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people were watching the cross-examination very closely. >> it turned into a methodical this section of code when by defense attorney todd blanche blanche presented text messages between cohen and trump's bodyguard, keith schiller from october 24, 2016. now on monday, cone to characterize these exchanges with schiller as a way to just to get to then candidate trump, to get trump on the phone and get final approval for the stormy daniels payment scheme. instead, the texts do not speak of that. rather they show that cohen wanted schiller's help with a 14-year-old crank color who had apparently been antagonizing cohen for days are short time ago, cohen's texts with the 14-year-old were shown that were shown in court were released cohen text. this number has just been sent to secret service for your ongoing and continuous harassment to both my cell as well as to the organizations main line the person then responds, it wasn't me. my friend told me to call. i'm sorry for this. i won't do it again. cohen then replies, you will need to explain this to secret service

as we have been receiving dozens of these harassing calls over the past three days. if you are a minor, i suggest you notify your parent or guardian the person responds in all caps. i didn't do it. and then texts. i'm 14 so bizarre sorry. >> we're joking. former federal former federal prosecutor elie honig and michael cohen's former attorney currently go adviser. lanny davis. so were you were you surprised the defense? appeared effective, and undermine cohen's credibility about that phone call with keith schiller. i mean, when he testified earlier in the week that call was portrayed as it was called keith schiller to get to trump. there was no mention of this 14-year-old and wanting to talk to keith schiller to trace the number and figure out some way to get back with this person so no, i wasn't surprised and i don't think the jury is going to be persuaded by those kinds of mistakes are making.

>> michael cohen, the accused, and everybody having fun calling him a liar on television. this case is about, as i first was introduced to it by the price securities by first-day this case is about documents testimony, and corroboration. michael cohen is a confirming witness donald trump loves to change the subject in his lawyers love to change the subject. they want michael cohen to be the one who's indicted and accused. so let me just remind you what we've seen in evidence so far. i'm not going to speculate or downgraded juries focus on facts. i don't disparage juries, but i'm also not a trial lawyer, so maybe travelers who do disparage jury juries are correct, but i think that you have to remember the first element of this crime was corroborated. you don't need michael cohen? yeah. david pecker you add hope hicks everybody knew that the money being paid to stormy daniels was for the campaign. it wasn't to protect him from being embarrassed in front of

his wife. that's what the testimony has been so far and the second most important part of the climb is did donald trump lie when he said there were legal fees? well, there a hot document, meaning a document that's very powerful and the handwriting verified to be allen weisselberg, in which he has three categories of money that michael spent on behalf of donald trump won was $130,000 written down in his handwriting times two and the three categories to edit up to $420,000 divided by let me just do it because we've gone this is all very clear. but michael cohen sorry michael cohen is clearly important to the prosecution i mean, he's a critical witness for the prosecution in order. i mean, he's really the only one who can speak to whether donald trump was aware of how this stuff was going to be build the full nature of this scheme. he's the one who gives the testimony, which is why they're

devoting so much time and taking the risk of putting him on the stand. i know it doesn't go well for michael cohen if he's shown to be lying i mean, you're not doesn't it seem like today at the very least in the end of this morning session, he seemed to be caught in the very least, a mistake in memory hey about this phone call that he had just testified, not some old lie, but this testimony from in front of this jury isn't that a big deal i can't predict. >> i don't think juries will find it a big deal compared to the corroborating evidence of allen weisselberg's document that proves that if i was going to say use it's worth 20 divided by 12 equals $35,000. those are the checks that are sitting president each month wrote to michael cohen. its the mad stupid i was going to do a joke before anderson about james carville is the economy stupid? it's the mat that allen weisselberg, that document peruse these could not have been legal fees. he divided did port 20 by 12. he

came up with $35,000 and the sitting president in the oval office wrote michael cohen, $35,000 checks and on his personal bank account and paid him $35,000 those weren't legal fees if they're not legal fees, they were reimbursements that makes it a crime. so those are the documents that's the testimony of third parties, including hope hicks. very favorable to mr. trump. and so whether michael cohen made mistakes or is shouted at by hello or, or whatever happens that is entertaining or a gotcha moment, which i can definitely understand. anderson, the documents speak for themselves testimony speaks for themselves, and we know that the jury will ultimately here the prosecution, some the case focus on the weisselberg argument. >> do you think they never said i'm sorry. go ahead, caitlin lanny, it's kaitlan that answer that you just gave to anderson. there was a look a little over a minute, close to 90 seconds. >> that is how long the phone

