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FROM NEW YORK CITY IN THE NEXT DAY OR TWO. WE ARE JOINED BY GREG HENNING FROM HENNING STRATEGIES. THE INDICTMENTS REMAINED SEALED. WHAT DO YOU EXPECT TO HAPPEN NEXT? IT IS SUPPOSED TO HAPPEN TUESDAY AFTERNOON. IT COULD HAPPEN TOMORROW. >> THE DEFENDANT, DONALD TRUMP, WILL BE SHOWING UP IN COURT WITH AN ATTORNEY AND HAVE TO APPEAR IN FRONT OF A JUDGE. THE FORMAL PROCEEDING IS SIMPLE. THE ARRAIGNMENT MEANS HE WILL BE TOLD THE CHARGES AGAINST HIM AND THEN HE WILL BE ASKED WHETHER HE WILL ENTER A GUILTY OR NOT GUILTY PLEA. WE ARE PRETTY SURE HE WILL SAY NOT GUILTY. THERE COULD BE THE ISSUE OF BAIL WHICH NOBODY HAS TALKED ABOUT. IT IS POSSIBLE THE GOVERNMENT SAYS WE WANT AN AMOUNT OF BAIL. UNLIKELY. IT COULD BE FAIRLY QUICK. A NEW COURT DATE GETS PICKED AND HE IS OUT OF THE BUILDING. ED: YOU WOULD EXPECT THE BOOKING PHOTO WILL BE TAKEN. I ASSUME IT WILL GET LEAKED. IT DOES NOT HAVE TO IN NEW YORK. >> IT IS NOT A PUBLIC RECORD IN NEW YORK. THERE ARE LOTS OF REASONS WHY THE PRESS OR OTHER PEOPLE WOULD SAY THERE IS A PUBLIC REASON IT SHOULD BE RELEASED. THEY COULD FILE A FREEDOM OF INFORMATION ACT AND GET IT RELEASED. SOMEBODY INSIDE THE BUILDING MAY LEAK WHETHER HE COMPLAINED, WHAT HE SAID. ED: WE DON’T EXPECT HANDCUFFS. >> KNOW, ESPECIALLY WITH THE LEVEL OF SECURITY WILL HAVE. SHARMAN: WHY A BOOKING PHOTO? WE ALL KNOW WHAT HE LOOKS LIKE. >> ANYONE WHO WAS ARRESTED IS SUPPOSED TO HAVE A RECORD. IF HE IS GOING TO BE TREATED LIKE ANY OTHER DEFENDANT, HE HAS TO GO THROUGH THAT PROCESS. SHARMAN: FROM THE ARRAIGNMENTS I HAVE SAT THROUGH IN COURT, SOMETIMES THERE ARE MOMENTS WHERE THE PROSECUTION WILL READ A NARRATIVE OF WHAT THEY BELIEVE OCCURRED, WHAT THE DEFENDANT HAS DONE. DO YOU EXPECT THAT MIGHT HAPPEN? >> IF THE PROSECUTORS DECIDE THEY WANT TO PRESENT THAT TO MAKE THE PUBLIC AND COURT AWARE OF WHAT THEY ARE CHARGING IN WITH AND THE BASIS, THEY MAY DO THAT. IT IS ALSO POSSIBLE THE DEFENSE ATTORNEY SAYS WE CAN WAIVE THE READING OF ANY INDICTMENT AND ALLEGATIONS. WE WILL AGREE THERE IS PROBABLE CAUSE AND PLEAD NOT GUILTY. LET’S MOVE IT ALONG AND GET OUT OF THE BUILDING. I HAVE A FEELING DONALD TRUMP WILL WANT A DRAMATIC MOMENT SO IT IS POSSIBLE HIS ATTORNEY WILL FIRE BACK WITH THEIR OWN RESPONSE TO THE ALLEGATIONS DURING ARRAIGNMENT. ED: SOMETIMES IN NEW YORK, YOU DON’T HAVE TO REVEAL THE BOOKING PHOTO. ALTHOUGH WE BELIEVE IT WILL ULTIMATELY BE REVEALED. THEY DO A PERP WALK AND ALLOW A CAMERA. I AM NOT SURE THAT WILL HAPPEN. >> IT IS POSSIBLE TO CLOSE THAT SECTION YOUR TYPICALLY REFERRING TO. WE HAVE HEARD WORD THEY HAVE CLOSED AN ENTIRE FLOOR OF THE COURTHOUSE FOR SECURITY REASONS. ED: WE DO NOT KNOW WHAT IS IN THE