today. you could thank us later i'm elizabeth wagmeister in los angeles in this is cnn it's tuesday, may 21, right now on cnn this morning, an explosive admission from michael cohen and a fiery clash between a witness and the judge as the trump hush money trial reaches its final days plus whenever these warrants larder, no equivalence between israel and hamas president biden outraged by an international court's decision to seek an arrest warrant for benjamin netanyahu and rudy giuliani expected to appear today in an arizona courtroom to face arraignment on elections charges just before 6:00 a.m. here in washington i'm going to live look at new york city

where this trial gets underway in just a few hours morning disorder in the court. >> the prosecution's star witness sing a reimbursement far greater than the payment that he had made on the company's behalf. trump's son, eric, taking notice in real time with this tweet declaring, quote, this just got interesting cohen under redirect, explaining he stole the money because his annual bonus had been slashed. he described it as self-help then there were the fireworks. robert costello and former legal advisor to cohen, and now a trump defense witness was scolded. shall we say? by judge merchan for uttering comments under his breath and rolling his eyes during testimony. the judge clearing the courtroom and threatening to have costello removed, warning him when there's a

witness on the stand. if you don't like my ruling you don't say jeez, you don't give me sayyed, eye and you don't roll your eyes to be continued. >> this morning, our panels here from our federal prosecutor, elliot williams, republican strategist, former trump administration official shirt michael singleton, and former biden white house communications director kait betting field. good morning. all it was a fun day in court yesterday so the stealing thing, let's start there and then we'll go to the eye rolls because we are say those words then the last button not the foreign de yeah, i don't even repeat the words, right? yeah. we're past as the onto this is the porn. but anyway, it's it's it's very, early for all of that so the stealing thing, it is actually technically not new because this was something that michael cohen said under the direct, the initial direct examination, our colleague,

elie honig, though compared and was raising questions about how the prosecution handled this. >> he basically said, look, under under direct examination, what came out from michael cohen about stealing this money amounted to this watch i've yada yada i met this lawyer. >> we went out to dinner. i had the lobster bisk. we went back to my place, yada. yada. yada. i never heard from him again that basically it was yadda, yadda, yadda under the prosecution, but that this was stunning from the defense the way that they portrayed it, how impactful do you think it is at the end of the de with jury? >> certainly. the prosecution put it on the record, but it wasn't as explicit as it could have been. i wouldn't go as far as yada, yada, yada, but they didn't ask him the question. did you steal from donald trump? and have him sing from the mountain tops? yes. and here's $60,000 in my pants right now. so we did not that now that said it's never good when the jury is left with the

idea that they're hearing something for the first time. and it's something that's so critical of a witnesses are damaging to a witness's credibility. so it's not great for them. back to the point of when you can say yada, yada, yada about someone who has lying to his wife line to the irs lying to congress and a prior conviction for perjury on his record i don't know if the theft moves the needle much at all in terms of what now? in terms of the jury knows that this is a witness with credibility issues now, what has credibility issues? whose testimony is supported by other things in the record and perhaps and quite likely he's telling the truth here i don't think that one additional revelation really has will turn the jury around in terms of what they thought of michael cohen. >> yeah. >> i mean, i just wonder with this estab abolition pattern of not telling the truth if it makes the jury wonder if some are sort of leaning towards a conviction. do they really want to make that judgment based upon the testimony of michael

cohen? i mean, if if i were on the jerry out really question to me, maybe there are some documents to substantiate some of the claims but is it enough when we know this guy really just doesn't tell you the truth it would be worth $1. >> not there, but you have the checks, the ledgers, you have a write-up calculating this sum of money that he was ultimately going to receive in the handwriting of several people at the trump organization. that is supported by his testimony. now how the fact that he has credibility issues doesn't change the fact that the words that came out of his mouth under oath match exactly the tie that directly to trump belly that's not the issue. i mean, i think it's what the jury believes. i think prosecutors have made a case that something bad happened now, whether the jurors believed that it's no, i think it's an open factual question. >> yeah. i mean, look, in some ways, but also just sort of underscores for like the average voter who's kind of watching, not really, probably not following the ins and outs in the same way to sort of underscore all these people around trump were liars. they

