didn't take that into consideration. and voters should remember that at the ballot box. >> governor, thank you for coming here to new york to be on set with us are real appreciate it. a great conversation. thank you, sarah. all right. >> oh, no. no, this is me. all right i'll have kate come over here. >> so i just wanted to make this note for you who have been hanging out with us every morning and we so appreciate you the national institutes of health estimates 2 million new cases of cancer will be diagnosed in the united states this year alone. >> what i have learned so far in my cancer journey is treating it is more a marathon than a sprint after five months of chemo, i have not yet com cancer-free. the next phase is a double mastectomy. a 2016 study found that ten years survival rate for a bilateral mastectomy is 90.3% i like those odds, so i'm going under the knife tomorrow and we'll be

out recovering for a few weeks. i leave you in the most capable hands. capable, and carrying you've got kate bolduan here, john berman, and if they act up, dm me we wanted no matter what, and we cannot wait for you to get back better than ever. thank you. i think you. >> thank you so much for being with us today. this is cnn new central, cnn special coverage of the trump trial starts now moments ago, donald trump, as you could see, they're leaving trump tower to the head here where we are outside of the courthouse in minutes, the likely final hold defense witness for donald trump will be under oath and on the witness stand yet again, we'll see if it goes better than it did the last time. >> robert costello provoked a dressing down hello, from the judge over his courtroom

behavior after just minutes on the stand yesterday, he has now been warned not to roll his eyes, say, jeez, after a ruling not, to stare down the judge, all helpful tips. i was in that room when all that happened yesterday is the judge admonished castello and warned the former president's attorneys that if he keeps it up everything is witness says may be stricken from the record. was the kind of de that made you wish there were cameras inside that courtroom testimony is quickly winding down and sayyed 100 centre street, here behind me, pushing the country closer and closer to a vertex that will go down mystery know less about or what it is. >> good morning to our viewers. i'm kaitlin collins in new york and i'm jake tapper in washington. you're watching cnn special live coverage of donald trump's hush money cover-up hello, on the 19th de of trial yesterday prosecution rested on the 20th. the defense may follow suit on the stand in moments. robert kraft stella stella is the lawyer who offered cohen advice when the former trump fixer was facing charges, he's now offering an account that directly

contradicts what cohen when told the jury, castellows says that cohen related to him, that donald trump knew nothing about the hush money cohen funneled to adult-film guard director stormy daniels, win cohen made those payments and you cannot ignore the possibility that costello delivers a repeat performance of his behavior yesterday, the kaitlan just referred to again fingers judge juan, were sean in a way that kinda harm the former president's defense when costello steps down, the defendants may close out its case and then from, closing arguments. and then the case of the people of the state of new york versus donald john trump well, then it goes to the jury and kaitlan, as you mentioned, you are from report yesterday watching all of the chaos breakout tell us more about that i mean, jake in a trial that has had a lot of insane moments. >> this one might take the cake so far, and typically it's been pretty normal inside that courtroom for all of donald trump's bluster and posturing outside of the courtroom. he is

normally quite quiet at the defense table watching all of this happen, but yesterday was a moment, really like no other and i've never seen the judge, justice juan merchan this furious as he was yesterday. it didn't take long after robert costello was on the stand though he would continue to answer questions even though the judge had sustained objections to those and he was not supposed to answer, then he would tell the attorney who is questioning him to strike it from the record. you could see how visibly irritated the judge was getting at robert costello as he was basically ignoring the judge, even refusing to look get him at the beginning. and it was in that moment when the judge sent the jury out of the room, notably, and then had this complete dressing down of castello telling him that he was not going to roll his eyes or tried to strike testimony from the record when that's something only the judge can do inside that courtroom or even motor audibly and where the jury could hear it when he didn't like how the judge had ruled, but then robert costello basically was staring down the judge and that was the moment where he tried to clear the

courtroom of the press, which obviously makes up most of the back of that room. jake, you know, you've been inside that room and it was remarkable because the press did not want to leave. they believed that they should be there to witness that moment, given there aren't even cameras inside the courtroom, it was pure chaos with court officials yelling at reporters to get out of the room to clear the room that they'd take our questions outside. an attorney for the press protesting that they wanted to stay and then of course, we saw in the transcript last night what happened in that moment where the judge said that he would strike all of robert costello's testimony from the record if he continued to act the way he did, of course, we'll find out pretty soon because he will be back on the stand. cnn's paula reid and john berman are here with me outside of the courthouse and paula it was a fight inside the trump team over whether to bring robert costello. and when i was watching that yesterday, i was thinking this is exactly why some members of the trump team did want to put them on the stand? >> yeah, some members of that team having a big i told you so moment this morning, the concern was how he was going to perform on the stand now, his

purpose for being there was to further undercut michael cohen's credibility. most importantly, to testify that michael cohen repeatedly told costello that he had no evidence of criminal wrongdoing by trump, and that was what he really was supposed to offer the defense, but instead, that kind of got lost in this spectacle. but to put it in the full context of the case does not the defendant. this is not michael cohen. this is a b list witness who instead of helping of the defense and a marginal way instead just created the most dramatic moment we've seen. so far. this is not going to make or break the case, but it does appear to be a forest error for the defense. >> they could have ended on michael cohen acknowledging that he stole from the trump organization, but instead, we believe that robert costello's going to be the last witness. and instead of really contradicting michael cohen, he was kinda contradicting the himself at times during his testimony. >> well, look, you remember that michael cohen indirect was asked about robert costello and the reasons that he did not perhaps tell him everything that later came to light. and one of the reasons michael

cohen basically gave is he didn't trust the guy. and now robert costello on the stand the jury saw some of it, not necessarily all of it, but gave them a reason, maybe not to trust him. oh, i can understand why michael cohen may not want to confide in this man who's giving side. to the judge. >> i mean, sides of the judge elie, i mean, there really weren't even words for it. maybe some four letter words to really describe just how chaotic it was inside that room la. but robert costello is about to get back on the stand. paula's write that he is kinda the sideshow, but he's not going to make or break the case here necessarily. but can you just put everything in context for us? of what we are expecting today? yeah. caitlin, the prosecution has rested and today we are going to hear from probably the last witness in this trial. >> that is the aforementioned bob costello. now, robert costello is a lawyer. he's called to the stand by donald trump as a defense witness, and he gave advice to michael cohen at a crucial moment in 2018 just after michael cohen's

home and office had been searched by the fbi, and it appears the defense perspective here is that bob costello undermines michael cohen's testimony, contradicts among key points. for example, yesterday, costello testified that michael cohen said numerous times that president trump knew nothing about these payments to stormy daniels then he did this on his own. now, the cross-examination of costello started yesterday. it will resume in a little bit in court resumes, and it seems that the defense is pushing at the point that costello was actually trying to manipulate michael cohen to keep him from cooperating against donald trump. and they've called into question costello's credibility. of course, costello created the chaotic scene that you talked about. we'll see if that continues today. now, let's take a moment and step back and just take a look at where we are in the trial process. this is the defense case. costello's probably going to be the last witness. their theoretically, after that, the prosecution can put on a very brief what we call a rebuttal case. it does not appear the problem that's the is going to do that, then

we're going to take a week off. the jury is at least the judge is going to have them come back the day after memorial day, whereupon they will here closing arguments, they will be given their legal instructions and then they will begin to deliberate. the judge had a tough call. he wanted to keep closing jury instructions and deliberation sort of back to back to back. that's used usually the way it happens. now, later today after they're done with the witness, the judge is going to start talking to the lawyers about jury instructions. this is really important part of the process. this is where the judge gives the jury their instructions on the law, and i just want to hit some highlights here as to what the judge is going to tell them. he's going to start as must with the indictment itself. and let's just remind ourselves the charges here are falsifying business records in the first degree. there are 34 counts of that, one for each check ledger, an invoice, and the judge is going to give the jury what we call the elements, the pieces that make up the crime. there's really two elements here. the first one is the prosecutors have to prove that donald trump knowingly

made or cause a false entry in the business records. now to understand that, we have to remember the way the money flowed. michael cohen first paid $130,000 to stormy daniels and later was reimbursed $420,000 by donald trump and the trump organization and the allegation is they falsified those records to try to make them look like legal fees. when in fact, these were hush money payments to stormy daniels prosecutors are going to point to the documents largely they're going to point to the checks, some of which were signed by donald trump. they're going to point to the invoices which say the word retainer, and they're going to argue that right there is the falsification the second and final element of this crime is that it has to have been done with the intent to commit or conceal some other crime. now, to this moment, the prosecutors have never specifically committed what that other crime is. they've mentioned federal campaign finance state campaign finance, tax fraud, although that really hasn't been developed. so i expect that what we're going here from prosecutors today is our theory is this was a campaign finance

crime. it was actually a payoff meant to affect the election. they tried to hide it by making it look like an attorney's fees. so when this resumes, jake, we got some really important business ahead of us today. bob costello, we'll finish his testimony and then later on we're going to get into the all-important jury instruction, jake, so bigdye ahead and korde. big day. elie honig. thank you so much. my panels here along with criminal defense attorney bill brennan, he represented donald trump's payroll corporation and the tax fraud trial. and trump himself in his second impeachment trial. jamie, we're about to see the last few hours of testimony in this case are allowed if not going to see it, we're going to get little tidbits of it and sketch sketch artists will make their renderings as well. the defense is expected to rest this morning talk about the moment we're in because obviously whatever happens whatever the verdict is, this is a moment in history. >> well, first of all, let's see if robert costello gets through the rest of his testimony today that seemed to me to be a performance for an audience of one donald, donald

trump and judge merchan. they'll knows is a very even tempered soft-spoken, even when he's angry. the fact that he warned him not once, but twice and said, you'll get removed. it was quite a moment. i think what elie just said, big picture is actually the most important thing we won't get to till next week. but the focus of those jury instructions, we've heard a lot of times testimony the jury is going to weigh all of that. hope hicks. some people we've forgotten david pecker, how that all comes together when the judge gives those very precise durians? >> yeah. no. fascinating. and let's talk about exactly that, that confrontation between the witness, robert costello, the defense witness, and the judge, juan merchan, because we got the full transcript, as happens, it's not like we don't ever get it. we just don't get it in real time

castello have been launched and loudly expressing disdain for judge merchan sustaining many of the prosecution's objections in his testimony one and then this happened. marsha and mr. costello i would like i want to i would like to discuss proper decorum in my courtroom, costello, but i'm sorry. go ahead. merchan. i want to discuss proper decorum in my castello, right merchan. okay, so when there's a witness on the stand, if you don't like my ruling, you don't say jeez. >> okay. >> and then you don't say strike it because i'm the only one that can strike testimony in the courtroom. >> du you understand that costello? i understand roshan. okay. and then if you don't like my ruling, you don't give me sinai and you don't roll your eyes. do you understand that? do you understand that costello? i we're standing that i understand what you're saying. we're sean. okay. thank you. let's get the jury back. are you staring me down right now? castello know i'm just wondering how russia unclear the courtroom, please clear the courtroom dana bash dramatic i was holding back also i am classically trained

eye, but what do you make of all that? >> jamie said that she thinks it was for an audience of one that is a phrase that we have used now for the last, i don't know, seven, almost eight years. of course, talking about the politics of working with and working for and trying to persuade and reach donald trump. and we have been talking since the beginning of this trial about the fact that, you can't separate the politics outside from what's going on inside and robert costello is somebody who has worked hand in glove with rudy giuliani. he is somebody who intimately knows both the law and knew better. he knew exactly what he shouldn't be doing even though he did the opposite on that stand and knows the politics and the inner workings and the dynamics of trump world. >> and he was clearly trying to show donald trump that he's,

he's on his sayyed. >> and then he gets it and he understands the frustration that trump has expressed for the judge and he decided i'm going to do it in a way that you can that's one theory. >> it's a good theory. >> i also wonder and i love to just go down the row here and get your guys take on this. >> i also wonder how many what do you think that he was there about costello, either on his own or perhaps somebody had suggested who knows, to go in there and conveyed to the jury this judge is not fair. this is not a fair judge. and i'm here too. illustrate that in a way that the lawyers can't and that the defendant can't. >> well, that is odd to have done so given the very fact, remember, todd blanche council really unusual unusual to do so blanche made the comment to the judge as to why he said, your honor, we don't want you it's held his jury that you have found donald trump to be in violation of your gag order this jury is with you day-in and day-out weeks at a time.

they now respect you a great deal to have you say that he has violated your order. would it be so prejudicial to our client. the judge actually agreed. so now to have a witness come in whose job it was to say to the judge and the fifth juror is they respect this judge now that they're going to respect him in the core metric, he has gone through and sat through so many witnesses, i think is a miscalculation for a number of reasons, but primarily because look, juries, they respect and like judges, they may not like the prosecutor. they may like the defendant or the defense counsel, or mask, but the judge, their whole role is to make sure that they have that decorum set and so it's really barking up the wrong tree. >> so elie, before i come to you, i want to show you the reviews for bob costello. is behavior in at least one place. we're very, very positive. and by that i'm referring to the defendant so what happened to a highly respected lawyer bob costello i've never seen anything like that elie i think

it was a huge misstep thus far to call bob costello by the defense. couple of reasons. first of all, bob costello knows better than that. not only is he a lawyer, i'm proud are not prep, but he was at the southern district of new york many years, but kind of the criminal division, right? yeah. he knows what he's doing. i mean, you live in court, you know how outrageous that is? i think paula hit it on the head when she said this is a b level witness. i don't think he's scoring any substantial points that weren't already there. if you wanted to show michael cohen has contradicted himself. that was already in the record. and really to crystallize it, the choice that prosecutors had as we head into what's going to be a one-week off for the jury is do you send them into that week? last having heard michael cohen say, oh yeah, i stole $60,000 from the trump org or do you send them into the week off? having here her this chaotic mess from costello now important to note, the jury was not in the room for the worst of what happened yesterday, but they could they were definitely when the judge started shutting him down, i think it's backfiring so far. >> well, what do you think? >> i agree with laura and elie?

it was a huge huge step backwards for the defense there's a rule of evidence 403, and it's a test and the test is the probative value does it outweigh the prejudicial effect? and it certainly didn't here for what little this witness added over to go in there and take one, judge merchan, as laura said, jurors in general like and respect judges. judge merchan is steven spielberg's central casting version of a judge. they adore them this man. it was, it was foolish and like jim croce said, jake, you don't tug on superman's cape judge. >> you don't spit into the wind think that because you are the only one here who has actually been in trump world and bin kind of a part of that dynamic when people are trying to please the defendant do you think that part of what he did was i know he's not obviously his lawyer right now, but he's

obviously been very involved with trump confidence. you think that was part attorney general, bob costello, like my tone when in trump world thing, i represented yeah, the former president at the that's awesome. >> that's right. thank you for clarifying. >> i i think it could be that could be the issue. i mean, you just the lawyers have to run the show. the client don't care if the client is the former president stays. the lawyers have the client can talk about pleading guilty to plead not guilty testifying or not this vine and maybe some input on waiver trial versus jury trial. that's it. i mean, this was a disaster yesterday because we're talking about this guy. he's like that guy that comes to a wedding and store. it's a flight talking about the wedding group ball that started the plight. be talking about $60,000 theft from the client. well, we've talked about this many times. have you didn't want me to your writing you might feel you've have been an open bar before we go back just take a quick break. >> here is who is speaking of in ingratiating yourself with donald trump. here's who the

trump campaign said will be attending court today. we'll have donald trump, junior, former acting attorney general, matt whitaker, former florida attorney general, pam bondi senator eric schmitt from the great state of missouri, congressman daniel webster, congressman dan moser. i'm sorry if i'm mispronouncing congressman ronny jackson, the former white house physician, congressmen troy nehls, congressman del strong, congresswoman maria salazar, former white house aide sebastian gorka, chuck ss ido, former saturday or lives star, and jonny dangerously co-star, joe pisco, bill white what do you to make of it all? >> well, it central casting of a different kind. >> but luck, i mean, these are now there are so many people who want to come into the trial to watch this that the campaign is regulating them. and there just aren't enough seats in the courtroom. but look, this is all to give the former president, the defendant in this case some measure of comfort that the people literally have his back. interestingly, yesterday, as caitlin was reporting his supporters were allowed to stay

in the courtroom as the press and others were clear, that was certainly odd to say the least. >> but i think the bigger point is of all this up because tell it has been on fox news a lot. >> he was testing defined before the house last week. so donald trump won, did that bob costs you to show up and he didn't show up. but the big question is, will it sort of take away everything that michael cohen said yesterday. but look, we still don't know how the jury processes any of this, so we can talk about it a lot, but they may not have seen it as all that unusual because it's only said they weren't in their for most nor on the stand right now witness bob costello and emile beauvais, the trump attorney, is going to be doing a directed minutes. this is going to happen. are we going to see another episode of law and disorder will costello keep his eye rolls and mutterings of gs in check? much more senior in special live coverage, we're going to squeeze in a quick break, stay with us we'll have

