>> tech: need to get your windshield fixed? safelite makes it easy. you can schedule in just a few clicks. and we'll come to you with a replacement you can trust. >> vo: schedule free mobile service now at safelite.com. ♪ safelite repair, safelite replace. ♪ >> dana: donald trump's defense expected to rest their case today but not before one final witness takes the kill shot to the prosecution's case. former legal advisor to michael cohen, robert costello just

finished cross examination from alvin bragg's office. welcome to a new hour of "america's newsroom," i'm dana perino. >> bill: i'm bill hemmer. he is off -- the state is done with his questions. who is robert costello, right? he is telling the jury the shame bombshell claims he told to congress last week and told us, too, on our program. i think he was with martha as well. who is he? former legal advisor to michael cohen, from new york. he had a falling out partly due to alleged outstanding legal bills which there were many, formal federal prosecutor and defense lawyer. costello is on the stand yesterday saying michael cohen said numerous times that president trump knew nothing about those payments, that he did this on his own and he repeated that numerous times, okay? we reported on that many times. he has said that on television the last week many times. so here we go. go ahead. >> dana: what we can show you a little bit of that from

costello. watch here. >> i probably came back to this subject ten or 20 times during the two-hour period. every time i brought it up, every time he answered i swear to god bob, i don't have anything on donald trump. i decided i have to make it known to both the defense and the prosecution what the real story is, who this guy really is. so i provided all this material to donald trump's lawyers and i provided it to the manhattan d.a.'s office. >> dana: all right. so costello is longstanding lawyer. he has a lot of personality, a lot of character. a lot of experience under his belt and he said that even at the grand jury he was not allowed to say things that needed to be said for the truth to be out there. he made a public case to be called as a witness. the trump defense team decided to do that and the judge and costello are like oil and water, folks. they do not mix well together. >> bill: so the cross

examination is over. redirect now begins. i would imagine a lot of these questions that were cut off when costello repeatedly said would you like me to explain myself and the state's lawyer said no, her -- another attorney for donald trump will handle the redirect as it gets underway. i would imagine he come back to the same points to allow him to explain what he was trying to say at that time. >> dana: bret baier is with us. anchor of special report. you walked into court saying this is a kangaroo court and had this from him if you could pull up call for number two. he talked about this city. and how he feels about it. watch here. >> i love new york. this is where i grew up. i was born here and i grew up here and i see what is happening with this judicial system and it is just -- all kangaroos, we can't have it.

i think the appellate courts can take care of a lot of things. this shouldn't even get to an appellate court. this should be an easy ruling. i think it would be great for judge merchan to rule from the bench and determine this is a witch hunt. >> dana: it doesn't look like it will happen. we're still a week away from closing arguments in this case. >> which is really surprising. good morning. i think that first of all, you are getting closer to the actual case going to the jury because they are new yorkers and i think the former president is just making sure they know he is a new yorker, too. and i also think that there is probably 0 chance that the judge does a direct order to dismiss. but there are definitely legal experts who look at this and say he could based on what they've seen presented so far. i think it's easy for the jury to understand the difference in

how things are handled with stormy daniels' testimony going down all kinds of salacious routes and the testimony of costello where he was interrupted from presenting. and the biggest, i think, egregious thing the jurey won't know about is the witness not called, bradley smith. the fec expert who really had some specifics that the jury could use to get to the heart of this matter. he will not be heard from. >> bill: yes. and last hour we were talking about the implications of a conviction and matt bennett was on. he is suggesting the polling suggests it could really hurt trump. i don't know if it could or not or if anybody can make that leap yet. you have to understand how it settles in. i tell you, bret, for a trial of a former president that is getting so much attention on cable news and throughout media,

i think it's rare where you find a story where so many people say i'm not even watching and i'm not even paying attention. i don't know what that means. i guess we'll figure it out in time. >> yeah, listen, i think they paid attention from stormy daniels and the salacious stuff was out that day. i'm not sure how much they are paying attention to going into the weeds of what the actual crime is here. and how this judge delivers the instructions to the jury is really the part of this case that matters. it is how the jury makes the determination, what they are instructed to do. and i do agree with you, i don't know how the politics is going to fall but this moment, if he gets a conviction, does change some element of this election. >> dana: we have some idea how it is falling if you look at the april fundraising numbers, call for 15, folks, trump raised $76

million to biden's $51 million. over the weekend "politico" detailed the finances of both campaigns and that overall biden does have a lot of money but if you just look at this case getting started and how it is going for democrats, if you are looking at support for the president, it is not going down. it seems to be going up. then you have this bold decision by president trump to try to grow his support and he will hold a rally in the south bronx. well today biden is going to new hampshire for electoral votes and massachusetts. to me it shows a political posture outside of this trial means that trump knows that he has got biden on the run. >> i agree with you when it comes to polls. there are places like minnesota that is really close, virginia. they are expanding the map, the trump campaign is. what i was saying we don't know the implications of the word conviction.

