this. is the prosecution's burden all the time, they're going to have to prove this case. so i can say when i was in there in a courtroom earlier today to renew the defense argument, living very clear intractable this down because they know this has been confusing for the jury. had a couple of slides that took you on very simple steps. here are the invoices, they came from michael cohen, they said what it was for, that went through the accounting department, that had vultures, that came schmidt for saying president reagan was never connected to any of this. michael cohen is the only connection so you have to decide whether you believe it or not. i do think has to be some confusion among the view -- jurors but remember there are two attorneys -- and it will definitely get the rest of them. >> trace: shannon bream, thank you so much. carrier man, thank you. there is a story on tuesday may 29th -- may 20th 2024. ass you back here fox news at night, and a plaque on the west. here is "your world." >> ♪ ♪ >> charles: posing arguments are to resume any

moment after the new york trump trial conversation is make its case to the jury deliberations are expected to begin tomorrow. the jury told to be prepared to stay later if necessary. the former president trump speaks when court adjourns parts will take you there life. welcome everyone, i'm charles bieder for neil cavuto and this is "your world s. get ripening forward with the very latest outside the courthouse. >> were on a break right now the prosecutors just that there are about one third of the way through their closing arguments in particular joshua stained-glass -- steinglass is providing more color on the underlying crime the former president donald trump is charged with. he's accused of -- to suppress negative stories about him leading up to the 2016 election. there also talking about the nonprosecution agreement that packer entered into and cohen's 2018 guilty plea to federal campaign finance

violations. trump's team continues to object but they're getting overruled by the judge. biden -- steinglass also told the jury that nondisclosure agreement are legal but not when they constitute unlawful campaign process -- to influence the 2016 election which is against testimony from pope hicks earlier in the trial. the only person directly connecting and into that scheme is his former lawyer, cohen. purdey trump mark carney par bench called cohen the greatest player of all time -- including about the phone call where he claims he informed trump that the daniel steen will! deal was done. plans for the jury that they cannot send someone to prison on the words of michael cohen. judge merchan admonished him for that and a reminder the jury the essential possibility to the side trump's punishment of trump is found guilty. trump maintains all payments to cohen represent legitimate legal expenses, trump lawyers got cohen to admit that he did perform legal services for trump in 2017 but cohen

claims he never expected to be paid for that work and all payments he received were actually reimbursements for the stormy daniels deal so cohen's credit ability certainly a big part of this case. steinglass just earlier in court address those credit ability concerns saying that they did not select cohen but rather trump selected cohen and that they just have to use him as a witness because of how involved he was in this scheme. so again prosecutors want to know the way through their case which means courts may go late today. we are expecting trump to speak when court wraps up for the day. are sent back to you. >> charles: thanks very much. so as a prosecution making its case would be no criminal attorney mercedes cohen -- in new york trial attorney, rebecca rose woodland. mercedes let's start with you. so far one of the way through an assessment. >> it's interesting but they definitely want to distance themselves from michael cohen. obviously we've all -- we all know he's been very problematic for the prosecution.

so there's definitely -- so what -- were effectively went through the documents because they're trying to rely on the documents. the thing is though that just the documents themselves don't set forth the intent. what's the intent behind the documents? was the intent of the payments? was the intent of these checks -- all the intent is what we call mens rea, where's the intent? none of that is being established. what the prosecution is trying to do is buttress what michael cohen testified understand that part out whether he believed to be truthful and say that's why he complete -- he can be believed, look at how these documents line up. >> charles: mercedes is a difficult task though to try to get any sort of conviction without michael cohen being front and center. i mean, we just heard from nate, he's the only one who really has made any sort of testimony to the alleged crime which by the way were just really sorry structural start to understand here. >> it's so true, charles,

that's exactly right. one of the things -- the prosecution can certainly try to distance themselves about the center of the prose prosecution, the only witness that testified about former president trump's involvement in the payment being made because of campaign contributions was michael cohen. that's an. is the one witness that came forward. so if you disbelieve michael cohen, then you cannot go forward and say that somehow, this is all a felony and this is a cover up because of campaign contributions and trying to implement the campaign. >> charles: and on the issue of disbelieving michael cohen, trump's attorney todd blanche said that the words the end in his closing argument that michael cohen is the mvp of liars and thieves. no one can push back against back, can they? >> it's very important that todd blanche brought that back around, reminding the jury that michael cohen has lied to bankers, to his family back to the senate, to

