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tv   Outnumbered  FOX News  May 28, 2024 9:00am-10:00am PDT

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>> right now, trump attorney is delivering the defense's closing argument to the criminal trial against the former president. his message is quite simple. where exactly is the crime? there's not a lot of shred of evidence. the case hinges on the word of a convicted lawyer. getting revenge on trump. later it is the prosecution's turn and the jury will deliberate. we heard moments ago as they were getting going right after a break that the jury has told the judge they are willing to stay late today. however, todd blanche had also said that it needed another 30 minutes. that was 5 minutes ago. we could see the defense end is closing arguments. the verdict could exonerate the former president or make him the first commander in chief convicted of crime. this is "outnumbered" with my cohost emily compagno and
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kayleigh mcenany. sandra smith has fitness into her busy day. fox news contributor and former utah congressman. let's go live. when you and i talked last hour, you really have -- i have seen the emails gone by. there's a lot going on in the courtroom. they affected into these closing arguments. bring us up to speed. >> todd blanche, president trump's attorney has been going through this case inch by inch, detail by detail, completely trying to refute alvin bragg's prosecution case. he has been undergoing a summation of the jury that may go on for another half-hour. when the former president, his client arrived this morning, both echoes the same thought through the manhattan d.a. bragg has no case. >> everyone says this is crazy. this is not a trial that should
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happen. this is a dark day in america. in a court case -- >> 's throughout this morning, the jurors in manhattan being torn apart piece by piece. zeroing in on the star witness, michael cohen telling the jurors that they cannot believe anything that comes out of cohen's mouth because he's an admitted liar and convicted felon. "president trump is an ascent. he did not commit any crimes. the district attorney did not meet the burden of proof, period." the prosecutors say were falsified as legal retainers for cohen. he said, no, it made perfect sense for trump to pay cohen, because cohen was doing legal work for the president and his family. trump wasn't hiding anything. he disclosed all the payments to the irs. he tweeted about them in 2018 telling the public that he was
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reimbursing in cohen. as for stormy daniels, are salacious stories were not relevant to this case. he said if trump and his presidential campaign were so scared of her, why did not they react earlier? cohen reminded the jury, stormy and a lawyer were trying to extort money from trump. the jury has not heard from alan westerberg. the witness in this case was trump's chief financial advisor and officer who pled guilty to tax fraud serving time in jail for committing perjury. he was not called by either s side. we expect the defense to wrap up in about an hour or so. this afternoon, it will be the prosecution's chance. the jury could have this case by tomorrow, and we shall meet. back to you. >> i just want to bring our facts together here.
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we know from reporting inside the courtroom that it might go a lot shorter than that. i know that todd blanche and sent 30 minutes would be all he would need. that is what he told the judge. that's been quite a few minutes ago. i want to compare notes with you. sometimes we won't jive because neither one of us is in there right now. just to point that outcome of the prosecution could get this during this hour. we may come back to you. thank you very much for the latest. publisher larry flynt according to the defense attorney todd blanche was part of this. you hurt a little bit of that from eric shawn. blanche says that stormy daniels went public because larry flynt, the publisher was willing to pay her legal fees. as we learned so much more about what isn't in this case, like witnesses and so on and so forth and might actually be able to tell us something. what do you make about some of the motives that the people involved that we have seen like
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stormy daniels. larry flint was willing to pay for legal fees. where is that part of this case? >> it underscores all the questions of credibility that we have been covering on this network. it underscores the shape of the trial itself is always made by what evidence can be admitted and how it is presented. when objections are sustained and which ones are overruled. this entire time has clearly been shaped in the prosecution's favor. i know jonathan turley from inside the courtroom today said before the jury came in. the judge reminded the parties defense prosecution, don't go into the law, that is my job. that is what is worrying us. this judge has proven himself to be a minimalist judge, barely affording the minimalist protections to the defendant. that is the utmost paramount importance. usually you prioritize protection against better common sense judgment. not at all. he goes on to say that you would
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think in this novel and very unique case involving a former president that at least brought instruction would be tailored in some way. it is fully standard and generalized. the jury will say, it seems as if anything content under this huge umbrella of fraud that they have been led to believe that anything can fit into that bucket that he has clearly broken federal election law. they are still confused as to what the underlying criminal charges are, what those are defined by, how they are defined. at the end of the day, guarantee they are confused. the problem and the fear that i have is the instructions will give them a wide open door. i guess it all fits, because it doesn't. >> that was such a perfect jumping out for a quick follow. what a difference doesn't make that the jury has to at least a civil litigator on that panel. 2 attorneys on that. leo terrell said that makes a big difference. you have someone who might not
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be swayed. they are looking for the facts and where is the crime? >> i hope it helps. i am with emily totally on this. how dare a judge tell the attorneys, don't get into the law. isn't this a legal case? for the average person at home, they are not understanding that. i don't understand what you would let the jury go home for a week. they haven't been in there. there was no sequestration. now they are coming back and say we are willing to go until 7:00 p.m. that is big of them. they have been waiting for a week to get done with this and get on with their life. >> they were with their families and some of them went back to work. >> nobody talked about that case, i'm sure. >> they are swimming in a pool that is littered constantly -- you don't have to watch tv or listen to the radio to do the things to get all of this. people can text you and say by the way, i didn't like her hair or whatever it was. they have phones on them.
