t food. it's amazing what real food can do. >> bill: here we are and what it is, ms. perino. cohen confirms he told multiple people trump knew nothing about the daniels. don't know what this means. >> dana: one of the things is it's different from when i started doing press work with sources like a michael cohen. there was a phone call. maybe you were taped, usually not. now there are text messages and it changed a lot and it turned things last friday for michael cohen who is on the stand right now as cross examination continues but expected to end today. >> bill: he is in the batter' box as you would say and brad smith is in the on-deck circle. >> dana: harris faulkner will take you through the next hour. here she is. >> harris: you know this case is

epic because it hinges on the testimony of one dirty lawyer who lies so often he went to prison for it. a brand-new hour of a day in court which is inching us closer to a conclusion in the case of former president donald trump versus new york. the prosecution's star witness michael cohen on the stand, day three of withering cross examination by trump's defense team. he was trump's attorney and fixer, michael cohen. now the lawyers for trump are pounding cohen's credibility. and when his testimony ends, i will have one question, can the prosecution fix the fixer? i'm harris faulkner and you are in "the faulkner focus." we were anticipating this week to be the final stretch in trump's new york criminal trial. his attorneys say they expect to wrap up their questioning today. could be at any time. then the prosecution can choose to ask cohen a second round of questions. he is their final witness.

after that, if they choose to do that, the defense then presents its case. former commander-in-chief talked on the way in today. >> you saw over the last four weeks, most of it should have never been brought up. then on top of that there is no crime. we go on day after day and -- i tell them sorry, i won't be able to make it. i'm sitting in an ice box. >> harris: eric shawn is live outside the courthouse. >> well, it turns out he not only lied, but also stole money from former president trump. in cross examination, michael cohen exposed as a thief today. >> this case should be dismissed and should have never been brought. the judge is highly conflicted. he is a corrupt judge. he is highly conflicted.

he is totally corrupt. he is interfering with an election. >> trump's former lawyer michael cohen back on cross examination. trump's attorney todd blanche again elicited more admissions damaging to cohen's credibility that he stole money from the trump organization. testimony showed that trump paid cohen back for spending money to rig an online poll that favored trump. so cohen was reimbursed for $50,000. but guess what? it turns out he only paid the polling company $20,000 and pocketed the rest keeping $30,000 for himself. when blanche asked him if he lied about that, cohen said yes. meanwhile, president trump's lawyers want to call as their first witness bradley smith. he is an election law expert and former chairman of the federal election commission. smith said the payments to stormy daniels do not count as campaign contributions as prosecutors claim. but personal expenses.

that could undercut a key part of alvin bragg's case against the former president. smith has compared trump's case to the 2012 prosecution of john edwards. he faced similar charges of spending money on a mistress but his trial ended in an acquittal and mistrial and edwards got off. we don't know if the former president will testify at this trial but for the first time today, a large group of protestors who are against him converged on the courthouse. [shouting] >> those chants were heard on the streets, they were not heard inside the courtroom. about 30 of those protestors are still here mingling with some of the pro-trump protestors yelling at each other every once in a while but other than that it's quiet. no session on wednesday or

friday. the judge has set next tuesday, the day after memorial day, for closing arguments so the jury could get this case next week, harris, back to you. >> harris: thank you very much. i have the law on my side today and they are brett tolman, former u.s. attorney for utah and matt whitaker former attorney acting general and trump campaign surrogate. set this up. cross examination is about to end so we think with michael cohen. what does the prosecution do? they need to fix the fixer, can they do it is my question. matt. >> they will have a really hard time. he has admitted to really changing his story on the stand during this trial. i think today is probably the most important part, harris, because they had three days to prepare for this last bit of cross examination to really put a fine point on how michael cohen cannot be trusted. and has been lying for really

