this generation is so dramatic! move with xfinity. easy to use learn more at johns row beauty.com. >> rahel solomon in new york is cnn closed captioning is bronchi by you, cora, help maintain a healthy urinary tract with you? cora, i can having utis for ten years. >> you, cora, we make uti relief products. >> we also make proactive urinary tract health products you core is a life tried today at your core.com good evening, welcome to our special contending primetime coverage of the trump hush money trials, de 13 or saw stormy daniels take the stand. >> it's all fence move for mistrial over some of what she said and then launch into their cross-examination, which is expected to continue on thursday when the trial resumes. but before getting into the nuts and bolts of what transpired today, it's hard not to stop, consider that this is happening at all. a former president of united states running for president again

confronted in court by the porn star whose side islands he's accused of buying and covering up so that he could become president the first time around. tonight will bring you her testimony in great detail to the relationships she says they had the effect prosecutors hope it will have on the case and defense attempts to undermine it, which began early on with the following exchange she had with trump attorney susan nechele, who asked her quote am i correct that you hate president trump, to which daniels replied, yes as for the former president and he did not have a single words to say about stormy daniels at the end of the de, but had plenty to say about the case itself. >> this was a very big day a very revealing a as you see, there cases totally falling apart. >> they have nothing on the books and records and even something that should bear very little relationship to the case. disaster for the idea to the source back to disaster well, just for reference,

george soros is the billionaire who backs liberal causes& as a frequent targeted republicans and the fort, right, according to scena in fact, checker daniel dale, he is not donated to da album brags campaign, but did give money to a political committee which did support bragg. >> want to bring in the panel tonight, new york defense attorney arthur aye dollar bestselling author and former federal prosecutor, jeffrey toobin, my fellow cnn primetime anchors that'd be philip kaitlan collins, and laura coates, kaelyn was in the court's and so we've seen is keras canal, who joined just as well. so let's start off with both of you care. what was it like i thought there were so many different moments because so many different things happen today. >> there was stormy daniels when being questioned by the prosecutors and she was almost gfs gossiping with her friends, telling her story, looking at the jury a lot, engaging. and i saw a number of jurors taking notes, flipping think through their pad of paper, writing down a lot of what was said. >> even though a lot of what she testified has nothing to do with the falsified documents in this case and then there was trump reacting to that. >> he was nudging his attorney repeatedly trying to get them to object. they did. and the

judge agreed with a lot of those objections because they had to do with so medial is kind of going a little beyond the bounds of what the judge had said would be acceptable testimony and then the cross-examination, susan nechele is came in. there are peppering her start. daniel's demeanor changed. as soon with their arms crossed. she just was a lot more defensive in that mode. and we heard stormy daniels tell the story how she met donald trump, how she ended up in his hotel rooms, suite, how she came out of the bathroom and saw him lying on the bed bringing the jury into the room. and that detail, and then also saying both one question by the prosecutors and the defense that she did wanna make money from this that special calling her story. and at least initially looking to sell her story. and then she said she wanted to get it done before the election because essentially she thought that's when she had the most leverage that donald trump wasn't going to pay her after the election. i mean, jeff toobin talking about this just a minute ago. another key thing that happened today that is kind of lost in this is that the prosecution

had showed number of excerpts from trump's books from 20 years ago. this was before stormy daniels came out, before stormy daniels gaetz on the stan and they're reading excerpts that are going exactly at some of these issues in the case where trump is saying you have to challenge every invoice, i sign every one of my checks and that is actually what this case is about i mean, i think the one word that everyone who was in the room can agree as it was incredibly intense i mean, regardless of if you are the defense or the prosecution, just the feeling in that room, it was like the book excerpt for interesting and they are probably really relevant to this case, but everyone knew that stormy daniels was coming because it was one of the first things that the prosecution and the defense addressed with the judge when they gotten the room today, which are the parameters of what she could tell let's define i mean, even before the cross-examination started, it was so intense in that room, listening to her answer those questions, watching trump's reaction as he was paying more close attention than he ever has with really anything before at one point grimacing, he had