everyone. he has lied repeatedly, saying also the defense -- the defense also brought up today some podcasts were michael cohen was angry, screaming hatred towards donald trump. and what the defense did was connect that and say this is a man that makes money from donald trump and being mad at him and angry with him here mackey cannot be believed. he's life, he spent time in jail because of his life. how can you now believe him? he is not credible without him there is no case. >> charles: mercedes, the prosecution said this august 2015 meeting was he prism and they said that the notion was -- the subversion of democracy. that's a pretty tall order, the subversion of democracy? that's a tough one. >> the prosecution --

>> it certainly a tough one. >> charles: i'm sorry, go ahead, mercedes and then rebecca, sorry. >> sure. it certainly is tall order. anytime there's broadcast sweeping pronouncements by either side -- weather its the defense or prosecution, you have to be very careful. and not to go beyond the borders of the crime that you are seeking to prosecute or beyond the borders of the crime that you're seeking to defend against, it really is very problematic when you start to go there. so it was a broadcast sweeping statement. it is closing arguments, there's a lot of latitude the prosecution and defense attorneys are given and closing statements because they're not evidence, but you have to be careful and show some level of restraint so that it doesn't go beyond and start sound like you're not credible. >> charles: rebecca? >> i totally agree with mercedes. when you're doing closing argument, you do have a broad brush with which to paint. the problem is the brush can only paint that far. you cannot continue talk

about -- to talk in terms that are so broad that they could influence the jury negatively without pieces. sure what the prosecution to me is trying to do is confuse the jury, bring up all sorts of invoices, the invoices, even there exists, they do not connect the president trump to any crime. when the prosecution comes and mixes and matches and puts things and tries to confuse juries, that back to me, is when a good defense -- we have a closing argument obviously first by the defense that closing argument from the defense was so effective in telling the jury watch, listen understand that they are trying to escape the fact that there is no case here, and that is really important for a jury to remember, when the closing you are complete and they going to deliberate in the

jury room. >> charles: mercedes let me pick up on stormy daniels and the "number -- motivation." again the persecution saying the defense has gone to great length to discredit danielle's counter was a part of her testimony there was cringe worthy but was under a lot of contradictions between stormy daniels testimony and all of the interviews and things that she has had in the past whether in print or in television? >> what is interesting -- i'm not sure there was really brought up in the closing but if the jury decides to have some weird backs and they go back to stormy daniels' testimony and especially the cross-examination, there were some admissions under cross-examination were in 2011, years before, allegedly, is an urgent summary daniel's was trying to shop her story and ended get any buyers, or at least she stopped trying to get buyers at some point. so the story was not -- she also admitted that the relationship, the friendship,

the connection whatever with former president trump, however, he want to categorize it that is pretty open and obvious that she would have phone calls for -- sumpter medication from the former president during the time between their liaison back in 2006 up to 2015 when this transaction took place, the alleged transaction took place and she was paid $130,000 for whatever the reasons were that have not yet been established definitively one way or the other. >> charles: ladies, thank you both very much. we appreciate your expertise here. as we await the prosecution's closing arguments resume, possible remarks from former president donald trump, where hearing president joe biden is likely to speak up. more on that coming up. you know, when i take the bike out like this, all my stresses just melt away. i hear that. this bad boy can fix anything. yep, tough day at work, nice cruise will sort you right out. when i'm riding, i'm not even thinking about my painful cavity.

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>> ♪ ♪ >> charles: closing argument sent to resume closely at new york versus trump trial and the president joe biden reportedly close to breaking his silence on it, what is my next guest make of biden's -- farmers -- carl, president biden is going to have something to say about this. is not advisable from your point of view? >> i'd advise against it -- advise against it. i think the -- featuring

robert de niro was an unmitigated disaster. all he did was go out there he is an accomplished actor no doubt about it by going out there and saying that donald trump wants to destroy new york, destroy america, destroy the world and if he gets reelected he'll never leave office, but he will continue to serve in the office until he dies, this is ridiculous. you know, the people who are up for grabs in the election who believe that kind of stuff are already voting for joe biden. the people who are up for grabs in the selection are not really enthusiastic about working for other person and they don't want to be given that kind of stuff to help them make up their minds. you if i were the president of the united states i would be very concerned about going out and opining about this in particular setting it up so that expectations are hire once he does go on and say something remembering to keep his mouth shut, let this play out and if he said anything at all about it after a few daze have passed and people have a chance to take it all in. >> charles: by the way,

