tv MSNBC Live MSNBC June 11, 2017 11:00am-12:01pm PDT
some people taking otezla reported weight loss. your doctor should monitor your weight... and may stop treatment. side effects may include diarrhea,... nausea, upper respiratory tract infection... and headache. tell your doctor about all the medicines you take and if you're pregnant or planning to be. ask your dermatologist about otezla today. otezla. show more of you. hello, everybody, i'm at msnbc headquarters in new york. in a surprise move, he has agreed to testify in the russia investigation. what remains to be seen is how this testimony will affect the russia probe which he recused himself from and how the president may respond. the war of words between countries continues as president trump and fired fbi director james comey heats up.
the president took to twitter this morning to blast comey once again, implying comey leaked information saying his leaks will be far more prevalent than anyone thought possible. and the diplomatic crisis in qatar. several diplomatic ties with the ally, accusing them of funding terrorism at a high level. we begin here at home in a dramatic move. attorney general jeff sessions says he will testify before the committee. in a closed door hearing, after james comey's testimony, they suggested a possible third undisclosed meeting between ambassador kislyak and senator sessions back in 2015. sessions has recused himself from that investigation after it emerged he met with kislyak twice last year despite testifying he had not had any contact with russian officials.
sessions' recusal caused a lot of tension between him and his boss, trump, and even came to the attorney general offering to resign at one point. how his testimony on tuesday could affect his relationship with the white house, in particular president trump. diane feinstein indicating this morning that sessions' testimony should not be exclusive to the intelligence committee. >> i challenge the jurisdiction to some extent. i'm on both committees, as you know -- >> judiciary and intelligence. >> yes. and i believe that the judiciary committee has the oversight responsibility for the justice department, and, therefore, it is very fitting for the attorney general to appear there. i've written two letters to senator grassley suggesting that and sessions ought to come back before the judiciary committee. >> let's see how all of this is playing out. nbc's kelly o'donnell is joining
us from new jersey where president trump is spending the week. kelly, thanks for joining us. we saw the white house and how quickly president trump responded to the testimony of jim comey last week. how is the white house preparing for sessions' testimony this upcoming week? >> reporter: well, no word from the white house specifically about jeff sessions going before the senate intelligence committee. however, a department of justice spokesperson has repeatedly denied that there was ever any third meeting, which is a part of what you were discussing there, that james comey suggested that there might be a third instance. that involved a conference that was happening at a hotel where sessions and the russian ambassador were both present, but the justice department says that there was no side conversation, there was no meeting, there was nothing like that. they deny that occurred. but that's one of the questions that has come up, and he would likely be asked about this when he appears before the senate intelligence committee on tuesd tuesday, as we expect that will unfold now. what really jumped out about
this was in a letter saturday night it was sessions that said he would not appear at the standard hearing expected for tuesday about the budget for the department of justice. that's a regular thing that anyone running one of the agencies would do. he's not going to go to that public hearing, but instead will accept the invitation of the senate intelligence committee to sit with them, talk about the questions that they have, and he said that's moa more appropriat forum for him to answer these questions because he's recused himself on the russia investigation and doesn't believe it would be proper for him to talk about that in a public setting. so it also serves the purpose of taking him out of sort of the hot seat. a public televised hearing would certainly put political pressure on jeff sessions, so he can push that aside by having his deputy go to that and instead focus on the senate intelligence committee. so far the intelligence committee has not provided any specifics about when this hearing would take place, they've not confirmed that it will take place. we're relying on the fact that
sessions is saying that he is accepting this invitation. so it may just be getting back on monday in washington they'll sort all of this out. but there are democrats who have tough questions for sessions, republicans have some, too, so this is really putting jeff sessions, the attorney general, in a difficult position. he had already recused himself, and some of what kind of fueled all this is what happened with the james comey testimony. here is democrat ron widen of oregon questioning the fired fbi director about attorney general sessions. >> in your statement you said that you and the fbi leadership team decided not to discuss the president's actions with attorney general sessions even though he had not recused himself. what was it about the attorney general's own interactions with the russians or his behavior with regard to the investigation that would have led the entire