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money trial gavel to gavel coverage. >> the weight only cnn can bring it to you. legal insight, expert analysis, and real-time updates live from the courtroom follow the facts, follow the testimony follows cnn welcome back to cnn's special live coverage of donald trump's hush money trial moments ago on his way into the courtroom, we heard from the former president's speaking as he typically does on a daily basis to reporters. >> here for some of what he said will be resting pretty quickly, restaurant menu, resting the case. and what we resonate. i don't i'd like to receive them that's what but we are man for now we won the case. my understanding, any other judge, you would have

thrown this case that the foreign president predicting that they will be resting their case as well today after we saw the prosecution rest yesterday, you could see a coterie of aids and allies behind him. >> donald trump has been bringing entourage with them almost every single day to court. often, they are sitting shoulder to shoulder in the first two rows behind the defense table. there's yesterday there was even a moment where they'd took kind of wrangle to put some of them in a certain row, some of them had to go sit in the back because there were so many of the former president's allies inside that courtroom. any minute now though we do expect robert costello to be back on the witness stand after a drama pack day yesterday, and paula reid with robert costello, we talked about how there was a lot of apprehension up putting him on the stand. what that was going to look like, what they're going to get it won't be trump's attorneys questioning him that when he gets back on the stand, it's the prosecution and yesterday, right before the prosecutor, susan often juror said she had about 45 minutes left. we've ever casella and there wasn't really notable moment where in addition to everything else

that happened yesterday he leaned forward and asked her to speak into the microphone when she was asking him questions and she didn't say anything. she just started continue their questioning, but i saw two jurors exchange looks and you don't often see anything from this jury. they give nothing away, but they exchanged this knowing look after he did that. >> what else do you do? >> that is absolutely bizarre. >> they're undercurrents of sexism. there, obstructing a prosecutor on how to do her job. it's clear that this was not a helpful witness for the defense, so it'll be interesting to see this prosecutors had overnight to see what else they think they might be able to mind from costello, that would be helpful, right? let's hone in on this idea that michael cohen didn't trust him. does this witness, in some ways now really help validate some of michael cohen's judgment. this is an opportunity for prosecutors, rob casella won't make or break the case but given what jurors have perceived so far with rob costello, there's an opportunity for prosecutors to dig a little bit deeper with

rob costello. >> well, and we've seen how the prosecution and the defense and other cases have used breaks in time, whether it's overnight or over a succession of days, john, to find new material. i mean, one of the biggest fights they had yesterday, it was over for shattered by all of this was they found a photo of donald trump video of donald trump and keith schiller together onstage and tampa, florida, october 24, 2016. >> that was the night of that much disputed phone call that michael cohen testified he had with donald trump when he called keith schiller and you put them on the phone? >> is this huge fight over even just getting a screen grab of that video into this. you can see there, there's keith schiller, he's the one and the white tie, the white shirt with a red tie there and it was remarkable though, because prosecutors said they found this video over the weekend. they didn't previously have it after the defense was disputed. not that they were together, but that michael cohen was telling the truth about that? >> yeah, that's a potentially big deal. >> this video right there because it took place right before the phone call that is now in dispute. so now the jury has video evidence that schiller and trump were

together and certainly could've shared a phone call, even it was only 90 seconds long. as you bring up a great point here in robert costello well, it was only testifying again today because of what happened yesterday because it took so long costal easily could have finished yesterday if the judge hadn't needed to clear the courtroom at any point or they hadn't had the fight over this photograph before, and the prosecution wouldn't have the chance to go home and do homework and get ready for today. i expect there'll be brief because this prosecution january generally has or hit a few points they want to be clear and then move on. one last point. i just want to make based on what we just saw from donald trump is he is entering the courtroom. >> i'm struck by how reactive he's been this whole whole trial and he caught himself in that very statement. we're going to rest. i mean, i'm not going to rest. i never rest. this is a guy clearly stung by all the reporting that maybe he's fallen asleep from time to time in the courtroom, doesn't want to give the impression that he's resting today. we see don trump junior show up at court for the first

time when people noted on tv that his family wasn't coming the very next day. eric are or eric, i hope you didn't have anything on a schedule for the last few weeks. is eric sum every day, don junior only had to come today to courthouse now, but he seemed to react to every little thing that's happening in the atmosphere. >> i do want to say though, you the courtroom, he has somewhat to surprised a lot of reporters remained remain professional and remain calm except the defendant, except for one instance where he did have an outburst during stormy daniels time on the witness stand. he was admonished by the judge, but far more so than in his civil cases where he was constantly having outbursts. he has held it together and lisa in the courtroom and then goes outside the microphone. i delicious. >> yeah. and the judge is really you tried when you're watching it, he's bending over backwards to be fair to donald trump, i should note the judge is back on the bench. robert casella is back on the witness stand, is entered the courtroom. he is walking there without looking at the defense table. it's not a typical the defense tables on your left, you'd really have to look over to check it out. the judge

said, good morning, district casella. welcome back. i remind you that you're still under oath. that is a new day. we are going to see where the prosecution starts with their cross-examination a robert costello, we also have joining us here this morning, criminal defense attorney david marcus, who was approached to defend donald trump and his classified documents case, as we reported at the time. and david just looking at what happened yesterday, i wonder what you make of the entire costello saga. and as a defense attorney, what you would have told your client if they were trying to put bob costello on the witness stand yeah. good morning, kaylen. what a devastating day for the defense, right. it should have been a positive day for the defense ending with this terrible witness, michael cohen. and now it was just an awful day for the defense. i look at crossing examination like a boxing match, right. the jury doesn't know the two boxers. they have to figure out which one they're going to root for. >> and when a witness tells a prosecutor or something like speak into the mic, all the jurors and you saw two of them are going to side with the examiner with the prosecution.

>> they're not sayyed with the witness, so it's just terrible the way it went down in the weird thing is castello knows better, right? he's a lawyer, he's been in that courtroom and that courthouse. he knows better. so just an awful, awful day. and the defense took a big risk here and struck out very badly. >> and i should note, we are told costello just had a conversation with the judge, but it was not audible. it was off microphone, so that means we couldn't hear it. it's not clear that was an apology or what that looks like. we'll see what our reporters who were the room if they could hear anything and discern anything, it will likely to potentially be the court transcript. if we see what that looks like today because there's court reporters are seated right in front of the judge's bench and the witness stand, but it wasn't more cool because, you never for the judge has never lost it or gotten that furious inside the courtroom. he often is trying to be very diplomatic. you'll even when he scolded trump for being the audible during stormy daniels

testimony, he did so to the attorneys out of earshot of the jury and said that he was trying to be fair to the client with robert costello, though. i mean, it happened he had sent the jury out of the room, but we were all there to witness just his pure frustrated ration with how this witness was handling his time on the stand right. >> i mean, as a judge, you never want the story to be about you, right? just like a referee doesn't want the game decided by the ref. they want it by the players and unfortunately, the story has become about costello and and the judge. the judge he has run a very smooth trial and courtroom, but from the defense point of view, he let lots of stuff in with stormy daniels that the defense complained about. any really limited the defense limited the expert witness limited castello to what he could talk to. so i can see why the defense has frustrated, you, can't show that to the judge or the jury though, or it's gonna it's gonna be really bad, but i get why they're frustrated. they've been limited in what they can do. and really the prosecution

has been given a lot of rope here to call who they want and bring out testimony that they want well, let me but on that point okay. one yesterday, trump was claiming that they would not let their federal election expert testified that's not true. i was inside the courtroom as they were talking about this. i've been there twice now, i think where they've been talking about this one expert that it now appears they're not planning to call, but essentially the judge was saying that the testimony you could be limited in scope because then the prosecution is going to feel the need to call their election expert witness, and it would be this battle of the experts where the jury was just kind of not lead who could be who is the right expert? who could they believe, and that it would be confusing and then with robert costello, the judge was concerned it would become a trial within a trial that michael cohen is not the defendant hearing sure. drawing questions on his credibility was fine, but he said he didn't want to get into a huge switch back-and-forth on michael cohen because he's a witness, he's not the defendant i hear you, caitlin,

but listen, we have battles of the experts in trials all the time. >> we let lawyers fight about credibility all the time. we had a trial within a trial when stormy daniels testified about what happened in that room, that judge expressed frustration after the fact, but the defense raised that issue before she testified. so this is the kind of thing where the defense is understandably upset. listen the judges. the public, the media typically are always against it the defense, the defense just can't show it. they have to stand strong, just like the prosecutor stood strong yesterday when witness told her to speak into the mic, you cannot let it affect you in court. you cannot show any problems and they're showing and the jury sees that and you saw them look at each other. that is really, really bad. and any anybody is going to tell you that although you don't know what a jury is going to do when you see things like that, you cannot feel good as a defense lawyer, you're not

feeling good about the jury right now? well, the jury i mean, they've never never been ushered in and out of the courtroom as many times as they were yesterday afternoon, there were several moments where when they were arguing about the cspan witness, when they were arguing about the scheduling and then of course, the robert costello moment, the jury was in and out and what typically is a two and a two-and-a-half-h our period in the afternoon. so even if they missed the robert casella moment where where we were cleared out of the room and the press had to leave or the judge really scolded him. did they pick up on something is going on there is i mean, you could kinda cut the tension in the room with a knife. does the jury notice that kind of stuff? >> the jury knows these are smart new yorkers. they know what's going on and they pick up on all the little cues, not just from the lawyers, but from the judges. well, and so the judge has to has to really make sure that he's not sending those negative defense vibes to the jury because does that

really undercuts the defense? i will say one thing for the defense, a lot. they've been getting a lot of criticism, of course, for for calling castello. you have to take risks as a defense lawyer in a trial like this, or you're going to lose now, this risk didn't pan out. but if you don't take risks as a defense lawyer in court, you will lose 100 out of 100 the time. so they must have believed they were losing at the point that they called castello because otherwise you wouldn't call him, right? if you believed you were winning the case, you rest at that point, but they must have believed or were thought there was a chance they would lose the trial. and so why not take a chance and cauce stella? >> right now, the jury is seeing an email from michael cohen to robert casella and his partner saying, gentlemen, please sees contacting me as you do not, and have never represented me in this or any other matter. i expect they'll see a lot more emails. there were certainly some negative vibes her yesterday, as you said, david, mark is great to have you thanks for joining us thanks, katelyn the jury is

back inside the courtroom listening and seeing these emails hello, from bob costello back on the witness stand just to the right by a few feet. this testimony is underway and sayyed 100 centre street, we are watching it all closely is a cnn's special live coverage. >> russia i'm trying to spy on us. we were spying on them. >> i was heading frank this is a war, but secret war. >> secrets and spies, a nuclear premier sunday, june 2 at ten bonds. >> we can calculate our total taxes sales tax, real estate credits. >> solar incentives. >> we have no way to integrate all that no, but vd0 does. >> people who know no bd you and the furniture business, things move fast, ziprecruiter helps us hire qualified candidate who keep up. >> we needed a project manager.

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and they're all coming? those who are still with us, yes. grandpa! what's this? your wings. light 'em up! gentlemen, it's a beautiful... ...day to fly. it today. goh chew pretty litter.com check. we hear nothing. >> a spatial accident excuse not one thing. it's a series of events is that part of the wing coming apart space shuttle columbia, the final flight now streaming on max right now the cross-examination of bob costello is continuing inside

core with the prosecutor shooters showing emails between mr. costello and michael cohen. welcome back to cnn special live coverage i'm jake tapper. and just to get everybody up to speed he two onto what's exactly going on. the prosecuting attorney attorney susan hoffinger is trying to destroy the credibility of bob costello, who had been in turn trying to destroy the credibility of michael cohen she's showing right now costello an email she's that he sent to a different attorney associated with michael cohen, mr. sit turns cetera on april 19, 2018, all the more reason for cohen to hire me because of my connection to giuliani, which i mentioned to him in our meeting. that was your email, correct. orphans, your asks? correct. costello says hoffinger asks costello if he was pushing cohen to retain him because he could provide a back-channel to trump coaston, meaning costello? costello, again, denied that was your email to michael cohen. she asks yes, castello says the email speaks for itself rights or happens your says no, not quite. there are circumstances about that email which i would be delighted to tell you.

costello says half of gera towards that's all right. let's move on this is about the original email from april 19, 2018 were cuts dell tells cohen, i'm sure you saw the news that rudy is joining the trump legal team. >> i told you my relationship with rudy, which could be very, very useful for you. so here lara coats hoffinger is trying to portray bob costello is somebody who himself has sour grapes because cohen didn't hire him absolutely. and this is in many ways her attempt to try to buttress the credibility of michael cohen, the shear and the sole focus of robert costello is to say michael cohen's a liar. the ideas of dangling a pardon all these different things he wanted to be a part of this team and beyond he's under she's undermining to this and not allowing him frankly, on this very tight leash to try to talk his way out of what the document say. >> now, the idea that color we had the courtroom before about him tigris, speak up to talk louder, not going over maybe well, for the juror, his behavior yesterday, these

things all have led now, we've seen that a juror for two or smiling when she says no, we'll move on. >> he is now not able to explain away what the document say that that's where you want your witness to be. if you are trying to undermine them. right. >> although of course, it the defense could come back in and clear that up when they want to. >> we should note the time foreman point in south that twice in his statement, if few minutes ago, president trump noted that he expected the appellate court to take care of what happens. >> he said, quote, it should be a very easy decision in this case it does seem at least according to this reporting from time format that the appellate court is now a focus of mr. trump oh yeah. >> first of all, if trump gets convicted, he will have the right to appeal. i actually don't see anything that's happened thus far in the case that that strikes me as a particularly strong appeal issue, but that's literally years down the line in terms of what's happening right now. >> the de is slowly, gradually but surely turning bob costello into a prosecution witness because what costello's talking about as a crucial moment in

time, it's april or so of 2018, michael cohen has just had his house and office search raided by the fbi. >> and now cohen is panicking and trump is distancing himself from his distance at the same time, they're trying to establish his back-channel where costello we've seen emails to this effect is essentially suggesting to michael cohen, hey, you know, you got friends in high places. my client, rudy knows the big guy upstairs. i'm paraphrasing what the emails were, but he's essentially trying to keep michael cohen in the foal and keep michael cohen one from flipping. and now this shady effort to keep michael cohen from flipping is coming back to the fore. it's bad for the defense. it's good for the prosecution. >> bill. does that happen a lot? that one side will try to turn a witness for the other side into one for their team if the doors open, they're going to bargain i tried the case for several months again, susan hoffinger and she's not going to miss anything. >> it's just really sad for the defense that this is what we're focused on now, when you

had a couple of days that don't happen often in a criminal trial column was just a gift and now they put this guy on. he's imploded before with the judge. he's dancing with her it's it's just not a great way to end. >> there's a split time if there's a split screen as well, and the jurors remember how he was yesterday? >> so remember him now, if he is contrite, if he is acting in a way that is now more in line with what you expected. >> i'm going to say, i mean, hoffinger is walking through costello's emails to cohen, including a variety of things. one that has confirms that he has friends in high places as opposed to the garth brooks friends and low places. it was a reference that definitely refers to president trump as well. and of course this is all part of their attempt to say, excuse me you were trying to dangle something. you were trying to keep him very close to you. now remember the behavior of this witness. if yesterday, he was belligerent and he was just respectful the fact that there has been a change may alert the jurors that he would as wrong or that somehow he has been scolded in

a way that says he knows he needs to change. now, make his credibility known. that does not really bode well for a jury evaluating his credibility, i think that what you said, jake, the question of whether or not yes. right now, when the prosecution is questioning him and pulling out of him and presenting these emails, are you have we have friends in high places trying to buttress the idea that they were trying to keep him in the fall, trying to keep cohen from flipping suggesting the potential of maybe without saying it of a pardon when costello just said to the prosecutor i can tell you more if you want. you can be sure that the defense is going to do that very thing. >> this is done. yeah, absolutely. but it is interesting, jamie, again, girl that after this really rather stunning moment we're michael cohen admits to larceny and admits two $60,000 and theft from the trump organization and that seemingly not only further

undercuts, michael cohen is witness, but also potentially undercuts the idea that despite the weisselberg memo and the mcconney memo, that seemed to outline these corrupt, allegedly corrupt business records that it definitely underlines the fact that trump was not aware of everything in those because in after that still, they go forward with this attorney. so one of the things going on right now is after castellows explanation of the email happens, your castello parroting what he said yesterday on the stand, the emails speak for themselves. castello respondents sometimes this was an email from costello to his partner are issues to get cohen on the right page without giving him the appearance that we're following instructions from giuliani or the resonant. in my opinion, this is the clear correct. strategy. we must reverse the avenatti effect and restore this to a far more simple investigation of things that while they might not look good politically and nevertheless, legal if i'm a juror, i see this as they don't want him to flip as laura said, but just to

go back, i believe the other day, one of, you mentioned that top line i choose was a very successful prosecutor has not done a lot of defense work that this is his second or third case. >> and the number of defense lawyers said to me yesterday, you need to know when to quit while you're ahead. and their opinion was with someone like costello, especially after what we saw yesterday, that his testimony may diminish to the jury what the defense cases, in other words, stop with cohen. >> take the win as we say say, we're not even going, we're going to rest because we don't think the prosecutors have made their case at least that would send a certain message to the jury. >> but of course that's leaving out one equation, the defendant who given his druthers would like to testify.