where hearing from the courthouse publication has resumed their closing arguments here. another talking -- the discussion is about the action -- access hollywood case, will continue to keep you updated minute by minute as it continues. you know, as -- what's so interesting to me about all of this is that i think maybe a year or two ago, conventional wisdom, someone is running for president and then got all of these legal issues that one after another, what will their chances be? and i would assume most political experts would've said none or, you know, close to nine. and i think the irony of all of this is that as a process has gone on, former president trump has become more of a sympathetic figure for a lot of people who are on the fence. >> yeah. you look like he's being persecuted by the democrats. and he's been helping out by the fact that the first case to come up is this one. look, i'm not a lawyer. didn't even stay at a holiday

express last night but i did pay attention to andy mccarthy and i think he is absolutely right. this is supposedly an election law violation. -- and said we are taking a pass, the department of justice took a pass on it. this is supposedly the federal election law is being violated in a way that somehow ties it in to a new york law regarding business records. it looks like a stretch, it's been put into effect by the highly partisan da and it's frankly cause people to rally to the former president's defense. is raise a lot of money of his campaign for it to be his legal bills and he's gone up in nepal since last august win all these enactments came down. some of them are more serious, the classified documents, for example, i think in a serious issue. but none of those other issues are likely to be her not until after their relation to the first time they come up, -- there's a lot of extractor about it, porn stars et cetera, is nonetheless a convoluted case its hard for the ordinary person to get their head

around and lots of other people, the predecessor of the da, the department of justice, the federal election commission alter collect at this and said were taking a pass. >> charles: the prosecution started there argument this afternoon saying the august 2015 meeting was the subversion of democracy. that's a pretty strong phrase and you have to wonder, president biden has so much animosity towards what he calls maga republicans, if he uses words like that and statements like that again, i just wonder about the notion that every time there's an election, both sides typically say i want to unite the country. i feel like anything that could be said particularly from president biden and on his track record in his animosity toward trump borders could make this -- and make things really awful in this country right now. >> yeah. remember, we had hillary clinton talk about the deplorable's. we had president obama talk

about the people who claim to their guns, the religion and there's a phobia. there are group in america that feels a significant part of the political class particularly at the upper echelons of the democratic party have no respect for them. and that matters a lot. and so for the current president to go out there and allow he and his surrogates to talk with the kind of language that are talking about, it energizes the people who are for trump just as it energizes people who are already against trump. much what's left up in this election and what will decide as a nation or group of people are not really enthusiastic about either one of these men and that kind of language that would robert de niro deployed today and that the president has deployed in previous speeches, it doesn't speak to the concerns and desires of those people. >> charles: you know, he reference robert de niro, to robert de niro. i want to share what the audience, these comments that you referred to, because everyone needs to hear it. let's take a lesson. >> this thing, donald trump has created this.

you should be telling them not to do this. but he's just -- he wants to -- he wants to so in total chaos. >> charles: carl? >> look at we gotten to a where we seem to be saying the craziest things in order to, you know, eviscerate our opponent. and it doesn't work, you know, again, he is talking to the true believers on his side just as donald trump sometimes talks to only the true believers on his side. the winner in this race is going to be the person who can figure out how they can articulate a message that says the people over the next four years i'm going to do things that is going to make your life better. right now the lunchroom has the advantage in that because people are looking at the border problem, the problems that the piece when they go to the grocery store and deal with all the other issues, trying to make there monthly paycheck balance against their monthly bills. you got the advantage at

those -- on those issues. so this kind of language on the surrogates on behalf of president biden does not help him just at that kind of language on behalf of the surrogates of donald trump doesn't help him. >> charles: karl rove, thank you very much. >> you better. thank you. >> charles: looking lab at the new york state supreme court. human -- we may hear from former president trump after court insurance. >> ♪ ♪ well done, viv. you got the presents, the balloons and the raptor cake. now, how about something to put a smile on your face? aspen dental provides complete, affordable care with dentists and labs in one place plus free exams and x-rays for new patients without insurance... and 20% off treatment plans for everyone. quality care at a price worth celebrating. it's one more way aspen dental is in your corner. lowe's knows the right paint at a great price can get you the right look today. that's why select paints and stains are buy one get one half off.

