MARIA: WELCOME BACK. FORMER PRESIDENT TRUMP'S' NEW YORK TRIAL RESUMES TODAY AT 10:00 A.M. EASTERN. JUDGE MERCHAN WILL GIVE INSTRUCTIONS TO THE JURY WHICH SHOULD TAKE ABOUT AN A HOUR. THEY'LL BEGIN DELIBERATING UNTIL 4:30 P.M. TODAY AND WILL CONTINUE TOMORROW. DELIBERATIONS COULD LAST FROM A FEW HOURS TO A FEW WEEKS. TRUMP'S ATTORNEY SPENDING THE IMAGE OUT OF CLOSING ARRESTINGMENTS ATTACKING COHEN'S CREDIBILITY, CALLING HIM THE GLOAT, THE GREATEST LIAR OF ALL TIME. THE PROSECUTION DEFENDED THE IMPORTANCE OF DANIELS' TESTIMONY SAYING IT ILLUSTRATED THE MOTIVE FOR THE CRIME. JOINING ME IS ANDREW CHERKASKY, A FORMER FEDERAL PROSECUTOR, THANK YOU SO MUCH FOR BEING HERE THIS MORNING. >> THANK YOU. MARIA: TELL US WHAT YOU GLEANED FROM ALL A OF THIS, WHAT'S MOST IMPORTANT, WHAT SHOULD WE BE AWARE OF? >> I THINK TODD BLANCHE GAVE THE JURY EVERYTHING THEY NEED IN ORDER TO REACH AN ACQUITTAL, REACH A VERDICT OF NOT GUILTY IN THE CASE AND I THINK THAT'S VERY JUSTIFIED UNDER THE CIRCUMSTANCES. THE PROSECUTION FAILED ENTIRELY TO PROVE SOME OF THE BASIC ELEMENTS OF THE CRIME HERE, SPECIFICALLY THAT THE ENTRY INTO THE BUSINESS RECORDS OF LEGAL EXPENSES WAS INCORRECT. NOT EVEN A QUESTION OF WHETHER DONALD TRUMP HAD A CRIMINAL INTENT IN MIND BUT WHETHER THAT SHOULD HAVE BEEN ANYTHING ELSE AND BEING ON FOX BUSINESS I THINK THAT MOST BUSINESS PEOPLE KNOW YOU BOOK YOUR EXPENSES. WHY WOULDN'T YOU BOOK AN EXPENSE TO A LAWYER AS A LEGAL EXPENSE. IF THEY CAN'T GET OVER THAT HURDLE THEY DON'T HAVE A CONVICTION SO I THINK THEY'RE SET UP FOR AN YOU AQUITAL BUT IT'S -- AN YOU ACQUITTAL. BUT IT'S NEW YORK. IT'S A BLUE JURY. THEY COULD HAVE HOLDOUTS. THIS COULD GO ANY DIRECTION. I THINK THE MOST INTERESTING THING THAT COULD HAPPEN IS A HUNG JURY AND WHAT WOULD HAPPEN AFTER THAT. MARIA: YEAH, A HUNG JURY THOSE BE A VICTORY FOR TRUMP EVEN THOUGH THEY'LL HAVE TO DO A MISTRIAL, RIGHT? YOU. >> YOU THINK OF IT AS BEING A VICTORY FOR TRUMP BUT THEN THE DA'S OFFICE WOULD HAVE THE OPTION OF RETRYING HIM AND THEY LIKELY WOULD. ALVIN BRAGG ISN'T LIKELY TO PULL BACK. MARIA: NO, HE'S NOT. >> AT THIS POINT. SO THEN IF IT'S A RETRIAL, THEY CAN GO BACK TO TRIAL ALMOST IMMEDIATELY AND I THINK JUDGE MERCHAN COULD ORDER THIS BACK TO TRIAL AHEAD OF THE NOVEMBER ELECTION AND SO WE COULD BE GOING THROUGH THIS ALL OVER AGAIN BECAUSE THEY DON'T HAVE TO DO NEW DISCOVERY, NEW MOTIONS, ANYTHING LIKE THAT. THEY COULD BE BACK AT TRIAL DOING THIS ALL OVER BEFORE THE ELECTION IF IT'S A HUNG JURY SO I DON'T KNOW IF THAT'S THE BEST OUTCOME FOR. MARIA: SO IT'S EITHER A HUNG JURY OR OF UNANIMOUS GUILTY OR NOT GUILTY. >> THAT'S RIGHT. MARIA: WHAT DO YOU THINK, MIKE. >> YOU WORKED AT THE JUSTICE DEPARTMENT. HAVE YOU