now's the time to ask your gastroenterologist

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the new yorkers on donald trump's jury are some of the most powerful people arguably right now. for 22 days, they only had to look at the defendant's table to

be reminded they will be passing judgment on a former and potentially future president of the united states, a pressure so intense it caused some prospective jurors to drop out before trial, one saying, quote, i have to be honest, i feel so nervous and anxious right now. i'm sorry, i thought i could do this. i wouldn't want someone who feels this way to judge my case. i thought i could do this. another said during the jury selection process, i have really really bad anxiety and people have found out where i am. i want to bring in two former jurors who are no strangers to high profile cases, jessica, served on the jury of rod blagojevich, and a juror in the corruption trial of bob mcdonald. duncan levin is back on set. kathleen, you turned around a verdict in three days after a five-week trial. take me inside that room. you have just been handed the

case as the trump jurors have. what's the first thing you did as a group? >> basically when we went around the table, i believe there are 14 counts, federal charges against both bob mcdonald and his wife maureen. we just took it one at a time, and talked about the evidence for each, and just one at a time because it was just a lot to go through. >> today when they were -- when the judge merchan was giving the jury instructions, he said you can't take into account who the defendant is, and he had said in another point, and i think in the closing the prosecutor said, you know, everybody is equal under the law. but were you hyper aware of the status of the person you were judging? is it possible to say i'm going to treat this person like any other person? >> yes, and i was very aware that this was the former

governor and his wife sitting there. however, i went in and i believe that all of my fellow jurors went in as well with an open mind and listened to the evidence as presented. >> jessica, i would say rob blagojevich was a colorful character. he certainly knew how to get a lot of publicity. i'm guessing most of the people on the jury were well aware of who he was, and there he was, as donald trump is, sitting inside that courtroom every day. was it hard to not let that influence you, any preconceived notions you or others may have had about him? >> i think for me, i came in there fairly unbiassed. i hadn't really been following the previous trial. when i got called for jury duty, i did a little research and kind of knew beforehand that it was going to be the trial for blagojevich, and i think that a lot of the jurors that were

selected did a great job of evaluating all the evidence. we spent ten days in deliberations. we re-read all of the evidence, re-listened to all of the eight hours of phone calls. and really went over every single count one by one, analyzing and getting consensus on each one. so i think for us, it was just a great group, and we worked together really well, and for me, i don't think i came in there with any bias. i was very open minded. and i wanted to actually see that blagojevich might be innocent of some of these counts. didn't happen to be very many. that was my stance at first, and just the evidence was very compelling and we voted the way we thought was best. >> i mean, it sounds like you were incredibly thorough. was there any point at which you thought we might not be able to come to a consensus here?

>> we did have one juror who was -- who was not sure about the decision he wanted to make. so the fellow jurors, we just went through the evidence again, and just talked him through it, what his concerns were and how we saw things, and so forth. it did take a little bit of convincing. >> jessica, did you find there was some back and forth? >> there was only about three counts that we had a little bit back and forth, and that took a couple of days to sort out. for most of them, we were just very thorough. i had two notebooks full of notes. everybody else took great notes and really listened. we did have to comb over all of the evidence there was, piled up papers and phone calls, and things we had to listen to and go through. i think we were very thorough, but i don't think there was a lot of disagreement.

>> does anything surprise you? there they were, just toughing it out, working it through. i'm guessing that some people who are listening who just want to know what's going to happen here are saying, oh, my gosh, maybe this will take days and days and days for donald trump, but what's your reaction to what they're telling you about being inside the deliberation room? >> it's fascinating and, at the same time, a lot of us who have tried cases often go back and talk to the jurors at the end of the case and get feedback on what they thought was compelling or what they didn't think was compelling, and these types of stories you hear over and over from jurors who come into a room, total strangers, don't know each other, having heard the same set of facts, the same set of witnesses and can take away different things from it, and they bring their preconceived notions of the world, and that's why we have the system we have. the judge said and the

