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CNN Live Event/Special

Moments Away: Opening Statement In First Trump Criminal Trial. Aired 9:30-10a ET

Aired April 22, 2024 - 09:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

JILL KONVISER, FORMER NEW YORK STATE SUPREME COURT: Michael Cohen has been corroborated by other pieces of evidence and other testimony in the case.

[09:30:05]

ANDERSON COOPER, CNN ANCHOR: Let's talk about the judge, Judge Merchan. You've known him for it for a long time. I'm wondering what do you make of how he's handled things thus far.

KONVISER: I think he gets an A-plus. This is a fishbowl of a trial. Everyone across the country, across the world is watching what's going on in this unprecedented and unique situation. He's managed to keep his cool in a very difficult set of circumstances. He's rendering decision after decision, working overtime because he's getting inundated with motions.

He's a public servant that the rest of New York should be grateful that he's in their employ.

COOPER: In terms of the assault he's faced from the defendant, have you seen something like that before?

KONVISER: I don't think to this degree, mainly because it's so magnified and it's on every news channel and everyone's talking about it.

But to be fair, defendants often to crazy things in courtrooms. I have seen in my own courtroom, defendants flip tables, spit, throw other things, punch their own attorneys, or go after the court officers. This is not a beautiful business where I'm in.

It's an ugly business sometimes and the point is to make sure at the end of the day, defendants get a fair trial to which they are entitled. If they're convicted, they'll be fairly sentenced. And if they're not, then that's the end of it. That's we all live with.

COOPER: Judge Konviser, thanks so much. Appreciate you.

CONVISER: Thank you.

COOPER: Jake, back to you.

JAKE TAPPER, CNN ANCHOR: Thanks, Anderson. CNN's Kristen Holmes is outside the Manhattan courthouse for us. She's been closely tracking what's happening inside the former president's political orbit -- Kristen.

KRISTEN HOLMES, CNN NATIONAL CORRESPONDENT: Yeah, Jake, look, they're trying to utilize every aspect of this to try to make it like a campaign stop. As you just saw Donald Trump heading to the cameras, they really believe that this trial day was never going to happen, that eventually all of these delays would pay off and there would be no trial before the November election.

Obviously, they are now resigned two the fact that this is where we are, he is going to be in this courtroom four days a week, and he's going to take advantage of going to the cameras, but I'm telling you when I'm talking to the senior advisers, they are just unsure that that's going to be enough. They are trying to figure out ways to keep him on the campaign trail, keep him interfacing with voters, even if that means keeping him local to New York and various areas like outer boroughs, Staten Island, places that he won in the election or at least is more popular.

Now, what we did see was a politically motivated stop at a Harlem bodega last week that was celebrated by his team. But then they were dealt a blow in North Carolina when he had a rally that was canceled because of weather. And when you talk to these senior advisers, some of them insist that this is going to help Donald Trump in the long run, that being in court, people are going to see that this is unfair.

But I did speak to one adviser who told me that that's just not entirely the case. They believe that they are in uncharted territory. They know that anything could happen at this time and they believe that he needs to get out there on the campaign trail.

They are doing what they can do. They are making the most of him being in trial. But this advisers said they would really rather be focusing elsewhere, Jake.

TAPPER: All right. Kristen Holmes, thanks so much.

And I just want to point out for viewers on the left side of the television screen, you'll be seeing live updates from our reporters inside the courthouse will be right here. There it is, as play-by-play will come, and we'll bring that to you, and you can read along.

I want to bring in right now, Will Scharf. He's a Trump attorney and Republican candidate for attorney general in the great state of Missouri.

Mr. Scharf, good to see you again.

We are told that the defense opening statement will be about 20 minutes long. Prosecution, 40 minutes. What do you expect the defense opening statement to focus on? How are they going to try to frame this case for the jury on behalf of Mr. Trump?

WILL SCHARF, TRUMP ATTORNEY : You know, Jake, we're looking to focus on the facts and cutting through all the sensationalism, all the sort of lurid details that have been aired in the media for years is going to be difficult.