this scowl on his face as she was telling certain stories about what he said when she asked about his wife, melania, the only time melania trump was brought up today. >> this is when she said she was in the hotel suite. this is before they had said and she looked she looked at the picture and she said you have a beautiful wife. and he told her not to worry because they didn't sleep in the same room anymore. that was what she testified, but she also testified about a moment where in that same night in 2006 and lake tahoe, where she said she was kind tired of him talking about himself at dinner. they kept interrupting already, was showing her a magazine that had him on the cover of it and she said that the only thing she was interested in was squatting him with it and he kinda like dared or to do it. and she actually did it. she said and kinda acted it out in court at that moment. we saw trump malsin, a word you couldn't exactly tell what it was. but when now when you look at the transcript, there was a really tense moment right after that when they took a break and now when you get the transcript, the judge asked the two sides to approach the bench and he said to trump's team, i understand your client is upset at this point, but he has

cursing audibly and he is shaking his head visually. and that's contentious. it has potential to intimidate the witness and the jury can see that and blackstuff, you would talk to him and the judge said, i'm speaking to you here at the bench because i don't want to embarrass him. blend city would talk to them and the judge said, you need to speak to him. i won't tolerate that one time i noticed when ms daniels was testifying about rolling up the magazine and presumably smacking your client. and after that point, he shook his head and look down. and later, i think he was looking at you, mr. blanch, when we were talking about the apprentice. and at that point, he again uttered able guarantee and looked at you. please talk to him at the break. was juries not in the room, witnesses in the road, but the judge is saying, you need to control your client while she's telling these very salacious details in jeh few recently interviewed stormy daniels. >> were you surprised at the level of detail she wanted? >> yes, i have a phd in stormy daniels study the i was not surprised that she answered the questions, but i was surprised at the prosecution asked them. i didn't think that was necessary, and i think there is some chance that some of what

she said my generate a little sympathy for trump because for all today was fascinating and i'm sure everybody's fascinated as was i most of it's just not relevant to the case. i mean, this is a case about the money that was paid to her and it almost doesn't matter whether they actually had sex. the argument is that trump was so worried about the report of the sex that the underlying truth of it doesn't doesn't really you i understand why the defense move for a mistrial. i think the judge was right. not to granit, but i think some of this stuff was so explicit and so salacious that it was just unnecessary. and i thought the prosecution it could have told this story in the somewhat more truncated way. so as always the risk with calling stormy daniels to the stand i mean, she is a colorful person by her very nature. >> if you look at clips of her on late night and in other

interviews settings and she really took that to another level on the witness stand every normal regular person witness is going to be a little tricky on the witness stand. it seems to me, but stormy daniels is on a whole other level it was i mean, maybe it's nothing ventured, nothing gained. i don't know if maybe doing some kind of hail mary at play here, but it seems like a huge risk to put someone on the stand who is not necessarily the most sympathetic witness. she has a very specific part of the story to tell, but she was asked to tell way more of it than i think even people who don't like donald trump would care to hear and how that will play with the jury is anyone's guess, but it just i'm with jeffrey. it just seemed to me we learned way too much about the silk pajamas and whatnot. >> i'm donald trump today and none of that has to do with what he's ultimately is to add one point here's a point though. >> you have to be, it's difficult needle to thread. you

want to show credibility and a memory. you want to make sure that the audience, the audience, as in the jury, is aware that this person remember specific details they're not giving the broadest of strokes to enjoy that. they say with precision, what happens now of course, the risk that is she has testified not if i were a court, but in other instances, so everything she's saying will be at matched up because everything else she said, but a jury wants to know that you remember this precisely, but the other fascinating thing is, of course, the star of this case is the least sexy thing of all. it's documents. there are 34 of them her place in this case it's to me was out of order. not that you shouldn't have test by she should've but you should have come before the actual document. witnesses came to testify because cranach are logically what you want to build is a story you want to talk about david pecker and the caching kills, then you want to move into the idea of what here is karen mcdougal or storming it, sorry, daniel's on these issues and what actually happened that they're alleging, then you to bring in the keith david's& the talk about the ndas that are happening, then you talk about

all right, now, here is when it gets to the meat of the matter. now, nobody asked my opinion. i would think they should have, but they didn't ask my b on how you actually do it. >> but the chronology is important here. and really, i think it doesn't matter at all whether they believed that they actually had sex what matters is that donald trump believed that she was going to go public with the allegation that michael cohen believed so that there was a structure surrounding her to ensure that they could stop that from happening? that's gonna be the crux of the issue. everything else certainly has colorful, but i don't really think the duree is that prudish. i mean, i think anyone clutching their pearls about porn and donald trump and silk pajamas these are adults and grown-ups who know that sex happens. and i think that having the conversation is not going to have them recoil as much as you thought it wasn't. so salacious. and the missionary position and the word condom but i actually painted a picture which may be none of us want to know of, but, but they're, they're much more,