weren't truthful, they were there was a lot of sort of underhanded behavior going on here. and so i think if you remove yourself from the watching the case from the perspective of an attorney or a juror, which obviously significant. but if you sort of think about how it's being absorbed into the political landscape. yeah, i think it probably for the average person is sort of like oh, yeah, i got all those people around trump were awful it's easy to forget as we giggle about the porn and the forbes magazine and what god done with it and all that business. >> how disgraceful this conduct is overall. now, we're getting hung up in a lot of the minutiae of whether you meet the state statute for misdemeanor versus felony, and how a jury instructions will look disregarding the paying off of a porn star by a former president the united states. and we've just sort of freight and this, this is where i think the character issue is sort of the kind of conventional wisdom is this is some subset of the conventional wisdom is this is helping trump. he's raising money, it's like underscoring

his argument that the system is out to get him. and so it's out to get you. >> but at the end of the day, there's a huge character element here that i think having just having this on display for trump 24/7 is not good for him in a political. but i do think there is a legitimate point to the argument that we have a justice system that isn't always impartial and actually looked at some of the data on how various groups in the country feel about the justice system, particularly groups of color. and you find a pattern, especially among hispanic men, african-american men like this system isn't always fair. the system is tainted. oftentimes one side to the other now, where they're not donald trump made the correlation between his experience are those groups act think he could do a better job there, but there is some concern there that's a very interesting point but before we do want to touch briefly on the iral situation and it kinda how it plays because this is the defense is only witness so far, possibly they're only witness at all. >> and he's kind of acting this way. i mean, some of what

he had to say judge merchan had to say costello says to the judge, can i say something, please? and the judge says, no, no. this is not a conversation, right? this is me in was what he says. there is no this is not a conversation. how much of a problem? is the way costello is acting with the jury so it's an important question to ask casey because it's not a problem for the trial. >> it's not like everything's going to rise and fall for bob costello testimony, this is really bad in front of the jury. jurors respect judges in a way that they often don't respect. prosecutors, defense attorneys everybody it seems to revere the person when they see the robe i sought with the judge that i clerked for where people walked into the courtroom and don't like when people it's almost like seeing someone speak to your mother in a way that this disrespectful and it's bad for the jury. they even though the jury was sent out of the room when he was yelling at them, the jury had to know exactly what i'm having because they saw what had preceded it. so it's just bad for the defense. it makes

them look sloppy and not why is that so interesting because i you know, when i have watched, this happen and if you think about it as a communication strategy, the trump, the trump team strategy is to try to make this seem like as much of a persecution or a forest as possible in the oven. >> i roll, right, right exactly worthy of an eye roll? you can see his behavior in the context of trying to communicate about how foolish they think the whole thing is. but it's so interesting your point that the jury would absorb it differently because they have a respect for the judge. you could see that you can see that communications strategy backfiring we begin with jury a little bit too. >> yes. exactly. the american people exactly. >> are we got a lot more to get to here coming up, rudy giuliani facing an arraignment hearing today in arizona. >> new details about how he was finally served with papers plus stunning video of a tornado tearing apart a small town that is one of the five things you have to see this morning plus a

video posted to donald trump's truth social page. >> it includes a phrase referencing a quote, unified, right? i'll show you this ahead can the riva support your brain health? no aid, janet, hey eddie know appraiser, franck. franck bred. how are you? >> fred fuel up to seven brain health indicators, including your memory, joined the neretva brain health, what a theory i'm exposure right? your brokerage account. >> get it with the symbol e, the grayscale ethereum trust the world's largest ethereum eth crypto investing, begins here this is the story of the one the one who believes being prepared is not just a way of life. >> it's how we helps everyone stay safe he sweats the small stuff, before it becomes big stuff. for the one being an unsung hero in a building full

