TIMES. THE BEAT STARTS RIGHT NOW. HI, ARI. >> WELCOME TO THE BEAT. TONIGHT, THE NEWS DRIVING THIS TRUMP TRIAL IS SIMPLE. YOU DON'T NEED TO BE A NEWS JUNKIE OR LAWYER TO GRASP WHAT'S DRIVING THE TRIAL AND WHY MANY HAVE MADE HEADWAY WITH THE JURY IN THIS CASE. THE REASON IS RECEIPTS. THIS TRIAL, WHICH IS ABOUT ALL KINDS OF STUFF, IS CURRENTLY WORKING AGAINST TRUMP AS A DEFENDANT BECAUSE THERE ARE JUST SO MANY RECEIPTS. RECEIPTS INCLUDE THE ONSLAUGHT OF E-MAILS AND SECRET TEXTS AND MDAs AND AS I MENTIONED LAST NIGHT, I WAS INSIDE THE COURTROOM YESTERDAY IN ONE OF THE RARE, COVETED REPORTER SEATS AND I CAN TELL YOU WE ALSO SAW ALONG WITH THE JURY, ACTUAL, LITERAL RECEIPTS. WRITTEN CONTRACTS OF THIS WHOLE SORDID SCHEME TO BUY SILENCE OF WOMEN WHO HAD ALLEGATIONS AGAINST TRUMP AND THE ALLEGATIONS THAT HE AND ALLIES DIRECTLY TRIED TO HIDE IN THAT CAMPAIGN YEAR. IT'S A PILE OF PAPERWORK THAT IS ESSENTIALLY BURYING TRUMP'S MAIN DEFENSES. REMEMBER, IN THE FIRST WEEK, TRUMP'S LAWYERS DETAILED THESE CERTAIN TRUMP DEFENSES. THEY WERE BASICALLY FACTUAL DENIALS. I'M REMINDING YOU WHAT THEY SAID. IT'S SIMPLE. THE FIRST TWO ARE THESE DENIALS THAT NOTHING HAPPENED. HE DIDN'T DO IT OR IF ANYTHING HAPPENED, HIS LAWYER, COHEN, DID IT. WELL, THESE RECEIPTS ARE SHREDDING THAT KIND OF DENIAL AND THAT REALLY HELPS THE D.A.'S CASE. IT ALSO DOES SOMETHING STRATEGIC. I'VE TOLD YOU WE'RE GOING TO LIVE THROUGH THIS TRIAL FOREVER. THE FIRST EVER HISTORIC TRIAL OF A FORMER PRESIDENT. AND WE'RE GOING TO LEARN THINGS AS WE GO. SO WHAT WE HEARD A MONTH BACK WAS KIND OF A KIND OF PROJECTION BASED ON SOME EVIDENCE, BUT NOW, WE'RE SEEING HOW IT WORKS AND IT'S INTERESTING. HE COULD KNOW HE COULD STILL SKATE ON A MISTRIAL, A HUNG JURY. BUT I CAN TELL YOU LEGALLY, THE D.A. IS MAKING HEADWAY WITH THAT JURY THAT I WATCHED YESTERDAY. THAT'S BECAUSE THEY'RE DOING SOMETHING STRATEGIC. I'LL TELL YOU RIGHT NOW WHAT IT IS. THE WAY THEY'RE TRYING TO CASE IS HELPING THE JURY SEE THE FACTS, THE CORE FACTS THAT TRUMP HAD THIS HISTORY, THAT HE MADE THESE SORT OF PURCHASES OF SILENCE, THAT HE DID IT FOR CAMPAIGN RELATED REASONS. THEY'RE MAKING THE JURY SEE THOSE KIND OF FACTS AS ARGUABLY PROVEN, AS TRUE BEFORE THEY EVEN HEAR FROM THESE STAR WITNESSES THAT WE ARE TOLD ARE SO IMPORTANT. BIG NAMES THAT EVEN IF YOU DON'T FOLLOW POLITICS, MOST PEOPLE NOW HAVE HEARD OF. LIKE MICHAEL COHEN AND STORMY DANIELS. WHY? WHY WOULD YOU PUT YOUR STAR THAT LATE? WELL, WE ARE SEEING THE STRATEGIC REASON. IF THOSE WITNESSES FOR THE JURY END UP FEELING MORE