THERE. -- >> SORRY OLIVIA, WE'VE GOT TO BREAK UP THIS CHAT. WE'RE GOING TO GO LIVE TO A SPECIAL REPORT ON CBS NEWS. >>> THIS IS A CBS NEWS SPECIAL REPORT. I'M GAYLE KING HERE WITH TONY DOKOUPIL, WHERE COURT IS ABOUT TO BEGIN IN THE TRIAL OF FORMER PRESIDENT TRUMP. THE JUDGE HAS INSTRUCTED HIM TO BE IN COURT FOR EVERY DAY OF THIS TRIAL. >> THE FORMER PRESIDENT FACES 34 FELONY CHARGES OF FALSIFYING BUSINESS RECORDS. THIS CASE INVOLVES SO-CALLED HUSH MONEY PAID TO ADULT FILM STAR STORMY DANIELS BEFORE THE 2016 ELECTION. >> THIS IS THE FIRST OF FOUR DISTINCT CRIMINAL CASES BROUGHT AGAINST HIM. THIS IS THE FIRST TO GO TO TRIAL. THE FORMER PRESIDENT CALLS THE TRIAL A WITCH-HUNT. A PHRASE YOU'VE HEARD BEFORE. THIS TRIAL, THE ACTUAL COURTROOM WILL NOT BE TELEVISED, ALTHOUGH YOU'RE SEEING A LIVE PICTURE OF THE PRESIDENT BEFORE HE ENTERS THE COURTROOM. WE WILL NOT SEE PICTURES INSIDE THE COURT, BECAUSE JUDGE JUAN MERCHAND HAS NOT ALLOWED IT. THE MAIN JURY WILL HAVE FIVE MEN AND SEVEN WOMEN. LET'S GO TO CHIEF ELECTION AND CAMPAIGN CORE CORRESPONDENT, ROBERT COSTA. BOB, WHAT ARE WE EXPECTING? >> Reporter: GOOD MORNING. THIS IS A SIGNIFICANT MOMENT FOR FORMER PRESIDENT DONALD TRUMP. HE DOESN'T WANT TO BE HERE, BUT HE IS SITTING IN A COURTROOM IN LOWER MANHATTAN. OPENING STATEMENTS WILL BEGIN SHORTLY. THE PROSECUTION MAKING ITS CASE AGAINST THE FORMER PRESIDENT, NOT ONLY THAT HUSH MONEY PAYMENTS WERE MADE, BUT THAT HE ALLEGEDLY ENGAGED IN A CRIMINAL SCHEME, AHEAD OF THE 2016 ELECTION TO COVER UP ALLEGED MISCONDUCT, ALLEGED AFFAIRS BEHIND THE SCENES BY PAYING OFF STORMY DANIELS THROUGH HIS LONG TIME FIXER, MICHAEL COHEN. WE DO EXPECT THE PROSECUTION TODAY TO CALL ITS FIRST WITNESS. FORMER NATIONAL ENQUIRER PUBLISHER, DAVID WAS ALLEGEDLY THE ORCHESTRATER IN PART OF COMING UP WITH THIS SCHEME WITH MICHAEL COHEN TO HELP TRUMP SUSTAIN HIMSELF POLITICALLY AT A CRITICAL TIME IN 2016. >> ALL RIGHT, BOB, THANK YOU VERY MUCH. CBS NEWS LEGAL ANALYST, RIKKI KLIEMAN IS HERE, ALONG WITH JOHN DICKERSON. RIKKI, LET'S START WITH YOU. WHAT CAN YOU TELL US ABOUT THE PROSECUTOR IN THE CASE? >> Reporter: THE PROSECUTOR THAT IS THE DISTRICT ATTORNEY IS A GENTLEMAN BY THE NAME OF ALLEN BRAG. THIS IS HIS CASE. IT WAS HIS DECISION TO GO FORWARD WITH WHAT WE CALL THE HUSH MONEY CASE AND NOT TO GO FORWARD WITH THE CASE THAT THE ATTORNEY GENERAL, LETITIA JAMES, WENT FORWARD WITH, WHICH WAS A FRAUD CASE. FRAUD IS A CIVIL CASE. THAT CASE WAS THE FAVORITE OF THE PREVIOUS D.A. THIS D.A. SAID HE WANTED TO BRING BACK THE HUSH