Name: Ruling: Judge allows family to see video of Andrew Brown shooting, delays public release
Uploaded: 2021-04-28T12:50:00-0400
Duration: 566678
Description: Judge Jeffrey Foster said he would give the State Bureau of Investigation and the Pasquotank County Sheriff's Office 30 to 45 days to finish the investigation before allowing the video to be released.

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Judge Jeffrey Foster said he would give the State Bureau of Investigation and the Pasquotank County Sheriff's Office 30 to 45 days to finish the investigation before allowing the video to be released.

<p>All right. Um I'm sorry that took longer than I thought, but I wanted to be sure that mhm. Had it like I wanted it. All right. Um mm First of all I want to thank everyone for your arguments and you work in this case. Uh I say many times it's always a pleasure court is always a pleasure when you have good lawyers. It just makes things better. And everyone who who was before the court today did an excellent job was prepared. So I appreciate that. Thank you very much for that. Um I'm going to begin with the 21 CVS 26 to the media application for release um of the recordings. The court having reviewed the evidence, the petition reviewed the brief filed by mr tidy on behalf of his clients and all the attachments there too. The court is going to find that with regard to the media's request were released that The media is not a party contemplated under 132 deaths 1.4 G. Uh for release. Uh uh but if they were and it was appropriate to release to them. Uh The court undertook the analysis under jean with regard to release the recordings and finds that there is evidence that the release would advance a compelling public interest. Uh There is evidence that the recording contains information that is otherwise confidential or exempt from disclosure release under state of federal law. Um The court finds that the petitioner is not a person requesting are seeking to obtain evidence to determine legal issues. In a current potential court proceeding, The court finds # four that it would reveal information regarding a person that is of a highly sensitive personal nature. Number five, that the release may harm the reputation or jeopardize the safety of a person. Number six, that the release would create a serious threat to the fair, impartial and orderly administration of justice And number seven. That confidentiality is necessary at this point to protect either to protect an active internal and criminal investigation or potential internal criminal investigation. The court therefore finds that the Good College does not exist for granting the petition of the media petitioners and therefore that petitioners respectfully denied by the court. Um that is my ruling. I'm going to prepare a order to that effect and and that will be prepared uh sometime this week and I'll get that out to you uh a formal written format at that time. Why? With regard to 21 CBS 261, the petition of Pascua tank sheriffs Department to release records to Khalil Ferebee, who's the adult son of the deceased, Mr Brown. The court is going to find as follows that this matter is properly before the court on the petition to release uh to the extent that notice was required notice was given by Mr. With Mr Williams agreeing to hear the matter on behalf of his clients but reserving his objection for lack of notice, The court has jurisdiction this matter pursuant to G. S. 1 32-1 point four A. And all sub parts um after hearing the arguments for the petition and the response from the district Attorney for this Judicial district and counsel for the respondents of all interested parties, the court finds as follows, number one, that the past the county Sheriff's Department is a custodial law enforcement agencies. That term is defined in the statute number two. The Khalil Fair B is a personal representative uh under 1 32 that's 1.4 C. Four and he's a proper person uh to whom the subject videos may be disclosed. The court, considering the factors enumerated in subsection D. Of the statute, number four, that the court additionally considers the release of the video in addition to disclosure which the court finds is appropriate. I've also considered release under the statute using the same criteria. The court finds that number one, the release uh does is a compelling public interest number two, that the recording contains information that is otherwise confidential or exempt from disclosure or release under state or federal law. Number three. Um The person requesting releases seeking is seeking to obtain evidence to determine legal issues in a current or potential court proceeding. But number four, the court finds that release would reveal information regarding a person that is of a highly sensitive personal nature. Court finds number five that the release may harm the reputation or jeopardize the safety of a person By release # six. That the release at this time would create a serious threat to the fair, impartial and orderly administration of justice. Number seven confidentiality is necessary to protect uh, either an active internal criminal investigation or a potential internal criminal investigation based on those findings, um, comme pending completion of the investigation in any decision regarding the prosecution of the potential defendant. The court orders as follows that the five body camera videos be disclosed to khalil therapy and his immediate family within one degree of kinship and one attorney licensed to practice law in the state of north Carolina. That is disclosure that the video be held from release For a period of no less than 30 days and no more than 45 days. And that that will allow to allow completion of any investigation being undertaken by the FBI and by the district attorney's office in this county, Number three, that the state is to notify the court when such investigation is completed. And the court in its discretion will consider at that time, further release of the video based on the factors as they exist at that time. Uh The disclosure of the video shall occur within 10 days in the past, protect county Sheriff's Department is ordered to blur or redact all facial and identifying features of the officers shown prior to disclosure. That means facial features, name tags, any identifying information of those offers officers prior to disclosure the court in its final order in this matter, will specify the timeframes within which the video may be disclosed in viewing the video, there were certain portions of the video that were conversations between officers between appears. I'm going to evaluate those videos, determine which portions are appropriate for release and