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. hello, welcome to our special. new york versus donald trump. we have break downs on there entire rivetting week of testimony, including friday's emotional moments for a long time trump aide hope hicks on the stand. there is one of the weeks that show how prosecutors are proving up this case. putting up stormy daniels and mcdougal's lawyer. all leading up to a testimony by michael cohen. they have done this to confirm it before they hear from him and corroborating with that with the receipts, the checks, the contracts, and then, ending there week with a rare view inside of donald trump's uppermost senior aides and brain trust. hope hicks brings us into the secret meetings and discussions

as the access hollywood video broke. hope hicks you see there with donald trump. that is a post in any campaign especially in his. someone up on the stage n his ear and on the plane and that is the role she had. this was important testimony including the deals to silence these women. it matters because there is reliable testimony from a long time trump loyalist. hard for the jury to just ignore. it is also from a person, as a witness, who has clearly decided to cooperate with these probes, to testify under the oath. there is context leading up to the testimony. she did that in testifying for january 6th and that high stakes probe, there she was, she cooperated. she discussed what she knew under oath. she talked to the investigators, she discussed her private text on that day.

january 6th where she told others she was so upset, quote, everything we worked forward wiped away. what you see on the screen is, the way we experience different probes. january 6th they had the cameras on and we saw her talking. under new york law, it is transparent. we have the sketches but no video cameras in court. both times hicks was a key witness. she has cooperated. that, itself, led to this reporting falling out with trump, now the defendant. she said she was nervous today from the stand. she answered the questions, cop firming she is under subpoena, paying for her own lawyer. and, in a moment that does matter for a jury this is still a human exercise hope hicks broke down crying on the stand at one point. she was seen there crying as reported and discussed. it was apparently, the best we can tell and the reporters in the room and the wider context that we have, genuine display of emotion for her as she felt the weight of the moment.

the raw pressure of testifying about her long time boss that stood, or sat, physically sat through her entire testimony watching her. and maybe the details were tough for her to share in this manner. remember went from a close aide in the tobs press secretary, while trump had his falling out with aides, a lot of people did not last through the first year of the administration, she kept her trust, became communication director. witnessed every trump scandal as "the washington post," put it. her testimony this week hurt trump when she said he had his hand in everything and he was very involved we were all just following his lead. she discussed the priorities of the campaign and communication. why does that matter? the point is not if he is some apprentice-style boss or not. it undercuts one of the defenses that i told you one.

i am out of the loop, other people are getting it done. this is hope hicks, this is not nobody. she is saying pretty much the opposite. hands on. he set the lead. they followed. she also confirmed about what we heard the rhona graff. , was crucial. they seen how much of a senior position, another blow in his efforts, she witnessed she seen and heard trump talking to the inquirer chief, david pecker, who was the witness earlier. congratulating him on a phone call after the tabloid went after ben carson. here is what is interesting about that. at the time and in the room she knows more than most people. she might of still thought that trump was just working the

press like usual. call inquirer one day, call fox the next. now, hearing the wider testimony and understanding it as a potential confirmation as for how the tabloid is carrying out the campaign. this is not like calling someone and discussing them doing their reporting where you might share ideas and facts and a quote and see what they report. this was, according to the da. that is why the hicks testimony, combined with what we heard this week was so significant. i will tell you, there is more. hope hicks took the jury inside trump world in a very unusual way. in the very private panic moments when the campaign was rocked by the video that you see on your screen. the bombshell access hollywood tape, nobody knew it existed at

the part of the campaign but for trump might, roar might not have said, this is not just a witness. hicks of the first person to bring the news of this impending video bombshell inside of the campaign to the campaign manager to trump. again, you and i might remember hope hicks, part of the jury might not. not everyone recognizes every aide on campaign staff. boy are you going to think she is important if you determine "the washington post," this bombshell, the person they went to, they knew was a top aide who would get right to trump and the other leaders was not the campaign manager, not another friend or family member they went to hope hicks. "washington post" reporter contacting hicks with this scoop and a deadline for and campaign response they wanted to give. she rush today to the campaign leadership. there was a panic, she testifies how the initial response was, you need to hear