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day millions say, i use this before in the stanley cup fairclough, life is on the line right now to now to distractions goodness that's a serious drop still feel hi, guy welcome back, donald trump's truth social account on monday shared a video about how, how they seem to thank the united states will change if trump is elected president again, there's, of course nothing abnormal. they're necessarily political candidates talking about their visions for the country all the time. they're running for office. that's the point. >> what is not normal is that this video referenced a quote, unquote unified reich. >> reich is a german word that

basically means empire, but it of course evokes the third reich used to refer to adolf hitler's nazi germany we're gonna show how are you that video. it's going to sound a little strange. we edited it to freeze and zoom in on the terms so that you can easily spot it. so you'll hear this video start. >> and then when the sound stops, she'll be able to see what we're talking about. >> watch this what happens after donald trump what's next for america so there you go. >> it's pushing in on. it says there you can see the phrase, quote, industrial strength significantly increased driven by the creation of a unified reich. the trump campaign spokesman karoline leavitt, telling cnn the video was not created by the campaign and was reposted by a staffer who didn't see the word keep adding fuel that's a way to put it they say that this was posted while trump was in court

yesterday. the biden campaign said this quote, donald trump is not playing games. he is telling america exactly what he intends to do. if he regains power, rule as a dictator over for a unified rake again, this is something that they reposted. the api says at least one of the headlines flashing appears to be text copied verbatim from a wikipedia entry on world war i quote, german industrial strength and production at significantly increased after 18, 71 driven by the creation of a unified reich but this language is, is quite specific. yeah, well, look, the problem here is this comes in the context of other things that donald trump has said along these lines. >> i mean, the, this is a video of the campaign, didn't create it, got retweeted or whatever donald trump's social team calls posting it that's. all well and good. but in the context of somebody like trump who has said that there were very fine people on both sides of a rally where people were carrying teaching tiki torches and chanting the jews will not

replace us. this word in that context is incredibly it's incredibly upsetting and it's very dangerous. and so i think it's less about this specific instance of using the word and more about this word in the context of these other things that donald trump has said from his own mouth, you can't argue here the campaign, you can't argue. oh, well, someone just accidentally reposted it when donald trump is out saying it himself. and so it underscores some of the most dangerous language that he's used. and that's why it's a problem. and the explanation that well, a kid on our campaign put it up and didn't read it and it's barrier. >> okay. that's perfectly plausible. >> then take it down exactly what you should note. it is still up as we're having this conversation at 6:16 a.m. in the morning they take it down. >> sure. >> they should just take it down. i mean, i believe that someone else posted it based on the timestamp the former president was likely in court just get rid of it i think like yesterday i did my third focus through casey. with jewish students. it was a series of three and many of them are not

very excited about joe biden. and i've given my advice to trump campaign like, hey, you guys have an opportunity here. to reach out to younger jewish students on a whole host of issues. this certainly doesn't help and some of their experiences about anti-semitism, anti-zionism is a real issue and some of these college campuses and so knowing that as being fermented across the country right now, i would just take this down. this is just not the message you want to send. >> well, and you also make the the point about the staffer shore, but like that's what like campaign accounts are for. they are four staffers. if you are speaking for the principle under their name, that is a distinction. >> it is, yes. exactly. but when you're called out, take it down. i mean, this unless you are unless you are wholeheartedly embracing it. and the fact that they're not taking it down tells you a lot about how they feel about it. they want to be able to put out a statement to the media and say, oh, well, it wasn't actually are wasn't intentional. well, if it wasn't intentional, take it down and it's very hard to believe that it wasn't intentional in the context of all of the terrible things that donald trump has said at a time when antisemitism is on the

rise in this country, it's dangerous, and i do take your point about you jewish opportunity, jewish students, and the opportunity there. but kait also noted that we see so much of this anti-semitism on the right that in a moment that is clearly a really tough and dangerous one of jewish kids it perhaps even underscores the photo. >> i agree. i agree. casey all right. >> with that coming up here the moment a hit and run driver slammed into another car, that was one of our five things you have to see this morning plus fighting for her family home. how elvis's granddaughter is trying to save graceland you this is a secret, war, secrets and spot hi premier sunday, june 2, attempt bomb cnn kinda riva support your brain health,

