YORK, FORMER ADVISER TO BOTH GEORGE W. BUSH AND JOHN McCAIN, AND FORMER U.S. ATTORNEY JOYCE VANCE, WHO SPENT 35 YEARS AS A FEDERAL PROSECUTOR. MOLLY, DONALD TRUMP'S ATTORNEYS WILL HAVE HAD 36 HOURS TO PULL THEIR NEXT STRATEGY TOGETHER FOR STORMY DANIELS ON THE STAND TOMORROW. WHAT ARE YOU LOOKING FOR? >> THIS IS TOUGH. BECAUSE THERE IS A HUGE POWER IMBALANCE BETWEEN THESE TWO PEOPLE, AND SUSAN ECCLES IS THIS FEMALE DEFENSE LAWYER, THE BEST LAWYER TRUMP HAS. BUT SHE IS REALLY JUST BEEN TROTTED OUT FOR THIS STORMY DANIELS CROSS. SO I THINK IT WILL BE REALLY INTERESTING TO SEE. I READ SOME REPORTING FROM PEOPLE IN THE COURTHOUSE WHO SAID THAT PERHAPS THE JURY DID NOT LOVE HER BEATING UP ON THE WITNESS, AND I HAVE READ OTHER REPORTING THAT THERE IF IN OTHER CASES WHERE SHE HAS BEEN HARD ON FEMALE WITNESSES. I'M NOT SURE THAT PLAYS IN THE WAY SHE IS HOPING IT WILL. AGAIN, THIS IS A JURY CASE, SO YOU HAVE A JURY TO APPEAL TO. >> MARK, HOW HARD DO YOU THINK TRUMP'S TEAM IS GOING TO GO AFTER STORMY DANIELS, ESPECIALLY WHEN YOU THINK ABOUT HIS DEMANDS ON HIS ATTORNEYS AND ALL THE GORY DETAILS SHE WENT INTO YESTERDAY. >> I THINK THEY WILL BE PRETTY AGGRESSIVE. I THINK THAT IS WHAT TRUMP ONCE. I THINK THAT'S WHAT HE EXPECTS, AND I THINK THEY FEEL THERE IS ENOUGH CREDIBILITY HOLES IN THE TESTIMONY TO TAKE IT APART. AND PARTICULARLY WHEN YOU HAVE THE JUDGE HIMSELF QUESTIONING WHETHER OR NOT TESTIMONY SHOULD HAVE BEEN INCLUDED, THAT THROWS UP FLARES FOR EVERYBODY ABOUT WHETHER OR NOT IT COULD BE A FIELD. >> TO THAT VERY POINT, WE HEARD A LOT OF GRAPHIC DETAILS FROM STORMY DANIELS. TRUMP LOYALISTS, WE KNOW THEY WILL SIDE WITH HIM NO MATTER WHAT. BUT WHAT ABOUT INDEPENDENT VOTERS OUT THERE? DO THOSE DIRTY DETAILS HURT TRUMP? OR MAYBE EVEN THE REVERSE? >> I DON'T THINK AT THE END OF THE DAY THE DIRTY DETAILS MATTER AT ALL. EVERYONE IS FAMILIAR WITH WHAT LIKELY HAPPENED, AND THEY ARE ONLY SURPRISED IF HE PAID OR NOT TO HAVE SEX . THAT IS WHAT THEY FOUND PROBLEMATIC. AT THE END OF THE DAY, DOES ANY OF THIS STUFF MATTER IN THE ELECTION? I THINK THAT IN AN ELECTION THAT COULD BE DECIDED BY 10, 20, 30,000 VOTES IN THREE STATES, YOU KNOW, WE DO KNOW THAT NO MATTER WHAT PEOPLE SAY ABOUT THE WEAKEST CASE, THERE COULD BE A DEFENSE OF THEIR THE END OF THE DAY. I DON'T LIKE VOTING FOR SOMEBODY WHO SOUNDS GUILTY OF ANY CRIME, NO MATTER WHEN IT IS. THAT SHOULD BE ENOUGH. >> BUT YOU ARE ALSO TRYING TO CONVINCE EVANGELICALS THAT THEY SHOULD STICK WITH THIS GUY AFTER HE -- >> MOLLY, MOLLY, THEY ARE WITH HIM. THEIR ARGUMENT IS GOD CHOOSES STRANGE MESSENGERS. THEY HAVE ALREADY FIGURED OUT WHY AND HOW THEY CAN RECONCILE EVERYTHING WITH TRUMP AND THEY ARE NOT LEAVING. JOYCE, IF YOU ARE THE PROSECUTION, WHAT ARE YOU HOPING FOR IN WHAT HAPPENS WITH THIS CROSS-EXAMINATION? WHAT ARE YOU HOPING STORMIE DOES? >> WELL, YOU ARE HOPING SHE WILL ACTUALLY BE EVEN BETTER ON CROSS-EXAMINATION THAT SHE WAS ON DIRECT. THAT IS A PHENOMENON THAT YOU SEE SOMETIMES WITH A WITNESS WHO IS BEING