♪♪ >>> THIS IS AN NBC NEWS SPECIAL REPORT. HERE'S LESTER HOLT. >> GOOD DAY, EVERYONE, WE'RE COMING ON THE AIR WITH BREAKING NEWS IN NEW YORK. THE JURY IN FORMER PRESIDENT DONALD TRUMP'S CRIMINAL HUSH MONEY TRIAL JUST HEARD TESTIMONY FROM THE FIRST WITNESS IN THE CASE AFTER OPENING STATEMENTS WRAPPED UP FROM BOTH SIDES. THE PROSECUTION LAYING OUT ITS CASE FOR WHAT IT CALLS A CRIMINAL CONSPIRACY AS THE DEFENSE PREVIEWS HOW IT PLANS TO REFUTE THAT. THIS IS THE FIRST TIME A FORMER PRESIDENT AND A PRESUMPTIVE NOMINEE IS STANDING TRIAL FOR CRIMINAL CHARGES. MR. TRUMP PLEADED NOT GUILTY TO 34 COUNTS OF FALSIFYING BUSINESS RECORDS. THOSE COUNTS ARE RELATED TO A 2016 PAYMENT MADE TO ADULT FILM STAR STORMY DANIELS TO KEEP HER QUIET ABOUT AN ALLEGED SEXUAL ENCOUNTER, ALL OF WHICH THE FORMER PRESIDENT HAS DENIED. WE WANT TO GO RIGHT NOW OUTSIDE THE COURTHOUSE, NBC'S VAUGHN HILLYARD IS THERE. VAUGHN, WHAT CAN WE EXPECT NEXT IN THE CASE? >> Reporter: LESTER, THIS IS AN INTENSE THREE HOURS, AND DAVID PECKER WILL TAKE THE STAND TOMORROW AGAIN AFTER TESTIFYING FOR 30 MINUTES HERE BEFORE THIS JURY OF 12 AND 6 ALTERNATES. DAVID PECKER WAS THE FORMER PUBLISHER OF THE "NATIONAL ENQUIRER." HE IS A CRUCIAL WITNESS FOR THE PROSECUTION. HE HAD ALREADY AGREED TO WORK WITH FEDERAL INVESTIGATORS IN THE PAST AND IS NOW ON THE STAND HERE TODAY. HE HAS ALREADY BEGUN HIS TESTIMONY HERE IN WHICH PROSECUTORS HAVE OUTLINED THAT HE WILL DISCUSS A 2015 MEETING BETWEEN MICHAEL COHEN, DONALD TRUMP, AND HIMSELF. THIS WAS JUST TWO MONTHS AFTER HE LAUNCHED HIS PRESIDENTIAL BID. THIS IS WHERE THE THREE OF THESE INDIVIDUALS PROSECUTORS WILL OUTLINE CONCOCTED A CATCH AND KILL SCHEME PLAN TO CATCH SALACIOUS STORIES LIKE THAT OF STORMY DANIELS, WHO IN OCTOBER OF 2016 WHEN SHE CAME FORWARD TO THE "NATIONAL ENQUIRER," THE "NATIONAL ENQUIRER" IN TURN CONTACTED MICHAEL COHEN WHO THEN PAID HER $130,000 JUST TWO WEEKS BEFORE THE 2016 ELECTION. THE D.A.'S OFFICE FROM DISTRICT ATTORNEY ALVIN BRAGG'S TEAM HAVE OUTLINED HERE OVER THE COURSE OF 45 MINUTES IN OPENING STATEMENTS THAT THEY INTEND TO SHOW THAT THERE IS A CONSPIRACY, THAT DONALD TRUMP DIRECTED THE PAYMENTS IN 2016 WEEKS BEFORE THE ELECTION TO STORMY DANIELS, AND THAT HE WOULD THEN IN TURN IN 2017 REIMBURSE MICHAEL COHEN FOR THOSE PAYMENTS. THE WHAT DID DONALD TRUMP KNOW AND DIDN'T KNOW IS AT THE HEART OF THIS CASE. BACK IN 2016 WHEN THIS CASE BECAME PUBLIC, HE INITIALLY DENIED THAT HE WAS AWARE OF THE STORMY DANIELS PAYMENT OF $130,000, BUT WHAT YOU ARE HEARD FROM