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been diagnosed with ms ophelie noma kalisa. now 22 minutes past the hour, five things you have to see this morning wow, extreme weather in oklahoma and a apparent tornado ripped this tree apart, flattened a mobile home at least two people were injured police in detroit looking for two suspects who threw a molotov cocktail at a home you can see it quickly lit up the place and one of the suspects had flames on their back as they ran away. >> aches police in milwaukee are looking for the driver of a stolen vehicle who took off seconds after the car slammed into a parked minivan, a tv crew was rolling when the crash happens, the cartilage there's passenger is now in custody. >> scary police in miami beach are hoping this new video showing robbers grabbing two million worth of hermes and

handbags leads to a second arrest one man was arrested back in march. his garbage can toting accomplice made a clean getaway guess this is why they don't leave your chins on the shelves? >> all right. next for crane and jaws were dropped as this stunning comments streaked across the sky over spain and portugal the other night, the european space agency says the fragments of a burning comment flew past at a speed of 28 miles per second yeah. pretty cool alright. >> coming up next here, president biden, slamming the international criminal court after prosecutors announced they were seeking arrest warrants for israeli officials plus it. >> was open ai's new chat bot voice sound familiar is a reason why check we hear

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in my bag, luck a bunch of groceries. are this cheese and greece just contemplate freedom. >> you can take your eyes off the new 2024 jeep wrangler in gladiator jeep, there's only one right now during jeep four by four season, gift, $2,000 bonus cash allowance. i'm 2024 jeep gladiator and wrangler models visit your local jeep dealer today. >> cnn central next happening now in iran, funeral ceremony is underway for president ebrahim raisi. >> he was killed over the weekend in a helicopter crash a procession and official prayers were held this morning in the northwestern city of tabriz. the bodies of the victims are set to be taken to turron for large ceremonies scheduled for tomorrow. defense secretary lloyd austin and sustain us had nothing to do with the deadly crash the united states had no part to play in that crash. and

so that's, that's a fact plane and something and israel, are you afraid they're going to blame israel i won't speculate as to what they would tell claim yes. again, they have to conduct an investigation to see what the cause of the crash was. it could be a number of things, mechanical failure, pilot error, or you name it the islamic republic is now facing an uncertain future after auc sudden death, but a quote, unquote election has been set for late june panels back we're joined by washington post columnist josh rogan, a joschka morning. always good to see you like by the us, of course. i mean, you heard lloyd austin they're saying directly he had no role in it. i was a little surprised had direct he was to be honest the chuck schumer was out there saying there's no intelligence assessments that this was anything other than whether but political quoted an anonymous us official in the last couple of days saying that there was fear that tehran might quickly alleged israel in

the us had sabotaged the transport even though there was no initial intelligence to suggest anything other than a crash in bad weather for a little while, it was not a crazy question to ask. is this how world war three begins? said one of the officials, a pretty remarkable and stark way to put it how do you view how iran is publicly messaging around this and what they're saying and how that the impacts the situation, right? >> i do think it's kind of a crazy question to ask. i mean, of course the iranians, as a matter of form will blame everybody in anybody, but there's no evidence to be clear that this is anything but a genki helicopter traveling through the fog made a wrong turn and hit the mountain. okay. so no matter what they say, because the iranian regime lies the bottom line is that people out there should understand the most likely cause pending any other evidence that we haven't seen yet is that this was an accident now, right we also know that the iranian regime doesn't actually want world war three. they backed down from the provocation with israel

with the help of us urging and also with some coordination with the israeli. so i don't think we're on the brink of a world war. i do think that it, it does show on the other hand that these dictatorships, these regimes that we think of as so stable, are not really that stable because they depend on these individuals in this case, the president who's a the butcher of tehran, who was involved in the murder of thousands of political prisoners who has been oppressing women in iran for all these years, who really was the product of a rigged election and just like that, no more president and nobody knows what's going to happen next. so it does tell us something about this regime is that it's actually very brittle there helicopters aren't that good. but it doesn't tell us that they want war. it actually tells us that they're actually weaker and actually more fragile than we really understand. >> yeah. >> all right. >> president biden, outraged by the international criminal court's decision to seek arrest warrants for top israeli officials and hamas leaders, including israeli prime minister benjamin netanyahu let