uh for disclosure. I'm sorry and then we'll provide that in my order so that the videos can be properly prepared to be disclosed to the family. All that To be accomplished within the next 10 days. All right. Um that's the that's how I'm gonna rule. Anyone have anything they want to add or ask with regard to clarification your honor. I believe there are four videos rather than, I'm sorry. You're right. There are there's five files, but there's four bids. Okay. All right. Thank you. So I apologize you're correct or anything else your honor. While sitting here, I received an order for Miss Hale regarding our request. Also that went to Elizabeth City Police Department with your determination that my clients are entitled to seek release under subsection G. Are you dismissing that additional portion of our petition as well? Well, I didn't hear that portion of the petition, I don't believe Well, I guess what I'm getting at is if we don't have standing we wouldn't have standing for that. And that's that. Yeah, that would be my analysis. But I mean, I'm not I don't want to prejudge it because I didn't Again I didn't hear that portion. All right. All right. Uh Would would your honor consider certifying your order for immediate? Um I'll take that under advisement. Thank you. All right. Yes, sir. Uh Will you be fair in that order as well? Your honor and Yes. All right. Thank you. Major warnings. Your honor, Major wall in the Sheriff's office. I just want to clarify. It is four body cameras. One body camera. Just have two videos. So it was five body cameras and one in Kharkiv. Okay. All right. Okay. Thank you. Thank you. And I'll specify that in my order and I'll clarify that with you before I entered the Thank you, Mark. Is anything else that we need take up today in this man? All of those things. Alright, again, thank you all for being here. Uh, if everyone would remain seated at this time, we're going to adjourn court and give the officers the opportunity to do what they need to do before they can make sure that you folks, I'll get out in an orderly fashion. All right.</p>

Ryan Bisesi

Ruling: Judge allows family to see video of Andrew Brown shooting, delays public release

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I'm meteorologist, Kat Campbell in the wr a severe weather center. No more thirties in the forecast and we don't have a frost threat tonight so you can leave your plants be, temperatures are falling into the upper forties to lower fifties overnight. We've got a different wind direction and some more clouds that will fill in by daybreak tomorrow at the bus stop, it'll be in the low to mid fifties for most of the kids out there. So a mild start, but you may want to send your kids to school with an umbrella because by the time they head home, some of us are going to be dealing with a chance for rain during the afternoon. It's all due to this cold front. Approaching from the northwest. There's not a lot of moisture for the front to work with, but just enough and enough lift to squeeze out some rain. I think that rain chances would start in our northwestern counties around 11 a.m. through lunchtime. And then that chance is really closer to, to three o'clock here in the triangle. But that might be when the kids are heading home as we get toward 456. It would be south and east of the triangle with the best chance for rain. Rocky Mount, Southern Pines. I'm thinking you'll be in that 3 to 5 p.m. time frame for rain. It's not going to be a very heavy rain. There is a small chance of a thunderstorm embedded, but most of us will just see some pretty light rain. In fact, models are showing less than 5/100 of an inch of rain. So very tiny rainfall amounts from this event. We do have the Durham Bulls in town this week. And luckily the forecast looks good for all of their home games. First pitch is at 6:35 p.m. Wednesday, Thursday and Friday. We've just got wonderful baseball weather. Temperatures will be near 70 for the first pitches and the rain should be over in Durham, the triangle by the time we get to dinner time for tomorrow evening, which means it's likely to be a dry game for us. Your seven day forecast show, some big changes are on the way though. We've got 74 for the high Wednesday with chance for rain Thursday just 72. So a small dip in our high temperatures more noticeable at night though we fall into the upper forties Thursday night to Friday morning, we're going with 47 as the low Friday morning around the triangle. And then once we get to the weekend temperatures begin to rebound. However, that will come with an increasing cloud cover mostly cloudy Saturday and Sunday. But back in the eighties by Sunday and even warmer next week, highs could climb near 90 a week from today.

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Good afternoon. I'm Grace Hall and welcome to this afternoon's drawings for Tuesday, April 23rd, 2024. Let's get started with the Carolina pick three. The first pick three number is the first number is one followed by 30 and then your fire ball is four. Joining me for this afternoon's drawing is our auditor from mcconnell and Jones L LP. Now let's move on to the Carolina pick for the first pick four. Number is still waiting for those numbers to draw. As I said this afternoon's drawing, our auditor is mcconnell Jones L LP. Now we've got your first number is eight then zero, then nine followed by eight and your fireball is four. Thank you for watching.

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Good evening. I'm Gayle. Her, welcome to tonight's drawings for Monday, April 22nd, 2024. Well, let's get started tonight with our Carolina pick three. Our first winning number is a two. Our second number is six and the third number today is three and our pick three. Fireball number is four. Joining me for tonight's showing is our auditor from mcconnell and Jones L LP. Now let's move to the Carolina pick four. Good luck. Everyone who's at first winning pick four. Number, it's a two. Our second number here it comes. It's two again. Third number tonight is three and our fourth number is a nine and our pick for a fireball number is six. We turn now to the Carolina cash five. If no one wins the top prize tonight, tomorrow's our prize is estimated at $451,000. Good luck. Everyone is their first winning cash five number. It is a 39. Our second number 14, 3rd number tonight is 12. Our fourth number is 28 and the final number in our cash five this evening is 31. The North Carolina Education lottery has contributed over $10 billion to education. Get your winning numbers right here every night in your exclusive station for the North Carolina education lottery. Thanks for playing. Have a great night.