>> dana: true, of course. >> how that makes independents and suburban women feel. we do understand now that a lot of people think he is, you know, on the back side of an unfair process and he is telling that every day when he gets to the microphone. if he is acquitted and either is a hung jury or a jury comes back not guilty i think there will be some wind in the sails of this campaign as far as saying we are going to go out and talk about issues and they will have something that voters really care about. >> bill: an observation. reading through emails, these are our colleagues, yes, but i also respect their views and they are steeped-in-law. they know what they are talking about. bret, across the board they are like this judge is not being cool to the defense. this judge essentially is not being fair and wow, i mean, from

my observation, throw turley in the mix, too, this is a unanimous decision based on some of the legal experts we're listening to on our network. >> you look to alan dershowitz said the same thing and he was in the courtroom. others have said the exact same thing. there is all kinds of elements here that open themselves for appeal if you got to that. but how the judge acts is a big deal. i do think that the brad smith blocking that testimony is a big deal. he was going to testify and tweeted out that if these payments were considered campaign expenditures they wouldn't be listed with the fec until mid to late december, well after the election. there is all kinds of things that factor in here that would be exculpatory and really helpful to the defense and they are not hearing it. >> dana: there was somebody on x said this is a trial that happens when you have prosecutors that bring charges

based on watching left wing cable networks. and i do think on the politics, for me it seems preposterous. i listen to turley and mccarthy. trump did it a little bit yesterday but you could read off legal commentators from the left saying that this case is not going well for the prosecution. and you would get to a point where you think this does seem unfair and then you have all the issues we know that people actually care about, economy, etc. to your point that we don't know how it will affect him, the votes, i also wonder just based on what you know how would it affect president trump himself? to me that's like injecting fuel into him. if he were to get convicted it is not like he will go back to mar-a-lago and hide in a corner. i think it is going to fuel him even more. >> yeah, sure. yeah. he does see this as, you know, fuel in his energy to be able to

say listen, i'm getting attacked here in this law fare situation. he says it every day and he says it on the stump. i think when he talks about this and then bounces to issues people care about, it is powerful. this is not about me and this courtroom. it is about you and the american people. those things when he makes that turn is a powerful thing because people do say i care about what the economy looks like, the inflation, crime, border, and i really don't care about this particular case, at least what they tell pollsters. >> bill: andy mccarthy will often say is undefeated on the law. no one would disagree with that. if you want to understand a complicated legal matter go find what andy mccarthy writes every day. he just wrote, this is mccarthy, unreal. trump's lawyer bove goes back to

the email that the state's lawyer asked about, the state's lawyer objects beyond the scope of the cross. but he says it was the scope, in all caps. merchan sustains the objection. just to the point from before man if the state is looking for a break in this, this judge seems to be giving them a lot of rope. >> a lot of leeway, 100%, bill. and very different scenario to what the defense has been able to do or the witness costello when he was interrupted numerous times by objections that were sustained by the judge and then the courtroom was cleared and the judge said are you giving me side eye? that's right in front of the jury that interaction between the judge and a defense witness. that's different than the leeway was given stormy daniels and michael cohen.

>> gowdy, he had the comment about the strike zone has to be even for an umpire. he says judge merchan is the size of a gnat's cotton ball right out of south carolina. he loves the word sustain when the defense is questioning its witnesses. on and on it goes, bret. thank you for coming on and we'll see you at 6:00 today. >> dana: when we hand it over to you. >> bill: we'll let you know what happens next when it happens inside that courtroom. back in a moment. >> he is looking to make money and he has been making money. he has a podcast, which is ironic. it is latin that means through my fault. it is through his fault that we're all here talking about this subject. you're the first to know when high rate debt is stressing your budget. but your family's service has earned you a big advantage. the va home loan benefit. with the lower rate newday 100