his entire career but especially during this trial in order to get donald trump in prison. that's what michael cohen want. he is a terrible witness. the fact that alvin bragg has made his whole case based on cohen's testimony shows you how thin this case is. >> harris: brett, how shocked were you to learn that he stole money from the trump organization? >> harris, thank for having me on. i will tell you finally i'm so relieved, i have heard someone articulate an actual crime during this trial. michael cohen very clearly articulating that he stole money from the trump organization. that is not the case they prosecute. instead they bring this case utilizing the person who has now admitted to multiple felonies on the stand. it is mind-boggling that's where we're at but hey, that is what happens when you put someone like cohen on the stand. you don't know what you are going to get. they will continue this until

they can no longer make additional points and then they'll move on to try to undermine the elements of the crime that the prosecution is trying to prove. >> harris: so i would imagine he had some sort of immunity, right, michael cohen, or can they go after him or would they even, brett? >> well, i think if they lose this case, i wouldn't be surprised if they turn the tables. i'm sure he has been given assurances that they wouldn't come after him for many of these crimes but if i were trump and he is acquitted, i would pursue it. i would push it and force them to make that hard public decision. >> harris: there are some public decisions that are going to come about. one of the ones was about this week, matt, that was working on wednesday. the judge seems to be indicating he wants to wrap this up for all intents and purposes before the end of this week. then as eric shawn reported they would have closing arguments after the holiday next tuesday. it seems like we're speeding up. is that good for trump?

is it good for the prosecution? >> well, i think it's good for trump and it is good for the administration of justice. the only person who wants this trial to continue on is joe biden. it gives him multiple days where, you know, they are trying to keep donald trump off the stand and campaign trail. but it is not helping but remember, donald trump has figured out the work around. has press conferences every day. before trial and after trial where he is able to deliver his remarks direct to the camera. plus he is doing a rally in new york on thursday, which is going to be an extraordinary event. when is the last republican presidential candidate that has done anything but raise money in new york city? i think that's a really smart move by the campaign. >> harris: let me just point out that it is not just new york where he is going. he is going to south bronx, matt. he is not only reaching for the new york vote, he is going to the heart of diversity in this

city, to the south bronx after going to harlem a few weeks ago. >> that's right. i think one of the biggest criticisms from previous republican candidates for president is they didn't go to certain communities and wrote them off. donald trump is willing to go to these communities and talk to them about the important issues like the high price of groceries and gas and crime and those are the issues that all americans care about and donald trump is going to americans and talking about those issues. >> harris: the color is not brown or black. the color is green. it is about the money in people's pockets. quickly we'll be together for the whole hour. we're setting things up here, brett. so you anticipate the cross examination will end. what kind of defense after -- if the prosecution chooses to redirect and ask a second round of questions for cohen, they can. what kind of defense would you like to see? >> well, i do think they need to

try to clarify the poor manipulation that's going on of the statutes in this case. it is very difficult to do though, harris, because the judge is going to really rein in any expert opinion or legal analysis because it is the judge that is typically reserved to address the law in front of the jury. but what they areing to try to do is put on witnesses that poke holes in the actual legal theory that is being played out in this trial. they will, of course, provide if they do have witnesses they think are relevant. some witnesses can come in and give a different story than michael cohen. i think they'll call those as well. i anticipate this will be a short defense by the president. >> harris: judge merchan is going to really rein in the experts, but not stormy daniels. just take a note of that. okay, everybody. we're set for the hour. we're going minute-by-minute. they've already had one mid-morning break and we're

covering it stem to stern. we stay in place and following day four now of michael cohen's testimony. remember, the first was by the prosecution and then three days of this withering cross examination, minute-by-minute from the courtroom. remember your shorthand is the box on the right of your screen with all of the things that are going on so you can catch up as we go along, too. stay close.