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Good evening, America. I'm Michelle Isles. Tonight. We've got another life changing jackpot for you in an estimated amount of $116 million. Get your tickets out. We'll start things off tonight with the number 39 right after that America. We have 12. Let's congratulate Francisco Nunez of North Carolina who won $150,000. Now, your next number up tonight is 16. That's followed by 52 and we're rounded out tonight with 33. Now for your winning powerball number. Good luck, everyone. It is one and your power play multiplier is two. Let's take another look at those winning numbers. Remember there are multiple ways to win. We'll see you back here Wednesday night. Good night. It's time to play America's favorite.

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NBC News provides a special report on the end of testimony for the day in the trial of Donald Trump.

OCTOBER OF 2016 WHEN SHE CAME FORWARD TO THE "NATIONAL ENQUIRER," THE "NATIONAL ENQUIRER" IN TURN CONTACTED MICHAEL COHEN WHO THEN PAID HER $130,000 JUST TWO WEEKS BEFORE THE 2016 ELECTION THE D.A.'S OFFICE FROM DISTRICT ATTORNEY ALVIN BRAGG'S TEAM HAVE OUTLINED HERE OVER THE COURSE OF 45 MINUTES IN OPENING STATEMENTS THAT THEY INTEND TO SHOW THAT THERE IS A CONSPIRACY, THAT DONALD TRUMP DIRECTED THE PAYMENTS IN 2016 WEEKS BEFORE THE ELECTION TO STORMY DANIELS, AND THAT HE WOULD THEN IN TURN IN 2017 REIMBURSE MICHAEL COHEN FOR THOSE PAYMENTS. THE WHAT DID DONALD TRUMP KNOW AND DIDN'T KNOW IS AT THE HEART OF THIS CASE. BACK IN 2016 WHEN THIS CASE BECAME PUBLIC, HE INITIALLY DENIED THAT HE WAS AWARE OF THE STORMY DANIELS PAYMENT OF $130,000, BUT WHAT YOU ARE HEARD FROM HIS DEFENSE TEAM WHEN THEY TOOK THE OPPORTUNITY TO PUT FORWARD THEIR OPENING STATEMENTS OVER 35 MINUTES, HIS DEFENSE LAWYER OUTLINED THAT DONALD TRUMP WAS A SYMPATHETIC FIGURE IN THIS, THAT HE DID NOT COMMIT ANY CRIME, THAT HE COMPENSATED MICHAEL COHEN AS HIS PERSONAL LAWYER, THAT IT WAS NOT A REPAYMENT TO COVER UP THE STORMY DANIELS' STORY BEFORE THE 2016 ELECTION, BUT HE WAS SIMPLY PAYINGIM AS HIS PERSONAL LAWYER. HE TOLD THE JURY -- THIS WAS DONALD TRUMP'S ATTORNEY -- THAT THEY SHOULD IGNORE THE TESTIMONY FROM THE LIKES OF STORMY DANIELS WHEN SHE TAKES THE STAND SAYING YOU'RE GOING TO HEAR SALACIOUS MATERIAL ABOUT ALLEGED AFFAIRS AND AN ATTEMPTED HUSH MONEY PAYMENT, BUT NONE OF THAT MATTERS BECAUSE AT THE HEART OF THIS IS OVER FINANCIAL RECORDS AND THAT DONALD TRUMP WAS NOT THE ONE THAT ULTIMATELY WAS RESPONSIBLE FOR THOSE ACTS. AND SO THIS IS GOING TO BE AN INTENSE FIVE TO SEVEN-WEEK TRIAL HERE. TOMORROW THEY WILL RETURN TO COURT FOR SEVERAL HOURS BEFORE WE LOOK AT OTHER WITNESSES INCLUDING STORMY DANIELS AND OF COURSE, MICHAEL COHEN WHOM THE DEFENSE TEAM FOR DONALD TRUMP ALREADY WAS QUESTIONING THE CREDIBILITY OF SAYING THAT MICHAEL COHEN'S TRUE INTENT HERE IS JUST TO GET DONALD TRUMP AND GET HIM INTO JAIL AFTER THOSE TWO, BEING THE FORMER LAWYER, FORMER FIXER, THE TWO OF THEM PARTED WAYS AS ALL OF THIS CAME TO LIGHT IN 2018. FOR DONALD TRUMP AND HIS PART INSIDE OF THAT COURTROOM FOR LONG PERIODS OF TIME, HE KEPT HIS EYES SHUT, BUT AT OTHER MOMENTS, HE WAS LOOKING AT HIS DEFENSE LAWYER TODD