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lower manhattan. michael cohen back on stand for what will be his final day of cross examinationened re in donald trump's criminal trial. now the prosecution is gearing up to redirect questioning of its star witness just one more time. welcome to a new hour of "america's newsroom," i'm dana perino. that first hour went by like that. >> bill: i'm bill hemmer. good morning. we were talking about the sports analogies we could draw. we'll get to that. >> dana: i use batter's box and see if i used it correctly. i was kind of there. we have more. >> bill: we did a little hockey, too. >> dana: more to come. >> bill: that's coming your way. the fireworks not over yet. former president unleashing on the whole process before he entered the courtroom a short time ago. one hour and 15 minutes ago. watch. >> i don't think there is one person that says that this trial is legitimate. and everybody is talking about the judge. the judge shouldn't be doing this trial. he is totally conflicted. he is the most conflicted judge
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possibly in the history of the court system and everyone knows what i'm talking about. >> bill: eric shawn outside of his post yet again where we're learning a little bit with cohen back on the stand. we have a better idea about the schedule not just this week but next week also. good morning. let's begin a new hour. hello. >> good morning, bill and dana. i would say we're in the bottom of the eighth if you have a sports analogy for this trial. michael cohen now back on the stand as todd blanche, trump's lawyer, trying to portray him as a serial liar. the cross examination ongoing this morning will likely end today. the prosecution will have another crack at cohen. blanche questioning cohen on how he was prepared for his testimony. how many times he met with prosecutors and tried to imply he lied again when he was discussing his 2019 congressional testimony. that was when he testified about his work for the former president and the trump organization. meanwhile, president trump's
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lawyers indicated who they want to call as a defense witness, bradley smith. smith is an election law expert and former chairman of the federal election commission. smith is on record saying he thinks the payments to stormy daniels are not campaign contributions. that as prosecutors allege but instead they should be classified as personal expenses and if the jury considers them personal expenses, that would undercut a key prosecution point. smith has compared this case to the 2012 prosecution of former north carolina senator john edwards. he faced charges that he misused campaign funds to try and hide his affair with his mistress, that exploded during the presidential campaign in 2008. it turns out that senator edwards trial ended in an acquittal and mistrial. judge merchan this morning in arguments discussed this situation saying he would restrict what smith has to say
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saying he doesn't want a battle of campaign experts. we'll see how he rules on that. meanwhile the judge is indicating that we'll have a pretty fast continuation of this case. prosecution ending today, closing arguments set for next week probably tuesday because monday, of course, is memorial day. back to you. >> bill: john yu joins us, law professor and former assistant d.a. i want to share some of the things cohen admitted to lying to so far. falsifying invoice for the trump organization. using yom kippur to delay payments to stormy daniels and other things. he admitted to two lies when i was in court last week on an application for an llc. i was wondering where does this end, right? how deep does the bucket run?
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you say that the defense has made dents to cohen's credibility but not destroyed it. explain, john. >> i think if you are trump's attorneys, you want -- it's like a symphony. you want the little parts to build to a crescendo. that has to be today at the end of the cross examination. you want to leave with cohen's credibility totally destroyed. so i think so far they've been making hits but cohen has kept his composure, it seems. you were in the courtroom. i haven't been in it and we don't see a video feed but it sounds like he still maintained his composure, still sounds like cohen is providing the only link between president trump and this alleged federal election campaign violation. i think trump's attorneys have to really close the door on cohen now. they really have to leave in the minds of the jury that this guy is a liar, he can't be trusted.