SEEN ANYBODY THAT'S LIKE THE NUMBER TWO, THREE OR FOUR LEAVE THAT POLITICAL APPOINTEE POST TO BECOME A LIVE PROSECUTOR IN THE CITY? >> THIS LOOKS LIKE A PLANT. YOU SEE FROM TIME TO TIME CERTAIN PEOPLE COME IN AND OUT OF THE JUSTICE DEPARTMENT AND THEY GO TO KIND OF A SPECIALIZED JOB OR MORE SPECIALIZED JOB WITHIN THE GOVERNMENT SOMEWHERE YOU USUALLY GO FROM THE STATE. BUT THE IDEA THAT CO-ANGELO ISN'T PART OF THE GREATER BIDEN CONSPIRACY TO TAKE DOWN DONALD TRUMP, THAT'S PREPOSTEROUS. HE'S AT THE CENTER OF IT. FOR JUDGE MERCHAN TO HAVE GAGGED DONALD TRUMP ON COANGELO SPECIFICALLY, HE'S A POLITICAL PLAYER AT THIS POINT. I FIND THAT TO BE OUTRAY JUST. OUTRAGEOUS.MARIA: YOU SAID THEL INSTRUCTIONS THE JUDGE GIVES TO THE JURY IS THE MOST IMPORTANT THING THAT HAPPENS. >> THAT'S RIGHT. THE JUDGE IS TELLING THE JURY HOW TO APPLY THE FACTS TO THE LAW, WHAT THE BIG DECISIONS ARE. SO WHEN YOU TAKE THE LAW IN THIS CASE AND YOU LOOK AT SOME OF THE CONFUSION THAT'S BEEN THERE AND WE'VE ALL BEEN COMPLAINING ABOUT IT SINCE THE BEGINNING, COMMENTATORS ON THE LEFT AND RIGHT. WE DON'T UNDERSTAND WHAT THE CRIME IS, NOT ONLY DO WE NOT UNDERSTAND KIND OF THE BASIC IDEA OF WHY THEY THINK THE MISDEMEANOR IS THERE BUT THEY HAVE TO HAVE AN ELEVATING SECOND OFFENSE AND THE SECOND OFFENSE HAS BEEN KEPT A SECRET THE WHOLE TIME. THE DEFENSE DEMANDED FURTHER CLARITY ON THAT. THEY REFUSED TO GIVE IT. THE JUDGE HASN'T REQUIRED IT. AS THEY GET INTO THE INSTRUCTIONS THE JUDGE IS INSTRUCTED THE MEMBERS THEY DON'T HAVE TO HAVE A UNANIMOUS VERDICT AS TO THEIR THEORY AS TO THE SECONDARY OFFENSE AND SO WE REALLY HAVE SOME OUTRAGEOUS KIND OF LEGAL GYMNASTICS GOING ON, ALL OF WHICH WOULD BE RIPE FOR APPEAL AND I THINK VERY STRONG APPEALS BUT IF HE'S CONVICTED I DON'T SEE ANY WAY GETS TO THE APPELLATE COURT BEFORE THE ELECTION SO THERE WOULD BE A CONVICTION HANGING OVER HIM, MAYBE OVERTURNED AFTER HE BECOMES THE NEXT PRESIDENT OR LOSES THE ELECTION, POTENTIALLY BECAUSE OF THIS VERDICT. THE DEGREES OF UNFAIRNESS AND INJUSTICE THAT ARE GOING ON I THINK ARE REALLY TROUBLING AND THOSE JURY INSTRUCTIONS ARE CENTER TO SOME OF THE PROBLEMS THAT WE HAVE HERE. MARIA: THAT IS JUST EXTRAORDINARY HE THAT THIS IS TAKING PLACE RIGHT NOW. HOW DO YOU SEE IT? >> I HAVE TO AGREE WITH ANDREW. I'M TERRIFIED ABOUT THE JURY INSTRUCTIONS. WHEN YOU LOOK AT THE CRUX OF THIS, JUDGE MERCHAN REFUSES TO LET THE JURY KNOW THAT HUSH MONEY PAYMENTS ARE NOT ILLEGAL THAT IS IMPORTANT. WHAT IS HUSH MONEY. THERE'S SETTLEMENT AGREEMENTS. REPORTERS DO IT ALL THE TIME. THEY WORKED ON THE CLINTON CAMPAIGN. THEY CATCHED AND KILLED MANY, MANY STORIES AND THERE'S NOTHING WRONG WITH THAT. THERE'S NOTHING ILLEGAL WITH THESE TYPE OF