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mattress sets, and experience deep, undisturbed rest. learn more at tempurpedic.com >> ♪ ♪ >> charles: closing arguments from the prosecution continuing in the trump trial. faksa' shannon bream has been downtown at new york state supreme court all day. shannon, what is your take on how things have been going?

>> listen, i was in the courtroom today or excuse me in the courthouse in the overflow room with cingular plans' closing arguments. they go here first in new york, that's how it works and essentially they said michael cohen is a liar, you've caught him lying, he's admitted to lying so he is the one guy in a room for all the things that are supposed up in this prosecution's case together, he's the one guided by understand and you can't rely him -- on him or can you? is up to your judgement but he's likely you, he's like many other times that we've caught him. that's where the defense wins. the prosecution -- there's a methodical, plotting kind of way -- the prosecution is saying will take two to three times longer than the defense did an they will be the last one that most of these jurors will hear from unless something smothers an unusual ruling from the judge. the defense is done. she'll know the prosecution has this captive audience is now tried to rehabilitate michael cohen and work through some of the testimony. some of this -- to hear from these folks weeks ago, you think about the woodpecker and stormy daniels calendar

is being refreshed and i have to imagine want to start deliberation they will pull some of the testimony and walk back through. so it's a prosecution's case -- turn now, they say a mike colle 89 unless they decide to break and get the jury back tomorrow morning. again all of it pays back to the judge and the fact that he is going to give this to read the instructions. is the one that tells them what the law is, how they are to interpret it and wants to get the deliberations it's the judge's instructions that will guide them threw this whole thing. so he's made a number of rulings that the defense team and their classic -- trouble for the prosecution on appeal if the president is convicted on any of these 34 counts. the judge does seem to have a soft spot in his heart for a lot of what the prosecution is trying to do. he is regularly overruling the defense and it's my colleagues inside the court house not saying listen at some point as the defense, you don't want to object to everything the prosecution is doing even if you think they're getting it wrong because it draws more attention to you and mr cates

look like you're desperate, you're grasping at straws your constantly objecting and that's what the defense has to choose their battles very carefully in this process were in now where the persecution saying that even halfway through the closing arguments. >> charles: let me book -- think about that and a couple of other things. jonathan turley had tweeted about an hour ago that trend one seems to have kept the defense on a small neighborhood while allowing the prosecution to go global globetrotting and with president -- prejudicial and in my view improper references. i'm -- i get where you're coming from in respect to not looking desperate and smacked but has to be frustrating when it feels like the judge is against you and for the other side. >> and the defense has felt long way from the beginning. you've heard from president trump, -- fordice judge to recuse himself, for somebody else to be on the case. that just hasn't happened. the gag order has been upheld, on the things judge merchan has done to this point, other courts when they've examined them have up

held them. he stood by them. so they have to work with the judge and with the jury indicates that they have in front of them right now. we talk about what's being allowed in this for example the fact that david packer's nonpersecution agreement was allowed in, michael cohen's guilty pleas have been allowed in. to help instruct the jury you cannot take that as probative of president trump of being guilty of any election violations and yet they been able to talk about this over and over again. in order defense wanted to bring -- bringing former sec commissioner bradley smith to say here is the law, here's the election law situation let me talk you threw that. the judge said no or he was going to allow him with very tight restrictions. so the defense will say again hearing about packer, we're here about trying to, their opinions on election law but you didn't let us bring our experts on election law in. that's just one of the examples where the defense is feelings laura brennan over by this judge. will will cp mack the only audience that matters in the jury and in president trump's defense team has convinced at least one juror, this all

does not rise to a level of reasonable doubt that essentially would have to, you know, count something like a mistrial or a hung jury as a victory of this point. >> charles: before i let you go, methodical plotting, i like that term, is the attention span going to be long enough for that? >> yeah, and that is a tricky part, charles, your story because all of this -- that's why most part, cannot capture on there because there is sort of the function for our current attention span. this is ours as though. these jurors have been here for weeks, sometimes brevity really is the soul of went. you were trying to connect with the jury, you know they're been away from their family, their jobs calendar children, whatever obligation they have in relapse, you're telling them know that this will go in to the evening and maybe we'll continue this in the morning, you have to wonder if they lose some of the attention when they get in to the details. they've heard those -- you have to leave them with something memorable when this is the last time they'll hear

from you as council. >> charles: absolutely. shannon, thank you very much. so as we said closing arguments continues in the trump trial and when they arrived we will see a former president trump makes his remarks. pods spring moving sale has been extended! save up to 25% on moving and storage until june 10th...

