Skip to main content

tv   Jose Diaz- Balart Reports  MSNBC  May 7, 2024 8:00am-9:00am PDT

8:00 am
her contact. the attorney asked, why did you put trump there? i didn't know keith's name. do you still have keith's number in your phone today? yes. we were going to dinner with everybody at the company, and i didn't want to be around and -- and what better excuse do you have than this, than to have dinner with donald trump. i said, really? he said, it's a great story. your reaction to this testimony and why is it so important that keith trump contact was saved into her phone? >> again, another piece of foundational building block for credibility. it's not the stormy daniels' story, and she's not going to save the day, and nor is michael
8:01 am
cohen, you have pecker and the banker to get to the end game. otherwise, you have -- you are lacking all the pieces of evidence you want to corroborate and get to the proof beyond a reasonable doubt. >> does it build her credibility? >> you can always put in a fake name, right? you can always give something else. but why would she have it there? it corroborates the story. it's all about corroboration. it's not a home run from every witness. a witness can be a single, and just get her on base and that's what she's doing. thank you so much. everybody else, stand by. josé? >> if you are joining us now, it's 8:00 a.m. pacific sz, 11:00 a.m. eastern. let's talk a little bit
8:02 am
about what is the line of questioning by the prosecution at this moment with stormy daniels. she's, indeed, setting the scene and stage to that first meeting with donald trump at the golf trump, at the celebrity golf tournament. then having a picture taken with him. then she says the bodyguard, and we were just hearing him referred to as keith trump, messaged and arranged -- according to daniels, arranged for me to go across town to meet trump for dinner. she met trump at the golf tournament and had a picture taken with him and then the bodyguard arranged for a dinner with trump. did you indicate to your friend, hoffenger is asking her, you were going to have dinner with
8:03 am
trump? yes. i arrived and went upstairs and took the elevator to the top floor and that's where i met keith at the door, and it was cracked open and keith was standing there, and he said, nice to meet you, so i walked in. she's asked, what were your expectations going into this? and daniels' response is i didn't have expectations of what would or what would not happen other than he said come up here and we will go downstairs to one of the nice hotel restaurants. now she's being asked by the prosecution, could you describe the first room you entered? it's very specific, kind of video frame by video frame of what she saw and experienced when she entered the room where she believes she was going to be, then, going downstairs to
8:04 am
have dinner with trump. what is -- i'm just wondering, david and katie, so the prosecution has to in some moment prove, or at least allege, that something only two people actually did happened, because having your picture taken with a celebrity, going to a golf tournament where you see a celebrity, and maybe even having dinner with a celebrity, that is provable. but how do you tie in the other part? >> well, it's good to see david, by the way. he's spectacular. so happy to see him here. here's the thing, before we get to that point, what do we know? we know now that trump is
8:05 am
seeking out stormy daniels to dine with her. what was her reaction? expletive, no. then she's told by her publicist, this could be a funny story, right? that's why she's doing it. >> the devil is in the details, right? >> always. >> they want to bring out the details to show she has credibility by asking specifics, and she's able to answer them and show this happened. >> speaking of specifics, and she's asked to describe, if you would, when and how you first encountered mr. trump inside that hotel suite. daniels said, i said hello, and he wanted to go into the living room, and he was wearing silk or satin pajamas. >> sorry. sorry. i had to laugh. sorry. >> this is just getting started.