leadership of the fbi to make this decision? >> our judgment, as i recall, was that he was very close to and inevitably going to recuse himself for a variety of reasons. we also were aware of facts that i can't discuss in an open setting that would make his continued engagement in a russia-related investigation problematic. >> reporter: and so that gives you a sense of what made democrats in particular sort of sit on edge wanting to know what else did the fired fbi director know. and so for jeff sessions to come forward, perhaps he can resolve some of that, but it's really important to point out it is expected by people in both parties that when sessions talks to the intelligence committee, that will be a closed hearing. that is normally how the intelligence committee works. james comey's public televised hearing was not the normal way of doing things, and it's because comey wanted that to be public. so it's not clear we will know what attorney general sessions
says to the committee when he has a chance to answer their questions, we think on tuesday, as he's indicating. aman? >> kelly o'donnell live for us in new jersey. thanks for joining us, kelly. preet rahara sat behind james comey in h, and in an intw he said it was possible what they would look at is obstruction of justice possible by the president? >> is there evidence to begin a case for obstruction? >> i think there's absolutely evidence to begin a case. i think it's also important for armchair speculators in the law to be clear that no one knows right now whether there is a provable case of obstruction. it's also clear that there is no basis to say there is no obstruction, and its point on
whether or not the president has legal authority to fire or direct an investigation, i not only get it, it's a little silly to me that the fact you have authority to remove somebody from office doesn't necessarily excuse that person from credibility. >> let's ask this question which i think is one of the central questions we heard the former u.s. attorney there talk about it. is there enough to consider obstruction of justice against the president from what we have heard so far? >> i guess it depends what the context is. i mean, i think that preet is right. this absolutely merits further investigation. i think a lot of the discussion about whether or not a criminal obstruction case could be brought in the abstract against somebody who did what trump did here is a little -- it's not irrelevant, but it's a little beside the point. the u.s. attorney's manual says a prosecutor shouldn't bring the case unless they are convinced of the evidence to prove someone
guilty beyond a reasonable doubt. here we're not talking about bob mueller or someone in the department of justice actually indicting a sitting president. in all likelihood, that decision would fall to the house to decide whether or not these are high crimes and misdemeanors and whether president trump should be impeached, and in the senate, if two-thirds of them agreed would convict him. so i think we're a little bit mixing and matching our evaluation here between what in the end is going to be a political question and what in the normal case would be a strictly legal question. >> again, that could change depending on what happens in 2018 for the race for those higher seats. let me ask you about jeff sessions in the weeks ahead as we hear he is expected to testify for the senate intelligence committee. he has recused himself from the russia investigation, so do you think despite his recusal, senators will be able to get a lot of information out of him come tuesday? >> i don't know. as you indicated earlier, i
don't know whether it's going to be an open session or whether it's going to be closed. i think so inevitably they'll ask him about additional meetings with kislyak, they'll ask him about certain things that jim comey testified. jim comey testified that he asked the attorney general not to leave him alone with the president, which in itself is an extraordinary fact. i think that the senators definitely are going to try to get whatever facts out of jeff sessions that they can. >> i want you to put your legal hat on for a moment, and i want to play something donald trump jr. said in an interview that aired last night. take a look at this. >> when i hear the flynn comment, you and i both know my father a long time. when he tells you to do something, guess what? there is no ambiguity in it. there's no, hey, i'm hoping. you and i are friends, i hope this happening but you have to do your job. that's what he told comey. >> the "washington post" also suggests that the president seemed to, in effect, be confirming comey's testimony, particularly in the way that he said it, like, you know my
father, when he says it, you do it. do you agree with that? do you think that sound bite we played may have actually hurt his father's case? >> i don't know whether it would actually hurt a legal case. i don't think that statement by trump's son would be admissible in court. but it sure isn't consistent with some of the tweets that we've been seeing from trump. but that's -- you know, that's nothing new. trump and his surrogates have reversed course all the time, and the president literally is someone who seems unable to open his mouth or tweet without lying. >> yeah, it seems like there is a lot of contradictory statements coming out of there between twitter and what the president is saying. former federal prosecutor gold man, thank you for joining us this sunday. >> thank you. the president had his fingers working on twitter, and between tweets he still reacted to james comey's testimony thursday, saying, i believe the james comey leaks will be far