the tape to be sure, but, quote, deny, deny, deny and she recounted they knew it was going to be a massive story, she said, this was a crisis. now, take that and say what are we talking about? doing campaign memorys? one of the documentaries where you look at old campaign in no. the point is not that hope hicks has fascinating and sometimes never before heard details about that pivotal campaign moment, although she does have those, the point is, she was eyewitness to donald trump's apparent motivation which the prosecutors say is now part of the criminal intent in what they indicted as this coverup and felony. trump saw all of this as a problem for the campaign. i will read you this key passage.

sometimes they are someone saying yes or no. prosecutors are saying these reports can hurt the standings with voters. hope hicks says yes. >> that is some of the strong testimony that the jury heard to end this week. and a lot of the folks probably remember where you were when you first heard about this tape. and it is raw admission of grabbing women by the -- and you might remember the fallout. hicks recounting that very intense period describing to the jury how it dominated coverage leading up to the next big moment which is the presidential debate. this is back with clinton and trump when a lot of people thought trump was already down. this was a body blow like no other. this is relevant to where trump was not involved or did not know what was going on. it was a personal thing or campaign thing? so we put it together in our

reporting beyond what mrs. hicks said today some of the explosive period in the campaign homestretch. >> donald trump's presidential campaign in turmoil tonight facing withering political fallout >> house speaker paul ryan releasing this statement canceling the event. i am sickened by what i heard today. >> former presidential nominee mccain pulled his endorsement. >> when the tape comes out he drops from 41 to 38. on the weekend after everyone seen the tape he falls through the floor >> that is why they are driving the republican party and donald trump off of the cliff. >> mcconnell called his comments repugnant. >> it ended all you can say is "i'm sorry." >> now, it did not end but that was the mood. republicans did turn on trump in the 2016 homestretch. that kind of reaction might be a little politically unrecognizably today. we have seen entire crimes and convicted insurrection

dismissed by republican leaders. reminder how much has changed once trump did get out from under that october scandal to go on to win the electoral college. it keeps going to what i mentioned to you. hicks was on point. running congress or passed cycles had sharply worded statements. against trump over this issue over what he said on the tape and if that is how he dealt with woman. she mentioned for example, romney, mcconnell. prosecutors view hicks accounting as key to what they are still trying to prove to the jury. why donald trump would, in october, take such extreme. they allege criminal acts in the campaigns waning weeks. he was losing party leaders. his whole campaign was panicked. his own top loyal aids saw the problem. he was losing the narrative, he

was losing the press, a lot of the mainstream press. while trump still thought. politically it was true. he perceived that one more story or allegation that linked up with this tape scandal would certainly do him in. a guy who has all of this bluster in public. never admits to losing in private. according to his aides he is a different guy. in private he thought, yeah, i am losing for sure and i am toast if one of these stories comes out. that, prosecutors say, is how he and his campaign loadership viewed the stormy daniels and karen mcdougal stories. the argument with her evidence, her eyewitness testimony with michael cohen and the inquirer had to bury both of the stories and do it as a campaign not for

trump to keep that path possibly open. hicks asking michael cohen to get the tabloid publisher's number on november 5th. remember i told you about the receipts? does not matter what the jury thinks of either of the two poem in this communication or what they are doing. what matters is if they think the people told the truth and what they said matches the other parts of the case. these are in the evidence for the jury. this is as good of a confirmation that you can get in writing between key people who were trump loyalists going back to the tab light chief david pecker. she asked because trump wanted to speak with him and so she connected the two of them. she did more than that. she also connected the dots. if this sounds like it is bad and damming evidence against donald trump, it is. i would remind you that just

because it sounds bad does not mean the story is over or he is guilt. legally presumed innocent and they have to use the high bar of beyond a reasonable doubt for 12 people. so, if they convince 10 or 11 people that everything you just heard really did happen and amounts to this crime and this cover up, that is not good enough. they need all 12. i say that to say, when we follow this case as we do in our specials, we are just looking at how the da is carrying that burden and how it must way with the jury. leading us off we are back in 90 seconds. we are back in 90 seconds. no fingersticks needed. all with the world's smallest and thinnest sensor. manage your diabetes with more confidence and lower your a1c. try it for free at freestylelibre.us an alternative to pills, voltaren is a clinically proven