me be clear we reject the icc's application. arrest warrants against his will whenever these warrants may imply there is no equivalence between israel and hamas contract allegations against israel made by the international court of justice. what's happening is not genocide so that was pretty tough stuff from the president. for the icc in this case. however, the white house is working with the icc to document and investigate russian war crimes in ukraine. and joshua come back to you on this. i mean, this was a pretty strong condemnation from the president on this the administration also came out and said that icc officials were supposed to be on a plane going to israel to work out more on this. and instead, they didn't get on the plane. they did interviews and they came out with this in public. what does that say to you about all this? >> well, i mean, it's pretty obvious that the us president has to come out against the

icc's charges against him israel. what else is he going to say? i mean, us is not a party to the icc, israel's out a party to the icc, but the bottom line here is that this is a political problem for the israelis, i think because it just shows you that although i totally agree with president biden, that there's no equivalence between israel and hamas israel's facing a lot of international hold codon nation for the thing that actually they're actually accused of, which is not genocide, by the way, it's be intentional starvation of the palestinians. again, i'm not alleging that they're doing that, but that's what the icc is saying that they're saying that by not allowing the food into gaza that constitutes a war crime. and that's something that the united states has been pushing israel on, that, something that the international communities pushing israel on the complicates all of these other efforts to come to an agreement over how to end the fighting and he to get to the day after. so i think the president did the right thing politically. i think most americans will agree with what he said about there being no equivalence between israel, hamas at the same time,

the fact that you have the prime minister of israel facing charges in the international criminal court is not good for him and not good for israel. and so i think that's a problem that the israelis can complain about, but they can't ignore keep any field. >> this is obviously something that is squeezes the president politically as atrash eludes to him and he says, okay, did the right thing politically, but he's getting a lot of pressure on the left flank. on this. this is something that's been cheered by a lot of the progressive corners me, bernie sanders is out there saying this was the right thing to do. i certainly saw that what he said is that i expected that from him based on all of the statements that he's made publicly. but how do you read the reaction? yeah. i mean, look, he he wants to be especially clear that he is not walking away from israel. >> remember this comes after the last couple of weeks he announced that they were withholding the 2000 pound bombs contingent on what israel was doing in rafah, there was a lot of, i think confusion about what that meant. there was some coverage and discussion of that as he's walking away from arming israel, that wasn't their intention. i think maybe there could have been clear

communication and around that from the white house to be quite honest with you but remember this, this comes after that conversation. so i think the president is trying to be particularly explicit in showing that he is not walking away from israel, that he is allied with israel and of course this point about the icc equating hamas and israel you know is ludicrous and i think the president once to be clear about that, i would also say he and his team have been explicit from the outset that they don't believe what's happening in gaza is a genocide that's language that they've used. you've seen john kirby, jake sullivan. they've been very clear from the podium we don't view this as a genocide, so this was also the president reiterating that. and that's where the administration has been from the outset on this are just thought for you and i guess the question is, what? and in your reporting, if you come across the idea of a vacuum at the top of iran, now certainly there's the supreme allied leader therefore, it's not a vacuum, but you have a major figure gone. what does

that do to destabilise iran or even beyond that, the whole region? >> yeah. no. i mean, in my opinion, the more that the iranians are internally struggling, the better it is for us, the region because they'll have less time and attention to mess with all of these other countries so if they're having some sort of internal strife, i say good, but the bottom line is that until that ayatollah leaves then nothing really is going to change. now he's 85. he's not in good health. so maybe this is kind of a preview, okay? the president leaves. we have some sort of internal disruption. but when the ayatollah goes, that's when all bets are off. think anyone has a plan for that. and again, it just shows you that you may think that these dictatorships are really stable, but they're not. and eventually all dictators die. whether it's a plane crash or old age or whatever and that's why you have to understand that in this region, relying on all these dictators is really a penny wise pound force approach in my opinion yeah, just how did these two stories interact? right? i mean, because israel,