HIS DEFENSE TEAM WHEN THEY TOOK THE OPPORTUNITY TO PUT FORWARD THEIR OPENING STATEMENTS OVER 35 MINUTES, HIS DEFENSE LAWYER OUTLINED THAT DONALD TRUMP WAS A SYMPATHETIC FIGURE IN THIS, THAT HE DID NOT COMMIT ANY CRIME, THAT HE COMPENSATED MICHAEL COHEN AS HIS PERSONAL LAWYER, THAT IT WAS NOT A REPAYMENT TO COVER UP THE STORMY DANIELS' STORY BEFORE THE 2016 ELECTION, BUT HE WAS SIMPLY PAYING HIM AS HIS PERSONAL LAWYER. HE TOLD THE JURY -- THIS WAS DONALD TRUMP'S ATTORNEY -- THAT THEY SHOULD IGNORE THE TESTIMONY FROM THE LIKES OF STORMY DANIELS WHEN SHE TAKES THE STAND SAYING YOU'RE GOING TO HEAR SALACIOUS MATERIAL ABOUT ALLEGED AFFAIRS AND AN ATTEMPTED HUSH MONEY PAYMENT, BUT NONE OF THAT MATTERS BECAUSE AT THE HEART OF THIS IS OVER FINANCIAL RECORDS AND THAT DONALD TRUMP WAS NOT THE ONE THAT ULTIMATELY WAS RESPONSIBLE FOR THOSE ACTS. AND SO THIS IS GOING TO BE AN INTENSE FIVE TO SEVEN-WEEK TRIAL HERE. TOMORROW THEY WILL RETURN TO COURT FOR SEVERAL HOURS BEFORE WE LOOK AT OTHER WITNESSES INCLUDING STORMY DANIELS AND OF COURSE, MICHAEL COHEN WHOM THE DEFENSE TEAM FOR DONALD TRUMP ALREADY WAS QUESTIONING THE CREDIBILITY OF SAYING THAT MICHAEL COHEN'S TRUE INTENT HERE IS JUST TO GET DONALD TRUMP AND GET HIM INTO JAIL AFTER THOSE TWO, BEING THE FORMER LAWYER, FORMER FIXER, THE TWO OF THEM PARTED WAYS AS ALL OF THIS CAME TO LIGHT IN 2018. FOR DONALD TRUMP AND HIS PART INSIDE OF THAT COURTROOM FOR LONG PERIODS OF TIME, HE KEPT HIS EYES SHUT, BUT AT OTHER MOMENTS, HE WAS LOOKING AT HIS DEFENSE LAWYER TODD BLANCHE AS HE BEGAN TO MAKE HIS CASE TO THE JURY. AND HE ALSO TURNED AROUND AND LOOKED AT THE GALLERY, LOOKED AT THOSE WHO WERE IN THE ROOM. HE ATTEMPTED TO MAKE EYE CONTACT WITH DAVID PECKER, THAT "NATIONAL ENQUIRER" PUBLISHER WHO WAS A LONG-TIME, ONE-TIME FRIEND OF HIS. THIS FOR HIM IS GOING TO BE A LONG HAUL HERE, BUT ONE THAT COULD ULTIMATELY LEAD TO HIM AND HIS LEGAL FATE EITHER BEING FOUND GUILTY OR INNOCENT OR THE VERY REAL POTENTIAL OF A HUNG JURY. THE FIRST WITNESS TAKE THE STAND IN WHAT IS A MONUMENTAL DAY FOR DONALD TRUMP, THE FORMER PRESIDENT'S CRIMINAL TRIAL. >> DID YOU HEAR ANYTHING FROM THE OTHER SIDE THAT SUGGESTS SOMETHING NEW IN HOW THEY WANT TO FRAME THIS CASE FOR THE JURY? >> Reporter: THE QUESTION WAS ABOUT THE EVIDENCE AND TESTIMONY THAT THE PROSECUTION WAS GOING TO BE ABLE TO BRING FORWARD BECAUSE IF YOU JUST TAKE DAVID PECKER, THAT MAN WHO WAS AT TRUMP TOWER WITH MICHAEL COHEN, WITH DONALD TRUMP, THE QUESTION WAS WHAT KIND OF TESTIMONY AND EVIDENCE