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>> harris: andy mccarthy, former assistant u.s. attorney general is with me now for just a few minutes. you were just in the overflow room inside the courthouse that we were showing. they are not yet in a break that i know of. you would know if one is coming up if the former president walks out, andy, we'll just pay attention to that. sometimes he will just fist bump or wave or whatever. we don't know if he will stop and talk considering what is transpiring in court right now. andy, thank you for being in "focus" with me. let's talk about that. cross examination coming to an end. what is a crescendo for cross examination going to look like? >> well, i must say, harris, it looks to me like they've really had one. they got cohen to admit this morning he actually stole from the trump organization and they

also showed, you know, the prosecutors pitch up until now has been that, you know, he had this retainer agreement but it was illusory and didn't exist. trump is saying see my private lawyer and it was a retainer agreement. he got millions in legal fees during that 2017, 2018 time period and the way he was doing it was he was basically monetizing his relationship with trump. he was the president of the united states private lawyer and he earned, you know, $4, 6 million in that two-year period. >> harris: legally what happens to a guy like michael cohen? i was before the commercial break asking about immunity or a deal he might have struck. i don't think you get credit if you actually come through with more felonies against yourself on stand, but how does it work?

>> well, a lot of this stuff is time barred. and happened many years ago. even if you wanted to prosecute him, it would be difficult to do that. i would think -- i think hell would freeze over before alvin bragg pros prosecute as michael cohen. >> harris: the president often quotes you in the mornings when he comes into the courtroom. some things that have come up have to do with kind of how you see the case. and i have a question for you. this was out of one opinion piece. will the jury consider only 34 counts of falsifying business records in the first degree or could they consider 34 misdemeanor counts of doing the same thing in the second degree? >> i have said from the beginning, harris, as i understand it under new york law, they are entitled to what

the defense is entitled to what is known as a lesser-included offense charge. in this instance the misdemeanor is the lesser-included offense. the felony is the greater offense. i think he should be entitled to that and it is important to ask for it here because if the jury decided well, we have to convict him of something so we'll give the state the misdemeanor, that -- the statute of limitations on the misdemeanor ran in 2019 or 2020. so i even if the jury convicted him on the misdemeanor it would have to be thrown out on statute of limitations ground. >> harris: you said it was 2019. that would be over. would this be just part of the jury instruction? there has been so much focus on what this judge could say for that and how it would affect the case. what are your thoughts on it? >> yeah, i think this is going to be one of the most contentious jury instruction arguments between the two sides in any case that you've ever

heard of. in many cases, the law to be applied to the facts is so clear that the charging conference only takes ten or 15 minutes and everybody knows more or less what the judge is going to say. but here you not only have the statute of limitations issue between the misdemeanor and the felony, you have a new york court that is trying to enforce federal law, which it doesn't have jurisdiction to do. usually what a court wants to know what have higher courts said about these laws that we're trying to apply? here higher courts in new york will have said nothing because this is federal law, which he is not supposed to be trying to enforce. >> harris: quickly anybody walk into court today that you happened to notice supporting the president? he has had so many supporters over the last week or so. what are you seeing? >> well, i think we have kerri and jonathan and trey inside.

i'm slumming with your crew out here. >> harris: the overflow here. don't undersell it. they are selling every ticket. you are taking food off somebody's plate who was a ticket to the overflow room. there hasn't been the bevy so far today of the lawmakers in particular out front but we'll cover it all. so great to have you on the program, andy, good to see you. thank you very much. appreciate it. >> thanks, harris. >> harris: let's talk politics. steve hilton, fox news contributor. welcome in "focus" now. so one thing hit me is the former president was talking this morning, that is because he said it, he wants to win new york. in a way, this trial has put him closer to new yorkers than any campaign stops he could do. >> exactly. you saw that right from the beginning. right from the start of this, you saw trump and his campaign

