there's going to be a motion to dismi dismiss, as we heard from benjamin brafman. filed, and will challenge whether the d.a.'s office in manhattan has filed enough to be able to get it past that motion stage. if they are successful as if the prosecutorsen successful defeating the motion to dismiss we'll seediscovery ensue. i don't think harvey weinstein would testify in his own trial let alone in front of the grand jury, but perhaps he will. >> motion to dismiss. how high a bar? >> whether or not the prosecutors at this stage have actually alleged the elements of the cause of action for each of the counts, or each of the three counts in the case. it's actually not that high of a bar. remember, this is also criminal court. not civil court. in any proceeding, at any stage, in criminal court it's actually a decent challenge for the prosecution to be able to overcome whatever arguments are made. we heard benjamin brafman say there are constitutional infirmities, problems legally with the indictment and so we're going to see what those are and that will just be for the

has obviously a defense lawyer will go after the credibility of those bringing about the charges brafman is argument was bad behavior isn't necessarily criminal behavior yes all the weinstein may have been that is the implication may have been abusing his power as a hollywood studio mogul but he didn't invent the hollywood costing couch model that is that this was a consensual acts of sex because the women wanted to further their career everyone knew what they were getting involved in that appeared to be the sort of argument that brafman was making he also made another interesting observation that he wasn't sure where they were he could get a fair a fair trial a jury that wasn't tainted by the movement the movement being the meat to movement of the sprung up internationally and fighting against the abuse of power of powerful man against men and women for that matter so the suggestion is that there's a lynch mob mentality right now weinstein is the symbol of this now and he's being unfairly targeted at these seem to be the two planks of the defense that we had from brafman this morning sh

we are expecting to hear from that attorney benjamin brafman in just a moment. you're looking at these live pictures. our brynn gingras is outside of the courthouse. this is the culmination of the bravery of the women that came forward to speak about all that they endured at the hands of harvey weinstein and, of course, the reporters, jodie canter and the new york times team that broke this story. do we have our brynn gingras with us as we wait for this? we're waiting to hear from the attorney, benjamin brafman, who will address us. brynn? okay, as soon as we get that, we'll bring it to you. you'll hear from his attorney. also, we have a lot of breaking news this morning. the president talking about that canceled summit with north korea. could it be back on? just moments ago the president said to reporters his team is talking to north korean leaders right now and that he still is holding open the door that this meeting that he just canceled 24 hours ago could be back on. listen to the president. >> we're going to see what happens. we're talking to them now. it w

>> well, true, richard, of the possible defense of richard brafman of harvey weinstein.ew years ago when the lawyer gets up to tell the jury, ladies and gentlemen of the jury, my compliant is a flandering and lying but you cannot convict him of murder. so that is what he is going to say, you may not like the idea that he turned in sex in hollywood, and i expect that is what the convictions are going to be now. >> and so you are writing for him now. well, we have not seen harvey weinstein in some time, the perp walk, and what did you take away of what you saw him in that, and he may or may not take the stand. >> and there is a look of emotions there on harvey weinstein and the smirk when he got out of the car dressed so nicely and carrying the books, but when he was led out with the handcuffs with a female detective behind him, he was not that happy, and it took three sets of handcuffs to be linked together, because he is a big guy to get him handcuffed, but the reality is that the guy is on a gps monitoring bracelet, and he had a $10 million bond and had to the put up a

weinstein vigorously denies that >> reporter: brafman says weinstein has deposited a million cash for bail. he's being fitted with an will be trong device and he's waived extradition where other jurisdictions are still investigating him. brafman says they will decide yesterday -- who by the way "new york times" a grand jury is looking into the initial financial payments allegedly made to other women who accused him in the past. weinstein is due back in court by july 30th one more point in new york state, a felony count of rape carries a maximum penalty of 25 years in prison. guys >> contessa, thank you stay with us we're going to bring in julia boorstin from l.a. with more this has been an incredibly swift fall for one of the biggest moguls in hollywood. >> reporter: it's been really remarkable to see what has happened not just for harvey weinstein, about you for all of hollywood since october, which is when the first expose was written by the "new york times" detailing they allegations since then over 80 women have made accusations against harvey weinstein. so over the past eight mon