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tell your doctor if you are or may become pregnant. put uc and crohn's in check... and keep them there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save. . i was becoming increasingly concerned that we were damaging his legacy. >> what did the president say in response to what you just described? >> he said something along the lines of, you know, nobody will care about my legacy if i lose. >> trump aid hope hicks that is what she looks like testifying under oath. that was the january 6th probe in congress. we are now joined by our lawyers for this special. andrew, i know, both of you

watched this closely today. what did you think of mrs. hick's testimony? >> reporter: i think your description of her testimony being a body blow is totally accurate. this, i think, took a sledge hammer to a major defense. prior to her testimony a big gap in the da's arsenal was did donald trump know about the payments to stormy daniels as hush money payments. the da had conceded he did not sign the agreement between michael cohen signed and stormy daniels and her lawyer signed but a blank with respect to this signature block for the president. also, michael cohen said with respect to the payments he said to davidson maybe i will have to pay out on my own. trump was not going to pay in

advance. a lot of concern. certainly. how are they going to link to donald trump to the actual hush money payments with respect to stormy daniels. david pecker said with respect to the doorman. the case is really about the stormy daniels payments and hope hicks a reluctant witness who said you are within the trump campaign that donald trump told her that he was aware that michael cohen made hush money payments. he only learned after the fact that, by the way. does not matter. as long as he knew it and learned it before he made all of the reimbursement payments. that is good enough. >> if you reimburse someone for buying you crack, you are still on the hook. >> yep. and so, she gave that, she also

suggested that she did not believe that donald trump's story that this was something that michael cohen did out of the goodness of his heart. that is not who he is and he likes to take credit for things. she also said i don't really believe that story and her words are substance. but it does not matter. you will hear from the da. does not matter if she believes him or not. as long as you actually now have donald trump knowing about the hush money payments to stormy daniels that is the find for false business records. the gap has been completely closed by a witness who, i think, will be just impossible for the defense to say was lying. and miss remembered this. it was in court that she did not want to thereby and did not

want to give this testimony. >> your view of the testimony this week? >> i think i am less than andrew is and more muted in my response to hope hicks. she did close the loop for the prosecution but she did also close loops for the defense as well. emphasized that donald trump was very, very aware of his wife's view of what happened in the wake of the access hollywood tape. he was concern about her, he respected her a great deal and instructed hope hicks not to deliver certain newspapers that would cover the story to their residence so she would not see them. that will be a big part of the defense here. they only have to establish reasonable doubt for a single jury. you can make the point this is never about the election. always about his wife. to be fair, though. as andrew says, she does link trump to all of this and his concern about the election. there is a lot of testimony there when the stormy daniels

situation does come out in the press in 2018. it is probably better for this to have come out now rather than before the election. that goes right to the prosecution's case. it is also if hope hicks does. she notes she did not see the access hollywood tape but her response was deny, deny, deny. a classic thing that the pr flack would do. but it suggest that she was making the case for trump without knowing what had transpired on that tape. >> yeah, we are talking about alternative facts land. that is what becomes common. which hat do they have on. i do think that she has some potential standing with the jury there in that she came through, unless she is the most incredible actor ever. most people can not cry on complained. not able to do that. part of what juries do as you know is so well is use their eyes and ears to see what the

current hearing is true or not. or someone is lying on the stand. and how different of a world it is. we all know what things have been like in the last few years, cynical people feel about politics, particularly in the republican party. so, just go back briefly and see how trump sounded in one of the only public statements that could be called a partial apology reminds you how much of a problem it was in october. take a look. >> i never said i am a perfect person nor pretended someone that i am not. i said and done things i regret. the words released today on this more than a decade old video are one of them. anyone who knows me knows these words don't reflect who i am. i said it, i was wrong, and i apologize. >> i was wrong and i apologize