INDICTMENT. WE HONESTLY DO NOT KNOW WHAT IS IN THE INDICTMENT. WE UNDERSTAND THE BASE OF IT IS THE HUSH MONEY TO A PORN STAR WHICH IS A MISDEMEANOR IN NEW YORK. >> IT IS A MISDEMEANOR UNLESS YOU CAN TIE THE PAYMENTS TO OTHER CONDUCT THAT WOULD INVOLVE A FEDERAL VIOLATION OF THE LAW. DEMOCRATS HAVE SAID IT IS NOT JUST A MISDEMEANOR. IT WILL BE A MISDEMEANOR RELATED TO CAMPAIGN-FINANCE VIOLATIONS. THOSE VIOLATIONS BEING HUSH MONEY DESIGNED TO KEEP SOMEONE QUIET BECAUSE OF WHAT SHE WOULD HAVE SAID THAT WOULD HAVE IMPACTED THE CAMPAIGN. IF THEY CAN MAKE THAT CASE TO A JURY OR JUDGE, THEY CAN ASSERT THERE IS A FELONY VIOLATION. SHARMAN: YOU NEED A MAJORITY OF GRAND JURORS. IT DOES NOT HAVE TO BE UNANIMOUS. IT IS A MUCH HIGHER BAR. IS THAT AN IMPORTANT POINT TO POINT OUT, THAT IT IS A LOT EASIER TO GET A GRAND JURY TO GO ALONG WITH YOU IF YOU ARE A PROSECUTOR? >> IT IS NOT JUST THE UNANIMITY NEEDED. AT THE GREEN STREET -- GRAND JURY STAGE, YOU DO NOT NEED THAT. THE STANDARD IS PROBABLE CAUSE. AT THE NEXT LEVEL, THE ACTUAL JURY, YOU NEED UNANIMOUS VERDICT BUT YOU ALSO NEED TO PROVE IT BEYOND A REASONABLE DOUBT. THAT IS FAR DIFFERENT FROM WHAT WE ARE SEEING NOW. THERE JUST GETTING OVER THE FIRST HURDLE SAYING THE MAJORITY OF GRAND JURORS HAS SAID THERE IS A SLIGHTLY BETTER THAN 50% CHANCE HE DID IT AND SHOULD GO TO TRIAL. ED: IF THE PRESIDENT IS CONVICTED, IT WOULD NOT PREVENT HIM FROM RUNNING FOR PRESIDENT. >> IF CONVICTED, HE GETS THE RIGHT TO APPEAL. THERE ARE MANY APPELLATE PROCEDURES THAT COULD GO THROUGH. DONALD TRUMP’S ARGUMENT WOULD BE I AM NOT CONVICTED UNTIL FINAL JUDGMENT COMES IN. WE SAW SOMETHING SIMILAR WITH ERIN HERNANDEZ. ALTHOUGH HE WAS CONVICTED, HIS CASE WAS ON APPEAL WHEN HE COMMITTED SUICIDE. ED: DO YOU BELIEVE, AND THROUGH YOUR LEGAL KNOWLEDGE, DO YOU BELIEVE DONALD TRUMP WILL SPEND ONE DAY IN JAIL? >> I DO NOT. I WAS SPEAKING TO OTHER GUESTS IN THE GREEN ROOM. I DON’T THINK HE SPENDS A DAY INSIDE A JAIL CELL, WITH THE EXCEPTION OF PERHAPS BOOKING ON TUESDAY. WITH HIS AGE, THE LENGTH OF TIME IT TAKES TO GO TO TRIAL, ALL THE DIFFERENT DISCOVERY PROCEDURES HIS ATTORNEYS COULD THROW UP, I THINK IT IS LIKELY HE COULD DRAG ON THE CASE, CONVICTION, AND APPEAL FOR SEVERAL YEARS. SHARMAN: DO YOU SEE A PUSH FOR A CHANGE OF VENUE HERE? >> YOU CAN CERTAINLY MAKE THE MOTION HEARD FOR A CHANGE OF VENUE. I THINK PRESIDENT TRUMP HAS MADE THE ARGUMENT THERE SHOULD BE A DIFFERENT JUDGE. HE HAS SAID THIS JUDGE HATES HIM. I WOULD NOT BE SURPRISED IF THEY MAKE A MOTION TO HAVE THE JUDGE RECUSE HIMSELF. THAT IS JUST ONE STEP. HE COULD DO THAT FOR EVERY JUDGE THAT COMES IN. HE COULD DO THAT FOR ANY VENUE BECAUSE HE IS SO WELL KNOWN. ED: THANK YOU FOR FILLING IN THE GAPS.
