>>> DAY THREE OF DONALD TRUMP'S CRIMINAL HUSH MONEY TRIAL ENDED NOT ONLY WITH A SEATED JURY BUT ALSO WITH AN INTERESTING EXCHANGE. A FEW MINUTES AGO WE GOT A TRANSCRIPT OF TODAY'S PROCEEDINGS AND HERE IS HOW THAT EXCHANGE WENT. TRUMPS LAWYER SAID, I WOULD ASK THAT THE PEOPLE, MEANING THE PROSECUTION, PROVIDE US THE DEFENSE WITH THE NAMES OF THEIR FIRST THREE WITNESSES SO THAT WE CAN PREPARE. PROSECUTOR JOSH STEIN GLASS SAID, THAT AS A COURTESY WE USUALLY EXTEND. WE ARE NOT TELLING WHO THE WITNESSES ARE. THE JUDGE SAID, I CAN'T FAULT THE PEOPLE FOR THAT. MR. BLANCHE, WHAT IF I COMMIT TO THE COURT THAT PRESIDENT TRUMP WILL NOT TWEET ABOUT ANY WITNESS? THE JUDGE, NOT BUYING IT. SAYING, I DON'T THINK YOU CAN MAKE THAT REPRESENTATION. THEY WON'T GIVE IT TO TODAY OR TOMORROW AND THEY ARE NOT REQUIRED TO. THE CONCERN OVER WITNESS SAFETY IS PART OF A BROADER CONCERN HERE ABOUT DONALD TRUMP'S OUTBURSTS. EARLIER TODAY THEY ASKED JUDGE MERCHAN TO HOLD TRUMP IN CONTEMPT FOR PROBLEMATIC SOCIAL MEDIA POSTS HE HAS MADE AND THAT IS ON TOP OF THE OTHER PROBLEMATIC POSTS TRUMP MADE EARLIER THAT THE PROSECUTION SAYS VIOLATE HIS CURRENT GAG ORDER. JOINING ME NOW IS ANDREW BERNSTEIN, JOURNALIST COVERING TRUMP FOR PR AND AUTHOR OF "AMERICAN OLIGARCHS: THE COMMISSIONERS, THE TRUMPS, AND AMERICAN POWER." AND OF COURSE, JEREMY SALAND. ANDREA, I AM CURIOUS TO HEAR YOUR ASSESSMENT OF THIS. IT FEELS LIKE WE TALKED ABOUT THE INTERSECTION BETWEEN CANDIDATE TRUMP AND DEFENDANT TRUMP. TO HEAR THE OUTBURSTS AND WEAPONIZATION OF THE JURORS IN THE TRIAL AND THE WITNESSES, IT IS REALLY NOT TO HIS BENEFIT HERE. THE DEFENSE IS NOT GOING TO GET THE NAMES OF THE FIRST THREE WITNESSES BECAUSE NOBODY TRUSTS THEM. >> THAT WAS A SURPRISE. WE ALL KNOW WHO THE WITNESSES ARE GOING TO BE HERE. IT'S JUST A QUESTION OF STRATEGY. THERE WAS JUDGE ONE SAYING I DON'T TRUST YOU TO KEEP YOUR MOUTH SHUT OR YOUR FINGERS OFF YOUR KEYBOARD SO YOU DON'T GET THIS. YOU HAVE LOST THAT PRIVILEGE. ON THE FIRST DAY OF THAT TRIAL WHEN HE SAID TO TRUMP, HE SAYS HE WRITES TO EVERYBODY BUT IT REALLY RESOUNDED WHEN HE SAID, IF YOU DISRUPT THE PROCEEDINGS YOU CAN BE EXPELLED AND I CAN SEND YOU TO JAIL. BECAUSE IN ALL OF THE OTHER TRIALS THAT I HAVE COVERED UP TRUMP THAT HE HAS ATTENDED HE HAS DISRUPTED THE PROCEEDINGS. HE'S HAD INTERACTIONS WITH THE JUDGE, MUTTERED IN FRONT OF THE JURY. HE HAS SPOKEN AUDIBLY IN FRONT OF THE JURY. HE STOOD UP AND GAVE HIS OWN CAUSING ARGUMENTS IN THE FRAUD TRIAL AFTER BEING TOLD DIRECTLY BY THE JUDGE, YOU CAN'T DO THAT. WHEN MERCHAN SAYS THAT HE HAS THE WEIGHT OF HISTORY BEHIND HIM IN THAT JUDGMENT. >> I ALSO THINK THAT IT BETRAYS THE FRACTURED RELATIONSHIP BETWEEN TRUMP AND HIS LAWYERS. HIS LAWYERS ARE SAYING, WHAT DID WE PROMISE YOU? OUR CLIENT ISN'T GOING TO TWEET ABOUT THIS, OR WE WILL KEEP IT AMONGST OURSELVES. THE JUDGES SAY, YOU HAVE NO BASIS FOR SAYING THAT. YOU HAVE NO CONTROL OVER YOUR CLIENT. >> THEY CAN'T MAKE THAT PROMISE. THE COURT IS NOT A PART OF ME. AND JOSH STEINGLASS IS SAYING THAT. IN THE COURSE OF THINGS WITH A VERY CORDIAL RELATIONSHIP THAT IS SHARED BUT HERE POINT AGAIN, HE IS UNDESERVING. WITH TRUMP ACTING AS HE IS ACTING, TO GET THAT INFORMATION. >> AND I WOULD ASSUME BY MY WAY OF PREPARATION, IT IS GOOD TO HAVE THE INFORMATION IF YOU KNOW WHERE THEY WILL BE. THE ORDER OF THINGS IS NOT SIGNIFICANT. >> BUT YOU