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he has lied under oath to the federal government and courts and thrown in jail. he lied to both congressional committees and special counsel robert mueller, which is hard to do at the same time. that means that nothing he says can be trusted. that's what they have to leave the jury with at the end. they are still building to it. we'll see if they can accomplish this. >> dana: what about the momentum and length of trial? it feels like it is dragging on a bit. we don't have court on wednesdays, no court this friday. then memorial day and after memorial day weekend people start paying more attention to a 2024 election and then after fourth of july and labor day and we're off to the race for sure. so is it in trump's lawyer's interests to wrap things up quickly or should they think about calling bradley smith and think about adding bob costello? last week you thought bob costello wasn't credible after you saw him on this show and
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testified in front of congress last week. his testimony is already out there. the judge knows that. would the jury benefit from hearing from costello? >> it's a very interesting tactical questions that trump's lawyers and political advisors have to make. so far they've been doing a great job using the trials to boost trump's poll ratings to give him momentum to attack biden. the trial tactics may argue against delaying it into memorial day weekend or after when it might get more political attention. the reason why is if you feel confident and you feel you have destroyed at the end of day michael cohen's credibility you want to point out to the jury the other stuff that happened in the weeks before like stormy daniels and so on actually don't prove the alleged crime. then you might want to show that confidence by making the defense really short and say the prosecution just didn't prove the crime beyond a reasonable doubt and we don't have to do that much. we'll sit down in a day and put
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on brad smith, a friend of mine, one of the nation's leading experts on campaign finance law to show there is no federal crime and i think you should bring on bob costello but bring him short just to show again that cohen just lies all the time, which i think should be a pretty easy thing to do. bill just did it effectively a few minutes ago. you just close the case quickly because it shows confidence in the defense. let the jury start deliberating maybe they wrap up quickly. >> bill: i want to go back downtown to andy mccarthy outside the courthouse. bring us up to date what you are getting on notes inside. day four for cohen on the stand. it's a long time for one witness. >> sure is. he is a very important witness. i think actually to john's point about bob costello, one of the reasons i would opt to call him is he is a very likable guy who
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has made a career out of charming new york juries. in a case where every prosecution witness was or not every single one but the major ones were unsavory characters it might be to their advantage to put on somebody who actually would, i think, go over well with the jury. >> dana: while you are there, can you describe the scene outside? i understand there are month protests. i don't know if it's more or fewer than before. who are they supporting and chanting? >> there are people, dana, from both perspectives. the anti-trump people are here, pro-trump people are here. seems to me they've petered out a little bit and there seemed to be more energy before the trial day started. i don't know if they try to get a read of what's going on inside like we are. there was a little more energy, i would say, at around 9:00 or 9:30 than now. >> bill: stand by and john yu
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back to you in california. okay, so you will get the federal election law expert. before the jurors were brought into court this morning it seems like the judge asked what's the line of questioning, what are the bounds by which you will obey, let's say, if brad smith is on the stand? and trump's attorney said what does expenditure mean and what does contribution mean? keep in mind he is a federal election commission worker. used to be a member of the fec. it seems to me that that's a pretty easy definition for someone to understand. do i have that clear? >> yes, but the problem here is -- andy made this point on your show a few minutes ago. the prosecution hasn't actually shown how trump violated federal election commission law. they have been sneaking it in by saying cohen violated it and
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pecker might have violated it. that's not what is on trial here. what's on trial did donald trump violate federal election law? you haven't seen the prosecution put that on yet. so it's weird to me actually to see judge merchan letting stormy daniels testify at will all over the place on things that are not actually relevant to the trial and then he is all over brad smith. not just a worker. brad smith is a distinguished constitutional law expert and one of the top scholars on the federal election law. one of the first people identified all the problems with the federal election law. this is the perfect guy. i would think if a judge would be defer -- let someone testify is brad smith. >> bill: i was watching lanny davis talking about the payments and how they were partitioned over a period of 12 payments. he was suggesting that that was
