defense is cleaning up and making sure this is the final thing the jury's left with. the prosecutor gets a rebuttal case only for the limited things the defense brought in. >> martha: so the prosecution can only deal on redirect with the specific things that costello has just testified to. and we see that bove is saying trump said numerous times he knew nothing of the payment to stormy daniels. gentlemen, thank you very much. paul, andrew, great to have you both here. a lot of breaking news this afternoon. that's "the story" for this monday. the story moves on with this trial, folks. we are getting down to the wire. >> the trial that won't end.

even though it appears that it could soon be ending, and we are live in new york city with every nasty detail. donald trump could emerge from the courthouse any day now. defense now presenting its case after the prosecution rests, calling legal advisor to michael cohen, bob costello, to the stand. it comes as cohen admits under oath that he stole money from the trump administration. so what goes next? let's get right to it with nate foy. what's the latest, nate? >> it's been a busy day for sure, neil. and bob costello is talking about his conversations with michael cohen. he described cohen has manic

during those conversations, pacing back and forth. and he just said cohen told him during that time that trump knew nothing about the stormy daniels deal. judge marchand is allowing trump's lawyer to ask costello around a pressure campaign theory. marchand said costello cannot testify about cohen's state of mind during those 2018 meetings. during cohen's cross-examination today, he admitted he knew at the time his conversations with costello were protected under his attorney/client privilege. and cohen earlier said that he lied to costello because he thought that costello might funnel information to trump. separately cohen testified he

stole money from the trump administration, received hundreds of thousands of dollars from other clients for very limited legal work. he claims he did limited work for trump in 2017. trump says those payments are legitimate. cohen says they are reimbursement payments for the stormy daniels deal. our legal experts say trump testifying himself would be a bad move, considering how much judge marchand would allow during that questioning. and as you see video of former president trump speaking after court, which has been the case every single day so far. we are expecting that again at 4:30 after court ends for the day. >> neil: so it sounds like even with the extra witnesses and these unexpected developments, that 4:30 wrap-up is still on? >> for now we are expecting former president trump to speak at 4:30. that's the last timeline that

we've been given. but we've also seen several times that court has extended past then. >> neil: thank you, my friend. let's go to these two legal eagles. i want to go on the wisdom of the defense. i guess it doesn't want to appear to spike the ball, even though a lot of people say they have the edge here. they want to make sure they have this tied down, and by going to these extra witnesses, including bob costello, the early legal advisor to michael cohen. what's the risk in that? >> the risk is always that he will bring up information that hurts the case. in this case, the defense is presenting that a reasonable doubt has not been -- a case has not been made beyond a reasonable doubt by the prosecution.

so what the problem could be is that now we have another voice. we have more information when we think -- and most of the legal analysts believe no case was made by the prosecution up until now. i mean, there's nothing here, neil. it's like a house of cards. you blow on it, it all falls down. there is nothing legal that the prosecution has proven. having heard bob costello already, because he's been on this channel for the last few days, he is credible. he has information that is factual. it is believable. i don't think in any way he can hurt the defense's chances of an acquittal or the best case scenario of an acquittal in this matter. >> there was this questioning of a new witness, daniel sitko. a paralegal. so what was the wisdom in bringing him up? what did they want to prove and/or show there? >> i don't think his testimony

is as crucial as either bob costello or maybe bob smith, who could be the next one to come up to testify about federal election law. i think he was testifying about phone logs and documents, just that they existed. but he wasn't testifying -- as a paralegal, he's just in charge of documents. he's not actually testifying about the truth of anything. i think, of course, the defense is still trying to show that michael cohen is a liar. and not just a convicted purgerer but also is lying in the context of what he's saying in this courtroom about phone calls, about checks, and now we're going toll hear from bob costello about lying about his actual story and his incentives for telling the truth then and not now. >> neil: in the case of costello, early on through 70 odd conversations and the rest, he had been told by michael