much more spacious testimony or the let me ask you because during cross examination, the defense as daniels, about a story where she's she signed in and she signed to a public statement saying she that there was no so sexual encounter with donald trump. she did this with as part of this deal she also talked to me about that. i asked her about it during the 60 minutes interview on the stand today, she testified she was motivated sayyed, the non-disclosure agreement by what she said was fear not money. this is what she told me back in 2018 i think some people watching this are going to doubt that you entered into this negotiation because you feared for your safety, they're going to think that you saw an opportunity. >> i think the fact that i didn't even negotiate, i just quickly said yes to this very strict contract and what most people will agree with me extremely low number is all the proof i need. >> you feel like if you had wanted to go public, you could have gotten paid a lot of money

to go public and it out it out. >> i know for a fact i believe without a shadow of a doubt. >> so you signed and released a statement. it said, i'm not denying this affair because i was paid and hush money. i'm denying it because it never happened that's a lot yes if it was untruthful why did you sign it because they made it sound like i had no choice. you have no one was putting a gun to your head, not physical violence. now you thought that there would be some sort of legal repercussion if you didn't sign back as a matter of fact, the exact sentence used was they can make your life hell in many different ways. >> so i mean it consistent then and do you believe ultimately it comes down to who the jury believes? >> well if i'm the defense attorney here, susan niclas, fantastic. and the courtroom, in my opinion you may be in this trial for real, like in other words, that's admissible. that statement is admissible. they have the ability to show that and show

to the jury. okay. so when were you lying, you know what you're lying, then you're lying now. look, i agree with everyone has said here so far they had to call her even though the law is material witness. so if she didn't show up, she's not a material witness. the judge could not sign a warrant for her arrest. she does not give any evidence that the prosecutor has to prove beyond a reasonable doubt. she just gives a motive basically for donald trump to want to do this, but they don't have to prove motive but they had to put them forward what i was surprised about was as much as they must have prepared are anderson, they must have prepared her for hours and hours and hours. is how everyone describes her as being a nervous wreck when she first took the stand how playing with our hair and talking so fast and the judge slowing it down. i was surprised about that i was surprised about the lack of objections from the defense. i was kind of shocked that they didn't. >> what seems like prison former president trump was also as well because the cara was

jing is that yeah, which is normal. and then when you talk about him being chastised by the judge, any defense attorney who represents someone of the caliber of president trump, meaning someone who really is with it and knows what's going on, i've had those moments where my client is cursing under his breath and the judge calls me judge mug didn't what he supposed to do. he's supposed to say, listen, i know you guys frustrated. i know he wants to stand up and say, liar. that's not true. happened, but he can't do it if he wants to testify later, but you gotta get them under control and judge merchan did the right thing by spreads, doing a man on the other side of that. >> it wasn't just trump who was being scolded. stormy daniels, in addition to being urged at least four times to slow down because the court reporters couldn't follow her and even in the room, like you would hear her are given answer and you could it didn't always land when she was trying to be funny. >> she was talking too fast because you say she was talking so quickly like when she said that her response to having dinner with trump was f off, it was kinda hard to hear her initially say the first part of

that she kinda jumbled it and then at two points after the judge spoke to the prosecution, he reminded stormy daniels to answer the question she was being asked because they would kind of ask these wide ranging open questions and she would meander and tell a story, but just kinda give the full picture instead of just answering you exactly what happened. >> to look, i'm a very fast talker as you guys know no, i can't tell you how often in court i've had a court reporter say, slow down to make sure because they're the ones trying to transcribe the actual intonations and sounds. it's not like a verbatim transcript, but there are oftentimes when sometimes your witness can be all the more sympathetic because they keep being interrupted and slow down and either all the more self-conscious and can actually nurture your benefit as a strategy in that because that person continuously is being told to stop and slow down. but remember also the judge the judge criticize the defense and said, i was surprised you had not been objecting more and he had unilaterally objected on their behalf because they need to preserve the record if they don't object, they don't have

a chance later on and neck was i think point said, well, i thought because you hadn't been saying anything as was okay. i mean, i don't know what kind of lawyering that is. it suggests i was going to wait for the judge to object before i object, they gotta be on their feet and actually, i'm kind of surprised gentleman that they did not have more speaking objections, at least to try to play to the jury objection. we're going to hear this testimony and good chastised relevance. >> your honor objection. relevance objection. relevance, your honore. >> well, they just have the conversation at the bench about the parameters of her testimony. and so what susan nicholas said was, i thought you said this was okay. and then when i saw you object, i knew that this was grounds and i could object, so she's the vast why she started objecting. >> we're going to take a quick break remember next i'm john berman joins us. he's been going through the newly released but still partial trial transcript for details from this very big de also, what courtroom artists rosenberg, salehi in court today, and she was making the amazing sketches that you see