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evidence that trump knew that the maximum contribution is $2700 under law and therefore he knew that he had to string them out to be ahead and conceal this. does that hold water? >> i'm not so sure. the fact of the matter is lanny davis, all of us can speculate. in the courtroom the prosecution hasn't shown any evidence about that. they have shown no intent by trump to violate fec law. so you could have that theory but the prosecution hasn't shown that at all. one other point, a larger point and why brad smith's testimony is also important. the d.a. here, alvin bragg, elected by the people of manhattan to enforce new york state criminal law in manhattan. he is not allowed to take that mandate and rove around federal elections prosecuting whoever he thinks violated federal election law. that's up to the federal
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elections committee and the biden justice department grabbing at anything it can to throw at donald trump and yet the justice department and fec chose not to proceed with this case. it is a violation, i think, of the constitution as the supreme court has told us for state officials to go around trying to prosecute people for federal law because they aren't responsible to anybody in the federal government. >> dana: amen. that's a question we just keep coming back to. the madness of all of this. i am going to sneak in a question to andy mccarthy that has to do a little bit with politics and judges, the judicial system and president biden. this is him over the weekend, andy, talking about trump and if he were to win again the kind of people he would put on the court. watch. >> president biden: let me ask you, if he is reelected, who do you think he will put on the supreme court? do you think he will put anybody who has the brain? folks, look, as dr. king said,
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give us the ballot, we'll put judges on the bench who will judge justly and do mercy. >> dana: andy, your thoughts on that before we take a quick break. >> i think it's peculiar, inappropriate but particularly peculiar after last week when they made a decision that i think shows that they follow the law and the text rather than one party's political agenda or the other. they made a decision about the administrative state that should have been very pleasing to progressives, which i think shows it is a court trying to get it right. >> dana: all right, andy mccarthy, thank you so much and bill, we have to get more information. >> bill: you think he will put anybody who has a brain? wonder how that settled in. >> dana: interesting biden on the campaign trail and biden in front of a teleprompter is different. something to watch. >> bill: we'll see more of it as
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the months proceed. back with more from our terrific team and we will introduce you to a couple more lawyers, too, about what they are seeing over the weekend and into this week, too, stand by. we're back on it next. this homestyle chicken salad wrap from subway this is how you do it. savory chicken, crisp veggies all wrapped up— these wraps are amazing. people can hear my thoughts? that's a problem. stay fresh out there with all—new wraps from subway. using the finest materials, like indulgent memory foam, and ultra-conforming inner-springs, for a beautiful mattress, and indescribable comfort. save up to $800 on select adjustable mattress sets at stearnsandfoster.com i'd like to take a moment to address my fellow veterans, because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan, for up to 100 percent of your home■s value. if you need cash for your family call newdayusa.
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>> dana: we're back with kennedy. and back with us retired nypd inspector paul mauro, also an attorney and fox news contributor. paul, this is in the "new york post" editorial board said this. trump prosecution wind down proves it was always a witch hunt. and that manhattan d.a. alvin bragg developed a totally novel legal theory where 34 misdemeanor counts of business -- can be converted to felony
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charged because they were allegedly in the service of covering up another crime. bragg's team forgot to offer any evidence that their records were falsified or to specify what the other crime might be let alone prove it. you write about this in the ops desk today. why hasn't the second crime been named? we're so many weeks into this trial. what is going on? >> just the fact that so many of the commentary around this case revolves around what is the theory of this case is indicative of how unusual and really mal formed this is. you never have this when we have public discussions of cases. generally was a witness effective. has the crime been proven. none of us can figure out what's going on. don't you get the feeling we all expected an aha moment by now where it become clear what that second crime was supposed to be. they haven't clarified it. one of the reasons and what you allude to.