call was with keith schiller that night. >> and what michael cohen argued today is that he simultaneous so we've talked about the okay for the hush money deal and these print calls that he was getting from a 14-year-old. i mean, is the jury really going to find that credible that in 96 seconds they had both of those conversations i think it could be that the jury will hold that against michael cohen is not being truthful, but it's not going to change where i said this case is about documents that speak for themselves. >> the weisselberg document is more powerful for the jury to look at to prove that donald trump lied, who's by the way the one who's indicted, not michael cohn whether michael us about holding lanny, that's right. but you also mentioned your the other night that michael cohen spent over 100 hours with prosecutors, not just this office when this district attorney, but in general, in the new york and new york did these prank calls ever come up in those conversations? and this is what he was worried about that night. >> so you know, i'm a lawyer behind closed doors with

prosecutors. i wasn't with the federal prosecutors these prosecutors. i can't answer that question. let me just say that the story that keith schiller is saying now, let's see if he testifies and then we'll see who's believable. and that's up to the jury. but i also am affecting donald trump to testify because he said i would testify. he's never taken it back. so maybe we'll get a chance to see what donald trump says. he's not exactly known for truthfulness, but no, michael is definitely suffered these things and arrows when he came to me, he was known to be a liar for donald trump i don't want to go on another 90 seconds, katelyn, sorry but you're allowed to go 90 seconds. >> i do. different to it as a question as well. >> but did you think they should want to call them? >> i mean, it sounds like what you're saying lanny, is that all this evidence was already in do you really think they shouldn't have called michael cohen as a witness i think they had to because he's a corroborating witness to

testimony, documents, emails, text messages, the timeline. >> so he is the narrator confirming what is already in evidence. now if they attack the narrator, they changed the topic i can make it about the narrator confirming. and of course, the drama of the case is made by michael cohen. and when a lawyer shouts at him, you lie. i wanted to see if he puts up a witness and we'll see who's telling the truth. but of course, he had to testify jeffrey, but all he's doing is confirming the testimony of others and documents don't lie he has a question i'm sorry, i don't have a question. >> i have something to say. >> oh, elisa michael cohen got blown apart today. >> let's be real clear about that. and what was different about this than all his other lives that he's told over the years, all his things he pled guilty to his leinz, the congress is this goes to the heart of his testimony. prosecutors, by the way, whatever happened to the burden of proof, where are these defense lawyers saying who's got a better story? it's not who's got a better story. that prosecutors have to prove their case beyond a reasonable doubt if the jury decides michael cohen lied, they have every right to reject his testimony.

this case is over there's only two possibilities for what happened today. michael cohen lied about this meeting which seems to be a conclusion that a lot of people were in the courtroom or draw or drawing or he made a massive mistake. but you know it when you're a prosecutor and you're putting your star witness on, you don't get a whoop. see, you don't get an oops. we messed up. they prepared michael cohen to an inch of his life. lanny davis said hundred plus hours, they went through everything with them. they saw that phone call 8:02 p.m. michael console. yeah. that's oh, yeah. yeah. ghraieb to badly. it's reflect on your operation cooperation. they miss those texts. prosecutor screwed up because if they had seen those texts, lex poorly on the prosecution's not this is not just about how a jury feels about michael cohen. >> this is a very sad thing for the prosecution and ultimately what you're going to hear in summation is all this nonsense about witnesses and so forth if if the jury doesn't believe that the prosecution was well-founded and starch to hate

the government's case this is an area where the prosecution you know, overlooked something major. >> and missed the boat or sponsored something without taking him through this and try to turn this conversation into more than it really was, which is to say something other than it really was that's not just a problem for the witness. that's a problem for the process that is true. but ellie, i was there, michael cohen did not get blown apart. they landed one distinct minority. i talked to people when i was there alone. i would feel the same way they landed one punch on his shirt that is it's not enough in a cross-examination like this, you've got to land multiple punches. this is a witness. now let me speak unless your job is a witness who had bonded with this jury, it is a witness who has been corroborated by more than 18 days of trial testimony by other witnesses. many haast delta cohen positive for trump.