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application. are they flailing here, this disk is my business feel consistently you? registering up a bunch of things against the wall to see what sticks, you match. >> i agree with you, that's what they're doing. i think the strategy is through a lot -- make the closing seem so long that the jury will start to say well, the closing was so long they must have had a lot to say, they must have proved their case to mack they seem to be just coming up with nonsense after nonsense in trying to justify some of this extraneous -- extraneous information as evidenced in an election interference case. it is not. it is not is just the prosecution really grasping at straws again, trying to either confuse the jury or make it appear as if it's very important because it's been going on for such a long time

that they have so much to say but what they're saying doesn't have merit. >> charles: mercedes -- again bring up a stormy daniels, steinglass says trump was trying to muzzle stormy. so again, the focus -- focusing on these areas, your thoughts on this approach? >> you know, charles, the nda, it was good to hear that the prosecution actually admitted the nda's generally speaking are fine, of their lawful. this is something that's done pretty routinely across the country. so that was not one admission. but in terms of that's pretty much what the prosecution should -- what the fence should emphasize is

its a transaction. if she didn't want to sell her story, guess what, charles, she didn't have to. she could've told her lawyer i'm not doing it, are not agreeing to it, i'm done. i'm going to go and tell my story. so it's not that she was forced to be silent can lead in the ease don't have the power, you can always have the power to say no. not power especially when you represents by council could certainly have been an argument that the defense of really drilled in during the closing. >> charles: what about bringing up the access hollywood tape, mercedes, what's that all about? >> the access hollywood tape is -- just like others have been criticizing about stormy daniels appears in a courtroom, was it really necessary when you're talking, like, rebecca said about fraudulent paperwork and trying to influence the election, what year stormy daniels who already agreed interplay between the parties the nda existed between former president trump and stormy daniels, the basis for it, has to be decided by the

jury, she didn't have to come in and testify. so if you're going to believe that prosecution's entire can -- intent was to really blemish the reputation of the former president, while there is something that you would do. but access hollywood. and there's going to be any siblings of current connection will be to go back to what hope picks testified to, she said that the theory and the chaos really started in the campaign when the access hollywood tape was released in the summer of 2015 which then led to this payment stormy daniels. at least that's how they probably -- if the prosecution were confronted with the same question you're asking, they would probably say to you is because of hope picks testimony and we're looking back to the tape. so it's important for the jury to learn about that. >> charles: there was a category five storm, so to speak. >> exactly. >> charles: rebecca -- >> exactly. >> charles: i'm looking at par blanche's -- you listed ten reasons why the jurors should find reasonable doubt, he began with the invoices,

the -- number chy-mac the vultures, number 3 no attempt to conceal -- emi, would've run the trump tower -- the norman story, karen mcdougal did not want her story published, stormy daniels was already public calculation of evidence he argues with cohen possibly tampering with an cohen number 10 is human embodiment of reasonable doubt. the point though that mercedes just made, where the areas hear that you think maybe the defense might have -- a been a better job? >> from what i've been reading about what happens in the courtroom, i personally think the defense did a very good job because they kept it very clean. and when you go in and speak with a jury, you evaluate, as you are there, as a trial attorney, you evaluate what you jury looks like, what -- how they're reacting to you, and you make tactical decisions on the spot.

i think that a list was extremely effective. i wasn't there, it's hard for me to know, but i know that jurors like to be told very directly, this is our position and this is why. a lot of the extra information gets lost or becomes annoying to a jury. as you've said, we've been there for weeks. they want to get this information succinctly so they can make decisions. and i really loved that point by point information that par blanche gave to the jury. these are the reasons why there is no case. one, two, three, four -- it's really great especially at a time when attention spans as shannon were saying are limited. attention spans are limited to 15 minutes and i really think that that be an effective strategy with this jury not knowing them but knowing there are two lawyers on this panel.

they want to hear just the facts. >> charles: leslie been there, ladies. thank you both very much. meanwhile some legal water saying the defense should be objecting more. we'll exploit why they're not and we'll go back to the courthouse for another live update, next. >> ♪ ♪ (smelling) ew. gotta get rid of this. ♪tell me why♪ because it stinks. ♪have you tried downy rinse and refresh♪ it helps remove odors 3x better than detergent alone. it worked guys! ♪yeahhhh♪ downy rinse and refresh.