cohen, i have nothing on donald trump. and let's say costello reiterates that and the jurors hear that. and then there's this side issue with rudy giuliani that could open up, potentially, a legal pandora's box; couldn't it? >> it could, but i think the defense will focus on the interaction between cohen and costello regarding cohen's manic behavior and his desire to get off on anything, any possibility he could, when the feds came and raided his home and his office. and costello has basically said that he asked michael cohen over ten times, repeatedly, is there anything that can help you in this federal case in 2018. michael cohen kept saying no. i have nothing on trump. that's the quote over and over. so what we're going to hear and

what the jury is going to hear is these are two very different stories. michael cohen, convicted felon, convicted liar. and then we have an attorney what ran a very prestigious office in new york saying i met with this man. and he told me then when he had everything to lose that there was nothing he could offer against trump. this is damning testimony, and it very much undercuts the prosecution's case. >> neil: going through the numbers, i guess the prosecution has called about 20 witnesses, maybe more. some of the more prominent ones, michael cohen and stormy daniels. the defense, a precious few. they've only accelerated today. what is the risk in the defense doing? you're a darn good lawyer in your own right; would you risk

widening this out? >> as you said, you don't want to look like you're spiking the ball. you don't want to go after michael cohen so badly that the jury might actually feel sympathy for him. you've already shown he has a horrible record. how much further do you need to go to attack his credibility? i think costello is good because this is is a guy who made a living as deputy chief of the criminal division. a guy who made his living telling the truth to new york juries, and you're going to put him side-by-side to michael cohen who seemed to make a living by lying to people. that contrast is enough. and to end the defense quickly shows a lot of confidence. it shows that the defense thinks that the prosecution has not carried proof beyond a

reasonable doubt of committing any crimes. and that's what the prosecution requires. >> neil: we're just getting word that the judge is reprimanding costello. i don't know what's behind that. any ideas? >> it could be that bob costello is adding information. i know the judge had restricted his commentary and responses to not include michael cohen's state of mind. possibly bob costello is adding into his testimony the state of mind being manic, pacing quite desperate. and possibly that's what the judge is doing. look, the judge here is trying to restrict anything that helps donald trump. we've seen that over and over. i mean, he has rulings that just really hurt the defense. but bob costello is probably very adept at getting his point across to a jury, and i think he

will do so very well. >> neil: he is unflappable, if nothing else. >> i had the luck of being on the same fox program he spoke on a few weeks ago. i said, trump's guys need to get this guy before a jury. i think the judge cutting him off and limiting him will be very frustrating for the jury. why isn't the judge telling him tell the whole story after the same judge let stormy daniels wander all around god's green earth giving her own testimony. so this could backfire for the judge. >> neil: thank you both very much. great insight on all of this. martha maccallum with us right now. anchor of "the story". she has a great project she's

working on. i do want to talk to you about that. it looks really intriguing; i love when you do these things. but some of the characters here, martha, are not the greatest. there are a lot of risks they're taking here. michael cohen front and center. we thought we learned it all, and now reports that he stole money from the trump organization. it doesn't get anymore surreal than that. >> martha: we have such great reporters and producers in the room there, and i'm just going through what they're saying. it was a hot scene in there. they cleared the entire courtroom. they had the press leave so the judge could -- marchand could reprimand costello. because the prosecution and the judge kept cutting him off when he was trying to talk. and when they cut him off, he

was blurting out his answers anymore. he just wants the jury to hear what he has to say even though he's being cut off. now people are coming back into the courtroom, so we'll see what happens now with costello. but clearly it got very heated in there just now. >> neil: we accept that at face value. the judge didn't seem to have any problems letting stormy daniels talk and talk and talk. and even some of the comments made. the fact of the matter is he would pick and choose who he would interrupt and why. but whatever costello is saying, that gets under his skin. >> martha: you're so right. stormy daniels detailed the