let's be clear two, it has plenty of its own internal strife going on. i mean, netanyahu had a significant defection over the weekend before these warrants came out. i'm actually curious how you think whether these warrants strengthened netanyahu at home in an in a creative way. >> but also this vacuum in iran. >> i mean that obviously an impacts their relationship, right i mean, the link is that the region is on fire everywhere israel is fighting a war in gaza against hezbollah. >> iran has proxies all over the region. they're attacking western interests. the houthis. so this is a very, very unstable and risky situation. and now that doesn't mean that iran wants world were three, but it means that the risk of miscalculation that could lead to an unintended war is at an all time high. and i think that's what a lot of people are inside our government are worried about now, as for how to the indictments effect netanyahu, i think you're absolutely right. i think they get they put israelis on the defensive and they make people around at the rally to his

defense. because what he's facing is an internal struggle. his war cabinet is breaking up people around him want him gone. they want him to specify an end to the war ends. this is he was almost at his last sort of option and now it seems like, well, now it makes sense that the government's going to rally around him temporarily. but it doesn't solve any of the long-term problems. so if you think the best way to end the war is to get rid of netanyahu. well, now he's got another reason to sort of say, look, everyone's against us. i'm going to stick around for awhile. but that only delays the problem. it doesn't solve it you see if i could just quickly i think that was a really powerful moment for president biden. i think there's been a lot of questions among jewish americans about where the president stands on this because of the politics and some of those younger progressive voters. and the see him be resolute and supporting israel and pretty much dismissing the icc charges, i think was very good moment for him, but i think that these points that agree with that, but i also think that these

points are josh is making about how everything is intertwined and how tenuous everything in the region is also really helpful in understanding why biden has communicated the way he has, why the administration has tried to walk a really nuanced and difficult line on this that's a lot of really tough political waters at home because ultimately they are trying to prevent the spiraling escalation of a conflict that nobody wants to see. and sometimes that means you can't say the thing that you maybe would want to say in the moment because you're looking at the larger goal. and so i think for people who are trying to understand why and where biden has then politically on this understanding those points is so critical to that. >> all right, very interesting. all josh, thank you very much. appreciate your time this morning come on up next here. >> fulton county da fani willis campaigning to keep her job and to keep prosecuting the former president. plus michael cohen makes us stunning admission stealing from the trump organization in a donald trump trial would just star witness be the one who ends up going

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testify in the felony gun case against him. he has pleaded not guilty to three crimes in that case. the special counsel claims the president's son was it's abusing drugs while he bought and briefly owned a revolver in 2018, then there's this elvis presley's granddaughter suing to stop this week's foreclosure sale of the late singers historic memphis home of graceland, riley kiyo has been granted a restraining order against any sale before a court rules on her application for an injunction and scarlett johansson, shocked and anger over the new voice of chatgpt. >> she says it sounds eerily like her own the actress declined an offer last year from openai ceo sam altman to be sky, the voice of the company's artificial intelligence tool johansson has hired a lawyer let's roll the

tape. you can decide first. one, let you hear johansson is voice from the movie, her, which is something that sam altman has referenced in talking about all of this followed by chatgpt is sky voice good morning, theodore. morning. you have a meeting and five minutes you want to try getting once upon a time in a world, not too different from ours. >> it's the same, it's like pretty darn similar like code you especially to the average listener, right? i mean, it's, it's there maybe it'll be very interesting to see how this case plays out because there's all sorts of technological ability to assess. but the point is for the average person you listen to that and you say, well, that's scarlet johanson, and she's doing basically saying, look, i said no to this, i want to do this. you are taking my voice. >> yeah. actually, yeah. it's also got a level of creepiness i just can't truly does even here in the creepy, it's really bad grievance okay. >> let's go to this now all

right. >> gip it you can't even zip it look all a's and ganim of the jury. exhibit a no, that was not the final hour of court from the trump hush money trial on mate, but it might as well have been depends, witness robert costello, a former legal advisor to michael cohen, essentially told does if it by judge more sean for rolling his eyes and muttering under his breath during questioning the judge clearing the courtroom and issuing this warning quote, i'm putting you on notice that your conduct is contemptuous. if you try to steer me down one more time, i will remove you from the stand. costello asking can i say something, please? >> judge? >> merchan responding no. >> no. >> this is not a conversation elliott like why caitlin paul insurance was now as well. >> hi, caitlin but i thought if you try to stare me down one