But at the end of the day, if the jury just looked at -- looks at the facts that will be in evidence, we believe we have a winning case. I don't think President Trump did anything wrong here. I think the business records in question were accurate. They accurately reflected payments to an active attorney for president Trump. And if the jury is just able to cut through all the noise, we think this is going to be a great trial for us.

TAPPER: So just for those who are uninitiated in some of the details of what Mr. Scharf just said, you're suggesting that the payments that Mr. Trump made that Michael Cohen says were reimbursements for the hush money payment he paid to Stormy Daniels, that those were not reimbursements. Those were actually just retainers for Michael Cohen, correct?

SCHARF: What's at issue in this case is business records, is entries in President Trump's personal ledger that reflected payments to Michael Cohen as legal retainer payments. It's worth noting those entries were made by a mid-level Trump Organization official in Trump Tower while President Trump was in the White House running the country.

It's also worth noting that Michael Cohen was President Trump's lawyer. And that, therefore, we believe these records were both accurate and not made by President Trump, and those are two fatal problems with the prosecutions case.

[09:35:06]

So, again, we believe if the jury is able to dispassionately just view the facts and evidence in this case, this is a winning case for us. President Trump did nothing wrong.

TAPPER: How much of the defense strategy is based on undermining the credibility of Michael Cohen, who as we've mentioned earlier in the show, has already been convicted of perjury?

SCHARF: Yeah. Well, as you know, Jake, I'm currently under a gag order. The judge in this case entered a unilateral gag order preventing President Trump and members of his team from saying certain things about witnesses, from commenting on potential witness testimony.

As you alluded to, though numerous previous courts have bound Michael Cohen to be a perjurer. And obviously, that's something that will be thoroughly mooted and aired in court. And at the end of the day as I said, if we -- if we can just focus on the facts and if we can drive home, what the facts actually are to the jury, I don't think any of this other noise is going to end up mattering.

TAPPER: You said you think Mr. Trump should testify in this case. But isn't that kind of risky? I mean, the last time he testified before a jury was in the New York fraud case, did Mr. Trump learn anything since then?

SCHARF: I've never said President Trump should testify. That's going to be a choice for him and for his legal team. After we've seen how this -- this trial proceeds, I have said that I think President Trump will be a compelling witness if he does testify.

TAPPER: Uh-huh.

SCHARF: Because at the end of the day, he did nothing wrong. The facts are on his side and I think that his story is a compelling one here. But that's going to be a decision for down the road based on how trial proceeds. And I guess we'll just have to watch that one play out.

TAPPER: All right. Will Scharf, thank you so much. Appreciate your time.

Let's go to Paula Reid up in New York -- Paula.

PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT: Jake, we're getting some news from the courtroom right now as we predicted, at least one juror says he or she has concerns about media attention in this case, judges said he's going to talk to this juror in chambers, but this was one of the concerns that we had going into today, if any other members of this jury would after giving it some consideration, decide that they cannot take on the risks associated with this task.

So, it's unclear if his juror will remain on the jury. He or she is going to talk to the judge right now, and then court will resume. Now, it's interesting, court today was supposed to go to 2:00. That's an abbreviated day at recognized Passover, but instead, it's actually going to go to 12:30 because one of the alternates has a dentist appointment. So, judge said that he is going to allow that alternate to go to the dentist appointment, saying we can't afford to lose one for alternates -- Anderson.

COOPER: Which is pretty remarkable to -- I'm curious to know what the former president thinks about having to stop today at 12:30 because of a dentist one.

REID: And the fact that he can't attend Thursday's historic Supreme Court arguments on presidential immunity and there's an open question about whether he'll be able to attend his son's graduation. The judge said he'll consider that, but look, he's a criminal defendant. He has to attend every single day of court unless he gets a waiver, but the jurors and judges signal he's going to work around their schedule.

KAITLAN COLLINS, CNN ANCHOR: But also this is an alternate juror, and what's important to the judge here and what he's talking about. He wants to get this over with. He does not want to delay this trial any further. Obviously, that was clear by the last six weeks of our lives and what we were watching with Trump's team and what was playing out.