it was not all going be held against them. so the next best thing perhaps, is telling his lawyers to have robert costello on the stand. i mean, we all know that the former president watches a lot of television. we all know that he is very familiar with the bombastic bob costello on fox. and in the house committee last week so clearly that is what happened here. so this isn't just happening in a illegal textbook. this is a lawyer who has to please his defendant. i'm guessing because we know that we talked about the audience of one a lot. i mean, he was thrilled with the appearance yesterday. >> so costello says he was encouraging michael cohen to quote, express any of his company planes. so that i could bring them to giuliani and get them worked out, meaning he could bring them to giuliani and giuliani would bring him to trump. and this is another reference, by the way, to another email in june 2018, which we have seen previously since you jumped off the phone rather abruptly. i did not get a chance to tell you that my friend has communicated to me that he is meeting with his client this evening. this means rudy giuliani has told me that he's meeting with donald trump and he added that if there's

anything you wanted to convey, you should tell me and my friend will bring it up for discussion. this evening so i mean, here we here we have michael cohen being in a way wooed by bob costello, at least according to these emails, he costello wants michael cohen as a client and he is trying to entice him at least that's the impression i'm getting from these emails by saying like, look, i have this hookup with rudy and rudy's talking to the big guy, mr. trump now this is the way that we can take care of you. >> that's exactly how i read it. these emails came out as part of the prosecution's case because they're good for the prosecution case, because they suggest that people around donald trump were afraid of michael cohen and trying to keep them in the fold. to me the implication of these emails is exactly as you said, jake, it's quite clear. hey, i, bob costello, i know rudy ruiz you know, is the big guy. we can taroko all your problems. you just stay quiet. you do the right thing, will take care of you. that's my read on these emails and i think that's how the jury is going to take them and the prosecution is driving

that home now, again, the defense walked into this, they call this guy. it's inexplicable. >> why don't want to lose this point that was made me think about, remember the essence of this case and the big issue we all had coming into this entire trial was how is michael cohen who is congressional testimony explaining that donald trump gives intimations, not direct orders that he is acting as the quintessential mob boss in ways where he's suggesting by either eye contact or otherwise what to do. there is an email hello from castello to his partner saying, our issue is to get cohen on the right page without giving him the appearance that we're following instructions from giuliani or it looks to be the president i mean, this is helping that the prosecution's case to suggest oh, you mean it's not just michael cohen who has the impression that you're not supposed to actually be actually explicit about followed his instructions. this is someone that you're calling after michael cohen has been undermined repeatedly about his

credibility, attacking suggest that he's not actually following orders. he's going rogue. you have someone else saying, here's we need to do. >> so this is really jake. i agree with laura and ellie. this is in the limited context of wordy and colon or castello. this is snatching defeat from the jaws of victory. i mean, this is painful to listen to if you're looking at the defense perspective. well, bob costello with certainly portraying himself quite differently than these emails suggest he was operating right now. and just to remind everybody at this point in time in 2018, the question is michael collins office has been raided, his personal home has been rated, and the question is, is he going to flip? is going to cooperate with prosecutors and give them information about donald trump and all of a sudden comes this lawyer. bob costello, trying to get according to these emails, trying to get michael cohen as a client suggesting that he has a hookup with rudy giuliani whose client is donald trump, and he can convey things to donald trump that way. now costello explains it. i was encouraging michael cohen to express any of his complaints

and he had several so that i could bring the giuliani and get them worked out, whatever they were hoffinger the prosecutor saying that bob costello to look at an email, she says in this email, aren't you encouraging cohen not to cooperate yes or no? >> costello says no happens here is now introducing a new email and we're going to bring that to you as soon as we get it. in the meantime, we're going to squeeze in a quick break prosecutors on cross-examination are going through male by email, a abab castellows, communications with michael cohen much more cnn special live coverage in minutes in the stanley cup fairclough life is on the line right now two now if the distractions. goodness still feel white guy and i bills you're crazy she has no idea. >> she sitting on a goldmine.

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a night hey slightly different properties room, yet after yesterday, he was nearly tossed from the witness box and his entire testimony was nearly stricken from the record. >> you're watching cnn special live coverage for its i'm killing collins here in new york. and moments ago, robert costello's cross-examination by the prosecution just finished. now, trump's attorneys are backup that the stand and what a morning it has been even though he is only briefly been on the witness stand, we saw prosecutors interrogating robert costello about but emails that he sent to michael cohen very clearly attempting to represent him after the fbi

searched his home, his hotel room in his office in 2018 and paula reid and john berman are back here with me and paula. i mean, there was an amazing moment where susan hoffinger, the prosecutor, which is asking robert costello about that testimony in front of congress last week, which was clearly designed to get donald trump's attention. robert costello said he wasn't, he didn't know that his comments he made there about michael cohen claiming he was a liar would be reported in the press, which i think is kinda difficult to really take it face value because your test by work committee and the former president's allies yeah, that's that's garbage that the whole reason that he does divide before committee and speaking of the robert costello testimony, origins story, as we've reported, bob costello was never expected to be ported the defense strategy, but there are several people in trump's orbit who wanted him to testify because they believe that he could help undercut michael cohen's credibility, who is the only defense witness to testify before the grand jury now, he was not able to

stave off and indictment, but that's a lower standard so even though the defense team did not want to call costello trump allies, again, they had costello testified before congress knowing it would likely get trump's attention. >> and indeed it did. he was very impressed with how we attack michael cohen, attack the case, attack the judge, and push for costello to take the stand over objections from some members of the defense team and now what we're seeing here is this is a bit of a mass. it's not doing what was intended to do. it's not going to make or break the case, but this is a forced error and it's something that not the lawyers were pushing for, but the client was pushing four because people in his orbit thought it would be a good idea. i mean, john, right now, this is a veal beauvais that's trump's attorney who is questioning robert costello about a 2018 email where there was clearly a lot of trust graphic back-and-forth between the two of them where he was very clearly trying to use rudy giuliani and has connections to him to provide this back-channel to donald trump. >> he's denying that it would be characterized as a back-channel, but then we saw emails where he was complaining

about michael cohen playing them and slow rolling. then were michael cohen was later saying he he was not going with them to represent a look, i think the legal term to describe what we just saw from the prosecution in its cross of robert costello is susan hoffinger beat the snot out of them. i mean, she really did. she dragged robert costello through this incredible exchange of emails. they have a lot of emails that this guy was on that talk about rudy giuliani, the talk about even president trump in and again, it just muddies up the water defense worked so hard to make people dislike michael cohen. but now the prosecution is seizing on this guy that they may be able to dislike even more. this guy who was completed wheatley, unnecessary, probably do this case is now being put on trial first, you know, look, michael cohen is not on trial, but the defense tried to put them on trial. robert costello's certainly not on trial for the prosecution is now successfully putting him on trial. and it

seems like the jury is we don't know, but they're laughing it. >> susan, often der is comments where there was this point yesterday where she was asking robert costello about an email she's the prosecutor asking robert costello about an email. and instead of really explaining, he just kept going. the email speaks for itself. the email speaks for itself. i was watching it and you can you can see his tone of condescension she just asked him about an email and he was trying to explain it and she said, well, does the email speak for itself, mr. costello? and he said, sometimes it does and sometimes it doesn't. and then she just moved on quickly, but there was a comment there that it elicited laughter from the jury inside the room, and that's not a good sign for you if you're the defense attorney, it's not especially with this jury. they rarely took there i think they've laughed once at a da paralegal who said he really enjoyed spreadsheets. that's a onetime they've conveyed any kind of laughed so the fact that she got to laugh shows that maybe they have empathy her in this task. >> we also have retired new york supreme court judge dian qizan with us and judge, i have

to get your take on what we're seeing happening this morning with robert costello and just the level of questioning with the prosecutors here well, good morning. >> first of all susan hoffinger, you underestimate her at your peril. she's an excellent lawyer and she's doing what every good prosecutor should do on cross-examination. she's essentially turning what should have been a trump witness into a people's witness i'm scratching my head, quite frankly as to why he was called at all, but be that as it may, he something of a gift to her. and she's demonstrating excellent cross-examination skills. she's keeping it short to the point and she is essentially turning him around to her advantage well, with our because cell is talking about right now is his partner jumps at trone and he's saying that every time he asked her about the retainer, michael, did you sign a retainer yet that he gave them an excuse that he was

kinda dragging this problem it says out, trump's attorney is asking robert whether he was concerned when he was representing michael cohen about essentially what that would mean and what that would look like. >> he said, yeah, sure. i think maybe do you think someone the jury are wondering what this testimony is getting them because the only thing it seems to be doing is they've already seen these emails. they saw this when robert casella was first introduced to the jury, when the prosecution was questioning michael cohen, how do you think the jury is looking at this testimony? >> look again it's always dangerous to try and poke around in a juries head, right however, i think the point that was just made, the fact that the jury remembered the way the defendant the way excuse me, the way mr. costello had been testifying and saying the email speaks for itself speaks for itself. and then when susan hoffinger turn that around, the jury left. right, which means they're listening very, very closely to this. they remembered remember something even though judge more sean

sent them out of the room yesterday, they knew that they heard the comments of mr. costello on the stand because he sits a few feet away from them. they knew what was happening there and i'm sure they see the difference in his demeanor today. so it raises the question about how seriously they might consider his testimony have you ever had to clear a courtroom in your tenure as a judge i've never cleared a courtroom, but i have certainly reached my limit of patients and have said to the court officers, please take the jury out right now. >> we're going to take an early break. jurors and than i have either given a stern talking to a witness or lawyers in front of me. it happens judge, was sean is shown remarkable patients, frankly, this was really the first time that he reached the end of his rope. and look what mr. costello was doing to him yesterday. yeah. >> and obviously sorry, judge.

just to give you an update, because stella says rudy giuliani in response to my telling him we couldn't make this public because that's what michael cohen told me. >> there was a series of exchanges where robert costello was emailing his son, for example, and saying that he was about to represent michael cohen was talking about how excited he was, his don congratulated him on that. >> and essentially, he was here the underfeeding we heard from trump's sources was he was brought in to undermine michael cohen's credibility. but instead, it's his own credibility that is a question right now, as the jury is seeing emails where he clearly was trying to represent michael cohen, but then was saying i wasn't seeking michael cohen is client yeah. >> it's it's somewhat mind boggling again, i think that this testimony really reinforces that people were trying to keep michael cohen from flipping and who might those people? hey you know,

connect the dots. i don't see unless i'm really missing something, i do not see the purpose or the i should say the efficacy of the testimony of this man well, we'll see how the jury takes it right now. there are some objections the judges, the lawyers have just approached the bench. we're watching it closely, judge kissel, thank you for your insight this morning you're welcome. jake, back to you. >> thanks, katelyn. so former trump attorney jim trusty joins us now jim, thanks so much for joining us. good to see you what do you make of bob costello as a witness? do you think this was a mistake by the defense to bring him up? it seemed as though the revelation yesterday today that michael cohen admitted on the stand to stealing $60,000 from donald

trump. and the $60,000 that theft was inside some of these so-called smoking gun documents proving the case, it seemed like that was a really strong moment and now i don't know what this gets them. this bob costello testimony well, jake, good to see you. >> it's hard to say from outside. i mean, if you're not sitting in the courtroom watching the entire trial or there's always a little bit of speculation to it. >> and look the fact that they're scoring apparently scoring some points on cross-examination doesn't mean that a destroys all the direct i mean, i understood costello to be coming in so basically say, once again, michael cohen has lied about a whole bunch of stuff and that's not necessarily a bad idea. >> you can't really tell from the outside or even as a litigant, whether you've gotten to a point where the cross was so devastating if cohen that you're going to get a 12th juror unanimous acquittal or you're gonna get some some portion of them to a dig in and acquit or dig in and hang the jury because they can't trust cohen hindsight will be more

precise. and anything else, but i think costello had some stuff to offer. i don't think it's great to pick a fight with the judge, which apparently he did i also think it's kind of amazing how thin skin new york judges are the most thick skin part of the country, but they're thin-skinned on the bench. and frankly, it's a mistake, it's a legal error to clear the courtroom. if you want to clear, get the jury to go out and say, like your last guess just said, take a little break here and then chastised the witness. forgiving you a sayyed, i you can do it. but it was a public trial, right. is a serious constitutional right for the public end for the defendant and clearing the courtroom is just yet another thing to be in an appellate brief someday. >> well, i hear you on the thin-skinned nature of it, but let me ask you would you ever want to have your witness openly expressing disdain for the judge sustaining the other sides objections. i mean, he was yelling radicular, saying

under his breath ridiculous. and gs and rolling his eyes i'm not saying that as a terminalis, that doesn't happen to me on an hourly basis, but i mean, i don't think you would view would want your witness to be doing that to any judge, right? >> now you know, bob's a wildcard, right? >> it's been a lawyer for 51 years. one of the dangers of that is that the lawyer gets very opinionated and basically feels no real built-in respect for any judge because they'd been added so long. and that's a danger and had to kinda thing you have to talk about in rob prep, which is like bob, do me a favor, don't don't pick a fight for no reason. let me do the lawyering. you're just a witness yeah. it's true doctors are their own worst patients. lawyers can be their own worst witnesses but i think that all in all, it doesn't it doesn't mean the jury is disconnected from what he had to offer about cohen on correct. and so that's that's the wildcard we're not going to know until we see a verdict or

a non verdict, but yet but you're right, jake. i mean, i would certainly want to spend a little bit of time with the witness saying, look, i know you're very opinionated. i know you've said some things. i know you've been on the media a lot before you testify, which is never great. but but don't come in and pick a fight with the judge. >> so right now in the courtroom, trump attorney emile bove a is trying to establish more about costello and his relationship in terms favorable to costello and unfavorable to michael cohen. in a june 13, 2018 email costello rights to cohen, you have the ability to make that communication when you want to presumably the communication to trump through him and then rudy giuliani and then trump, we should note that the defense just rested ten, 13 on tuesday. the defense rested in any case that costello right. you have the ability to make the communication when you want, whether you exercise that ability totally up to you. was that pressuring michael cohen to do anything beauvais says no, not at all. castello says.

did you ever pressure michael cohen to do anything beauvais asks, i did not. castello says, did you ever have control over michael cohen beauvais asks clearly know, costello says, and the defense rests. what what do you think of that case presented by the defense? short concise, and focused on bob costello yeah, i think that's smart. >> i mean, it's redirect, it's a moment where you try to clean up a couple of things that you feel like might've hurt you or might need more explanation and here the idea, i mean, i don't think it's really a dispute. maybe costello made it a little bit of a dispute. his answers on cross, but it's not a dispute that he wanted to represent cohen that he was interested in helping him out and he wanted him to flip to help them get out of his legal problems. that that's the heart of the problem for cohen's testimony alright. >> jim trusty. thank you so much. always good to see us. so right now, the people, the prosecution, mr. steinglass, has said that they have no

rebuttal witnesses. nothing further, judge steinglass says, judge merchan is now instructing the jury on timing. judge merchan says he expects the summations. that's the closing arguments will take at least a day and he prefers not to break them up if possible. judge merchan has explaining the schedule. and so that is what but what's going on now. so we if they expected de for closing i assume that does not include today. >> no, it will happen. it will start next tuesday. okay so they're just going to break wednesday, thursday, friday, friday. the wheel memorial day weekend. they're off and then they come back a week from today. closing arguments it appears so and we now know the answer. >> the question we've all been wondering, will donald trump testify? no, he will not be testifying in this case. surprising to know prizing to know when will he go outside the quorum and the gag order will be in effect until the conclusion of the trial, which includes the verdict, not just the clothes, the evidence. this is really important moment though because remember, the judge did not want to have a start and stop for this jury it

doesn't actually benefit the defendant to have a start and stop if there are jury notes, if there are questions, if there are deliberations, you try giving a presentation before the lunch hour. same effect for the jury, but also the instructions are gonna be so important here it's going to come down to what instructions you're going to get. elliott talked about this issue earlier in terms of how you're going to talk about contextual evidence or a circle evidence whether you're going to assess the credibility of witnesses, but also very importantly, you've got this new york law and i'm gonna go to my tab before you do that, let me just say here, well, i just have some news here my tablet. i loved her tablet i love your tablet. i just want to bring the news so good. what judge merchan is telling to the jury's, he thinks the best thing to do, as we said to his juror. now, here's summations here, closing arguments a week from today he said he's considered all the permutations at the end of the de, i think the best thing we can do is adjourn now until next tuesday. at that time, you'll here summation since for the attorneys probably wednesday, i'll ask you to come in so he normally