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>> they were right on that. it is the absurdity of all of that. the judge in every single step has pushed for the prosecution. it is not allowed. the foremost expert. they would not allow him to be a witness. >> my question goes to, sandra, finance law is not this judge's forte. >> that is not what he knows about. i would think you would want everyone to go into the law. >> if the government is going to try to imprison the former and possibly future president of the united states, the case better be a slam-dunk. this is everything with that. >> is the whole basketball co court. >> hush money isn't illegal. the jury is all that matters here. when the american public that has watch this carry-on for 6 weeks, 21 days and counting, they have not shown
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evidence of a crime. you have to think that is no different for this jury. they have not been shown evidence of a crime. the politics are starting to get really interesting now that we have learned that the president is going to speak at the white house after being quiet about his political opponent. i am curious what the next few hours hold here. we were discussing off-camera about this judge. i'm going to stick around tonight. the jury says they are willing to stick around. they are probably going to finish closing arguments by 7:00 tonight so they can move into the jury instructions tomorrow and deliberations. this could start to move very quickly. that is important that it does. >> i want to get there this. about 30 minutes or so, this was breaking news on "the faulkner focus was glue. the gag order has been denied in the classified documents case. the judge says there was not enough substance to the
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prosecution's request for a gag order against donald trump. is this case making a difference in other cases? the one i don't think so. i think she looked at this in isolation as she would do and recognize the huge first amendment concerns. i was that haven't been recognized in this case or d.c. basically said, you've got to talk to the defense before you come to me. work this out between yourselves. it's nice to see a judge recognizing that this is inexplicable as the aclu said in the d.c. case. from the political rights. this is when we are talking about for 2020 boy. returning to this for a moment. i am fascinated. the jury members are looking down. the one guy can't stop staring at todd blanche. one jury member was biting her fingernails. trying to glean every little movement to read something from the jury that has been pretty good at not showing their cards. i think the most powerful portion that we have seen from
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todd blanche is the part where he talks about intent. you need to have some sort of criminal intent. he laid out methodically, how do you have criminal intent when you write down the payments and a 1099. how do you have criminal intent when you fill out a white house ethics form and did note that payment? how do you have criminal intent and trump publicly tweeted about the payment? it is really powerful to think about. madeleine said he signed checks. this is a president who multitasks. i have seen it firsthand goonies leading the free world in 2016 and 2017 do you think he is plotting a criminal scheme with michael cohen? i have a bridge to sell you. >> that is the question. that is what the prosecution has to prove. if there were people in his constellation that can help the prosecution -- they hardly had any witnesses when you look at this entire case that talked about the check writing in the
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document. the other one is a convicted liar. he stayed on the stand for so long, the defense good to eat lunch off of what he was saying. maybe the third person would have been someone close to those payments who would have received them according to stormy stormy daniels. it was a wiffle ball contest at that point. we will see whether jury says. we are following up opposing arguments minute-by-minute. ocular right side of your screen, a quick catch up if you want to look and see are they and i break? we will bring you any breaking new developments like the denied gag order. we will see how that plays out. he is not gagged there. president biden is reportedly planning to bring his science on the trump drowned when the jury delivers its verdict. we will get into it more. stay close. ue psoriasis. he thinks his flaky red patches are all people see.