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>> bill: we have action, we have action inside the courtroom. the defense has just rested its case and donald trump will not be called as a witness in his trial, all right? defense rests. jury has been dismissed until next tuesday. >> dana: unbelievable. >> bill: enjoy your long memorial weekend. >> dana: i can't understand that. >> bill: they live in new york, right? memorial weekend in new york city is considered one of the biggest getaway weekends of all time. >> dana: make them do closing arguments tomorrow and force them to have a decision by friday. >> bill: the point i'm driving at is you think these people aren't going to watch the news? you think they won't log on and read something about this, that or the other, or go out with friends or family members and you know friends and family members, the close ones know what they've been doing for the last ones. not that big a secret. off we go and down we go to jonathan turley for his initial reaction.

where are we, professor? hello again. >> hello. the final day of testimony really highlighted many of the concerns that the defense team has, including some rulings from judge merchan which frankly are disturbing. i said yesterday that i didn't quite understand the basis for some of his decisions. they seemed to me manifestly wrong. today that was an even greater problem. for example, the judge allowed the prosecutor to cut off costello when he was trying to explain the meaning of a statement. and when the defense came back and said you were cut off. what were you trying to say? the judge sustained an objection that it was beyond the scope. that is crazy. he was trying to explain the meaning of what the prosecutors had just quoted. and to some extent it makes you concerned. i remember there was a louisiana judge that was notorious for turning to the defense and saying is the defense ready to present it case and the

prosecutors and say are we ready to present our case? there is a line at which the judge's rulings become so disturbing that even some of the jurors may pick it up. so the concern for the defense now, as you just alluded, is that these people will go back to the world. they will go back, not sequestered. going back to their neighborhoods and subject to watching television but also going to be talking with their neighbors and friends in new york, donald trump is widely disliked. and they will be going back to that environment and the question for the defense is, is it going to make it more difficult for them to be the hold-out jury and say i don't see where the crime is there. >> dana: i'm the captain of dumb questions. the jurors, they themselves are allowed to go back to work today, right? >> yeah, they are not sequestered under any

limitations. they are asked to avoid the news. but it is pretty hard to do that particularly in new york where you will be saturated by this trial. >> dana: my other dumb question, so the issue of brad smith, federal election commissioner who was willing to testify and the judge said he cannot testify and he would be somebody who could explain election law and he did this long post on x instead, does the jury know that he wasn't called and if they don't, can the defense bring this up in their closing argument next tuesday? >> no, they will be under strong limitations. the jury probably does not know that they had this witness ready to testify on the election issues. the problem for the defense is that the judge curtailed his testimony so much that his testimony might actually reinforce the prosecutors only in the sense that since he would not be able to explain that there is no election violation

here, he would just sort of reaffirm that this is a core issue in the case. what smith was going to say is that there is no election violation. but the judge wouldn't let him go into those areas. now many judges would have taken that position of i tell the jury what the law is. the problem is what the judge has done with the rest of the case. the reason this witness was needed is because this judge has allowed the jury to hear falsely that there was -- there were campaign violations. and there were not. so i'm quite convinced that this jury thinks that there was a verified and established campaign violation committed and connected to trump. that is just not the case. so what is most important about what smith said today is that he had evidence to show that the theory doesn't even hold together because they wouldn't have had to report this even if it was a campaign contribution

until after the election. so the whole premise of the prosecution is completely invalid. >> bill: so court is in recess until 2:15 eastern time, four hours from now. both sides will work on a proposed jury charges before that time when the conference begins. does the judge write up the jury charges over the next week or is that done today? when do we find that out? >> i would be surprised if he wrote them up. he will be hearing arguments. i was confused yesterday when he said i want you to work together and come up with a red line version of instructions. sometimes you can do that. i can't imagine a red line version between these attorneys because one side would just red line everything in the instruction because there is a fundamental difference on how they view this case. i think the defense has the better argument here. that says there aren't any elements established in this case. it is not a credibility

question. nobody has connected trump to how these payments were characterized on these business records. that's a fact. the most that michael cohen has said is that he was aware that this was being done. >> bill: a little more information for you. grace tag earth emails from the court saying merchan expects summations the take at least a day. he expects his instructions to last an hour at least. merchan doesn't like to break up summations. he likes the jury to hear both at the same time. he then likes to give the jury charges, then the jury begin deliberations. merchan says there is no way to do what he needs to be done in a cohesive manner this week. he considered all scheduling options but the best thing they can do is adjourn until next tuesday. at that time they'll hear the summations and the next day the judge's jury charge and deliberations should begin next