prosecution said to the defense, you don't leave your common sense at the door when you come in to deliberate, and these jurors are actually brought in to have all of their real world experiences bared to light in the back of the room. these are the kinds of stories that we hear time and again, and they're powerful. it's people taking it seriously, really trying to work out their differences as people from all different types of, walks of life. you have people who are employed, unemployed, who are white collar, blue collar, who are from, you know, different boroughs. you have people really trying to work out differences and come collectively to unanimity which is not always easy. >> kathleen and jessica, i'm going to ask you the same question. i'll start with you, kathleen. one of the things that struck me today is, wow, these folks have been here week after week after week. last night, they were at the course house until 8:00 at

night. both of you spent many weeks on the a jury, and i wonder what pressure was like, first of all, kathleen, and then what's it like to go home at night in the middle of deliberations when you can't talk about it, you can't tell anybody in your family about it. and you have to try to get some sleep. >> yes, you're right. it is very difficult. it was a five-week trial, and then the deliberations started. and we were instructed by the judge not to talk about it, so breaking up the deliberation from one day to the next, yes, going home and not being able to talk about anything that was discussed for the past eight, nine hours, you know, it is very difficult. not watching tv, not looking at the newspaper on the table. not letting the radio come on. just trying to remain very

neutral and thinking about everything. it was a hard night. thinking about everything, having everything turn over in my head, thinking about the evidence and how it was going to go the next day. >> jessica, i'm always amazing that people do this and do it so well. what was it like for you? >> well, our trial was two months long, so that was quite a lengthy trial. the deliberations were ten days. during that time, i shut down all of my social media at that time. i didn't want to have any questions over what i was doing, and going home at night, not being able to talk to my husband or daughter about what i was doing. i mean, obviously they knew i was on the jury, but that was difficult. and the ten days we deliberated, we really spent a lot of time and really thought about the decisions we were making, and i

think when someone is guilty, it's still a tough decision. definitely a lot of anxiety. some sleepless nights that came with it, especially during the deliberations. it's never an easy decision to send somebody to prison. >> so both of them came to unanimous decision. both of them guilty. it only takes one, though, as you know, duncan, to trigger a mistrial, and harry litman who has been attending the trial and who is there today. one juror that people are worried about, and i share that worry, can't identify him or her per judge's orders, but seems less engaged and slightly irritable. i know there's this perception that you can read jurors to some extent. and i'm not going to lie, based on what harry said and the article that he was quoted in, i was keeping my eye out, and there was, i think, one juror to my eye who maybe was looking around a little more than

anybody else and seemed -- but i wouldn't call him irritable, less engaged. he just was absorbing things differently. is it a fool's errand to try to -- and we all do it, guilty, watch a jury and think, oh, that's the one. >> i think it's human nature. it's natural. it's interesting how much we're watching the jury right now. for the last several weeks, don't forget, the jury has been watching the lawyers. they have been watching mr. trump, and as much as we're intently talking about this, they may be back there saying did you see that the defendant or mr. trump did this or did you see the demeanor of the witness, we're watching each other. i can tell you that i have often spoken to jurors at the end of a trial, and i was wrong about who i thought might be a problem, and you never really know. so we're reading tea leaves, and it's, you know, for the next several hours, it may be all we have to do is read tea leaves.

we may be right, we may be wrong. there are jurors that pay attention, all sorts of ways. some are note takers, some have a photographic memory. some read conservative media, but might still convict. some read a lot of liberal media and might still acquit. we don't know. the point is as much as we're watching them, we may be right, may be wrong. we're going to find out pretty soon, though. >> we are going to find out. jessica, kathleen, my admiration is limitless for what he did under the spotlight and to take the time to talk to us when so many people are wondering what it might be like inside that jury room right now. it's so helpful. thank you so much for your time. much appreciated. we just heard from two former jurors, but what's the waiting game like for the lawyers who put their reputations on the line. i'm going to talk to two former prosecutors from high profile trials. can donald trump be disqualified from voting for himself if he's convicted.