more prevalent than anyone thought possible, totally illegal and very cowardly. kevin, if i may begin with you, as we were talking about earlier in the program, attorney general jeff sessions expected to testify. what do we expect from that, do you think? >> it's very difficult to know because he's testifying in a closed session. i really would expect a lot of the talk to focus on this mysterious third meeting sessions may have had with the russians. it was very clear that the democratic members of the intelligence committee during that public hearing with comey this week were really interested in that hearing and were sort of setting up a few of the questions that they were asking comey seemed to be designed to set up questions they would later ask sessions. so i would expect a lot of it to focus on that, but it will be difficult to know because the hearing will be taking place behind closed doors. >> the jim comey testimony that we saw, 19 million people watched it. that had a huge impact on the
public perception of what is happening with the russia probe. regardless of which way you think it came down, what is your big takeaway of it? >> the big takeaway for me from the jim comey testimony is that he seemed to confirm a lot of the news accounts that came out in the aftermath of his firing. he even admitted toordering a friend of his, a law professor, to leak the quotes he wanted focused on. president trump is responding a lot to what jim comey said because it was a public hearing. we don't know if jeff sessions' hearing will be in a public forum or behind closed doors, so if that's in a public hearing, we can expect to see donald trump tweeting about it. we know his relationship with him is kind of on the rocks right now. >> if he uses the same language with jeff sessions that he used with jim comey, it would be safe to say that that would be kind
of throwing the attorney general under the bus in some ways. he's used very strong language against jim comey. do you think it could go that way with sessions as well? >> i would say not as far as it's gone with jim comey, because jeff sessions and trump used to be so close in the beginning. there was no one who argued with him like jeff sessions who is really strong being attorney general. >> how often do you think he wants to keep jeff sessions in the fold? you saw that jeff sessions offered to resign. do you think trump would ever be inclined to nudge him out? >> i would be pretty surprised, to be totally honest. i would be surprised because jeff sessions is sort of the architect of a lot of this trumpism. he was at the forefront in congress before donald trump was even a candidate. he backed donald trump
full-throatedly, was one of the better surrogates for his campaign. i would be surprised. >> and as trump has said repeatedly, he expects loyalty to those who serve with him. here's what republican senator susan collins, a member of the intelligence committee, had to say about that. take a listen. >> this is an issue that the president should have cleared up in his press conference. he should give a straight yes or no to the question of whether or not the tapes exist, and he should voluntarily turn them over not only to the senate intelligence committee but to the special counsel. >> if he doesn't and a subpoena would be necessary to find this out, you support that? >> i would be fine with issuing a subpoena, but that most likely would come from the special counsel's office. >> so kevin, it seems like the president has tweeted himself into a corner yet again by
suggesting there may be tapes, implying there may not, or for jim comey's sake they should be taped. why doesn't president trump simply give a yes or no answer on whether these tapes exist or not and avoid any more potential damage and calls for a potential subpoena by members of congress? >> because he's a reality television host and that's sort of the role he's living here. tune in next week. tune in next week. >> i think it's a performance. >> i think it's a bit of a performance. i would be amazed if the tapes actually do exist, particularly how tapes were used bakely sicao force richard nixon from office. i would be amazed if any president ever taped a conversation they were having. >> is it common? i'm not really familiar with it, but is it common for the white house to have a tape recorder to tape certain sessions? >> since the fbi used it pretty
commonly, my understanding is it's pretty rare. maybe conversations with foreign leaders would be taped so they could go back over them at a later date or things like that, but they don't sort of have a running tape of all the conversations the president is having in the oval office. >> certainly if you'll recall as well, the president said he had that conversation with him in the small dining room off the oval office, so it wasn't even in the confines of the oval office. thank you both very much for joining us this sunday afternoon. coming up, the diplomatic crisis when qatar president accuses president trump of funding terrorism at a higher level. stay with us.