sha shampoo. he said, she's getting a little far field here so try to reign her in. but that is not the demeanor at all. any jury can see that these situations are being treated very differently between the defense and the prosecution. and how that registers and sits with them, only those 12 people know. and several alternatives who are in there. >> neil: the benefit of me being so old is i remember cases that were very different than this one. but i remember ronald reagan's secretary being brought up. and i remember the build-up was such that he was going to be in jail for the rest of his life. he was exonerated on all charges and famously said, how do i get my good name back. all the legal experts at that time for saying he's toast and the prosecution has this case

made. but they didn't. exonerated on all counts. i understand the defense's actions here to call in other witnesses to seal the deal. but that's a delicate threading of the needle, isn't it? >> martha: yeah, it is. i imagine that former president trump probably saw robert costello over the past few days and said, you're going to put him on the stand. this guy is really good and saying everything that we need to hear to close this case. that's just my guess, as we've all seen and covered him over all these years. but the jury, how does this sit with them? do they see it as he's tough on the defense and not so tough on the prosecution. or do they see costello as being hostile and out of order in this situation? that's something that's hard to

know. i was trying to read their faces. they're going to deliberate soon and we'll see what's in their hearts and minds having watched all of this up close. >> neil: what i want to get from you -- and you raised this on your show. you just touched on it now. costello is there because donald trump wanted him there. and the defense lawyers might be saying, we can see the wisdom of that. even though they might not. but what do you make around the role behind the scenes donald trump is playing here? encouraging this guy to get on. >> martha: i just say that based on covering him all these years. he does not sit back. he's not the type of client, i would imagine, with his team who's going to sit back and say, you guys are the experts so do

what you want. i'm sure he does to some extent, but when this is the last moment and this is the final thing the jurors are going to hear -- by the way, cohen told costello over and over again that trump wasn't aware of the payments. this is crucial. this is central to this case. it wouldn't surprise me that this person who is a very hardened counter-puncher would not want his defense team to stand up after the prosecution rested and say we're done. i could be wrong. >> neil: and it doesn't extend to necessarily him testifying himself. but i want to go back to your project now. tell us a little bit about this. >> martha: i spent a lot of time

interviewing members of the greatest generation over the last member years. i was talking to one of them after his father tom rice passed away, and he said, martha, my dad was on his final journey in this life. and i thought you're so right. and we need to record the voices of these men before they go. fortunately i had the honor of interviewing tom rice several times. but i said, let's sit down with as many as we can get and have them tell us the story of the european theatre in their own voice based on their own experience. and we just dropped on fox nation the pacific theatre. three episodes each. these men tell the story. i am very proud in this documentary because all i did was try to get them to talk about their stories and draw them out a little bit. but they are so remarkable, these men. and two of them are going to be with us in normandy for june 6th for the anniversary of d-day.

the 80th anniversary. this is clearly the last time you are actually going to see some of these men return to normandy for this 80th anniversary. i think it's going to be a historic moment to be with them there. >> neil: it's remarkable. we do have the dna of that generation, if we just recognize that. >> martha: we just have to scrape everything else out of the way and see if it can rise to the surface. you do every day, neil. >> neil: thank you. "the final journey of the greatest generation" is available now. you can tell it's a real labour of love from martha. and this is a generation that's worth it. they don't like to yell or brag or do any of that. all right, we are appreciating right now the time constraints

outside a new york courthouse where we're expecting to hear from donald trump soon. a lot of nastiness back and forth here. after this. (fisher investments) at fisher investments we may look like other money managers, but we're different. (other money manager) you can't be that different. (fisher investments) we are. we have a team of specialists not only in investing, but also also in financial and estate planning and more. (other money manager) your clients rely on you for all that? (fisher investments) yes. and as a fiduciary, we always put their interests first. (other money manager) but you still sell commission -based products, right? (fisher investments) no. we have a simple management fee structured so we do better when our clients do better. (other money manager) huh, we're more different than i thought! (fisher investments) at fisher investments, we're clearly different.