MONEY CASE, WHICH HAD BEEN CALLED THE ZOMBIE CASE, BECAUSE IT KEPT RISING AND FALLING. THE D.A.'S, THE ASSISTANT D.A.'S, WHO ARE TRYING THE CASE ARE VERY EXPERIENCED PROSECUTORS. THEY KNOW THIS COURTHOUSE. THEY KNOW THE RULES OF EVIDENCE AND PROCEDURE, AND IT'S THEIR HOME. THIS IS WHERE THEY WORK. THAT IS A BIG ADVANTAGE TO ONE SIDE OVER THE OTHER. >> WE'RE SEEING REALLY, IN THE COURT OF PUBLIC OPINION, PEOPLE ARE LIKE, WHAT IS THE BIG DEAL HERE? THERE ARE SO MANY OTHER BIG FISH TO FRY, BUT FROM A LEGAL POINT OF VIEW, THIS IS A BIG DEAL, RIGHT? >> ABSOLUTELY. IT IS A LEGAL CASE. A SOLEMN CASE. THE FIRST TIME A FORMER PRESIDENT OF THE UNITED STATES HAS BEEN BROUGHT BEFORE COURT AS A CRIMINAL DEFEND ANT. WE CANNOT JUST TOSS THAT ASIDE, AND SAY IT'S NOT SERIOUS. MAXIMUM PUNISHMENT, FOUR YEARS IN JAIL. >> JOHN, I WANT TO GET YOU IN HERE. TODAY, THE OPENING STATEMENTS WILL BE DELIVERED. WHY ARE OPENING STATEMENTS SO IMPORTANT? >> BECAUSE OPENING STATEMENTS CAN PERSUADE JURORS TO NOT CHANGE THEIR MIND LATER ON. 80% OF JURORS SAY THE STUDIES WILL MAKE UP THEIR MIND BEFORE THE END OF THE OPENING STATEMENTS. BEFORE THEY HEAR THE EVIDENCE, BECAUSE OF THE ADVOCACY THAT HAS TOLD THEM A STORY. IT DOESN'T MEAN THEY CAN'T CHANGE THEIR MIND, BUT IT DOES MEAN -- >> IT ALLOWS YOU TO LEAN A CERTAIN WAY. >> CORRECT. >> JOHN DICKERSON IS ALSO HERE, LET'S TALK ABOUT THE POLITICS. 80% OF JURORS MAY MAKE UP THEIR MIND ON DAY ONE. I FEEL LIKE 100% OF THE ELECTORATES MADE UP THEIR MIND ON THIS. >> ONCE YOU GET AN IDEA IN YOUR HEAD, IT IS REALLY HARD TO EXCAVATE THAT IDEA, NO MATTER WHAT YOU HEAR. WHAT STRIKES ME IS IT FEELS LIKE THIS CASE IS TAKING PLACE IN A FALLOUT SHELTER IN THE MIDDLE OF A HURRICANE. WHICH IS TO SAY IN THE ROOM. WHAT'S THE HURRICANE? THE HURRICANE IS A POLITICAL SEASON. THIS ISN'T EXTRAORDINARY, JUST BECAUSE IT'S A FORMER PRESIDENT, IT'S LEADER OF A PARTY RETURNING FOR PRESIDENT. SO INSIDE THE COURTROOM, FAIRNESS IS SUPPOSED TO RULE. TRUTHS ARE SUPPOSED TO BE IMPORTANT. A CERTAIN SET OF TRADITIONS AND LAWS ARE SUPPOSED TO RULE. OUTSIDE IN THE HURRICANE, THAT'S ALL UP FOR GRABS THESE DAYS, IN PART BECAUSE OF THE BEHAVIOR OF THE DEFENDANT IN THIS TRIAL, WHO HAS BUILT HIS CAMPAIGN AROUND THE LIE THAT THE LAST ELECTION WAS STOLEN. TO MAINTAIN THAT LIE REQUIRES A FLOOD OF MISTRUTHS, AND IT ALSO REQUIRES DISREGARDING EVERYTHING THAT THE LEGAL SYSTEM HAS SAID ABOUT THAT LIE IN THE LAST ELECTION. SO THERE'S A THOROUGH GOING EFFORT TO UNDERMINE THE SYSTEM OF LAW. OUTSIDE THE ROOM, THE DEFENDANT