immediately go to making very interesting political capital out of it with the visit to the bod bodega, very well chosen. and you saw lots of people at the bodega and when it all started. the realization that could be one of the big effort political backfires of all time. it is political. we have to discuss the legal aspects of it but in the end this is a political thing. alvin bragg is a politician ran for office an a platform to get trump and we need to analyze the politics of it. it is not just new york. what is interesting. i'm here in california and i talk to a lot of people. i live in the bay area, not exact will i the trump stronghold. over the weeks of this trial. so many people who i would have thought are diehard democrats are coming up to me and i talk to them about trial and they say

this is not right. i might even vote for trump this time. it is absolutely fascinating the reverse effect of everything they wanted. >> harris: it is interesting. i've noticed it with uber drivers and people who, you know, looking at how much more their paychecks will be wiped away when biden says he wants to take away the tax breaks. these are people who, you know, were trying to run a small business in their own right as an uber driver and i have heard detailed accounts of things they have to give up in their own lives and driving $1 hundred thousand cadillac s.u.v. s, i wish there were rooms for my entire family in here. it is tough. and for trump he now walks into south bronx. that's his next rally. i can only imagine how many people are going to go. first of all, it is money, money, money. that is the end of it. it is so expensive to live in this city. i don't. i live in jersey next door.

it isn't cheap but not like here. >> or not like here in california but exactly right. there was an amazingly graphic in the "wall street journal" this weekend. it was about the performance of the stock market and economy and a very simple apples to apples comparison on a graphic of earnings, people's incomes after inflation since the beginning of the presidency of donald trump and the presidency of joe biden. just a very straightforward apples to apples comparison. the trump chart went like that and the biden chart went like that. and that's the story. people have been worse off under this presidency and better off under trump. it wasn't so long ago that they can't remember. in the end, as you say, that's what is driving all of this and you are right he should be going for these votes in unexpected places. by the way, you see this demographic shift.

right at the beginning of the trump presidency i used to talk about the opportunity the republican party had to become a multi-racial working class coalition. i talked about it as an opportunity. that opportunity has become a reality. you see it in all the data. latinos flocking to trump and african-americans moving not so strongly as latinos but a massive shift in both groups. it is really a political transformation. >> harris: the former president just walked out of the courtroom on this mid morning break. we don't know yet if this is close enough to lunch time for them to be gone until 2:00. he gave the thumbs-up as he was leaving the courtroom. look, just quickly with that i've been talking with a lot of voters. it is necessary that we understand what is driving them and in new york you just walk up to anybody. democrats have got to stop with this tired statement of they aren't paying attention yet. they pay attention every time they get paid and go to the

grocery store. they are paying attention. >> exactly. it is so ridiculous. they are completely delusional. they used to say during the primary when trump was going off. once people realize it's biden versus trump they will come to their senses. in terms of the court cases, this is just the indictments. once they cases begin trump isn't someone to vote for. trump's position is getting better and biden's is getting worse. >> harris: i know the president -- the former president was upset about the fact he couldn't be on the campaign trail because the judge made the court time earlier today so it shortened his weekend. but sometimes we know people want what they can't have. when they get the ten or 15 minutes with the president when he is going in or coming out of court, that's a bully pulpit of epic proportions. when you are failing like biden, it is hard to compete with even

that little chunk of time. steve hilton, you will stand by this hour and get back together a little bit. the president again just walking out of court, former president trump there, and he will be back in we're told in less than ten minutes. we'll take just a quick commercial break. let's get started. bill, where's your mask? i really tried sleeping with it, everybody. now i sleep with inspire. inspire? no mask? no hose? just sleep. learn more, and view important safety information at inspiresleep.com okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪)