LIKE AN AFTERTHOUGHT, IF THEY'RE JUST KIND OF THE PROVERBIAL ICING, THEN THE D.A. HAS TO BASICALLY SHOW JURORS WE ALREADY PROVED THIS, RIGHT, AND YOU SAW THE RECEIPTS AND DOUBLE CONNECTIONS. THE LAWYER ON ONE SIDE, THE OTHER SIDE ADMIT THE SAME THING AND YOU SAW THE RECEIPT FOR IT. THE NDA FOR IT AND YOU SAW THAT TRUMP PAID FOR IT. SO THEIR ARGUMENT IN PLAIN ENGLISH TO THE JURY IS IT DOESN'T EVEN MATTER IF TRUMP'S DEFENSE LAWYER ATTACKS SOME OF THOSE WITNESSES. IT DOESN'T MATTER BECAUSE YOU ALREADY KNEW WHAT HAPPENED. IT DOESN'T MATTER TO THE COURT CASE WHICH THE RECEIPTS CONFIRMED IS WHAT THE D.A. ARGUES. AND THE JURY IS SEEING THAT PAPER TRAIL. SO I'M EXPLAINING WHY THIS MATTERS. NOW I'LL SHOW YOU SOME OF THIS LIKE A 2017 E-MAIL FROM A WHITE HOUSE AIDE ASKING FOR SPECIFIC LABELS FOR THE CHECKS THE PRESIDENT JUST SIGNED FOR COHEN. THE SIGNATURE SHOWS IT AND THE KEY AIDES KNEW IT AND THE FUNDS POINT TO THE SAME THING. DONALD TRUMP PAID COHEN BACK FOR AN INFLATED AMOUNT FOR THE SECRET DEALS. THAT'S THE MONEY PART. AS FOR CRIMINAL INTENT, PROSECUTORS WANT TO PROVE TRUMP'S MOTIVATION WAS THIS OFF THE BOOKS. AGAIN, THEY ARE TRYING TO GET THAT PRETTY PROVEN BEFORE COHEN EVER TAKES THE STAND. SO IF COHEN SAYS IT WAS CLEAR TO HIM THAT THIS WAS TO DO A CAMPAIGN CRIME AND DO IT OFF THE BOOKS AND THAT'S WHAT HE PLED GUILTY TO AND THE TRUMP LAWYERS SAY WHO BELIEVES THIS GUY AND HERE'S THE REASONS YOU SHOULDN'T, THE JURY WILL BE TOLD THROUGH THE RECEIPTS AND EVERYTHING ELSE, YOU DON'T NEED COHEN FOR THIS. REMEMBER, EVERYTHING WE SHOWED YOU IN THE BEGINNING OF THE TRIAL LIKE OTHER THINGS IN LIFE, A LOT OF PEOPLE FEEL LIKE WHATEVER THEY GET FIRST IS MORE IMPORTANT. NOW, ON THE CAMPAIGN PART, TRUMP AND CLINTON BOTH CLINCHED THEIR PARTY'S NOMINATIONS IN JUNE. CAMPAIGN POLITICS STRETCHED FROM JUNE ALL THE THROUGH OCTOBER 16 WHEN THE, EXCUSE ME, OCTOBER 7th, YEAR '16, WHEN THE ACCESS HOLLYWOOD TAPE CAME OUT. THAT IS WHEN THE JURY SAW THAT THIS LAWYER, THE WOMEN TEXTED IN ENQUIRER EDITOR, TRUMP IS F-ED. THE ENQUIRER GUY RESPONDS, WAVE THE WHITE FLAG, IT'S OVER, PEOPLE. THAT WAS THE MIND STATE OF THE PEOPLE DOING THESE SECRET DEALS. IT WAS THAT MONTH THAT THERE WAS NERVOUSNESS BECAUSE COHEN WAS TRYING WALK AWAY WITHOUT PAYING ANYTHING. MY GUY'S IN FIVE STATES TODAY. THREE OR FOUR OR FIVE. THERE'S NOTHING I CAN DO. I'M DOING EVERYTHING I CAN WITH SOME EXPLETIVES AS WELL. THE POINT IS THINK ABOUT IT. THERE'S NOTHING COHEN COULD DO BECAUSE HE NEEDED DONALD TRUMP'S PERSONAL SIGN OFF AND IF HE WAS FLYING