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if the second crime is the statute related to fraud on a new york election, then it is a conspiracy charge. that word is right in the title of the statute. well who is the co-conspirator with donald trump? it's michael cohen. and he is on the stand. not a great look. one of the things they are looking to stay away from. >> bill: so cohen was given this payment that he negotiated with weisselberg and it included the stormy daniels repayment that was, quote, grossed up so cohen didn't have to take a tax burn on it. this just happened. in addition he was paying a tech firm and a firm called red finch and cohen confirms that he owed red finch 50 grand and never paid the full cash. trump's attorney blanche says he stole from the trump organization, cohen says yes, sir. he also confirms lying to allen weisselberg. i don't know how many that is on
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the list but that is another verification. cohen said he never pleaded guilty to larceny. blanche says you did steal from the trump organizations based on the reemotion burrsment from red finch. >> that's only one of the things that we know about that has come to life under the grueling cross examination, which is continuing as we speak. in that courthouse. but you know i'm with paul. i'm one of the people looking at this going what exactly is illegal here? what is the crime? then people go he paid a porn star. yeah, but what's the crime? and all that we're seeing from this is donald trump may be a bad judge of character. when someone expresses a deep loyalty to him, he gives that back to them in return and sometimes doesn't pay attention to the very red flags, as red at that tech company that michael cohen apparently stole money
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from. but you have bad actors who are the star witnesses who have not delivered, they are really crumbling under cross examination and at the end of the day, you know, we're left as voters going but why? how is this making my life better? how is targeting him with law fare doing anything to calm inflation and make my life better or change my vote? it has had the opposite effect for a lot of people. >> dana: we're in manhattan. a manhattan jury. but as you also write about today, it feels like there is consensus coming from people following the trial, i'm reading a lot. we talked about reading "the new york times" and "wall street journal" and it feels like most people think there is likely be a juror that says guys, i can't go along with this. >> i think the target for a lot of this has been the -- obviously the entire jury, the two lawyers presumably trained in the law and understand the
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legal concepts involved. so this is one of the reasons i wrote about costello. if you get a guy like costello in who is very compelling and i don't think will be shaken on the stand. he is an old hand 50 years around new york and see what's coming before it hits. they are going to see a guy like him as somebody who doesn't seem to have a real iron in the fire here but is telling the truth. his truth, if offered as we discussed earlier, if you keep it away from hearsay, which will be the issue, and it just comes in to undermine and impeach cohen's statements. if costello said what i heard with my ears is the following and undermine what this fellow has been saying. you are sitting with the jury and the two lawyers are you have to say to yourself, i need intent here. we've just seen more daylight put between donald trump and cohen. cohen is ripping trump off. not only is he a liar but not that tight to his boss. you say to yourself this is a guy who i really can't trust and
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he is the whole case. so you make a lot of ground up. >> bill: to close the loop on that lydia hu says so it amounts to 60,000 that cohen stole from the trump organization for work he was paid for but work he did not do. kennedy, this whole costello gentleman, it almost seems to me on the outside that republicans are trying to tell trump's team get this guy into court because he came out of nowhere last week with that hearing in d.c. and we booked him on our show to flush out his relationship with cohen and it was extraordinary to listen to him about the relationship and almost like they are saying hey, get this guy in there. he is well respected. he knows the southern district in and out, and he was right there with michael cohen during that critical period. >> dana: yeah, and he could be the one person to quickly put
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the nail in the cohen coffin. they want it to be wrapped up but sealed with some sort of a win, with some sort of an exclamation point that shows you can't do this to people. you cannot coble a case together because it makes you wonder with the credit scores and things like that looming what sort of case will they build against you even if you don't have a team of, you know, very crafty, smart lawyers to defend you? so yes, i think that costello would be a good person. he can bring in some specifics. cohen doesn't have character to begin with. so you need someone to make the final case that this is not what this all should be resting upon. >> bill: one thing from andy. no evidence trump is thinking about federal campaign law. a lot of evidence trump watches every penny. that has been detailed quite a bit. >> dana: we don't know, he said that he has kept it open. it seems unlikely that trump
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would testify. where do you think that lands? >> i would say no. that brings in -- if you get him on the stand. independent of the fact it is donald trump and he can be valuable and talk off the cuff a little bit, i think that is where you draw the law. you have enough in there to undermine the case especially if you get costello in. he will carry a lot of that water. i think you would be crazy to put trump on. my prediction is they will not. i think they will try to get costello in. >> i think you are right. he can say i want to testify, i want to clear my name. i want to be johnny depp and blame the lawyers but -- >> dana: that's what we should do is blame the lawyers, paul. >> bill: a lawyer who stole from his client, a lawyer who secretly recorded his client, a lawyer who was obsessed with his client and still is pair en thatically, a lawyer who lied