8:06 am
she said, it was silk or satin pajamas, and i made fun of him and said, does hugh hefner know you stole his pajamas. and i told him to go and change. he did. people often think the kind of hotels we are used to being in, this hotel room was three times the size of my apartment. again, the importance of details. >> right. you know, katie, we know this from long ago when you were a prosecutor and i was a public defender, that the idea is you want to demonize the defendant, and this is all trying to look him bad. it's not going to the elements of the crime, and the jury will
8:07 am
see all these things she's saying, and you laughed out loud when you heard about the pajamas. >> she tells him to go and change. clearly what is happening here, you don't have to be a genius to figure this out. he's in satin pajamas, and she thinks she's coming for dinner. and it is why would trump be embarrassed about this information getting out? maybe just the silk pajamas is what he doesn't want to get out, and he didn't want it to hurt his campaign. >> ana? >> thank you, josé. as we look back to inside the courtroom right now, daniels is interacting with the jury in some way with her testimony, trying to relate to them in a sort of way, when she said we're used to being in, and she was
8:08 am
talking to the jury, and the jurors are taking notes as she's testifying. looking at stormy, they seem very focused. daniels is describing this hotel room to those jurors. she's asked, when he came back in a dress shirt, where did you go? >> dining room table. we both sat down. he was sitting across with me with his back against the wall and the living room bar was behind me. she said it was not dark just yet. he wanted to talk first before we went down for dinner since it was early. daniels, i took a seat and we started talking. she was asked what were some of the things you discussed? daniels getting to know you, where are you from? i told him where i was from, where i grew you up. just small talk is what she's
8:09 am
describing. it's very, very interesting, katharine, just how detailed her memory appears about that day. this, again, almost 20 years ago now. >> it's the prosecution showing how credible she is. part of it -- i also laughed out loud about the pajamas, and it's showing why donald trump would be humiliated if this came out after the "access hollywood" tape if the electorate knew it. and she remembers what happened. you can trust her. again, it has nothing to do whether or not business records were falsified, but in a way it does because why were they falsified? in order to keep this concealed from the public. >> does it matter that she was not connected to that part of the alleged crime? >> you mean the trump
8:10 am
reimbursement to michael cohen? >> right. >> not at all. not one iota. there's no one witness that you will get what you want, and daniels only knows what she knows, which is that her story went up in value, and i suspect we will be hearing that shortly, that the value of her story as she perceived it increased dramatically around the time of the election. that's going to be point one. point two is just confirming what her attorney, keith davidson said, and the banker and everybody else that addressed it from different angles, but firming up that there was a payment from michael cohen to stormy daniels at one point or another. i don't think the defense will try and dispute that. you can consider that established. it would be unwise to get up in closing and saying there's reasonable doubt as to whether
8:11 am
or not stormy daniels got paid. that's why i thought he was not a valuable witness as to that transaction, but she may be more valuable about how she was able to negotiate a payment as the election approached. that may be her true value to the prosecution, more so than a transaction, which, in my view, has already been established and probably beyond a reasonable doubt. >> stormy daniels on the stand. the prosecution asking, he asked you about your work. daniels says he was interested in how i went from being a porn star to writing and directing, and i told him we have real scripts, and i explained the difference different scripts. she describes what questions trump asked her about the adult
8:12 am
film industry. he asked about how and whether she gets residuals. how are you paid? residuals. he asked about stds, and do you have a doctor or a union? are you worried about catching something? did trump ever ask if you were trusted? yes. i volunteered that info. i said we get tested all the time. he asked if i ever tested positive for something? i said i can show you my entire record, and daniels says i never had a bad test. i never tested positive for anything. did you talk to him at all about pro wrestling? daniels, yes, a little bit. she said i chose to work for wicked pictures, because there's
8:13 am
a condom requirement, even husband and wife have to use condoms while filming. talking about this discussion that stormy daniels and donald trump had inside this hotel room in 2006 after meeting him at this golf course, this tournament, where he proceeded to invite him to dinner through his bodyguard, and she joined him in his hotel room. she described what she was wearing. the silk pajamas, and he changed into a dress shirt and they had a detailed conversation about the type of work she does all the way down to whether she has been tested for stds and the use of condoms. this leading up, clearly, to where we think it's going, right, about the sexual
8:14 am
encounter that is about to occur. they are talking about the scripts right now related to her work. scripts? yes. she's talking about the plots, and also talking about wwe and wwf and how that relates to the work she does and the scripts they use for that business as well. we are looking at this picture of stormy daniels and donald trump. this is a picture the jurors have seen that has been admitted into evidence before the jurors in the trial to show this is them on that day at that golf tournament. if you are the defense attorney, what are the key questions you would have for stormy daniels when it's your turn? >> well, there's an important read picked up by now, which is stormy daniels appears nervous. that's good for the defense.