SETTLEMENT AGREEMENTS BUT THE JUDGE IS REFUSING TO ALLOW THAT INSTRUCTION TO A JURY SO THERE'S SO MUCH KAYE KAYE GLOSS THAT -- CHAOS IN THAT JURY ROOM. I'M HOPING THAT DELIBERATIONS ONLY TAKE A COUPLE HOURS. THERE'S TWO LAWYERS. I HAVE FULL FAITH THAT THEY CAN WEAVE THROUGH SOME OF THE INSTRUCTIONS AND SAY HERE'S THE CRUX, BUSINESS RECORDS. MARIA: THERE WERE PHI WORKS THIS WEEK. JUDGE MERCHAN REPRIMANDED TRUMP'S LAWYER DURING CLOSING ARGUMENTS YESTERDAY. BLANCHE TOLD THE JURY THEY CAN'T SEND SOMEONE TO PRISON BASED ON THE WORDS OF MICHAEL COHEN. MERCHAN CALLING THE STATEMENT OUT RAY JUST, HIGHLY INAPPROPRIATE BECAUSE JURORS ARE NOT ALLOWED TO TAKE PUNISHMENT INTO CONSIDERATION WHEN DELIBERATING. ELISE STEFANIK FILED A MISCONDUCT COMPLAINT AGAINST JUDGE MERCHAN INSISTING HIS SELECTION TO HANDLE TRUMP'S CASE IS NOT RANDOM, CALLING ON THE INSPECTOR GENERAL TO INVESTIGATE. ANDREW, WHAT ARE YOUR THOUGHTS ON THIS? THIS IS THE SAME JUDGE THAT OVERSAW STEVE BANNON AND OTHER AREAS OF TRUMP'S WORLD. I MEAN, WASN'T RANDOM THAT THEY SELECTED HIM, WAS IT? >> NO. I THINK WE'VE GOT DEEP ISSUES IN THE NEW YORK JUDICIAL PROCESS OF GETTING JUDGES SELECTED. HAS TO BE NEUTRAL AND INDEPENDENT, THOSE BE RANDOM -- HAS TO BE RANDOM. DOESN'T APPEAR TO BE THAT WAY. HE TONES BE PUT ON TRUMP CASES ONE AFTER ANOTHER. SOUNDS LIKE THERE'S SOME SHUFFLING AND POKER PLAYING GOING ON WITHIN THE JUDICIARY TO MAKE THAT HAPPEN SO I THINK THAT INVESTIGATION IS VERY IMPORTANT AND THEN YESTERDAY WHEN WE SAW JUDGE MERCHAN KIND OF GO AFTER TODD BLANCHE, CALLING HIS ARGUMENT OUTRAGEOUS, THAT'S WAY OVER THE TOP. THAT'S AN EASY MISTAKE TO MAKE AS A DEFENSE COUNSEL. YOU CAN SAY BE VERY CAREFUL BEFORE YOU TAKE AWAY HIS FREEDOM AND LIBERTY AND SO TO SAY JAIL, TO KIND OF WORK THAT IN THERE, I THINK IT'S A VERY GENERAL GENERIC REFERRING TO THE IDEA OF CONDEMNATION BY A JURY. DON'T CONDEMN THIS MAN. IT HAS GREAT CONSEQUENCE. TO SAY THAT MENTIONING JAIL VERSUS LIBERTY, JUSTICE, FREEDOM, I THINK IT'S OVER-THE-THE TOP TO CALL IT OUTRAGEOUS AND LAMBAST THE WAY HE DID. MARIA: IT DOES MEAN JAIL. >> NOT NECESSARILY. HE COULD -- DONALD TRUMP COULD AVOID JAIL WITH A CONVICTION HERE. AND SO I DO WORRY THAT BY MENTIONING THAT, IT ALMOST INVITES MERCHAN TO SEND HIM TO JAIL BECAUSE HIS ATTORNEY SAID SO, YOUR ATTORNEY SAID YOU WOULD GO TO JAIL IF THE YOU WERE CONVICTED AND THERE'S MIXED OPINIONS I THINK IN THE LEGAL COMMUNITY AS TO WHETHER THIS CRIME UNDER THESE CIRCUMSTANCES CALLS FOR JAIL TIME AND I THINK MERCHAN HAS A VERY HEAVY TASK, IF THERE'S A CONVICTION, TO DECIDE IF THERE'S ANY JAIL TIME, A DAY, WEEK, MONTH, WHATEVER IS PUT IN FRONT OF HIM. THIS DOES NOT CALL FOR JAIL TIME IN MOST CIRCUMSTANCES. MARIA: THAT