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>> ♪ ♪ >> charles: you're looking live at new york state supreme court in lower manhattan where the prosecution is making his case to the jury. fox news' nate foy joins us from outside the courthouse with the very latest. >> higher, charles. right on the prosecution is arguing that because trump is a savvy businessman engineer really knows the details of his affairs and that michael cohen didn't have the authority to spend money they argue that trump must have been behind the stormy daniels deal. trump's lawyers maintain that cohen did that by himself in order to gain trump's flavour and possibly secure a position in trump's white house. somebody said that -- testified cohen appeared very important to press that one witness even describe them as looking suicidal after he did not receive a position in the white house. prosecution tran part -- describing it as catastrophic

for the trump campaign and providing more motivation to suppress the stormy daniels story. steinglass argue that trump engaged in a conspiracy with cohen and david packer to seacrest -- suppress negative stories about him and lock on -- unlawfully influence in 2016 election but the only person directly connecting trump to the stormy daniels deal is cohen himself are make an cohen of course had admitted to lying under oath several times. trump attorney par blanche called cohen the greatest player of all time today. accused cohen of blank several times understand and under trial as well including on the phone call threw trump's bodyguard keith schiller where he said he alerted trump of the daniel's deal despite text messages showing that he actually wanted to talk to schiller about harassing phone call that he was receiving. and also that he did work for trump in 2017 but didn't expect to be paid for that work. instead cohen maintaining that all payments were reimbursements for the stormy daniels deal. so a bit earlier prosecutors said they were one third of the way through the

prosecution. we are inching forward but the trial is expected to go beyond its typical for 30:00 and date today. we have been told that trump will speak when port and scrap it just remains to be seen word michael naccache that will be. >> charles: for a let you go a lot of support --'s regulation about's instructions even more so today with the defense objections being shot down. there some speculate as to whether or not they should continue to object or should they stop because maybe the look desperate. >> i would assume that they'll continue to object when they feel that it's warranted, charles, but you mentioned this -- this is a key point because stack -- steinglass à la particular here, continues bringing up cohen's 2018 guilty plea as well as the nonprosecution agreement that damon packer, the former american media c ceo, entered. and doing the jury

instruction discussions, a big point of debate was whether or not those two things can implied trump's guilt. and it was decided that they couldn't imply trump's guilt based off the actions of other men. however, the jury has not heard a lot about those two things and it will be up to the judge, we'll see he actually said something to the jury possibly tomorrow or whenever the jury instructions are given, reminding them that those two men and their actions proven actions don't imply trump's guilt in this case. are sent back to you. >> charles: thank you. meantime the judge in trump's federal classified documents case rejected prosecutor's request for a gag order and former president trump. fox news' davis point is that the of justice with a very latest there. >> this is the case in florida on the documents, those that classified documents to mar-a-lago. another case plaguing the former president although this is right now just on

hold for several months. but the judge in the case said that donald trump, the former president of the united states, can continue making statements even against the wishes of special counsel derek smyth who says that his statements recently over the past few days about the fbi are not only false and inflammatory, are also dangerous to law enforcement special counsel wanted a gag order put in place last friday. he wrote the court in an official motion consisting that the president continues to play in to a narrative that the fbi planned to kill him doing their rate of mar-a-lago in august of 2022, not only weather president -- former president not there but he took the -- and made it appear as though he was under attack by the fbi. he said on social media, "the fbi was locked and loaded ready to take me out." the fbi responded with a statement explaining that agents always carry their guns no exceptions, and they were following a long-standing policy surrounding the use of force.