>> harris: brett tollman and matt whitaker joining me again as we go through line by line what is being said in the courtroom and decisions being made. right now they're in a short break and close to them ending. we'll keep an eye on the screen if the former president walks back in. before it was the thumbs up. a wave, fist bump we'll be able to see it. we can never really read too much. more helpful to see michael cohen going out. maybe he is not as happy when we see him. matt, how does this play just moving forward with these other cases? i want to get a handle on where we are legally as this one is

playing out for the other criminal cases against the former president. >> well, first of all, this is why we need cameras in the courtroom and we should all be watching michael cohen's testimony. we'll leave that as a topic for another day. the supreme court has two very important cases. they have first the interference wn an official proceeding that is in a different case coming out of january 6th. those are two of the four charges that one of jack smith's case has charged president trump with. that will be interesting whether they allow that charge to proceed in the other case directly applying to president trump then. we obviously have the presidential immunity pending right now. that question pending at the supreme court as well. i don't think anybody thinks that the fani willis case in fulton county is going to happen this year. it may not even happen ever as the court of appeals has picked up the conflict issue and probably will kick her and her office off the case is my anticipation on that.

that case could never see the light of day. then finally you have the judge eileen cannon case down in florida, which is kind of pending right now. >> harris: all right. yeah, when you say pending, a couple of those things are put on hold indefinitely. so perhaps after the election? >> yeah, perhaps after the election. a lot of big motions are to be heard including the selective prosecution motion which could be a very interesting oral argument. >> harris: i think that's important to know. this was billed, brett, as the firewall, if you would, for democrats. that these cases -- if you watch liberal media particularly in their prime time hours, this was the game. you heard james carville say last week we've thrown everything at the wall, spaghetti, whatever, we've done it all and it still doesn't stop this. this is the former president walking back into court and let's see if he gives anybody a wave.

no, he is going in there and wrapping up cross examination and game face on. brett, all right. >> harris, you look at the cases that are brought and you look at the democrat, the left's strategy as you say to throw everything at him. there is a real danger when you try to use the law in a way that is not consistent with the facts that you have or with the purpose of the law. you have motions and matt is right, this motion, for example, for selective prosecution, we have already seen over the past year or so, a federal judge throw a case out for selective prosecution. that's significant. i don't remember another time in the last 25 years that a judge has done that. and that is what eileen cannon is considering, among other things. so if you are going to live by the sword, you might also die by the sword in this case. >> harris: what's interesting. this was -- we all know the weakest of the four criminal

cases against the former president. and if this one looks like it was selective prosecution to the rest of the country, which many people don't know that term but they are like well it has no air in the balloon, imagine what that means for the others. gentlemen, sit by. i want to bring in now kerri is just out of the courtroom. good to see you today. i want to get some color from you. i know that the former president has supporters in the courtroom with him. and i know that we're close to ending cross examination. what is it like in court right now? >> hopefully we're close to ending cross examination. we don't know that yet. of course, the state will have a chance to talk to michael cohen on redirect. it could go back and forth for some time. michael cohen had a devastating morning. not looking good for the state.

the fact that their case hinges on a person who just admitted on the stand that he stole from donald trump as part of this repayment plan that we've heard a lot of talk about, including last week from michael cohen himself where he presented himself as this guy who was just trying to get back his money on the up and up and he was pocketing money. that was a pretty bad moment for the state. we also heard that bob costello, what appeared on air all last week and testified before congress, provided him with legal advice and counsel. we knew that. it was helpful to hear michael cohen say that directly. that's what he did. that's important given what costello has been saying about him both last week and to a grand jury, that michael cohen told him that trump had nothing to do with the stormy daniels payment, which by the way cohen also testified again about today and we learned yet again that cohen told many people, many reporters and possibly even melania herself that donald trump had nothing to do with the

stormy daniels payment. yet here we are. >> harris: what brought on cohen to say that he stole money from the trump organization? did he just volunteer that or how did they get to that? >> effective cross examination by donald trump's lawyer, todd blanche. it had to do specifically with reimbursement for expenses. part of this reimbursement plan included not just payment to stormy daniels but some other money that michael cohen had laid out for donald trump in the past including this company called red finch. he told the trump organization that they owed red finch $50,000 and turned around and only gave them $20,000. pocketing the 30k for himself. when wisenberg said gross it up he 60,000 off of that. >> harris: i can't believe this goes on. in mistrial on that. all right. i know you have to ask for it. so the defense is next.

