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tv   The Rachel Maddow Show  MSNBC  July 4, 2024 7:00pm-8:00pm PDT

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that will do it for me tonight for this special edition of the rachel maddow show and i appreciate your having me on a night i am not usually here. but now it is time for what you are waiting for, the 11th hour with stephanie. after 22 witnesses and 16
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days of testimony, donald trump has become the first ever american president to be convicted of a crime. this trial will go down in history. but without cameras in the courtroom, americans never got to see the evidence for themselves. they didn't get to see trump's eyes close and his mouth go slack as he sat slumped at the defense table or here stormy daniels salacious testimony firsthand. they didn't get to watch the judge clear the courtroom, seemingly in anger, as he butted heads with one particular witness who was truculent. americans had to rely on the few reporters actually in the room making notes, writing down and committing to memory the things we saw and experienced. they were things that a transcript can't capture. take a look.
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>> that was something to behold and i could hear gasps all around me. i wasn't sure we would get to a place for would have -- where we would have any verdict. >> donald trump was writing checks from the white house. >> this is as professional jury you can get and you shouldn't read anything from it. >> what you heard about from the vibe in the room being called a courtroom is real. >> his eyes have been closed most of the morning and i can't say what is happening behind those lids. >> one word repeated over and over, guilty. it is something we have never seen before. >> we welcome you to this special event, prosecuting donald trump, witness to history. over this next hour, andrew weissman and i will lead you through what you missed in the courtroom. not the line by line details of witness testimony, but with the
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help of our colleagues, we will tell you what it was like to sit just behind donald trump as the details spilled out and we will tell you what it felt like in the room when witnesses to the stand a few feet away from the former president. it is the unscripted unpredictable moments when the former president seemed to be nodding off or muttering curse words and what people said to each other in a line for the bathroom after that riveting controversial testimony from stormy daniels. from some of our best legal minds, we will hear what they saw inside the courtroom that the nonlawyers like the rest of us may have missed. let's start things off with our first impressions from inside the manhattan criminal courthouse. >> it is a surreal moment going into that courtroom for the first time. and to see a former president of the united states, who is simultaneously the world's greatest clown and those two things at the same time as a
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criminal defendant just spinning things in your head that nothing else can. and the weirdness of that alone is your first hour in the courtroom and it is hard to take in anything other than the weirdness of donald trump. >> anticipating going into the courtroom, i was excited to do that. first of all because is somebody who is written a trump book and has been covering this man from the beginning of his presidential campaign on, this felt like a crescendo moment for him and the country. it is the only trial he will face. it definitely felt like a big moment and something i wanted to witness for myself. >> having worked in the mueller investigation, we couldn't charge the sitting president, then donald trump and that was
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a department of justice rule. and now in a full-fledged criminal case, it was kind of remarkable. >> i thought there would be a lot of pro trump people there. and there really weren't. and then i found my nbc family and the spot where we do stand- ups and the producers and camera operators and everything and we just got in line and streamlined for a really long time. the thing i learned is it isn't what you are wearing that makes a difference but what you are wearing on your feet. because where you will get cold is through the soles of your dress shoes, you idiot and why didn't you wear sneakers. >> it's not just that you go to the courthouse and they whisk you in and it is this easy breezy thing. you line up outside across the street from center street because they anticipate a number of people showing up. you have three different lines and it's almost like flying on an airline where they put you
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in a different group of people to board. >> the two courtrooms look identical but the only difference is the judge and jury are not in the overflow. >> that holds other members of the media and holds members of the public. the overflow room has a very large monitor at the front of it that shows directly councils table so you have the prosecution on one time dash -- side and the other side you see donald trump. >> you could go to the restroom whenever you wanted to. and there is this absence of tension in the overflow room that i didn't know i was feeling in the courtroom until i wasn't in the courtroom. it is almost like, you are standing in this very difficult wind all day and then the wind stops. it is that very different sensation and what seems to be the same place. >> the day before the senator
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in alabama had gone to the trial and said it was the most depressing building he had ever been in and he heaped scorn on it. i take that man's statements with a grain of salt. that it was perfectly nice and it was a good highly functioning municipal building and it kind of struck me how much a certain class of americans are used to very elite spaces and not used to public municipal bureaucratic spaces particularly if you are poor because you spend a lot of time in those spaces and people of power and money, they tend to be in a grand jury. >> donald trump in that setting when he walks past you and he walks in and out. you see him for the first time. this is the first time i have seen him in person. he was less than expected. >> the first time i was in the courtroom, donald trump was very surprised to see me. it had been mostly reporters and very few anchor types showing up there.