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>> neil: we are learning right now that there was a little hellfire going on inside the courtroom. judge marchand temporarily cleared out the room because he wanted to admonish robert costello. he had acknowledged that michael cohen had acknowledged he really had nothing on donald trump. we have notes here. quote, they obviously realize his testimony is a real problem for their own case. if costello answers even a bit beyond the question, that's when the judge intervenes and that's where it gets nasty. and that's where we stand right now. mercedes, that is always the risk when defense brings on a witness that the prosecution isn't going to like because it

could hurt the prosecution's argument. this is what you get, right? >> you're exactly right, neil. but it could be a paradigm shift. the jury is already looking at the judge, and the judge is admonishing costello for the way he's testifying. so it is very tricky. but the more objections, an argument could be made by the defense that they don't want you to hear what bob costello has to say. but it's a risky thing. the defense was winning the argument about michael cohen's credibility. why are you then putting another witness on the stand? you've bloodied up cohen. you've shown him to be a liar. you've shown him to admit that he stole money from trump.

he admitted that he hated him. he admitted that he wanted him in jail. why do you then put a witness like robert costello on who's going to stroke the ire of the judge? it wasn't necessary. look, it's hard. obviously i'm not in the courtroom, i'm not part of the defense team. but defense attorneys generally will tell you if you're on the winning side, you're done. you're done. even if your client says, we have to get this person on. he's going to be amazing. he's going to be great. but you just bloodied the key witness for the prosecution. you don't need it. let's just say to the jury they didn't prove the case and move on. the more witnesses you put on, the more your witnesses are now being called into question and

cross-examined and bloodied up. there's a paradigm shift. keep that burden where it is. legally, the prosecution has the burden. it would have been perfect if the defense had rested. but don't bring someone in who's going to be cross-examined effectively and now you have a problem. it shouldn't be cohen versus costello. it should be cohen did not testify under cross-examination, came apart. that's all we need to show. let's close on that and be done. >> neil: you talk about they don't want to make it costello versus cohen. i'm thinking now the treatment of costello by the judge versus stormy daniels. he let her go on and on and on. wind her up, let her go, let her say anything. and the jurors probably

recognized that. this guy gets up there, the first words out of his mouth, clear the room. i don't know if it was that close, but there is a little bit of a double-standard. why does the judge jump ugly on this guy, said nothing when stormy daniels was testifying about things. >> quite frankly, stormy daniels had a role and was have a very effective witness for the prosecution for a role that really didn't have any meaning behind the charges. but she was effective in showing that, at least in her narrative, there was this encounter with donald trump. >> neil: i understand that. but the judge let her rip. we were told the jurors were intrigued by what she said on the witness stand, but the judge never intervened or rarely did.

very different right now with bob costello. i just wonder your thoughts on that. >> you can imagine, though, neil, this is a jury that's been sitting there for hours. i've had jurors who say, i noticed your suit. i love your suit. it's amazing what they notice. and to your point, they're noticing everything. this is a very smart jury panel. you have a lot of professionals on that panel. they're very observant. you have two lawyers on that panel. so you know those two lawyers are looking at how every witness is being treated in that courtroom. whether it will have some effect, it might because a jury can sit there and say why is there so much objection. i can tell you as a defense attorney and a trial lawyer, i am very careful about my objections. when i object and object and object, the signal to the jury is what is that lawyer afraid of to come out of that witness. why are you constantly

objecting. so there are some really smart jurors there. they may think along those lines. or the opposite could be that costello is not testifying the way he's been instructed to testify and therefore he's defying the judge, defying the prosecution. >> neil: maybe deliberately. mercedes, thank you very much. and again we should say that bob costello is still on the stand. he's being cross-examined by the prosecution. back and forth it goes. we're waiting to hear from donald trump because when all of this is over today on this whole cross-examination thing, he, we're told, is ready to talk and get something off his mind. after this.