we'll see. good to see you. thank you very much. when you can come out again we'll take you live. let's go to guy benson, fox news contributor host of the guy benson show on fox news radio. the politics of this are dripping with drama and not a good way for the left perhaps, guy, because you know what we're not talking about? anything good biden is doing. >> harris, donald trump has now been on trial for these dozens of felonies, i think most people see it for what it is. in theory and in reality he is a criminal defendant right now. he has been sitting in that courtroom on and off for weeks and his polling position has either stayed exactly the same or improved. you have the field wide open for the current president of the united states to do whatever he wants. to speak to audiences wherever he chooses, fly on air force one all over the country and make his case to the american people. he has been doing some of that. his polling position has stayed a same, lagging behind donald

trump in most cases or has, in fact, eroded because most people aren't paying attention to every single twist and turn of this trial and they see how their lives are and remember how they were in 2019. that compare and contrast is beneficial to the former president. and then just to what we've been sitting and listening and watching your show throughout the hour. the number of times i've heard the word devastating cast kerri used in a description of cohen's testimony. devastating to the prosecution on our air and even some of our competitors in recent days. you get the sense this is really going poorly for alvin bragg. >> harris: i started the hour with can the prosecution build up something to fix the fixer? michael cohen was an attorney and fixer and sounds like he was fixing a whole lot of things for his own benefit. kerri just told me what brought on his testimony about stealing money from the trump

organization basically he was skimming money off the top of bills and people that the organization was paying. i mean, that is -- the fact that he just spilled it. sometimes i think this guy doesn't know the difference between truth and a lie. he spills. a good thing for the defense. guy benson, we'll bring you back as it makes more news. michael cohen on the stand right now. they just got back from a break. we're on it. stay close. - wounded warrior project has been with me

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>> harris: they have brought the jury back in and getting ready to go after the short break inside the courtroom. cross examination, day three of michael cohen, the former president trump's attorney and so-called fixer. i wanted you to see these headlines popping right now, though. the trump prosecution wind down proves it was always a witch hunt. another, with trump prosecutors expected to wrap up it's past time for judge merchan to dismiss the case. a third headline, this from "the washington examiner", trump trial, verdict now, law later. i have a little bit of that op-ed as well i want to share with you. a quote. what is disturbing here is that the manhattan district attorney dedicated seven years, thousands

of lawyer hours and millions of dollars to bring a case that has a class e felony is equivalent to the unlinesed sale to an ounce of marijuana. relatively minor. yet they still can't seem to prove it. that again a quote from that op-ed in the "washington examiner." i'm bringing back now brett tolman, matt whitaker, joining us guy benson and steve hilton. matt, start with you about what's going on in the courtroom and what really the expectation should be for today should the defense have chance to redirect. >> well, obviously the government is going to try to rehabilitate michael cohen. it is almost impossible since he admitted on the stand to lying about a phone call, embezzling money from the trump organization. judge merchan, i think, has

allowed a lot of highly pres presented -- prejudicial or other evidence. i think he has committed a lot of reversible error. it won't help them unless they can convince the jury, the trump team doesn't bear any burden but the jury has to believe no crime is committed. >> harris: what's interesting and i caught that word matt whitaker raised it from he stole from the trump organization, too. he was embezzling money. how most of us know it. it is usually right next to conspiracy. we have to see how far it goes. we doubt that the manhattan district attorney would ever go after michael cohen for what he said on the stand. sooner or later you almost don't have to do the job of breaking the credibility for this witness. he is doing it on his own.