8:15 am
if she is, as it appears, is intimidated by the courtroom, which is understandable, the defense is thinking maybe we can push the limit with our carefully scripted questions. this is a time for nothing but leading questions. you can't make a mistake here on cross-examination and ask her anything that will open the door to anything that is anything more embarrassing. at the end of the testimony, it's hard to imagine what else remaining that won't be embarrassing that she has not already told us about donald trump. >> when you say leading questions, what does that look like? >> commonly a leading question is something where the answer is suggested in the question. what is happening is the attorney is testifying. they are saying something like, you know, you don't remember what the color of the wall is, do you? i just testified. i am asking the witness to rubber stamp that, yes or no.
8:16 am
you need to be careful with the leading questions and don't give her an opening to add to the answer. it doesn't go to any of the elements they have to prove, but it's incredibly damaging. he's wearing jam jams when he answers, whatever, a hugh hefner outfit when he answers the door and he's asking about stds, and somebody on the jury is going, ugh, is that what you ask somebody before going to dinner? >> and donald trump denied this sexual encounter ever occurred. this -- >> it shows he's a liar. >> yeah, and whose story will they believe? josé? >> joining us now, a law professor at georgetown university and also an msnbc legal analyst.
8:17 am
as we continue to listen to and digest what is being said inside this courtroom in manhattan, now there's the question and answers between the prosecution and stormy daniels about once they established some form of communication in that dining area in the suite, apparently, according to daniels, donald trump started pulling out magazines, and magazines apparently about himself. at this point she says i wanted to eat my dinner. i said, are you always this rude? you don't know how to have a conversation? i had enough of his arrogance and cutting me off. paul, where is for the prosecution the line between having a witness that comes in that has a front row seat to part of the story of the accusations? where do you draw the line from
8:18 am
it becoming relevant testimony to somebody spilling the tea, the gossiping? where is that line drawn? how careful do you have to be as a prosecutor to not cross it? >> you have to be really careful. as a prosecutor, you have the heavy burden of proof so any little mistakes the jury properly holds against you. what we have here is this donald trump's suduction scene. when ana was reading her testimony, i was leaning into my screen, and i have no doubt the jurors are leaning in and listening to every word. i want to take a little bit of
8:19 am
an exception to something my buddy, danny said, about her being nervous. it's good for the prosecution she's a little nervous. this is one of the most high-profile cases in u.s. history, and she's a high-profile witness and not the star witness, but for not donald trump, this case would have never happened. i think the jury will be sympathetic to her. >> daniels is saying we talked about a few more things, the golf course in scotland, which i thought was interesting. there was nothing weird about the conversation. okay. it was at that point that he got really quiet and that i should go on his show, which would be the apprentice, i assume, and
8:20 am
she said "celebrity apprentice", and she said there's no way nbc would let an adult film actress on television. he said, later, you remind me of my daughter, she's smart and blond and the way he phrased it, it would make sense because you could go on the show and prove you are not just a dumb bimbo. again, relevance to this and where does that line go? >> until i hear an objection from the defense, it's relevant. as a former prosecutor, i will keep asking questions until there's an objection and it gets sustained, and there's not. she's showing his character. she has become in an inadvertent way, a character witness how bad donald trump is. how do you tell an adult film
8:21 am
star, you remind me of my daughter. we are all sitting here aghast, and don't you think america, hopefully, would be aghast hearing the same thing? >> a lot of ick factor. she looks like she's a real witness and credible. these kinds of witnesses are dangerous for both sides, right, the prosecution and the defense. you are not sure what will happen. it was a calculated risk by the prosecution to call this witness. we have not seen objections, and the defense must be thinking let her talk, we will get her on cross. they will have to be careful on cross because this witness could bite. she's like a snake. you have to be careful when you do cross. >> one of the questions she's talking about, what questions she was being asked and what else she spoke to donald trump