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>> and its extremist idealogy in terms of funding. >> that was president trump on friday accusing qatar of financing terrorism just an hour before trump's secretary on terrorism called on them to ease sanctions in the country. >> we call on the kingdom of saudi arabia, bahrain and egypt to ease the blockade against qatar. >> qatar is home to the largest u.s. base in the middle east, a base that's central to the air war against isis. since monday they joined four other neighboring nations to isolate qatar to break liberation with the country. ashcroft and his law firm will audit the country's effort to
combat terrorism over the next four months. i'm joined with the chair of contemporary middle eastern studies at the london school of economics and author of "isis: a history." let's talk about this decision with qatar who just announced they're hiring attorney general ashcroft to head this audit. what is the significance of this move, do you think? >> qatar is terrified. they are very anxious. here you have the president of the united states, which basically has one of the largest military bases in qatar, accusing qatar of financing terrorism in very blunt words. not only that, saudi arabia, the emirates and other states are accused of supporting and financing terrorist organizations. these are very serious concerns and the qataris is trying to clear the air, basically mushing
back against the accusation. the united states has sided bluntly with saudi arabia and its allies against qatar. what the americans are trying to do, what the white house and the state department, even though there are some differences in tone, they're trying to push and pressure qatar to accept the demands of saudi arabia and its allies. and the demands are very clear. they want qatar to stop supporting in terms of finance and political support for islamist groups, whether you're talking about the islamic brotherhood in egypt, and they want qatar to join the broadly based group against iran. >> so the allegation that qatar has been funding terrorism, as you and i know, it's kind of been out there for some time by the saudi government, the emirate government and others, but why the blockade now?
did something change on the ground or was there a sudden event that escalated this that made them move all of a sudden? >> as you said, the crisis has been simmering for a while, since really the so-called arab spring in 2011-2012. the crisis -- there was a crisis in 2014. saudi arabia broke diplomatic relations with qatar and kuwait has brokered a settlement between qatar and the saudis. now egypt says the qataris has not carried out the promises in the kuwait agreement in 2014. my take is there is another factor in the equation, president trump's visit to saudi arabia and the summit where the spark that triggered this particular current crisis. now qatar is in a corner, in a weak position, and the saudis
and their allies are trying to force qatar to accept the demands by saudi arabia and its allies. >> the qataris reject this notion that somehow they're supporting any type of terrorist organization. in fact, what they cite when i speak to them is they say this is more about the arab spring, the change, they want to support what they say are populist movements across the region and trying to embrace that change by giving the islamist a seat at the table. that is something that's been rejected by saudi arabia and egypt that considers the brotherhood a terrorist organization. does qatar's explanation hold any water, do you think? do they have a truth in the fact they're trying to embrace more popular movements in these countries, or not? >> my take on it is that qatar is a very small and tiny state. and since 2010, qatar has really sought to play a bigger role. it's seeking a role in the region in tremendous turmoil. and the islamists, whether
you're talking about the muslim brotherhood in egypt or in syria or other places have provided that qatar was a ladder on which to climb. yet these same islamists, they present in the eyes of saudis and egyptians, a threat to the stability and also the stability of the regime themselves. not to mention iran. iran is a big question between qatar and its neighbors. they believe that qatar really says one thing and basically acts differently. it has good relations with iran, and the saudis now won't take it anymore. that's why my take on it is this particular crisis is going to run its course. at the end of the day, regardless of what -- i mean, forget the politics of it. qatar has very few choices and it's choices that are extremely costly. that's why at the end of the day it's got to accept the demands laid by the saudis and the americans. >> we spent a lot of time discussing the politics of it all, but this is having a