WOULD HE BE ABLE TO PROVIDE? BECAUSE HE HAS NEVER DONE A PUBLIC INTERVIEW. HE HAS NEVER PUBLICLY DISCUSSED THIS, BUT WHAT THE PROSECUTION OUTLINED IS THAT THEY HAVE CORROBORATING EVIDENCE THROUGH EMAILS AND TEXT MESSAGES AND PHONE CALLS. THEY EVEN HAVE GOING BACK TO OCTOBER 26th OF 2016 A PHONE CALL, TWO PHONE CALLS THAT TOOK PLACE BETWEEN DONALD TRUMP AND MICHAEL COHEN IN WHICH THEY ALLEGE THAT MICHAEL COHEN JUST AFTER THOSE PHONE CALLS WENT TO A BANK, SET UP A BANK ACCOUNT IN THE FOLLOWING DAY, WIRED $130,000 TO STORMY DANIELS. SO THE PROSECUTION IS MAKING THE CASE THAT THIS IS MORE THAN JUST THE TESTIMONY OF MICHAEL COHEN BUT WE HAVE THE RECORDS. THE QUESTION IS DO THEY HAVE ENOUGH TO MAKE DONALD TRUMP THE TRUE CRIMINAL DEFENDANT HERE AS HIS DEFENSE TEAM HAS MADE THE CASE, LESTER, THAT THIS WAS A MATTER OF FINANCING AND THAT THOSE IN THE TRUMP ORGANIZATION WHO WERE RESPONSIBLE FOR KEEPING THOSE FINANCIAL RECORDS, IT WAS INCUMBENT ON THEM ON HOW THOSE RECORDS WERE ACTUALLY MAINTAINED AND THAT LEGAL EXPENSE, WHICH IS AT THE HEART OF THE FINANCIAL FRAUD ALLEGATIONS THAT ARE BEING MADE AGAINST DONALD TRUMP HERE, THAT THOSE DENOTATIONS OF LEGAL EXPENSES WERE FAIR AND JUST BECAUSE THAT IS WHAT DONALD TRUMP THOUGHT THAT HE WAS ACTUALLY USING MICHAEL COHEN FOR AND THAT THE IDEA OF REPAYING HIM FOR A HUSH MONEY PAYMENT WAS NOT AT THE FOREFRONT OF DONALD TRUMP'S MIND WHILE HE WAS SITTING IN THE OVAL OFFICE THROUGHOUT THE YEAR OF 2017. >> ALL RIGHT, VAUGHN, I'M GOING TO ASK YOU TO STAND BY. LET ME BRING IN FOR MORE, OUR SENIOR WASHINGTON CORRESPONDENT HALLIE JACKSON, AND NBC NEWS LEGAL ANALYST, DANNY CEVALLOS. GOOD TO HAVE YOU BOTH HERE. HALLIE, FIRST OFF, FRAME WHAT WE HAVE HEARD TODAY. >> THE PROSECUTION IS ESSENTIALLY LOOKING TO LAY OUT THE CASE, AND YOU HEARD THIS COME UP A COUPLE OF TIMES IN THE OPENING STATEMENTS TODAY, THAT THIS GOES BEYOND SIMPLY WHAT WE ALL SHORTHAND IT AS THE HUSH MONEY TRIAL, THAT THIS WAS ABOUT ELECTION INTERFERENCE. THEY DID SOMETHING INTERESTING, THEY TOOK THIS PHRASE THAT IN MANY WAYS THE FORMER PRESIDENT HAS CO-OPTED, THIS IDEA OF ELECTION FRAUD AND THEY TRIED TO FLIP IT AND USE IT AGAINST DONALD TRUMP IN THESE OPENING STATEMENTS, DESCRIBING WHAT HE DID AS ILLEGAL ELECTION FRAUD, THAT HE TRIED TO COVER UP ALONG WITH MICHAEL COHEN AND DAVID PECKER THIS, YOU KNOW, MONEY TO COVER UP AN ALLEGED SEX SCANDAL. WHAT THE DEFENSE DID WAS TRY TO TAKE THAT BACK. YOU HEARD THIS VERY INTERESTING LINE FROM TODD BLANCHE, THE LEAD ATTORNEY THERE FOR THE FORMER