there's a larger mosaic of evidence. now, i've gone on for 90 seconds how much want to make that 0.2? you see how much you can pack into 90 seconds. there is room to talk about a 14-year-old frank color hush money payment on cable but this was a enough norman. let's say possible by certainly not enough, but but ellie's point is, whatever happened to beyond a reasonable doubt and the presumption of entity that government's room, this simple cases plants is not enough to create reasonable doubt across the entire case. it was one time that blanche tagged him. did he tagged them? yes. was it a punch on the chin? yes. did he knocked michael cohen out? no. cohen stood his ground. he said in there, will you say you lied? i did not lie. and cohen was much stronger in the afternoon the prosecution was ahead on points. it's a closer case now, they needed a knockout punch. they what would

a knock out to be, if not, that would tell me what would be your series of lies. and it would be shall make you need checking michael cohen would be getting him to retrench. he didn't back off his point and your norm, no one's listening would you, norm eisen send a man to prison take away his liberty based on the testimony of michael cohen this is not bow yes or no. >> unlike unlike the witnesses on the stand, i don't have to accept that your yes or no insistence. are they this is not about hope this testimony, as we have jury sloan. they get. to decide vast amount of operation for michael cohen. >> one bad answer is not going to sink because the case and let me let me agree with for a sec i'm. going to agree with norm for a second. it's a way past 90 seconds. there is substantial corroboration for parts of this transaction, but ultimately, let me ask you this. >> i actually don't know. i'm interested in your answer. if the jury decides gets back in that deliberation room says we're not going to credit michael cohen eliminate him,

pull him out of the case. is there enough left to convict know okay so there's the problem i'm going to go back to lenny. lenny, you're at a disadvantage because you're on remote, so it's hard with this. so i know you're probably chomping and the i want to give you 90 seconds and then we got go but first of all totally shocked at elie honig makes declarative statements of guilt. it's just shocking, but no surprise there. thank you, ellie, what kind of normal thank you. >> is this? >> thank you thank you norman, for reminding everybody that michael has stood up very well. >> and if you're a juror you can see an imperfect witness and still look at facts as some lawyers said, they don't look at back. so let me just end by this note corroborating testimony on the money being about the campaign is nearly 100%. and that's what michael cohen has testified to. the jury doesn't have to believe i'm on that. we have david pecker. we have hope hicks, we have others on the issue of

whether they were legal fees or reimbursements, which is what the key second element of the crime is whether they were falsely large as legal fees. we do know from allen weisselberg's handwriting that he took a number doubled it, and divided it by 12 as james carville would say, it's the mat stupid there's nothing about legal fees and that math so those two elements of the crime have been proven michael cohen can be attack all that you all rightfully might say that he wasn't perfect. but there's no doubt that weisselberg wrote in his own handwriting $420,000 divided by 12, and that 420 from three buckets of money doubled up because of income tax that's the case. and whatever you say about michael cohen, he has stood up to corroborate corroborate is a corroborating witness. that's my view. >> lanny davis. i appreciate your time and norm eisen as well. thank you, norm as gripping a court with you coming up well examine how the

former president's defense team tried to tried to punch holes and michael cohen's testimony continually throughout the day will finally just got the full transcript. from today's testimony will have that next make your first move with battery power, made by steel right now, say $50 on battery lawn sets real we'll still find yours power e-trade, award-winning trading app makes trading easier with it's customizable options chain, easy to use tools and pay for trading to help sharpen your skills. you can stay on top of the market from wherever you are. e-trade from morgan stanley how ea trades easy to

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and this is cnn moments go, we've got the full transcript from today's testimony, including that moment about the text exchange between michael cohen, trump's bodyguard, keith schiller that define the trial today. >> john berman, joint us now. so what else have you found? all right. so we have the transcript now of that moment, it begins with the text messages that you showed before michael cohen text keith schiller, who can i speak to regarding phone calls to my cell and office the dope forgot to block one of them. so that was at 7:48. this is todd blanche saying this. >> and by the way, the importance so that is he has testified that he was calling keith schiller to get to trump quickly because he had to get approval to move forward on the stormy daniels blanche's walking through here at 8:02. he said, call me, i can put it up back again. he's putting the text up at 8:01 is one. he leaves that voicemail. michael cohen says, yes blanche says you call it back at 8:02 for one minute and 36 seconds. kaitlan collins with the clock there at 8:00 for you text in