AROUND IN THE AIR OR ON STAGE, HE COULDN'T GET TO HIM. AND IF HE COULDN'T GET TO HIM, HE COULDN'T SIGN OFF. THAT UNDERCUTS WHAT TRUMP'S DEFENSE LAWYERS WILL TELL YOU. THE DENIAL THAT I TOLD YOU ABOUT THAT WELL, MAYBE COHEN DID IT ALL ON HIS OWN OR MAYBE YOU CAN'T BELIEVE WHAT COHEN SAYS SINCE HE GOT IN TROUBLE. THE RECEIPT, THE TEXT SHOWS AT THE TIME, IN SECRET, BEFORE THEY HAD ANY IDEA ANY OF THIS WOULD EVER GO PUBLIC THIS WAY, COHEN'S STORY CHECKS OUT. WHAT THEY'RE GOING TO TELL THE JURY HERE, I'M NOT QUOTING THIS PART YET. THIS IS WHAT YOU WOULD GET IN A CLOSING ARGUMENT. WHAT THEY'RE BASICALLY BUILDING UP TO TELL THE JURY IS YOU DON'T HAVE TO BELIEVE ANYTHING COHEN SAID THIS YEAR. YOU JUST HAVE TO BELIEVE THE TEXTS BECAUSE THAT'S WHAT THEY SENT DOWN BECAUSE THEY'RE REAL AND THIS IS A COURT. THE JUDGE TELLS THE JURY WHAT EVIDENCE THEY SHOULD LOOK AT. THAT'S WHAT'S ADMISSIBLE. DEFENSE LAWYERS AREN'T ALLOWED TO DO FAKE NEWS LIKE THEY DO ON THE CAMPAIGN TRIAL AND SAY OH, THOSE TEXTS WERE MADE UP AND THEY'RE FAKE. THEY'RE NOT ALLOWED TO SAY THAT KIND OF THING. BUT A TEXT SHOW A PROBLEM. NOW, COURT WAS ACTUALLY DARK TODAY LIKE IT IS MOST WEDNESDAYS SO THIS DEFENDANT COULD MAKE A MIDWEST CAMPAIGN TRIP. HE'S BACK IN COURT TOMORROW. THERE WILL BE ANOTHER GAG ORDER HEARING WITH NEW VIOLATIONS ALLEGED. THIS HAS HIGHER STAKES AFTER THE JUDGE WARNED JAIL TIME IS A POSSIBLE PENALTY FOR VIOLATIONS. YOU SEE THE SKETCH OF THE JUDGE. HE SAID FROM THE BENCH AS WELL IN HIS WRITTEN ORDER FINDING TRUMP LOST THE GAG ORDER. THEY WON'T TOLERATE WILLFUL VIOLATIONS AND IF NECESSARY, WILL IMPOSE INCARCERATION. THE JUDGE IS HOLDING THE LINE WHILE AVOIDING TRUMP'S EFFORTS TO TRY TO LEAN IN AND TURN IT INTO A BIG CLASH OF A CIRCUS. THE JUDGE DELAYED DEALING WITH THE GAG ORDER LONGER THAN HE HAD TO, BEST WE CAN TELL, LET'S SHOW THE DEFENDANT THIS THING IS ON. YOU'RE NOT CAPSIZING. TRUMP'S ALLIES ARE TRYING TO TAKE THIS $9,000 FINE AND TURN IT INTO THE GREATEST INJUSTICE OF THE YEAR OR DECADE. THEY'RE PRESENTING WHAT IS LEGALLY A FAIRLY MEASURED RESPONSE FROM THE JUDGE AS SOMETHING MORE. REMEMBER, OTHER DEFENDANTS HAVE BEEN JAILED BEFORE TRIAL FOR SMALLER VIOLATIONS OF A GAG ORDER THAN WHAT WE'VE SEEN HERE, WHICH INCLUDED LYING ABOUT THE JUDGE'S DAUGHTER AND GOING AFTER WITNESSES. SO THIS WAS LEGALLY, A MEASURED RESPONSE. NOW, PEOPLE CAN DEBATE WHETHER THEY LIKE IT OR NOT. OTHER PEOPLE CAN SAY THEY SHOULDN'T EVEN FINE HIM BECAUSE WHAT IS $9,000. AS A FACTUAL MATTER, THIS WAS A MEASURED RESPONSE FROM THE JUDGE. BUT