and the sufficiency of the complaint is what ben brafman is going to attack right now.y rushed it and did it like this. they still have a sitting grand jury. avery is right, there will be more charges brought. this grand jury will indict more charges against harvey weinstein. that's a federal grand jury, there's an investigation in the uk against him, there's a california criminal investigation against him. >> that's right. >> this could be the tip of the iceberg. but the biggest issue here, one of the biggest issues for the defense, fred, is will they be able to get an impartial jury in this "me too" environment. >> and ben brafman made reference to that, ben brafman did, about the movement, it will be difficult to seat a jury that wasn't impacted by this movement. >> he's the creator of the movement. >> that's right. >> if the jury can sift through the facts and apply the law as instructed, i think the defense has a real shot here on the issue of consent. if they come in, preconceived, "me too," these guys are animals, he will get convicted as bill cosby did, in that

those making accusations against an alleged rapist that the that the suggestion seems to be from brafman that bad behavior he said is necessarily criminal behavior but weinstein didn't invent the hollywood costing count so that would suggest the argument will be these women knew what they were doing they were trying to further their career by having consensual sex with harvey weinstein the benjamin brafman also sort of other interesting thing he said he talked about the difficulty perhaps of getting a fair jury because of the movements the movement being the me to movement that has been inspired around the world by the allegations against the weinstein which is fighting against powerful men abusing abusing women but the suggestion i guess from the lawyer that is that his argument going to be that there is this sort of lynch mob mentality now that makes it very difficult to get a fair trial the weinstein because of his position will be will be unfairly targeted perhaps she had thanks very much for the shepherd chance reporting. now the russian president has dismissed accusations that russ

lawyer brafman suggested when it comes to the two women giving evidence in court he says that if it gets that far a jury isn't going to believe them ok james james ronnell in new york many thanks for that. good and thank you from new york to washington now where u.s. president donald trump has hinted talks with north korean leader kim jong could still go ahead next month as planned despite calling off the summit and yesterday it's like his curveball in washington's foreign policy and follows high profile efforts by north korea to curry favor with the white house. north korea's exploded tunnel entrances at a nuclear testing site as a goodwill gesture to advance the summit with the u.s. president. but it seems not to have been enough for donald trump and he apparently called off the june meeting with kim jong un. the power that could be seen as a defeat and leave diplomacy in a chaotic state. for me i think all parties hope the problem can still be resolved through dialogue. south korean government remains committed to continuing talks. and i question. at this point trunk's refusal to meet

discredit the allegation they say that weinstein is going to plead not guilty and one thing lawyer brafman suggested when it comes to the two women giving evidence in court he says that if it gets that far a jury isn't going to believe them ok james james ronald in new york many thanks for that. meanwhile another hollywood giant in facing accusations of misconduct actor morgan freeman issuing an apology today after reports of multiple allegations of sexual harassment us media reports of eight women coming forward and saying that freeman subjected them to a range of troubling behavior on film sets or promotional to those allegations include the hollywood actor making comments about their bodies or touching them suggestively in a statement the star apologize to anyone who felt quote uncomfortable disrespect and. moving on now to diplomacy is most complicated floatation of the moment first they set up a big date then they got cold feet now the leaders of the u.s. and all of north korea could be getting it back on again donald trump saying a meeting with kim jong un could still happen on june

from what we heard from weinstein's attorney yesterday, benjamin brafman, what is to come? was a bit of a stumble. because he's essentially taking the position that there is a culture in hollywood of casting couch, and if there is, harvey weinstein didn't start it. but that statement comes with a very huge inference you can make afterward, which is harvey weinstein didn't start it but maybe he participated in it. that kind of idea that this is just what people did in hollywood won't play well with a jury of regular folks here in manhattan. so that is a bit of a gambit. maybe it will play out. maybe it's something he said extemporaneo extemporaneously during an interview and has nothing to do with the defense and i'm going to give him the benefit of the doubt. if he takes that position that this was just the way hollywood was and harvey was a part of it, that would be a risky gamble as a defense strategy. >> drawing the distinction between bad behavior and illegal behavior. how difficult is it going to be to get a jury in place for this? >> in any case like this -- we live i

