>>> SO TODAY WE FINALLY GOT THE LONG-AWAITED RULING ON WHETHER OR NOT DONALD TRUMP VIOLATED THE GAG ORDER IN HIS NEW YORK ELECTION INTERFERENCE CASE. PROSECUTORS FLAGGED 10 INSTANCES THAT THEY SAID RAN AFOUL OF THE JUDGES ORDER. MOST OF THE POSTS ATTACK MICHAEL COHEN, CITING A NEW YORK POST ARTICLE CALLING HIM A SERIAL PER JUROR. OTHERS GO AFTER STORMY DANIELS. TODAY THE JUDGE AGREED WITH THE PROSECUTION ON NINE OF THOSE 10 INSTANCES. JUDGE MERCHAN FINDING DONALD TRUMP IN CONTEMPT OF COURT AND ORDERING HIM TO DELETE THE POSTS BY 2:15 THIS AFTERNOON, WHICH HE DID. HE IS ALSO TO PAY $9000 BY FRIDAY AND IF HE DOES IT AGAIN THE JUDGE WARNED THAT THE COURT WILL NOT TOLERATE CONTINUED, WILLFUL VIOLATIONS OF ITS ORDERS AND IF NECESSARY AND APPROPRIATE UNDER THE CIRCUMSTANCES IT WILL IMPOSE AN INCARCERATION PUNISHMENT. >> HARRY, YOU'RE SAYING SOMETHING WHEN I CUT YOU OFF BEFORE WE WENT TO BREAK. DO YOU REMEMBER WHAT IT WAS? >> NO, BUT YOU BURIED THE LEAD, BECAUSE THIS WAS THE FIRST TIME TRUMP IS HEARD, NEXT TIME YOU ARE GOING IN. WHAT PRECEDED THIS WAS MERCHAN SAYING THIS MONEY WAS NOT EFFECTIVE AND REALLY HE HAS NOW RAISED THE MONEY AND SAYS NEXT TIME I'M COMING DOWN. >> YOU MADE THE POINT THAT THE $1000 FINE IS PRESCRIBED BY NEW YORK LAW. JUDGE, YOU WERE WITH US AND YOU MADE A POINT THAT A LOT OF PEOPLE TOOK A LOT OF NOTICE OF AND I HAVE HEARD BACK FROM FOLKS WHO TALKED ABOUT THE POINT YOU MADE IN THIS AREA. YOU CAN SAY THAT THERE IS GOING TO BE JAIL TIME AND I WILL NOT TELL YOU HOW MUCH IT IS OR WHERE IT IS UNTIL AFTER THE TRIAL SO YOU TRY TO GET THIS DISINCENTIVE EFFECT. WHAT DO YOU THINK OF THE RULING BY JUDGE MERCHAN TODAY? >> THE JUDGE WAS TOTALLY WITHIN HIS DISCUSSION. HE FOUND NINE VIOLATIONS, BUT THERE IS A BIT OF A DILEMMA AND IT IS ANOTHER CONTEMPT HEARING COMING UP ON THURSDAY AND THAT IS FOR MORE ALLEGED VIOLATIONS. SO IF THE JUDGE FINDS ALL OF THOSE WERE IN FACT VIOLATIONS OF HIS GAG ORDER, I THINK MOST PEOPLE WOULD THINK THEN HE IS GOING TO SEND THEM -- SEND HIM TO JAIL. HE REALLY CAN'T BECAUSE WHAT HE SAID TODAY WAS GOING FORWARD IF THERE ARE VIOLATIONS. THESE PRECEDED IT, SO WE WILL HAVE 13 OR 14 VIOLATIONS, LIKELY WITH MORE FINES. SO HAVE THE JUDGE HAD THE VIOLATIONS AND PUT THEM ALTOGETHER AND HAD ONE HEARING, I THINK WE WOULD HAVE A DIFFERENT SITUATION WHERE THE JUDGE PROBABLY WOULD BE INCLINED TO SAY THAT'S ENOUGH. YOU ARE GOING IN. >> THAT IS A GREAT POINT AND AN IMPORTANT ONE BECAUSE SUBSEQUENT VIOLATIONS DON'T COUNT. I WANT TO ENTER INTO THE RECORD SOME OF THE POSTS BY THE DEFENDANT IN THIS CASE, WHICH AGAIN THIS IS ALL VERY UNUSUAL. THIS REALLY DOESN'T HAPPEN. THE JUDGE HAS TAKEN AWAY MY CONSTITUTIONAL RIGHT TO FREE