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>> right now, the defense is giving their closing arguments. the prosecution could begin their closing within the hour. he will keep you updated with them minute-by-minute coverage on the right side of your sc screen. right outside the courtroom, that is where a lot of action is happening. robert de niro lashed out at former president trump's protesters shouting him down. >> i love this city. i love this city. i don't want to destroy it. donald trump wants to destroy not only this city, about the country and eventually, he could destroy the world. it is no surprise that the murder rate and other violent crimes peeked under trump.
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and are falling under biden. we've forgotten the lessons of history. they became vicious dictators. trump, we have a second chance. no one is laughing now. >> he said that trump will destroy the country and the world. it sounds like biden did. he was there on behalf of the biden campaign. he was not there in his personal capacity. moments later, the trump campaign responded with this. >> president trump and did nothing wrong. this is all politics. if you don't think this is politics, why did the democrats reach red light robert de niro to try to change the subject. you could see the look of the biden campaign staffers spaces. they knew this was a bad idea. somebody at central command told them that everything is going down the tubes for joe biden.
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>> i am perplexed by this, sandra. i wrote an article -- read an article from "politico." here is what is said. "me not himself gain the directive a year ago. the reelection campaign and dnc were not to publicly discuss any of their criminal investigations to trump, keeping a clear line between the west wing and the doj. until today. what changed? >> i mean, if anything presents the case that democrats are in full grown freak out mode, it was robert de niro. outside of the eat-in trial. jason quoted the article. the article almost left me in hysterics the way they were quoting democratic advisors. you can help but laugh at some of the things they were saying. i said many of them who are anonymously quoted saying they were asked on an hourly basis, what are we going to do?
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polling is getting worse by the day. one of them says he pours a drink to buy some time and how to respond. trump is running ahead of biden in most battleground states. if they are not in freak out mode, they are certainly wor worried. >> they may need a few drinks jason, here is president trump this morning. >> make no mistake about it. i am here because of crooked joe biden. see who is in the court room and you will see where they come from. this is all election hunting, election interfering. >> jason, that is what is so curious to me. you heard trump saying this is the biden trial. that is why i am all the more perplexed. a white house setting out a campaign want to show a statement isn't political according to the people who were granted anonymity.
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he is playing into trump's hand. trump says i'm here because of biden. biden's responses i might talk about the verdict from the white house. >> addressing it from the white house is not political? this is so absurd. they are so grumpy. there is no more grumpy person in the country than robert de niro. they are grumpy, because things aren't going well. they have nothing to talk about. it was memorial day weekend. joe biden was taking a nap in delaware. literally not doing campaign events on saturday and sunday. he did the right thing on mo monday. come on. to say that it is not political, the number 3 person in the department of justice as prestigious as it gets leaves to go work on this prosecution case. they say biden's department of justice had nothing to do with it. nobody believes that. >> it seems to me trying to have
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it both ways. stay out but never mind. they are thinking of calling the former president conf convictedn donald trump. they are going to celebrate this at this political reporting has any bearing of truth. >> change of heart apparently. they could be taking the higher road the entire time. biden promised in his campaigning when he said he would be the adult in the room. this absolutely plays a panic about the evolving of type of class. you contrast them trotting out deniro's comments were radically outdated. i was watching the group of people. everyone a different outcome. when is he talking about? we live here too. talking about the violence under trump, we didn't know what he was talking about. we have experienced a spike in violence ring biden's administration. he was bringing out violent imagery. that is so outdated.