wednesday. we have eight days. >> dana: unbelievable to me. >> bill: that's not a speedy process, professor. in any way. >> no, it is not. it works against the defense in my view. but here is the whacky aspect of this. after that long delay, after the government presented its case and after the defense presented its case, it is only in closing arguments that we expect the jury to actually hear what the theory is as to this second crime. what crime was being hidden with these false records. i have never seen a case in my entire career where that's the case. you still have legal experts who will be debating over the next few days what that theory is. that's why this judge has done a poor job. he has created this farce, which is unfolding in his courtroom. there should never be a case where we have to wait for closing arguments to figure out what the government's even suggesting about that second

crime. >> dana: jonathan turley, thank you for all of that. we will be back to you as we have the defense has rested. president trump left the courtroom moments ago. he did not make additional comments. we have his comments on his way in. you can see him there raising a hand up. but you won't hear from him, at least not right now. the team comes back in at 2:15. to talk to the judge about what the jury will be instructed to do. that won't start until next week, which is pretty unbelievable to me. we'll be on top of this and more great guests and analysis coming right up. to see and things to do. that's why you choose glucerna to help manage blood sugar response. uniquely designed with carbsteady. glucerna. bring on the day. choice hotels is a family of brands with a hotel for any traveler you want to be... like quality inn, for the dad that gets every dollar and minute outta this family road trip!

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information about donald trump because that's clearly where the southern district was going. then i told him if that's the case, i can get you out of your legal problems by the end of the week. and every time i brought it up, he said i swear to god, bob, this is a quote. i swear to god, bob, i don't have anything on donald trump. >> bill: he is a compelling talker, that's for sure. whether he was able to tell his full story remains a point of debate at the moment. that's bob costello there. right there he was on the stand earlier today and yesterday. he is off the stand and on day 20 the defense rests. eric shawn is live outside the courthouse to bring us up to speed right now. hello again. >> hello. testimony in the trial is over. the judge telling the jurors i'll see you in a week. closing arguments are next tuesday. another dramatic day in court. the defense rested with robert costello. trump did not take the stand in

his own defense. the legal right not to do that. perhaps one reason for that is that the defense and the former president simply believe that d.a. alvin bragg has not proven his case. >> there is no crime. there is no crime. it is a kangaroo court. there has never been anything like this that i've ever seen. throughout all kangaroos, we just can't viteae. i think the appellate courts can be take care of things. >> back on the stand was robert costello, trump ally, well-known new york lawyer who claims michael cohen lied on the stand. costello said six years ago when cohen's home and office were raveded by the f.b.i. cohen turned to him for advice and what cohen told him trump had no involvement at all with the stormy daniel payment and that the deal, in fact, was cohen's idea because he wanted to hide

stormy's claim of that alleged affair so melania wouldn't find out about it. we didn't see costello rolling his eyes or signs of exasperation he exhibited yesterday. the judge cleared the courtroom and admonished him or his antics and costello was in fine form this morning. the prosecutor showing to show costello was part of a trump pressure campaign to squeeze and used rudy giuliani. costello denied that on the stand. one of the emails told cohen he had friends in high places and cohen said yes, he was referring to former president trump. who was the president at that time. so the rest of the schedule will be this this afternoon. the judge will hold a hearing on jury instructions. that's really a very critical part of any trial when they hash

out exactly what both sides can tell the jury next week when they give their closing arguments and the instructions that the judge gives to the jury under the law describing what they can or cannot consider in this case. so the testimony over, next tuesday back in session, closing arguments. it has been quite a few weeks, bill. >> bill: it sure has. not over yet. eric sean downtown. >> dana: judge pirro. we have to talk about this judge, judge. >> this judge, you don't need a prosecutor if you have a judge like this. this judge is not on the level. he is not on the level. he should not be the one who was handpicked to try this case. we always pride ourselves in saying there is a wheel and judges get picked anonymously. that didn't happen here. everything that this judge merchan has done is indicating that he is favoring the prosecution. there is no question judges will favor one side or the other but you don't need a prosecutor with

a judge like this. the way he allowed michael cohen and stormy daniels to testify and yet every question by the defense of costello, every objection was sustained. he wouldn't allow costello to tell the story. the fact he gags trump and not cohen and the fact that he says that i'm going to strike this guy's testimony or hold him in contempt. he should be held in contempt the way he handled this case. this judge is out of control. but more than that, to allow this case of a former president and possible future president to go on for weeks on end. to not sequester them and say you know what, folks? we'll get a verdict here. i will charge you and we'll make a decision and you are going into that deliberation room. get it done is right. but you see he plays into the whole argument that this trial is to keep trump off the campaign trail. a day here, half a day there. when in the end, he says to both