8:22 am
about with on that night. she said we talked about what i really wanted to do, which was to be taken seriously as a writer and director. nothing against the adult entertainment business. i, and -- this is a quote, i have no shame. that's who i am. the question i would have is, when somebody says i have no shame, it is who i am, and is speaking directly to the jury in many cases, this is somebody who is comfortable with being in public, comfortable speaking, and clearly has had time to be with the prosecution to discuss how and what she's going to say? >> to david's point, she's speaking quickly and appears nervous. there's a humanity to that. this is not a trained witness. this is not a professional witness. she may be comfortable being on a screen, but this just shows that is a job or persona for
8:23 am
her, and now she's saying i want to be taken seriously for the work i'm doing and not the adult film work i'm doing. >> i would try to make this about in closing that they called stormy daniels to distract you from the real case. they are calling stormy daniels to talk about silk pajamas and dinner and the room, and the defense may be letting her talk so they can make the case about what are we doing here? this should be about the law and not morality. we will see how the cross goes. >> ana? >> after daniels talked about wanting to be taken seriously, she said trump started asking her questions about other girls from this film company that she worked with, asking, do you hookup off camera? do you sleep with each other off camera? daniels said she called a friend of hers that happened to be lake tahoe at the same time, she
8:24 am
didn't believe that i was with donald trump, and he asked me to call my friends, and she said i called a friend, alanna. she was asked how long did you talk with mr. trump? close to two hours. it was a long time. a two-hour conversation. they certainly talked a lot about her work. it sounds like at times it was -- i guess you could call it flirting. she goes into part of the conversation related to a magazine and her saying she wanted to spank him with the magazine, and i bring that up because according to our reporter, laura jarrett in the courtroom, watching from inside the courthouse, at that point the jurors couldn't keep a poker face anymore, and they were not making any noises per se, and
8:25 am
does it sound like she's connecting with the jurors? >> sounds like she is. she's an adult film actress, and she's somebody that has appeared in front of a camera, and she's also a director. >> somewhat a storyteller. >> she's coming across credible. i think maybe she also isn't nervous, she just speaks fast. i have had many court reporters shut me down because i speak too fast. that's probably her being natural. a lot of this, and i think katie said this, the defense is not objecting, so it's going to be hard if he's convicted to appeal on this evidence, but it's showing why it was so important for donald trump to make sure she was silenced before the election. that's the whole purpose of this. it's also making him look bad, but it explains why i can't have this come up, particularly if
8:26 am
she says the things he said about her daughter, and that's icky. it explains the importance of keeping her silence. >> a note. the court is in morning recess and stormy daniels stepped off the witness stand. danny, did you sense any red flags or concerns about being there in that hotel room with donald trump? daniels said no, and then they took a break. there's a sidebar that has been called as well. if you were to step back for a moment during this break, digesting what they heard in stormy daniels takeaway, what are the key takeaways? >> the jurors may not ordinarily identify with some, like the celebrities and alleged
8:27 am
mistresses, and now an adult film star, and this is a probability that members of the jury have no familiarity with, and it's alien to them, and the question is how much is stormy daniels connecting? they are being educated on this world, and now they are learning about donald trump and how donald trump allegedly courts people, which is, as others have said, pretty icky so far. and it's just a brilliant way for the prosecution to introduce and run around character evidence and introduce evidence essentially of trump's bad character. he does not come off looking good. i said it a few times now, but it has nothing to do with the underlying transaction itself, but it makes donald trump look ridiculous through the testimony of stormy daniels. you wonder why the defense is not objecting more? that may be the ultimate plan to
8:28 am