doesn't here this case on wednesday, but a week from tomorrow, he will probably he says to hear the jury charge, and then i will expect that you will begin your deliberations, hopefully at some point on wednesday. so that is a week from tomorrow. we expect this to go to the jury. and who knows how long they will take? to make their decision. >> laura and your tablet take it away, ready? >> okay. wait, i'm sorry. one more thing. it might be tempting to think now that both sides have rested, you can kind of let up a bit. but in fact, these instructions take on even greater significance. merchan tells the jury of his instructions, not to talk about, not to research the case, no googling thinking had the next tuesday, i'm not a hunter remember senate? sure. we're gonna get both summations done by four 30. give some thought if necessary, if you can work late on tuesday, if you're unable to do so. that's fine. >> and the jury has left the courtroom, go so there are gonna be some key moment to think about here and it's very important to remember the jury still has to follow the evidence. they cannot now that they're done with hearing testimony, they're going to have some very important instructions. remember what

they actually have to talk about. there are these charges they are based on 34 counts of falsified business records. you've got 11 checks, 11 invoices, 12 entries. this is important because they have to prove their case not in one foul swoop with the prosecution essentially saying i don't like about with it. was actually talking about the convictions and whatnot from before, what to look at, but they have to prove that there was intent that donald trump is the connection here, but donald trump had the intent to not only commit this act, but tried to hide and conceal a different crime. it is not entirely clear yet what they will use and summation will it be a campaign finance issue? with the tax fraud will be something different and these issues, some key points to consider. one is going to beam what has come into testimony from david pecker. the catch-and-kill scheme. what is coming testimony from karen mcdougal about the respect that he had from alonyal, his wife, and trying to ensure she wouldn't receive different information to newspapers and beyond. another very important points for me, dan daniel is trying to solidify the idea that he was aware of why this would be

impactful for the actual election. and of course, michael cohen way the star witness in all of this talking about what his role was going to be and what donald trump knew. but this $420,000 payment is at the very core of the issue. can they prove that there was actually a connection between donald trump and michael well, cohen and what happened. they could use what's known as a new york law. this idea of an intentionally aiding instruction, where they can find that a person is committed the crime of another by showing that they commanded listed, requested, or intentionally aided that person to engage in that conduct. in other words, a full day of instruction may actually take placed that's how important it is. so, judge merchan has left the bench and it is going to be wearing a historic moment that could lead the presentations of the information are over. >> elie honig. yeah. >> they're going to be back at 2:15 today to talk about the charging instruction. yeah. what does that mean? so jury instructions are really important. this will happen now next week it's the last as thing the jury hears before they disappear into the jury room to deliberate. it can take an hour, two hours, three hours

for the judge to lay it out. this is where the judge will go through the charges as large as he says, it's going to be back at 2:15 to date it so what they're doing today is they're going to argue about what the judge or a jury exactly there will be disputes about exactly how to define time for example, what is the other crime that the prosecutors have chosen to argue that they're also going to argue about the missing witness, right? allen weisselberg, maybe keith schiller. what is the judge going to tell the jury about the missing witness? sometimes judges tell juries, you can hold this against either side if you want. sometimes judges will tell juries you're going held that against neither side. so they're going to it's going to be very legalistic, but very, very important because what they're doing now is working out, arguing and hopefully to an extent, agreeing on how the judge will send the jury into the box. i just have to say i breathe a sigh of relief. now that is official. donald trump will not testify because i did say to dan bash on air under duress that if he testified, i would shave my head so what the papers what the clippers away. it wasn't coming out, it

wasn't really other guess if ron said he was well, we are expecting mr. trump to come out and address the cameras momentarily, but bill brennan is a moment in history. >> this is a rather stark moment we have at present an end of the united states, a former president on criminal trial. the defense has rested, the prosecution has rested and the next we will hear from the next the jury will hear will be in a week. they're going hear closing arguments. >> jake i'm gobs mac by the fact that both sides have rested and we still don't really know what that second crime is. it just seems bizarre to me. it this case from the beginning, at least you get to the felony has seemed like an indictment in search of a crime it'll be interesting to see what they've up to, but instructions in some cases are perfunctory, first-degree murders as their degree murders that the instructions in this case are usually important, crucial because let's take the i don't want my marriage to implode. i don't want my campaign will implode are they

equal is one above the other. if you just have one and not the other, is that enough? i mean, there's so many permutations that can be instructed on that may be the determining factor in how this case goes and dana bash, todd blanche, has made the argument donald trump's chief defense attorney has made the argument that nothing ever happened between donald trump and stormy daniels, and whether viewers out there believed that or not it hasn't been proven that it happened. >> you have somebody testified that it did happen donald trump is not testify, but he denies it happened in the argument from todd blanche is paying some paying somebody to not spread a false story is not the election interference that i guess is the underlying additional misdemeanor that makes the business record misdemeanor or felony, right. i mean, the idea that this was election interference because they hid information, but the

argument from todd blanche is they didn't that didn't happen. and so this isn't keeping information from people because it's not true information i actually want the lawyers to weigh in on this because my understanding, having ever been to law school, is that there are some cover-ups. >> if you will, which is what this is alleged to the thin that you can be prosecuted for even if the underlying alleged crime. and in this case, it is the affair or the moment with stormy daniel's didn't happen? >> yeah. >> is that right? it doesn't actually for the purpose of this case it doesn't actually matter, doesn't matter if there was in fact a sexual encounter or allegations with their it all that matters is that you believe that that might go public in a way that force or enticed you to actually pay someone and amount of money you did not disclose it as a campaign finance or contribution and therefore, there is an underlying crime even if false because they've already established that they paid the national enquirer and

its parent company paid $30,000. i think it was to adore me. and who had a fake story about a child that donald trump had fathered outside his marriage, that it's a not a true story so the already established them money has been paid to keep false stories out of the public eye. >> yeah. why is it a crime to forget the business record falsification? because i understand why that's a misdemeanor. but why would it be a crime to hide, to pay somebody to not tell a false story. that's not what the prosecution is arguing. >> the prosecution is not saying that a thing is inherently illegal people about a catch and kill scheme. they've gone to great lengths thanks to explain that very notion as michael cohen has testified and other testified, things can be untrue and still damaging to one's political career otherwise. and so the allegation at the timing of the access hollywood tape in particular, would ban the straw that they believe broke the camel's back, not the catch and kill scheme, but from my understanding of how they we have plenty evidence so far, if they are basing this theory on the underlying crime being a

non-disclosure campaign contribution directly, then that is in an of itself and underlying crime to elevate it from the misdemeanor to the felony level, but undisclosed campaign contribution by donald trump. donald true, his own campaign? >> yes. and an excess of what is the requirement as well. and so you have this this is the very issue that you're asking the question of why people were very skeptical about the case in the long run in the first place, to elevate from the misdemeanor to the felony. there had been this intent to defraud or high this underlying crime. it has not been abundantly clear, which is problematic. what is the specific? the underlying crime in theory that they are going with summation will give us that information for the first time we heard in the opening about a conspiracy as possibly the underlying crime to do that very thing. this is what this whole conversation speaks to what you were saying, which is that jury instruction is going to be so important because we've been steeped in this for weeks and weeks and weeks. quantum months and months. and we're still explaining it. they have to absorb that actually finds and

conspiracies. we file a different jurisdictions called different things a bill that particulars, writ of habeas corpus. but you basically committed to a judge. but those specifically, what did my client do in the conspiracy? heresy. >> and in this case, it just seems that we're here now and as large as i said, i guess we'll find out in the instructions where this is headed, but i'm just flummoxed by the fact that we still don't know where this would land. it's i see like a roulette wheel in my mind. i'm looking at the little marble. we should know where that is before frankly, before we start defending the case, that is supposed to be this is an indictment in search of a crime it's his are whether or not you believe that i mean, it is odd that the that the that the member because what's going on here is it's a business falsification case which is a misdemeanor, but because it is allegedly in pursuit in the service of a different crime,

even if that is also a misdemeanor, that makes it a felony in this idea that donald trump made an undisclosed campaign contribution by paying stormy daniels to keep her mouth shut about a rendezvous with that may or may not have happened, but they certainly didn't prove that it happened. i mean, everybody out there might think that it happened, but it is one person's word against another's that doesn't matter that much. we know and i will leave to the jury instructions how they explain the felony and what it's based on. but as as the pretend juror here, there are a couple of things that to me are just common sense this happened in october. >> that's two weeks before the election. >> on the heels of access hollywood the incident or the alleged incident happened a long time before them why is all of a sudden now, two weeks before election day is donald trump so worried about this

becoming public. that's number one number two, i think that their testimony from hope hicks that is very effective about michael cohen didn't go rogue ai and she's a sympathetic wet witness. she's not a hostile witness to donald trump. same for david pecker in laying it out. and i would argue and bill, you mentioned this. how is the judge going to give instruction sections on this is about you're worried about your wife or you're worried about the election at one of the stormy daniels was able to say on the stand, if the jury believes her, that trump told her don't worry about melania, that they sleep in separate beds. and that he didn't use a condom in the alleged incident. if you want to talk about the ultimate thing that says you don't don't care about your spouse if the jury believes that, then to me that tips it

to election interference, but that's just all based on a common sense reaction. >> i think one thing as the judge just sent the jury home for the week i'm surprised that nothing has happened with any members of the jury. the fact that the former president goes out every day and speaks at the end, not talking about the jury, but this is such a public case over the next week, the judge must be i would assume very nervous about what is going to happen, perhaps all the parties are with this jury it's extraordinary that there still in place, so we'll something happen over the next week two, out someone or whatnot. let's open at the end of the day. just listen think to all the legal discussion here. it explains why the politics of this also are so unclear. and if there's any political fallout for the former president, the defendant or not, he'll be speaking this weekend at a libertarian

conference here in washington, tried to make his case, but otherwise he doesn't have any campaign stops. on his schedule. but the politics of this as we sit here today, are still just as unclear as the verdict is. >> all right. well, the defense rests. the presentation of evidence in the historic hush money cover-up trial is now complete. the prosecution says they will not have any rebuttal witnesses. the jury has been dismissed until next tuesday, a week from today, and that's when closing arguments are slated to start. much more cnn special live coverage. after this quickly make your first move with battery power made by

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conclusion as both the prosecution and the defense have finished with their respective witnesses up next closing arguments will we'll give each side a chance to lay out the facts as they have been told to the jury, kind of tie everything that we've heard a release last six weeks together on the line as the home of president and the presumptive republican nominee's freedom. >> we are looking at all of this as we are watching, court trump has just left the courtroom. he offered a fist bump as he was exiting, and we have two excellent little experts who are now joining us to walk through everything that we just saw. and what could come next, because this court has just broken for the de we've two former federal prosecutors here with us at least adamson is back with us from yesterday and elis, let me start with you before i get genes take on everything that just happened, but at least we were looking at what happened today no one is surprised. but donald trump walked out of that courtroom without answering a question about why he did not testify here after he had kinda ties this idea that he was

considering it, that he might. and then of course, ultimately did not take the witness stand himself. >> yeah. well, it's actually very common for a defendant not to testify in a criminal case. i think that going into the trial, the former president probably wanted to testify. we saw him testified as civil fraud trial. we know he has a lot to say, but i am sure for his attorneys ran and down the risk of putting him on the stand, which would open them up to all sorts of cross-examinati on. he's also an uncontrollable witness, so he could have gone into areas that were not meant for direct examination and then other evidence could have come in. so it was just too risky why he didn't comment on it. >> i don't know. i don't want to speculate. maybe he doesn't want to explain why he ultimately did not want to exercise his right, but it is his right not to testify. and the jury will also be instructed that they can't

make any take any negative inferences that he he decided to i'm not testify in his own defense here well, they're taking a break now. >> the jury will not be back in the room until next tuesday when the summation of this will begin. >> do you the defense ultimately made a mistake by putting robert costello on the witness stand and having him be the final witness instead of it being michael cohen yesterday, acknowledging that he stole tens of thousands of dollars from the trump organization. kaitlan, you hit the nail on the head instead of focusing on michael cohen as a thief? in a liar. >> they made a huge mistake and i want to talk about primacy and recency and at least knows what i'm talking about you always start off strong because you only get one chance at a first impression and people always remember your last act by calling mr. costello as their last witness. >> actually, there they're only witness. they had a minor

one. they left with the jury the following michael cohen said, i really didn't trust mr. costello. i essentially thought he was a little sleazy and that he was working for giuliani and trump so i didn't want to give them anything that's going to hurt me in the end so that's very understandable. and when costello took the stand, kaitlan and he acted the way he did in my 30, 35 years of practicing law as a prosecutor and a defense attorney, i've never ever seen that he insulted the judge. and frankly, kaitlan, he insulted the jury. they may not have heard the sidebar but remember kaitlan and elise, there are two attorneys on that jury and they figured out why the judge had them leave the room and it was because of the decorum, the defense ended on a horrible horrible note in it, washed

away everything they were trying to do with michael cohen. and here's the kicker. they actually rehabilitated michael cohen because mr. costello did come across as a little unsavory at least you're shaking your head. >> yes. do you agree with gene three with gene more? i mean, michael cohen testified that he didn't trust castello. and now the jury got a front row seat as to why scene is exactly right. his attitude on the stand was just kind of inexplicable. it was performative, and the jury does not check their common sense at the door i'm sure that they could infer from that behavior that costello was hostile toward the prosecution fusion hostile toward cohen and the jury can take demeanor into account when assessing a witness's credibility. he essentially through his

behavior and then later through the emails that were introduced on cross-examination, he played right into michael cohen's account why michael cohen didn't trust him enough to tell him that he had this material on trump, that he had this information because he was going to run and he was loyal to trump. and he demonstrated that loyalty for the jury, really bad move really bad way to end the defense, especially when they had had such a strong day before yeah. >> and they'd seen all these emails previously in the testimony. they just for resurrected today with bob costello was on the stand and gene the jury is done until next tuesday. they're going to have all of this on their minds as they are, they are waiting for what next tuesday is going to look like. >> but the attorney he's we'll be back in there. the parties back in there this afternoon to talk about what you in the moment is not going to be as captivating is the judge clearing the courtroom in scolding bob costello, but it is going to be highly

consequential because it is going to deal with the jury instructions corrections, and what that's going to look like. and that is something that both sides here have been incredibly invested in, which is what the judge is going to say to the jury before they take the case and make the ultimate decision here caitlin, i i tried a lot of cases and i lost a lot of cases because of appeal issues, bad. your instruction and there's nothing more painful than convicting somebody. it goes up on appeal and it's reversed because of a bad jury instruction and the reason it's painful is it's my fault. i got greedy. i didn't listen to the judge or respect the law or i didn't i didn't follow the law these charging conferences, the jury instruction, discussions, if you will, in this case, this could decide whether donald trump is convicted whether we have a hung jury or acquittal, but more important if he is convicted on appeal, the jury instructions, if they are

fatally flawed, we will have a reversal and we're not going to have a retrial. i don't think america could take another six weeks of this circus. okay. so if we have a reversal the case will be over, but the jury instruction conference today at 2:30 is where the rubber meets the road because we got to know what crime are you alleging was trying you were trying to hide was it taxes? was it election at the state level? was at election at the federal level. we got to know that and we really are not clear about that. but the jury instructions will help. the last thing i want to say is the missing witness instruction. if the defense gets that for either weisselberg shows scheffler or the bodyguard that that could be very important for the defense yeah absolutely. that's a great point. i'm glad you brought that up because keith schiller and 11 weisselberg, i've hung over this entire trial. and obviously we know why at least

one of them is not being called. keith schiller it's not totally clear. obviously, they don't think you'd be favorable to the prosecution and obviously donald trump has made clear appeal is on his mind. he's mentioned it twice. what we're going into the courtroom. is is that he's already looking ahead to what that's going to be regardless. the jury deliberations that are still yet to happen. a standby. listen, jane, because that was great. great analysis of how this morning has played out. but cnn's kara scannell was inside the courthouse this morning. she's been in there the entire trial and qarrah, just can you just walk us through what it was like in the room this morning? i mean, you were there yesterday and that really dramatic moment withdrawal her castello. what was it like when robert costello got back on the stand this morning caitlin when it was a different energy entirely today. >> it was very calm and costello came in and the judge greeted him. good morning, reminded him he was under oath, and then the prosecutor peter, began her cross-examination picking up where she left off yesterday she was trying to confront costello with some statements he had made that he wasn't trying to pressure

michael cohen and the big question over whether he was representing cohen or not because the defense has wanted to show that cohen was lying there trying to undermine his credibility. and so what susan hoffinger, the prosecutor, was doing is she was asked costello questions and then confront him with an email that he had sent and then use the phrase customer hello, had used yesterday and his testimony saying to him, the email speaks for itself, right after she did that about two or three times i did see two of the jurors kind of smirk and smile at each other other there were elicited laughter in the courtroom two and in the overflow room because it was just heard turning her his words on him. but for the most part, i mean, that was just it's about 45 minutes pretty quick. not a lot of fight. reihan, any fireworks that all over this. but just as they're trying to go back and forth over these emails, over what costello hello, men's, and whether or not he was pressuring michael cohen and whether he was undercutting cohen's testimony that was really the focus of it. but the big news of today, of course horses the defense ross and

they didn't call donald trump to the witness stand. trump not testifying in his defense, something that he had floated. we'd seen him testify in these civil trials, but a criminal trial house obviously the stakes are a lot higher and a lot different and trump not taking the stand. so we are now at the end of this trial. we're taking a break. we'll be back inside it to 15 for this conference on the jury instructions. and as you were talking, i mean, this is very important. it's going to be key about how the jurors are told what is legal, what is not illegal. and this morning, the judge said he think both sides for coming together and sending in some suggestions of how they would phrase some of these charges. this came up yesterday. and it asks both the prosecution and trump's legal team to talk together and de if they could work out exactly what would they would phrase about the second elements of this crime? what makes it up? melanie, what are they looking to conceal? and that is something that he asked him to work on, that he thanked them for sending in their submissions. he said it was

helpful. he also ask them to use this time. now these couple of hours before we're back in there to work on some of the other language so they can find a meeting ground. so he said he could read line it, and then give them their final instructions. so it's going to be a technical oh conference, but a very important conference this afternoon yeah. >> incredibly important. i know you'll be there watching it all kara scannell. thank you for that. because it's cair noted minute to go in that courtroom the court wrapped up. it says the defense rested its case up for the prosecution rested their case yesterday. we're tracking this all closely included not all important meeting this afternoon, you were watching cnn special live coverage this is no secret war. secrets and spies premier sunday, june 2, attempt bomb cnn it's kubota, orange days shot the year's biggest election of kubota equipment. >> hey, get 0% apr for 84 months, or up to three be $300 off select kotb backed directors, find your nearest dealer at cota orange days.com