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it really gives everyone a poor taste in their mouth right now and so many families are dealing with the violence of drug overdoses and poisonings in the violence on the streets and all the cities under biden's watch. for them to be -- calm out with this january 6th also nonsense. president trump is the one that sticks to exactly what americans want to hear about. it's what they are feeling. he's not saying disregard what you are feeling. he says, we are all feeling this right now taking advantage of every moment. the difference is staggering. >> this is what happens when one grumpy old man who is 81 calls another grumpy old man and they get together. somebody writes a script on the other, the younger guy about a year, robert de niro and they resent. it is steeped in 1957 or whatever year that they can remember right off the top of their heads or read on the
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script. it's unfortunate because there are people who would really like to hear a word that the president can solve some of their problems since he can't actually, you know, tell us that. he can't even understand what the problems are. i do find that politically interesting that this is the guy who would be a mouthpiece when you -- the guy who comes out mad, you think that's going to reach women in the suburbs. you think that's really going to help people pay their bills. you trot out this guy who is more angry than the original joe biden. what is it about the grumpy old men being angry and biden seems to think more of the same is going to help him. i'm not convinced that he didn't know about this. i'm sure he is part of the conversation.. get to the courthouse now. if that case wraps up in the verdict is in the middle we need to get a jump on it. the gag order because the that has been denied. they jump on the stump of the
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white house today. i don't know how effective that is if these are your people. >> if i had to place a wager, i would think that robert de niro -- all right. democrats are "freaking out" over biden's chances of beating the former president. one advisor says they are right to be scared. that is next. on medicare? have diabetes? with the freestyle libre 3 system you'll know your glucose and where it's headed no fingersticks needed. covered by medicare for more people managing diabetes with insulin. visit freestylelibre.us/medicare ( ♪ ♪ ) start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand.
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to this place, no matter if it's a big business or just the grandmother that donates, you know, once a month, they are changing people's lives and that's a big deal. (♪) >> closing arguments are underway in the former president trump's new york trial. it is the historic case nears the end, democrats concerns over the president's reelection campaign seem to keep growing. before we get to that, i want to point out reviewers right now, it's happening in the courtroom. todd blanche is continuing his closing arguments. just now coming he hammered the point that unlike cohen's testimony in stormy daniels
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testimony, this was the trump organization bodyguard essentially. blanche emphatically says it was a lie about that charge conduct with stormy. it was a lie. michael cohen got caught red-handed. he said the call to the bodyguard was really about arresting calls from a 14-year-old. that remains to be seen too by exactly he was frightened of a 14-year-old prank. that is what is going on. we will keep you posted and keep tying into these developments as they occur. onto the democrats concerned. they seem to keep growing. according to politico, they are in the fold phone recount mode. the outlet, there is still a path to win this. they don't look like a campaign that is embarking on that path right now. the frame of this race is what is better?
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we lose that every day of the week and twice on sunday. that one is far from alone. a former client advisor is warming that democrats should be afraid. watch. >> there's only 2 weeks to run for office unopposed and scared. the people ought to be scared. i think he's done a great job. this fixation on getting credit for his accomplishments goes up out of the wrong way. bill crittenden didn't get barack obama didn't get credit until the republicans try to repeal it. the batting campaign needs to go on the attack. the attack needs to be a crook. it should be, trump is a threat. >> common sense seems to fall on deaf ears in the democrat party. >> policy, they don't have anything they could point to. the economy is not doing well.
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you paid $20 to get fast food meal these days. i don't have any policy they can run on. it is scorched earth on donald trump or nothing else. they are going to go to the old tropes that aren't true about how donald trump is going to destroy the world. they bring out robert de niro in the meat let parents -- they are going to kill you. probably a pretty nice guy. tin every single poll, every minority group -- president biden is losing votes every single step of the way. i will give you this. democrats are far superior in getting out the vote. republicans say the election is in november. the democrats say the election is in september. that is the fundamental difference. democrats are far ahead. they could win back on that alone. >> what i was hearing, these are nuanced matters.