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>> neil: cross-examination continues right now with bob costello. he was the first legal advisor to michael cohen, as we wait for this to wrap up and donald trump himself come out and likely talk to reporters. what's interesting about the costello effect on the court is within minutes of him starting to answer questions, the judge cleared out the courtroom here to address this. needless to say, this is an important distinction to know that michael cohen and costello had about 75 calls between them. and this was information that came from appear daniel sitko. he's sort of a paralegal witness

who charted this on a spreadsheet. so it shows some familiarity here that obviously the defense wants to point out and the prosecution wants to potentially minimize here. back with rebecca and john. what do you make of costello and the way the judge has essentially treated him? within nano seconds, he was all over him? >> do you want me to go first, neil? >> neil: that's fine. go ahead. >> i'm reading from my phone now. the judge said, i'd like to discuss proper decorum in my courtroom directly to costello when he asked people to leave the courtroom. he said -- listen to this, neil. i don't want you to give me side eye and don't roll your eyes. this is what i'm reading now. i can't be sure that this is what was said, but this is one

of the accounts of someone who was in the courtroom. interesting, but it sounds like the judge is trying to quash the testimony. he doesn't like his animation. he doesn't like his reaction. i mean, it's a normal reaction when you're constantly being told objection/sustained. and costello can't get a regular train of thought out. you know what, when you're in a courtroom and you're constantly objecting or facing constant objections, a jury looks at that and they don't like it. they say, what is happening here. why can't we just hear the story. let it come out. why is the prosecution objecting so heavily to this man's testimony. the prosecution's objections can backfire on them. >> neil: that's wild. john, we just heard the jury is dismissed for the day so i don't know where this whole cross-examination thing goes and

the wisdom of bringing costello there. i mean, i am curious to get your vantage point of this because you can see things through jurors. i was mentioning before, i can remember a lot of cases where experts thought it was going one way and then it didn't go that way. labour secretary under ronald reagan when he was brought to court on 20 some indictments. he was indicted on all accounts. he famously said after this, now how do i get my good name back. so that was something that experts at that time didn't see coming. the jury, apparently, had another view of things. you've spoken to jurors yourself. help me get their sense of this.

when they see a judge admonish a witness who's just taken the stand and they don't do that to stormy daniels, how do they take that this? >> i remember that case, actually. he was underscoring for everybody how much power a prosecution has to destroy a man's reputation or a woman's reputation without ever getting to a verdict. just by making the accusation. just by putting the kind of witnesses on to destroy someone's character. which we have seen done to donald trump these last three weeks. i actually could see two reasons why the defense called costello. and i totally see the perspective of the other guests who have said, you know, you're opening up a whole can of worms because you can bring on costello and they're going to be able to ask him lots of questions. look, one thing that the defense attorneys are struggling with is

they don't want donald trump to testify. it and i'm sure trump having his name and character dragged through the mud -- the last two fraud cases did not turn out well for him. the defamation case did not turn out well. so his attorneys probably said, look, mr. trump, you don't need to testify. we have this great witness, bob costello. he can testify about everything that's said. we don't need to prove anything else. the prosecution has the corn constitutional responsibility to prove its case beyond a reasonable doubt. they are the ones of having the mistake of putting michael cohen on. the defense really only needs to

steal michael cohen's credibility. how do you destroy the credibility of a guy who already went to jail for lying? you bring someone vivid like costello. he is such a compelling witness. i think he's perfect to speak to a new york jury. the way he talks. in fact, him rolling his eyes, giving people side eye. i thought that's how you say hello in new york city. [ laughter ] >> neil: it is the way you say hello. rebecca, he raises a good point here. michael cohen, not always reliable. but then these revelations today that he stole money from the trump organization, that might have been it. what did you make of that? >> i mean, that is amazing information for the defense. when a witness on the stand