the number of the 14 year-old who was prank calling you, correct? cohen says i did, yes immediately checks you back within a few seconds. he said, okay, blend and then cohen says, yes sir. blanche says the very next morning at 7:58, you say hey, did you reach the family? cohen says, yes, sir. blanche says, take it down now here's the question here. when you testified on tuesday that you had a specific recollection that that one minute and 36 second phone call on a total 24th was not with keith schiller that you called keith schiller any past the phone to president trump, you finalize the deal with stormy daniels and you said, we're going to move forward and he said yes, because you kept them informed all the time. that was your testimony, right? michael cohen says that's correct. blanche says that was a lie. you were actually talking to mr. schiller about the fact you're getting harassing phone calls from a 14-year-old, correct? cohen says part of it was the 14 year-old, but i know that keith was with mr. trump at the time and there was more than

potentially just this. that's what i recall based upon the documents, i reviewed, it goes on i mean, blend says five minutes ago, i asked you if you remembered harassing phone calls and you said no and then i refresh your recollection. it's totally fair or if you don't remember, but now your testimony is that you are testifying truthfully on tuesday to a one-minute and 36 second phone call and you had enough time in that one minute and 36 seconds to update mr. schiller about all the problems you are having with those harassing phone calls and also update president trump on the status of the stormy daniels situation. i'll stop here but it went on to say that it might have been just a few words to president trump, like moving forward, stormy daniels. is that okay? from set agreed might have been just that, but cohen says based upon the records that i was able to review in light of everything that was going on. i believe i also i believe i also spoke to mr. president trump and told him everything regarding the stormy daniels matter was being worked on. and it's going to be resolved. blanche says, we're not asking for your belief.

this jury doesn't want to hear what you think happened, then there's an objection which is sustained. >> you see michael cohen getting caught. they're good. can you go about this when michael cohen realizes that he's in trouble here with the first, the first page you read this one here. when he says michael cohen realizes he's caught. now he says part of it was the 14 year-old first time he's ever said that on cross-examination, he's never mentioned the 14-year-old. this has never been in testimony and it didn't even seem like and what todd blanche later revealed is he wasn't briefed on the 14-year-old. the prosecutor is to your point, they didn't catch it. here's part two of the retreat by michael cohen. and there was more than potentially just this potential i mean, why it's so dangerous for a prosecutor to try to rely on testimony from some but certainly from the federal governments perspective is not somebody they would ever have put on trial. this is dangerous stuff because stuff like this happens, mistakes are made and if they're made, your point, that's devastating. >> can i can i just ask myosin

to the contrary, notwithstanding what that's what devastating what i am curious about and i'm genuinely curious. >> i don't mean, isn't it also true that he had other conversations with trump about completing this transaction, including some the next day so even if you believe that he's completely wrong about this conversation is that devastating? >> i mean, by the way, you're saying he had other conversations according to him. well, the other phone calls, including phone calls that we're not with keith schiller that we're that were two donald trump's phone number. right. but but he's testifying about what the content of those phone calls. so you don't if you believe if you can about this one, there are entitled to believe that he's line about all the other ones, right? >> they're entitled to disbelieve his entire testimony. >> and that's and that's the instruction. there'll be given absolutely. right. but but my question is if he's mistaken about this, isn't it possible that he is genuinely mistaken about this? >> and there are other phone

calls. >> i mean, he was obviously involved often these negotiations is a is it believable that he had all these negotiations and didn't discuss them with trump. i mean, that seems clearly yeah. >> i'm feel like a broken record, but it's we know the payments were made. we know that they were hush money trump is not on trial for paying stormy daniel's he's he's just not and that the end of the day, they have to get to this point where the jury is like, okay, we believe that donald trump understood that these were going to be falsely recorded on his business records. that's the only thing really at this point that matters. if you also believe i think as i think most rational people du, that trump cared about the election that was a factor, but i just i think it's a credibility thing. 100% about michael cohen. do you believe michael cohen when he says he was in a room with allen weisselberg and they talked about x, y, and z. do you believe and what he said? he was on the phone those things might all be true, but it hinges on that one guy