say this has nothing to do with the underlying transaction. if you don't object, you lose a lot of your rights on appeal. use it or lose it? >> and it allows all that information to come out for everybody to hear. donald trump has left the courtroom during the break. from reporting inside the courtroom, it does not appear trump and daniels did not make eye contact. if you take a bigger look at what we have heard in her testimony so far today, what are the key takeaways and where do you expect the prosecution to go next after the break? >> well, after the break, they still have not gotten to, and then my lawyer gave me my $130,000, and he probably took his cut from that, and they have not gotten to the payment yet,
8:29 am
and they have not proved beyond a reasonable doubt it's an illegal campaign contribution. >> the crime that he has been charged with is not the illegal campaign -- >> well, they have to prove beyond a reasonable doubt that he intended to commit or conceal another crime, and that other crime is the election fraud that he conspired to promote his election by unlawful means, and what is the unlawful means is the illegal campaign contribution, which it's unclear if that's it what -- if the public knew this, at least the campaign would say, you're dead. "access hollywood," now this, it's over and you will not win. it shows why he did this, paid her off, had michael cohen wire it and give it to the lawyer to give to her. the next steps, i mean, i
8:30 am
hope -- i guess they are going to get to, and then we had sex, and the judge made it clear, that's all you can talk about, we don't need to know the details. it will go on about how she was paid not to do it. >> a lot of story left to come from stormy daniels. again, morning recess under way right now. josé, back to you. let's go to vaughn hillyard, what are your top takeaways from stormy daniels, all taking into consideration if it was silk or satin pajamas? >> reporter: six months out from the 2024 presidential election, you have the presumptive republican nominee inside a courtroom listening to the testimony of an adult film star, which she's saying the
8:31 am
presumptive nominee engaged in an affair four months after his son was born. the details being described in front of the jury are quite explicit. having stormy daniels saying she took a rolled up magazine and spanked donald trump in the butt, and it's graphic and specific. donald trump has denied generally, and she explains about the conversation, and it goes back to the tempra vieded last week to this very jury. ronna graph, who is the 34-year executive assistant to donald trump at the trump organization out of the office, outside of
8:32 am
donald trump's office there, and she already testified to the jury that not only did she have a contact for stormy daniels, stormy's phone number, but also there was office chatter about stormy daniels appearing on the "celebrity apprentice," and that hints at and corroborates stormy daniels's testimony this morning that she had a conversation with donald trump about potentially appearing and what that could look like having an adult film star appearing on the "apprentice." this is not just hearsay somebody close to donald trump corroborating that at least there was a substantive conversation. the jury is hearing from a woman providing details about a man having a blanket denial in return. >> we are going to take a short break and continue with a whole
8:33 am
lot more of donald trump, trial day 13 in new york city. ity. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. (ella) fashion moves fast. for one and done heartburn relief, prilosec otc. setting trends is our business. we need to scale with customer demand... in real time. (jen) so we partner with verizon. their solution for us? a private 5g network. (ella) we now get more control of production, efficiencies, and greater agility. (marquis) with a custom private 5g network. our customers get what they want, when they want it. (jen) now we're even smarter and ready for what's next. (vo) achieve enterprise intelligence. it's your vision, it's your verizon. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire
8:34 am
8:35 am
raising you was no bed of roses. are you getting me anything for mother's day? go to 1-800-flowers.com. oh my gosh! wow! gorgeous! i feel like royalty. thank you. 1-800-flowers.com. happy mother's day. happy mother's day! hi, i'm jason. i've lost 228 pounds on golo. ♪ i don't ever want to go back to wearing a 4xl shirt or not being able to climb up stairs without taking a break. so i'm committed to golo for life. you've got xfinity wifi at home.
8:36 am
take it on the go with xfinity mobile. customers now get exclusive access to wifi speed up to a gig in millions of locations. plus, buy one unlimited line and get one free. that's like getting two unlimited lines for twenty dollars a month each for a year. so, ditch the other guys and switch today. buy one line of unlimited, get one free for a year with xfinity mobile! plus, save even more and get an eligible 5g phone on us! visit xfinitymobile.com today.