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doctors preferred better science, better results. how it really happened with jesse l. martin sunday's at night on cnn there is a central irony stormy daniels testimony today had the former president not denied their sexual encounter, much of her more revealing testimony, whether it was

ill-considered by the prosecution, are not simply would not have been called for at all because much of what she testified to in court today, she already said when i spoke to her in 2018460 minutes i excuse myself and i went to the restroom. >> you know, i wasn't there for a little bit and came out and he was sitting on the edge of the bad when i walked out perched and when you saw that, what went through your mind i realize exactly what i'd gotten myself into here. >> we go. and i just felt like maybe it was sort of i had it coming for making a bad decision for going to someone's room alone. and i just heard the voice of my well, you put yourself in a bad situation and bad things happen. so you deserve that and you had sex with him? yes you were 27? >> he was 60. were you physically attracted to him? no. >> not at all. no did you want to have sex with him? no.

>> but i didn't i didn't say no. i'm not a victim. i'm not. >> it was entirely consensual. oh, yes. >> yes again, in the form of person, denies us against former daniel say repeated much of it on the stand sometimes in more vivid detail that the defense calls actually for a miss trial john berman has been looking through today's parcel trial transcript reported reported from court today, he joins us now, so what more did she say? >> what's one thing i want to note this very important for the first time today, we do not yet have the full transcript of the testimony part of the reason might be because stormy daniels was speaking so quickly typically that it's taking them some time to process it because the court reporter is simply have to catch up to everything that was said. >> so what i'm going to read to you now is what are reporters inside the room? they're contemporaneous account of the moment where she discusses the alleged sexual encounter anderson and it's very similar to what she told you and the reason we're doing this. and i think kaitlan can and testify to this because she was in the room is to give people a sense

of just how uncomfortable it probably has sworn in exactly. >> you testified to it. i'm not okay. so story daniel says she walked out of the bathroom as you told you, i felt the blood leave my hands and my feet almost like if you stand up too fast, i thought, oh, my god, what did i miss? three to get here at first, i was just started like a jump scare. i wasn't expecting someone to be there, especially minus a lot of clothing sitting on the bet and boxers and a t-shirt. the intention was pretty clear. somebody stripped down to their underwear and is posing for you. he stood up between me and the door, not in a threatening manner. he didn't come at me. he didn't rush at me, nothing like that at next thing i know, i was on the bid. i had my clothes and shoes off. i removed my brar were in the missionary position. i was staring up at the ceiling and i didn't know how i got there. i was trying to think about anything other than what was happening there. again, that's our account from the reporters who were in the room. we don't have and the first thing we're going to look get when we get the transcript, which could be in the next few minutes, is how

many objections took place during that part there, how many times the defense try to stop that account? >> there were a lot from just memory of being in there, especially at that part right there at the end where she was getting into the real details because that's exactly what they've talked about with the job edge beforehand and the judge said there's no need to get into that kind of detail. this isn't a sexual assault case. it isn't anything like that. >> and so they kind of had set that parameter and then she was stormy daniels, not really the prosecution leading her to that answer. >> she took it in that direction and so they did object at that point. and this is really where i mean, to describe the atmosphere in the courtroom, it was like all the oxygen had been sucked out of it. everyone was just sitting there it was kind of similar to what you said last friday, where when hope pitts was testifying, it was just all you could hear with the keyboard clicks as everyone was typing up this moment and also watching trump with bated breath to kind of see how he was reacting, whether his team was going to object and really now the judge would respond. i think the judge had the last time i was in the court, i

barely noticed the judge. the judge had a real presence today because he had such an involvement in what testimony was allowed and what should be said in the courtroom. >> she has told this story many, many times, including an a book. i mean, she's, she's and what's striking to me is that it's very consistent time time after i don't i would think anderson cooper is going to be a star in that courtroom was different because she doesn't make it down when she spoke to it, anderson, that the blood drained out of her and she blacked out out and she didn't know what was going on. it was much more dramatic here with adults ensures once you won't matter of fact, i came out what i get myself i sufficiently different to marat cross-examination. >> it's but there's going to be something in the book. there'll be at least five, susan as old data marles susan that he just had she mentioned the blacked out thing before jeff. >> i don't think enough that i'm not that i'm aware of. >> but i mean, that's just that's not is that a big deal? i think so. i can say i almost