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inside the deliberation room for donald trump's hush money trial right now, there are two jurors who are able to use one very important computer. they have been trained on it. it has more than 200 exhibits loaded, ready to be called up at any time, and that includes two exhibits that prosecutors call smoking guns in the case. they claim that they are, quote,

so damming you almost have to laugh. the first is a bank statement with handwritten notes by former trump organization cfo allen weisselberg that showed the math for how they were going to reimburse michael cohen. and the secondhand written notes that former trump organization controller jeff mcconney took after weisselberg said they had to get some money for cohen. joining me now are two former prosecutors from other high profile cases, prosecutor in the bill cosby case kristen gibbons feden, and jeffrey say, jeffrey, let me start with you. what's the waiting game like for both sides in this case? >> chris, it's nice to be with you again. it's like waiting for gudo. it's the process of hurrying up

and all of a sudden waiting for the jury to come through. i think what you heard from a lot of other jurors from the mcdonald case, blagojevich case reflect something implicit and important that they're doing. they're going to take this very methodically, and i think they'll go more slowly than people are predicting right now. >> kristen, todd blanche gave up a high profile law office to be donald trump's attorney. alvin bragg knows this could be the only case and likely the only case prosecuted against donald trump before the election, what is that? i mean, the personal stakes for a high profile case, period, as you well know, the eyes are on you. do you feel that weight? because it's not just an interest that people had in your case or donald trump's case, it's a case that they believe tells us something about

america, this country, that's enormous. >> and specifically, in this particular case, we're talking about the ex-former president potentially as judge merchan, the next president of the united states so that is a huge weight and particularly in this polarizing environment, it is extremely weighty. it reminds me of the weight i felt in the cosby case, here i am as a black female, prosecuting a black icon beloved by all. that dynamic weighs heavily. i think one of the things that got me through the weight is as a prosecutor, at the end of the day, we're trying to deliver justice, trying to do it honestly and we keep our eyes on the evidence. you know, we're not defending a client. we're actually trying to defend the citizens of that particular county or that state, if it's a federal prosecutor. so in that case, it was heavy

responsibility, but it was one thing that we felt in every single one of our cases. so, yeah. very heavy. >> did you have the confidence in the jury? it was interesting listening to one of the jurors. i don't know if you had a chance to listen to a previous segment, but she was on the rod blagojevich jury. she was hoping maybe there could be something that wasn't quite right. i think there are probably a lot of people who grew up as you did, i did idolizing bill cosby who thought, when they first heard it, oh, you almost hope it's not true because you had such a different version of it. how do you bring people to that place, jurors to place to be, to put all of that aside, a donald trump, or bill cosby or rod blagojevich, or do you count on what they said, they're going to look at the law and judge the law. >> yeah, chris, it's hard. one of the things, when you're investigating a case as a

prosecutor, you investigate it alongside with the police, and so when you're dealing with high profile individuals, whether it's trump or cosby, john edwards, you need to focus in on the evidence. you have to put everything else to the side. and so when you follow the evidence, yeah, of course i think most people, whether the celebrity is an individual, or a politician, most people want individuals to do the right thing, and in the cosby case, you know, i was looking at whether or not this icon this sexually abused, you know, ms. constant or others. i did not want to believe it going into it. unfortunately the evidence was overwhelming, it was inconceivable that he didn't. i knew i could prove that case beyond a reasonable doubt. you're helping them overcome the celebrity and peel the layers of

the onion so they can see the individual, not as a celebrity but really who they are, and in the case of cosby, it was a sexual predator. >> jeffrey, in the john edwards case, i thought there was an interesting parallel to what we're seeing now. accusing him of trying to profit off a scandal, which of course is exactly what we heard the defense do with michael cohen, and frankly, to some extent, stormy daniels, right? they accused they are of extortion. how well do you think the prosecution did at diffusing some of that criticism? >> i thought they did a very good job of the ordering of their case, which is really critical in terms of how you set a narration for the jury and helping them to understand the facts, but i think the most crucial element from their case, from the beginning to the end is how to make the extraordinary into the ordinary. whether you're talking about a john edwards case, a bill cosby