we even heard ben brafman say he's been in talks with the sdny.and jury convened right now. they could bring charges as well. this is just the beginning for mr. weinstein and this legal road. >> it sure is. brynn, thank you so much. i appreciate it. >>> coming up for us, is president trump a dealmaker or the ultimate deal breaker? the president's negotiating style comes under fire from both sides of the aisle in the wake of the failed north korean summit, alive, dead, mostly dead, slightly alive. that's next. >>> in the spring of '68, the most violent period of the entire war. >> i've seen the promised land. i want you to know tonight that we as a people will get to the promised land. >> martin luther king was shot and killed tonight. >> my parents generation, king was the dream. and then he's gone. >> i'm announcing today my candidacy for the presidency of the united states. >> oh, my god. senator kennedy has been shot. >> this was really the death -- >> wallace knew how to get a crowd energized. >> i know a lot of words you don't know. >> they'r

benning benjamin brafman and blair burke want to find a way to derail this.rape case, evidence, evidence of witnesses and what have you and had previous cases like the one a few years ago the da's office decided no the to pursue when the nypd had a wire on italian model weinstein was dealing with, you have to be very delicate about this. did harvey weinstein invent the casting couch, of course not. is bad behavior on trial? weinstein's behavior is what's really on trial here, his criminal behavior and no matter how you rye to play that, that is what is going to sit in the courthouse and be decided. >> we'll have you back, thank you so much. good saturday to you. >>> coming up next, a surprise meeting at the north and south korean border this morning. why there's an element of suspense coming from the south korean side. we'll speak with former governor bill richardson who has negotiated with north korea before, coming your way at the top of the hour. it took guts to start my business. but as it grew bigger and bigger, it took a whole lot more. that's why i swi

i asked benjamin brafman a question about what he would say to all those dozens of women who have been accusing harvey weinstein. let's listen. >> what do you say to the dozens of women who say that there is a pattern of behavior, a pattern of misconduct by mr. weinstein against these women? >> well, let me say this without defending behavior. my job is not to defend behavior. my job is to defend something that is criminal behavior. bad behavior, mr. weinstein did not invent the casting couch in hollywood. and to the extent that there is bad behavior in that industry, that is not what this is about. bad behavior is not on trial in this case. it's only if you intentionally committed a criminal act. and mr. weinstein vigorously denies that. >> they say that he did commit a criminal act -- >> i understand that. that's why we're here. >> reporter: one of the things he also said was that he feels very strongly that his client, mr. weinstein, will be exonerated, he said, if they can pull together a group of 12 impartial and fair jurors. craig? >> rehema ellis outside the courthouse in new yo

. >> reporter: weinstein's attorney, benjamin brafman, says he'll file a motion to dismiss charges against his client, saying there's not enough evidence. >> mr. weinstein did not invent the casting couch in hollywood. and to the extent there is bad behavior in that industry, that is not what this is about. >> it's absurd. casting couch. that's a nice little euphemism for, the boss is going to rape you. >> reporter: mcgowan says weinstein raped her 21 years ago. earlier this year, she sat down with our own juju chang, sharing her story. >> what was your impressn when you first met? >> i thought he was a wart hog from hell. i thought he was terrifying looking. >> reporter: mcgowan says the assault happened during a business meeting in his hotel suite. the then 23-year-old said the initial meeting went well but as she was leaving she says weinstein pushed her into the bathroom, took her clothes off, and forced oral sex in her. she shaved detail details in her biography "brave." >> do actived from my body, watching myself from the ceiling, on the edge of a tub against the wall, held in place

discredit the allegation they say that weinstein is going to plead not guilty and one thing lawyer brafman suggested when it comes to the two women giving evidence in court he says that if it gets that far a jury isn't going to believe them ok james james ronald in new york many thanks for that well meanwhile another hollywood john tis facing accusations of misconduct actor morgan freeman issuing an apology today after reports of multiple allegations of sexual harassment u.s. media caring reports of a twin coming forward and saying freeman and subjected them to a range of troubling behavior on film sets and promotional to those allegations include the hollywood actor making comments about their bodies or touching them suggestively in a statement the star apologize to anyone who felt quote uncomfortable disrespected . u.s. president donald trump has hinted the talks with north korean leader kim jong un could still go ahead next month as planned that's despite trying calling off that summit just yesterday this is the latest curveball in washington's foreign policy and follows high profile ef