He wants to protect this alternate juror for be able to keep them as part of the alternate group of jurors. And that's why you saying he wants to accommodate this person and to end early. But here's the real news that is coming out of this, is this juror who

is expressing concern about the media attention that these jurors are getting. Obviously, the judge has since said that the media has to be careful that people in the courtroom have to be careful with how they identifying information for these jurors that we know where they live, what they do, what media they consume. There's a lot of information about them that we know.

And I think what people walked into this going for jury duty to sit reporting, responding to a jury summons and realizing the level of media attention that this case is going to get. And that they as a byproduct of that are going to get and they're sitting in that room, Donald Trump is just, you know, a few feet away from them as they are going to be in this case.

And obviously that is a concern for at least one person who was --

COOPER: Especially, they've had the weekend to think about it, to kind of let it sink in, the repercussions of it, to talk to friends and family, and to see what that means.

We're also getting our first image of Trump, I'm told. We'll put that up.

Paula, if -- inside the court, and, Paula, can you just explain a little bit? The first image we're getting today of him inside the courtroom. On the left-hand side of your screen, were seeing information coming from inside the court.

Can you just explain who is sending us that for our viewers?

REID: Well, its' quite the operation because there are no cameras are allowed in court for this historic case and so instead, we rely on our colleagues. So we have one colleague inside the courtroom, Kara Scannell, she's sending us information.

[09:40:01]

We also have two other colleagues, Jeremy Herb and Lauren del Valle.

COOPER: So, they're able to be on their devices sending out?

REID: Yes. They're sending out notes to us in real time and it's quite difficult to hear this process, and share it with three different people. They do an exceptional job keeping us up to date on exactly what is going on.

So Kaitlan and I are looking at our phones. That's what we're reading. We're reading the feed from our colleagues and that's what are your viewers are seeing on the screen. Those are notes from our three colleagues inside. So you have a minute by minute, second by second account.

COLLINS: And also, I think just the dynamic for Trump. Obviously, there's no cameras in the courtroom. That's how we're relying on our colleagues for these updates. But the dynamic and the courtroom Trump is not surrounded by his political aides like he typically is, or friends, or family, or allies. He's got his legal team, but everyone else is seated towards the back of the courtroom.

So he's not able to confer with them. He seated there next to -- he's got three attorneys in the room with him. And I think that picture there just speaks to the moment of what Donald Trumps life is about to be like where he is not a control of his schedule or his environment, or able to respond in real-time.

Three things that he prioritizes and values and typically is used to capitalize off of as, you know, since he was in the White House, when he was on the campaign trail. And even as a businessman, here in New York, his entire life is changing for the next six to eight weeks. Now that he's in that courtroom and this is going forward and the judges in charge of the schedule, not Donald Trump.

COOPER: It's going to be very interesting to see what happens with this juror who's now consultant.

REID: Now appears that we have an answer. Yeah. We have an answer that, the juror is going to remain on the panel, just returned from this side room where he went -- he or she went with the lawyers and the judge and they've come back I can say that this juror is going to remain with us. So whatever concerns this juror had, the judge or the lawyers are apparently able to allay some of these concerns.

COOPER: If they had lost that alternate juror today, that would have been not only obviously, one less juror they could call on if something goes wrong, but also it could have influenced other jurors to start -- only start to question whether they wanted to serve.

REID: Yeah, I'm actually surprised that only one person has withdrawn from this case when you think about the enormity of the exposure, the attention, the risks for you and your family. I mean, this is something that the judge has topped about why these short jurors are going to be anonymous, he wanted to protect them from this environment of intimidation.

It's actually surprising to me, we've only lost one -- almost lost one today, but she's going to remain.

COLLINS: Also, just -- you know, if this issue is resolved is not going to be an issue, we are going to get to the opening statements. The prosecution says there's going to be about 40 minutes. Todd Blanche, which is Trumps defense attorney, who will be making theirs, is going to be about 25. So this will be a little bit shorter.