quote unquote. not a deep fake melisa, a statement under durress. how does that work in the story that prosecutors are trying to tell through the witnesses. >> that goes to the point that the prosecutors are trying to make. hope hicks hopes to harness that. he was concerned about this election, he was concerned about what it might mean if news about karen mcdougal and stormy daniels came out especially hot on the heels of the tape. again, it has been a long time. we have had a pandemic, a coup, all kinds of things. will jurors remember this is all that anyone could talk about? it seemed like the worst thing that he can do. i think it is likely that it might seem quaint to the jurors

in piecing all of this together as a campaign to get elected and to silence some of these facts that could come out and be damaging to him. that may be hardtory piece together. it is right. she did a lot of good work. i am interested to see how the defense uses her in their closing arguments. i think they were tentative with her today. likely because she immediately began crying. i human being he would of bloodied her up more. >> that is the human side to this. i have 30 seconds on that. any thoughts on cross? >> well, i just want to take up something that melisa said it is right to anticipate that the defense is going to be saying this is about melania. it is important obviously as they note. there is contrary evidence in the record. the jury i think will be instructed that you can have a duel motive and the state does

not have to prove that the 100% intent in his head was the election. him and his wife he is still guilty. so, the state, it will be wrapping around that jury instruction to say the hope hips testimony should be believed including the part about a concern about, you know, what melania's reaction would be. does not mean he was not concerned about being elected. they can sort of embrace that part of the testimony and still win. >> right that speaks to, again, how people understand other people's motives, talking about criminal intent and jury instructions and other instructions can matter so much. sometimes i might go running to get fresh air but hope to lose weight. right? and you can not just a i only went running for fresh air.

that was the only reason. it has to be enough that it carries the day. even if there is other stuff in the mix. thanks to both of you, appreciate it snow thank you. coming up, we have what the judge told to trump's face. and real rebuke. i am thrilled to today you presidential historian is here as we make sense for how all of this will live on for years and years. the first ever trial of a president. first, the tapes, that is next president. first, the tapes, that is next

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>> reporter: calling daniel's former lawyer. >> talking about how deals came together for karen mcdougal with ami. >> the patches of testimony >> trump's legal team tried to paint davidson as a extortionist. >> donald trump has never been closer to spending a night in jail >> they are threatening to throw the republican nominee for president in jail for talking, harris. >> prosecutorred called hope hicks to the stand. >> i think the jurors will not only be listening carefully to everything that hope hicks is saying, they are going to be looking over at hour mr. trump responds. >> that is just some of what we lived through in one week. the judge also held trump in contempt for the first time, everyone was waiting on that. fined and warned he could go to jail if he does not shape up. the lawyer said trump was

worried about the campaign that mentioned hope hicks backed up. payments to mcdougal was all about helping the candidacy. and playing the audio with cohen expressing his feelings and knowledge of his own reimbursed payments that went to daniels. >> i can't even tell you how many times he said to me, you know, i i hate the fact that we did it. and my comment to him was, but, every person that you spoken to told you it was the right move. >> and our special continues with a special guest a former prosecutor criminal defense attorney. welcome back. >> thank you. >> what stood out to you in this very dramatic week? >> reporter: so you know white collar criminal cases are usually pretty boring, testimony can be a drag. very document heavy, very complex but that is certainly not the case in this trial with donald trump what stood out to

me was keith davidson. you know, this strategy that the defense has in really distancing trump from davidson, from these payments in that they established davidson only communicated with cohen never trump. they brought out the fact that the only time that davidson had been in the same room with trump was in that manhattan courtroom. he never spoke to him. that was a slam dunk for the defense. for the prosecution he served one purpose, to establish there was a transaction that cohen did pay stormy daniels $130,000 in exchange for her silence. for me, keith davidson did what he was supposed to do. but he helped the defense. and, hope hick's testimony corroborated what he said. what he said after the payments were done. he called davidson and complained because he was accepting a job at the