BLANCHE AS HE BEGAN TO MAKE HIS CASE TO THE JURY. AND HE ALSO TURNED AROUND AND LOOKED AT THE GALLERY, LOOKED AT THOSE WHO WERE IN THE ROOM. HE ATTEMPTED TO MAKE EYE CONTACT WITH DAVID PECKER, THAT "NATIONAL ENQUIRER" PUBLISHER WHO WAS A LONG-TIME, ONE-TIME FRIEND OF HIS. THIS FOR HIM IS GOING TO BE A LONG HAUL HERE, BUT ONE THAT COULD ULTIMATELY LEAD TO HIM AND HIS LEGAL FATE EITHER BEING FOUND GUILTY OR INNOCENT OR THE VERY REAL POTENTIAL OF A HUNG JURY. THE FIRST WITNESS TAKE THE STAND IN WHAT IS A MONUMENTAL DAY FOR DONALD TRUMP, THE FORMER PRESIDENT'S CRIMINAL TRIAL. >> DID YOU HEAR ANYTHING FROM THE OTHER SIDE THAT SUGGESTS SOMETHING NEW IN HOW THEY WANT TO FRAME THIS CASE FOR THE JURY? >> Reporter: THE QUESTION WAS ABOUT THE EVIDENCE AND TESTIMONY THAT THE PROSECUTION WAS GOING TO BE ABLE TO BRING FORWARD BECAUSE IF YOU JUST TAKE DAVID PECKER, THAT MAN WHO WAS AT TRUMP TOWER WITH MICHAEL COHEN, WITH DONALD TRUMP, THE QUESTION WAS WHAT KIND OF TESTIMONY AND EVIDENCE WOULD HE BE ABLE TO PROVIDE? BECAUSE HE HAS NEVER DONE A PUBLIC INTERVIEW. HE HAS NEVER PUBLICLY DISCUSSED THIS, BUT WHAT THE PROSECUTION OUTLINED IS THAT THEY HAVE CORROBORATING EVIDENCE THROUGH EMAILS AND TEXT MESSAGES AND PHONE CALLS. THEY EVEN HAVE GOING BACK TO OCTOBER 26th OF 2016 A PHONE CALL, TWO PHONE CALLS THAT TOOK PLACE BETWEEN DONALD TRUMP AND MICHAEL COHEN IN WHICH THEY ALLEGE THAT MICHAEL COHEN JUST AFTER THOSE PHONE CALLS WENT TO A BANK, SET UP A BANK ACCOUNT IN THE FOLLOWING DAY, WIRED $130,000 TO STORMY DANIELS. SO THE PROSECUTION IS MAKING THE CASE THAT THIS IS MORE THAN JUST THE TESTIMONY OF MICHAEL COHEN BUT WE HAVE THE RECORDS. THE QUESTION IS DO THEY HAVE ENOUGH TO MAKE DONALD TRUMP THE TRUE CRIMINAL DEFENDANT HERE AS HIS DEFENSE TEAM HAS MADE THE CASE, LESTER, THAT THIS WAS A MATTER OF FINANCING AND THAT THOSE IN THE TRUMP ORGANIZATION WHO WERE RESPONSIBLE FOR KEEPING THOSE FINANCIAL RECORDS, IT WAS INCUMBENT ON THEM ON HOW THOSE RECORDS WERE ACTUALLY MAINTAINED AND THAT LEGAL, WHICH IS AT THE HEART OF THE FINANCIAL FRAUD ALLEGATIONS THAT ARE BEING MADE AGAINST DONALD TRUMP HERE, THAT THOSE DENOTATIONS OF LEGAL EXPENSES WERE FAIR AND JUST BECAUSE THAT IS WHAT DONALD TRUMP THOUGHT THAT HE WAS ACTUALLY USING MICHAEL COHEN FOR AND THAT THE IDEA OF REPAYING HIM FOR A HUSH MONEY PAYMENT WAS NOT AT THE FOREFRONT OF DONALD TRUMP'S MIND WHILE HE WAS SITTING IN THE OVAL OFFICE THROUGHOUT THE YEAR OF 2017. >> ALL RIGHT, VAUGHN, I'M GOING TO ASK YOU TO STAND BY. LET ME BRING IN FOR MORE, OUR SENIOR WASHINGTON CORRESPONDENT HALLIE JACKSON, AND NBC NEWS LEGAL ANALYST, DANNY CEVALLOS. GOOD TO HAVE YOU BOTH HERE. HALLIE, FIRST OFF, FRAME WHAT WE HAVE HEARD TODAY. >> THE PROSECUTION IS ESSENTIALLY LOOKING TO LAY OUT THE CASE, AND YOU HEARD THIS COME UP A COUPLE OF TIMES IN THE OPENING STATEMENTS TODAY, THAT THIS GOES BEYOND SIMPLY WHAT WE ALL SHORTHAND IT AS THE HUSH MONEY TRIAL, THAT THIS WAS ABOUT ELECTION INTERFERENCE. THEY DID SOMETHING INTERESTING, THEY TOOK THIS PHRASE THAT IN MANY WAYS THE FORMER PRESIDENT HAS CO-OPTED, THIS IDEA OF ELECTION FRAUD AND THEY TRIED TO FLIP IT AND USE IT AGAINST DONALD TRUMP IN THESE OPENING STATEMENTS, DESCRIBING WHAT HE DID AS ILLEGAL ELECTION FRAUD, THAT