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donald trump has hated me longer than anyone who was going to walk into that courtroom. he was once very fond of stormy daniels and fond of michael cohen. but in 2011 when he started talking about president obama's birth certificate, i said he was lying about it and i called him a liar and he had never been called a liar before in his life and when he was leaving that day, he just did the stupidest thing he could possibly do. he looked right at me in this grand way that everybody in the courtroom could see. he was trying to do a face that would be tough guy and scary and threatening and full of hate, but he is a terrible actor. it came out as just an insanely twisted face that meant nothing
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but madness. and i loved it. >> if there were cameras in the court, people all over america and in all 50 states would be calling in sick to work in order to stay home and watch this thing. it is so compelling in person. the drama of this particular case against former president trump is both lurid and cogent and full of amazing characters and has just enough surprise to make every witness kind of a cliffhanger. i don't know if trump is falling asleep or resting his eyes, but it isn't boring. it is riveting. >> riveting is the perfect word to describe what it was like to describe what it was like in his trial and every trial is dramatic and we all get addicted to tv shows like that.
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this is real life. it was no exception. it was one thing to hear the news about it or if you are a nerd like me to read the transcript. tonight, we will continue to learn from people inside the courtroom, day in and day out waking up at the crack of dawn to wait in line and get one of the few seats available to the public and the press at 100 center street here in manhattan. i am joined tonight by a legal panel who also spent many hours in the manhattan criminal courthouse and please welcome the senior legal correspondent for nbc and attorney laura jarrett and our legal contributor and a former criminal trial attorney katie thing and litigator lisa rubin. they are here for the whole hour along with nbc and -- msnbc hosts. >> obviously some of these that attention and they were maybe the most important
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witnesses but maybe the defendants last witness, bob castillo, i heard that was a big bomb but what was your impression of what they did that people may not get of just these accounts and hearing from us about what was technically said and what was the demeanor and tone? >> the most important part of the witness that you can't get from reading the transcripts are watching the coverage is the entrance and exit. all of the witnesses were brought into a side door instead of the traditional back door where you walk along the entirety of the gallery and walk through the center and then the witness stand. here, each and every witness no matter hostile or friendly toward donald trump had to walk by his first row of surrogates into the courtroom. and those of them who had counsel, they then followed thereafter. in some cases, trump wanted to
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have an interaction with them as with his executive assistant but in other cases the body was as hostile as could be and michael cohen looked like he wanted to vault over the courtroom door so he could avoid being even proximate to donald trump. i thought the entrance and exit was fascinating. >> i have a question as somebody who has spent so many years as a criminal prosecutor. a lot of people have talked about how there shouldn't have been cameras in the courtroom and let's leave that aside but how do you think if there had been cameras that could have affected witnesses and the lawyers on either side or even the defendant donald trump, if this had been televised? >> it would have increased the intensity for everybody involved, especially the witnesses. you have to ask yourself whether or not donald trump himself would have reacted more visibly than he did and maybe
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he would not have or looked like he was asleep if you knew there was a camera on him. but when it comes to the witnesses, it is important. just like we have seen in other trials that they would be on the witness stand, i think it would have amplified a performance since -- performances we saw. i think the jurors would have been aware. even if you didn't see their identities, they know what is at stake. i think people need to understand that this is a small state courtroom. people are within close proximity to her point. they are within feet of each other. you know also it's not just the people in the courtroom watching or the overflow room but america and the world and that ag revises -- pitches the intensity. >> the jury was close and i
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think that is something you don't get from not being there. >> we have much more of our legal panel inside the courtroom coming up. but first, it was some of the most shocking testimony at the trial and stormy daniels took the stand all while apparently wearing a bulletproof vest. after the break our team takes us that only in the courtroom but inside the elevators and, wait for it, the bathroom lines where reporters tried to process what they had heard. you are watching prosecuting donald trump, witness to history. >> many of the journalists were looking at each other thinking i can't believe this is happening or being said and by the way how do i communicate this on television?'s on televi' or turn it down... hmm. nice and light. enjoy 40 days of freshness, your way. ♪ lalalalala ♪
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get the fastest connection to paris with xfinity. welcome back to prosecuting donald trump, witness to history. it is a special report on imports and in the kurt -- in person and in courtroom