SPEECH. I AM THE ONLY PRESIDENT IN HISTORY TO BE GAGGED. THIS TRIAL IS RIGGED BY TAKING AWAY MY FREEDOM OF SPEECH. THE HIGHLY CONFLICTED JUDGE IS RIGGING THE ELECTION. HE ALSO SAID THIS IS A TOTAL WITCHHUNT. HOURS OF SITTING DOWN AND LISTEN TO NOTHING EXCEPT EXONERATION AND LIES. THE TRIAL IS GOING LIKE A SPEEDING BULLET BECAUSE HE IS WORKING HARD TO MAKE ALL HIS FRIENDS HAPPY. >> THIS IS TODAY. >> THIS IS TODAY. ONE THING HE SAYS AND WE HAVE MADE THE STROKE BEFORE THAT IT IS GOING TOO FAST AND TOO SLOW. HE IS SITTING THERE SO MUCH, BUT IT IS GOING SO FAST. TWO THINGS TO BRING UP. ONE IS THE THING WE DISCUSSED, WHICH IS THE REFUSAL TO STIPULATE IS ELONGATING THE TRIAL TIME, RIGHT? >> ABSOLUTELY. IT'S HARD TO SEE HOW IT COULDN'T. THE FACT THAT YOU HAVE TO BRING IN THE GUY WHO IS THE HEAD OF THE C-SPAN ARCHIVES TO GO THROUGH THE PROCESS BY WHICH C- SPAN RECORD SPEECHES AND MAKE THE JURY SIT THROUGH THAT, TOO. AND IMAGINE HOW MANY MORE TIMES WE MIGHT HAVE TO GO THROUGH SIMILAR THINGS FOR OTHER VIDEOS, FOR EXAMPLE. IT CAN'T HELP BUT ELONGATE THE TRIAL AND THIS IS A GUY BLAMING ALVIN BRAGG FOR KEEPING THEM OFF THE CAMPAIGN TRAIL WHEN HE AND HIS LAWYERS HAVE MADE CHOICES THAT ARE KEEPING HIM THERE FOR LONGER. >> NOT ONLY THAT, TO FOLLOW-UP HE DOES NOT APPEAR TO ENJOY HIMSELF. I DON'T IMAGINE I WOULD, EITHER. I DON'T THINK THIS IS A CHARACTER FLAW. HE DOES A LOT OF RESTING HIS EYES. WE CAN'T SAY WHAT IS GOING ON. SAYING THE ROSARY IN HIS HEAD, REVELRY ABOUT CAMPAIGN SPEECHES OR FALLING ASLEEP, WHATEVER IT IS, HIS EYES ARE CLOSED A LOT IN THAT ROOM. >>'S EYES ARE CLOSED A LOT AND, TO ME, HE APPEARS TO BE ADDRESSED FOR CONSIDERABLE PERIODS OF TIME. I SPEND A LOT OF TIME WITH MY NOSE IN MY PHONE OR COMPUTER AT THE COURTHOUSE, TRYING TO TRANSCRIBE OR CAPTURE MOMENTS FOR YOU AND OUR OTHER COLLEAGUES, BUT EVERY TIME I LOOKED UP TODAY, PARTICULARLY DURING THE FIRST PART OF THE DAY, DONALD TRUMP'S EYES WERE CLOSED. HE COULD HAVE BEEN MEDITATING, HE COULD HAVE BEEN NAPPING. THAT IS NOT FOR ME TO SAY OTHER THAN HE APPEARED TO BE ADDRESSED. >> I BROUGHT BINOCULARS. HE WAS UNDER. >> JUDGE, LET ME ASK YOU THIS QUESTION. THE PACING OF THE TRIAL SO FAR, I WANT TO GET YOUR SENSE OF HOW YOU THINK IT IS GOING. OBVIOUSLY THERE IS THE FACT THAT DEFENSE WILL NOT STIPULATE TO THESE RECORDS. AFTER BRING IN EXPERTS. WHAT DO YOU THINK ABOUT THE PACING SO FAR? >> SO IT IS REALLY THE JOB OF THE JUDGE TO MAKE SURE THE TRIAL IS MOVING ALONG AND I KNOW WHEN I WAS ON THE BENCH AND HAD JURY TRIALS, I WAS ALWAYS LOOKING AT THE JURORS AND THEY WERE LOOKING AT ME, TOO, TO SEE IF THEY WERE WITH US. IF I SAW THEM NODDING OFF WE WOULD TAKE A RECESS. SO I BELIEVE THE PACE IS