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we don't have to come out scorched earth because common sense says trump is not going to blow up the planet. instead of trying to get into sixth gear, to jason's point, independents matter. they won't just show up automatically for these guys. >> the black votes and hispanic votes that are now up, this article where democrats are freaking out, new york democrats need to wake up says the manhattan borough president. the number of people in new york quoting him directly including people of color that i come across who are saying positive things about donald trump is alarming. we are seeing that play out in the numbers. we see it in poll after poll now. released last week showed biden leading trump by only 9 points. a reminder that biden won the state by 20 points. you are looking at a very narrow
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margin suddenly. i think this messaging that i am doing great. i deserve a gold star. my policies are working. i watch the economy all the time. we have an administration and a campaign that continues to tell the american people who are paying 50% more for gas prices during the presidency. credit card debt is up 20%. a majority of americans are living paycheck to paycheck. you should feel great. that is a tough sell when people are not feeling great about the economy. >> there are 13 gold star families that wish they didn't have those stars under biden's watch. here is my question. this is what kills me. for everyone who says they are all about the underserved community amplifying those who have been pushed down, why wouldn't they celebrate if someone of that community is doing better here? i know exactly how that i can keep succeeding. why would they chastise them? all of the people in the bronx.
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why are they saying it is alarming that you support trump? i'm so glad that you see a success in this bath. >> so many things are supposed to matter. as sandra was just explaining. it's more than what they feel. you have to make choices between food and energy because your job that you know how, biden likes to tout all the jobs. he put back a lot of jobs from the pandemic for the economy would not have sustained. he is like a housewife out of control. i will say this. there's plenty of time for democrats. the early vote in some states, 50 days out before the election. they can do all those things. republicans are going to have to take several pages out of the democrat book. they need to vote this guy. they've got to do it at a time -- i would start before the first debate is scheduled in june. they need to be doing it now.
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>> it is pure and utter desperation. the biden campaign moving the goal post. once the primary is over, and will crystallize into a two-person race. once the case starts, voters will come home. in this article, more than a dozen democrats interviewed. it has moved to probable trepidation. from anxiety to probable trepidation. when you look at the 538 average, biden was leading by .8% before the trial. after the trial, trump is leading by 1.3%. excuse me, trump was leading 5.8% and he moved up to 1.3%. what happens if there is an acquittal? what happens if there is a hung jury? you keep moving the goal post. eventually that goal host is going to get to november. >> they don't look at polls.
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on the way, according to joe biden, those bank fees -- if you write a bogus check, they have gone down from $40. that is why the economy is better. that was his go-to line. they have all that money in michigan. they just don't want to spend it. these are the arguments that president biden is making. he's not mentally nimble. it's memorial day weekend. he spends 2 of the days hanging out in delaware instead of being in arizona. >> they will keep trying to sound like it. we are keeping a close eye on those closing arguments in the new york versus trump trial. was that your grandfather, leading armies to battle? was that your great aunt, keeping armies alive? drafting the plans. taking the pictures. was it your family members who flew? who fixed. who fought. who rose to the occasion.
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questions of fact. the only real fact that the government has to prove here is what is donald trump's mental state? the only person in the put on to prove that was michael cohen. if todd blanche can focus the attack on cohen credibility, that destroys the case. >> we will learn send letters in those jury instructions. it is confounding to me to our producer and the court room i'm reading their notes and we still don't know the second crime that would elevate this misdemeanor. "this is one of those points that seems most right for appeal." any other defendant, donald trump would have a right to know the charges against him. >> there is a serious question about whether the prosecution has actually violated the constitution in the way they have concealed.
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the first crime is just a misdemeanor. the bookkeeping entry or dolomite business. it is only a felony if it is used to cover up or enable some greater felony. the prosecution has still to tell us what that is. it's hard for the jury to decide whether donald trump is guilty or not and they don't actually know -- an impartial judge would send this case back of the prosecutors and say, you can proceed any further. instead, judge merchan let it go to see what was going to happen. another chance to decide whether the whole case should be thrown out because of that legal vulnerability on the part of the prosecution. >> do you think he will take that chance? >> i hate to say it. i don't think so. every time that judge merchan has a serious choice in this trial, he has sided with d.a. alvin bragg. maybe that is the case with other judges in new york city these days.