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reporting. after years of covering stormy daniels and claims that he paid her to keep quiet with their sexual encounter so it wouldn't come out before the election, what was it like to finally see her in person when she finally took the stand to testify against him? and after her dramatic combative and sometimes shocking testimony, what was the conversation like among the reporters and spectators in the courthouse and what about that bulletproof vest her lawyer said she wore to court? here are some more firsthand accounts from colleagues in the courtroom. >> when she came in, all of us took a deep breath and nobody expected that. we don't know who the witnesses are until that day. and that is for reason. the prosecution protects their witnesses. we could figure out who the witness is maybe an hour before hand. that morning donald trump had posted on social media that they had been informed who the
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witness was and had not prepared and the person shouldn't be able to take the stand. minute he posted that and then by the way deleted it an hour later, we said it will be stormy. >> i have compared this trial to watching two movies made eight years apart. none of the central characters look the way you remember them in 2016. that is of true as michael cohen for example as it is for stormy daniels. on day one she came in with a jumpsuit with her hair on top of her head wearing glasses and not looking at all like the adult film star that we remember. i have since come to learn, because her lawyer said this on another media outlet, she is wearing a bulletproof vest and that accounted for her appearance. she was wearing an outfit that accommodated that because she felt her life was at risk coming to testify against former president trump.
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and the reaction of people in maga world about her testimony and i can tell you this by looking at her twitter feed reinforced why she felt that. >> there were no trump reactions to the stormy daniels thing that you can see but there is donald trump known to millions of people as the orange deterred who has to sit there for the first time in his life and listen to people call him the orange turd and thinking that somehow this harms stormy daniels and she flippantly returns to donald trump is the orange turd. there is not a juror there who cares that she refers to him as that . they are not offended by it. these are new yorkers and people who have heard worse in every trip on the subway. >> so we leave the courtroom.
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we walk out. there is a row of bathrooms and everybody lines up like you would in any kind of public place and we are online looking at each other and we know each other and we think is that what happened? and we get in the elevator going down to lunch and we say did she just accuse the president of this and this happened? everybody is digesting this what it is we all just heard. >> the jurors have been admirably stonefaced. i know i have seen reports and i didn't see it with my own eyes but i have seen reports of jurors involuntarily reacting to some of the more salacious details that came up particularly during her testimony and i didn't see anything like that. for me the jury was like stonehenge. like there were all these heads and they were very restrained. >> this is about falsifying business records and the defense team made the case that sounded like a 1970s case of rape. they went at her hard due to
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the fact she has been in the industry and defense counsel said you have been in more than 200 films and how are you this damsel in distress at the hotel room. in that moment i looked at the jurors the faces to see if i could read anything and get a glimpse of what they were thinking and they were inscrutable and maintaining a poker face the whole time. this is the courtroom that harvey weinstein was tried and and this is a prosecution team and they have done sex crimes and it was such a moment to have the woman at the center of this case basically told she couldn't have possibly been uncomfortable because she was in . >> she was treated so differently than other witnesses. hope hicks and david were devastating witnesses and their testimony is so damning for donald trump and there's was
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kid gloves. >> nobody's testimony is more devastating to the former president then hope hicks testimony because of her proximity and nobody questioned her credibility but if you separate them and forget about the accident of their respective births and hope hicks coming from wealthy greenwich connecticut and being raised as a ralph lauren model and the epitome of poise and grace in the white house contrasted with stormy daniels who had a very rough childhood and a mother who abandoned her and all of this comes out on her direct exam. but the difference and how they were trusted is helpful and sort of a toxic brew of class and misogyny. there was absolutely a judgment about her credibility based on what she did for a living. and then you think to yourself, wait a second, she may look the way she did, but she not only
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worked for him once but for trump twice and she left the white house in march 2018, came back to work for the former president and stayed after he lost the election despite the fact she was privately advising him he had lost and the things that lawyers and allies were saying about his not losing the election and winning were fraudulent and she still state. i have to question that who lacks credibility now? >> it is fascinating to hear those stories. the legal brains in the room were hyper focused on the defenses strategy to go hard after stormy daniels on cross- examination but not her picks for david . our panel had a front row seat to it all and katie phang and laura and lisa. from your spot in the courtroom, what you think of stormy daniels and how did she do from actually seeing her live as opposed to reading it