because all the other people involved are not on, especially in a situation here where the prosecution made a mistake because what it looks like is that they were trying to sponsor a narrative with this witness employ wants the jury gets a hold of that. that's troubling. that's trouble for the prosecution. the room today, and clearly after the morning session in that moment and then they took a break, todd blanche says, now a good time for a break. >> and so they had that lunch break, but an hour or so for they came back in trump's domain rome was so different than it's been at any other point in this trial typically, even when they're cross-examining stormy daniel's or other people, he said he sits back in his chariot, is eyes closed for sustained periods of time. he's passing notes. his attorneys furiously today, he had his body language shifted towards the direction of the witness stand. he was looking at michael cohen sometimes you'd look back at todd blanche as he was asking him a question his body language was completely different today. he seemed much happier you've got some more transcripts. >> sure. >> i do, although i'm not fully

sure which ones here now i have only time. >> he was asked about his desire your work, and there was a lot of tests that when i do frankly, i didn't think really was that one. i do have exist. do you remember telling congress that it was a lie that you did not want to go to the white house. do you remember saying that to congress this was blanche spent a long time trying to get cohen to admit that he wanted to work in the white house. and this has been something that was taken up in congress if you years ago cohen says, i remember telling congress i did not want to work in the white house. blanche says well, do you remember saying what you testified to on tuesday is that you didn't want to go to the white house. cohen says yes. and then a little bit later, blanche says, do you recall on or around november 13, president trump pick mr. priebus to be the chief of staff, right? cohen says, yes, sir. blanche says you told your daughter we're disappointed. cohen says that i wasn't considered yes, sir. in the middle of all of that blanche also brought up all these people that cohen had apparently said he wanted to work in the white house to include expenses and mr. room at the time to be kind of a wash on this because michael

cohen just stuck to it saying essentially they're equivalent about semantics. and michael cohen was saying, i want it to be personal and turn it all along. i want it to be personal attorney to donald j. trump and they were quibbling of do you your daughter, said you want it to be special assistant and he said, no, that's semantics. anyway, what are never leave this would be a decent, nice little piece of peace across because hey, it goes to his motivation. >> you want to get this guy back your bitter and b, it's probably a lie. i know for a fact it's a lie because i wasn't room with two other people who we all know and believe 100% and respect who said he said to me he was ticked that he didn't go to the white house. i mean, he said it too. i think every journalist he was talking to at the time, so he absolutely lied about that. >> he talked about it in a more nuanced view when he was up. so the prosecution he said he didn't necessarily think he was qualified to be the chief of staff in the west wing. he wanted his name to be considered. he wanted and he he acknowledged. he said for ego nuanced is a nice way to put it. i call it like a mealy mouth weasel explanation by

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and feel better with liquid glass. grab liquid labs and walmart vitamin aisle today, i'm caitlin polantz at the federal court in washington, and this is cnn donald trump walking out of the courtroom today after its defense lawyer cornered his former fixer, michael cohen, on a phone call or the heart of this case and may have scored some major points with the jury. >> here's the feedback from the former president i think there's a very interesting day fascinating and it shows what scam herself thing joining us now is one of trump's former attorney's, william brennan. he represented a trump during his second impeachment trial. mr. brennan, appreciate you being with us. i'm wondering what the fact that the they went to it's gonna be a

three-day weekend now how beneficial is that for the defense that jurors have the next three days to think about what they just heard. todd, blanche, and michael cohen discuss anderson, thanks for having me. >> it's not only beneficial to leave them marinate and ruminate on what they just heard. it also gives mr. blanche and his team three long days to scour that transcript and really fine tune whatever is left of cross-examination. >> it gives prosecutors the ability to do the same thing for a redirect as well it does, but in that particular comparison, it's like tie goes or the runner kind of thing. >> it really is advantageous to the defense because you know, he's he's a defense witness at this point. >> caitlin, i know it has a lot more when it comes to something that happened at the end of court today, todd blanche would not say whether or not still if donald trump is going to testify when they were talking about other witnesses that they may bring it this conversation

that we were just talking out with michael cohen where he insisted that he spoke to donald trump about that stormy daniels payment on that night when they're saying it might have actually just been about a prank caller you know, why shouldn't donald trump testify and say that called never happened kaitlan, there's a very good and simple reason for that, because this isn't who should you believe this isn't you know, i want to hear two sides of a story free and pick the winner. >> this is a criminal prosecution where the burden is solely on the prosecution. it never, ever shifts judge merchan, who i have immense respect for. i spent eight weeks with him in a trump-related case and just to total, gentlemen to deal with but respectfully, he got it wrong in a sidebar, i read a transcript that said he told mr. blanche, well you open the door, one stormy daniels. bye in your opening saying that your client denied that there

