>>> HELLO, EVERYONE THANKS FOR JOINING US HERE ON CBS NEWS 24 SEVEN, I AM LANA ZAK . DONALD TRUMP'S CRIMINAL TRIAL, THE JUDGE GAVE INSTRUCTION THIS MORNING AND BOTH SIDES PRESENTED CLOSING ARGUMENTS YESTERDAY. THE DEFENSE ATTEMPTED TO POKE HOLES IN THE TESTIMONIES AND THE PROSECUTION ASKED THE JURY TO FOCUS ON THE DOCUMENTS THAT CORROBORATE THE ACCOUNT. WE HAVE TEAM COVERAGE OF THIS CASE FOR YOU. ROBERT COSTA AND ERROL BARNETT HAVE BEEN THERE. ROBERT COSTA WE ARE GOING TO START WITH. ROBERTS, BRING PEOPLE UP TO SPEED. A LOT OF PEOPLE HAVE BEEN DEEPLY FOCUSED ON THIS TRIAL AND OTHERS ARE NOW MAY BE TUNING IN SERIOUSLY FOR THE FIRST TIME. WHAT WERE SOME OF THOSE CLOSING ARGUMENTS AND WHAT HAS THE JUDGE SAID IN TERMS OF THOSE INSTRUCTIONS? >> IT TO BE WITH YOU, THE JURY IS NOW DELIBERATING AT THE MANHATTAN CRIMINAL COURTHOUSE JUST BEHIND ME. THEY ARE CONSIDERING THE REAMS OF EVIDENCE THEY'VE SEEN OVER THE PAST FEW WEEKS ALONG WITH THE TESTIMONY THEY'VE HEARD INSIDE THE COURTROOM AND THEY HAVE A DECISION TO MAKE. WILL THEY FIND DONALD TRUMP GUILTY WITH THE ATTEMPT OF SOMEHOW HELPING OR SAVING HIS CAMPAIGN BACK IN 2016. FOR THOSE OF YOU WHO ARE TUNING IN AND ULTIMATELY COMES DOWN TO CRIMINAL INTENT. THE FORMER FIXER AND LAWYER FOR TRUMP WHO ALLEGES THAT TRUMP DIRECTLY PARTICIPATED IN A SCHEME TO COVER UP THESE PAYMENTS TO THE ADULT FILM STAR AND LIST THEM AS SO-CALLED LEGAL EXPENSES. TRUMP IS REALLY ON THE LINE RIGHT NOW IN NEW YORK FACING A POSSIBLE PRISON SENTENCE SHOULD HE BE FOUND GUILTY. >> ALL RIGHT, I WANT TO HEAD OVER NOW TO ERROL, ERROL, REMIND US OF THE SEVERITY OF THE CHARGES. >> WE'RE TALKING ABOUT 34 FELONY ACCOUNTS. THEY ARE THE LOWEST CATEGORY, BUT THEY CARRY WITH THEM $5000 FINE AND POTENTIAL PRESENT TIME. BUT BECAUSE DONALD TRUMP, IF FOUND GUILTY, WOULD BE SOMEONE WITHOUT A CRIMINAL BACKGROUND, FIRST-TIME OFFENSE, PRESENT TIME IS UNLIKELY. BUT FOR RIGHT NOW HIS ENTIRE FATE, THE FATE OF A FORMER PRESIDENT IN THE FATE OF THE NOMINEE IS IN THE HANDS OF 12 SO-CALLED REGULAR NEW YORKERS IN THE EYES OF THE LAW, THEY ARE DONALD TRUMP'S PEERS. THESE ARE SEVEN MEN AND FIVE WOMEN WHO GOT JURY DUTY AS MANY OF OUR VIEWERS WILL HAVE RECEIVED IN THEIR LIFETIME AND REALIZE THAT THEY WOULD BE AT THE CENTER OF AN HISTORIC CASE. AND NOW, THEY COME FROM VARIOUS BACKGROUNDS RANGING FROM TWO ATTORNEYS AND ALSO A FORMER INVESTMENT BANKER. A TEACHER, A SOPHOMORE -- SOFTWARE ENGINEER. THEY ARE NOW