humanitarian effect, families separated, nations blockaded by qatar and those that are not. thai been unable to travel because there's been no flight predictions among the company's air spaces. but what impact has it had on the region? there are about 15 million citizens in qatar as well that will be seriously impacted wi this. >> absolutely. today the saudis and the emirates have made it very clear. they're going to try to accommodate the families that basically exist, families what are married, intermarriage basically between qatar and the emirates and saudi arabia in order to address the humanity in question. you have the unity of the corporation council which means a great deal to the americans. that's why they're pushing for a settlement sooner rather than later by nudging qatar to accept
the demands by the saudis, not to mention the war on terror. the american campaign is basically conducted by the military base in qatar and the americans have quarters for their military forces. when we talk about the gulf, this is one of the most strategic and one of the most -- i mean, powerful areas in the world. more than two-thirds of oil and gas exist in this part of the world. the biggest flow is in china, so both a unity of the gulf corporation council, the economic and the security implications matter a great deal to the middle east and also to america's relations with the gulf. >> needless to say, the region itself cannot handle any more crises or conflicts, but here is one more now thrown into the mix. professor, it's great to have you with us. thanks for joining us. >> thank you. coming up, could puerto rico become the 51st state? americans head to the polls
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welcome back to msnbc headquarters here in new york. could puerto rico be the 51st state of the united states. they are asking for the legal status of their island. this happened as thousands of puerto ricans gathered for the puerto rico parade. voters will have an opportunity to tell the united states if they will join as another state, become fully independent, or remain a self-governing u.s. territory. the decision will directly impact, of course, its current economic crisis. less than 24 hours after jeff sessions announced he would appear tuesday in front of the senate intelligence committee during a closed session, the head of the rnc made clear she's done with the whole matter. >> this is a fishing expedition to try and run out the clock for the democrats, hoping to make gains in 2018. >> are you calling for an end to the senate and house
intelligence committee investigations? >> i'm calling for an end to the investigations about president trump's campaign clolluding wit the russians. there's been no evidence of it, i don't think it should continue. >> gentlemen, it's great to have both of you with us. robert, if i could begin with you. do you think the demand you just heard to end the probe is likely to go anywhere? >> not a prayer. nor should it. she called it a fishing inquiry, but there is a whale out there and the whale is real serious. there is a real threat to our democracy. i think we have evidence that the russian government is involved in interfering with our democratic process not just in this country but in other countries, and if people can't come together to get to the facts on that, i'm not sure what we can get together on. >> robert, the point we've heard
over and over again is there's been no evidence of collusion. there have been meetings that happened between affiliates of the trump campaign and russian officials but nothing to substantiate any kind of collusion. do you agree with that assessment in terms of what's out there? >> thank you very much for the question. i think what we have to agree on is we have no idea what the evidence is and that's why special counsel mueller has been charged with gearing up with a staff and doing a professional investigation. i think we should just sit tight and see what the non-partisan lawyers come up with. it looks real bad. you've got flynn being fired by the president on the same day the president is tweeting "flynn did nothing." you've got the president pressuring the head of the fbi to drop the investigation. i think the most interesting thing to look at if i were handling the investigation, flynn is asking the senate for immunity in exchange for his
testimony. what is he covering up? >> interesting, yeah. >> what piece of evidence does he have either about himtself, the russians, trump? i don't know. i don't know that i need to know. i have great confidence in special counsel mueller. i think he'll get to the bottom of it. >> and senator muller says he knows what he wants to ask jeff sessions. take a listen. >> first, did he interfere with the russian investigation before he recused himself? second, what safeguards are there now so that he doesn't interfere? third, it says he was involved in the firing of comey and the president says comey fts fired because of russia. how does that fit in with his recusal? it doesn't seem to stand up well to me. and four, if he's been involved in the selection of the new fbi director, did he talk about the russian investigation with them? >> so, ambassador, your take on those questions. are those the right questions,
