wisenberg.ormer independent counsel. your thinking, saul, about jury instructions. let's start with you and the broad brush. >> my first question is, will the jury instructions go back with the jury to the jury room? in federal practice, it is up to the judge and typically he or she sends it back. my understanding is that in new york state practice, it typically does not go back. i would think in a case like this both sides would want the jury charge to go back with the jury. i think particularly trump's team given the fact that the prosecution still has to prove that trump intended to commit or cover up another unlawful act. it strikes me that the government, from what i've seen, the state has not been able to come close to proving that. that other act being a violation of the federal election code, that he intended to. i'm aware of no evidence that cohen spoke to him about that code. >> bill: it was almost like they inferred, right? that's what the state was arguing. the lawyers for the state