IN A ROOM TOGETHER ACROSS THE TABLE PRESUMABLY FOR THE FIRST TIME THEY GET TO DISCUSS OPENLY THEIR OPINION, THEIR VIEWS ON THE CASE AND IT DOES COME DOWN TO THEIR OPINIONS. THEIR PERSPECTIVE OF COMMONSENSE. THEIR PERSPECTIVE OF INTENT WHEN THEY SET UP THE FOUNDATION REMINDED THEM OF THE FUNDAMENTAL PRINCIPLES OF LAW. THERE IS A PRESUMPTION OF INNOCENCE AND THE PROSECUTION, ALL OF THE PROOF, THE EVIDENCE THE TESTIMONY THAT THEY BROUGHT FORWARD HAS TO GO BEYOND WHAT THESE JURORS CONSIDER REASONABLE DOUBT. EACH OF THESE 12 PEOPLE HAS TO HAVE BEEN CONVINCED DURING THIS TRIAL THAT DONALD TRUMP FALSIFIED THE BUSINESS RECORDS AND THESE REPAYMENT CHECKS TO MICHAEL COHEN AND HE DID SO IN PURSUIT OF THE WHITE HOUSE KNOWING THAT THE STORMY DANIELS ALLEGATION WILL BE DAMAGING TO HIS CHANCES AND WHAT THEY UNDERSTAND AS COMMON SENSE, THESE ARE JURORS WHO ALSO WITNESSED AT THE BEGINNING OF THIS TRIAL, JURORS GET WILTED DOWN FROM THE HUNDREDS. THERE IS SUCH A FRENZY TO IDENTIFY WHO THESE JURORS MIGHT BE AND WHAT THE POLITICAL MEANINGS WERE, SOME OF THEM BUCKLED UNDER THE MEDIA SPOTLIGHT AND THE PRESSURE OF BEING INVOLVED IN SUCH A MASSIVE CASE. THESE 12 JURORS ARE THE ONES WHO WANTED TO STICK THIS OUT AND FOR MORE THAN FIVE WEEKS HAVE DONE SO AND LISTENED TO THE TESTIMONY AND HAVE REVIEWED EVIDENCE. IT TRULY IS REMARKABLE. IT BOTH IS AND IS NOT REMARKABLE. IT'S SOMETHING THAT HAPPENS EVERY SINGLE DAY ALL ACROSS THE COUNTRY BUT CERTAINLY THERE HAS NEVER BEEN MORE ATTENTION ON 12 JURORS IN THE COUNTRY LIKELY IN RECENT MEMORY THAN THERE ARE ON THESE 12 NOW. >> IT IS SO INTERESTING THAT RIGHT NOW THOSE 12 ARE DISCUSSING THIS CASE FOR THE VERY FIRST TIME. I'M GOING TO HEAD BACK OVER TO ROBERT BECAUSE AS THEY ARE TALKING, THE REST OF THE POLITICAL WORLD HAS BEEN TALKING AS WELL. AND ON THAT NOTE, THEY ARE PHYSICALLY SUPPORTING HIM OFFERING THEIR PRESENCE IN SOLIDARITY, TALK TO US A BIT ABOUT THE POLITICS. HOW HE IS BEING PERCEIVED WITHIN THE PARTY THERE WAS A STRANGE POLITICAL AMERICAN SCENE BUT ESPECIALLY HERE IN THIS MICROCOSM. THE ACADEMY AWARD-WINNING ACTOR, AND THEN YOU HAVE JASON MILLER, TWO TOP ADVISERS TO TRUMP WATCHING IT ALL UNFOLD, IT IS VERY RARE FOR THESE TWO CAMPAIGNS AHEAD OF THE GENERAL ELECTION DEBATES TO HAVE ANY KIND OF THE INTERACTIONS, HERE THEY ARE IN LOWER MANHATTAN HAVING THE EXCHANGE AT LEAST WATCHING EACH OTHER AS THIS KIND OF SURREAL POLITICAL AND LEGAL EPISODE PLAYS OUT. THIS