PRESIDENT WHO SAID SPOILER ALERT, THERE'S NOTHING WRONG WITH TRYING TO INFLUENCE AN ELECTION. IT'S CALLED DEMOCRACY. KIND OF AN EXTRAORDINARY LINE TO HEAR FROM THE FORMER PRESIDENT'S TEAM, AND SO THE DEFENSE CAME BACK, BLANCHE SAID THAT, BUT ALSO TRIED TO MAKE DONALD TRUMP SEEM SUPER RELATABLE. THAT WAS STRIKING AT SEVERAL MOMENTS FOR THE DEFENSE'S OPENING STATEMENTS TALKING ABOUT, SURE, HE'S THE FORMER PRESIDENT, BUT HEY, HE'S JUST LIKE US. HE'S A FATHER. HE'S A HUSBAND, YOU KNOW, WE'RE ALL NEW YORKERS HERE. WE ALL GET IT. TRYING TO ESTABLISH THAT PERSONAL RELATIONSHIP WITH THE JURY IN HOPES THAT THAT COULD SERVE THE DEFENSE TEAM OVER THE COURSE OF THE NEXT SIX WEEKS THERE. WHAT I'M GOING TO BE WATCHING FOR, YOU ASKED ABOUT WHAT COULD BE NEW HERE, AND YOU HEARD VAUGHN ALLUDE TO SOME OF THIS, THE PROSECUTION HAS RECEIPTS. THEY'RE ALLUDING TO A TAPE WITH THE FORMER PRESIDENT'S VOICE ON IT. THEY'RE ALLUDING TO A PHOTOGRAPH FROM THE OVAL OFFICE OF DONALD TRUMP WITH MICHAEL COHEN. THEY'RE GOING TO TRY TO PROVE THAT MICHAEL COHEN, STORMY DANIELS, THAT THE PAPER DOCUMENTS, THE EVIDENCE, THE PAPER TRAIL PROVES THEIR CASE. >> SO DANNY, THEY'RE GOING TO SAY, THE DEFENSE IS GOING TO SAY THERE'S NO CRIME HERE? >> THEY'RE GOING TO DO THAN THAT. THEY ACTUALLY OPENED WITH HE'S INNOCENT. WHICH IS AN INTERESTING CHOICE OF WORDS. INNOCENCE IS NOT DETERMINED AT CRIMINAL TRIAL, GUILTY OR NOT GUILTY. SOMETIMES IF YOU FEEL THAT YOUR CASE IS PARTICULARLY STRONG, YOU MAY TRY TO ESSENTIALLY ARGUE INNOCENCE TO THE JURY. MY CLIENT IS SO NOT GUILTY THAT HE'S INNOCENT, AND THEY ESSENTIALLY OPENED WITH THAT. WE ALREADY GOT A PREVIEW AND THERE WERE NO SURPRISES. THEY'RE GOING TO POINT TO MICHAEL COHEN AS SOMEBODY WHO IS NOT CREDIBLE. THEY'RE GOING TO POINT TO STORMY DANIELS AS SOMEONE WHO IS NOT CREDIBLE, ALTHOUGH YOU COULD ARGUE THAT STORMY DANIELS IS ALMOST NOT NECESSARY AS A WITNESS IN THIS CASE. HER INVOLVEMENT IS KIND OF TANGENTIAL. THE AFFAIR ITSELF IS NOT CRITICAL TO WHETHER OR NOT IT ACTUALLY HAPPENED FOR THIS CASE. SO REALLY WHAT WE GOOD PREVIEW OF IS EXACTLY WHAT WE EXPECTED FROM THE PROSECUTION. THEY GOT OUT IN FRONT OF WHAT THEY CONSIDER THEIR MICHAEL COHEN ISSUE, THAT HE MIGHT HAVE CREDIBILITY RN ISSUES. IN THE SPECTRUM OF COOPERATING WITNESSES, MICHAEL COHEN, WHO IS NOT TECHNICALLY A COOPERATING WITNESS, HE'S PROBABLY ON THE LOW END OF LACK OF CREDIBILITY. MOST COOPERATES WITNESSES ARE BROUGHT IN FROM THE PRISON IN SHACKLES, AND THEY HAVE TONS OF ISSUES WITH CREDIBILITY AND CRIMINALITY. BUT