HE TRIED TO COVER UP ALONG WITH MICHAEL COHEN AND DAVID PECKER THIS, YOU KNOW, MONEY TO COVER UP AN ALLEGED SEX SCANDAL. WHAT THE DEFENSE DID WAS TRY TO TAKE THAT BACK. YOU HEARD THIS VERY INTERESTING LINE FROM TODD BLANCHE, THE LEAD ATTORNEY THERE FOR THE FORMER PRESIDENT WHO SAID SPOILER ALERT, THERE'S NOTHING WRONG WITH TRYING TO INFLUENCE AN ELECTION. IT'S CALLED DEMOCRACY. KIND OF AN EXTRAORDINARY LINE TO HEAR FROM THE FORMER PRESIDENT'S TEAM, AND SO THE DEFENSE CAME BACK, BLANCHE SAID THAT, BUT ALSO TRIED TO MAKE DONALD TRUMP SEEM SUPER RELATABLE. THAT WAS STRIKING AT SEVERAL MOMENTS FOR THE DEFENSE'S OPENING STATEMENTS TALKING ABOUT, SURE, HE'S THE FORMER PRESIDENT, BUT HEY, HE'S JUST LIKE US. HE'S A FATHER. HE'S A HUSBAND, YOU KNOW, WE'RE ALL NEW YORKERS HERE. WE ALL GET IT. TRYING TO ESTABLISH THAT PERSONAL RELATIONSHIP WITH THE JURY IN HOPES THAT THAT COULD SERVE THE DEFENSE TEAM OVER THE COURSE OF THE NEXT SIX WEEKS THERE. WHAT I'M GOING TO BE WATCHING FOR, YOU ASKED ABOUT WHAT COULD BE NEW HERE, AND YOU HEARD VAUGHN ALLUDE TO SOME OF THIS, THE PROSECUTION HAS RECEIPTS. THEY'RE ALLUDING TO A TAPE WITH THE FORMER PRESIDENT'S VOICE ON IT. THEY'RE ALLUDING TO A PHOTOGRAPH FROM THE OVAL OFFICE OF DONALD TRUMP WITH MICHAEL COHEN. THEY'RE GOING TO TRY TO PROVE THAT MICHAEL COHEN, STORMY DANIELS, THAT THE PAPER DOCUMENTS, THE EVIDENCE, THE PAPER TRAIL PROVES THEIR CASE. >> SO DANNY, THEY'RE GOING TO SAY, THE DEFENSE IS GOING TO SAY THERE'S NO CRIME HERE? >> THEY'RE GOING TO DO THAN THAT. THEY ACTUALLY OPENED WITH HE'S INNOCENT. WHICH IS AN INTERESTING CHOICE OF WORDS. INNOCENCE IS NOT DETERMINED AT CRIMINAL TRIAL, GUILTY OR NOT GUILTY. SOMETIMES IF YOU FEEL THAT YOUR CASE IS PARTICULARLY STRONG, YOU MAY TRY TO ESSENTIALLY ARGUE INNOCENCE TO THE JURY. MY CLIENT IS SO NOT GUILTY THAT HE'S INNOCENT, AND THEY ESSENTIALLY OPENED WITH THAT. WE ALREADY GOT A PREVIEW AND THERE WERE NO SURPRISES. THEY'RE GOING TO POINT TO MICHAEL COHEN AS SOMEBODY WHO IS NOT CREDIBLE. THEY'RE GOING TO POINT TO STORMY DANIELS AS SOMEONE WHO IS NOT CREDIBLE, ALTHOUGH YOU COULD ARGUE THAT STORMY DANIELS IS ALMOST NOT NECESSARY AS A WITNESS IN THIS CASE. HER INVOLVEMENT IS KIND OF TANGENTIAL. THE AFFAIR ITSELF IS NOT CRITICAL TO WHETHER OR NOT IT ACTUALLY HAPPENED FOR THIS CASE. SO REALLY WHAT WE GOOD PREVIEW OF IS EXACTLY WHAT WE EXPECTED FROM THE PROSECUTION. THEY GOT OUT IN FRONT OF WHAT THEY CONSIDER THEIR MICHAEL COHEN ISSUE, THAT HE MIGHT HAVE CREDIBILITY  ISSUES. IN THE SPECTRUM OF COOPERATING WITNESSES, MICHAEL COHEN, WHO IS NOT TECHNICALLY A COOPERATING WITNESS, HE'S PROBABLY ON THE LOW END OF LACK OF CREDIBILITY. MOST COOPERATES WITNESSES ARE BROUGHT IN FROM THE PRISON IN SHACKLES, AND THEY HAVE TONS OF ISSUES WITH CREDIBILITY AND CRIMINALITY. BUT AS THE PROSECUTION WILL SAY, AS THEY ALWAYS SAY, IT'S A STANDARD LINE, WE DIDN'T CHOOSE THIS WITNESS. THE DEFENDANT CHOSE THIS WITNESS. BUT, YOU KNOW, AS THIS -- THE OPENINGS COME TO A CLOSE, I THINK ALL EYES ARE ON THE STAR WITNESS, AND I DON'T THINK I MEAN MICHAEL COHEN ANYMORE. I THINK DAVID PECKER IS GOING TO BE A CRITICAL WITNESS BECAUSE, NUMBER ONE, HE CORROBORATES MICHAEL COHEN. HE ESTABLISHES THE ALLEGED CONSPIRACY, AND HE