REALLY CAPTURES WHAT'S GOING ON HERE. THEY KNOW THAT TRUMP IS THE PRESUMPTIVE NOMINEE. DESPITE WHAT HAPPENS HERE, THERE IS NO SIGN THAT REPUBLICANS ARE GOING TO BACK AWAY FROM TRUMP AS THEIR NOMINEE. THAT IS A SIGN THAT ACROSS THE PARTY RANK, THEY STAND WITH TRUMP. WHERE IS PRESIDENT BIDEN, HE WANTS TO REALLY SHINE MORE OF A LIGHT ON TRUMP'S CONDUCT IN THE COMING WEEKS UNFOLDING. HE WANTS TO BRING THE ISSUE OF AMERICAN DEMOCRACY TO THE FLOOR AS WELL. YOU CAN EXPECT TO HEAR MORE FROM DEMOCRATS ABOUT TRUMP, HIS ISSUES LEGALLY AND POLITICALLY AND DEMOCRATICALLY IN THEIR VIEW IN THE COMING MONTHS. >> SOME OF THE PROTESTERS THAT HAVE GATHERED OUTSIDE OF THE COURTHOUSE, I WANT TO BRING IN CBS NEWS LEGAL CONTRIBUTOR FOR A LEGAL ANALYSIS, SHE IS OF COURSE A PROFESSOR, LET'S TALK ABOUT STACKING, THE WAY THAT THESE CHARGES HAVE BEEN PRESENTED BY THE PROSECUTION IS REALLY ESSENTIAL TO THEIR CASE THAT THESE ARE FELONY COUNTS. DISCUSS FOR OUR VIEWERS THE INTRICACIES OF THAT AND WHY THAT IS GOING TO BE A REALLY IMPORTANT QUESTION TO THESE JURORS WHO ARE EVALUATING THESE CHARGES NOW. >> THIS DOESN'T FEEL LIKE THE TYPICAL CASE BECAUSE WHAT WE MIGHT SEE HERE IS MISDEMEANOR PLUS MISDEMEANOR EQUALS FELONY. AND LET'S TALK ABOUT WHAT I MEAN BY THAT. TYPICALLY THE FALSIFICATION OF BUSINESS RECORDS, MEANING YOU LIED WHEN IT COMES TO INVOICES OR LEDGERS, YOU HAD AN ATTEMPT TO DEFRAUD TYPICALLY THAT ALONE IS A MISDEMEANOR. HOW IN NEW YORK DO YOU KICK THAT UP TO A FELONY? YOU DO SO BY SHOWING YOU LIED ON THE BUSINESS RECORDS IN ORDER TO TRY AND COMMIT OR CONCEAL ANOTHER CRIME. WHAT IS THAT OTHER CRIME TO GET TO YOUR QUESTION ABOUT STACKING? HEAR WHAT THE PROSECUTION IS REALLY DENNIS POINT TO A STATE CODE THAT TALKS ABOUT UNLAWFUL ELECTION INTERFERENCE. THEN, THEY HAVE TO STUCK ON TOP OF THAT FILLING IN THE MEANING OF THE WORD UNLAWFUL. AND SO, HOW ARE THEY DOING OUT HERE? THEY'RE POINTING POTENTIALLY TO CAMPAIGN FINANCE VIOLATIONS TO TAX VIOLATION, AND TO OTHER FALSIFICATION RECORDS. THEY DON'T HAVE TO CONVICT ON THOSE OTHER CRIMES. LET'S REMEMBER. THEY DON'T HAVE TO GET A CONVICTION FOR CAMPAIGN- FINANCE, THEY DON'T HAVE TO GET A CONVICTION FOR TAX FRAUD. THE BUSINESS RECORDS WERE FALSIFIED, THAT WAS UNLAWFUL ELECTION INTERFERENCE AND HERE IS HOW WE GET TO UNLAWFUL, NOT REGULAR ELECTION INTERFERENCE BUT UNLAWFUL INTERFERENCE >> PART OF THE DEFENSE'S CASE ON THIS IS THAT YOU CAN'T TRUST MICHAEL COHEN, THE FORMER