case, a donald trump case, all of these cases have at their root, celebrity novelty, either in terms of the person who's sitting at the council table or the charges that are at issue. if the prosecutors in their case, were not careful enough, then what may happen is that the jury is left with considering the kind of weight of the world issue, which you never really want the jury to have to be grappling with. we want them to think as prosecutors this is an ordinary question i'm being asked to answer, and i'm going to treat it just like any other case. if there's too much of that novelty, that celebrity at play, that increases the pressure quite a bit on what the jurors do, and in many ways, that can cause them to retract. we have seen it in a lot of cases from the ordinary to the extraordinary. that's the biggest issue for the prosecutors as they put in their case previously, and now for the jury as they're evaluating it.

>> jeffrey and kristen, what a fascinating conversation. thank you both, really appreciate you coming in. appreciate it. well, if the jury ultimately convicts donald trump of a felony here in new york, could that impact his ability to vote for himself in november? nbc news senior reporter jayne tim joins us now. you did a piece on nbcnews.com with brand new reporting on this. i'm so glad, i get asked this question a lot. what did you find out? >> well, donald trump could soon join the millions of americans who don't totally know what their voting rights are due to a criminal conviction. 48 states bar people with criminal convictions from voting. the laws can be confusing. we dug into them to figure it out. for trump in this new york case, it comes down to whether or not he's in prison serving time for a felony conviction on election day. new york's laws are simple, if you're in prison, you cannot vote.

if you're outside on patrol or having finished the term of your sentence, you can vote. if you never go to prison but have a felony conviction, you can volt. and in florida, where trump actually registered to vote, they defer to states like new york for an out of state conviction. they say, well, we're going to follow that state's laws where that trial and conviction happened. now, it gets a little confusing in if he does end up in prison in new york, which, we should say, is somewhat unlikely, do to the fact that this is a lower level felony charge. he might get fines or probation, even if he gets prison time, the appeals would likely push us past the november election. florida has a clemency, to appeal to get voting rights back. governor ron desantis heads up for a process. could make an interesting pairing if that happened. >> i had no idea. jane tim, thank you so much. fascinating reporting.

still to come, breaking news from supreme court justice samuel alito and his defiant letter to congress. we'll explain next on "chris jansing reports" only on msnbc. c - so this is pickleball? - pickle! ah, these guys are intense. with e*trade from morgan stanley, we're ready for whatever gets served up. dude, you gotta work on your trash talk. i'd rather work on saving for retirement. or college, since you like to get schooled. that's a pretty good burn, right? [cars honking] i'm a guy who lost a bet. and my dignity. get out of the way! as if watching my team lose wasn't punishment enough. what are you looking at huh... it's a one speed. hahaha. hahaha. and if you have cut rate car insurance, odds are you'll be paying for that yourself. so, get allstate and be better protected from mayhem... like me. hey, i'm walking here!

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as this may increase your risk of stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking, you may bruise more easily... ...or take longer for bleeding to stop. get help right away for unexpected bleeding or unusual bruising. it may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. the number one cardiologist-prescribed blood thinner. ask your doctor about eliquis. (♪♪) [shaking] itchy pet? (♪♪) with chewy, save 20% on your first pharmacy order so you can put an end to the itch. get flea and tick medication delivered right to your door. [panting] we have some breaking news. supreme court justice samuel alito has now told lawmakers he will not recuse himself from cases concerning donald trump's claims of presidential immunity from criminal prosecution and any other cases related to the

2020 presidential election or the january 6th attack on the capitol. his notice comes as he faces increased pressure over two controversial flags that have been photographed on his properties. nbc's ryan reilly is following this for us. what exactly did justice alito tell lawmakers? >> he said he's not recusing and provided more info on the back story, saying he's not a flag guy. he's really not into flags. he doesn't fly the flags at their home. that's all her. he said explicitly, my wife is fond of flying flags, i am not. he wanted her to take down the flags that were flown the month the u.s. capitol was attack in january of 2021 when the flag was flying upside down outside their home, and wasn't aware of it until it was called to my attention. as soon as i saw it, i asked my wife to take it down. for several days she refused. basically just sort of, i mean,