AS THE PROSECUTION WILL SAY, AS THEY ALWAYS SAY, IT'S A STANDARD LINE, WE DIDN'T CHOOSE THIS WITNESS. THE DEFENDANT CHOSE THIS WITNESS. BUT, YOU KNOW, AS THIS -- THE OPENINGS COME TO A CLOSE, I THINK ALL EYES ARE ON THE STAR WITNESS, AND I DON'T THINK I MEAN MICHAEL COHEN ANYMORE. I THINK DAVID PECKER IS GOING TO BE A CRITICAL WITNESS BECAUSE, NUMBER ONE, HE CORROBORATES MICHAEL COHEN. HE ESTABLISHES THE ALLEGED CONSPIRACY, AND HE CORROBORATES A LOT OF DIFFERENT DOCUMENTS THAT ARE GOING TO SUPPORT WITNESSES LIKE MICHAEL COHEN. THE GOVERNMENT, THE PROSECUTION HAS A WAY OF MAKING MICHAEL COHEN'S LACK OF CREDIBILITY A MINIMAL ISSUE, AND IT LOOKS LIKE THEY'RE GOING RIGHT IN THAT DIRECTION. >> THE PROSECUTION MADE AN EFFORT TO POINT OUT THAT DAVID PECKER HAD BROUGHT A LAWYER TO THE COURTROOM WITH HIM. IS THERE SOME STRATEGY IN THAT? >> NOT NECESSARILY. WHAT YOU WANT TO DO IS IF YOU'RE THE STATE AND YOU HAVE A COOPERATING WITNESS, YOU DON'T WANT TO LOOK LIKE YOU'RE TOO HAND IF HAND WITH THAT WITNESS. I'LL GIVE YOU SOME OF THE STANDARD LINES AS A DEFENSE ATTORNEY THAT YOU'RE GOING TO HIT THAT COOPERATING WITNESS WITH, WHICH IS ESSENTIALLY FRAME THEM AS DOING ANYTHING THEY CAN TO PLEASE THEIR CAPTORS AND THEIR CAPTORS ARE THE GOVERNMENT WHO HAVE OFFERED THEM A DEAL. THEY'VE GOTTEN HAND IN HAND WITH THE DEVIL. THEY'RE TOO COZY WITH PROSECUTORS. THIS IS A COMMON THEME WHEN YOU'RE ATTACKING CORROBORATING WITNESSES OR PEOPLE TESTIFYING FOR THE GOVERNMENT. THE STATE WILL HAVE PREPARED THEIR WITNESSES FOR THIS. THEY'LL HAVE AN ANSWER FOR THAT IN CROSS EXAMINATION, THAT'S PROBABLY WHAT YOU'LL SEE. >> I WANT TO GO BACK TO VAUGHN FOR A MOMENT. WE KNOW THE FORMER PRESIDENT HAD MENTIONED A COUPLE OF TIMES THAT HE WOULD TESTIFY. I ASSUME THAT DECISION OFFICIALLY IS STILL WEEKS AWAY, BUT WHAT DO WE KNOW ABOUT THAT? >> Reporter: RIGHT, DONALD TRUMP'S CREDIBILITY, LESTER, IS GOING TO BE CRITICAL HERE FOR THIS JURY WHEN THEY'RE DETERMINING THE EXTENT TO WHICH HE IS GUILTY OR INNOCENT HERE. AND YOU SAID TWO TIMES NOW ALREADY IN THE LAST WEEK HE HAS MADE CLEAR THAT HE WOULD TESTIFY IN HIS OWN DEFENSE, BUT THERE ARE NUMEROUS QUESTIONS THAT DONALD TRUMP HAS NEVER PUBLICLY OR PRIVATELY, INCLUDING INSIDE OF A COURTROOM, ANSWERED WHEN IT COMES TO THE SPECIFICS OF THIS CASE. AND ONE OF THOSE COMES DOWN TO THE FACT THAT IN JANUARY OF 2018, THAT IS WHEN THE WALL STREET JOURNAL FIRST REPORTED ABOUT THE MICHAEL COHEN AND STORMY DANIELS $130,000 ARRANGEMENT, MORE THAN A YEAR INTO HIS PRESIDENCY, JANUARY