sides look, you ought to work on the jury charge together. no, i asked for this, you asked for that. this judge would not allow i think his name is ben smith, the head of the federal election commission to not testify is stunning. because the federal -- he allowed michael cohen and david pecker to testify to a federal election campaign violations but won't let the head of the federal election committee come in and say these are not violations is stunning. this case has unbelievable reversible error in it. >> bill: trey gowdy was in the courtroom and we hope to talk to him. costello was a draw or neutral in terms of his appearance. could work for either side or maybe a 50/50 deal. he thinks it all comes back on cohen anyway. for the jurors, did the prosecution, did the state, prove beyond a reasonable doubt every element of the case that they presented. >> let me ask you this.

did the prosecution put to your satisfaction that donald trump told someone in the bookkeeping department in the bowels of the trump organization how to identify this payment, who to write the check to and what it was for? i haven't heard one witness testify to that. >> bill: if you are asking me, here is how i would answer that. i need to hear from alan weisselberg and the state chose not to call him. let me finish. then the defense decided not to call him. he is still sitting in prison and the one who can complete the loop, true, false, good, bad. but it did not happen. i think the only witness during this entire trial who even talked about influencing election was michael cohen. no other witness even brought up the election. >> the important point here is you should get an adverse witness charge against the prosecution for not calling the

witness weisselberg who you admit is so important and anyone else would admit that witness charge would be an adverse charge. you the jury are free to believe that had the prosecution called allen weisselberg that he would have testified against the prosecution. that is what should be done here. that's why jury instructions are so important. that is an adverse witness charge waiting to happen. i will bet you the judge won't do it. >> bill: the controller said three weeks ago we had a ledger, it was old school. it wasn't up to date but we had a ledger and we put each payment in its category. so when cohen's payments came due, i would put him in the legal expense category because he was an attorney. >> right. >> bill: so that -- >> right. isn't that legitimate? >> bill: i have agree with you. based on its face i agree with you. >> it's a payment to an attorney like a retainer and he is doing work for the trump organization

during that following year. what is the problem? there is no crime. this judge doesn't deserve to wear a robe. >> dana: let's end it there. that is all she is going to say until "the five" when we see you back then and maybe see you on other shows, too. >> bill: we are reaching out to trey gowdy we'll get his impressions of what happened inside court. the images that came from court. we may not have another one for eight days. we have a big old fat memorial break for the trial of the former president, donald trump. we're back on that after this. >> it's not my word against his. i was there with my law partner. second of all, virtually everything that michael cohen has said, i read his testimony, at least the part that relates to me, is a lie. and i have documents to prove it. clearchoice dental implants changes your struggle with missing teeth forever. it changes how you eat,

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>> bill: 14 minutes before the hour now. defense has rested on day 20. we'll be back in court at 2:15 eastern time. trey gowdy was in court this morning and joins us now. trey, good morning to you. reading your emails. quite colorful. good job. maybe you have a future as a reporter or a court reporter or something akin to that. >> i wasn't a very good lawyer. i have no future has a reporter. >> bill: that's funny. the moth ball was cleaver. lay it out for our viewers. what did you hear and see inside? >> costello i thought was a little better than he was yesterday. i think what he figured out is the substance of what he has to say is helpful for the defense. but when your demeanor is off putting it im peaches and

undercuts what you have to say. my final analysis, the star prosecution witness, michael cohen, is completely biased. i think the prosecution did a pretty good job of showing costello has a little bit of bias as well. the jury has to sort out. those are the only 12 opinions that matter. the jury has to sort out if you have competing biased witnesses it's a draw. draws go to the defendant. the government's job to prove each element beyond a reasonable doubt. >> dana: the demeanor of the jury once they found out the defense rested and get a vibe. what was your sense? >> you know what? i have been impressed with this jury. they are attentive even during the more tedious parts of the trial. i always my focus on the jury, those are, as you well put, those are the only 12 opinions that matter. who sat in the same seat they did yesterday, that tells me something. who moved around and who sits by

whom. they were extraordinarily attentive. the judge initially this morning i thought maybe, maybe, maybe the strike zone would be the same for both sides and then it got really small for the defense just like it was yesterday. i have heard plenty of judges say you must answer yes or no and then you can explain. i have never seen a judge say you must answer yes or no and you cannot explain. i have never saw it in almost 20 years in a courtroom. >> bill: help us out here. we are listening to a lot of your analysis and mccarthy and turley. you believe this judge hasn't been fair. do you stand by that, a, and b, why are we going to take an eight-day break for a long american memorial weekend before the jurors even get a chance to talk among themselves? >> yeah, i can tell you if we were in south carolina we would be already beginning our closing arguments right now.