admits that he stole from the man who's being prosecuted. he admits that he's trying to get a reality show, neil. that he's been aggressively looking to get famous. that he makes money off of these t-shirts and his podcast which aggressively attack the president. so all of this in a package is a big package for the defense to show the jury that this man has no credibility and he has a vendetta. not only is he not credible, he has a vendetta to go above and beyond to hurt donald trump. that then can convince even one juror that this case is a bunch of nonsense. it's a house of cards. >> neil: all you need is one, to both of your fine points. john, i'm sure the defense brought this out with bob costello, the first legal advisor to michael cohen, when he said years ago when i was

talking to the guy, he freely admitted to me on a number of occasions, i have nothing on donald trump. at the point something changed. and that's what you want to plant in jurors' minds. a few years ago, nothing on donald trump. now all of a sudden donald trump should be tarred and feathered. what did you make of that? >> i thought costello's testimony about his discussions with cohen a few years ago were quite compelling and really undermined cohen. cohen is rehearsed, seems to have undergone a personality transplant into a perfect witness from the cursing lawyer we've seen in the media for years now. so you bring on costello.

he goes, i've talked to this guy. he was thinking about suicide. we have this exception in the hearsay rule where we allow hearsay in from someone who's dying. because we think if someone is dying, that's when they really are going to tell the truth. plus he's talking to somebody who's his lawyer. >> neil: we are getting word that the defense is already asking for a dismissal of the entire case as there's simply no evidence on the business records being false and all this other stuff. so they can offer that and the judge can reject that, but there you have it. as we wait for donald trump to potentially give us his thoughts on all of this. after this. feel more confident with stock ratings from j.p. morgan analysts in the chase app. when you've got a decision to make...

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and that. even this. dupixent is an add-on treatment for specific types of moderate-to-severe asthma. it works with your asthma medicine to help improve lung function. that's pretty good! dupixent is not for sudden breathing problems. it's proven to help prevent asthma attacks. it can reduce or even eliminate oral steroids. and doesn't that make things better? dupixent can cause allergic reactions that can be severe. tell your doctor right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs. tell your doctor about new or worsening joint aches and pain or a parasitic infection. don't change or stop asthma medicines including steroids, without talking to your doctor. when you can get more out of your lungs, you can du more with less asthma. and isn't that better? ask your doctor about dupixent, the most prescribed biologic in asthma. >> neil: they have wrapped things up in the courthouse in manhattan here, but we do know

that bob costello, that early legal advisor to michael cohen you've heard so much about, very frank and comfortable in his own skin, he's going to resume a lot of that testimony tomorrow. so it could be more fireworks to look forward to, depending on your point of view. nate foy following all of it. nate. >> trump attorney todd blanch is asking the judge to dismiss the case right now after the jury had been dismissed from the courtroom. he says there's no evidence, he being blanch, that any business records were falsified and no evidence of intent, no evidence that former president donald trump did anything to influence the 2016 presidential election. anything that was unlawful. he says that the prosecution simply hasn't proven that. the jury was dismissed in the middle of bob costello's cross-examination. he took the stand today. he's the third witness to take the stand so far. he confirms that he knew that

cohen was trump's personal attorney when cohen consulted with him in 2018. he confirms that he told his son that he would be part of the team representing cohen. and he got into detail about some of those meetings, saying cohen was acting manic, that cohen was suicidal at the time and that he had considered jumping off a hotel balcony just two days prior because of the legal pressure he was under at the time. and cohen testified he never ended up hiring costello because he just didn't trust him. cohen also testified that he thought costello would pass information along to trump through rudy giuliani. and costello testified that he never put any pressure on cohen, that he considered cohen to be a client. that he was always looking out for cohen's best interest. now, there is some tension between judge marchand and costello. the judge cleared out the courtroom to reprimand costello

because of his body language. he said to stop rolling his eyes and reacting to his rulings. costello showed frustration over constant objections from prosecutors. now, cohen did tell costello that trump knew nothing about the stormy daniels deal. costello will likely take the stand again tomorrow and answer more questions about what exactly happened in his dealings with michael cohen in 2018. and we should be hearing from former president donald trump very soon, neil. back to you. >> neil: thank you very much for th that. i want to get to the bottom of whether a judge can actually tell you and order you to stop rolling your eyes. because i feel like rolling my eyes. but you can't see me. we'll have more after this.

