Regarding the video(s), there are a few things:
- Provenance
- Possible editing
- There may be some parts that favor MB while others may not
- Whether properly obtained (legal recordings)
MB’s legal team will be provided with all possible evidence by the prosecution. If they don’t provide it, MB’s team can demand it.
MB’s counsel will then be weighing whether there is a greater benefit to his case in having them excluded or included. Quite likely the videos will undergo a forensic digital audit to discover whether there has been editing or when access to the videos last occurred.
All of this is an assessment of risk. There could be an evidentiary hearing on their admissibility as already speculated here. The prosecution could argue that the videos contain “admissions against interest” meaning MB said things that support the prosecution’s case. Or, maybe MB’s team is happy to admit the videos, despite the way they were obtained, because they think they are overall favorable to MB.
It’s going to be opaque to us until an admissibility hearing or the trial because this issue is related so much to strategy.