8:37 am
we are keeping a very close eye on capitol hill where you can see house minority leader, hakeem jeffries speaking. there's a holocaust remembrance
8:38 am
day event going on right now in the capitol, and we are expecting the president of the united states, president biden, to speak at this event, remembering holocaust victims and the extraordinarily painful and difficult legacy of what that caused. the president is going to be speaking shortly. we will, of course, bring that to you as soon as the president begins to speak. let's go back, however, to new york city where there's a pause in the trial against donald trump. with us, all of our contributors, of course, ana. the question for me would be, katie, what does the defense have to do after the prosecution finishes with stormy daniels telling her story? we have not gotten to the part
8:39 am
where she alleges to have had a sexual encounter with him? >> i reasonably anticipate the only woman on the defense team to get up and do the cross. there's a certain energy you would not want to see if a male lawyer got up to cross examine a female witness about these issues. when susan gets up, and susan is the most skills when it comes to trial and litigation, that's susan necheles. she will narrow it down into specific areas, and she will not get into all this. she will specifically get into stormy's motive for having her lawyer want to shop this story out to be bought. that will help the trump defense that stormy was just looking to get paid for this. it's going to be very difficult for the defense to get into the
8:40 am
he said/she said of this, and it doesn't make sense for susan to get into the weeds it never happened, did it, stormy? because there was only two people there, right? >> that issue is being brought back up by judge juan marchand. he's back on the bench. after the judge spoke to the prosecution and said among other things, ms. hoffinger, i think the degree of detail we are going into now is unnecessary, and -- >> the judge doing the defense's job. look at that. >> stormy daniels is back on the stand, and the jury is being brought back into the courtroom
8:41 am
and hoffinger will continue the storytelling. >> the judge may be concerned the prosecution is going overboard, and he's not doing the defense's job, because we have seen this in other trials like the john edwards trial, where they would say -- >> is that the judge's responsibility? >> no, it should be left up to the parties, but the judge is going to be like the umpire and say, you know, this is too much. this is crossing a line of his previous rulings, so judges will step in and do that sort of thing from time to time. it drives parties crazy, the prosecution and the defense when the judge does that. >> yeah. >> and we are reading this as we are getting it. hoffinger saying before we broke to stormy daniels for the break, you were talking about the discussions you were having and that you then needed to use the restroom at one point.
8:42 am
she then says, yes, i had been there for quite a while. i drank a couple of bottles of water. apparently she needed the break. again, i have been there quite a while and drank a couple bottles of water. that's all we were drinking. >> that's important, too. that's important, because if anybody had been drinking you would attack your ability to recall, your memory, your incapacity due to drinking alcohol. >> those are pretty minute details to remember from all these years ago, how many bottles of water and when you used the restroom, so that's a little weird that she remembers those specific details. >> who directed you to the bathroom? that question is from hoffinger
8:43 am
to stormy daniels. i went out of the dining room through a room and to the master bathroom, and the bed was unmade. talk about remembering details. there were no personal items around in the bathroom. she remembers she washed her hands and noticed somebody had used the restroom because there was a leather-looking toiletry bag on the counter with products in it, and i did look, and i'm not proud of it, and there was old spice. >> i guess they are not following the judge's direction not to get into the details. >> well, she's doing it, though. the lawyers should have told her before she retook the stand to keep it tight kind of thing. the judge also wants to have the trial continue. we don't want to have too many
8:44 am
delays at this point. >> after she apparently looked in and found the old spice, she then washed her hands again and walked out of the bathroom. i definitely would have taken a picture of that. i even thought, oh, that was crazy. does the defense have the right to object to this? >> oh, sure. they can object to whatever they want. it seems like the judge would sustain it from what he's saying, but the defense made a strategy decision about to let her talk about all this stuff, old spice and the details, and this is the strategy they have chosen. susan necheles, she's very good, and she has done this many times before. >> even after the admonition from the judge, the details may
8:45 am
not be necessary, but the details are still coming through. >> and discussing here in new york with my two legal greats, how interesting and perhaps surprising it was to learn all of these details from stormy daniels that one, the defense had not objected to anything they were saying so it was not surprising coming back from break, maybe we are going too far, we don't need to know what the floor looked like in this hotel room. do you think that's the right call in that moment, katharine? >> this is a fair judge, and he was sitting there looking at the defense and saying, i have to do this, because some appellant court might think they don't care they didn't object, i should have done something. they want all of this to come out and we will find out when susan necheles gets up for the
8:46 am
defense, and these details are over the top and have nothing to do with the falsifying business documents. >> she does describe coming out of the bathroom and seeing trump on the bed wearing boxers and a t-shirt. she says, you know, she was startled at first. it was a jump scare. she was not expecting somebody to be there, especially minus a lot of clothing is what she says. danny, in terms of the details, how much does the -- how much does the prosecution need to get out of stormy daniels when it comes to the details? again, we have talked about credibility being a factor here, right? >> if by details you mean sex, then the answer is they don't really need to get sex out of stormy daniels in her testimony. in fact, it's arguably immaterial if the sex happened for the prosecution, and whether or not there was an actual encounter, the key is the transaction.