COOPER: And for our viewers, obviously, our folks in the courtroom will be sending out those opening statements line by line as much as possible. So you can follow all along.

Already this morning, courtroom complications in Donald Trump's hush money trial. The sidebar with the lawyers just ended, after as you just heard, a juror expressed concern about the media attention on this historic case. That juror is staying on the case. So every much more, CNN special live coverage after this quick break.

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[09:47:41]

TAPPER: And welcome back to CNN special live coverage.

The court is in session in the hush money cover-up trial of Donald Trump. But any moment, we expect opening statements to begin. The prosecution has estimated they'll take about 40 minutes, previewing the case against Donald Trump. Her defense says it'll take about 20 or 25 minutes.

Let's get straight to CNN's Paula Reid in Manhattan.

Paula, a lot has happened in just the past few minutes. Get us up to speed.

REID: So right now, the judges revealing his decision on what specifically Trump can be cross-examined about. Last week, there were arguments where Trump's lawyers were trying to block prosecutors from being able to talk to their client or asked their client questions about at least three civil cases that he has been involved in.

Now, of course, is unclear if Trump will definitely take the stand. This is what called a Sandoval hearing, where you get out of the way at the outset, what specifically it is that prosecutors can ask a defendant if he or she takes the stand. So, the judge revealing that right now is unclear what he has decided.

Of course, the other big news from this morning is that juror number nine said they had concerns about the media attention in this case. But after meeting with the judge and lawyers, that juror has decided to remain on the case.

TAPPER: All right. Paula Reid, thank you so much. Appreciate it.

Let's talk more about this case.

So, first of all, explain again what the Sandoval hearing is.

LAURA COATES, CNN CHIEF LEGAL ANALYST: Yeah. Sandoval hearing is a fancy way of saying before a defendant has to take the stand or as an option, take the stand, they get to know what you're going to ask them. Are you going to go about issues? I do or do not want to talk about, it's all about what's called, what's probative versus prejudicial.

TAPPER: Is that anything that they have to warn them about or just legal matters?

COATES: Well, it's basically a category called prior bad acts, things I'm going to raise about behavior you have been engaged in are alleged to behavior, or criminal trials or civil trials rather different and then about whether you'll be questioned to try to undermine your credibility. It's not for the jury to say, listen, because this person did X, Y,

and Z bad, they must have done this crime, it's to give greater context, especially for a pattern of behavior. In this case, largely around the idea of maybe a Karen McDougal and giving her money initially or about a catch and kill, or about falsifying business records in the past. It gives some idea for the actual jury of what he may have been doing in this context.

[09:50:02]

TAPPER: So one of the things that the prosecution wanted to bring up, Elie and Karen, is the "Access Hollywood" video which we all remember from October 2016, not a pleasant bit of business there for Mr. Trump or for Billy Bush for that matter.

Explain what the jury -- what a judge has ruled on that matter.

ELIE HONIG, CNN SENIOR LEGAL ANALYST: So the prosecution wants to introduce evidence of that video to go to Donald Trump's intent. They're going to argue the reason why he really wanted to silence Stormy Daniels is because the "Access Hollywood" video had just come out. We'd all seen it. His campaign was reeling and he was trying to recover.

The judge has sort of I think given a bit of 50, 50 ruling here. The judge has said, we're not going to play that tape that we've all seen many times for the jury. They're not going to see it. They're not going to hear Donald Trump say in grab them, et cetera.

But we will introduce evidence that Donald Trump and his team in knew about that tape and sort of their reaction to it. So the jury will know that the statements were made, but they're not going to hear this sensational tape itself.

TAPPER: And we know right now is Judge Merchan is reading his decision. Trump is sitting back in his chair not reacting to the ruling. You see that right here on the left side of your screen. Live feeds from reporters inside the courtroom.

Karen, what do you think, that ruling standing by the ruling -- I'm not going to allow you to show the video, but you can provide a transcript and you can allude -- show evidence that alludes to it?