or would you want to see a set of different questions that aren't being asked as well? >> i think those are the right questions, but this is an extraordinary number of people involved in a political campaign talking to a foreign government. and what we already know about the russians, i think there is a lot of smoke there, and i agree with the point that one of the reasons we have this special counsel is to get to the bottom of it. and if special counsel mueller says there's something there, i think you can pretty much take that to the bank. if he says there isn't anything there, i think we can all move on. but to have this attorney general sort of not have a clear understanding -- and you might ask, what was he talking to the russian ambassador in the first place? he talked the idea of the senate relations committee, they talked about a lot of people, but this goes well beyond any kind of duties in the senate relations committee, especially with the
timing. i think this will get more interesting in the days and weeks ahead. >> that's the least to say that's going to happen. let me ask you about the sessions testimony that's upcoming. what did you expect to hear from him? do you think he will be forthcoming or not? >> i think he's going to be pretty careful and pretty deminimus and explain that he decided to stand back or recuse himself based on the fact that he had had some conversations which he'll say were not of substance. i mean, the issue will be whether there is any evidence to say exactly what he said to kisly kislyak, to the russian ambassador, or will he, in fact, simply have to say, look, i had these short conversations. they had nothing to do with anything, but in the interest of making sure we all move ahead, i recused myself. i suspect it will be something along those lines. >> robert, the president said on friday he is more than willing to testify under oath about the
comey conversations. do you think special counsel robert mueller, will he take him up on that? >> absolutely. he's not eager to do it now. i think mueller, if he's the prosecutor i know him to be, and i worked with mueller at the department of justice, he will carefully build a case. there are dozens and dozens of people to interview. he's got roger stone, he's got paul manafort, he's got flynn. he's going to find out all the facts that he can get. i don't think he goes into an inquiry like this thinking trump is the object of a possible indictment. and to be clear, it's highly, highly, highly unlikely a president is going to be indicted for anything, let alone obstruction of justice. if it gets to the point where it looks like trump was involved, president trump was involved in ways that he shouldn't have been, then you veer into impeachment or resignation. that's what we had with president nixon, that's what we had with attempted impeachment with president clinton. so i say categorically the president is highly unlikely to be indicted. but there is no question that
mueller is going to want to have him as a witness, there is no question that mueller is going to encourage the senate not to take trump on his offer to testify. you don't want to have a key witness out there talking in a public forum before you've had a chance to interview him. >> let me ask you real quickly, ambassador, if i may. you've served in both parties, you've been a diplomat around the world. what is the global view of this, and can you tell us how does this instability in our political venue and our institutions apply to the world? >> this hurts a lot. we're almost out of the equation in europe, and i think we'll see more fallout from the british elections in the coming days. even in asia. there is a real concern that we have a president who either is uninterested or incapable of understanding these issues. so the world is looking at us with great, great concern and wondering, really, what we're doing. how is it that we could go from
president obama to president trump? i mean, no one can kind of figure that out. they understand the vicissitudes of democracy but this goes beyond anyone's understanding. there is no question we're paying a big price, and we're paying a big price for this c scandal issue. >> thank you both for joining us today. coming up, trump and twitter social media has been a major communication tool for the president but also a cause for major concern. we're going to dive into that next. so many new ways. like new coastal lobster and shrimp, with a lobster tail with butter and herbs, sweet, smoky bbq red shrimp, and shrimp crusted with...get this...cape cod kettle chips. or try lobster and shrimp overboard. a dish this good... makes you this hungry.