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about his client both under oath and not. >> dana: another one. a lawyer for donald trump who thought he could be the attorney general of the united states. and when he found out that he wasn't going to washington, that's when he got mad. >> bill: if it wasn't a.g. it was chief of staff. >> a lawyer no longer a lawyer. >> put that narrative in the closing what you just said. a disappointed lawyer. his motive to do donald trump. >> dana: thank you, i hit on something but didn't know it. thanks. >> bill: back to the courthouse right after this. stay tuned. 's gold - they think it must be complicated. it isn't. not with rosland capital. with rosland... the entire process from start to finish is built on one concept... one... keep... it... simple. rosland capital - a trusted leader in helping people acquire precious metals. gold bullion, lady liberty gold and silver proofs,
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outside the courthouse. tom, welcome. where do you think we are and where do you think we're going? >> well, i think we are in the homestretch at long last. as to where we're going, we'll wrap up michael cohen's testimony presumably today. the parties will spend the rest of the week haggling over jury instructions and see, i think, some form of a defense case put on by the trump team. they don't need to do anything elaborate. they've been in a strong position the way the evidence comes in. the defense doesn't need to build a case from scratch. they can put on a very streamlined presentation and then segue very elegantly to closing arguments next week. >> dana: all right. andy mccarthy you are still down there and we're underway. i'm curious what you think about michael cohen. actually have a question. where does everybody go once the jury has the case? once they get the instructions and the jury has the case? do they have to stay in the
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courtroom or in the vicinity right there? >> the jurors will be in the deliberation room and then generally speaking, the prosecutors will go back to their office, the trump team, i imagine that the secret service, nypd and the d.a.'s office security people have some arrangements for where they are going to stay proximate to the courtroom so that if there is a note or something they can get back in short order. >> bill: paul, we mentioned this last hour. maybe this is a political question involved here. we pulled these stories from the "wall street journal." a pretty factual story arguing for the defense. "new york times," looks like a factual story twice as long arguing for the prosecution. and i just wonder the american public is out there and they are jurors also. whether they choose to pay attention to this or not is
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their own decision but they've already made their mind up or they might be able to be swayed, depending what this jury comes back with. >> two things. one of the things you find if you deal with juries or if you ever served on jury duty it is quite heartening. people do take it pretty seriously and try to parse the evidence and understand the responsibility of it. at the end of the day there are a lot of politics floating through this. as we discussed last week my inclination is they lean towards guilty. it is a manhattan jury and it doesn't mean they are necessarily doing anything underhanded but they'll see it more through the lens "the new york times" has than the "wall street journal." then i go a little bit further to advance the story and say this. i don't think it matters much. donald trump has stepped out of the courtroom at every opportunity. done classic trump. they have him stuck in new york so he uses it to his advantage.
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an impromptu press conference and developed a strong story line that the judge is doing me, the system is doing me, this has been weaponizeed against me. even if he is convicted, he has a good narrative to say that the whole thing was bogus. i have to say, costello being in congress giving his story right when michael cohen is on the stand really demonstrates that dichotomy and it will be part of his post conviction narrative if it gets there. >> dana: there was an op-ed in the "wall street journal" by ethan greenberg. he wrote the big decision before the trump verdict. the dramatic conclusion of donald trump's new york trial is quickly approaching with lawyers tentatively set to make their final sup summations tuesday. it might depend on a drier legal affair. the charge conference. that meeting between the two legal teams and judge merchan will decide a key question. will the jury consider only 34
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felony counts of falsifying business records in the first degree or also consider 34 misdemeanor accounts of falsifying business records in the second degree? tom. i know that might not be dry to lawyers. it is dry for me and i'm trying to figure out if it really comes down to that, what is the laymen's way when you and i worked together in the administration, that you explain to a lowly press person what does that actually mean? >> yes, for the record i find that very exciting. the charge conference is when the lawyers and judges sit down and haggle over the actual instructions that will be read to the jury right before they are sent to deliberate. that article is astute. a key question in framing these instructions for the jury is whether they send just the felony counts to the jury, whether they send the misdemeanor counts to the jury or the options of convicting on a felony or misdemeanor.