CORROBORATES A LOT OF DIFFERENT DOCUMENTS THAT ARE GOING TO SUPPORT WITNESSES LIKE MICHAEL COHEN. THE GOVERNMENT, THE PROSECUTION HAS A WAY OF MAKING MICHAEL COHEN'S LACK OF CREDIBILITY A MINIMAL ISSUE, AND IT LOOKS LIKE THEY'RE GOING RIGHT IN THAT DIRECTION. >> THE PROSECUTION MADE AN EFFORT TO POOUT THAT DAVID PECKER HAD BROUGHT A LAWYER TO THE COURTROOM WITH HIM. IS THERE SOME STRATEGY IN THAT? >> NOT NECESSARILY. WHAT YOU WANT TO DO IS IF YOU'RE THE STATE AND YOU HAVE A COOPERATING WITNESS, YOU DON'T WANT TO LOOK LIKE YOU'RE TOO HAND IF HAND WITH THAT WITNESS. I'LL GIVE YOU SOME OF THE STANDARD LINES AS A DEFENSE ATTORNEY THAT YOU'RE GOING TO HIT THAT COOPERATING WITNESS WITH, WHICH IS ESSENTIALLY FRAME THEM AS DOING ANYTHING THEY CAN TO PLEASE THEIR CAPTORS AND THEIR CAPTORS ARE THE GOVERNMENT WHO HAVE OFFERED THEM A DEAL. THEY'VE GOTTEN HAND IN HAND WITH THE DEVIL. THEY'RE TOO COZY WITH PROSECUTORS. THIS IS A COMMON THEME WHEN YOU'RE ATTACKING CORROBORATING WITNESSES OR PEOPLE TESTIFYING FOR THE GOVERNMENT. THE STATE WILL HAVE PREPARED THEIR WITNESSES FOR THIS. THEY'LL HAVE AN ANSWER FOR THAT IN CROSS EXAMINATION, THAT'S PROBABLY WHAT YOU'LL SEE. >> I WANT TO GO BACK TO VAUGHN FOR AMOMENT. WE KNOW THE FORMER PRESIDENT HAD ED A COUPLE OF TIMES THAT HE WOULD TESTIFY. I ASSUME THAT DECISION OFFICIALLY IS STILL WEEKS AWAY, BUT WHAT DO WE KNOW ABOUT THAT? >> Reporter: RIGHT, DONALD TRUMP'S CREDIBILITY, LESTER, IS GOING TO BE CRITICAL HERE FOR THIS JURY WHEN THEY'RE DETERMINING THE EXTENT TO WHICH HE IS GUILTY OR INNOCENT HERE. AND YOU SAID TWO TIMES NOW ALREADY IN THE LAST WEEK HE HAS MADE CLEAR THAT HE WOULD TESTIFY IN HIS OWN DEFENSE, BUT THERE ARE NUMEROUS QUESTIONS THAT DONALD TRUMP HAS NEVER PUBLICLY OR PRIVATELY, INCLUDING INSIDE OF A COURTROOM, ANSWERED WHEN IT COMES TO THE SPECIFICS OF THIS CASE. AND ONE OF THOSE COMES DOWN TO THE FACT THAT IN JANUAUARY OF 2018, THAT IS WHEN THE WALL STREET JOURNAL FIRST REPORTED ABOUT THE MICHAEL COHEN AND STORMY DANIELS $130,000 ARRANGEMENT, MORE THAN A YEAR INTO HIS PRESIDENCY, JANUARY OF 2018, WHEN DONALD TRUMP WAS FIRST ASKED ABOUT IT IN APRIL OF 2018 ON AIR FORCE ONE, HALLIE WAS COVERING HIS WHITE HOUSE AT THE TIME. DONALD TRUMP WAS ASKED SPECIFICALLY, DID YOU KNOW ABOUT THE $130,000 PAYMENT TO STORMY DANIELS. DONALD TRUMP REPLIED NO. HE THEN WENT ON TO SAY, QUOTE, YOU'LL HAVE TO ASK MICHAEL COHEN. MICHAEL IS MY ATTORNEY. YOU'LL HAVE TO ASK MICHAEL, AND SO DONALD D TRUMPILL HAVE TO WEIGH KNOWING THAT HE WILL GET THESE QUESTIONS AND DEPENDING ON WHAT THE PROSECUTION HAS IN TERMS OF EVIDENCE AND TESTIMONY FROM THE LIKES OF DAVID PECKER, THAT THEY ARE GOING TO BE ABLE TO REPLAY THOSE VERY COMMENTS FROM DONALD TRUMP IN 2018 AND PUT THEM SIDE BY SIDE TO COMMENTS THAT HE MADE IN 2016. ONE OTHER NOTE ON HIS CREDIBILITY, THERE IS A MAJOR DECISION EARLIER THIS MORNING AS WELL BY THE JUDGE. JUDGE MERCHAN MADE THE DETERMINATION THAT THE PROSECUTION WILL BE ABLE TO INTRODUCE TO THE JURY PREVIOUS TRIAL DETERMINATIONS AGAINST DONALD TRUMP, NAMELY TWO OF THOSE BEING IN JUST THE LAST YEAR, THE E. JEAN CARROLL DEFAMATION CASE AS WELL AS THE CIVIL FRAUD TRIAL IN WHICH JUDGE ENGORON JUST THIS YEAR FOUND THAT HE AND THE TRUMP ORGANIZATION HAD