more time would end with i will become more powerful because quite literally, he is empowered to remove that witness from the courtroom. so it will not be an outline obi-wan moment if the judge wish to have one, but again, for maintaining order and just the norms of how courts work, witnesses, awda respect judges as was a horrible moment for the defense in court and the judge handle that as we can see, that moment, but the jury was clearly aware that he was sighing mutterings, jesus at one point rolled his eyes, was looking at the judge and then the jury was taken when he's really a direct hatchling teenager like, i guess it's the mom and me that's saying that i don't have teenagers. i was one once picture to remember we're here is this is the defense case. there are i mean, we are very we're flying toward the end of the trial here. there is about an hour or so left of cross examination of this witness, bob costello, the

lawyer that was advising legal michael cohen at one point but this is the bulk of the defense case, is trying to undercut michael cohen. so the jury, when they go back to deliberations, they're going to be having to think about what the closing arguments are, the summation that donald trump's legal team gives, but they also don't have a lot to work with. and it includes this moment when of disruption that was so odd. write it right at the end of court four or 5:00 p.m. where everybody had to leave the courtroom and the judge was clearly unhappy at that time it was aboard the defense does not have to present a case. >> it's really the government's burden. the defense more often than not just says no further or nothing. it doesn't put any witnesses so any witness of the defense puts up ought to be someone that really brings something to the case or undermines a significant point that the prosecution of brought up and what they did here was sort of waste everyone's time by putting up a witness that didn't really add to any of michael cohen's credibility.

what was didn't produced new information, didn't rebut anything major. and more than anything else serve to annoy the person in charge that everybody, including the jurors, have a great deal of respect for it has to or keep the proceedings besides is disruption does it add anything for the jury to consider in terms of the veracity of his statements about cohen not be in a believable care fair to do. >> oh, certainly. i mean, they can weigh the things that he said prior to their being kicked out. if they speak to cohen's credibility and it's useful, it's just when the witness, michael cohen's credibility was already attacked for three weeks, not just to michael cohen, witnesses beforehand, came up to talk about how untrustworthy michael cohen was what do you gain by adding a guy at the end who antagonizes the judge, slows the jury down by they had to stop the court to kick everybody out. so the judge could could scold these people. it just didn't. the net positive wasn't so grant it really sad. we were talking about this earlier in the hour, but it really to me, it seemed more like a media play than a legal play. i mean, it was now

designed to generate coverage of their for the teams frustration with the process and kind of underscore this, you know, this trump message around the trial that it's a persecution, it's a witch hunt, it's unfair yeah. caitlin, can you just remind us why it is that they wanted us to hear from robert costello, this lawyer. >> yeah, they wanted to hear from robert costello because they wanted to use him to say michael cohen was lying that michael cohen was saying something different to him when he was giving him legal advice at the time when michael cohen was facing a lot of legal fallout. >> there was a distance between him and trumpian that he had been repeating to costello that trump wasn't controlling him, are telling him to do anything with stormy daniels. >> so that was that was the point of testimony, but as elliott said, it didn't really add much to the points that the defense team has made throughout with this. >> now, that is not going to be the ultimate argument from

trump's team and actually, right after costello was was done with his testimony yesterday, there was a little bit more discussion in court on some legal arguments and we've got a preview of the defense's argument. it's not just that michael cohen is lying liar and that she revenge, right? anything you revenge against donald trump, it's also that they are going to be arguing that there isn't enough evidence to prove the intent that trump was hiding these business payments that there wasn't enough evidence that he wanted to have a campaign finance violation as part of this, that there wasn't enough intent there criminally for there to be a scheme the quote that i wrote down at the end from todd blanche, defense attorney, just sums it up what their case is gonna be. it's not just that michael cohen is incredible. it's how is keeping a false story from the voters criminal? what took this into something that was criminal intent and not just