courthouse. i did so much, i was left out. >> then you have hope hicks, i don't want him to do things out of his own heart. what the defense is saying, cohen made the payments on his own because he had other incentives to really bury the story. >> and let's look at the story. talking about how much ground was made by the prosecution, again, i reminded everyone, you know this well. it is not like picking between two stories. it is not like, oh, either trump did it, does that sound likely or did cohen do it? it is a lower bar. only if the jury has reasonable doubt. i think that is important for us to emphasize. if you are watching this as a viewer. i think this story is more likely. based on the current evidence. i think that story is more likely. is there doubt that if cohen

went rogue? >> you just have to get one person to think about this in the way that the defense is painting this. trump has other things in mind that cohen goes rogue. he has self-interest. his boss, and so, the defense, i think, is scoring points enough to change one person's mind. >> okay. then, earlier, you still pay it back. even if you say oh, it popped up in a different way. take a look at cohen describing trump, and president trump back. >> i am visiting trump in the oval office for the first time. he says something to me something to the effect, don't worry, michael, your january and february reimbursement checks are coming. that is if the jury believes

cohen. they are aligning and attacking his testimony. >> they have the checks. the checks exist. yes. cohen is a convicted person. it is up to the jury if they find cohen to be credible on the stand. >> the defense delayed cohen. you heard of star witnesses and he has not come up yet. >> i am not surprised. they have to tell a story and go in a particular order. they started with on how all of it came about, right? this catch and kill. the deal with trump and cohen. so the order they are going in i am not surprised. they are telling a story and building up to cohen being their star witness and maybe even, he has to be watching this. i mean, he has to be hearing what is said.

>> well, he has been doing live tiktok. we know he is watching. >> the prosecution is warning him about that and he is not taking heed. that is something he can be cross examined on. he is not being cautious. i am not surprised by the strategy of the prosecution and saving him to the end. >> great way to get perspective. thank you very much for being here. >> thank you. up next, as mentioned, the historian douglas brinkley as we live through history, i am excite about this one. that is when we come back one. that is when we come back comfort, and electricity... are forever in bloom. welcome to beyond. the mercedes-maybach eqs suv.

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. this first ever trial of a former president matters. it matters to the people involved, it could matter to the defendant if he is convicted of a felony before the election and it matters in many other ways in our life and history and rule of law. but, is it breaking through as the saying goes? are people hearing about it? do you ever wonder. there are interesting ways to try to understand how this is playing out as it happens for example. it is making headlines all around the world. because this is something that the united states has never done before. and if you check around the country. on local papers, where a lot of people get their local news t makes the front pages. including this week. the cohen tapes well, those are

not only news worthy. but, for many americans they, of course, have echoes in past presidential-style scandals and tapes of a president. presidential-style scandals and tapes of a president. . >> what can we learn from history as we live through it? well, i mentioned we are very excited about our next guest. the author of many books, including "the nixon tapes." >> glad to be here. just a rivetting week. it seems to me that trump has some himself painted in the corner. i think today was a kicker for a long week. i do know it is like a spider's web. you got to follow all of these tentacles and some people may

be bored with it. >> mhm. >> and not knowing certain lawyers and who is on deck tomorrow forecasting. but, we all know and feel that trump did this. if he is found guilty it will be a shocking moment that a president, the leader of the party of abraham lincoln is facing jail time or house arrest. he may not -- appeal, appeal, but it takes your breath away that we allowed our political theater to get to this sort of bottom ground line. >> i think that makes a lot of sense. and as with anything in a society, right, it matters what other people think, what are our common understandings. those of us in the news which is of course, they say, the old hack, hack needs the saying, the first drive to history but the point is in the news we are doing it hour by hour.