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i think the big significance here is if the jury is given the option of convicting solely on the misdemeanor, that does open up the possibility of what could essentially be a compromised verdict. some jurors who think trump should get off completely. other jurors who think trump should be convicted of a felony. you have those disagreements the jury will say let's split the difference, compromise and convict him on the misdemeanor but acquit him on the felonies. >> dana: maybe not as dry as i thought. >> bill: andy, is it? >> well, i think it's a bonus because the statute of limitations on the misdemeanor ran in 2019 or 2020. so if they only convict him on the misdemeanor i believe that case has to be thrown out. so i this i the big issue will come down to and part of the jury charge, too, bragg will want the jury told that if you
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convict him on the misdemeanor that means he walks. and trump will not want the jury told that. he will want the judge to say look, just tell us how you come out and we'll figure out what it all means. >> dana: we might have hit upon something here. >> bill: here is from the journal. while justice merchan hasn't released the jury's instructions yet the d.a.'s office need jurors to agree that prosecutors have proven each link in this chain. >> pretty much every crime has to have the intent piece, all right? what is called a culpable mental state. did you do it intentionally, recklessly. in this case it's intentionally. the introduction of daylight between michael cohen and donald trump is so important. nobody believes donald trump wrote the entries in a ledger which there was a ledger. allen weisselberg is absent. he is in ryker's. he is the accountant.
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>> bill: that controller three weeks ago, i think, testified that when the receipts came to him he wrote them down as legal expenses because they were payments to a lawyer. >> exactly. here is donald trump essentially being by proxy having imputed to him you caused these entries to be made. and yet we're seeing again that daylight between donald trump at the top of the organization and who is actually doing the inscribing here. irrespectsive of the fact that donald trump is talking about they were legal expenses from his perspective. who advises donald trump on how to do this? who was his lawyer for this? the guy on the stand. that goes to what we talked about earlier as him being a co-conspirator. >> bill: i don't know if we look at it through the lens of the journal or times. it is a devastating stretch tore the state's star witness and all the stuff they've gone over for the past hour could be
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devastating for cohen. >> they may feel it's enough and they don't need costello. >> dana: we'll get more information as it comes in from the court covered on all angles. we'll be right back after this. it was really holding me back. standing up... even walking was tough. my joints hurt. i was afraid things were going to get worse. i was always hiding and that's just not me. not being there for my family, that hurt. woo! i had to do something. i started cosentyx®. i'm feeling good. watch me. cosentyx helps people with psoriatic arthritis move, look, and feel better. it targets more than just joint pain and treats the multiple symptoms, like joint swelling and tenderness, back pain, helps clear skin, and helps stop further joint damage. serious allergic reactions, severe skin reactions that look like eczema, and an increased risk of infections, some fatal, have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to,
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>> bill: so welcome back. reading again more emails from inside the trial. cohen agrees that meeting with
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the trump family to talk about personal matters was always part of his job. he cannot recall being advised not to speak to trump in may of 2017. that was around the time the mueller investigation was starting to ramp up. 2017 cohen was paid $35,000 from trump. the other two checks were from the trust. they got paid. he did consulting work in 2016. paid approximately 4 million from six clients. he was working as trump's personal attorney if memory serves. dana marie. >> dana: want to bring in marc thiessen former speech writer to george w. bush and one on the case and one on politics. the first one is about michael cohen and his credibility and what the jury has heard and seen. one of the things was today on cross examination he was asked about taking $60,000 from the trump organization for work he
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did not do. then you also believe he isn't a fixer, but a grifter. how do you think the jury takes that? >> well, i mean he is a serial perjurer who has lied at probably every place you can lie, he has lied. when he was caught in a lie on the stand, with this 96 second phone call he claimed about the hush money payment and proven he was talking about a 14-year-old stalking him, he said well, i believe i was -- he said it was both. 96 seconds he discussed both of them. i believe i was telling the truths. i believe i was telling the truth. if you are telling the truth you say i was telling the truth not i believe i was telling the truth. so his credibility is crashed. i want to bring up one other legal issue that is interesting and i love if andy mccarthy for somebody has a thought on this. the biden administration right now is suing the state of texas saying it is unconstitutional