ENGAGED REPEATEDLY IN FINANCIAL FRAUD. THOSE CASES WHICH THE JUDGE IS GOING TO ALLOW THE PROSECUTION TO BRING FORWARD IN FRONT OF THE JURY WILL ALLOW THEM TO TELL THE JURY THAT DONALD TRUMP'S CREDIBILITY AND HIS PENCHANT FOR LYING AND NOT BEING WHOLLY TRUTHFUL ARE GOING TO BE KEY TO UNDERSTANDING THAT DONALD TRUMP'S DEFENSE AND HIS LEGAL TEAM'S DEFENSE ARE NOT ALL THAT CREDIBLE WHEN YOU LOOK AT HIM IN THE ENTIRETY OF THE LAST DECADE THAT STARTED IN AUGUST 2015, WHEN THAT TRUMP TOWER MEETING WHICH DONALD TRUMP HAS NOT PUBLICLY COMMENTED ON, ALL THE WAY INTO 2017 WHEN DAVID PECKER, THE "NATIONAL ENQUIRER" PUBLISHER WAS INVITED TO THE WHITE HOUSE FOR A DINNER THAT THE D.A.'S OFFICE SAYS WAS ARRANGED FOR DONALD TRUMP, THE THEN PRESIDENT, TO THANK DAVID PECKER FOR HIS EFFORTS TO SQUASH THOSE SALACIOUS STORIES FROM KAREN McDOUGAL AND STORMY DANIELS. >> WE'RE SEEING FORMER PRESIDENT TRUMP, THERE HE IS, OUTSIDE THE COURTHOUSE OR OUTSIDE THE COURTROOM. HE'S PREPARING TO LEAVE AS HE OFTEN DOES. HE ADDRESSES THEAMERAS GATHERED THERE. DANNY, LET ME BRING YOU BACK INTO THE CONVERSATION. THERE IS ANOTHER MATTER THAT THE FORMER PRESIDENT FACED. THAT'S THE QUESTION OF THE GAG ORDER AND WHETHER HE HAS RECENTLY VIOLATED THAT. THAT'S GOING TO COME BACK UP TOMORROW, CORRECT? >> YES, AND LAST WEEK I SUSPECT THAT JUSTICE MERCHAN SAID IT FOR MORE THAN A WEEK OUT BECAUSE OF A COUPLE DIFFERENT REASONS. NUMBER ONE, HE HAD HUNDREDS, IF NOT THOUSANDS, OF POTENTIAL JURORS TO GET THROUGH, AND HE WANTED TO GET THE PARTY STARTED. WHEN YOU THINK ABOUT IT, BACK THEN, MONDAY MORNING -- MONDAY MORNING LAST WEEK WAS MIRED IN ARGUMENTS AND MOTIONS AND I SUSPECT THE JUSTICE WANTED TO JUST PUSH IT OFF TO NEXT WEEK SO THEY COULD GET THROUGH JURY SELECTION, AND THEN ALSO, THERE WAS ALWAYS THE POSSIBILITY THAT BY THAT NEXT WEEK, BY TOMORROW THERE WOULD BE MORE VIOLATIONS OF THE GAG ORDER, AND THEY COULD PROBABLY JUST BE CONSOLIDATED. BUT AT THE TIME, IT WAS APPROXIMATELY SEVEN CLAIMED VIOLATIONS. THAT HEARING WILL GO ON TOMORROW, AND HERE'S WHAT I SUSPECT. LOOK FOR THE PEOPLE, THE PROSECUTORS, TO ASK FOR MINIMAL PENALTIES AT THE OUTSET. A LOT OF FOLKS SAY A THOUSAND DOLLARS, WHAT DOES THAT MATTER TO DONALD TRUMP? WELL, THESE VIOLATIONS AND THE PUNISHMENTS ARE INCREMENTAL. REALLY WHAT THEY'RE DOING IS SETTING A FLOOR. SURE, START HIM OUT WITH A THOUSAND DOLLARS, $5,000, IT DOESN'T MATTER, BUT THIS SPECTRUM, THIS PATH STARTS FROM ADMONITIONS. IT GOES TO FINES, AND EVENTUALLY, AT THE END OF THE ROAD IS INCARCERATION FOR SOMEBODY WHO VIOLATES OR IS HELD IN CONTEMPT BY THE COURT. NOW, THAT WOULD BE A MONUMENTAL DECISION AND A DIFFICULT DECISION BY THE JUDGE, BUT I THINK THE STATE IS SHOWING THAT THEY WANT TO MOVE IN INCREMENTS BUT THAT THEY WILL CONTINUE TO MOVE IF THERE ARE VIOLATIONS OF THE GAG ORDER. >> HALLIE, HOW IS THIS AFFECTING THE RACE FOR PRESIDENT? THE FORMER PRESIDENT LIKES TO MENTION THAT HE WOULD OTHERWISE BE OUT CAMPAIGNING RIGHT NOW. >> WE'RE SEEING SOME OF THE RUBBER MEET THE ROAD ON THAT FRONT. COURT IS NOT IN SESSION ON WEDNESDAY. HE COULD DO CAMPAIGN EVENTS ON THOSE DAYS OR THE WEEKEND. THIS PAST WEEKEND HE WAS SUPPOSED TO HAVE A CAMPAIGN RALLY. IT WAS ESSENTIALLY A WASHOUT, RAINED OUT, IT