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redefining assurance. >> i'm kevin lip ttac at the white house. and this is cnn welcome. >> back to cnn's special live coverage. i'm kaitlin collins in new york. the case against the former president of the united states is now close to the finish line. presentation of evidence took weeks and the prosecution ultimately called 20 witnesses, over 19 days, totaling 50 hours of testimony the defense called two witnesses over two days, totaling less than two hours of testimony, but it's still had its impact. one witness we did not hear from who said he wanted initially to testify here was the defendant himself, donald trump. cnn's dana bash is also tracking all of this from washington. >> dana, i don't think anyone is surprised that trump did not not ultimately get on the witness stand here no, nobody is surprised at all. >> and elie honig here is very happy because somehow he ended

up promising to shave his head if donald trump directed it, did under duress, did testify we want to as we sort of digest the fact that this is very shortly in a week, but is now in the hands ultimately of the jury after they hear the closing statements go back to some of what we heard from the most important witness in this case. and that's michael cohen. this particular part that i'm going to read is about one of the core questions that the prosecution want the jury to believe, which is that these hush money payments were done in order to benefit donald trump's it campaign. and the donald trump was very involved in it. >> so this is hoffinger, susan hoffinger. she is a prosecutor. >> did you call mr. trump before you went and set up the account to make a transfer, cohen? >> yes. hoffinger. what in substance did you discuss with him on these two calls cohen, i

wanted to ensure that once again, he approved what i was doing because i required approval from him on all of this hoffinger would do have made the bet payment to stormy daniels without getting sign-off from mr. trump cohen know, hoffinger, why not cohen? because everything required mr. trump's sign-off on top of that, i wanted the money back. i'm going to start with, you. bill because i want you you to kind of dissect that from the perspective of your in donald trump's choose your the defense you're the defense attorney watching this moment, maybe watching the jury that the way that they took this in how critical was this moment? >> well, if you dissect that statement, dana, there's a lot of mumbo jumbo in there. he saying, on the one hand this was a crucial importance to donald trump. he needed donald trump's involved donald trump's approval. >> but he's got to go out

behind his wife's back and get a home equity loan to pay it. why don't you just go say to the guy who so concerned about this, it's of such crucial high ranking priority. hey, about the, uh, hundred and 30 grant. let's have it so i can pay it it doesn't it doesn't jive and then when you plug in now you know, lani david, so i have tremendous affection and respect for has been harping on this alleged weisselberg document that's the smoking gun that's what does it we learned yesterday that that document is on its face, not what it appears to be because mr. collins stole 30 or $60,000 because he was allegedly ginned up for the taxes from his client. so again, we have what appears to be mutually exclusive the prosecution took great pains to have that author come on and say donald trump we

worried about every 50, 50 cent checks, he just got clipped for 60 grand by his council. there's a lot to work with their own closing. >> i think the excerpt that you showed us, the transcript is a perfect example of what my michael cohen means that this trial, why why he is so important, because he is the only one who through his testimony, can directly tied donald trump to not just the payments, but also the accounting behind the payments. now he's corroborated. and if we look at that example, you just gave us, there are phone records showing that there was indeed a phone call to phone calls actually between cohen and trump right before he made that first withdrawal. so this is what the prosecution is doing there. they're taking as much evidence as they can. and then cohen is trying to fill it in okay. >> everybody stand by. we have a lot more to discuss. we have to take a quick break. just a reminder, the defense just rested and they did it without playing the trump card. you're watching cnn special live coverage of the former president's hush money trial. don't go anywhere with jake

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into a reality we all knew godaddy arrow put your business online in minutes with the power of ai, close captioning brought to you by meso book.com our firm only represents mesothelial of victims and their families. if you or a loved one who has been diagnosed with mesothelioma call us now a notable morning in court during the historic hush-money trial happening right here behind me in manhattan. this is students, special live coverage and headline number one this morning, the defense has rusted that sets up a dramatic tilt next week between the prosecution and the defense during the closing arguments which is really their final chance to convince the jury to convict or the defense to a quit the former president of the united states headline number two hello trump did not

testify, despite a wealthy won't we debate that was mostly won't be that has been going on throughout the duration of this trial's he said at the beginning saying that he wanted to testify. of course, we saw that he ultimately did not know when really expected him to take the witness stand, but they did put one witness on the stand at the ed roberts hello. that they believed would help undermine michael cohen's credibility, though he may have done more damage to his own. in the brief two hours and he was ultimately on that witness stand as the jury was sitting right there. do his left watching him phase cross-examination from the prosecution this morning and the then again, the defense having their chance to question robert costello, he was the last witness that the jury heard from and that they will hear from for the next week. they are not going to be back in the courtroom until next tuesday. that is when those closing arguments will begin and then judge said today he does expect the case to be in their hands by next wednesday. cnn's john berman and kristen holmes are here with me and kristen we've been watching

this willie won't eat, bring bob costello to the stand. and there were people on trump's team who did not want robert costello to testify. but now that is the final tastes left than the jury's mao for an entire week really? yeah. i mean, ultimately what we all know is that while it is hard to be donald trump's lawyer anyway, it's particularly hard with a client like donald trump and we know that he was pleased with castellows testimony before congress, which was part of the reason that they ended up calling costello to the stand. donald trump wanted to hear somebody on the stand call michael cohen a liar and know no other terms. and that was exactly what costello did. and i'll be obviously, as you said, did more than that, but i'm told that donald trump overall, it's feeling a couple of things. one, when it comes to what the verdict is going to be, he fundamentally believes that he's going to be convicted in some way because he does believe that the jury is unfair. he surrounds himself in an echo chamber. he has heard he has decided that the jury is left-leaning and that

they will ultimately likely convict him however, when it comes to whether or not he is happy with what his lawyers did out there. i am told that he was feeling very good after the cross-examination of michael cohen particularly that moment when cohen admitted that he had stolen from the trump organization in trump's mind that was a clear deciding factor that showed that michael cohen was lying. and it also made him very happy with his legal team, which as, you know, is not always the case. look, i wonder how they'll feel that as legal team by the end of today or tomorrow when there are more reviews in about what happened with robert costello on this stan, i'm trying to figure out if this was a a minor flood in a distraction or something that could have lasting implications if you're last guy on the stand and this entire case is a guy who implodes, which he basically did yesterday in the jury saw at least some of it. how good can that be if you then disappear for a week and that it wasn't just to performance

either susan hoffman to the prosecutor on cross, was able to go after costello and at least plant the seed of this pressure campaign from rudy giuliani and others and trump world on michael cohen in those days in 2018 when michael cohen was talking with robert costello, it just raises so so many questions maybe for the jury, depending on how closely they are watching this, that they're going to sit on for six days. they're going into this period. first of all, i don't quite understand how anyone can go. what is today, today's tuesday, wednesday, thursday, friday, saturday, sunday, monday? >> we have googling anything on this case aren't they human beings? >> i mean, it's gonna be hard for them to stay completely quiet. i'm very curious to see what they're thinking about most yeah. >> the judge tells them every time that they leave the room not to talk to one another about the case, not to research it, not to read into it, but i mean, it's 2024. it's obviously hard. they're not sequestered. it's a hard thing for them to do, especially if it's memorial day weekend,

you're going to be talking to people. but but on the sense of calling bob costello is the final witness it seems to be revealing of just a larger thing with trump where he thinks one thing is the right answer. but legally and strategically speaking, his attorneys can thanks something else, but ultimately, they go with what the boss wants. >> well, they have to, because at the end of the day, they want to please their client and he is a demanding client. one of the things that we see often while he's been sitting through this trial is him elbowing his lawyers, passing them notes. we also know it's not just trump who is talking to his lawyers? he has a adraee of different family members as well as republican lawmakers, as well as legal advisors. and i'm putting that in loose quotes. people who are around him who might have law degrees but are not currently representing him in this case, who are also giving their opinions to both the boss, donald trump, and to their lawyer. is and it really depends on what donald trump wants to hear. and that is how he projects to the lawyers who are actually hearing.

>> don junior candid, i'm sorry for the first and only day, apparently, don junior shows up. you pick the shortest day thinking about 90 minutes in the courtroom, eric had to sit through long, long days, dawn journaling had to sit through about an hour and eric was playing the long game. yeah, he's still playing the long game. >> the hell's angel guy was also there. so don't forget him and speaking of people who know what it's like to represent donald trump, we have former trump attorney jim trusty here at jim. obviously you've been inside those moments where donald trump wants his clients to do one thing. not always with the attorneys want to do that's not just him, but we've seen that with other people as well being represented. but if you are representing donald trump and he told you he wanted you to put robert costello on the witness stand. what would you have done? >> well, look, i don't have the benefit of having sat down and prep costello, but i would probably put them on. i mean, look, the battleground here is still cohen's credibility. remember costello got on the stand on direct and said, look, i asked this guy 20 times. have you had any 30 said no and the

reversal if you believe that the cross-examination just destroyed costello the defense to that is no, no, no. i was also lying to costello like literally like the ten thousands lai exposed about michael cohen. so you're still playing in the right battlefield, which is cohen's credibility. i would look if i was prepping costello, i would say like, don't don't do the whole fight. the thing that's not going to help us but at the end of the de, the substance of the testimony is still very damaging, if believed that if you don't believe that, then you're still right back to cohen's credibility as a whole, which is irredeemable at this point. i mean, let's be let's be real. michael cohen is probably one of the worst witnesses we've seen in modern times. it comes to every bit of incredibility. >> you can imagine bias failed cooperator inconsistent statements hatred of president trump, cashing in. >> there. it was incredibly rich area to cross-examine. and i think todd navigated it reasonably well.

>> jim there are two attorneys on this jury. i mean, haven't you ever met with a potential client who's not your client yet that that doesn't fully disclose everything to you yeah, i'm going get a common place, particularly in white collar where we're executives can be really good at rationalizing. >> i'm in the gray, i'm in the gray and you have to meet with them a few times, say no, you're actually weren't in the group. so it's not uncommon to have, you know, kind of an valving story from a client or in terms of their own self-assessment of what they did look. i do think having two attorneys on the jury is a crazy wildcard here. i mean, they're they're gonna be the ones that probably the other jurors look to interpret fuzzy areas and the jury instructions, but they can also be the types of attorneys to go look. i'm used to preponderance of evidence as my burden of proof and the government has to prove this case beyond a reasonable doubt, which is a very different thing. so i'm not in love with

the idea of having attorneys on drugs. i think they tend to make it more cohesive that they're going to take 12 people from manhattan and make that probably doesn't bode well for president trump, but they could look at these instructions and say, you know, beyond a reasonable doubt, two big thing when michael cohen is your linchpin one thing that people attacked michael cohen over was his memory of that call on october 24, 2016. >> and you, todd blanche brought up text messages that showed he was also concerned about a 14-year-old prank call who had been harassing him and it was seen as a strong moment for the defense, but the defense didn't finish with michael cohen last thursday, and that allowed the prosecution to have the entire weekend to really talk about what they were going to do when they were questioning michael cohen again and they found a video donald trump and keith schiller, trump's body man from a rally in tampa that night where they are walking offstage together four minutes before michael cohen says that

he called keith schiller and was put on the phone with donald trump. i mean, do you think that that will be effective with the jury and showing that yes. keith schiller and donald trump were together moments before michael cohen said that they were with a manhattan jury. i'm not making any predictions in terms of what's effective and what's not. but look, it's not a mystery that schiller was in president trump's presence. a lot of the time. remember on directly exam what cohen said was nothing about oh, we might have talked about this 14 year-old also. >> he was definitive in his statement that this was the conversation. >> it was only on cross and redirect that he had to start backtracking. again, the guys credibility is just the thetic. i mean, i don't know that any reasonable jury outside of manhattan, whatever number latch on to cohen as being a truth teller in this trial well, we don't know what the jury is thinking. >> i don't think you can say whether it's reasonable or not. it's up to the 12 jurors

and there were two attorneys there trump said he was going to testify and he ultimately did intestine to fire you surprised no i mean, i wish i had better a head shape like elie on ad, but no, i mean, look the bottom line is there was preliminary. >> there's a number of reasons not to do it. the first is pulmonary rulings by the judge made it clear that a lot of stuff from president trump's life was going to be in play, including the e. jean carroll case. that's so harmful, maybe collateral, but it was gonna be harmful stuff to come out in front of a jury. but again, the whole strategy here should be and i think it played out reasonably well this way. make it all about corrupt cohen, if you don't believe enough and michael cohen, you can't convict. and i think if you put president trump on the stand, you're just inviting a comparison game. you're actually watering down the effectiveness of your cross against cohen so right decision whether or not the president fought it behind scenes. i don't know. and i never will. but it was the right decision to say let's focus on cohen and the sufficiency of the government's case yeah, we'll

see what robert casella did and whether or not he ultimately achieved. >> that the defense was trying to do jim trusty. thank you for joining us. we've got john berman and kristen holmes back here. and john, obviously, their goal going into putting rubber because cell on the stand was to undermine michael cohen's credibility. it while jim trustees aren't doing that, he thinks he did that effectively in that case, it's not clear we don't know how the jury sees it, so we can't project on them, but it's not clear that he and anyway, was able to undermine michael cohen? know, look, and again, i think jim's absolutely right that the defense strategy and probably really good strategy was tried to put michael cohen on trial here make this trump versus goal and who do you believe more and you're only really hearing from michael cohen here and if he's not believable, this case goes away. that may be a good defense strategy, but i'm just not sure robert costello helps that because as we said before, in a way, then you're also putting up someone to compare michael cohen to one robert costello, who do you like less here in costello gave cohen and run for his money, at least in

his behavior on the stand, at least in the representation of some of those emails too, or susan hoffinger caught him a few times not knowing something or denying something and then showing him the email and he was having to reverse it. so to an extent, it gave the prosecution a chance to put to put costello on mini-trial as it were. i get he's a minor player in this. but if, you know, if you can make someone look bad in comparison to michael cohen, your winning if you're the prosecution is a lasting impression for them he's certainly is, but i will just remind us all of what the jury has seen since the beginning, which is sleazy, underbelly of zach edey over and over again. >> i mean, it has been one witness after another, who are negotiating backroom deals and alleged affair with a porn star of people trying to extort people for money. i mean, this is one witness after another, somebody who has testified that they have been convicted of lying before is their main witness. i mean, i don't know what the jury walks away with this from, other than what we actually hear from them and how

they determine the case. but that being said, does cost all just go into that same category regardless of its last or not of this is the kind of society that these people were operating in yeah. and the defense is now rested though donald trump said he himself will be rested, will see the president of evidence is done on day 20th. donald trump's trial. you've been watching students, especially live coverage is we are waiting for a pivotal meeting this afternoon inside that courtroom simons are going off and firing the tornado here i'm thinking language, die and i thought that was it earth with liev schreiber premieres june 2, id nine on cfp type two diabetes discover the ozempic trisomy i got the power of three lord, my a1c cv risk and lost some weight. and studies the majority of people reached an a1c under seven and maintained it. i'm under seven ozempic

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raja and capitol hill. this is cnn welcome back to cnn special live coverage. >> the case against donald trump may come down to a single question. did the jury believed michael cohen i want to bring in michael cohen's former attorney and friend, landed davis. thank you so much for being here. so now that we're going to have some time next week, the attorneys on either side of this case are going to give their closing arguments and the question is going to be, as i said, what is the jury believed? how do you feel? >> the case went as it headed into the end of the witness phase well, except for the media making this case, as if michael cohen is indicted in its his credibility at issue. >> and i don't just say all my friends, it's cnn, but across the board i think the case in the jury room is gone very well because it's about facts, it's not about michael cohen.