8:47 am
but the prosecution loves this testimony because it is great for them. it's great for them to show donald trump in an exposed kind of slimy way, and the way he sort of tries -- a married man goes about picking up adult film stars and brings them to his hotel room and in a clumsy way, shows her the bathroom and when she comes out he's in his boxer shorts. i promise, there are members of the jury who are not concerned with the elements and what they have to prove on the verdict form right now, they are just thinking yuck, and same thing everybody said here at least once on their own today, this testimony is yuck and it works. the jurors are listening. that's probably why the judge is getting involved, at the break where he said we don't need the details, and right after the break, i broke two bottles are water and had to go to the bathroom. i saw old spice, and that's a
8:48 am
detail, and now it seems like they are get into the actual sexual encounter, which could be accomplished by saying we had sex. whether or not that's the way it goes down, we will see in the next couple of minutes. >> she does say she's thinking about her reaction to seeing donald trump there after she comes out of the bathroom. the room spun in slow motion. she also says one thought she said, great, i put myself in this bad situation. she starts to describe what happens next. actually, this is where the defense objects and merchan, the judge, sustains and our notes are he's angry, and he says let's move on that he's warned -- obviously he already warned the prosecution, ms. hoffinger about get into the my -- details. hopefully we will get into more of what would fill in the rest
8:49 am
of the timeline between this encounter and the $130,000 she got as part of the hush-money in this bigger picture story, the alleged crime related to the payments of stormy daniels, and not just her but the reimbursement to michael cohen specifically. we talked about it. the hush-money itself is not a crime. >> it's not a crime. it's why he did it. you know, that's the crime. he did it to keep her quiet to influence the election. the judge is right to just say, okay, enough. just say, we had next and move on and let's go to the payment. i think susan hoffinger, the prosecutor will skip her notes and move past all the details about the sex and get to the payments, her lawyer and michael cohen and all that. >> we are getting color from alicia ruben who is among those that can see directly in the
8:50 am
courthouse, and stormy seems to be concerned over what she did that alistitted the angry response, and this was a little bit ago prior to obviously the most recent testimony, but around 11:09, a little over half an hour ago, at that point trump's eyes had been open for most of stormy's testimony, and he appears to be listening, and he has not shaken his head or expressed his displeasure in any obvious ways, and attorneys are listening and writing donald trump elbowed todd blanche as the jury was coming into the room. he is very engaged. now inside the courtroom, at this moment, she did acknowledge that she had sex with donald
8:51 am
trump. did you end up having sex with him? she said, yes. they're continuing through that part of the testimony. it appears to be getting into the details here. >> i will say. >> are you surprised? >> i am surprised. to myself i said, almost jokingly, wouldn't it be funny if they got into positions. i thought, no way. we were in missionary position. again, not necessary. we can only -- we can just say, sex was had. moving on. the defense seems okay with it. i think judge merchan would sustain -- >> why do you think there hasn't been more objections? the defense did just object where this is going. >> they have objected. i'm not criticizing the defense. they may have a strategy to allow all this in. some of the objections may have been decided on and come before
8:52 am
the testimony through our motion practice. what you see here is the end result. whether or not they choose to object right now is really strategic. that may be part of the strategy. let all this in. we will get her on cross-examination. whatever she says here, she's locking herself in as scandalous as it sounds. it is -- look, i'm a defense attorney. take this with a grain of salt. it really is an effective way, how prosecutors can get in evidence that kind of smells like bad character evidence against donald trump without actually calling it character evidence. again, all of the stuff about him having his boxer shorts on -- there's testimony that he is bigger and taller and implying this may have been non-consensual, that's really damaging to trump. >> stay with us. we will make a difficult turn right now. we want to take our viewers to
8:53 am