LAWYER AND FIXER FOR DONALD TRUMP FOR MANY YEARS BECAUSE THEY SAY THAT HE PERJURED HIMSELF AS A LIAR. HOW IS -- IMPORTANT IS HIS TESTIMONY TO THE PROSECUTION'S ABILITY TO GET ALL OF THOSE? >> WE ARE ABOUT TO FIND OUT IN THE SENSE THAT WHAT THE PROSECUTION SAID IS LET'S LOOK AT EVERYTHING YOU HEARD. IT'S NOT JUST MICHAEL COHEN, LOOK AT THE EVIDENCE, THE LEDGERS THEMSELVES LET'S LOOK AT WHAT MAKES SENSE AFTER THE ACCESS HOLLYWOOD TAPES BEFORE THE VOTING AND WHAT THE PROSECUTION IS TRYING TO SHOW HERE IS OF COURSE MICHAEL COHEN IS A LIAR. YOSEMITE WAS HUGE CREDIBILITY ISSUES BUT DOES HE HERE? IT WOULD JUST MEAN HIS LYING IT WOULD MEAN THAT THERE ARE OTHER PARTS OF THE STORY THAT SIMILARLY WOULD NOT MAKE SENSE. MICHAEL COHEN IS A LIAR OVER AND OVER AND OVER AGAIN YOU NEED HIM FOR A CONVICTION NOW, WHO IS RIGHT? WE WILL KNOW WHEN WE GET THAT VERDICT BUT I WILL SAY THE PROSECUTION OBVIOUSLY PUT FOUR MORE WITNESSES AND MORE EVIDENCE THAN JUST MICHAEL COHEN. >> THEY HAVE GONE BEYOND REASONABLE DOUBT. HE CONTINUES TO MAINTAIN HE IS NOT GUILTY THAT THIS IS A WITCHHUNT. EVEN IF THEY WERE TO RETURN A GUILTY VERDICT, HE WOULD APPEAL THAT. WHAT IS THE IMPLICATION FOR THIS CAMPAIGN THAT IS REALLY STARTING TO RAMP UP FOR THE PRESIDENT OF THE UNITED STATES? >> A LOT WOULD DEPEND ON WHAT THE SPECIFICS WERE OF THE SENTENCE SHOULD TRUMP END UP THERE WITH THE SENTENCE, SHOULD THERE BE A GUILTY VERDICT. FOR EXAMPLE, IF THE JUDGE SAYS DURING THE APPEALS PROCESS YOU DON'T NEED TO BE IN HOME CONFINEMENT, YOU DON'T NEED TO BE IN JAIL. THERE IS A WAY THE JUDGE COULD SPECIFY AS PART OF A SENTENCE. YOU WOULD NEED TO REMAIN IN CONFINEMENT, IT'S SEEN WIDELY BY LEGAL EXPERTS AS UNLIKELY. WE ARE AT AN UNCERTAIN POLITICAL AND LEGAL CROSSROADS. WE DON'T KNOW WHAT THE JURY IS GOING TO DO. THERE IS ON THE HORIZON A POSSIBILITY THAT TRUMP'S SCHEDULE, WHETHER IT IS BECAUSE OF A GUILTY VERDICT AND APPEALS PROCESS, OR MAYBE EVEN A NEW TRIAL, IT COULD BE A DECISION BY THE COURT TO HAVE THIS TRIAL ONCE AGAIN. THAT IS HAPPENED BEFORE WHERE THERE IS A HUNG JURY AND THEY CAN'T COME TO A CONSENSUS. THERE ARE A LOT OF VARIABLES IN THE AIR. ALL OF THAT IS WEIGHING ON THE MIND OF TRUMP ADVISERS AND THEY REALLY WORRY THAT TRUMP IS PAINTING A REAL COST HERE. THE TIME THEY BELIEVE IS BEING WASTED, NOT DOING WHAT HE NEEDS TO DO ON THE CAMPAIGN TRAIL BUT THEY HAVE NO CHOICE. >> THE JURORS NOW HAVE THOSE INSTRUCTIONS FROM THE JUDGE, THEY