the facts speak for themselves. so there are only two issues dana, the jury has to decide it's supposed to people on television, including me fact number one where's the money paid to stormy daniel's primarily politically motivated and it seems to me there's strong evidence for the jury beyond a reasonable doubt to say. yes. you have david pecker, you have certainly a loyalist to donald trump, well-known loyalist, hope hicks saying, guess, it was about the campaign so that issue is over. it doesn't matter what michael cohen is or isn't that issue is evidence that the jury will consider. the second issue more difficult is did donald trump lie when he's called them publicly legal fees? when in fact, the weisselberg document speaks for itself in his own handwriting. that's allen weisselberg, chief financial officer, very close to donald trump in his own handwriting described three buckets of money reimbursed. that's the

word reimbursed not legal fees to michael cohen. and one of those buckets was $130,000 politically motivated, as i said earlier, hush money that number was multiplied by two to be 420,000 divided by 12. it was multiplied by two to make michael hole from a standpoint of income taxes divided by 12 equals $35,000. voila $35,000 is the amount of the checks written by a city in president in the oval office to reimburse reimburses the word not legal fees. michael cohen. that's a factual question for the jury. so those are the two questions you notice. i didn't mention michael cohen's credibility because neither of those facts need michael cohen to be credible. so that's my viewpoint. the other point i would make take is that to allow a trump lawyer to describe a manhattan jury as if we don't believe in the due

process system of justice that relies on jurors following instructions to make a decision on the evidence and to allow that without somebody were budding, what do you mean by a manhattan jury? there are a jury that will follow the law democrats, republicans just recently, mr.. trusty referred to him. okay. manhattan jury, was an issue. so i'm just respectfully suggesting the rule of law will apply. okay. >> well, that's why that's why we have you on after mr. mr. trustee was on first a couple of things to go through several things. first, just to the most recent point that you were making about allen weisselberg and the charge that this was done in order to help his campaign. we have that document and you talked about the fact that the check was written in the oval office? this is a document that it's allen weisselberg's handwriting. it's sort of scratching on the left, but the bottom line is, this is a document that you were referring to our viewers

understand. >> would you believe is what jurors are going to take away as proof when they decide that this whole scheme was, in fact to help the former president are then just the candidate in his campaign and not please go ahead. >> no no i'm sorry, dan. it's not about helping the campaign. that's the first issue. that's whher it was politically motivated analytically, most document p2's that it was posted i understand. >> thank you for no. no. it's not. let me take my own words. the document shows that the math has nothing to do with legal fees. if the jury believes that donald trump lied when he called the legal fees, then he's able to be convicted and that document proves is nothing about legal fees. it's purely math by weisselberg dividing 42012 to get $35,000 thank you. >> thank you for clarifying

that. i do want to go back to where you started with this, which is that michael cohen is not on trial. that is true. but michael cohen is a very important witness here. and you from the very beginning, even before this case came came to trial have said over and over again what you just repeated here, which is it is beyond the question of what michael cohen testifies to. it is the documentation, the receipts, all the other information that you believe is going to be beneficial to the prosecution's witness. you just made that argument having said all of that when you are an attorney and you're a prosecutor and you understand that the jury takes in everything that they have before them and one of the things that they did take in is the following. i'm just going to read what happened in the courtroom yesterday. todd blanche, the attorney for the

former president, you never gave the $30,000 that was owned to the guy that owed red phones, red finch, did you know? no, sir. michael cohen said blanche. so you stole from the trump organization, right? cohen? >> yes, sir. >> blanche. >> and you didn't just steal $30,000, right? it was actually because it was grossed up. it was $60,000. cohen? yes, sir. again, he has not being prosecuted for that. i completely take your point here, but his credibility what you're saying is that this notion of pin been minute on the stand that he stole from donald trump and the trump organization. you think that's going to have absolutely no impact on the jury? >> i can't predict absolutely no impact. that's an extreme way of expressing it. no, i wouldn't use that extreme language. i would say the jury has common sense, unlike mr. trustee, i believe in the jury system, i wouldn't say an alabama jury versus a manhattan jury. so the juries have to

decide factually two questions where's the money primarily politically motivated? the testimony of ms hicks and david pecker and keith alexander, her lawyers say it was campaign oriented, don't need to care about that particular problem of michael cohen to decide that second more important is the weisselberg document. again, let me be clear, dana proves that donald trump lied about legal fees. it was not legal fees. it was about the math. nothing to do with legal fees. and if the jury agrees with that by looking at the document, they will convict beyond a reasonable doubt now it's up to the jury to decide whether that is true, but my view of that document is you don't need to believe michael cohen on the documents speaking for itself. and so those moments that you just addressed are embarrassing to michael cohen. he has his own defense as to what happened. i'm not even going to address that other than two say we don't need michael cohen other than to confirm what is already

evidenced and fact and he is the confirming narrator. you don't have to believe him. he can say believe your lying eyes of what weisselberg wrote as matt that led to $35,000 in reimbursements, not legal fees. trump lied about it's calling them legal fees. and that could lead to a conviction. >> robert robert costello, who was the last witness before the end of the trial today, said that cohen told him trump knew nothing about that $130,000 payment to stormy daniels in 26 i've seen you're laughing. you think he just got on the stand? yes. i'm not going to because you you're giving your giving credence to a statement by mr. costello, he was under oath giving you worth well, i know he's under oath and i know that mr. costello forgot to tell everyone that he sent a illegal bill to michael cohen where there was no engagement

letter he was part of a rudy giuliani conduit to mr. trump because he referred to the big guy taking care of you. >> it was all about bringing michael and keeping him in the tent mr. castellows testimony is what it is, but to refer to mr. castells testimony as having credibility and then challenged michael cohen's credibility when he's corroborated to lateral issues planning. i'm not giving anybody credibility i'm reporting to you what happened in the courtroom and i'm asking you to respond to it. okay. this is that is a fact that happened. >> all right well, excuse me. i you have a right to ask the question and thank you. answered by saying that mr. costello doesn't have a lot of credibility in light of the fact that he never had an engagement letter sen. michael, a bill, and was working for rudy giuliani. so in my opinion, and i could be wrong. i don't believe mr. mr. costello, we'll have a lot of weight in the jury room compared to the documents speaking for themselves testimony being what it is. you

don't have michael cohen's credibility that changes that testimony are those documents landed davis. >> thanks for your time this morning. >> thank you. >> thank you. dana. thank you for letting me speak. thank you s talk more about well, let's just start with that. >> and talk generally about that fundamental question, which is, i mean, we have all heard from michael cohen, from landed davis, from others. as i mentioned to him, for a very long time, that regardless of what we see in here on the stand, it it is those documents that they are banking on the jury coming away with and saying, aha he's guilty of these two counts. are these two issues that the prosecution is bringing their case on. >> as we keep saying, it's up to the jury and let's see closing arguments, whether they've connected the dots enough but two things. >> one, there are other witnesses who were not hostile to donald trump, who testified,

hope hicks, who described trump as someone micromanager and said michael cohen would not have gone rogue. that was not he wouldn't have done this without permission. david pecker, who called trump, his mentor, and said he wanted to be the eyes and ears of the campaign to help him. so i'm sure the prosecution will bring those back. i just wanted to go back to the document and i'm going to give this one to laura because they've been texting about it bill, you keep pointing to the weisselberg rights, but as put it up, because as you talk about it tainted by the fact that michael cohen apparently not immediately admitted that there was some money for a company called red finch. i think it is 50 or $50,000 and rough finch got 20 and michael cohen admitted on the stand under oath that he kept the rest.

>> it's stealing that said, as we like to say, two things can be true at the same time. so laura does that take away from the rest of the document that does lay out this case? of donald trump, who never likes to pay any money, let alone doubled the amount. and here he does that to make michael cohen whole on taxes going further. >> and doubling up. >> well, let's show the numbers. i think it's really important because first of all, you're right. it can be true that michael cohen was stealing. and here is just an evidentiary party that he has admitted the reimbursement payment comes down to make it green for a second? yes. you see here, he only paid the company 20 $8,000. simple math tells you $30,000. he took home. remember that they doubled this amount to one at and then they had the bonus of 60 $66,000 the fact that you

could think that the entire document in the entire weisselberg note would be discredited because michael cohen himself padded the amount it does not undermine fatally the prosecution's case that they are alleging that donald trump paid or through a reimbursement to michael cohen a sum of money believed that he was going to reimburse him for a payment to stormy daniels and further and they're trying to hide that from the public's eye, not reporting it, and perhaps possibly in a conspiracy as an underlying crime. if you're quibbling over the padded amount that we're talking about? that can still go to the jury as whether or not there was an intentional act committed without having to go into details, an under counting the entirety of this, again, it's very important to consider this. we're talking about, and this is credited park 20,000 or 30,000 times two. but what about this? the question for this jury is going to be whether the prosecution he has made their particular case that in all of it that

they were doing and all that they were endeavoring to do, that they had two was there an intent to defraud? there has been testimony about the intentional act, knowing that they were trying in some way to steal this from the public view, the intent to commit another crime this is the part that's going to be the biggest issue here for the prosecution, and we're still waiting to figure out what is the specific crime they're going to be talking about. but also, again, look at this one. did donald trump make or cause a false entry this is the important part to prove about michael cohen was there a direct decision or an instruction by trump to cohen to do just that. and remember, there can be a jury instruction on this very point where they talk about this issue of what he could say and it could be the idea of saying to them that he had intentional aiding. did donald trump's solicit or request or command improper? in importuned, or intentionally aid. that's where the question before this jury that's why the argument that could be the

achilles heel, not whether michael cohen patted on top was already paid, but but dana and i agree with laura and i agree with jamie. i don't agree with lani with all due respect it is ludicrous to say that michael cohen's credibility is not an issue every witnesses credibility is at issue, and the man told this jury under oath, i stole 60,000 from my client they will factor that in. and i don't think if viscera rates the alleged weisselberg document, but asserted really tainted. and when you listen to lanny, when he goes on these filibusters, it's kind of like saying that mrs. abraham lincoln, after the unpleasantness at the ford theater i know there was some trouble last night, but how was the play there? it's just totally lost that a lawyer stole money from a client in the world of attorney missing deeds that first-degree murder are equivalent, and then he said, well, i got short order, my bonus was self-help. go down to your bank when they overcharge on a fee and rob

them and say, i was unhappy with the fees. this man's credibility, he's not on trial. this man's credibility is at issue, and the prosecution frankly there are strong career prosecutors. they dropped the ball on this one because they let a lot of this come out on cross. they should have read land his book that says, when you have a problem, tell it early, tell little until yourself, kindness, play, show everyone for a second on this. i know here make this point. what michael cohen actually said about this issue when the prosecution then asked him about the stolen my logo to the tablet for a second, please, because that been on the redirect when the redirect happened, the prosecutor asked, why did you take that extra 30,000? why didn't you just put 20 down on the list instead of 50? michael cohen said, i was angered because of the reduction in the bonus. so i just felt it was almost like i can self-help. i wasn't going to let him have the benefit this way as well. and again, 103,000 to have my bonus cut by two-thirds was very upsetting to say the least. and so

they're going to have as a jury to figure out whether that is efficient reason to say, look, okay. he stole from the trump organization. so now he is a liar. a cheater, and now a thief. is that going to be enough to rehabilitate him in the jury's eyes as a quote, unquote, innocent explanation. that's part of the discussion, but if that's the oil and the case is hitting on, the prosecution has has a uphill battle as judge grass so was saying yesterday, he was in the courtroom when this was happening. he has been a great to retired judge she's been coming on our air and explaining and he said that the moment about these stealing the money sort of fell flat with the jury. so i mean, we've been talking about it extensively if the jury is following the judge's directions and not watching news coverage, which we hope they're not. and over the next week, we hope they don't we don't know how much that is going to play into it. obviously, this will be front and center in closing arguments, but i it's still think that as jamie said, is we've all said we don't know how the jury processes any of this, but thinking back to all the witnesses, madeleine westerhout, the former aide to the president who cleared

michael cohen in. so many other witnesses who are friendly to donald trump, who weren't hostile at all. so at the end of the day perhaps it's good that there's this pause here because it really, i think level sets all the witnesses when the jury walks into the jury box or the jury room rather, after hearing the instructions next week, everything is equal. what just happened a few moments, you is perhaps the same as hope hicks. and i think that's what we have to keep in mind. and that's also going to be up to the in this case the prosecution, when they make their closing statements. >> let me just try to argument the bottom line. this i think lady davis is correct that those handwritten notes are very important, valuable pieces of prosecution evidence. and what they do is they corroborate, boost up michael cohen. they narrow the gap that michael cohen needs to bridge within his testimony but that gaps still exist. i think lanny is suggesting the gap is zero, then you could extricate michael cohen, pull him entirely out of this case. and the jury can still convict. i disagree with that. virtually every lawyer i've run that

question by including norm eisen, who has his leanings in this case agrees you cannot pull michael cohen out of this case and still convinced. so the prosecution has done a very good job of narrowing the gap that they need. michael cohen, two bridge, but they still need to trust him to some extent. okay. today? ac two and the donald trump hush money trial concludes. it does set up the final test at three closing arguments that is going to happen a week from today, much more cnn special live coverage, because ahead riyadh says new album is breaking records gets to say what country is comey country. >> bianna, say nashville's renaissance. monday that aid on cnn i still can't believe he's gone his past few days has been a whirlwind. there's so much to arrange. i just wasn't prepared no. >> butch or mother was yeah.

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caitlin polantz at the federal court in washington and this is cnn welcome back to cnn's a special live coverage this morning. when we saw the defense resting without notably calling donald trump to disband despite what he said for this trial got started, that he was going to be testifying is the end of the parade of witnesses, a trail that included hope hicks photograph, madeleine westerhout, keith david david pecker accountants records specialists, michael cohen, a cspan executive event. >> and it all set us up for the closing arguments clash. >> that is now slated for one week from today. next tuesday, when the jury is back in the room, we have to legal experts who are joining us, new york criminal defense attorney arthur aidala as, well as karen friedman, agnifilo, who is the former chief assistant district attorney of manhattan. and of course, as our viewers know, is

of council for a firm that represents michael cohen. but she does not have contact with them and doesn't work on his case and can talk freely about this cafe. let me start with you because we haven't heard from you today on just what you have made the last wild ending of what was already a pretty wild trial i think the calling mr. costello for on behalf of mr. trump as their only defense witness. >> really backfired. >> i don't think it had the intended effect that the defense thought it would have it really highlighted with email corroboration on redirect, especially, i'm sorry, on cross it especially really highlighted the pressure that michael cohen was under at the time to not cooperate and to not flip. >> and i think it actually corroborate michael cohen and the jury is going to wonder this is the person of everything you heard that you decided to call. of course, the defense doesn't have to call any witnesses, but they could have called. i think they're going to wonder where is the

bodyguard mr. schiller, right? why didn't they call him? why didn't they call allen weisselberg to people who in their mind, i think they would think are favorable to mr. trump instead, he calls mr. costello, who really came across as a shady attorney in my opinion. so i think it backfired arthur, you're you're standing outside the courthouse. what did you make of not just how castello was on the stand today, though, it seemed that susan hoffinger brought up some emails that were not flattering and also contradicted the idea that he testified to yesterday, which is that he didn't see michael cohen as a client. what it was it was pretty clear that he was trying to get them as a client look at this is going to be a case of like who do we believe? >> costello or cohen? costello is like a storied federal prosecutor working in the building a block away from us for years that he's been a criminal defense attorney. i mean, i don't know what he's doing mean it was like understand obviously it wasn't

the best day that he ever had people get nervous on that witness stand. we've spoken about that, but if you compare him this qualified lawyer who's been around for a long time and has a great reputation as a lawyer. michael cohen, who admitted to a sea level felony, kaitlan, a sea level felony, which the district attorney's office failed to show charge him with or fail to address why he wasn't charged for that. so you have a guy who admitted to a sea level felony testifying against the former president united states, on an e as in elephant level felony that's gonna be an interesting topic for summations. i think and obviously those rankings of felonies goh from a to e. >> that's why you're pointing out that that was that would technically could be potentially a c, but on what you just said about robert costello and his history, did during didn't hear any of that. i mean, robert costello took the stand. he told talked about the firm where he works

that he's been there for about seven years. the focus was not on his credentials or his background. i mean, what they saw was an irritated witness who was feuding with the judge and striking his own comments from the records and answering questions. even after the judge had sustained objections to those questions. so does the during three i mean, did they don't they don't see what you just talked about there no, but they also didn't hear what they heard from michael cohen over what three days or whatever of testimony of how long did you spend time in jail for it is it is a federal crime, is it a state crime? >> you lied to congress? oh, and by the way, you stole from your client, you recorded your client. >> i mean, you can't compare bob costello background and what the jury heard or didn't hear to what they heard about michael cohen's yeah. and of course, campi, neither bob costello nor michael cohen or the defendant in this case. and so i think that's what people looked at today, is i remember