EXPECT TO BE PREPARED FOR THOSE WITNESSES. IT WOULD BE UNEQUIVOCALLY HELPFUL. >> THIS IS HAPPENING DAY ONE AND IT DOESN'T SET THE STAGE FOR A CORDIAL WORKING RELATIONSHIP BETWEEN THE TWO. YOU POINT OUT THE WAY IN WHICH TRUMP IS INCAPABLE OF CENSORING HIMSELF OR EXHIBITING SELF- CONTROL. I WONDER IF YOU THINK THE DURATION OF THIS TRIAL, THE FACT HE HAS TO BE THERE EVERY DAY, YOU CAN TELL US WHAT IT IS LIKE IN THAT COURTROOM BUT IT DOESN'T SOUND LIKE A TRIP TO DISNEYLAND. >> HE IS OBVIOUSLY UNHAPPY. I THINK THAT ONE OF THE THINGS THAT HAPPENED IN THE COURSE OF THE OTHER TRIALS WAS THAT HE FIGURED OUT A WAY TO MAKE IT WORK OUT TO HIS BENEFIT. THIS TRIAL HE IS GOING TO BE LISTENING TO TESTIMONY ABOUT AN EXTRAMARITAL AFFAIR THAT HE HAD IN 2006 AND HUSH MONEY PAYMENT, STUFF THAT IS MUCH MORE CLEAR TO THE PUBLIC THAN HE OVERVALUED OR UNDERVALUED HIS ASSETS, OR HOW MUCH IS MAR-A- LAGO WORTH. ANYONE KNOWS WHAT HAVING AN AFFAIR MEANS. AND EVERYONE KNOWS WHAT A PORN STAR IS. HE HAS TO SIT THERE AND LISTEN TO IT DAY IN AND DAY OUT. WHEN I WAS PORTING PREVIOUSLY AND SPEAKING WITH PEOPLE HE COULD BARELY SIT IN ANY SINGLE ROOM FOR ANY PERIOD OF TIME. WHEN THEY GAVE HIM PRESENTATIONS THEY WERE TOLD TO GIVE HIM ONE WORD AND THREE IMAGES. THIS IS LONG DAYS IN A VERY KIND OF UNCOMFORTABLE COURTROOM, WHICH IS EITHER TOO HOT OR TOO COLD. JUST A VERY FAR CRY FROM TRUMP TOWER. >> AND HE MADE A POINT OUTSIDE OF THE COURT TODAY TO TALK ABOUT WHAT A SHAM TRIAL IT WAS. HE WAS ARMED WITH A STACK OF NEWSPAPER PRINTOUTS OF WEBSITE AND INTERNET ARTICLES AND COMPLAINED ABOUT THE TEMPERATURE IN THE COURTROOM. THIS IS SOMEONE WHO SELF- CONTROL WILL HAVE TO EXTEND NOT JUST TO THE COURTROOM ITSELF BUT AFTER HOURS AS WELL. >> RIGHT. >> THE GAG ORDER, MY QUESTION TO YOU WOULD BE, WHAT IS YOUR EXPECTATION ABOUT THIS GAG ORDER? >> I MEAN, HE HAS REALLY BEEN CHALLENGED IN FOLLOWING ANY OF THESE GAG ORDERS. I THINK THAT MERCHAN HAS CLEARLY SHOWN THAT HE IS DRAWING THE LINE. HE IS NOT GOING TO ACCEPT IT. SO WE SHALL SEE. I MEAN, AS WITH EVERYTHING ELSE IN THIS TRIAL, WE HAVE NO PRIORS SO WE CANNOT SAY WHAT IS GOING TO HAPPEN BECAUSE WE DON'T KNOW ONE MINUTE TO THE NEXT, LET ALONE ONE DAY TO THE NEXT. ALL WE KNOW IS TRUMP HAS A REALLY HARD TIME. FOR EXAMPLE, AFTER HE WAS TOLD TO PAY $83 MILLION TO E. JEAN CARROLL, THERE WAS A PERIOD WHERE HE WAS SAYING, I DIDN'T DO IT. AND THEN HE STARTED AGAIN. $83 MILLION IS QUITE A DISINCENTIVE SO CAN HE KEEP HIS MOUTH SHUT NOW? WE WILL SEE. WHAT WILL IT TAKE? WE WILL FIND OUT. >> DO YOU THINK A COUPLE OF HOURS I RIKERS IS EVEN IN THE CARDS? I HESITATE TO SAY THAT BECAUSE IT SEEMS FAR-FETCHED. >> FIRST OF ALL, CONSENT CAN BE CIVIL OR CRIMINAL. IF IT HAPPENED IN FRONT OF THE JUDGE THEY CAN SAY, YOU SUMMARILY COMMITTED CONTEMPT. IF IT HAPPENS OUTSIDE OR SOCIALLY, THEN IT IS A SEPARATE ACTUAL HEARING. HE HAS A RIGHT TO CHALLENGE THAT. WELL, THE JUDGE PUT HIM UP FOR 30 DAYS ON RIKERS ISLAND? PROBABLY NOT. BUT MAYBE THAT'S POSSIBLE. $1000 FINE IS REALLY INSIGNIFICANT BUT IT IS THAT EXPOSURE FOR MOST PEOPLE WHO DON'T GO TO THIS POINT. FOR MOST PEOPLE, KNOWING THEY CAN GO TO JAIL FOR 30 DAYS AND THE JUDGE CAN MAKE THAT DECISION, IT IS PRETTY SERIOUS. IS IT POSSIBLE THAT HE SITS SOMEWHERE ON THE SIDE THERE? >> AND AN EVEN COLDER ROOM? THERE ARE BENCHES WHERE HE CAN STEP UP HE IS NOT GOING TO GO TO RIKERS. HE