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cold? >> she did spectacularly. it didn't come across as rehearsed and it was authentic. whether you liked it or not, it didn't seem like she rehearsed or practiced it. she did prepare. that is a big difference. preparing with lawyers is different. she did a great job. i think she knew and even though i call it a d tour and not a sideshow but a d tour. the case took a d tour to explore what happened because you have to create the foundation of why the payment was made and how it got to the level of the documents falsified. you needed to have that dialogue. what was important is everybody likes to say it was a paper case but it is about humanity and people's courage and involvement with others and extramarital affairs, hush money payments. that is a human thing. she brought that humanity to the case. >> in many ways she did betty -- better on cross because you
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got a better sense of her as a person. she was responding naturally to questions that she did not know what was coming up and she got a sense of her and i thought how smart she was. >> the assumptions you said are ones i found myself checking saying why am i so surprised and i should not have been. what are the more unusual aspects of this case with bob castillo being called? >> i didn't see that coming. lisa thought they would call him but i didn't see it. >> i am with you and as you remember he was somebody that donald trump said before the case was indicted that he wanted the grand jurors to hear from him. and i thought that is a stupid move because it won't stop the grand jury from indicting him and he revealed something to the prosecution and as a defense lawyer one of the things you have and i think maybe sometimes the only thing
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you have a surprise. here it was flopped out. so here it give some flavor to him. >> i don't know that explains the clearing of the courtroom and how dramatic it was when the judge was fired up that i thought you know, bob castillo gets on the stand and right away he is combative and aggressive and rolling his eyes. he is muttering audibly. >> can you hear it? >> i am in the courtroom and thinking this is blowing off the rails fast and we had a sense that it was going south and i didn't know is south as it would. >> when you are there, you are communicating. >> we sort of have a bizarre pony express situation where i am allowed to use some electronics but not all so we can't use our phones in the courtroom because i think there
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is a concern that somebody will mess up and tape it even though we have been advised not to. we can send messages by email or direct message but we can't use our phones. we are all sending color in the courtroom about what we observe from tone and i often just focus on the jury and i am interested in what they are picking up on. but right away the jury is saying some stuff is going down. it had been a sleepy morning and everybody was feeling monday and then bob castillo gets on the stand and we are off to the races. because he was so i think contemptuous of the judge and the process and didn't like to be interrupted. this is a former federal prosecutor who felt he should be respected and thought the prosecutor was challenging in a way he didn't like and he didn't like being interrupted and she was objecting and most were sustained. in the room the tension is boiling and finally the judge ascends the jury out and they say here we go but then he is
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giving back to the judge and the judge got so upset that he cleared the courtroom from the press which is highly unusual. usually, there is a security situation, that is one thing. this wasn't that. the judge was fired up and worried about what he would say so we clears the room for a few minutes and we need to make that clear. we come back in and still he is rolling his eyes and for the remainder of the afternoon. >> that is a . where everybody is out of the courtroom other than you have the defense table and the prosecution table but the public and press are out of the room. >> not all of the public. >> it is interesting because i think you mentioned in the first few rows which are sort of friends like the bride and groom, they are still there, but this is one or all of us have to go with this record. >> it is chaotic and the media is screaming we have a right to
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be here and officers of the court are having none of it and the judge isn't so everybody is ushered out and the judge made a record of it so in a few hours we saw the transcript and we know what happened, but in the moment we all stepped out and we wished it hadn't happened. >> this legal panel will stay put for more of our discussion. but first you could feel the tension in the courtroom when michael cohen took the stand and came face-to-face with his ex boss for the first time in years. he was like others with a long line of underlings flipping on their bosses. after the break we get the first-hand accounts of what the moment was like. >> the first moment when trump lawyer todd blanche gets up and asks michael cohen did you call me a little crying so-and-so or
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whatever it was in the judge instructs him to approach as the d's office -- das office raises an objection, everybody was talking about that. about tht my progress h and now i love myself. a test or approve a medication. we didn't have to worry about any of those things thanks to the donations. and our family is forever grateful because it's completely changed our lives.