blacked out she didn't say it years ago when anderson interviewed, but now years later she remembers, oh, yeah, i almost blacked out. and to clarify i was for this that we'll i mean, i know there's a real issue for the defense is any intimation that this was non consensual. >> that's why they were have been on their feet and should have been on their feet objecting because everything about this is probative. versus prejudicial. >> they don't want to have prior bad acts even brought in if he were to take the stand because you don't want the jury to be looking at things that are down there pervert a liar though is show her that she is a liar. i hear you on that, but they're stronger argument perhaps on appeal is going to be excuse me. >> you're going to have somebody on a falsified documents case suggest that there is something that is non consensual, almost the point where the person is not saying they had been assaulted, they are saying clue, they have not. but the insinuation is out there. they have said repeatedly tied bland was saying, you can't unring this

bell, you can't unring the spell. how am i going to go in front of this jury and have them forget these moments whether it is a matter of the black and everything. she using kinda colloquially in terms of i was trying to focus on something else or it was the idea of something far more nefarious that information as a defense counsel is the last thing you want. >> they could use anderson stapes and so you told and sing cooper it was absolutely consensual. there was right. >> but engage system. >> okay i understand you've been subpoenaed for this trial i'm sure they have that tape in. their arsenal as well. book as well as all or other statements seems like a huge rabbit hole. >> yeah. >> i agree that it was my impression just receiving this information from outside of the courtroom. i don't know what it was like for the jury, but it seemed like a big rabbit hole especially coming off of the day when they were they were supposed to have been getting at the heart of what this case is really about i'm with laura, like i don't understand why stormy daniels came after the

documents. i mean, maybe the idea was to kind of keep people interested in what was going on in the case. but but the distraction factor here, i don't see how that helps the prosecution necessarily when they need the jury to be focused on their ability to prove the elements. >> so certainly overshadowed the earlier testimony in the morning, which was actually quite interesting from the serbs i'm sure that's that's it. >> yeah. we're there really good research. words back to him saying, yeah, i got every i, i, you know, i know wherever breaking news this just didn't we just got the full transcript. okay. i can give you some of the objections here. we don't have the graphics to go with it but this is the section i just read with the objections in the question was can you briefly describe where you had sex with him? so there was a direct question. she says the next thing i know was on the beds somehow on the opposite side of the bed from where we've been standing. i had my clothes and shoes off. i believe my brar, hover was

still on. we were in the missionary position ms nicholas let's objection. objection there the judge says sustained question without describing the position, do you remember how you got your clothes off answer. no question. is that a memory that has not come back to you? a question mark. >> this is from the defense objection. the judge sustained. question from the prosecutor. you don't at this point remember, is that correct? answer? correct question. did you end up having sex with them on the baer? the answer, yes. and then they begin he begins a question, do you know do you have a recollection of feeling something unusual that you have a memory of objection. sustained. the question is, what if anything, do you remember about anything other fact you had sex on them badge. that's what she says. she was staring at the ceiling. i was trying to think about anything. then there's another objection. sustained. i move to strike the answer is stricken. >> i think because susan niclas is a very good lawyer didn't go she is going to spend more time and. she has already started

spending more time on the issue of money than sex on this idea that this was an extortion attempt rather than an attempt to just however she she described it as i well. that's right. i mean, she's and that i think is a much more profitable route for the defense, than nitpicking about how she described the second name started that was keith davidson when he was testifying the attorney who broke her this agreement, they were saying that he helps extort other celebrities. that's the allegation he pushed back on that obviously and they brought that full circle with her today, basically trying to make that arguments very clear where they're going to go on thursday and that's a much better argument. then you didn't describe the sexy exactly. >> listen, you're going to just try to make her a lawyer. >> lawyer for my and what are you doing? good what do you have john berman. thank you. coming up or switch gears