said in court, that he was going to testify, but he often said it outside before courts started. and then very clearly, you know, one i think realistically who's covered him, expected him to actually get on the witness stand. but what does it say that he didn't feel the need to take the stand? >> i think he thinks that enough reasonable doubt was established through like the cross-examination of michael cohen in particular and other witnesses to distance trump from this crime and of course, there's gonna be a charge conference this afternoon at 2:15 with the judge where they're going to talk about what are the various charges the judge is going to give the jury and one of them will be that you can't hold live against the defendant for not testifying. that you absolutely cannot hold that against him. and so they will be reminded of that fact are there if you're the defense and you're going francis afternoon, which may not be yeah. go ahead or there

go ahead no i know you were you were you and i are in exactly the same page. >> i'm going to say that may be for the defense the most important part of the trial, and i don't say that lightly. because that's when the jury is given the rules of the game. that's where they are told what they can consider, what they can consider. that's when they are told that if they believe a witness's lying about one thing, they can disqualify all of their testimony that language is huge. and then caitlin, what they do is after they nail that down with the judge, hopefully today, if not, tomorrow, the next day, you use that language as much as you could get away. within your summation you want the jurors to hear the law that's going to come out of the judge's mouth after both sides sum up, you want to the jurors to hear the defense using the law for their advantage. and that's why today is huge, especially what can they can make? what can't they? they're talking about having beat the possibility of him being convicted of a

misdemeanor i don't know how that can happen because the misdemeanors already out of the statue limitations. maybe karen could enlighten us on that well, yeah. i agree. one you could respond to that in two but two as a prosecutor, what would be the one thing that you would want to get accomplished this afternoon in that pivotal meeting yeah. i agree for one i agree with with arthur that the misdemeanor is not on the table here. this is either a felony or nothing because the statute of limitations has run. so i don't think that will be submitted to the jury as lesser included offense. and look, the charge conference is very important. i think if if i, were the prosecutor, what i would be focusing on is what is what is the judge going to tell the jury about what the prosecution had to prove in terms of that this was done to aid or conceal, or cover up another crime because really

that's what's what's makes this a felony and that's an a critical element here. and i've want to make sure that the jury knew i didn't have to prove that other crime. i just had to prove there was an intention to commit a crime when falsifying these business records or when causing the falsification of business records that's the other thing i would want to make sure four is in the judge's charge. is that the jury doesn't have to find that donald trump actually made the false entry in the record just that he caused the false entry to be made. that that is enough. i would also want an aiding and abetting charge, which is under the law that's criminal liability for the conduct of another meaning that it's like the getaway driver at a bank robbery. how even if they never entered the bank or demanded the money, if you had the same criminal intent, which robbed the bank, you would be equally guilty. so those are the points as the prosecutor, i would want to come out in my

charge for the judge karen friedman, agnifilo, arthur aidala. thank you both for that. john berman, kristen holmes are back here with me and that is going to be a pivotal moment this afternoon. it's not going to be the robert costello show that we got yesterday where reporters we were cleared out of the room. the judge was giving into scolding. but what happens is that could be highly consequential i mean, it's like it's really could be the ball game here of what the jury hears next tuesday. >> and i they karen highlighted the two things that i think could be the sticking points, if not the sticking points, the center of this case, number one, the documents. how will the judge explained to the jury what they have to rule on the documents? clearly, donald trump, he and alter them himself. he didn't literally falsify them with his own hands. so what does it mean for him to have caused them? to be falsified? how will they understand that instruction for the judge? that's one thing i'll be looking for and the other thing is the campaign finance violation. if this was done in the furtherance to

cover up another crime and that crime is a campaign finance violation. how will the judge explained to the jury? jury this aspect of campaign finance law? so what will their understanding be about whether or not there was a campaign finance law, violet campaign finance law is tough to understand. it really can be and how it is explained to them could be decisive yeah. >> i mean, that's what i any single legal analysts that we've talked to has said that really it all comes down to what the jury instructions are. and so i know that it's going to be very technical this afternoon. i know that it's going to take a lot of time, but i do think that that's going to give us a better understanding of what exactly the jury is going to hear and how they're going to process the case because i know that we keep saying this. i know it's your favorite thing that we keep saying that it's all going to come down to what the jury decide. but truly, this is going to shape how they make that decision. >> what you said earlier was interesting that trump is does believe he'll be convicted at this point because what i had heard, maybe we could go is they were still counting since the beginning, du hung jury as

a when not if they didn't expect an acquittal ever at any point. i don't think but but they reviewing a hung jury as a wind, but still view that as as a win, the options here are conviction, acquittal, hung jury. they don't think he's going to get acquitted. the goal is that they hopefully get one juror and this is a hung jury, and that's obviously hope, but i do think that donald trump himself has braced himself for the possibility of a conviction particularly given the fact that everyone he has surrounded himself with or at least most people are constantly telling seeing him and that it is an unfair jury pool. and that is something we often see with donald trump when you hear something over and over again, he certainly thinks that as a possibility you can. >> the judge i mean, he the language he has israel, the judge, he repeatedly calls him corrupt and saying that he's conflicted, that he shouldn't, that he should throw this out. >> i mean, the judge, i've watched it multiple times. he bends over backwards to be fair to donald trump in greets him every morning. good morning, mr. trump. he has ruled in their favor on objections that they've raised with the

prosecution trump yesterday called him a tyrant outside of court. >> yeah. that may not leave good feelings for the judge as he's figuring out how to direct these jury instructions on the other hand, he has tried to play it down the middle from the beginning and i would anticipate that he does that go before. another thing i am wondering or thinking about as this jury processes this case is one of the things that had been proven really, really firmly as it were, right? story handles got paid i mean, i think the jury can leave this case knowing stormy daniel's got paid. there was a lot of evidence that she got paid for campaign reasons david pecker and others all testified to that hope hicks testified to that. so there are some things that maybe the jury can hang their hats on more surely than others. yeah. and they've got a whole week to think about it. we have much more from the court, but the legal drama in the political fallout of this dana bash will pickup are cell phone coverage, but they special edition of inside politics after this quick break, state check. we hear nothing. >> a space shuttle accidents,

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i need indeed. >> indeed, you do. indeed instant match, instantly delivers quality candidates, matching your job description visited d.com slash higher close captioning brought to you by guilt visit guilt.com today for up to 70% off designer brands, it has a designers that get your heart racing thing. i'd inside a prices new every day, hurry. there'll be gone in a flash designer sales at up to 70% off shop guilt.com today welcome to inside politics, i'm dana bash, the people of the state of new york versus donald j. >> trump is nearing the finish line today, the defense rested its case. it lasted barely two hours compared to the four weeks for the prosecution. the former president did not not take the stand in his own defense. his lawyers did call attorney robert costello was their main witness costello is a lawyer who tried to serve as an intermediary between michael cohen and trump after the fbi raided collins office in 2018.

now, the case historic case with consequences far beyond the courtroom heads to closing arguments, whether the prosecution proved that donald trump illegally falsified 34 business records to cover up a hush money payment to an adult film star that of course is four 12 new yorkers to decide i want to start with cnn's eyes and ears inside hi, the courtroom. kara scannell. kara, you have been front and center at a 100 centre street for every moment of this historic trial. let's start with what we saw it's morning this morning, robert costello, the defense witness, back on the stand, who is under cross-examination by the prosecution they were trying to undercut his credibility the defense team had called costello to try to undercut michael cohen's credibility. >> so one of the themes that cohen testified about was he said that he felt pressured by customers hello, to stay in trump's campi and that because of these emails and other

testimony that costello was looking to serve as a back-channel to the former two then president donald trump. so with cotton sell on the stand today that prosecutors trying to get at his testimony when he said yesterday, that he had michael cohen's interest in mind and not donald trump to mind when he was talking to him just days after the fbi had rate had rated cohen's hotel room, his home, and his office, and she asked him about his testimony yesterday, which he said he had michael cohen's best interests at heart. he said that that he did, and then she said, well, let me show you this email so she pulled up an email that costello had written to a partner in which he said our issue is to get cohen on the right page without giving him me appearance that we're following instructions from giuliani or the president. she asked casella at that and he said, it wasn't that he was acting on the former president's behalf. he said that he was acting because he was trying to help michael cohen. he said that he was trying we get cohen on the same page because cohen had been

complaining, of course, how old this lands with the jury is anyone's guess, but costello was the final witness for the defense. they only other for why it's called a paralegal yesterday to get in some phone records between cohen and costello because costello was really part of the defense's effort to try to knock down some some bit of michael cohen because he is those the heart of the prosecution's case. now, as you said, donald trump did not take the stand and testify. the judge said closing arguments the tuesday of next week, when we go back this afternoon, they will negotiate over what the judge will instruct the jury on the law. that is a bit in the weeds. it's very technical, but it's very the important to this case, stand up and sure. as you mentioned, the jury, kara, because we are not in the courtroom and we don't have cameras in the courtroom the question that we're all wondering is, what was the reaction today by the jury, particularly as a castello was on the stand yesterday, there were these fireworks that happen outside the presence of

the jury with the judge losing his patients with costello today, a lot of the the tone was the tone is lot different. >> costello was responding to the questions, but the prosecutor was peppering him and at one point, she was using some of the words costello used against tim throwing it back at him saying the email speaks for itself and she was confronting to him. >> i mean, at one point i did see two jurors kind of exchange smiles at each other when there was laughter in the courtroom but they, for the most part, have just kept poker faces that they've been taking in all this evidence over the past several weeks. all right. cara. thank you so much for your excellent excellent. that work. thank goodness. you're there for us. appreciate it joined now by our great political reporters and legal minds. >> cnn's david chaldean and jeff zeleny. jamie again, go, laura coates and elie honig. i want to start with the lawyers and i want to talk really big picture. but before we get to that, let's start where carriages left off, which is with costello la i'm going to

start with you on the notion of whether or not castello ultimately was a good move or not a good move when it comes to the defense's decision to bring him at all, it was a terrible move he accomplish next to nothing of use for the defense. >> all they accomplished is that michael cohen at times said that he acted alone on the stormy daniels payments. we know he's had said that he has said that in many other contexts, we did not need bob costello to establish that on the flip side, the prosecution turned them into a prosecution witness. he really, through that cross-examination. it was driven and hold that there was this effort to keep michael cohen in line, to keep him from flipping and his performance was dreadful, right? he clearly alienated the judge. i think it's quite clear that the jury picked up at least some of that and as i've said before, you could have if you're donald trump's team left the jury with a week to marinate and think about michael cohen, who live who stole, who, who did who, who has a financial interest in this case. and

instead now the last thing they're going to remember is bob go costello i think is a huge mistake. >> and we should also say that our reporting is but was real time when they were deliberating, was that there was a split among trump's lawyers about whether to bring him up. it sounded like maybe it was less of a split among the lawyers and more of a split among lawyers on one side, the client, donald trump on the other, and donald trump went out in politics, maybe an audience of one works. but when you've got 12 jurors, that is your singular focus. and you've got the other alternatives as well. the decision to not have the jury go out thinking, i don't trust the prosecution's case. i don't trust their witnesses. i don't know about the documents. and instead now think themselves. >> i don't like a defense goodness. i don't believe what they have to say. >> the documents are supporting who they told me not to believe that's not what you want to be in the defense. and remember at the end of all of this, they've got about a week to deliberate these things. this will come down to a documents case. normally, we're thinking about the number 270, talking about donald trump where a

presidential candidate no, it comes down to 30 34 different counts, 34, very important documents, 34 business records, instructions are gonna have to give them to tell them how to think about and contextualize it if i were the prosecution in this case, i would feel very good that yesterday was not the day that we ended. they didn't end on michael cohen, but then instead are ending on this man for castello, if i'm the defense, i'm wondering, did i commit a grave legal error in the sand? not in terms of malpractice, but a grave legal strategic error by saying, you know what, i'm gonna gamble, that this jury thinks so little of somebody who's involved in the crime in the past or as lied, that will overshadow everything else. that's a huge gamble. i wouldn't have made fair challenge. we haven't heard from you yet today. what are your thoughts on how this wrapped up? of course, when i say this, it is the witness phase of this trial. yeah. >> and i think we are moving phases now from obviously we

will await summations and closing arguments and we'll follow the judge's jury instructions and wait for a verdict, but we are moving to the phase of pure politics now because we're going to learn whether or not donald trump is going to run as the republican nominee for president as a convicted criminal or not. and whether or not that matters or not to voters. and i flew from new york this morning. there was a clear morning and the plane went around the island of manhattan perfect picture. i have sitting there thinking, as i'm like, following are court feed sitting there looking at that as 1.6 million people on this cramped island that i could see. so crystal clear and 12 people are now going to tell us the answers to these big, the biggest questions we have about the state of this presidential race so far i mean, we've spent a lot of time talking about what does the jury thing about michael cohen, what are they think about him being a liar? but i think about him ceiling what it matters is what does the jury

think about donald trump? he is the defendant and we have learned a lot about donald trump in the course of this case. i'm stuck by the red finch thing. >> this is what michael cohen was talking about, essentially stealing from trump by goosing the bill on that. >> but he was doing it for tere's trump's image on this online poll. but i remember david pecker at the very beginning. they were doing an online poll of enquirer readers should he run for president. so it puts so many pieces to the puzzle together that we've all followed blow by blow over the last nine years or so. but to me, what is the jury think about donald trump as he's been sitting there, apparently sometimes with his eyes closed, sometimes not. they've heard some friendly witnesses, hope hicks was crying on the stand. madeleine westerhout. so to me, i think the jury probably does not think as much about michael cohen as we all do, and we're talking about them as we are here. but what do they think of donald trump? that's what this

comes down to. >> jamie. i again very curious about the judge's instructions on the law because i'm still not sure after all these weeks that i understand the new york state law. >> but i do think jurors use a lot of common sense. i think there's usually a judge will tell them to use them they're common sense. we have yes. the documents? yes. michael cohen. you also have the audio tape up between where michael cohen recorded donald trump, where he says what will pay in cash and michael cohen goes, no, no, no no i think that the closing arguments will crystallize a lot of that. i do wonder whether the jury is going to wonder where is allen weisselberg? >> because he's the guy who's handwriting is on there. >> the prosecutors didn't call him, but the defense didn't call let me either i don't think we quite know yet what the judge is going to do about

those attractions. i want to go back to. i had a chance to interview one of the jurors who was dismissed early on. a potential jurors. and it's still strikes me to this day, her comment what it was like when xi sayyed donald trump, the former president in the courtroom, and she said he was just a regular guy? yes. >> just suggest some guy and i think that is very pression for how i think ultimately a jury, who has been with him now for weeks on end. >> yeah. are going to be doing guess he has a larger than life figure. yes. the former president in states he's also the defendant in this case. there is an an era, an aura of lessening every single day he sits there and otherwise non-descript courtroom like any other defendant at the end of all of that, you have to wonder, are they going to be the pro collectors that people thought? but voters were when you talked about access hollywood tapes and beyond and everyone thought that was the end of them. there's no way he'll become the present. i'd say it's was fine that jurors are not poor clip protesters. they've met these guys before new yorker hustlers. they've

met cheaters, they've met liars, they've met people who don't want their wives to know something they may be those guys in some way, or they may be people who say all right prosecution. were here. and that is a former president is that what you've got an elie i wanted to just sort of narrow the aperture just a little bit just to give one example of something that happened in the testimony of michael cohen that begs the question of one of the prosecution's arguments and part of the prosecution case against donald trump. and this is about his involvement in this and why he wanted this payoff. hoffinger, who is a prosecutor as part of your work at the trump organization, did you feel that it was part of your job to keep them updated? but in matters that you were handling for him, cohen? yes. it was actually required. tell us what you mean by that. cohen. when he would ask you when you a task you with something, he would then say, keep me informed, let me know what's going on. and he was saying what everybody did is as

soon as you had a result, an answer you would go straight back and tell him, especially if it was a matter that was troubling to him and it elsewhere, he was talking about how this particular problem that he saw as a problem of stormy daniels potentially going out and telling the story was going to make women hate him because it is going to hurt women's view of him specifically when it comes to the campaign. yep. >> this is a good example of why michael cohen is the key link in the whole chain here and the chain of liability that laura was just talking about. >> if all that donald trump knew was we're paying off stormy daniels. >> i want her quiet it's because of the election that's not a crime under the law. that's been charged here in new york. they have to tie donald trump to the accounting, to the falsification of the business records. >> and the only one who can directly do that is michael cohen through conversations like the one you just showed down or there's several other points in his testimony where michael cohen talks about those conversations. >> now the jury is not going to

have to evaluate that in a vacuum because he does have substantial backups, substantial corroboration. we've seen some of the handwritten notes. i don't think they get them all the way there, but they help. we've seen full records and that kind of thing and that's the whole ballgame for prosecutors giving him as much support as possible before we go to break because this is n-type politics and have our political director here. i'm going to take it advantage of that. >> we've talked often about polls showing pretty consistently that if donald trump is convicted, there is a group, not a huge group, but there is a group of voters who support him now and say they wouldn't if he's convicted is there anything that we know about the opposite whether or not if he is acquitted or is not convicted or whatever happens hung jury, just in some scenario where after this he's not convicted, whether it will that question, whether it will pull support, whether people will say, oh, yeah let me cards on the table. >> i'm a little dubious of this poll question to begin with asking people if convicted. now tell us, i think voters will actually come to

those conclusions when world event yeah, that makes some a little dubious about the prediction of behavior i mean, i guess you should be doing suppose all. >> but i prediction or behave like that's a snapshot in time, but i don't recall. i don't recall seeing a question asked if he is acquitted or if there is a hung jury, how might your vote beam? >> it's unknowable on a pole because what if he's convicted of some and not yeah. >> yeah. yeah. you can't do we haven't seen it the jury instructions yet, so the political equivalent of that mu is different. so i think it's impossible to know that as a possibility that there's 34 counts, but the jury, they're not getting one question that says, you think that four and $20,000 was paid, ghraieb, this person as reimbursement. it's 34 counts invoices, ledgers, personal checks they may say i can tie in good dots to donald trump on personal checks, but i cannot. and voice of michael cohen, somebody who's already fudge those. this could be the split decision yeah. >> all right. everybody coming up all of the latest much more of the latest and the trump hush money trial and a split