PUSHED HEAVILY ON CROSS-EXAMINATION. AND SOMETIMES THEY WILL SIMPLY GROW A SPINE AND DIG IN AND BECOME VERY INSISTENT. AS YOU WILL RECALL, IN OPENING STATEMENT, TRUMP'S'S LAWYER SAID THAT WHETHER STORMY DANIELS WOULD TESTIFY TO WAS A LIE. NOW THE BURDEN IS ON THEM TO DELIVER ON THAT PROMISE. AND IF SHE HOLDS UP WELL ON CROSS-EXAMINATION IT REALLY MAKES ROWS INTO THEIR CREDIBILITY. >> I FEEL LIKE WHAT IS LEFT FOR THERE TO TELL US? THE PROSECUTION IS CLEAR THEY WANT TO REDIRECT. WHAT ELSE ARE THEY HOPING TO GET FROM HER? >> WELL, THEY WILL CLEANUP ANYTHING THAT HAPPENS IN CROSS- EXAMINATION. IF SHE FALTERS, IF SHE GETS CUT OFF FROM EXPLAIN SOMETHING, THEY WILL BE ABLE TO REDIRECT HER ATTENTION TO MAKE SURE THAT THE JURY IS FOCUSED ON THE EVIDENTIARY POINTS THAT THEY NEED THEM TO BE FOCUSED ON. YOU KNOW, STORMY DANIELS'S TESTIMONY IS INTERESTING, I THINK, IN THE SENSE THAT PEOPLE VIEW THIS AS A CASE THAT IN ADDITION TO HAVING LEGAL CONSEQUENCE ALSO HAS POLITICAL CONSEQUENCE. BUT THE PROSECUTION NEEDS TO PROVE THE ELEMENTS OF THE CASE. AND THE BIG ONE IS TO CONVINCE THE JURY THAT DONALD TRUMP WAS A PART OF THIS SCHEME. AND THE FACT THAT STORMY DANIELS'S STORY IS SOMETHING THAT WOULD HAVE BEEN SO DAMAGING TO HIM HAD IT COME OUT AHEAD OF THE ELECTION, THAT IS AN IMPORTANT THING FOR THE JURY TO UNDERSTAND. >> JOYCE, YOU KIND OF LIT A CANDLE OF HOPE TODAY FOR A WHOLE LOT OF PEOPLE WHO ARE FEELING HOPELESS, AND YOU WROTE THAT AFTER 25 YEARS AS A FEDERAL PROSECUTOR, YOU HAVE FAITH IN THE JURY SYSTEM NO MATTER WHAT HAPPENS. WHY? >> LOOK, THAT IS NOT TO SAY THAT THERE ARE NOT SOMETIMES JURIES THAT GO ASTRAY. BUT BY AND LARGE, 12 AMERICANS POSSESSED OF COMMON SENSE AND GOOD ATTENTION SPANS WILL REACH THE RIGHT RESULT IN A COURTROOM. AND WHAT HAPPENS IS WE ARE OBSERVERS. WE ARE ABLE TO READ THE TRANSCRIPT IN THIS CASE, SOMETIMES WE ARE ABLE TO WATCH TRIALS ON TV. BUT THE JURY IS THERE FOR EVERY MINUTE OF THE PROCEEDINGS. THEY HEAR THE WITNESSES, THEY TAKE INSTRUCTION FROM THE JUDGE ON THE LAW, THEY CAN EVALUATE THE WITNESSES DEMEANOR ON A FIRST-HAND BASIS. AND THEY TAKE THEIR JOB VERY SERIOUSLY. JURIES ARE NOT CAVALIER ABOUT THE RESPONSIBILITY. IN THIS CASE I EXPECT THAT THEY ARE PAYING CLOSE ATTENTION, THAT THEY WILL DELIBERATE CAREFULLY, AND THAT THEY WILL REACH A VERDICT BASED ON THE EVIDENCE. AND IF PROSECUTORS DO THEIR JOB, THEY WILL CONVICT. >> I KNOW I AM BOMBARDING YOU WITH QUESTIONS, BUT TURNED TO GEORGIA WITH US FOR A MOMENT. AN APPEALS COURT THERE NOW MIGHT DISQUALIFY FANI WILLIS . IF SHE WOULD HAVE RECUSED HERSELF MONTHS AGO, WOULD WE BE IN TRIAL TERRITORY AT THIS POINT? >> YOU KNOW, IT'S TOUGH TO SAY. THERE ARE SO MANY VARIABLES HERE, BUT THE REALITY IS THAT WHAT THE COURT OF APPEALS IN GEORGIA WILL DO IS THEY WILL DECIDE WHETHER OR NOT THE TRIAL JUDGE, JUDGE McAFEE, GOT IT RIGHT. THEY ARE REVIEWING HIS DECISION. THEY WILL ACCORD HIM BROAD DISCRETION, I THINK IT IS UNLIKELY THAT THEY WILL REVERSE THEM. THE REAL ISSUE HERE IS THE AMOUNT OF TIME