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captioning is brought to you by you, cora, help maintain a healthy urinary tract with you, cora. having utis for ten years, you cora, we make uti relief product we also make proactive urinary tract health product. >> you core is a lifestyle tried today at you core.com shortly after today's hush morning testimony ended, there was a major legal decision in the form of business classified documents, trial judge aileen cannon indefinitely postponed it. >> the trial was scheduled to start may 20, and now it may not happen until after the election. judge cannon did it. she says to resolve a series of pretrial motions that defenses made leaving the trial now without it, an actual trial date her order also includes a new hearing on what had been thought a longshot bid by the former presence defense. they want records from multiple agencies as well as the white house to argue that those agencies are part of a politically motivated prosecution special counsel's office is called the discovery request. frivolous former federal judge. sure. shine lynn joins us now do what did you think of her ruling i think she

doesn't want to try this case, and i think she doesn't want to try this case before the election. that's a fact she's got eight pending motions. why doesn't she have for why hasn't she decided at least half of these motions they could have decided them by now. >> at least some of them, at least half of them may be more, but she's slow walking the case and it seems so apparent to me that she's doing that. >> look, some of these motions are hard what to do with classified documents and how you handle them. that's hard some are easy. and tried to find out what the justice department is doing behind closed doors. nobody is going to grant that. that's a cillian emotion, saying the jacks mission be appointed, that's a silly motions, frivolous. so some of these she could have disposed of and then she could say i have four left and i can set a trial date for july. but as it turns out, i have eight pending motions. i can possibly try this, maybe july, maybe august, but we all know that means september and it's going to be too late if there are she, called novel and difficult legal questions involved in are there well, giving her all the shadow of the doubt, certainly

there's something novel about how you handle certain things about classified documents when you're a former president although i think it's pretty clear how you're supposed to handle them. >> but also jackson nefise unusual case because he's never been confirmed by congress for any post. and all the other special counsels have. so there's a slight distinction there with respect to jack smith versus the others. but it's not such a hard motion anyway, it's different, but you distinguish it, you move on so i don't find that any of them are that difficult? are they novel? yes, novel does not necessarily equal difficult. >> geoff and somebody good for trump. >> oh, my god. i mean, if you look at how she has done this case the only question i have is whether this is in competence or partisanship, or both because i mean, just for example, and the judge can perhaps i don't want to get too deep into the weeds here. >> but one of the motions she initiated was trying to settle the issue of jury instructions this is something you do, right

before the trial begins. why she was messing around with jury instructions when she has this long list of other motions to resolve, just suggest to me she has no idea what she's doing or she's just making stuff there's another theory. it could be ranked in security. she's new on the bench. >> she has not tried a lot of high profile are difficult criminal cases and maybe she just doesn't get it. what makes sense to do of course, jury instructions should not be handled now, so they should be handled before the trial starts. everybody knows three of those options are really really awful. like, for if it's insecurity, if that's true, that's true. can i ask a question? sure. yes. obviously, i appear in your court and in. case of this magnitude, when you have someone with a lack of experience like this, judge has she go to the lunch room or whether it was a young male judge are young female judge and say, can you've been doing this for 25 years. can you give

me some guidance? what do you think? what are your thoughts? >> you know, when someone's insecure there, lisa likely to seek advice. i when i had been doing it for 20 years and i had hard case, i would ask everybody, what do you think? how would you do it? i want the advice of my colleagues that i respect him that were senior or at my level. but when you're brand new, maybe you're two and secure to get the help you need. so i don't know the answer to that. how many clerks do you get? >> like lawyers working for you for the judge? i suspect she has three. you get two, but many judges give up a secretarial position or clerk position to get three. so she probably has three. she has a lot of power to decide these motions one, weird thing about this case is that even though she's in the southern district of florida which includes the miami courtroom, which is enormous lot of judges. she's in fort pierce, essentially by herself which i think contributes to the isolation and perhaps the insecurity. and they just the the absence of lunch partners, to ask

questions to which is yet another reason that's a glaze is where you could actually like call something it's just going to say i was going to say telephones or what do you like? >> i can invent. >> telephones are two centuries zoom is one centrioles, so yes, she could certainly make contact. sorry. >> i mean, i just wonder about jack smith, so there's a lot of discussion at the beginning of this. jack smith and his prosecutors, they checked off a box that made it a lot more likely that she would end up getting this case. they wanted to do this down in florida. >> i don't want to put words in their mouth about why, but was that a miscalculation at the end of the day, they end up with one of the most green judges out there trying one of the most difficult, you could argue cases involving a former president, but it isn't a single judge district, right? >> there was still a chance, very few, very few, but not a single judge district which has been criticized. certainly in the abortion case recently,