reporter: now as brafman was speaking out in front of the courthouse mr. weinstein was led out a back exit. he has been asked by prosecutors to surrender his passport. wear a gps device. he can only travel to the states of new york and connecticut before due back in court. i said something else, earlier today, we zahar very weinstein well-known movie executive years or years. led out in handcuffs by the new york city detectives escorting him to suv. he will be due back in court in the summer. jewel 30th, these are very serious charges wayne steen faces. two women, a woman from 2004, a woman alleges that weinstein forced her to perform oral sex on him. the second from 2013. a woman that alleges that he raped her. neil, back to you. neil: connell, thank you very much. connell mcshane. a quick peek at the corner of wall and broad. the dow is down 80 points. tumbling energy prices not helping today. might help you at the gas pump. there could be a deplay. given disproportionate energy-related issues and the dow and elsewhere having the opposite effect for inve

know a grand jury is going to and also and they're continuing to interview people his attorney ben brafman said earlier today that he will decide by next wednesday whether or not weinstein himself would address the grand jury. it's it's it's really up in the air you know they can dispose of the answer a quickly or. something that. and of course there are a lot of people who have been waiting for this day a lot of his accusers we know that there are dozens of them word of the charges against weinstein leave not only him but also more broadly speaking the meat to movements because you know when his accusers came out this really lit a fire under this movement globally speaking. now absolutely i think it's a very powerful image for not only his accusers and accusers of other high profile men but just you know survivors of sex is on everywhere to see someone so powerful and central plank why is listening and being out i mean just just last month we opened. but i think a lot of people especially after that district and the investigation into it and seems wasn't that keen after he was not charged

and we know a grand jury is going to and they're continuing to interview people his attorney ben brafman said earlier today that he will decide by next wednesday whether or not weinstein himself would address the grand jury. it's it's it's really up in the air you know they could dispose of the answer a quickly or. something much. worse and of course there are a lot of people who have been waiting for this day a lot of his accusers we know that there are dozens of them word of the charges against weinstein leave not only him but also more broadly speaking to me to movements because you know when his accusers came out this really lit a fire under this movement globally speaking. no absolutely i think it's a very powerful image for not only his accusers and accusers of other high profile men but just you know survivors of sex assault everywhere to see someone so powerful and central plank position in and out i mean just just last month. but i think a lot of people especially after this or any investigation into and seen in two thousand and sixteen after he was not charged there is one of l

from they are taking to have criminal where they already agreed to his attorney benjamin brafman has a way to deal with accused of attorney's office part of a bail package where one put up one million dollars in cash and a monitoring device also printer his passport and of course. that was hollywood reporter kitchen matthew speaking about harvey weinstein expected arrest now another hollywood giant is also facing accusations today actor morgan freeman has issued an apology after reports of multiple sexual harassment allegations according to us media reports eight women have come forward saying freeman had subjected them to a range of troubling behavior on film sets or promotional tours the allegations include the hollywood actor making comments about their bodies or touching them suggestively in a statement the shah shank redemption star apologize to anyone who felt uncomfortable or disrespected. to some other news now and north korea says it is still willing to talk with the united states quote at any time this after u.s. president donald trump abruptly canceled a highly anticipated

weinstein's attorney, ben brafman: >> people get convicted only when there is credible evidence beyond a reasonable doubt. and in this case, i do not believe that the district attorney has that. >> reporter: if convicted, weinstein could face up to 25 years in prison. he's expected back in court at the end of july. under conditions of his bail, weinstein has been told to only travel within new york state and connecticut. reena. >> ninan: it will be interesting to see what happens in those other cities. >> reporter: yes. >> ninan: thank you. well, in ireland it's being called a quiet revolution and a victory for women. the once conservative nation voted "yes" to repeal a constitutional ban on abortion. jonathan vigliotti reports. ( cheers and applause ) >> reporter: the landslide vote to legalize abortion shows an overwhelming desire for change in a country once so closely entwined with catholic tradition. prime minister leo varadkar addressed the nation this morning. >> i think what we've seen today is the culmination of a quiet revolution that's been taking place in ireland for the pa