OF 2018, WHEN DONALD TRUMP WAS FIRST ASKED ABOUT IT IN APRIL OF 2018 ON AIR FORCE ONE, HALLIE WAS COVERING HIS WHITE HOUSE AT THE TIME. DONALD TRUMP WAS ASKED SPECIFICALLY, DID YOU KNOW ABOUT THE $130,000 PAYMENT TO STORMY DANIELS. DONALD TRUMP REPLIED NO. HE THEN WENT ON TO SAY, QUOTE, YOU'LL HAVE TO ASK MICHAEL COHEN. MICHAEL IS MY ATTORNEY. YOU'LL HAVE TO ASK MICHAEL, AND SO DONALD TRUMP WILL HAVE TO WEIGH KNOWING THAT HE WILL GET THESE QUESTIONS AND DEPENDING ON WHAT THE PROSECUTION HAS IN TERMS OF EVIDENCE AND TESTIMONY FROM THE LIKES OF DAVID PECKER, THAT THEY ARE GOING TO BE ABLE TO REPLAY THOSE VERY COMMENTS FROM DONALD TRUMP IN 2018 AND PUT THEM SIDE BY SIDE TO COMMENTS THAT HE MADE IN 2016. ONE OTHER NOTE ON HIS CREDIBILITY, THERE IS A MAJOR DECISION EARLIER THIS MORNING AS WELL BY THE JUDGE. JUDGE MERCHAN MADE THE DETERMINATION THAT THE PROSECUTION WILL BE ABLE TO INTRODUCE TO THE JURY PREVIOUS TRIAL DETERMINATIONS AGAINST DONALD TRUMP, NAMELY TWO OF THOSE BEING IN JUST THE LAST YEAR, THE E. JEAN CARROLL DEFAMATION CASE AS WELL AS THE CIVIL FRAUD TRIAL IN WHICH JUDGE ENGORON JUST THIS YEAR FOUND THAT HE AND THE TRUMP ORGANIZATION HAD ENGAGED REPEATEDLY IN FINANCIAL FRAUD. THOSE CASES WHICH THE JUDGE IS GOING TO ALLOW THE PROSECUTION TO BRING FORWARD IN FRONT OF THE JURY WILL ALLOW THEM TO TELL THE JURY THAT DONALD TRUMP'S CREDIBILITY AND HIS PENCHANT FOR LYING AND NOT BEING WHOLLY TRUTHFUL ARE GOING TO BE KEY TO UNDERSTANDING THAT DONALD TRUMP'S DEFENSE AND HIS LEGAL TEAM'S DEFENSE ARE NOT ALL THAT CREDIBLE WHEN YOU LOOK AT HIM IN THE ENTIRETY OF THE LAST DECADE THAT STARTED IN AUGUST 2015, WHEN THAT TRUMP TOWER MEETING WHICH DONALD TRUMP HAS NOT PUBLICLY COMMENTED ON, ALL THE WAY INTO 2017 WHEN DAVID PECKER, THE "NATIONAL ENQUIRER" PUBLISHER WAS INVITED TO THE WHITE HOUSE FOR A DINNER THAT THE D.A.'S OFFICE SAYS WAS ARRANGED FOR DONALD TRUMP, THE THEN PRESIDENT, TO THANK DAVID PECKER FOR HIS EFFORTS TO SQUASH THOSE SALACIOUS STORIES FROM KAREN McDOUGAL AND STORMY DANIELS. >> WE'RE SEEING FORMER PRESIDENT TRUMP, THERE HE IS, OUTSIDE THE COURTHOUSE OR OUTSIDE THE COURTROOM. HE'S PREPARING TO LEAVE AS HE OFTEN DOES. HE ADDRESSES THE CAMERAS GATHERED THERE. DANNY, LET ME BRING YOU BACK INTO THE CONVERSATION. THERE IS ANOTHER MATTER THAT THE FORMER PRESIDENT FACED. THAT'S THE QUESTION OF THE GAG ORDER AND WHETHER HE HAS RECENTLY VIOLATED THAT. THAT'S GOING TO COME BACK UP TOMORROW, CORRECT? >> YES, AND LAST WEEK I SUSPECT THAT JUSTICE MERCHAN SAID IT FOR