capitol hill where president biden is now maing a speech at the holocaust remembrance ceremony, a speech on anti-semitism. let's listen. >> a dear friend, speaker johnson, speaker jeffries, members of congress, and the survivors from the holocaust. my mother would say, god love you all. all of the survivors who embody courage and dignity and grace are here. during these sacred days of remembrance, we grieve, we give voice to the 6 million jews who were systematically targeted and murdered by the nazis and their collaborators during world war ii. we honor the memory of victims, the pain of survivors, the bravery of heroes who stood up to hitler's unspeakable evil. we recommit to heeding the
8:54 am
lessons in one of the darkest chapters in human history, to revitalize and realize the responsibility of never again. never again simply translated for me means never forget. never forget. never forgetting means we must keep telling the story, must keep teaching the truth, must keep teaching our children and our grandchildren. the truth is, we are at risk of people not knowing the truth. that's why growing up, my dad taught me and my siblings about the horrors at our family dinner table. that's why i visited with my family as a senator, as vice president, as president. that's why i took my grandchildren to see and bear witness to the indifference, the complicity of silence, in the face of evil they knew was
8:55 am
happening. germany, 1933, hitler and his nazi power rise to power. by rekindling one of the oldest forms of prejudice and hate, anti-semitism. his role started slowly, across economic, political, social and cultural life. propaganda demonizing jews. boycotts of jewish businesses. synagogues defaced with swastikas. harassment of jews in the street and schools. anti-semitic demonstrations, programs, organized riots with the indifference of the world, hitler knew he would expand his reign of terror by eliminating jews through genocide. the nazis called the final
8:56 am
solution. concentration camps, gas chambers, mass shootings. by the time the war ended, 6 million jews, one of every three jews in the united states, were murdered. this didn't begin with the holocaust. it didn't end with the holocaust either. or even after our victory of world war ii. this hatred continues to lie deep in the hearts of too many people in the world and requires our continued vigilance and outspokenness. that hatred was brought to life on october 7, 2023, on the sacred jewish holiday, the terrorist group hamas unleashed the deadliest day of the jewish people since the holocaust. driven by ancient desire to wipe out the jewish people off the face of the earth, over 1,200
8:57 am
innocent people, babies, parents, grandparents, slaughtered in a kibbutz, massacred, raped, mutilated and sexually assaulted. thousands more carrying wounds, bullets and shrapnel from a memory of that terrible day they endured. hundreds taken hostage, including survivors. now here we are, not 75 years later, but just 7 1/2 months later and people are already forgetting. they are already forgetting. hamas unleashed this terror. it was hamas that brutalized israelis. it was hamas who took and
8:58 am
continues to hold hostages. i have not forgotten nor have you. we will not forget. [ applause ] as jews around the world cope with the atrocity of that day and its aftermath, we have seen a surge of anti-semitism in america and around the world. vicious propaganda on social media. jews forced to keep -- tuck their jewish stars into their shirts. jewish students blocked, harassed, attacked while walking to class. anti-semitism, anti-semitic posters, slogans, calling for
8:59 am
the annihilation of israel. ed the world's only jewish state. too many people denying, downplaying, rationalizing, ignoring the horrors of the holocaust. on october 7th, including hamas' appalling use of sexual violence to torture and terrorize jews, it's despicable. it must stop. [ applause ] silence and denial can hide much, but it can erase nothing. some injustices are so heinous, so horrific, so grievous, they cannot be buried, no matter how hard people try. in my view, a major lesson of
9:00 am
the holocaust is, as mentioned earlier, it was not inevitable. we know hate never goes away. it only hides. given a little oxygen, it comes out from under the rocks. we also know what stops hate. one thing. all of us. a late rabbi described anti-semitism as a virus that has survived and mutated over time. together, we cannot continue to let that happen. we have to remember our basic principal. we have an obligation to learn the lessons of history. don't surrender our future to the horrors of the past. we must give hate no safe harbor against anyone, anyone. the founding, jewish americans represented only 2% of the u.s. population.

0 Views

info Stream Only

Uploaded by TV Archive on