Media organizations seek unsealing of Trump indictment and ask to broadcast Tuesday proceedings
The New York Times, The Washington Post, CNN and The Wall Street Journal are among the outlets making the request.
Several media outlets, including CNN, have asked a New York judge to unseal the grand jury indictment against former President Donald Trump. The news organizations are also asking for permission to broadcast Trump's expected appearance in a Manhattan courtroom on Tuesday for his arraignment on the charges.In their letter Friday seeking to make the indictment public, the media outlets told Judge Juan Merchan — who is slated to preside over the historic proceedings — that "the right of access is at its zenith when applied to the first-ever indictment of a former U.S. president."The New York Times, The Washington Post, and The Wall Street Journal are among the outlets making the request."And no higher values are served by keeping the indictment under seal. Aside from the fact that a former U.S. president is not a flight risk, maintaining the indictment under seal, despite the public disclosure of its existence, only fuels speculation as to its contents. Full disclosure of the indictment will enhance both the general public's and the parties' right to an accurate public understanding of the charges," the request said. "As such, former President Trump's indictment should be unsealed without delay."If the judge does not grant the media outlets' unsealing request, it is expected that the indictment will be made public when Trump appears in court Tuesday.With their request to broadcast those proceedings, the media outlets told the court that "the gravity of this proceeding — the unprecedented and historic arraignment of a former U.S. President — and, consequently, the need for the broadest possible public access, cannot be overstated."The news organizations are asking for a "limited number of photographers, videographers, and radio journalists to be present at the arraignment," and said in the letter that they are making "this limited request for audio-visual coverage in order to ensure that the operations of the Court will not be disrupted in any way.""The News Organizations stand ready to work cooperatively with the Court to ensure that the public have an opportunity to observe this monumental and historical proceeding," the media outlets said, while proposing that the court hold a hearing on the matter if it would be helpful to make a decision.Merchan is expected to issue an order Monday on camera access in the courtroom for Trump's Tuesday arraignment.Trump faces more than 30 counts related to business fraud in the indictment. The investigation by the Manhattan district attorney's office began when Trump was still in the White House and relates to a $130,000 payment made by his then-personal attorney Michael Cohen to adult film star Stormy Daniels in late October 2016, days before the presidential election, to silence her from going public about an alleged affair with Trump a decade earlier.Trump has denied the affair.
CNN —
Several media outlets, including CNN, have asked a New York judge to unseal the grand jury indictment against former President Donald Trump. The news organizations are also asking for permission to broadcast Trump's expected appearance in a Manhattan courtroom on Tuesday for his arraignment on the charges.
In their letter Friday seeking to make the indictment public, the media outlets told Judge Juan Merchan — who is slated to preside over the historic proceedings — that "the right of access is at its zenith when applied to the first-ever indictment of a former U.S. president."
The New York Times, The Washington Post, and The Wall Street Journal are among the outlets making the request.
"And no higher values are served by keeping the indictment under seal. Aside from the fact that a former U.S. president is not a flight risk, maintaining the indictment under seal, despite the public disclosure of its existence, only fuels speculation as to its contents. Full disclosure of the indictment will enhance both the general public's and the parties' right to an accurate public understanding of the charges," the request said. "As such, former President Trump's indictment should be unsealed without delay."
If the judge does not grant the media outlets' unsealing request, it is expected that the indictment will be made public when Trump appears in court Tuesday.
With their request to broadcast those proceedings, the media outlets told the court that "the gravity of this proceeding — the unprecedented and historic arraignment of a former U.S. President — and, consequently, the need for the broadest possible public access, cannot be overstated."
The news organizations are asking for a "limited number of photographers, videographers, and radio journalists to be present at the arraignment," and said in the letter that they are making "this limited request for audio-visual coverage in order to ensure that the operations of the Court will not be disrupted in any way."
"The News Organizations stand ready to work cooperatively with the Court to ensure that the public have an opportunity to observe this monumental and historical proceeding," the media outlets said, while proposing that the court hold a hearing on the matter if it would be helpful to make a decision.
Merchan is expected to issue an order Monday on camera access in the courtroom for Trump's Tuesday arraignment.
Trump faces more than 30 counts related to business fraud in the indictment. The investigation by the Manhattan district attorney's office began when Trump was still in the White House and relates to a $130,000 payment made by his then-personal attorney Michael Cohen to adult film star Stormy Daniels in late October 2016, days before the presidential election, to silence her from going public about an alleged affair with Trump a decade earlier.
Trump has denied the affair.
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