GOOD. THESE JURORS ARE GENERALLY INTERESTED IN WHAT IS GOING ON IN THE COURTROOM AND I THINK IT IS TRUE. THERE MAY BE A FEW EXCEPTIONS. THEY REALLY WANT TO DO THE WORK AND THEY ARE PAYING ATTENTION TO WHAT IS GOING ON AND THEY KNOW THAT THIS IS IMPORTANT. AND IF I COULD SAY ONE THING ABOUT THE FINES THAT JUDGE MERCHAN IMPOSED. I PUT OUT A CALL TO NEW YORK LEGISLATORS. THEY NEED TO AMEND THE STATUTE THAT PUNISHES CRIMINAL CONTEMPT IN NEW YORK. IT IS RIDICULOUS NOW TO HAVE A MAXIMUM FINE OF $1000 PER VIOLATION. IT WAS PROBABLY RIGHT AT THE TIME, BECAUSE I DON'T THINK THEY EVER ENVISION HAVING SOMEBODY REALLY WEALTHY JUST BLATANTLY IGNORE THE ORDERS OF THE COURT. SO I HOPE THAT HAPPENS SOONER THAN LATER. >> ON THE POINT OF JURIES, IF YOU WILL INDULGE ME IT IS THE CASE THAT PEOPLE'S ABILITY TO PAY ATTENTION FOR LONG PERIODS OF TIME, ALL SORTS OF EMPIRICAL EVIDENCE IS POINTED TO THAT ABILITY SHRINKING. WE UNDERSTAND WHY THAT IS. WE HAVE CONSTANT STIMULUS AND DISTRACTION. THIS IS HAPPENING EVERY DAY AT COURTROOMS ACROSS AMERICA, SO THIS IS A SLICE OF THAT. THE IDEA OF REMAINING ATTEMPTED -- REMAINING ATTENTIVE, FOR EVERYONE IN THE ROOM, IT HAS TAKEN ON A LEVEL OF DIFFICULTY OR STRANGENESS IN THE NORMAL COURSE OF THINGS THAT I AM CURIOUS WHEN YOU CHECK IN ON THE JURY, HOW YOU THINK THEY ARE DOING. >> I ACTUALLY THINK THEY ARE DOING REALLY WELL. THEY ALL HAVE, AS YOU KNOW, AN INDIVIDUAL MONITOR IN FRONT OF THEM AND THAT CERTAINLY HELPS, PARTICULARLY WHEN AN EXAMINATION IS DOCUMENT INTENSIVE, BECAUSE THEIR EYES ARE FIXED ON THE INDIVIDUAL TEXTS BETWEEN DAVIDSON AND HOWARD OR THE EMAILS AND LOOKING INTENTLY AT THE BANK RECORDS THAT OTHER PEOPLE MIGHT BE BORED BY. THEY ARE INTERESTED IN THE DETAILS, BUT THE TECHNOLOGY IS ASSISTIVE IN THAT WAY IN HELPING THEM STAY ENGAGED. THEY ARE CLOSER TO THE PLAYERS THAN ANYBODY ELSE AND THEY HAVE THEIR OWN PERSONAL MONITORS WITH EXHIBITS DEMONSTRATED FOR THEM. THAT HAVING BEEN SAID, I THINK THIS PARTICULAR JURY IS ESPECIALLY ATTENTIVE. MORE ATTENTIVE THAN, FOR EXAMPLE, THE JURIES IN THE E. JEAN CARROLL TRIAL SO I THOUGHT WERE ALSO FAIRLY ATTENTIVE. >> I WOULD SAY IT IS EBBING SOMEWHAT. THE BEST PART OF BEING IN THE COURTROOM, TO REALLY FOCUS. THERE ARE A COUPLE OF JURORS WHO YOU THINK IF HE HAS A SHOT IT WILL HOLD OUT. THEY HAVE COME IN AND OUT AND THE TEXTS WE WERE TALKING ABOUT, YOU CAN SEE THEIR ATTENTION COME FORWARD. BUT IT HAS WANED, I THINK, EVEN IN THE DAYS I'VE BEEN THERE. THEY ARE PRETTY GOOD, BUT THEY ARE NOT AT THE EDGE OF THEIR CHAIRS. THERE IS MUCH LESS NOTETAKING THAN THERE WAS. >> JUDGE LADORIS CORDELL, HARRY LITMAN, LISA REUBEN, GREAT TO HAVE YOU ALL. THANK YOU VERY MUCH. ALSO YOU CAN GET MUCH