just in terms of today's trial the judge with machine was clearly bothered by the level of detail and where were some of stormer daniel's testimony when i'm wondering if you were the judge and how would you have handled it? >> i think much the same way he did. not only did he sustain objection after objection, he made objections. i want to judge. does that you know, there's a real problem going on the material that came in was not relevant to this criminal case at all. and i think it shows that she was trying to get trump actually thought there was a motive there. she said she hates him. she said when she'd like to see him in prison, i think she was purposely throwing out this stuff to make sure the jury, jurors were prejudice, particularly the women jurors, but probably half of the men to really put off, but they may have been put off with her because she was too obvious in her efforts to get at him so what is judge of me but this judge talks about the idea of the cure here is not the miss trial requests. it would be cross-examination. did you buy

that as a way to cure this and couldn't instruction doing anything to undermine if she in fact, was trying to be a type of witness cross-examination is tricky and i'm sure arthur could talk to that. you don't want to bring it up again. you don't want to reopen it and have her repeated all and that's a big risks. and if you ask about some of these things, he's going to go through it all over again. so that leaves us with a limiting instruction. and you can tell the jurors all you want. i don't want you to pay attention to this stuff that would not relevant at all to this case. and the jurors are going to uh-huh. them. they're gonna go into jaroun, take do you believe what happened in that room? she didn't even consent to this thing. they're gonna do what they're gonna do, limiting instructions i think are the one instruction that's rarely really followed by a jury. do you think that trump's attorneys had a point about calling for mistrial today? >> well, there it's not a baseless motion, but he's anxious to granit mistrial as he is to jail him for contempt. he doesn't want to do either. obviously, it's the worst outcome for the judge and the standard is ten. the

defendant's still get a fair trial. that's the new york standard for granting a mistrial. and he's convinced himself that with a limiting instruction and with admonishment, this will pass because people's memories short and when, by the time you've finished six weeks and by the time you sum up all the evidence, it might fade. and so he really made believed that he can still get a fair trial hello. >> and the other point is both both the prosecution and the defense ultimately are going to say a lot of this is just irrelevant once it is. to grant a mistrial over something that is fundamentally not relevant to the core issues in the case, but it seems like a bad about the word prejudicial though it was quite prejudicial going to paint him in that way. par make you think there should be oh, no, granting a miss trial. yeah. >> no, i'm not going that far. i'm saying there are certainly it was prejudicial. it was irrelevant, but prejudicial, it slammed him. it made him a creep hello problems for sorry, yes. yes, i do. i do. i think they've got to make a good record to preserve the issue at

angular going to raise it again at the end of the trial, and then they're going to raise it. >> so when you say miss trial, that's for the record. absolutely. that it gives the raises a red flag or a white flag to the appellate court saying, look, i thought this was so bad at trial. i asked for a mistrial. >> i tried it when i'm on trial, i try get at least one mr. oil a day. >> i'm serious, like five one avenue a day because most of the time we lose so you're on appeal now, my law firm so you are always a judgment tell you, you always get exactly. >> you always guard that record as powerfully as you can in the pot. most powerful thing you do is move for a miss trial but it's one of the most illusory motions. it's almost never granit, no judge wants to start all over again, and certainly not in this case, the end of the cation chief, though, they're going to call a motion to sadie, say to the judge, look, there's not even need for us to go to the jury. there's not even need this defense or raise the case based on what you've seen so far in the presentation of evidence,

would you even entertain that motion from the defense to suggest they have not even come close to meeting their burden? no, i wouldn't. i don't think i'd entertain the motion seriously, but we're talking a little too early. i want to hear the rest of this witness's testimony. i want to hear michael cohen. i want to hear the case before i make a decision that's what judges do. >> shine line. it's always great to have you thank you so much. we're going to be joined by a courtroom sketch artists so renown, she even got an acknowledgment from trump today in court scopus torres was at the absolute peak of his celebrities in olympic heroes, xhaka murder trial, we learned i much darker individual power would really happen with jesse l. >> martin sandi, nine on cnn can you turn them? george can you get that george?