HAD TO BE CANCELED BECAUSE OF WEATHER. WHICH IS AN INDICATION SOMETIMES THINGS JUST POP UP. IT'S NOT ALWAYS IN YOUR CONTROL WHEN YOU'RE A PRESIDENTIAL CANDIDATE. TO GET REAL INSIGHT ON HOW THIS CASE WILL AFFECT HIM IN THE GENERAL ELECTION. REMEMBER, IN THE PRIMARY, ALL OF HIS LEGAL ISSUES WERE A BOON TO HIM. IT RALLIED HIS REPUBLICAN BASE AROUND HIM AND HELPED HIM GET THAT PRESUMPTIVE GOP NOMINATION ALL BUT LOCKED UP HERE. WHAT HAPPENS IN A GENERAL ELECTION. WE MAY NOT KNOW FOR A BIT YET. WE CAN LOOK AT NUMBERS OUT PR OUR NBC NEWS POLLING SHOWING THAT ABOUT 50% OF PEOPLE, AND THIS IS POLLING IN JUST THE LAST 24 HOURS, BELIEVE THAT THE FORMER PRESIDENT IS BEING TREATED FAIRLY BY THE SAME STANDARD OF LAW AS YOU OR ME OR ANYBODY ELSE. 43% DISAGREE. THEY BELIEVE THAT DONALD TRUMP IS BEING TREATED UNFAIRLY, SEEMING TO ECHO WHAT HE HAS BEEN SAYING ALL ALONG TT HE IS IN MANY WAYS THE VICTIM OF POLITICAL PERSECUTION. THE CONVERSATION YOU WERE JUST HAVING WITH DANNY ABOUT THAT GAG ORDER, THE FORMER PRESIDENT SEIZED THAT THROUGH THE LENS THROUGH WHICH HE SEES SO MANY OF HIS LEAGUE PROBLEMS AS AN ISSUE OF UNFAIRNESS AGAINST HIM. HE HAS SAID THIS ON TRUTH SOCIAL, THIS ISN'T FAIR, THEY CAN TALK ABOUT ME BUT I CAN'T TALK ABOUT THEM. HE HAS ILED AGAINST THAT AGAIN AND AGAIN. KEEP IN MIND, IT'S A PARTIAL GAG ORDER. HE DOES HAVE THE ABILITY TO SPEAK AGAINST THE JUDGE OR MAKE COMMENTS IN A CAMPAIGN RALLY SETTING RELATED TO THAT, BUT THE POLITICAL IMPOLITICAL OCCASIONS I THINK ARE GOING TO BE REALLY TOLD, WHEN WE DO GET A VERDICT AND WE GET POLLING IN THE FIELD AFTER THAT. >> WE SAW FORMER PRESIDENT TRUMP ADDRESSING THE CAMERAS A MOMENT AGO. ANY IDEA WHAT HE SAID? >> Reporter: YEAH, HE'S STILL ADDRESSING THE CAMERAS IN REALTIME, AND HE I SHOULD NOTE OVER THE LAST WEEK THROUGH JURY SELECTION WOULD OFTEN GIVE ABOUT FIVE, 15 SECONDS OF QUICK REMARKS OR COMMENTS TO THE PRESS, BUT THIS IS HIS MOST PROLONGED COMMENTARY WE HAVE SEEN YET. AND LARGE AMOUNT OF IT HAS SO FAR BEEN FOCUSED ON MICHAEL COHEN, OF COURSE WHO WAS HIS LONG-TIME PERSONAL LAWYER, AND HE IS UNDERCUTTING MICHAEL COHEN'S REPUTATION. WE SHOULD NOTE THAT, IN FACT, IT WAS CAMPAIGN FINANCES VIOLATIONS THAT WERE PART OF WHAT LED TO A GUILTY PLEA F FROM MICHAEL COHEN BACK IN 2018 WHILE DONALD TRUMP WAS SERVING AS PRESIDENT, AND IT WAS A LONG-STANDING DOJ POLICY TO NOT PROSECUTE A SITTING PRESIDENT OF THE UNITED STATES. BUT THAT IS WHEN MICHAEL COHEN FOR THE ACTS THAT HAVE BEEN ALLEGED AS PART OF THE ACTUAL HUSH MONEY SCHEME, LED TO MICHAEL COHEN SERVING PRISON TIME. AND MICHAEL COHEN HAS BEEN VERY PUBLIC AND VOCAL IN THE YEARS SINCE ABOUT HIS FRUSTRATIONS AS TO WHY PROSECUTORS AFTER DONALD TRUMP LEFT THE WHITE HOUSE, GO AFTER DONALD TRUMP FOR THE ALLEGED CRIMES, AND NOW WHAT YOU ARE HEARING IS MICHAEL COHEN WITH THE EXPECTATION THAT HE IS GOING TO BE A WITNESS, YOU'RE HEARING DONALD TRUMP CALL INTO QUESTION HIS CREDIBILITY AND SOMEBODY WHO ONLY HAS THE INTENT OF UNDERCUTTING HIM NOW THROUGH THIS PROCESS. >> VAUGHN, THANKS VERY MUCH, SO THE OPENING STATEMENTS ARE DONE. THE FIRST WITNESS ON THE STAND TODAY, THAT CONCLUDES THIS NBC NEWS SPECIAL REPORT. MUCH MORE ON OUR STREAMINGNG

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