IS PROTECTED, AND WE REALLY HOPE EVERYBODY BEHAVING BY THE NORMS OF THE WAY YOU'RE SUPPOSED TO BEHAVE IN A COURTROOM. SO YOU HAVE THESE TWO THINGS CLASHING. IT'S NOT JUST ABOUT A CASE OF THE FORMER PRESIDENT, IT'S ABOUT A CHALLENGE OF WHETHER THE AMERICAN LEGAL SYSTEM CAN BE HEALTHY AND WITHSTAND THE HURRICANE GOING ON OUTSIDE. >> TRADITIONS AND NORMS DON'T MATTER WHEN IT COMES TO FORMER PRESIDENT TRUMP. WE KEEP HEARING THIS WORD, UNPRECEDENCED, BUT THIS BEHAVIOR HAS BEEN UNPRECEDENCED. >> UNPRECEDENTED. >> IT REQUIRES HIS ENTIRE PARTY TO RALLY AROUND HIM. NOT JUST THE VOTERS, BUT THE PEOPLE WHO SHOULD KNOW BETTER WHO ARE IN POSITIONS OF POWER IN THE REPUBLICAN PARTY WHO SAY, LET'S UNDERMINE THE RULE OF LAW IN ORDER TO SUPPORT OUR PARTY NOMINEE. I SHOULD HASTEN TO ADD, WE SHOULD ALL BE VERY MUCH ON THE LOOKOUT OF ALL THE POSSIBLE POLITICAL INFLUENCES ON THE OTHER SIDE OF THIS CASE. YOU'VE GOT A D.A. HERE WHO IS FROM A DEMOCRATIC CITY, AND WHO IS IN THE POLITICAL SYSTEM IN THAT CITY. THE JURORS ARE MARINATED IN THE POLITICS OF NEW YORK. THAT ISN'T TO SAY THAT THEY ARE INFLUENCED, BUT THAT WE SHOULDN'T BE BLIND TO THAT. >> 87% OF MANHATTAN, WHICH IS THE JURY POOL, VOTED FOR JOE BIDEN, NOT DONALD TRUMP, IN THE LAST ELECTION. >> IT WAS ONE OF THE REASONS THAT DONALD TRUMP'S LAWYERS CONTINUOUSLY MOVED FOR A CHANGE OF VENUE, BECAUSE THE ENTIRE GROUP FROM WHICH THE JURY IS DRAWN, ALREADY STARTS OUT WITH A POLITICAL BIAS. ONE OF THE IRONIES OF THIS CASE TO GO INTO JOHN'S WORLD, IS TO LOOK AT THE FACT THAT WHAT JUDGE MERCHAN IS CALLING THIS CASE IS ABOUT ELECTION INTERFERENCE IN THE 2016 ELECTION. NOW WE'RE GOING INTO THE 2024 ELECTION. SO POLITICS HAS ITS OWN WAY OF SEEPING INTO THE COURTROOM, EVEN THOUGH THE COURTROOM IS SUPPOSED TO BE ABOUT THE RULE OF LAW. >> WHAT CAN YOU TELL US ABOUT JUDGE MERCHAN? HE'S MADE SOME INTERESTING RULINGS ALREADY. HE'S SEEMINGLY VERY EVEN HANDED EAR. >> KNOWN AS A VERY STRICT JUDGE. HE ADHERES TO THE RULES OF EVIDENCE AND PROCEDURE. HE TAKES NO NONSENSE. IN THIS PARTICULAR CASE, I AM SURE THAT THE DEFENSE WOULD SAY THAT HIS RULINGS HAVE BEEN PRO- PROSECUTION. I THINK IN TERMS OF CERTAINLY GETTING A JURY IN THE BOX WITHIN THE FIRST WEEK, THAT'S MIGHTY FAST INDEED. >> DID THAT SURPRISE YOU? >> STUNNING TO ME. IF YOU LOOK BACK AT THE BOSTON MARATHON BOMBING CASE, WHICH AFFECTED AN ENTIRE CITY, THIS CASE IN MANY WAYS AFFECTS AN ENTIRE COUNTRY, LET ALONE AN ENTIRE BOROUGH OF AN ENTIRE CITY. THAT CASE TOOK WEEKS, IF NOT MONTHS TO PICK A JURY. SO YOU'RE IN A VERY