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i think the cautious thing to do especially when we have crossed the rubicon to allow the first prosecution of an american president in the history of the country, you would want everything to be shipshape and buttoned up. instead, this has been a kind of -- how would you put it? it becomes a free-form trial where he's calling really difficult questions on the fly. i think he could have a serious problem on appeal. as art appellate judges can take a look at this. >> thank you very much. your expertise is spot on. we talk about appeal. i presume is if there was a guilty verdict. that is the way in which trump would appeal. the new york appellate court -- the venue. ultimately, you really have to take a long look at the constitutional sixth amendment question. that would be a federal court claim. >> we have seen demonstrated in the federal courts at the
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supreme court level, the self -- motivated lower courts anticipate that happening here. the judge has one final chance to actually correct essentially all the erroneous behavior that has been done in the reversible error we have seen which is the jury instructions. i doubt it's going to happen. >> we will hold our breath and keep you updated. any moment, trump's defense will wrap up closing arguments. to walk out those doors. the prosecution could begin their closing arguments at any moment. former assistant u.s. attorney andy mccarthy is out next.ny c there are so many tina feys i could be. so i hired body doubles to help me out. splurgy tina loves a hotel near rodeo drive. oh tina! wild tina booked a farm stay to ride this horse. glenn close?!
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>> breaking news now. closing arguments -- the defendants goes first in new york. they have ended on behalf of their client, former president donald trump. next will be their closing arguments for the prosecution. not sure if they will take our normal length a lunch break until 2:00 or 2:15. the jury told the judge earlier, they are willing to stay late today. i want to bring and former assistant u.s. attorney in fox news contributor andy mccarthy. closing arguments over and what we know came out of them, things like this from todd blanche, the
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defense attorney. this is a witness talking about michael, who hates the defendant and is making money on the trial. >> i think scott harris, what they are trying to accomplish is, you tell the jury that the chain of inferences and facts that leads to conviction of speech and to go through michael cohen. very simply, if you find as the jury that you cannot rely beyond a reasonable doubt on cohen, you can't convict trump. he is the most important target for the defense in the summation. what they are trying to do is say, no matter how you size up this case, you have to believe cohen in order to convict trump. he is trying to make them understand that would be irresponsible to do. >> the former president has walked out of the courtroom. it might be one of the only
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times that we really see all of these people leaving. there was a concern. it's so crowded inside that court room. people want to attend. some are paying good money. some people don't want to leave my lunch because they don't want to give up their seats. do your point, the defense attorney said cohen has lied repeatedly to his wife and kids and reporters. "he is literally like the mvp of liars." now it matters. the last that they will hear about problems with cohen will be the defense. >> i think the reason you go after the big target is, think about this. blanche is done. now that a juror will hear 4 hours of summations. that offense will never talk to them again. but every impression he makes, and scott to be a big impr impression. >> andy mccarthy outside the courthouse. thank you very much.
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>> what is the crime? what did donald trump do to deserve this? it is one of the most flimsy cases. they have never demonstrated let alone proved what donald trump did that was against the law. >> it seems that the defense ended where they started. poking holes in the credibility of michael cohen. just before they finished their closing arguments, blanche set michael cohen in the human embodiment of reasonable doubt. he lied repeatedly, he told the jury. he is biased and motivated. blanche is want to tell the truth. wait for this. cohen is not gloat, the greatest liar of all time." out of the courtroom. we have a rocking show coming up and a lot happening at 2:00. this will probably go well into the evening. we will be covering it with jonathan turley joining us live out "america reports."
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he will be on. judge jeanine is also there. we have a huge all-star line for 1:00 eastern time. come on and join us. >> you are mentioning some of the names in the courtroom. this is a big day for the prosecution's closing arguments are potentially going to start right after this lunch break. we don't have exact timing on that. the closing arguments for donald trump, the defense unwrapped. more "outnumbered" next. with 30 grams of protein! those who tried me felt more energy in just two weeks. -ugh. -here, i'll take that. woo hoo! ensure max protein, 30 grams protein, 1 gram sugar, 25 vitamins and minerals. and a new fiber blend with a prebiotic. (♪) ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term
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pension for cushing has joined the campaign to get biden hired again. so that was interesting. they are out until 2:00 p.m. eastern. prosecutors could complete later today. the closing arguments per jurors has expressed interest in staying late. they've told the judge that. sometime tomorrow this historic case will go to the jury. we will go to "america reports" now. >> make no mistake about

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