the special counsel wrote, "these deceptive inflammatory claims exposed law enforcement professionals who are involved in this case to a justified the next -- an acceptable risk. the invite the soil threats and harassment that have occurred another residence in legal proceedings in trump have been targeted by his -- statement included in operations order for the search of the former president's residents was also included in operations order for the search of the sitting president, meeting president biden's home in delaware, as is standard practice for all mpr operations orders. ultimately, charles, that trump appointed judge in florida denied this request, she is not -- to possibly later this summer but at least a few months out when no firm date. not from's attorneys fort mac saying this is a way overblown, donald trump can have the freedom of speech, should not be bound by any sort of gag order, i reached out to the special counsel's

office. no comment, charles? >> charles: david carr thank you very much. we are waiting on the possible remarks from donald trump when he leaves the courthouse of further hearing on the pulley arguments. >> ♪ ♪ like what is your glucose and can you have more carbs? before you decide with the freestyle libre 3 system know your glucose and where it's heading no fingersticks needed. now the world's smallest and thinnest sensor sends your glucose levels directly to your smartphone. manage your diabetes with more confidence and lower your a1c. the #1 cgm prescribed in the u.s. try it for free at freestylelibre.us

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>> hey there, charles. the prosecution is now entering what seems like is approaching our three of their closing arguments. they started around 2:00 today. one issue that one has to wonder is the length of these closing arguments. whether the jurors are going to take that to mean wow, prosecutors have a lot to say. this must be very important. or are they going to draw negative inference from that, wondering why is this going on for so long? can they quickly get to the point and wrap this up so we can move on? in the defense closing arguments that happened earlier this morning, the defense landed some major blows on the prosecution's star witness, michael cohen, pointing out that he's a known liar, a perjurer, someone who admitted to lying to congress, lying to his family, lying to his wife, stealing from the trump organization. surreptitiously recording his own client, donald trump, all of this with the argument being,

how can one now convict the former president based on the word of michael cohen? so what i have been looking for during the prosecution's closing arguments are signs that they are able to rehabilitate michael cohen's image. what other types of corroborating evidence of able to point to that fortify his testimony that he told donald trump about the stormy daniels payment at the time they were happening. so far we are not hearing a lot of that maybe that's because the evidence was weak on that point. maybe they are still building to it. right now it seems like we are hearing a lot of dancing around the ancillary issues, whether there was an election interference, why the payment to stormy daniels was made, whether the "access hollywood" tape issue was an indication this was all an influence trickle effort to influence the election. this is still going on and carrying into the evening hours, charles. >> charles: thank you very much. as you were speaking, we saw former president trump. they are taking another break. apparently will be from 5:00 to

5:30. i want to bring in former deputy counsel sol wisenberg. to get your thoughts on the prosecution. how is it going for them so far? >> it's very, very hard to say if you're not in the courtroom and you're not getting actual transcripts. i will tell you that the judge has certainly made it very much easier for them with his rulings. somebody had mentioned earlier, why doesn't the defense object more? you know, you can always solve that by saying "your honor, i would like to have a running objection to this line of argument or testimony." i'm not sure if that's been or not. but you know, the real test will come on we find out for sure tomorrow in the decision by the judge on the jury instructions. what we've been able to glean so far from the transcript we've seen is that he's going for the

most part with the prosecution's theory. but keep this in mind, charles. they still have to prove -- the government has to prove that donald trump -- forget about everything else, intent to defraud, and everything else, they've got to prove that he intended to violate federal election law, whether it be civil or criminal. i don't think anybody -- i've seen no evidence, even if they didn't impeach cohen at all, which we know they did, i haven't seen any evidence even from cohen, the thing discussed, the federal election code. it ain't over yet. >> charles: real quickly. when prosecution began its closing arguments it said there were false records intended to cover up a conspiracy. they keep alluding to the fact that cohen is a liar and he did a lot of things wrong. the inference is that trump knew. is there any proof anywhere that

trump actually knew other than that cohen works for him? where is the smoking gun? >> well and, again, if you focus on the fact that he's got to be a -- trump has to be -- they have to find beyond a reasonable doubt that trump was intending to violate a separate law, to cover up a separate thing. it was not the federal election code or state election code, what would it be? there's no indication that trump knew anything about that. there are a million problems with this case and how it was tried. but i see that is the key problem for the prosecution. >> charles: thank you very much. folks at home, thank you for watching. catch me tomorrow at 2:00 p.m. eastern on fox business network. "making money." neil is back tomorrow. for right now, here is "the five." ♪ ♪