is that enough, brett? >> well, harris, he was on life support before today. at this point you have to just say no, the witness is no longer relevant with us or supportive of what the prosecution is trying to do. once he has indicated both the conflicts in terms of him hating trump, then add on top of that layers of inappropriate money that he was earning out of his relationship, a sort of pay to play scheme he was setting up on his own. and then on top of that he is stealing from his client. this is a train wreck. there is no life support or pulse at this point. as a prosecutor you just have to say we just probably wasted our entire investigation by putting this man on the stand. and it does highlight how this was a political witch hunt as opposed to a genuine, sincere effort to bring facts and the law together to present to a

jury to go after donald trump. >> harris: look, i want to go political now with you, steve hilton. america may not be watching minute-by-minute of this but watching the minute-by-minute moments of not being able to pay their bills, millions of them. they are looking at this case and thinking wait, in some way, shape or form my tax dollars are paying for this? when you have somebody who is willing to steal from the organization and admitted on the stand, that is the definition of motive that you hate that person and might do anything. >> exactly. they can see that up and down at every aspect of this case. the democrats and prosecutors and all the media cheerleaders, they look pretty foolish at this point because as we've just heard, it is clear that this is entirely political. the political effect that it is having certainly within the republican party. we talked about the wider electorate earlier. within the republican party it is so interesting. i was just at the california gop

convention this weekend. absolute unity in the republican party. it has brought the party together fiercely in support of trump. again an example of how this has backfired. meanwhile joe biden is running around the country and within his party his base is turning to him and calling him genocide joe and turning its back on him at these events. it is just a political catastrophe. the exact opposite of what they intended. >> harris: guy, what steve is talking about is that h b-cu morehouse campus where biden gave the commencement speech this weekend and yeah, a few of them turned their backs on him but they were not allowed to protest. the school blocked that. i thought that was really interesting. we didn't really -- it was like el paso when he went to the border the first time as president. everything was sanitized for his protection. it could have been so much more reality for him, but it wasn't. >> i'm not sure he is living in

real reality. i think he and his team have created a bubble for him. i saw a story just the other day that they are now whispering to reporters that the president doesn't believe the polls showing him down. i think that's hugely risky. if you are shielded from how your own base feels about you and shielded how swing voters feel about you in swing states it makes it harder to win re-election in a country generally unhappy with the job you are doing. i think that bubble mentality might feel good moment to moment but in terms of his political interest toward november, it is dangerous for him. >> harris: seriously, this might be the longest that anybody spends about talking about biden's failures. all eyes on trump or whether or not he can beat down the law fare that has so wickedly raised its head. democrats are saying i'm sure you guys are seeing it all over the place, cohen is the pin in the balloon. letting all the oxygen out.

matt, final thoughts. >> well, this is the biggest challenge, i think, as we head into the first presidential debate and then into the november election. i think the contrast between the trump policies that worked during the trump administration and then what joe biden has done by dismantling the border and allowing millions of illegal aliens to come into our country, high inflation that you pointed out. gas, groceries, the basic fundamental elements of families and then the crime in our major cities. i had some folks trying to convince me over the weekend that crime in new york city is actually down and the safest place. i know those that live there don't believe it or experience it every day. it is a bubble. joe biden is not in reality. american people are living this nightmare right now. >> harris: we have seen twisting of the numbers in major cities where avenues of crime may be down. the ones that people put your hands on you and rob you and rape you are where people fear.

like going to the subway when you don't have a car in a city of 9 million people almost. last quick word from you, brett. could we be looking at a situation that a new york jury does what a new york jury might do anyway? >> i think that's why you see such a catastrophe of a case brought in the first place. i think they were counting on new yorkers to just automatically rubber stamp a conviction. i don't think that is going to happen. not after you've seen what has happened in this courtroom. the witnesses they presented. the ridiculousness of the legal theories. there are savvy people on that jury that live in new york who start to see and understand. i think they are going to at a minimum be a hung jury. >> harris: belief in the system, believe in the america people. we'll see how it shakes out. covering it stem to stern. thank you for being with me, gentlemen, "outnumbered" after the break.