was a relationship and he said something akin to the jury we'll have to decide who to believe really they don't. the prosecution has the burden of proof. it never, ever shifts the defendant in any case can just sit there and du the crossword puzzle if he or she chooses. and in this particular case, they may call no witnesses. i doubt very much of this defendant will testify there's talk that they may call on elections expert. there's talk that they may call mr. costello, but i would be very, very surprised kaitlan if this defendant testifies, so you don't think do you think that they should call any other witnesses or just be done after michael cohen well, i don't want to fall into the rabbit hole of armchair quarterback because i hear a lot of people critiquing especially before he really hit his stride, mr. blanche. >> and when you're in that position, so if being a quarterback of the super bowl, that people should really just as greyhound used to say, sit down to leave the driving, us i

don't know who they should call the case seems to really hinge a lot on coal with all due respect to lanny davis well, i've affection and respect for i heard his filibuster earlier about it's no big deal. come on. you. it's this is what it comes down to. hush money payments are not illegal nda's are not illegal. i think abby hit it right when she said it all depends on tying it to that extra crime yet to do that, ladies big on this document. but where's weisselberg trump and weisselberg and cohen. he only are from cohen who has an allergy to veracity. i think that the face is hello, good shape. you laid out a lot there and sorry, get tvc because it would take me over 90 seconds. but on the point of what you're no one is saying that nda's are illegal here. and i know todd blanche tried to frame them today is just commonplace among the wealthy and the famous that it's just pretty normal. no one is saying that, that donald trump is going to go to jail,

but because of a nondisclosure agreement, if falsifying business records is at the heart of this and one point that todd blanche had michael cohen make today was that he has never had a legal retainer while working for donald trump. so the question in turn is then why did donald trump cut michael cohen 11 checks and sign them? pursuant to an invoice that said it was because of illegal retainer i think norm eisen address this briefly, but in my home state, the commonwealth in pennsylvania, we have rules of professional conduct as they do in new york in fact, i sit on hearing panel for the disciplinary board and our rules say the following. >> when you have a new client, you must express in a either you call it an engagement letter or fee agreement, or a retainer agreement. the terms and scope of your representation. however, when it's a recurring client, you need not do so. so i think it's kind of a term of art that we lawyers him pursuant to a retainer that's the the product that's the whole point is if there's not a retainer,

then why did he pay him pursuant to a retainer caitlin, i mean, again it's tomato tomato to me, when somebody says, what's your retainer, i hear what you're phi i mean, there's no doubt that cohen worked for him for a long time, whether he was a fixer or a lawyer or a combination of both? >> just pay for those services. but they'll urine attorney have you worked for donald trump? >> have you ever gotten have you ever had a retainer of $100,000 and gotten it grossed up by hundreds of thousands of dollars feel like i should take the fifth on that, but i i've certainly gotten big retainers, but did you have a retainer that was $100,000 and then you got $360,000 from your client? it really is not as black and white as lanny or even the way your phrasing would have you believe there's lots of ways you can structure an agreement with a client. you can have cost outside or cost inside my law firm can outweigh the cost.

and then i can bill you for those costs in addition to whatever legal service presumably provide so that document all due respect to lanny. that's no smoking gun. and not only do i predict we certainly won't hear from weisselberg, the prosecution said, colin's are less witness. i'd asked judge merchan for a missing witness charge because if three people were involved in this alleged deal, trump weisselberg and cohen and cohen's the only one they're hearing from. and cohen's credibility was shred badly today. i think that there's a long way to go to get beyond a reasonable doubt difference even has a question for you, but quickly after today though, du is there any chance that there's an acquittal? maybe after today and your view has it changed how you see this now? >> is there any chance that there's an acquittal you mean not guilty or not a hung jury? i mean, trump's team seem to think going into this, there's no way they're getting an acquittal, but it's a great question, but i can tell you from john decades and decades of predicting what juries will do. you just never know. i