MORE THAN A WEEK OUT BECAUSE OF A COUPLE DIFFERENT REASONS. NUMBER ONE, HE HAD HUNDREDS, IF NOT THOUSANDS, OF POTENTIAL JURORS TO GET THROUGH, AND HE WANTED TO GET THE PARTY STARTED. WHEN YOU THINK ABOUT IT, BACK THEN, MONDAY MORNING -- MONDAY MORNING LAST WEEK WAS MIRED IN ARGUMENTS AND MOTIONS AND I SUSPECT THE JUSTICE WANTED TO JUST PUSH IT OFF TO NEXT WEEK SO THEY COULD GET THROUGH JURY SELECTION, AND THEN ALSO, THERE WAS ALWAYS THE POSSIBILITY THAT BY THAT NEXT WEEK, BY TOMORROW THERE WOULD BE MORE VIOLATIONS OF THE GAG ORDER, AND THEY COULD PROBABLY JUST BE CONSOLIDATED. BUT AT THE TIME, IT WAS APPROXIMATELY SEVEN CLAIMED VIOLATIONS. THAT HEARING WILL GO ON TOMORROW, AND HERE'S WHAT I SUSPECT. LOOK FOR THE PEOPLE, THE PROSECUTORS, TO ASK FOR MINIMAL PENALTIES AT THE OUTSET. A LOT OF FOLKS SAY A THOUSAND DOLLARS, WHAT DOES THAT MATTER TO DONALD TRUMP? WELL, THESE VIOLATIONS AND THE PUNISHMENTS ARE INCREMENTAL. REALLY WHAT THEY'RE DOING IS SETTING A FLOOR. SURE, START HIM OUT WITH A THOUSAND DOLLARS, $5,000, IT DOESN'T MATTER, BUT THIS SPECTRUM, THIS PATH STARTS FROM ADMONITIONS. IT GOES TO FINES, AND EVENTUALLY, AT THE END OF THE ROAD IS INCARCERATION FOR SOMEBODY WHO VIOLATES OR IS HELD IN CONTEMPT BY THE COURT. NOW, THAT WOULD BE A MONUMENTAL DECISION AND A DIFFICULT DECISION BY THE JUDGE, BUT I THINK THE STATE IS SHOWING THAT THEY WANT TO MOVE IN INCREMENTS BUT THAT THEY WILL CONTINUE TO MOVE IF THERE ARE VIOLATIONS OF THE GAG ORDER. >> HALLIE, HOW IS THIS AFFECTING THE RACE FOR PRESIDENT? THE FORMER PRESIDENT LIKES TO MENTION THAT HE WOULD OTHERWISE BE OUT CAMPAIGNING RIGHT NOW. >> WE'RE SEEING SOME OF THE RUBBER MEET THE ROAD ON THAT FRONT. COURT IS NOT IN SESSION ON WEDNESDAY. HE COULD DO CAMPAIGN EVENTS ON THOSE DAYS OR THE WEEKEND. THIS PAST WEEKEND HE WAS SUPPOSED TO HAVE A CAMPAIGN RALLY. IT WAS ESSENTIALLY A WASHOUT, RAINED OUT, IT HAD TO BE CANCELED BECAUSE OF WEATHER. WHICH IS AN INDICATION SOMETIMES THINGS JUST POP UP. IT'S NOT ALWAYS IN YOUR CONTROL WHEN YOU'RE A PRESIDENTIAL CANDIDATE. TO GET REAL INSIGHT ON HOW THIS CASE WILL AFFECT HIM IN THE GENERAL ELECTION. REMEMBER, IN THE PRIMARY, ALL OF HIS LEGAL ISSUES WERE A BOON TO HIM. IT RALLIED HIS REPUBLICAN BASE AROUND HIM AND HELPED HIM GET THAT PRESUMPTIVE GOP NOMINATION ALL BUT LOCKED UP HERE. WHAT HAPPENS IN A GENERAL ELECTION. WE MAY NOT KNOW FOR A BIT YET. WE CAN LOOK AT NUMBERS OUT PR OUR NBC NEWS POLLING SHOWING THAT ABOUT 50% OF PEOPLE, AND THIS IS POLLING IN JUST THE LAST 24 HOURS, BELIEVE