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♪ ♪ >> neil: things wrapped up now at the united states supreme court. the bottom line was, the defense decided that they needed a little bit extra to put icing on what they think is a winnable case for them by bringing in bacchus tello right now. the first legal advisor to michael cohen 75 odd conversations over the last few years. early parts of those

conversations, costello repeatedly, i have nothing on donald trump. something changed from those early years to now. separately, there was testimony from the cross-examining paralegal. kept a chart of in such conversations. a lot of illegals with saying they seem to have their case in hand. you can never assume that as andy mccarthy likes to remind me. maybe they wanted to make sure they had some things buttoned up that concealed the deal. did they, are they doing that andy? >> i think they are. everything that you do in a trial should always be about what you want to see to the jury at the end of the case. todd blanche and the other defense lawyers when they look the jury in the eye at the end, the argument they want to make is you can't in good conscience convict someone of a criminal offense on the testimony of this serial perjurer.

i think they didn't want that just to be on the basis of todd's appointed questions. they wanted to get it from bobbb costello. over 50 years talking to new york juries. >> neil: an important legal question i wanted to ask you. the judge admonished costello for rolling his eyes. can the judge admonished you for rolling your eyes while you are on the stand? >> it is the judge's courtroom. they can admonish you for pretty much anything. let me tell you one thing about that deal. the witness box protrudes in the front room the bench is. where the judge to see you roll your eyes, you've got to showing you are rolling your eyes. bob costello may have add something to do with that. >> neil: something that he deems foolish gladly. i know he is back on the stand

tomorrow. what do you think? >> you know, even though i got to be in the overflow courtroom today, you really want to see the jury. you are not able to do that. they take a lot of care to make sure that no one gets a look at the jury. i'm wondering, how does the jury seemed to be taking this? it is hard to read that -- you can get that off the transcript. >> neil: your take on this and the defense and whether they -- we don't know what a jury is thinking. we do know that the jury probably noticed today that the judge pounced quickly on bob costello in the middle of what he was saying. didn't do so when obviously stormy daniels was talking. do they notice stuff like that? >> they certainly do. they watch the judge probably more carefully than they want anyone else. that is sometimes a good thing

for the prosecution if it looks like the judge is taking the case very seriously. if the judge looks like he is putting number on the scale, it could be a bad thing for the prosecutor. you want to get a sense of their body language. >> neil: dropped this thing. there is no use going forward. what do you think? how do you think that is going to go? >> is not going to happen. one of the things asked to do was to find that cohen is incredible as a matter of law. in other words, reject all his testimony. when the defense moves through a directed verdict or an acquittal at the end of the government's case, the legal test is that grad that credibility findings for the jury in that the judge has to assume that the jury will believe everything that the prosecution witnesses say. the only issue is did they prove enough legally to have a sufficient case?

>> neil: real quickly, this debate that has been written about. the defense and may be giving orders to the jury, misdemeanor charges versus felony charges and maybe make them misdemeanor charges. what do you make of that? >> i have thought for the beginning that the defense has a right under new york law to ask for a lesser included offense instruction. the felony is the greater offense. the misdemeanor is the lesser included offense. i think it is important to. if the jury feels they have to convict trump of something, you would rather have them convict on the misdemeanor. i would have to get thrown out the statute of limitations ran on that in 2019. >> neil: great job no matter where you are. tomorrow, another day and then we are told next week, the judge wants is all wrapped up. ♪ ♪