think there's a very strong likelihood of a hung jury, which would result in a mistrial. and then the prosecutors would have to decide if they want to bring this thing back a second time. there's always the possibility of a conviction or an acquittal, but all 12 would have to agree. it can't be like 758466 if one juror has a problem and can't get beyond a reasonable doubt. it will be declared a mistrial because of that hung jury i was just your we're having this discussion about retainers and what are the rules and pennsylvania or new york isn't the issue here? >> yes, it is true if this were a continuing legal representation, it wouldn't matter at our exactly how they they phrased it. but what's different here is that this is a reimbursement for $130,000. that's what this payment was. it wasn't any sort of retainer. so isn't that really much different than how you characterize a continuing legal

relations i'm sure jeffrey, it really is not because it's not there's no one definition for a retainer. we won't know what weisselberg's intent and thoughts were when he allegedly wrote that document goes prosecutors didn't call them, so we have to look at this document like it's like saying and script and the rosetta stone, we have to try to glean what it is. and then there's other things. there's ink in the milk, jeffrey, there's 50,000 for some polling place there are some bonus he was whining about i mean, i know lanny thinks that this thing is really going to bring it home, but i don't think so after what happened to cohen today, we shall see kelce, but william brennan, thanks so much always good to have you on. appreciate. thank you. anderson, coming up next, how soon could the jury actually get the case will ask the judge who's known this judge for years that viz to credit, we know nothing ruins a business owners de like an expense you didn't expect with funding,

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deliberations and the trump hush money trial could begin as soon as next week, judge merchan told the attorneys today to be prepared to make closing arguments on tuesday with jury instructions quickly to follow. he also indicated a court could possibly start early or run late some days to make up for lost time. hi with many dark days upcoming on the court's calendar for his part of the foreign president is attacking the speed at which the trial is moving after spending months attempting to delay the proceedings it's very sad then we story after story about how there's one that you they said never been charging, never have been brought and again ago was going to be brought. it should have been brought years ago they tried to rush to get it done before the election so that they can arm so they can hurt their political opponent. they're rushing all this rush there's no refuse charles take forever. but this one, they are rushing where here early in the morning or relief and the evening now the judge wants to extend the time periods. so that we can

get this thing done fast. before the election. >> jonny, his now is from new york, judge gel khan visor, who we should also mention. there's no judge merchan for more than 15 years built brynn. it was talking about i missing witness charge. can you explain what that is? >> sure. missing witness charge is where there is a witness that a party in this case, presumably the people should have called because they had relevant and material information that was non-cumulative that the witness would give favorable information and a witness's available importantly, the defense has to ask for that charge before the people rest. if they don't, it is on timely and they will not get the charge because you have to give the people a chance to say, okay, i'm going to call that witness, so they might be entitled to weisselberg charge based on that. but the truth is, you have 0s available. they know where he is. he's in rikers island. they know that he has non-cumulative information. you can talk about that meeting. but in terms of

favorability, which is we use the term control and favor ability interchangeably in new york law, i don't know that he would give favor favorable testimony, and i think that's what the people want certain favorable testimony. i mean, it would be it would potentially be favorable to donald trump, wouldn't it? >> right? it has to be favorable to the party calling that witness. so it's not favorable for the people they're not going to call him and the defendant wouldn't be entitled to that missing witness because with allen weisselberg i? mean he could plead the fifth or he could not tell the truth that's my exact question. >> is that if the prosecution knows that allen weisselberg would take the fifth is he actually a mixed missing witness because they know he wouldn't testify well, that's i think that's a very good question. and from my perspective, if i were the one there, i would be telling the people, if you want to avoid that missing witness charge. and of course, this may happen just before the people rest. >> bring them in here, bring him in here. >> let's put them on the stand

outside. the presence of the jury. and i asked him, what are you going to say? we're going to ask you this question, this question, this i'm taking the fifth amendment on the advice of counsel and that becomes an unavailable witness or i'm going to say defense count i wasn't in that meeting and donald trump is correct. and your witnesses are wrong, then he's not a favorable witness, and then nobody testimony, could he change his mind when he is actually called in front of a jury? >> he could i suppose i don't think that would happen, but he could he sure could. >> because allen weisselberg has gone to prison which is certainly i, mean it can be viewed as a favor to the but but but if he changes his testimony, then the defendant isn't going to get them as the defendant isn't going to get the benefit of the missing witness charges that and the prosecution had wanted to put into evidence the sort of separation agreement that he had that basically said he couldn't say anything negative about the trump organization, about trump's. so they didn't get that. so i think they were trying to make the case that allen weisselberg wouldn't