DIFFERENT SITUATION HERE. >> LIKE MOST PRESIDENTS WHEN THEY SPEAK, THEY SPEAK TO THEIR LOYALISTS, THEIR FOLLOWERS, AND THEIR PARTY. WHEN HE SAYS I WILL TESTIFY, IS HE JUST SPEAKING TO THOSE WHO FOLLOW HIM, OR IS HE SPEAKING OUT OF TERM? >> HE SAID MANY, MANY TIMES IN MANY OTHER VENUES THAT HE WOULD TESTIFY, AND THEN HE HASN'T. THIS IS AGAIN, WHERE THESE TWO WORLDS COLLIDE. IT'S VERY IMPORTANT FOR HIM AS A POLITICAL MATTER TO SAY I HAVE NOTHING TO HIDE. HIS LAWYERS MAY HAVE A VERY DIFFERENT RULE ON THAT. >> RIKKI IS HOLDING ONTO THE TABLE. >> WE'VE SEEN THAT CLASH IN OTHER CASES, WHERE THE LAWYERS WISH THEIR CLIENT WOULD KEEP HIS MOUTH SHUT. OBVIOUSLY, THERE'S ANOTHER ONE OF THE SIDE ISSUES HERE, WHICH IS WHETHER WHAT THE PRESIDENT HAS SAID HAS RUN AFOUL OF THIS GAG ORDER. ALSO, WHY I THINK THE JUDGE IS GOING TO RULE TODAY ON THE OTHER TRUMP CASES AND WHETHER ANY OF THAT CAN BE BROUGHT INTO THIS COURTROOM. SO THERE'S WHAT HE SAYS, AND WHAT HE HAS DONE. >> ON THE MORNING SHOW, YOU WERE A HARD NO ON YOUR GUESS ON WHETHER OR NOT DONALD TRUMP WILL ACTUALLY TESTIFY. WHY? >> NUMBER ONE IS HIS LAWYERS ARE GOING TO CAUTION HIM ABOUT HOW DANGEROUS IT IS FOR HIM TO TESTIFY. BECAUSE OF CROSS EXAMINATION. >> THEN HE CAN BLAME THE LAWYERS. HE CAN SAY, I WANTED TO TESTIFY, BUT MY HANDS WERE TIED. >> HOLD ME BACK. >> I'M SURE THAT THAT'S NOT ONLY WHAT DONALD TRUMP WOULD DO, BUT WHAT ALMOST ANY CRIMINAL DEFENDANT IN COURT WHO HAS A FOLLOWING WOULD DO. I REALLY WANTED TO, BUT MY LAWYER STOPPED ME. HOWEVER, IT IS A CLIENT'S RIGHT, AND ONLY THE CLIENT'S RIGHT IN ORDER TO DECIDE WHETHER OR NOT HE OR SHE SHOULD TESTIFY. AS I HAVE CERTAINLY SAID, AND I WILL SAY AGAIN, IF I WERE REPRESENTING HIM, AND HE SAID THAT HE WANTED TO TESTIFY, I WOULD MAKE SURE IT WAS ON THE RECORD OUTSIDE OF THE PRESENCE OF THE JURY, LOUD AND CLEAR, THAT HE IS TESTIFYING OVER MY OBJECTION. BECAUSE IF HE WERE TO BE CONVICTED, I DO NOT WANT THEM COMING BACK AT ME FOR SAYING IT WAS INEFFECTIVE ASSISTANCE OF COUNSEL. >> TO GO BACK TO JOHN'S METAPHOR, THE HURRICANE OF POLITICS OUT THERE, AND THERE SHOULD BE A BUNKER IN THE COURTROOM. BUT TO HEAR WHAT'S HAPPENED ALREADY IN THE COURTROOM, HAS THE COURTROOM BEEN ABLE TO SEAL ITSELF OFF FROM THE POLITICAL WORLD, OR HAS IT ALREADY BEEN TAINTED IN SOME WAY? >> I THINK THE JUDGE HAS TRIED TO SEAL IT OFF AS MUCH AS A JUDGE CAN. BUT YOU'RE ALSO DEALING WITH THE ISSUE THAT JOHN BROUGHT UP, WHICH IS THE GAG ORDER. POSSIBLE SANCTIONS THAT WILL BE HAD AGAINST DONALD TRUMP, WHEN THE HEARING ABOUT