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is regularly used to reference third reich another term for adolf hitler's nazi germany from 1933 to 1945. cnn's alayna treene is following the story. what is the trump campaign saying about why, first of all, this happened, why it was put on his social media, and then why it was deleted. >> well, then other trying to distance themselves from it, they're claiming that this was not a campaign video and that it was shared by a staffer, wild donald trump was in car. i'm going to just read for you what exactly the trump campaign spokesperson, karoline leavitt wrote. she said, quote, this was not a campaign video. it was created by random account online and reposted by a staffer who clearly did not see the word while the president was in court. now, one key thing we did not here from the trump campaign and was not addressed in a statement is one why it took so long to be deleted. so this video was posted or shared, i should say yesterday afternoon and it it was not until mid-morning that we actually saw it taken down

and that came after both cnn and other outlets had asked the trump campaign, why have you not remove this? and we heard no word from the trump campaign on that. and look, i do want to show you a clip of this video because i mean, it's stunning and i think it's pretty remarkable to see what was shared and essentially it features ima images of hypothetl world war one newspaper articles. i'm celebrating a 2024 victory for donald trump. and you can see there it says, quote, the creation of a unified reich under the headline what's next for america. now, we did here pretty swiftly from the biden campaign and the white house shot carplay criticizing this. here's a quick statement from andrew bates, a white house spokesperson. he wrote, quote, it is important, sickening and disgraceful for anyone to promote content associated with germany's nazi government under adolf hitler went on to say, any anti-semitic dog whistling is dangerous and offensive and profoundly un-american. we also heard from

white house spokesperson or excuse me, press secretary karine jean-pierre, who says that she expects president joe biden to address this directly. this evening. and then i do just want to put a very clear point on this, which is that donald trump has shared anti-semitic tropes before, particularly when he criticizes jewish american hurricanes for voting democratic. we've also seen him use anti-semitic rhetoric in the past, including when he talks about immigrants are poisoning the blood of the country are referencing his enemies as vermin. that is language that has been compared to adolf hitler. and so this is something we have seen before, but definitely there are pushing back on dana, lana. thank you so much. much for breaking that down and explaining what happened thank you so much. let's talk a little bit more about this. jamie gan, gail i'm just looking back because jim sciutto did it did a piece or colleague in march 2024 in which he quotes for his book

from general kelly, the former chief of staff, with alleged praise for hitler, where trump allegedly reserved some of his most unnerving praise for hitler, quote, he said, well, but hitler did some good things. and i said, well what this is general kelly, and he said, well, rebuilt the economy luck, the problem is, there's a pattern here we're do you go back to charlottesville with good people on both sides to not taking it down immediately, letting to these kinds of comments from a former chief of staff. this is not okay. >> there's absolutely a pattern and whether or not the former president, of course he's not a fully in charge of his or paying attention or proving everything on his social media feed. but as alaina said, it was up there for a very long time and it really doesn't matter. i mean, the point is this has been

firmly injected into the campaign injected into the bloodstream, and it's something that has served him. well from his view about the history of this with general kelly, i think is the reason why this patterns of problems and i remember back in 2016, i think we have this there was a post that went up attacking hillary clinton. and in that attack, you see history made and you see the star there. most corrupt candidate ever. and then it was edited with a circle. and i remember dance convened at the time saying that they took it off of a website where that was a sheriff's badge and it was in no way a jewish star i mean, it looks like a jewish star to me, but maybe a sheriff's badge look similar, but the point is the one there's a powder mix lent days for lunch. i mean, it goes on and on just from a take. all the important stuff about this and printed side for a moment as to why this should never be shared and obviously

should never have gone up in the first place from a pure political point of view on this they're taking it down. i think also reveals something very real, which is that the trump campaign, i know we talked, they thrive on controversy. they'd like to feed on it. they like when things get outrage in the mainstream pass and then they can play it up for donations and echo chamber media on the right this trump campaign, the one run by chris lacivita and susie wiles, they see this as a problem. this is this kind of stuff goes directly against their strategy of the kinds of voters that they are trying to woo to make them taking a bit too. well, take it down, whether or not it's a well-oiled machine is another thing. i'm not going to get into that from the actual strategic place of this actually goes against what they believe are their political goals as well here. so it's not just like, oh, yeah, this will work for the base. the high command of the trump campaign thinks this does not work for

them, but it speaks pretty honestly with that pattern to what the candidate has regardless of what his current i'm not making excuses word i'm just saying i think in another era, we may have seen this even live online longer. again, it never should have been there. yeah. alright, everybody standby 20 days of testimony next the big moment that could make or break the prosecution's case, stay with us an alternative to pills ball terrane is a clinically proven arthritis pain relief gel which penetrates deep to target the source of pain with non-steroidal anti-inflammatory medicine directly at the source, volterra the joy of movement everybody wants super straight, super white teeth. they want that hollywood white smile, new censored in clinical

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you called yourself the “un-carrier”. you sing about “price lock” on those commercials. “the price lock, the price lock...” so, if you could change the price, change the name! it's not a lock, i know a lock. so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. with the oraa ring i'm mj lee at the white house and this is cnn 22 witnesses and reams of

evidence, the jury in donald trump's first criminal trial, we'll head into deliberations next week with an enormous amount of information. luckily, cnn's elie honig is at the wall, two synthesize what we have seen and what you think la brenda hear from both sides as they give their closing arguments. well, then we have all collectively been in this trial for over a month and now the evidence is closed. >> so let's take a couple of minutes and go back through the key points that both sides i think are gonna be stressing on closing. first of all, starting with the prosecution. it's important to understand in order to understand this crime how the actual we'll payments happen to stormy daniels first, michael cohen paid stormy daniels $130,000 of essentially his own money. he paid her about a week and change before the 2016 election after the election, michael cohen was real embarrassed. a total of $420,000 from donald trump and the trump organization. and those payments were styled as legal fees, retainers. now, michael cohen is the key

witness for the prosecution here. he testified in a way that directly links donald trump to the payments, for example, at one point michael cohen testified that he meaning trump, expressed to me just do it, go meet up with allen weisselberg, the cfo and figure this whole thing out now the prosecution though, is going to say to the jury, you don't have to believe michael cohen in isolation because they will point to documents that support michael cohen's testimony, including several pages of handwritten notes that lay out how they were going to structure that $420,000 payment, not sure. you can see it here, but these are handwritten notes from inside the accounting parathas at the trump org. where they arrived at the $420,000 figure also, prosecutors are going to say, look at the actual financial documents, look at the checks, some of them signed by donald trump himself with that distinctive handwriting, the invoices which say retainer, meaning in legal fees. and so that is the heart of the criminal case put on by the

prosecutors are going to say michael cohen plus the documents should lead you to a conviction. now, here's what the defense i think is going to argue. first of all, they're going to say they poked holes in key parts of michael cohen's testimony. for example, michael cohen testified about this one phone call on october 24th, when he said he called to discuss the stormy daniels matter and the resolution of it. now you may remember this from earlier this week or last week, there was a key moment where the prosecution suggests that that actually that call if you look at the text was about something else, michael cohen was getting these harassing texts from a 14-year-old kid and the texts that lead up to that call are all about the harassing 14-year-old kid cohen. text keith schiller, who can i speak to? schiller says call me then the call happens. so the defense is going to argue that that called it not happen. certainly did not happen as cohen described. and then the other big point that offense is going to make is michael phone admitted straight up. he stole from the trump board. he stole from part of this $420,000 payment. therefore, the argue

donald trump really did not know what was going on. how could he know if michael cohen was able to steal money from him during it? so then there's a couple of minute preview of what i think we're going to hear when the parties come back for closings next week, i'll throw it back to you and legend never three new york defense lawyer ron qb, i think is standing by you really good at that lie for a living. >> now, i do want to thank you for the preview. i do want to bring in ron qv, who is at legendary criminal defense attorney. thank you so much for being here. first, let's start on the defense and how the defense finished this morning. what do you think about the decision to call robert costello and call him last obviously was a bad decision robert costello did not add anything just and came off as hostile, nasty, combative, and untruthful within that though, i think his actual testimony is less important than we might make it out to be just it's the most recent thing that's

happened. so i think we give it a false sense of importance. >> i think the fundamental problem with robert costello was a witness is a problem that affects the entire case here, which is four four-and-a-half weeks, we have heard from grifter is and liars and crooks and thieves, and just slimy people doing cruddy things. >> and they are all donald trump's people from costello down to cong, down to pecker and you come away with the sense of this is just not how honest people do business so if a juror said, after this course of deliberations, gosh, who would believe that donald trump would be associated with this? the answer is all of these are donald trump's people prosecution didn't pick any of them. donald trump picked every single one well, that matter,

it's not it's not to post a matter if the jury deliberates and decides based on this specific instructions which will no doubt be about the 34 counts, and whether or not on each count, donald trump get based on what the jury heard is guilty or not guilty, how do you think that the defense did with pushing back against overall against the prosecution's case cases i don't think they did a terribly good job. >> what they have basically tried is a reasonable doubt case. and what i expect the defense to lay out, are all the points that the defense believes that they scored. and referring to each of those who says as reasonable. here's one, here's another, it's almost like those little cartoons when we were young, you would circle the rabbits on a cartoon page that i think is what the

defense strategy is going to be. unfortunately, as one judge notably said, a criminal trial is not a search for reasonable doubt. it's a search for the truth so i don't think that events did well, i think the prosecution's case went in remarkably smoothly with only a couple of hiccups and, you know we'll see obviously what the jury does, what what affects us is may well not be what affects individual jurors and the jury as a whole. >> and of course, you know, far better than i that all you need is one juror to separate him or herself from the rest of the pack. and there could be a hung jury, which of course is not an acquittal if that happens what would happen next donald trump's team has said that a hung jury would be a victory. >> and that's a nice thing to say. but what might very well happen next, especially since

trump's other criminal cases are on par us and todd blanche's and required in any of them is the judge could schedule a retrial for joel or it could scheduled retrial for august while ago in front of judge cannon. i believe it was todd blanche said he's available august 12th. so that would not be a good thing for donald trump or the fence. it's another example of be careful what it is you wish four to one thing to help in this trial. it's another to actually want trial such a good point, all of them. thank you so much, ron. nice to see you. appreciate it. >> thank. you so much glad to be here and up next, talk about a birthday surprise. >> how arizona officials solve the mystery of where in the world is rudy giuliani? >> and they've got him in an arizona court today. >> we will explain after a break make your first move with

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70% off designer brands has the designers that get your heart racing had inside a prices new every day, hurry. >> there'll be gone in a flash designer sales and up to 70% or so of guilt.com today might have been 1:00 eastern, and it is already been a major day of legal developments in trump world this morning, of course, as we've been talking about testimony wrapped up in the former president's first criminal trial and any moment now to former trump attorneys and several alleged fake electors will be arraigned in phoenix on state charges, criminal charges for their effort to overturn the 2020 election results in arizona. that includes rudy giuliani, who was officially served at his 80th birthday party last friday after weeks of an odd game of cat and mouse. >> there he was at his birthday party posting online. elie honig, where he was so he gave a bit of a roadmap to people

trying to serve him. yeah, that's where he was not the most impressive work by law enforcement authorities in arizona, by the way, he's not that hard to track them down, but now they have served him and he has to appear in court to fight this case. this is rudy's i believe i'm counting right second, pending indictment. he's indicted in georgia as well. it's been listed as a coconspirator, unindicted in jack smith's federal case. so rudy's legal problems just keep piling up. i mean, even move it beyond the criminal world. he's been hit with monstrous civil verdicts, including something $140 million plus for defamation of the two georgia election workers, shaye moss and ruby freeman. he has still he still a defendant in the defamation cases filed by the voting rights are not voting rights. the voting technology company smartmatic, dominion so he's been, he's lost his law license he's got all sorts of problems. i don't know what the endgame is here. he's been putting it off, but sooner or later is going to have to show up and take accountability and lara beyond rudy giuliani, this

case, that's happening in arizona is happening in a very very important swing-state in 2024. >> and is going to already, and it's going to continue to highlight what the trump campaign allegedly did in 2020. we're now talking about about 50 defendants over four states involving actions taken, trying to show erroneously, illegally that donald trump was the victor and then place he did not when arizona, you're talking about defendant's who are charged, all of them forgery conspiracy, fraud, all trying to establish that he in fact was victor. >> he was not. and there's no evidence to the contrary to support that he infected whim this is so important because we look at all the people that have had to move, whether it's michigan or georgia, or even arizona, there have been some who've already pled guilty to the actions. one person who's a codefendant his case now is election integrity of council for the rnc. another person i think is involved in the campaign as well in some degree, there's so many people

who are still very much active in the political world right now. and the consequences of this extraordinary, the end the day. remember this is the former man who was called america's mayor. this is somebody who has elie talked about is an attorney people who knew better, people who are taking actions to undermine allegedly the integrity of our elections. and here we had yet another state and an important one. it's swing-state. remember rusty bowers who was the head of the republican party in arizona, who famously spoke at the hearing for the second impeachment. and these are january 6 hearing when it came for donald trump and and under congress, he talked about his moral compass. he talked about his inability to go along with what they were trying. >> and he pointed out to me on trial yeah. you said he's an attorney, i guess he's always an attorney. he just does not a practicing it's not allowed to be license is suspended. he can appear in court, quotes, don't don't go anywhere because we have a lot more to discuss including something important happening in the state of georgia today. >> don't go anywhere welcomed

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1807123800 and raphael roma at the georgia state capitol in atlanta. >> this is cnn before the break, we were talking about another trump-related case in arizona. >> we're also watching the state of georgia tonight because fulton county district attorney fani willis is actually up for reelection today. and that of course, comes as she fights to move forward with the trump election interference case. in georgia i am at a point where i need fulton county voters to get out and vote. >> i need people around the country to support me. big and small to say that we are going to be a country that still believes in the rule of law. we are not going to allow people to be attacked while they do their job. it doesn't matter how many times they attack me. i am not going to be broken and i am going to still be standing here doing my job lawfully jeff zeleny, what do you what are

your thoughts on this moment in time with fani willis, who has become such a lightning rod for the republicans that obviously she would say fair to say she has a lot of support from the democrats are going before voters today. >> look, she's in a democratic primary today. she's running against a white smith. she's largely expected to win this democratic primary. and then she faces a republican challenge in the fall also likely expected to win that. but look, it is just a reminder of what happened to the georgia case that once was going to be potentially the big case for the former president on camera, which georgia state law allows before the election. that now is not going to happen. of course, the judge also in this case, judge mcafee, also going before voters. so again, a reminder that a georgia law, like many other states, the prosecutors are elected officials and the judges also have to stand for a retention. he was appointed by republican governor brian kemp. but look what this has happened in georgia is still a battleground state presidentially speaking,

it's not near the top here. it's not one that president biden has to win to hold on, but we'll be watching that tonight. she is expected to win, but a reminder that this case likely not going to happen, but for november, which is significant. >> and david just infused kinda take a step back, obviously, new york, that's local case, not a federal case. we. just talked about arizona, where donald trump is not being prosecuted if people ended around him, are and then we're talking about georgia where he definitely is being prosecuted. never mind the federal cases that are on ice for various reasons talk about this moment, not just in history, but in the campaign as you were in these last two segments, like looking at the arizona stuff, looking at this and then of course, following the trial today, it is amazing to me how much of the campaign story is about the past. >> it's about the 2020 election case in new york talks about the 2016 election. and it is all about the past donald

trump himself is still out there as he did in minnesota on friday night, lying saying in one minnesota, he didn't today didn't interview in pennsylvania, leinz saying in one pennsylvania in 2020, he didn't you have these fake electors you have this case in georgia where these folks are up for election that are involved in it, but that is a about the 2020 race. so much of what we are focused on in this campaign season right now is about the past and not the future. >> ten second button. i'm thinking about jack smith and waiting for the supreme court decision on immunity. >> that was the case we thought was going to go first that's very well said. >> thank you all. >> thank you all for your insights, for your reporting, for your friendship. >> you for watching inside politics cnn, news central starts after the break yeah, dp disrupts cid p derails. >> let's be honest stocks but living with c idp doesn't have to. when you sign up at shining through cip.com, you'll find

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