. >> reporter: weinstein's attorney, ben brafman: >> my job is not to defend behavior.job is to defend something that is criminal behavior. people get convicted only when there is credible evidence beyond a reasonable doubt, and in this case i do not believe that the district attorney has that. >> glor: jericka, you mentioned were there this morning. you're here tonight. he has now posted bail. so what does that mean for harvey weinstein moving forward? >> reporter: well, right now, he has to wear a g.p.s. device so the courts can keep track of his every move. he surrendered his passport, and the judge said he is not allowed to travel outside of new york or connecticut without the court's permission. his next court appearance, jeff, will be at the end of july. >> glor: we'll be watching. jericka, thank you. one day after president trump called off his summit with kim jong-un, north korea said it was willing to give the u.s. "time and opportunities to reconsider talks." so, could the nuclear summit be back on? here's what the president told reporters today: >> we'll see

benjamin brafman/ attorney for harvey weinstein: mr. weinstein did not invent the casting couch in hollywood and to the extent that there is bad behavior in that industry that is not what this is about. bad behavior is not on trial in this case. it's only if you intentionally committed a criminal act and mr. weinstein vigorously denies that. that. the charges stem from the accounts of two women... more charges could be coming - since a grand jury continues to hear testimony from at least four other women. weinstein is now out of jail, after posting a one-million dollar cash bail. he had to surrender his passport and has to wear a monitoring device. (anchor) taking a live look outside-- san francisco's embarcadero. (anchor) time now to check on our weather... with chief meteorologist lawrence karnow. lawrence karnow: low pressure brought a few scattered showers to the bay area today and cool temperatures. you can see a few scattered showers on the doppler radar with the heaviest rain in far northern california. on the satellite you can s

ben brafman/attorney"mr. weinstein's state of mind is serious. and you can only imagine what your state of mind would be if you'd been accused of a very serious crime which you maintain you did not commit." (grant)more than 80 women, including actresses gwyneth paltrow and angelina jolie, have come forward alleging weinstein sexually harassed or assaulted them. (pam) another big story: next tuesday is primary election day ... and voters in the south bay will decide whether to recall superior court judge aaron persky. his status is up in the air because of reaction to his handling of a high profile sexual assault case. kron four's rob fladeboe brings us up to date on what happened today .. judge aaron persky "...this is a devisive issue judge aaron persky himself was the keynote speaker at a rally opposing his recall from the bench. persky had a message for voters.judge aaron persky/facing recall election "...when you step into a courtroom yo will expect and demand a judge who will follow the rule of law and not public opinion...."judge persky ins

speaking outside the courtroom — his lawyer benjamin brafman said he would plead not guilty and fullyhe engaged in nonconsensual sexual activity. many of these allegations are long and overdue, having referenced events that were alleged to occur many years ago. they were not reported at the time. i anticipate that the woman who made these allegations, when subjected to cross—examination, in the event that we even get that far, that the charges will not be believed by 12 people, of assuming we get health ca re people, of assuming we get health care people who are not consumed by the movement that seems —— 12 care people —— fair people who are not consumed by the movement that he had taken over consumed by the movement that he had ta ken over by consumed by the movement that he had taken over by the movement. mr weinstein did not invent the casting couch in hollywood and to the extent that there is bad behaviour in that industry, that is not what this is about. bad behaviour is not on trial in this case. it is only a few intentionally committed a criminal act, and mr weinstein vigorousl

brafman/attorney for harvey weinstein says: "my job is not to defend behavior. my job is to defend something that is criminal behavior. bad behavior, mr. weinstein did not invent the casting couch in hollywood and to the extent that there is bad behavior in that industry, that is not what this is about.">(ken) harvey weinstein is out of jail today after posting a one-million dollar cash bail. he was ordered to surrender his passport and has to wear a monitor device. sources say more charges are expected and the jury is scheduled to hear testimonies from four more women. visa is suspending its marketing campaign with morgan freeman. that decision comes because at least eight women now claim the legendary actor .. harassed or was inappropriate with them. another eight said, they witnessed his alleged conduct. freeman issued a statement after the allegations surfaced, saying he is quote--"not someone who would intentionally offend or knowingly make anyone feel uneasy. i apologize to anyone who felt uncomfortable or disrespected... that was never my intent." new ahe