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once the testimony from stormy daniels was over, we did not have to wait long before the next very dramatic testimony. michael cohen, trump's former fixer and loyal attack dog, now a star witness for the prosecution. his testimony place the former president at the center of this alleged criminal scheme. what was it like in person when michael cohen saw his old boss for the first time in years? what was it like to witness the showdown between michael cohen and trump's defense lawyers during what turned out to be just a brutal cross- examination? let's go back inside the courtroom with our colleagues. >> the jury has been waiting for this moment as long as we
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have. it is highly anticipated. they have come face-to-face before in the civil fraud trial. this is different. he is the only one who can tie him directly to this crime and the linchpin of the prosecutor's case and giving up the goods. he has put him from trump tower to the oval office in a way that nobody else can. >> there are moments that stand out. the first moment when trump lawyer got up and asked him, did you call me a little crying so-and-so or whatever it was in the judge instructs him to approach as the das office raises an objection and everybody was talking about what a strange way it was for him to open the proceedings. >> when you prosecute cases where everybody has their hands dirty, michael cohen at the time working for donald trump doing things for him, it always always captivates and captures the interest of the jury when they hear from the fixer or they hear from the henchman or
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they hear from the guys who did the dirty work for the kingpin. >> i didn't notice any interaction between the former president and michael cohen but i did notice how closely he was making eye contact with the jury especially describing some of the more emotional parts of the story or describing his come to jesus moment about why he decided he would choose his family over donald trump. >> i think he was successful in maintaining control over his own demeanor. he didn't get agitated. he didn't act out. there were times when he got short or snippy, but mostly maintained the kind of equilibrium throughout that i think was probably helpful. >> i think he did do a good job of humanizing himself. there are many people in the jury who will never know a person whose loyalty to an accused criminal defendant was
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as extensive as michael cohen's was by his own admission. of course michael cohen is a person who pled guilty on two different occasions to federal crimes and what one of the judge is called a smorgasbord of crime. do i think he humanized himself, yes. is the relatable? not quite. he doesn't have to be a person you want to have a beer with. >> michael cohen finally took the stand and as was mentioned the jury was waiting as long as the journalists in the room had been but being there in person, or was some noticeable differences between the michael cohen we have gotten to know on cable news shows versus who we saw testify or his demeanor and how he sounded. i almost did a double take when the defense played a clip of michael cohen from his podcast and when you heard his voice from the podcast. you compare that to what you
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heard from the stand over the last day. that contrast is something that can play very well for the defense to argue that there are two michael cohen's. katie, lisa, and laura are back with us. i wanted to ask you about what you thought his very polite and unflappable and even q solemn demeanor. >> yes. in many ways it's what you want a witness to be but how did you think that played given they didn't see this other piece that you actually heard his voice and also describing the way he behaved and bullying people and a teen as and a phrase i hate that i will use as trump's pitbull. >> he knew this moment was coming and it is rallying and he kept his cool and even when things were thrown his way that he wasn't prepared for and made him look like a liar.