between trump and the world, but it's also become a major cause of concern for his closest advisers. nbc samantha sellers is here with all of that. what can you tell us about the president and his twitter usage? >> his twitter usage is well documented, we're always talking about it, and this week, as you said, he almost set a new record for the longest time without tweeting since announcing his candidacy. but he came up three minutes short when he started tweeting about former fbi director james comey. dick costolo piped in about his thought on his tweeting habits. >> you have a whole world of foux n folks now and journalists who can say, well, you said something completely different 360 days ago and here it is right here and now we can put them side by side and see what
kind of person you are. >> when trump tweeted about hillary clinton and leaking highly classified information. next up, tweeting about syria when president obama was in office. do not attack syria. we know last month he launched a military strike against a syrian air base. here's a couple literally side by side. first up on protests. trump encouraged march on washington. we should march on washington while president obama was in office. then he said protesting was very unfair once he took office. finally in the electoral college, trump at one point said the electoral college is a disaster for our democracy, but then recently he said the electoral college is actually genius. so ayman, of course he's allowed to change his mind but it's amazing how much he goes back and changes. >> it's interesting seeing those side by sides if it would have any impact to his supporters who
seem to be adamantly supportive of him. thank you for breaking it down for us. coming up, what to expect in week 2 of the cosby trial. we look ahead as the defense gets ready to present their case. coming up in the next hour, pulse of america. don't miss my colleague>> john: than lui. we're both stuck in this cube farm and you're about to hit 'send all' on some embarrassing gas. hey, you bought gas-x®! unlike antacids, gas-x ® relieves pressure l iu bloating fast. huh, criisierted. iu. ♪
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the cosby criminal trial begins tomorrow after the prosecution rested their case on friday. as the defense prepares to make its case, many wonder if the comedian will take the stand. just last month the 79-year-old said he would not testify, but a week into the trial, cosby's publicist is signalling that may now be a possibility. andrea constand accused cosby of drugging and assaulting her in his home in 2004. cosby has repeatedly denied these allegations of sexual misconduct. he is facing charges of
aggravated indecency assault. let's talk about what is at stake if, in fact, bill cosby takes the stand. >> you have to play this out. so far far, the defense has sta with a consistent approach here which is attack the prosecution, show the biases, show any inconsistents. if you put bill cosby on, you have some things that can work in his favor that the jury can see. this is a man, in failing health, 79 years old, he's legally blind. he can talk about what it was like in 2005, possibly being targets of people extorting him for money or things of that nature and look at the jury in the eye, he can tell them, i did nothing illegal here. this was consensual. however, right when you do that you open the door for the prosecution to bring in 50 to 60 prior accusers to come in as rebuttal witnesses to say, you know, everything he just testified is not true.
and we're now going to get on the stand and tell you our stories. >> so that begs the question then, are jurors more sympathetic or less sympathetic when a defendant doesn't testify on his by half? >> well, the juries will be given an instruction, he has a right to remain silent, you can't use that against him. now, some jurors may want to hear from him. they may want to hear them look in the eye and say i didn't do this. then it was consensual. but you have to look at the defense here. you know, they were lucky enough to have one prior accuser be able to testify. so far in this trial. this could open the door -- could be very damaging. possibly you could have 50 to 60 people come in own the stand, parading in and out of court as rebuttal witnesses, testify and each one of these people are going to want to tell their story. so as a defense, you have to be able to weigh these things out. they have had a year to prepare for this case. i believe that they have already pretty much thought out what they're doing.
>> you alluded it to in terms of what a defense strategy would look like, but what type of defense will cosby's attorney need to make this week? >> well, he's allowed to show character witnesses, witnesses that can testify to his law abidedness. he can parade as many people, famous people, family support. to come in and testify he has a reputation or the law abidedness an in community. they could put on some witnesses who can talk about the effects of quaaludes and benadryl. they had an expert testify late in the week about how victims of sexual crimes, how they react. they could bring on their own expert witness to testify about things, about how the victims should act and things of that nature. >> very quickly, we have a few seconds left. you talk about the optics that can come in and be character defense witnesses. some celebrities who have been
walking in with him to his trial every morning and what message that sends to the jury. >> well, i mean, juries are people too, you know? they see the famous people. they know who they are. for the people to get on the stand and swear under oath he has a great reputation in the community. the bill cosby we know and love would never do something like this. >> criminal defense attorney, sorry we ran out of time. there we'll be watching this all week long as well. all right. we'll be back after this commercial break. i was out here smoking instead of being there for my son's
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they're marching in 60 cities across the united states. that does it for this hour. richard lui is picking up the coverage next. stay with us throughout the night and any breaking news as it happens. he'll have that for you with "pulse of america" next. had. the classes, the friends, the independence. and since we planned for it, that student debt is the one experience, i'm glad she'll miss when you have the right financial advisor, life can be brilliant. ameriprise and you're about in to hit 'send all' on some embarrassing gas. hey, you bought gas-x®! unlike antacids, gas-x ® relieves pressure and bloating fast. huh, crisis averted. ray's always been different. last year, he said he was going to dig a hole to china.
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