IT WILL TAKE. IT WILL PROBABLY TAKE MONTHS. AND THEN, OF COURSE, WHICHEVER PARTY LOSES IN THE COURT OF APPEALS WILL ALMOST CERTAINLY TAKE AN APPEAL TO THE GEORGIA SUPREME COURT. SO IT IS LESS THE ULTIMATE OUTCOME OF THIS CASE, AND WHETHER OR NOT WHAT FANI WILLIS DID WAS CORRECT AT THE BEGINNING. THIS WAS ALWAYS GOING TO GO ON THIS APPELLATE PATH ONCE THE ISSUE AROSE, AND IT IS UNFORTUNATE. YOU KNOW, I THINK WE ALL HAVE VIEWS ABOUT WHY WE GOT HERE, BUT THE REALITY IS THIS CASE IS NOW DELAYED SEVERELY. >> DELAY, DELAY, DELAY. IN FLORIDA, DELAYED INDEFINITELY. NOW GEORGIA. IT HAS BEEN A ROUGH FEW DAYS FOR JACK SMITH AND FANI WILLIS . MARK, DO YOU THINK WE ARE GOING TO SEE ANY PROGRESS HERE BEFORE THE ELECTION? AND AFTER THE ELECTION. DO YOU THINK THESE TRIALS ARE EVER GOING TO HAPPEN? >> I DON'T KNOW. THE KEY QUESTION IS ANYTHING GOING TO HAPPEN BEFORE THE ELECTION? I THINK THE DAY IS NO. THE DAYS OF MAGICAL LEGAL THINKING IS OVER. THE LEGAL CAVALRY IS NOT COMING TO THE RESCUE OF JOE BIDEN. WHICH I THINK IS GOOD. I THINK VOTERS SHOULD FOCUS ON THE ELECTION. THE WAY TO BEAT DONALD TRUMP IS ULTIMATELY NOT IN COURT, BUT THE BALLOT BOX. HUMILIATE HIM, TAKE AWAY HIS POWER, TAKE AWAY HIS STANDING WITH VOTERS AND DO IT LEGALLY, STRAIGHTFORWARD AT THE BALLOT BOX. >> LOOK, THESE ARE THE GUARDRAILS NOT HOLDING. THIS IS A GUY WHO SPENT $100 MILLION TO FUND THESE CASES. HE HAS HIRED THE BEST LAWYERS. WE ARE GOING TO SEE THE CRIMINAL NEW YORK CASE, BUT I DON'T THINK WE WILL SEE ANY OTHER CASES. >> DID HE HIRE THE BEST LAWYERS? OR IS AILEEN CANNON IN HIS POCKET AND HE GOT WILDLY LUCKY IN GEORGIA? COME ON. >> SHE IS NOT THE BEST LAWYER, BUT TODD LANCE IS A PRETTY GOOD LAWYER. HE HAS HAD SOME PRETTY GOOD LAWYERS. HE HAS ALSO HAD ONIONS AND MILLIONS AND MILLIONS OF DOLLARS. SO HE HAS MANAGED TO HUNT A LOT OF THIS STUFF AND I THINK HE GOT LUCKY,D I THINK THE SUPREME COURT, YOU LISTEN TO THOSE TWO JUSTICES, THEY HAVE REALLY DONE FOR HIM WHAT FEW THOUGHT THEY WOULD. >> AND LET'S TALK POLITICS, BECAUSE WE NOW HAVE TWO DEMOCRATIC SENATORS WHO ARE NOW PUBLICLY GOING AFTER AILEEN CANNON . AND I COMPLETELY GET WHY THEY FEEL THAT WAY, BUT IS IT A GIFT TO TRUMP FOR POLITICIANS TO WEIGH IN? BECAUSE HE LOVES TO ARGUE THAT ALL OF THESE CASES ARE RIGGED, IT'S ALL ABOUT POLITICS, DEMOCRATS PUSHING THE DOJ. >> YEAH, BUT MORE FOR HIM, THE BETTER. WHO WOULD'VE THOUGHT, ON PAPER, A YEAR AGO, THAT A NOMINEE FOR A MAJOR PARTY WOULD BE INDICTED FOUR TIMES, 91 COUNTS, AND BE STRONGER AFTER ALL OF THAT THAN HE WAS BEFORE? AND SO, FOR TRUMP AND HIS BASE PARTICULARLY, THE MORE PARTISAN IT GETS AND THE MORE PARTISAN THE ATTACKS ARE ON THE JUDGES, IT MAKES THE POINT. THEY ARE COMING FOR YOU, THEY'VE GOT TO GO THROUGH ME. AND IT IS A PARTISAN ATTACK. >> HOW ABOUT TOMORROW? WHEN TRUMP GOES BACK TO COURT, RICK SCOTT FROM FLORIDA IS GOING TO BE BY HIS SIDE. THE LATEST CONTACTS US IN THE VP SWEEPSTAKES. >> EVERYONE IS TRYING TO SHINE HIS SHOES. >> I HAVEN'T SEEN MELANIA SHOW UP. OR IVANKA.