WOULD BE A NEW LOW FOR THIS COUNTRY. >> AFTER THE CIVIL TRIALS AND NOW THIS, WHY WOULD ANYONE HAVE ANY FAITH IN THE NEW YORK STATE JUDICIAL SYSTEM? >> CAN YOU IMAGINE DOING BUSINESS IN NEW YORK WITH ANY TYPE OF POLITICAL MAGNIFYING GLASS ON YOU? I MEAN, IT'S AT A POINT AT A THIS TIME WHERE EVERYTHING THAT'S BEEN DONE TO DONALD TRUMP I THINK SCREAMS TO BUSINESS FOLKS IN NEW YORK THAT THIS IS A VERY PRECARIOUS PLACE TO BE AND THE POLITICS THAT YOU BRING TO THE TABLE WILL HAVE A DIRECT IMPACT ON HOW THE STATE INVESTIGATES YOU AND THE POTENTIAL THEY TRY TO PUT YOU IN JAIL WHERE THEY DON'T DO THAT TO COMPATRIOTS WHO ARE POLITICALLY FAVORABLE. MARIA: DOES THE JURY HEAR THIS? IS THE JURY GOING TO SAY LISTEN, IF I REALLY DISCUSS HOW I ACTUALLY FEEL, THIS IS UNFAIR, HE SHOULD BE ACQUITTED, THEY'LL COME AFTER ME? >> I HAVE FAITH IN THE JURY SYSTEM. I MIGHT BE THE FOOL. I'VE BEEN DOING LEGAL WORK FOR A COUPLE DECADES NOW AND I'VE HAD HUNDREDS OF JURIES AND MOST OFTEN COME BACK IN A JUST WAY SO I HAVE TO HAVE FAITH IN THEM IN ORDER TO CONTINUE MY JOB AND STAY SANE BUT THERE ARE ISSUES AND THERE ARE CONCERNS HERE IN NEW YORK. THERE'S TWO ATTORNEYS ON THERE. THERE'S ALSO OTHER VERY INTELLIGENT FOLKS. THERE'S VERY PRACTICAL FOLKS. THEY PROMISED TO BE FAIR. MARIA: BUT THE WHITE HOUSE ALREADY SAID WE'RE PLANNING ATTACKS ON TRUMP IF GETS ACQUITTED. TO SAY THAT BEFORE THE JURY IS ABOUT TO DELIBERATE, THAT'S OUTRAGEOUS. YOU WANT TO HAVING OUTRAGEOUS, JUDGE MERCHAN, THAT'S OUTRAGEOUS, FOR THE WHITE HOUSE TO SAY WE'RE PLANNING ATTACKS ON TRUMP SHOULD HE BE ACQUITTED. THE JURY HEARS THAT, SAYS I DON'T WANT TO GET ATTACKED. >> EVERYTHING I HEARD ON THE PANEL SIGNIFIES THIS IS A POLITICAL PROCESS, IT'S WHAT I HEAR FROM REGULAR PEOPLE WATCHING IT, WHAT I HEAR FROM MEMBERS OF CONGRESS, THAT'S WHY YOU SEE CHAIRWOMAN STEFAN M NICK TRYING TO WEIGH IN, MOVE THE OVERSIGHT FORWARD. >> THERE'S SO MANY THINGS TO UNPACK WITH THE WAY THAT THE COUNTRY REACTS AND RESPONDS THE VERDICT, WHICHEVER WAY THAT GOES. IF IT'S AN YOU ACQUITTAL, I THINK PEOPLE HAVE TO AT THAT POINT ADMIT THERE'S A TRUE INJUSTICE. NOW YOU'VE GOT THE BIDEN ADMINISTRATION NOT READY TO DO THAT, I'M SURE. I'M SURE THEY'LL HAVE THEIR OWN ATTACK. WELL, HE WAS PUT ON TRIAL AND THAT MEANS HE'S AT LEAST GUILTY,TRYING TO DISTORT THAT. IF HE'S CONVICT, THEY'LL TRY TO RUN AROUND THAT OVER AND A OVER AGAIN. AND FINALLY THE HUNG JURY POTENTIAL AND A MISTRIAL, DO WE GO BACK THERE, AND HOW DO THEY TAKE ALL OF THE OTHER TRIALS THAT ARE GOING ON AND TRY TO CAPITALIZE ON THOSE, IT'S LAW FARE. I THINK THAT'S THE BOTTOM LINE. WE'RE DEEP IN A LAW FARE SYSTEM AND IT'S A REAL OOH PROBLEM. MARIA: YEAH, IT SURE IS. ANDREW, THANK YOU SO MUCH FO