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>> he was talking at some point about information about his wife and child. i thought, okay, what will happen and i was waiting for fireworks. >> they did not come. he kept it calm. i think he did come off as on the stand sort of having a hand of being honest and i thought maybe there were times when he was resisting and maybe that wasn't of mine just tell them and own it and you have come this far and they heard you on the podcast talking about revenge as a dish best served cold and lay it all out and they won't punish you but if the jury thinks you are being honest even if what you said was honest, juries are somebody who can get there but you have to come off as authentic so i was surprised there were times when you could feel that resistance. >> i wanted to talk to you about the judge over ccing --
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overseeing this. i do have a man crush on him. i think he is a spectacular judge. the first thing i was struck by his voice. we have all been in court and we have seen judges and those who can't control the courtroom and we have seen judges who control the courtroom by raising their voice and through histrionics and you could see he controlled it by being the adults in the room and had such a calm judicial temperament. i felt like he wasn't going to tolerate and expected everybody to behave properly and it was remarkable. i thought how did you think he did that? this is the first ever trial of a current or former president with enormous pressures and enormous claims of violations of the gag order that he found
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10 times and a lot of novel legal issues and how did he manage? >> you know and we have been inside of courtrooms with judges on very high stakes cases that the one thing that we know is the person gate keeping everything is the judge and to laura's point she made earlier, the jury looks to the judge sometimes as a paternal figure or somebody who will be there to guide us through this process, which can be confusing and mazelike for some people. donald trump has introduced dust two different judges. we have seen the confirmation hearings and the brett kavanaugh is in the world and we have seen the justice through the civil fraud trial for the new york attorney general and we saw judge kaplan through federal court and we have seen different judges. the thing that i think is so poor in terms of america not
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being able to know the judge is not been able to see and hear him because he is measured and calm and even in the face of all of this uncertainty and all of these complex legal issues. why? this man came to the united states and immigrated from the age of six from columbia and he is one of six children and washing dishes and he did go to school and he graduated and the first member of his family to go to college and he lived in queens and he worked in the manhattan das office and has been a judge since 2006. if there is anybody who isn't a fellow new yorker, again you find somebody else who is not more new york then judge merchan. i think it is an interesting thing when you think about donald trump having a jury of his peers but also having a man like judge merchan who is overseeing the personalities and having to manage that, he has done a fantastic job and it
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isn't good that we haven't seen that on video. >> i do love your response because donald trump has attacked this judge and it's the first time because he says he is unfair because of where he comes from and that is a quote. and we all know what that means. your answer tells us exactly where the judge came from. there will be controversy on this trial with one side or the other and in every trial one side is disappointed are not as to what happened. the fact that we were there inside the court, i think you can all agree, this is been such a fair trial and process because the judge they have really good lawyers and whatever is happening it's not because the processes and working and really i think it is important and the judge is primarily responsible for that in terms of how he is handled this. so we are not the only ones
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join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. welcome back to prosecuting donald trump, witness to history. our special report on in person reporting of the first-ever criminal trial of the former president. we've given you a look at the trial through the eyes of our team. we know that you have lots of questions over what you saw over the last several weeks. here is andrew wiseman. >> thank you. back with us now is laura, katie, and lisa. myrna from new jersey asks in a new york city courthouse why were special accommodations made for trump and his allies.
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i know you have been focused on the last part of that. trump is allowed a special area to rant and rave against the judicial system and others and lie blatantly. his son and allies are allowed to keep their phone in court. >> i will give you when i think is the only reasonable argument for and stipulate that it has been abused and wildly so. i think a legitimate reason is his own security. arrangements were made between the court, nypd and secret service. he enters through a separate entrance. there is a street to block off the motorcade. he has his own holding rooms and when he appears for press conferences he comes through darkened glass doors beyond those holding rooms. there are some things that have been abused.
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the district attorney's office has used their side. and trump's case he is using it for a rotating surrogate operation. those surrogates not only have their phones but they are tweeting from the courtroom. we can prove that they are tweeting from the courtroom given their timestamps. they are often doing it to circumvent the gag order which one of them it did on a media outlet last week. there are some's rishel arrangement here. they should have been made and have been rampantly abused by him and his friends. >> including the group of people from congress, the men wearing identical uniforms to be a mini me of the former president. all former presidents are given secret service. donald trump on that is not being treated differently. michelle from the decision of t
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jury final? welcome to be in with a panel of lawyers. this is the kind of question and why lawyers.have a great name which is, it depends. there's one key answer. if there's a conviction that is something that can be appealed if there were legal mistakes that were made, if the jury was instructed improperly on the law, if evidence was kept out that was material improperly. those kinds of things can be appealed and it can take quite some time. there is recourse there. just let me say thank you so much with all of us having been in the courtroom. thank you so much for your perception, insight, personal stories. thank you for spending the last
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hour with us. if you can't get enough trump news and you want to dig even deeper try the msnbc podcast prosecuting donald trump . have a great night. st. jude is hope that you have a chance at life. and it goes such a long way for every child diagnosed with cancer because the research is being shared all over the world. it's awesome. [music playing] ( ♪♪ ) my name is jaxon, and i have spastic cerebral palsy. it's a mouthful. one of the harder things
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