THE GAG ORDER HAPPENS. THE DIFFICULTY YOU HAVE HERE, WHICH IS WHY THE WORLD'S REALLY COLLIDE IS THAT YOU HAVE SOMEONE RUNNING FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES. HE'S IN THE MIDDLE OF A CAMPAIGN. SO THE GREATEST WITNESS AGAINST HIM, IN THIS CASE, THE PRIMARY WITNESS IS MICHAEL COHEN. AND HE -- >> IS HE A FLAWED WITNESS? >> HE'S A VERY FLAWED WITNESS, WHICH IS EXACTLY WHY DONALD TRUMP SAYS I WANT TO BE ABLE TO SAY HE'S A LIAR. I HAVE A RIGHT AS A CAMPAIGNER, AND TO MY FOLLOWERS, LET ALONE TO EDUCATE OTHER PEOPLE TO SAY THIS MAN IS LYING. AND YOU'RE TELLING ME, JUDGE MARCHAN, I CANNOT SAY THAT. >> THIS MAN IS LYING, WHO I ONCE HIRED TO LIE ON MY BEHALF. IT'S NOT A HE SAID SHE SAID. IT'S A HE LIED, HE LIED. >> JAN CRAWFORD, WE'RE GOING TO BRING IN ANOTHER VOICE. JAN, GOOD MORNING TO YOU. TODAY'S OPENING ARGUMENTS, YOU KNOW, ARE NOT THE ONLY LEGAL ITEM ON THE TRUMP CALENDAR THIS WEEK. WHAT ELSE HAS HE GOT GOING ON? >> GAYLE, POTENTIALLY SOMETHING EVEN MORE CONSEQUENTIAL IS LOOMING. KIND OF TO USE JOHN'S ANALOGY, IT'S KIND OF LIKE THIS TIDAL WAVE, A TSUNAMI OF LEGAL CASES AGAINST TRUMP. AND THURSDAY, THE SUPREME COURT WILL HEAR ARGUMENTS THAT REALLY COULD DETERMINE WHETHER SPECIAL COUNSEL JACK SMITH WILL BE ABLE TO PROSECUTE TRUMP FOR HIS ALLEGED EFFORTS TO OVERTURN THE 2020 ELECTION. THAT CASE CARRIES MUCH GREATER PENALTIES IF HE WERE TO BE CONVICTED IN THAT CASE. TWO OF THE CHARGES AGAINST HIM CARRY 20 YEARS IN PRISON. SO THE SUPREME COURT WILL BE HEARING ARGUMENTS ON WHETHER OR NOT TRUMP CAN BE PROSECUTED. HE, OF COURSE, IS ARGUING THAT HE IS ABSOLUTELY IMMUNE. THAT HE HAS ABSOLUTE IMMUNITY FROM PROSECUTION IN THAT CASE. HE ACTUALLY WANTED TO GO TO THE ARGUMENTS TO SIT THERE AND WATCH THE JUSTICES AS THEY TAKE UP THIS ISSUE. THEY JUST DECIDED ON A PRETTY EXPEDITED BASIS AND THE JUDGE TURNED HIM DOWN, SAYING HE WOULD BE SITTING IN NEW YORK. SO HE WILL BE SITTING IN NEW YORK, ASSUMING THEY HAVE TRIAL ON THURSDAY, WHICH THEY DO, WHILE THE JUDGE IS SITTING AND HEARING ARGUMENTS IN A CASE THAT WILL DECIDE WHETHER HE WILL BE TRIED BY THE SPECIAL COUNSEL. THAT IS ALL ON THE HORIZON FACING TRUMP. A HURRICANE, A TSUNAMI, WHATEVER YOU WANT TO CALL IT. >> ONLY ONE HAS FACED CRIMINAL CHARGES LIKE THIS, AND WALKED INTO A COURTROOM FOR OPENING STATEMENTS. TODAY IS THE DAY. >> AND NOW IT BEGINS. ALWAYS A PLEASURE TO HAVE YOU BOTH HERE AT THE TABLE. OUR COVERAGE OF FORMER PRESIDENT TRUMP'S CRIMINAL TRIAL WILL CONTINUE ON OUR NEWS 24/7, AND OF COURSE, ON OUR LOCAL NEWS. THIS