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for the state of texas to enforce federal immigration law. and the left is outraged by what texas is doing. if it's unconstitutional for texas to enforce federal immigration law, how is it constitutional for new york to enforce federal election law? these things are not consistent. bragg has no authority to enforce federal election law. if there is no federal crime, then it is just a misdemeanor. as andy just pointed out it would be thrown out the statute of limitations is gone. >> i've called this the trial of the dog that doesn't bark. if this was any other prosecutor in america, state prosecutor, municipal prosecutor and the defendant wasn't trump, the biden justice department would be papering the state courthouse and the federal courthouse with all kinds of motions to stop the
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prosecution from doing that because in federal law, the federal election commission and the justice department are given by congress exclusive enforcement jurisdiction over federal campaign law. so when trump says this is all biden, it is not as easy to see in this case what the connection is, but the biden justice department is very passive here and i assure you that under any other circumstances if it was any other defendant, we would be hearing a lot from them. >> bill: i want to get to phil holloway in a second. andy, stick with me. turley is inside the courtroom and so is gowdy and kerri cue pack is in the overflow room. do you agree when she says it has been a devastating stretch for the state's star witness. >> to show he stole from the trump organization even as they
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were structuring a deal to pay him $35,000 a month is an enormous big deal. bill, the figure you just gave about those consulting arrangements he had, $4 million or $6 million he made, he was monetizing the fact that he was the president of the united state's private lawyer. he was very much enriched by this arrangement. >> bill: we'll wait to hear how much longer cohen goes. phil holloway, we have kind of relied on this bob costello interview we did last year -- last week here in "america's newsroom." he was the attorney out of new york working for michael cohen. he told dana and me this last thursday. >> besides making that statement i swear to god i don't have anything on donald trump, he also said more times than that answer, guys, i want you to understand, i will do whatever
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the f i have to do, i will never spend a day in jail. then he would slam his hand on the conference room table. what does that mean to you? that means this guy is saying i will lie, cheat, steal, do whatever i have to do, i'm not going to jail. he did go to jail. and who do you think he blames for that? >> bill: what about that, phil? it was a delayed sentence. i believe the judge allowed him to have, i think, surgery or operation. >> dana: then there was covid. >> bill: yes, i think he showed up three months later. go ahead, phil. >> well, you know, a fair minded judge would absolutely let this witness come to court because he has information that directly bears on the prosecution's key witness, specifically that information that he has bears on this witness's bias. a man that will steal from his employer is a man that will do anything to his employer. he has already admitted he wants
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to see trump in prison. of course, the things we've talked about before with him tiktoking with the t-shirt showing trump in jail. his bias against donald trump is extreme. it oozes out of every pore in his body. when the state's case rests upon someone's credibility that which is none, we have a very big problem. fairness in the system, due process, fundamental fairness i think requires judge merchan to allow this witness to come to court and to tell this jury that this witness has lied to them in this very case. >> bill: got it. to andy mccarthy's point a moment ago the company nevaris paid cohen. another company avenue adventures, aerospace paid him $1 hundred thousand a month for
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a year. on and on this goes and we'll follow that trail. >> dana: we shall. >> bill: after this. car paymentg out of control. get a newday 100 va cash out loan at lower mortgage rates to pay off those high rate car loans. choice hotels is a family of brands with a hotel for any traveler you want to be... like #1 chef dad, cookin' up a free, hot breakfast for the entire family at a comfort hotel. mom made this. umm... i...added... the garnish. book direct at choicehotels.com.
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it's just smarter, healthier pet food. it's amazing what real food can do. >> bill: here we are and what it is, ms. perino. cohen confirms he told multiple people trump knew nothing about the daniels. don't know what this means. >> dana: one of the things is it's different from when i started doing press work with sources like a michael cohen. there was a phone call. maybe you were taped, usually not. now there are text messages and it changed a lot and it turned things last friday for michael cohen who is on the stand right now as cross examination continues but expected to end today. >> bill: he is in the batter' box as you would say and brad smith is in the on-deck circle. >> dana: harris faulkner will take you through the next hour. here she is. >> harris: you know this casis

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