can't be trusted to testify truthfully about donald trump because he saw as financial ties to the trump organization. that's paying him and he would be the only on trustee witness the case i'm keith schiller though. >> is that severance agreement? he got paid 2 million. he could only cooperate with law enforcement if he was subpoenaed for allen weisselberg, keith schiller, trump's body man, who was the person on that call that night that caught michael cohen up? he is not in prison. he lives in florida. i believe when he left the white house, that's very when at least. and so that's the other question, you know, if your thought on the jury, i'm wondering where as allen weisselberg because i haven't heard that he's in prison where is keith schiller? because i haven't heard why he hasn't been but it's the same analysis. i don't think keith schiller is going to be in a position to offer favorable evidence to the people and therefore, they should have called that witness, but of course, the people have to make those noises in order to prevent the missing witness charged i don't think they've dumb question. why can the

defense the defense can call witnesses? why can't they call why well, they can but they have no burden right. >> so they don't have to they don't have to. >> if it turns out that you would decide against giving the missing witness charge because the testimony wouldn't be favorable, would you allow the defense to then stand up? and say to the jury argued to the jury in closing, folks, where's allen weisselberg? worst case, you would allow that? yes. >> can i request why the instruction i don't think really makes the end of the day that much instruction is permissive. >> it's right, it doesn't, it's such a week instruction in my experience, i'm not sure the jury pays as much attention to that as they do the closing argument where the defense stands up and says, hey, government has the burden of proof here and you heard was in that meeting, you never heard from this witness? >> what does that tell you about the about the people's case. we had a lot of talk about hung juries you you've been in the center street courthouse for you were and a very long time. can you estimate what percentage of criminal cases and in hung juries? >> very few. >> like five, 1%, i don't know.

i mean, i've had to estimate dozens and dozens of cases, maybe hundreds. >> i don't think i had a hung jury. >> okay. well, that's a datapoint. >> i mean, do you know in the case of a hung jury, some people say it's usually takes to jurors to actually hang a jury because what if it just won award system is that i don't know if that's true. i've told you before, i do talk to jurors are all my jurors after i always have a conversation with them, i get a little bit of insight in sometimes i hear, well, we weren't so sure and then jira two said this and i accepted it. so sometimes i don't get involved in their deliberations, but sometimes they just tell me something thank god, i just have one thing to that. i think there's one exception to the general rule and the judge's quite right. people have a a super belief and the fact that hung juries are actually a possible result and that they happen with some regularity. they don't i will say in high-profile cases particularly

ones with a lot of publicity, this obviously falls into those those are the places where you see them. yeah, the rare situation happens in high-profile case. that's at least that's been my experience. >> i maybe no good but i tried to cases that ended up in hungary they're both high-profile. one was very high-profile, had a low profile case that ended in a hunter. there you go there's the judge also. >> there's a lot of institutional pressure in a good way on the jury to reach unanimity. i mean, if they give an indication during their deliberation, if they send a note saying, judge, we're having a problem, the judge will then eventually deliver what we call an allen charge, meaning it is your job if humanly possible, to reach unanimity, you need to all keep open minds. you need to get back in there. well, i think that's serious yeah. >> works right. they follow the judge's instruction about that, and i think they really do try to make a concerted effort if at all possible, even if certain jurors are tending to go one way to listen to their fellow jurors and to try to resolve it. >> and arrive at a human

unanimous verdict, whatever that verdict i've been really struck by judge merchan and how sort of kind he is with the jury and thoughtful. he is about them. not only saying good morning and things like that, but today he was hoping to have court next wednesday but he said to the jury, i'd like to do court next wednesday but if even one of you on this panel has any conflict with that and it would be a hardship. just let our bailiffs know when during the next break and we won't do it at all. and they came back and said, the jury couldn't do it. >> a happy jury is a verdict rendering jury the court staff has been so the professional and so great with handling such a high case, they had to handle the trump's civil fraud case, but they really have been amazing. they have anything going the court officers are fabulous. >> it's incredible to have the privilege of going into that courtroom brian watching it all. >> it's it really changes once perspective thank you, everyone. great, great panels. the news continues more of senior in special coverage of

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