OVER IN SOME CORNERS, THEY'RE TREATING IT AS A KIND OF OUT OF CONTROL JUDICIAL THREAT. >> ONE, $9,000 FINE. CONTEMPT. I PREDICT THERE WILL NEVER BE A BIGGER FUND RAISING MOMENT FOR DONALD TRUMP THAN THIS ONE. >> THEY ARE THREATENING THE THROW THE REPUBLICAN NOMINEE FOR PRESIDENT IN JAIL FOR TALKING, HARRIS. FOR TALKING DURING AN ELECTION. NOW I'M NOT A LAWYER. JUST PLAY ONE ON TV. BUT ACCORDING TO THE GAG, YOU COULD HAVE THE LOCHNESS MONSTER AS A JUROR AND TRUMP CAN SAY THE MONSTER ISN'T REAL AND BOOM, THAT'S $1,000. >> JUST REALLY HELPS YOU UNDERSTAND IT. JUST FOLLOW THAT ANALOGY. FACTUALLY, THAT WOULD BE A MISLEADING RENDITION OF THIS GAG ORDER. BUT BEYOND CONSERVATIVE MEDIA, IT'S WORTH NOTICING HOW THE TRIAL NEWS KEEPS BREAKING THROUGH. WE'RE SEEING IT AS THE BIG DEAL IT IS. I DON'T SAY THAT TO MEAN IT'S AUTOMATICALLY BAD FOR TRUMP. EVERYONE KNOWS HE'S ON TRIAL IN NEW YORK CITY AND SKATES WITH A HUNG JURY, IT MAY PLAY AS SOME KIND OF COMEBACK, BUT WHAT THE FOX FOLKS ARE SPINNING, THAT SOMEHOW THERE'S AN OUT OF CONTROL JUDGE, THAT'S NOT THE WAY IT'S NECESSARILY PLAYING ACROSS THE COUNTRY. ON LATE NIGHT, THERE ARE PUNCH LINES ABOUT THE GAG ORDER. >> I KNOW. $9,000 MAY NOT SEEM LIKE A LOT TO A SUCCESSFUL BUSINESS MAN, BUT WHAT ABOUT FOR TRUMP? >> THE JUDGE ALSO TOLD TRUMP THAT IF HE CONTINUES TO VIOLATE THE GAG ORDER, HE MIGHT LOCK HIM UP. MELANIA WAS LIKE DON'T LET THE JUDGE TELL YOU WHAT TO DO, KEEP -- BE A MAN. >> FOR VIOLATING HIS GAG ORDER NINE TIMES. TRUMP WAS LIKE BUT I GET THE TENTH ONE FREE, RIGHT? >> PEOPLE KNOW WHAT'S HAPPENING. THIS TRIAL IS GOING FORWARD. I CAN'T TELL YOU WHAT THE OUTCOME WILL BE AND I'M NOT GOING TO TELL YOU WHETHER THE OUTCOME IS GOOD OR BAD WHEN IT HAPPENS. BECAUSE IN THE RULE OF LAW, IT IS ACTUAL JUSTICE WE'RE PURSUING. THAT MEANS YOU HAVE A FAIR TRIAL, NOT ONE HIJACKED BY THREATS OF VIOLENCE OR THE DEFENDANT'S ANTICS BUT IF YOU FINISH A FAIR TRIAL, THE RESULT IS THE PRODUCT OF THAT FAIR TRIAL. NO ONE'S GOING TO BE HAPPY WITH ANY OF ALL THE OUTCOMES. THAT'S WHY WE TRY TO HAVE A TRANSPARENT, FAIR TRIAL WITH THE RULE OF LAW. I CAN TELL YOU THIS DEFENDANT OPPOSES THAT KIND OF THING. BOTH FOR HIMSELF AND FOR OTHERS. I CAN TELL YOU ABOUT THAT HISTORY. WE'VE LIVED THROUGH THAT. BUT IT IS A HALLMARK OF CIVILIZED SOCIETY OF THE CIVILIZATION WE WANT TO BE, NOT THE ONE WE ALWAYS ARE, THAT WE AFFORD THOSE RIGHTS TO ALL. REGARDLESS OF WHO THEY ARE AND REGARDLESS THEY ARE A PART OF THE GROUP OF PEOPLE WHO WOULD NOT AFFORD THOSE RIGHTS TO OTHERS. YOU MIGHT SAY