i don't get the schedule up here to wait a week and expect people to remember what was said and whether or not you believed what was said. i think it is not fair to the jury. in terms of whether or not the judge is fair, yesterday was my first exposure to him. i have appeared in front of what i thought were pro-prosecution judges before. i benefited from pro-prosecution judges. i just thought yesterday and then again today, his strike zone is completely different when the prosecution objects than when the defense objects. and i don't know him well enough. i won't say that he is a biased judge. i will say that judges should take really -- should be really careful to not even appear to have an interest in the outcome. he seems really upset with the defense and doesn't make much of an effort to disguise that. >> dana: stay right there. i don't know if they're coming

to get you. if they do call. -- >> i will self-report. i will report. i will self-report. >> bill: don't leave, hang on. >> dana: mark, you have strong feelings about the defense making a decision to call bob costello to the stand. >> because a cherished principle that we all enjoy, not donald trump but every defendant. if they don't prove their case you don't have to call anybody. the disadvantage in calling abbott and costello is that the defense then looks like they have some type of burden when they do not. the state rested their case, no 12 people could all get their heads around the fact they proved their case beyond a reasonable doubt. i'm still waiting to understand how it interfered with some election. that was not made clear. so you don't call any witnesses. you stand up. this is what i would do. and i immediately say we rest as well reminding them that they all gave their oath that they would not shift the burden to

the defense. they would find the defendant not guilty if the charges weren't proven. >> bill: maybe the jury finds it that way. >> maybe. you don't know. i will also defer to the defense lawyers because maybe they have their finger on the pulse of this jury. >> dana: do you think that costello testimony hurt the trump team? >> it didn't help. in other words, any time you are going to take on a burden -- it is not their burden but it looks like that to the jury. you just called one, two witnesses, okay. their case was much better. they were there for weeks and you just called two witnesses? >> based on what trey is saying the judge didn't let costello answer. >> that is foreseeable. you knew that would happen. you knew costello had baggage. why do it? >> bill: okay. trey, can you answer that? was it a mistake? >> well, costello may have some

baggage but michael cohen has more baggage than delta airlines. at least be as tough on michael cohen as you were on the lawyer, bob costello. i don't care if the strike zone or high or loan. give me the same strike zone. i didn't see it the last two days. i will agree there is no responsibility for the defense to put up a case whatsoever. but if they do, the jury is going to judge them just like they do prosecution witnesses and i think costello had the potential to help the defense but his demeanor was so off putting he wound up not. >> bill: do you fly delta? he has more baggage. >> any generic witness you know there will be vigorous cross examination. costello we all knew his ego will get up there and battle with everybody. you don't call him. you don't go one step forward,

two steps back. >> bill: trey, thank you very much. mark, thank you for being here. >> dana: we'll be right back with more analysis as the defense rests and we now wait eight days for the jury to get together. cheese. [door creaks open] [ominous music] (♪) [ding] meanwhile, at a vrbo... when other vacation rentals are just for likes, try one you'll actually like.

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>> bill: court is in recess until 2:15. they'll come back and discuss the proposed jury charges. the judge will go away and figure out what charges he wants to give the jurors beginning a week from today. >> dana: the jurors get to go back that their office if they want to. can you imagine going back to work and all the emails you would have. i would have a mild heart attack about that. one piece of sound from his opening comments this morning before court when trump was talking about what all of it means. watch here. >> not that i like doing this, sitting in an ice box all day

for seven, eight, nine hours. i am doing this because our country needs it. our constitution is under threat. our country needs it. so here i am. >> dana: that was his point trying to say to his voters or people he would like to try to convince to vote for him i'm here and will do all this. i will be back on the campaign trail. >> bill: maybe they even schedule something tomorrow. may 21st. they will take a big old fat break until may 28th. and on that day they will do closing arguments. so i would imagine sometime in the afternoon, maybe, the jury gets to go behind closed doors and take an initial vote and then the schedule is for wednesdays to be off. will he give them wednesday off? gowdy said in south carolina we would do it now. >> dana: here is harris. >> harris: we begi