political messaging. >> that's what we're going to start hearing. >> as we move towards the final days of this case and closing arguments now expected next tuesday, but can always change could always change. all right. >> we also have this today, rudy giuliani, mark meadows are set to be arranged in arizona. both are charged in arizona's 2020 election subversion case which includes nine counts that range from conspiracy to engaging in fraudulent schemes. the prosecution had a tough time tracking down giuliani but we actually noted on the day we reported that they were having trouble tracking them down, that his 80th birthday party was set for florida for that night. he was ultimately served notice of his indictment last last week, arizona attorney general, kris mayes shedding light on just how they did manage to find him we've found all centrally through his throws live streams it's not that hard to find and so we did that and our agents professionally served him after

his birthday party as the party was winding down and as he himself was leaving the house that he was in caitlyn wipe see some lost to begin with. >> i mean, i feel like we were literally on this set reporting that they couldn't find rudy giuliani. and i opened we get the new york post. i open beach six and it's like, oh, ready, giuliani is going to go into his own birthday party in florida you're going to excuse for the real nerd. >> i write process server like tail of chasing someone down. they happen sometimes people can't be served in certain places on private property and so there's all a whole there could be difficulties. what was that express right the movie i don't know, but i write it with the process servers yeah. >> i love of process a process it definitely is total stoner are serve as clear movie i'm

sorry, sorry. >> but no in a seriousness, look, this is not the i mean it's a reminder. >> sure. michael, i will say of the un were getting it in the trial. we're getting at here again in arizona. we were talking about rudy giuliani on the set this week, also, in terms of the man who was america's mayor yeah, has now canada once upon a time, right? >> i mean, it's, it's interesting to see the spiral of the former mayor i've had the opportunity to be around him many times during the 2016 campaign and it's unfortunate i think this some people would look at this and say, people who are not conservative that this this is what happens when you're in that orbit and lucky has the opportunity to defend himself as expected. >> but it's just a harsh reality of what happens when someone isn't very clear about

protecting what they have spent decades building all because of politics. and that's just really sad. >> i mean, kait, the other piece of this is that this is happening out in arizona. i mean, we are it is 2024. okay. this was a case about 20:20, and these people are about to vote again in a state that could be the linchpin yeah. yeah. and the issue is significant. we see time and again in the polling. we saw it in midterms in 2020 to this issue of protecting democracy is one that's motivating to voters. and so the combination of all these issues being at the forefront, again, in arizona plus the addition of rudy giuliani, who is a terrific foil, a tragic character in many ways, but a terrific political foil that's, that is probably good news for the biden campaign and for the democrats all right. >> i want to end on what is a sad note this morning, we did not get a chance to do this yesterday because we had a lot of breaking news that we had to get to, but i did not want to

let this pass by without making sure that we here at cnn this morning remembered our alice stewart, who and passed away over the weekend. she was a political advisor. i first met her at years and years ago when she was working on republican campaigns back in 2012, she was a political advisor, then she of course, was a cnn a political commentator here. and she and i had the chance to be colleagues. she was also we should note an emmy award winning journalist and of course, she then went on, i worked with her in 2016 when she worked for senator ted cruz as well, but she really did become more than just that to all of us here at cnn just because she was such a thoroughly decent human being and a really treasured friend. she disagreed on politics with plenty of people on our sets and in our hallways, but she still was someone who was adored by people who did disagree with her and who was unfailingly kind, considerate,

always asking about you, your children. and that unwavering kindness that she brought to the table was something i will so always remember about her and we will really, really miss her very much. i know i already she was part of the shows that i had a chance to do here at santa and i was always incredibly grateful for her presence. i mean, she was willing to come in when we anchored overnight here from 2am to 5:00 a.m. in the morning and she was here with her sort of unfailing good cheer and i know elliott and the table. she was i think someone who brought something to all of our lives. >> yeah. and it's remarkable how consistent the comments have been for people who knew alice across the political spectrum, it should surprise no one that a lot of the folks martin maria cardona, who she was paired with diametrically opposed to politically, that they had such warm between them. but i speak to the