THAT THE FORMER PRESIDENT IS BEING TREATED FAIRLY BY THE SAME STANDARD OF LAW AS YOU OR ME OR ANYBODY ELSE. 43% DISAGREE. THEY BELIEVE THAT DONALD TRUMP IS BEING TREATED UNFAIRLY, SEEMING TO ECHO WHAT HE HAS BEEN SAYING ALL ALONG THAT HE IS IN MANY WAYS THE VICTIM OF POLITICAL PERSECUTION. THE CONVERSATION YOU WERE JUST HAVING WITH DANNY ABOUT THAT GAG ORDER, THE FORMER PRESIDENT SEIZED THAT THROUGH THE LENS THROUGH WHICH HE SEES SO MANY OF HIS LEAGUE PROBLEMS AS AN ISSUE OF UNFAIRNESS AGAINST HIM. HE HAS SAID THIS ON TRUTH SOCIAL, THIS ISN'T FAIR, THEY CAN TALK ABOUT ME BUT I CAN'T TALK ABOUT THEM. HE HAS RAILED AGAINST THAT AGAIN AND AGAIN. KEEP IN MIND, IT'S A PARTIAL GAG ORDER. HE DOES HAVE THE ABILITY TO SPEAK AGAINST THE JUDGE OR MAKE COMMENTS IN A CAMPAIGN RALLY SETTING RELATED TO THAT, BUT THE POLITICAL IMPOLITICAL OCCASIONS I THINK ARE GOING TO BE REALLY TOLD, WHEN WE DO GET A VERDICT AND WE GET POLLING IN THE FIELD AFTER THAT. >> WE SAW FORMER PRESIDENT TRUMP ADDRESSING THE CAMERAS A MOMENT AGO. ANY IDEA WHAT HE SAID? >> Reporter: YEAH, HE'S STILL ADDRESSING THE CAMERAS IN REALTIME, AND HE I SHOULD NOTE OVER THE LAST WEEK THROUGH JURY SELECTION WOULD OFTEN GIVE ABOUT FIVE, 15 SECONDS OF QUICK REMARKS OR COMMENTS TO THE PRESS, BUT THIS IS HIS MOST PROLONGED COMMENTARY WE HAVE SEEN YET. AND LARGE AMOUNT OF IT HAS SO FAR BEEN FOCUSED ON MICHAEL COHEN, OF COURSE WHO WAS HIS LONG-TIME PERSONAL LAWYER, AND HE IS UNDERCUTTING MICHAEL COHEN'S REPUTATION. WE SHOULD NOTE THAT, IN FACT, IT WAS CAMPAIGN FINANCES VIOLATIONS THAT WERE PART OF WHAT LED TO A GUILTY PLEA FROM MICHAEL COHEN BACK IN 2018 WHILE DONALD TRUMP WAS SERVING AS PRESIDENT, AND IT WAS A LONG-STANDING DOJ POLICY TO NOT PROSECUTE A SITTING PRESIDENT OF THE UNITED STATES. BUT THAT IS WHEN MICHAEL COHEN FOR THE ACTS THAT HAVE BEEN ALLEGED AS PART OF THE ACTUAL HUSH MONEY SCHEME, LED TO MICHAEL COHEN SERVING PRISON TIME. AND MICHAEL COHEN HAS BEEN VERY PUBLIC AND VOCAL IN THE YEARS SINCE ABOUT HIS FRUSTRATIONS AS TO WHY PROSECUTORS AFTER DONALD TRUMP LEFT THE WHITE HOUSE, GO AFTER DONALD TRUMP FOR THE ALLEGED CRIMES, AND NOW WHAT YOU ARE HEARING IS MICHAEL COHEN WITH THE EXPECTATION THAT HE IS GOING TO BE A WITNESS, YOU'RE HEARING DONALD TRUMP CALL INTO QUESTION HIS CREDIBILITY AND SOMEBODY WHO ONLY HAS THE INTENT OF UNDERCUTTING HIM NOW THROUGH THIS PROCESS. >> VAUGHN, THANKS VERY MUCH, SO THE OPENING STATEMENTS ARE DONE. THE FIRST WITNESS ON THE STAND TODAY, THAT CONCLUDES THIS NBC NEWS SPECIAL REPORT.