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witnessed a lot in her decades long career. jane rosenberg is with us along with there panel again, i'm so excited you're here and i sat behind you last week and i was just stunned at your artistry and how you bring these images to life so quickly, i'll turn away and two minutes later, turn back and you'd done an entire portrait of donald trump just today. what stood out? >> i mean, are you aware of the tension in the room or do pay attention to the testimony that's being given. i pay attention to i recall every bit of it at the afterwards. no. i have no it's in me, but it's not like at the surface, i'm concentrating on during that's my primary sense, the sort of electricity in the room do here though the typing today was one of those days same as hope hicks today without day, i was there. i couldn't hear it happened again today. we'll soon as a big one. witness that have a good witness in the morning, but they didn't nobody

cared i guess. once came on and became so yeah so you've seen trump obviously a lot. >> he he did he say hello said hello today? >> he doesn't always but he he does know who i am he see me in dc and florida every is a picture. >> it's on television. >> of course he knows who i am. >> i guess was on the cover of new yorker magazine. he saw that i worry about how he thinks she's being portrayed not so much. >> his base. i do worry about because i've gotten some strange emails for people who don't like the way i portray him or family of his, whatever it was fascinating because when i watched you last week you would you draw on him and then just at the end, you took out like a very bright color and did like the bridge of his nose and also there and it was fascinating because it sort of it brought the whole image. >> so life, yeah, that's i work

from the darks to pull out the lights in the end. >> that's how i work. my papers is kind of a darkish, a tan gold. >> i look, you have on an entire array of a pastels around. you'd like you set up which is incredibly best part of my job. i was looking for like, what colors you use for trump and there wasn't like, i i'm not saying there's anything that would be orange. yeah. i thought it would be like you're always because you have like a black section, you had a no i had a little orange section, but he's not really fully aren't my paper is kind of orange. yes, your papers dark? >> like what his skin tone is. i'm sure have you ever gotten like call to the kopan by a judge after a trial? >> me like, come on, ms rosen, were you going to done a better job at me? have you ever gotten in trouble now? >> da i mean, you always draw me as a big just write i'm like ball with eyes real basis round about, way at j. >> leeches objecting to leaving

question. >> also have these glasses that are like special forces officers that you click down and they're binoculars, but vision as well, or just oculus, nothing. okay. there's a prescription land on them, so i can i wear glasses so i can use that? >> are you looking at trump's face directly or you're looking to face in the monitor? >> if i could see him directly, i'm going to draw it, but there's all those court officers and court officer and the way i have to check that monitor. thank god for that. >> what do you think about cameras come on, you can ask me back hi i thought, but i just wanted to check in and choose which emotion to capture all the things to it. maybe you've got some commentary from the base, et cetera. how do you choose what emotion you're capturing in your drawing of say, trump, or even a witness whatever emotion they're exhibiting like today during cross-examination, stormy was like, really attitudinal. she was like turning away and look

very add to know, that's what i have to capture. okay whatever i'm seeing wouldn't give you started a sketch of her, say the beginning of her testimony, and then all of a sudden morphs into this attitude. >> what do you good. thank goodness, i had finished my last sketch and i was ready for this new one because that happens a lot suddenly, something changes and i have to but i saw on a new piece of paper and i saw you last week, you had somebody in the background one minute and then obviously you just wipe them away. i do that. >> i that happened. it's that easy it's a decision at hand. you right now. of course it was for the record, they were many at least four of james has already see my in my out between my house, my dad's house, and buy golf as she's brynn, has there been a moment in a court not this case, but just in general at some point in where it was so dramatic or so moving that you stop. >> i'm that it really got to you not in this case, but yes, i've i've cried i can

remember susan smith trial was a woman who drowned her to her two children, little kids. i had a child the same age. i was traveling out of town and north or south carolina away from my little kid and it was hard for me and i i heard the testimony of what a child what happens to them when they drown. >> and they were screaming, mommy, mommy. she just let them strapped in their car seat in the back of the car and rhoad the car in the lake. it was really heartbreaking for me. there are other things i've i've seen. i walked i did george floyd. i had to watch him di over and over. >> these things are hard a lot of murder trials are very upsetting and i didn't electrocution once that was pretty bad well, i really just sitting behind you. >> i i i left really with just an all of the work you do and thank you. and i think it's so important and i thank you so much for coming. thank you. really lovely thank you.

>> also, lord coates. thank you. we'll see you at 10:00. thani anchoring for the next two hours after that, the rest are back in the next hour with much more on this blockbuster de the trial more insight in the testimony from storage from stormy daniels next welcome to the world of spycraft garage glued to. >> the action. >> let's get down. let's get funky what are you concealing you a communist sympathizer supervisor streaming exclusively on macs when we say it'll be on time, they expect it to be on time. >> it turns shipping to your advantage. >> it does expectation it's worth reliable ground shipping thanks, brandon.

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a small raise join me at trying.com i'm kevin lip ttac at the white house. >> and this is cnn just about 9:00 p.m. here in york de 13. and the trump hush money