KAREN FRIEDMAN AGNIFILO, CNN LEGAL ANALYST: So the judge is doing exactly what he's supposed to be doing, which is allowing admissible evidence or probative evidence and without it being overly prejudicial, because that's the balancing tests that he's talking about when he says that that Sandoval gives him a wide latitude in terms of discretion and what he can do.

So, the prosecution says these are all the things I want to talk about all the prior bad acts, and then the judge and then the defense, of courses, these -- we don't want you to talk about any of them. And then the judge balances it and says, okay, I'm going to sanitize some of them. So that's not overly prejudicial, but I'm going to let you talk about

some of them because it wouldn't be fair to, for example, let Donald Trump get up there and testified that he was not held in contempt in the Judge Engoron case.

TAPPER: I'm going to throw it back to Anderson who as far as I know, is the only person in the world who has interviewed Karen McDougal and Stormy Daniels and Donald Trump.

COOPER: That is probably the case, Jake.

I want to bring in Stacy Schneider. She's a criminal defense attorney and a former "Apprentice" contestant. How important do you think it is the way Trump behaves in court today?

STACY SCHNEIDER, CRIMINAL DEFENSE ATTORNEY: Oh, it's crucial. So the opening statement is going to be like a movie trailer that's rolling, telling the story. The prosecution story of the case with all of the evidence and all of the witnesses and what they're going to say.

And while they're speaking, the jurors are going to be watching Donald Trump's reactions. And if it's anything like last week during jury selection, it's going to be a real problem for him because when this is going to be a very embarrassing situation.

Obviously, we all know that the allegations of his affair with the adult film star Stormy Daniels are a crux of this case. It intermingles with his business and he has to sit at that table and actually be quiet, be respectful. Likability is key in the criminal court.

He can lose some of those jurors before the evidence even comes in if he acts out, and lawyers really need to tell him unlike jury selection, sit up straight, look at the judge when he speaks, don't smirk at the jurors, don't glare at the jurors, and when this embarrassing information comes into court, keep your face neutral because they are watching his every move and they need to like him to listen to what's going to happen.

COLLINS: And we kind of got a glimpse of Trump having to listen to the judge here, went on Friday, Trump thought court was over and that Trump -- the judge was told him to sit down.

COOPER: Right.

COLLINS: And Trump did so. You know, he has acted so far differently in this case than he did in the civil fraud cases.

SCHNEIDER: Yeah. This is a completely different arena for him. Even on Friday, when he came out of jury selection, that whole week of jury selection, I saw different Donald Trump than I've seen before.

COOPER: In what way?

SCHNEIDER: Well, he got up in the middle of his daily press statement about how -- who was being politically prosecuted. He complained about the air conditioning in Judge Merchan's courtroom, and that's something a grandpa would say. I would never expect Donald Trump to interject that in the middle of his criminal trial.

But I think this whole process for him is so out of control. I mean, even the opening statement, this is going to be the first time maybe in his life that he cannot control the narrative. And he also can't sue the prosecutor for anything negative that they say about him because the opening statement is protected speech. And Trump is known to go after late night comedians --

COOPER: How important do you think the opening statements are for -- for the jury? I mean, how much of the jury makes it an impact to -- how big an impact as it may?

[09:55:01]

SCHNEIDER: It's -- an opening statement can make so break the case. Sometimes as trial lawyers, we will say, you win or lose your case in the opening statement because, you know, if the jury's on your side, you watch the reaction actions to what you're saying about the evidence.

You -- the defense also watches the reactions when you come back with the opposite story of what the prosecution says. So it's crucial what is said today in the next 40 or 60 minutes.

COLLINS: Well, just speaking of Trump's body language already in this, the judge is going over what prosecutors would be allowed to ask Trump about if he did testify and the judge said that he would be allowed to ask, they would be allowed to ask about the violations of the gag order in that civil fraud case. The judge that Trump has just complaining about 40 went to the courtroom, Trump was seen shaking his head as the judge had found that he had violated that gag order.

COOPER: Stacy Schneider, thank you so much. Good to have you on.

We're moments away from opening statements in a trial that could ultimately make a former president wants to be our next president a convicted felon.

All of the breaking details are coming up after a quick break.

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