you know, figuratively pushing his wife under the bus here saying this was all her and that she wouldn't listen, that when he asked her to take it down, chris. >> ryan reilly, i have nothing to say about that report. but i appreciate you bringing it to us. as we await a verdict in donald trump's hush money trial, just blocks away, testimony is underway in the bribery case against new jersey senator bob menendez. nbc's ken dilanian is following that trial for us. ken, a special agent from the fbi's public corruption unit, i understand, is testifying right now. tell us about the significance of this. >> that's right, chris, the fbi agent is taking the jury through a series of text messages, e-mails, and whatsapp messages between senator menendez's wife, nadine, and her friend an egyptian american working with the egyptian government, according to prosecutors, and they're trying to establish a time line and a series of connections between a foreign military sale to egypt in 2018

that senator menendez had authority and control over, and money changing hands between the egyptian business person and nadine menendez, and senator menendez, and by the way, he also got the exclusive rights to sell kosher meat to egypt, and that figures into the trial as well. senator menendez helped him get that and block the agriculture department from asking questions about it. it's part of the mosaic of evidence here trying to establish what prosecutors say was a bribery conspiracy, chris. >> let me ask you about another specific piece of evidence if i can, ken. prosecutors were dealt a setback after the judge blocked a text message evidence they had described as critical. what exactly is this evidence and why did the judge say it can't come in. >> yeah, this is a big deal, judge sidney stein based his ruling on the constitution speech and debate clause, and it's a reminder of why it can be so hard to prosecute corruption cases against members of congress, it holds that federal legislatures can't be prosecuted

for official acts. at issue here, are acts menendez allegedly took to smooth weapons sales in egypt in what prosecutors say was a conspiracy. prosecutors wanted to introduce a 2019 text message assuring egyptian officials he had not placed a hold on military aid and a 2022 message from his wife nadine saying, quote, bob had to sign off on this, in reference to pending military sales to egypt. prosecutors considered that second text so crucial, that they referenced it in the indictment. now they can't show it to the jury, and it's a pretty big setback for their case, chris. >> help us to get the big picture if you can. we obviously have been so focused on the donald trump hush money trial. where are we in this case? how far do we have to go? >> so we're in the third week of what the judge said could be a six to seven week trial, and so we're really not there yet. we don't know whether the prosecution has met its burden. they have to establish not just that money flowed and favors were done, chris, but that there

was an explicit quid pro quo, an agreement, and we haven't seen evidence of that yet. they may ask the jury to use their common sense, but they have several more weeks to put on evidence, chris. >> ken dilanian, i know you'll continue to follow it for us. we'll see how long it takes to get a verdict in the hush money trial. maybe we'll be picking up and spending a little more time talking about this one. muffin appreciated. also returning to court today, convicted killer, scott peterson who is making a bid for a new trial two decades after the murders of his wife lacy and their unborn trial. peterson is getting help from the l.a. innocence project as he pushes to get some of the key evidence tested for dna. those articles include a bloody mattress, duct tape and twine found alongside the remains of the victims. prosecutors say they had a solid case 22 years ago without those items and that other evidence ultimately convicted peterson. we will see, if you weren't

around then, this was a huge case that the nation was following. well, the jury has been deliberating for 3 hours and 15 minutes. to give you a lay of the land in the courthouse in lower manhattan, the judge did say today his expectation is that they should work and deliberate until 4:30. that on any given day, it's unlikely he'll go past 6:00. but we're watching for any new notes and signs of what's happening behind closed doors and we'll take you there live as soon as we get any information. that's going to do it for us this hour. make sure to join us for "chris jansing reports" every weekday from 1:00 to 3:00 p.m. eastern on msnbc. our coverage continues with "katy tur reports" next. next. but no matter what business i'm in... my network and my tech need to keep up. thank you verizon business. (kevin) now our businesses get fast and reliable internet from the same network that powers our phones. (waitress) all with the security features we need.

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good to be with you, i'm katy tur.