you guys are doing it allegedly had a little higher pay grade, more sophisticated and looking all of the trends. but people are following this more than some other things in the last years of chaos. here is a poll that we pulled for your view, 45% say they are following it closely or very closely. that is certainly more than you know say a congressional bill battle or other assorted legal issues that you and i and others say are important but did not apt straight the country. i am guessing you are going to say it is not at the high watermark of watergate and nixon. how do you sense of something like that? >> reporter: with nixon in june of 1972, june 23rd, you had the tape. the smoking gun where you hear nixon asking the cia to get the fbi to call off an

investigation. all of these things started unraveling for nixon. trump, if he is found guilty, if the jurors say you are guilty because he will have to go july 15th to milwaukee and wherever he goes people will realize he has been convicted. he can pretend to wear it as a badge of honor like he did when he was impeached twice. but the truth of the matter is, it cuts home. we are talking about malania trump, his wife, former first ahead, enduring the mcdougal and daniels. and this is the kind of can of worms that trump revels in. he does give good speeches. he might be able to hold his base. it is nibbling away in michigan and wisconsin and there is no

way that this trial in particular if he is found as an asset for a re-election campaign. >> no. >> that is what is funny about all of the ridiculous propaganda that you are deliberately, everybody knows that it is bad if you are indicted and or worse if you are convicted. running the country or being in a local, you know, community club, golf club, whatever your sport. it is bad in today's politics. so much is in these exchange accusations of criminality and donald trump was a master of that. he was impeached over trying to create a fake ukrainian investigation of the bidens. so, you don't node to be kind of a news buff to know that he thinks this is bad and it is going to hurt him. you wonder how you are going to proceed. the history of realtime. is it like nixon.

like vietnam. the civil rights movement. saturated common experiences. covid is another experience. we all lived through it together. or is it the other half of the country that is tuning it out. does not want to deal with it? >> i think it is still divided. i bet if you want to fox news right now. covering campus protests. not covering a lot of what is going on in this trial. >> why would you go to fox news right now? [ laughter ] >> it is okay. people can watch what they want. i am kidding. >> i know. we are divided that way. come the summer and the fall. people will have to look at this guy, trump, with scrutiny. what we -- the mistake, elevator ride when we should look at itace election corruption the tape, followed

by the hush money coverup showing he would not do anything to lose it and then the riot, those are the book ends of what the trump precedency is really about >> can i add a book? >> you are the author. >> can i add a book? you have the 16 issues that are now indicted as campaign crimes, you have the you just said, 2020 but you also have, two impeachments, no other president twice impeached and they were election crime and abuse of power. i am careful to tell folks withy have not crossed the criminal line in term of conviction that is a lot of evidence of election crimes. i will let you have the last word. >> i know you love quoting from hip hop artists and others. bob dylan "you don't need a weatherman to know which way the wind blows" none of us need

somebody to tell us if trump is part of the hush money payments, of course he is. this is not a rogue cohen it is a poodle, a lap dog doing the dirty business. trump was pleased that he bought them off for so cheap. $130,000. proprobably thought they would go up to a quarter of a million he saved him money. recognizing what a dire threat it was. he could not of survived access hollywood right on top of stormy daniels and that in the white news which this week's testimony showed. i appreciate the dylan reference. he also said, they both probably lied, the newspapers they all went along for the ride. in this case, the tabloids. good to see you, douglas. >> good to see you. >> absolutely. as we look at how this is all playing out. we will show the memes and the internet following the trial

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. our founding father would be upset about. >> eventually they will just have to put him on a baby monitor. [ laughter ] >> oh, no, he is so his stomach again, i will have to flip him over. >> fined $9,000. but i get the 10th one free,

right? >> comics -- roasting this trial. on the popular platforms in the country among younger people, tiktok, the trial is breaking through with folks watching, reacting and debating it. >> oh, my gosh, do we need to talk about the trump criminal trial? >> hope hicks is now testifying. she is spilling the beans on her former boss donald trump. [ laughter ] >> speaking of punches, trump's attorney has a number of them in on cross-examination and got a look at how bad things will be for michael cohen. >> he can testify in his own defense. the gag order is not preventing it. >> these folks care about nothing but donald trump. >> he is known for pulling his -- [beep] >> talking big and then using the pack door to bail out. >> it is another sign of how our society and our world and

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