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tv   The Last Word With Lawrence O Donnell  MSNBC  May 14, 2024 10:00pm-11:00pm PDT

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payoffs, by republican candidates. the republican party did not specify whether it's bands on abortion should include exceptions for pregnancies resulting from republican political candidates having intercourse with adult film stars. at 9:51, michael cohen was shown an invoice that he created to facilitate donald trump's false bookkeeping record-keeping, to cover up donald trump's reimbursement to michael cohen for paying off adult film star, stormy daniels, to buy her silence about what she says was a very brief sexual encounter with donald trump. "was this invoice a false record?'s the mac yes-man. -- yes ma'am." donald trump faces the criminal charge of falsifying business records. in exactly 15 minutes after gag order one said that, the highest ranking republican in
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america stood outside the courthouse where michael cohen was testifying about false business records and said this. >> president trump is a friend and i want to be here to support him. >> speaker of the house, mike johnson, a southern baptist, who publicly uses his religion to defend and explain everything he does and says, has now proclaimed himself to support a friend who, as johnson's religion would describe it, committed adultery with stormy daniels and arranged it to pay off stormy daniels and arranged to create false business records to cover up his payoff to stormy daniels. mike johnson uses his religion as sword and shield every day, but not just himself, the full weight of the republican party to a microphone to declare support, and the parties support, for everything donald trump is accused of in this
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trial, because here is what speaker johnson did not say, today. i don't believe stormy daniels. in fact, speaker johnson did not say a word about her. he did not attempt to deny a single word of the evidence that has been presented against donald trump, and that leaves speaker johnson supporting donald trump, no matter what donald trump did with stormy daniels or what donald trump did criminally with michael cohen. >> president trump is a friend and i wanted to be here to support him. >> that is the profoundly perverted depth to which donald trump has personally pushed the most overtly religious speaker of the house in history. no other speaker has ever worn and wielded his religion as his professed guide in every single thing that he does and every single vote, and in everything
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he says. religiosity is to mike johnson what vulgarity is to donald trump. it is the essence of the man. so, in supporting his friend, donald trump, mike johnson unwittingly destroyed the facade of his own political religiosity. as mike johnson was debasing himself at the courthouse today, michael cohen was asked, "was this check stub a false statement? >> yes ma'am." michael cohen repeatedly said yes ma'am to the prosecutor who asked him about all the checks he received from donald trump as reimbursement from his payment of $130,000 to stormy daniels. each of them was mislabeled as being for legal services rendered, instead of as a simple reimbursement, which they were. michael cohen's testimony fully delivered all of the evidence of the false business records charged in the district
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attorney's indictment of donald trump and his testimony also delivered the necessary evidence to prove that donald trump's decision to order the payoff to stormy daniels was to save his presidential campaign, not to save his marriage. at the direction of was the key phrase we all read six years ago the federal indictment of michael cohen for illegal trump campaign contributions, and that payment to stormy daniels for the benefit of candidate trump and the trump campaign. the indictment in michael cohen's guilty plea said he made that payment " at the direction of individual one." that turned out to be donald trump. he used that phrase, today, on the witness and, under oath, to describe that he made the payment, "at the direction of donald j trump and for the benefit of donald j trump." the surprise of the day was
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cross-examination. one, donald trump lee defense lawyer, todd blanche, had nothing. one of our guests tonight predicted to me that todd blanche is cross- examination would be terrible. he was right. todd blanche did not support a single relevant point against michael cohen. the other big surprise was that michael cohen maintained his poise and reasonable tone, that he established indirect examination by the prosecutor that few of us expected michael cohen to be able to maintain, under the stress and challenges of cross-examination, but todd blanche presented no challenges. he tried to wake up the jury with his first question. " my name is todd blanche. you and i have never spoken or met before, have we? >> we have not. >> but you know who i am, don't you? >> i do.
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>> on april 23rd, so after the trial started in this case, you in on tiktok and called me a crying little --, didn't you? >> sounds like something i would say." >> but, the jury already knew that michael cohen does not like donald trump anymore. so it came as no surprise to them that michael cohen, who has already testified to being profane might say something about someone, like donald trump's lawyer, like that. the only person who needed waking up in that room today was donald trump's eyes remained closed, by my observation, for about 90% of the day. this is wildly beyond what we have seen before. it's impossible for donald trump not to be asleep during some of his long, extended, i closing sessions including michael cohen's cross- examination. donald trump has insisted after first being caught sleeping
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that he's not sleeping, he's just resting his eyes, but no eyes need to be rested the entire day, even 77-year-old trump eyes. donald trump, who is so aware of everything his face is doing when, for example, taking a mug shot or being on public display in any way, leaves his face with his eyes closed, and tortured, elderly shapes when he drips off into his closed eyes space, his mouth shifts from its preferred scowl to the look of a collapsing old building. the mouth loses all shape, it's become unrecognizable by the wrinkled curves they take under those closed eyes that stay closed, longer than they have ever stayed close in that courtroom. more than 10 minutes at a time. the old man sitting there in the defendant's chair, head tilted back to the right, eyes closed, made it look like a
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trial at a nursing home. if he were found like that in his chair at a table in the nursing home during lunch, he would be immediately checked for signs of life. his lawyers have given up trying to keep donald trump awake. the trick that seemed to work so well yesterday, giving him printed comments full of praise about him to read did not work. nothing worked. especially the trump defense. todd blanche has tried and will continue to try to use michael cohen's own public words emphasize how much michael cohen hates donald trump, but the problem with that, with an american jury, is that michael cohen is speaking for at least 100 million people in america. at least one third of the country and some days, maybe half the country, hates donald trump as much as michael cohen does. no juror will be shocked that michael cohen hates donald trump. they all know people who
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hate donald trump, as do most americans, but the prosecution was able to tell the story effectively to michael cohen's testimony about how donald trump and michael cohen committed crimes together and how that destroyed michael cohen's life, leaving him with more reason than most americans to hate donald trump. i will always protect mr. trump, the michael cohen, in a written statement to the media in the second year of donald trump's presidency that was introduced into evidence today and that is what he was "knee- deep into the cult of donald trump. " cult member michael cohen was stunned when the fbi knocked on his door to serve a search warrant in an investigation that began, with andrew wiseman. michael cohen spoke on the phone to donald trump after that raid and according to his
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testimony today, donald trump told him, "don't worry, everything is going to be fine. i am president of united states. " that was the last time michael cohen spoke to his cult leader. michael cohen testified today "i felt reassured because they had the president of united it's protecting me." then came the messages from donald trump, direct communication, indirect communication, which michael cohen testified that he took to mean, don't flip. donald trump was paying michael cohen legal fees in a joint defense agreement, when michael cohen was getting a "don't flip" message. it was 11:30 in the courtroom which michael cohen said , " don't flip." at that moment, the trial took on the tone of a mafia trial. michael cohen was concerned that robert castillo , the
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lawyer who wanted to defend him, it would not represent his best interests. he testified that castillo, who used to work with rudy giuliani, wanted to establish a back channel, for michael cohen to robert castillo to rudy giuliani to donald trump in the white house. michael cohen wanted to be able to talk to his own defense lawyer without necessarily telling rudy giuliani and donald trump everything he told his lawyer. in an email to michael cohen, trying to convince him to maintain that back channel of communication, robert castillo wrote "you are loved," with the champion oddity of the word loved being in quotation marks. one of those odd uses of quotation marks you see from donald trump tweets and posts. "what did you understand mr. costello to mean by you are
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loved, by whom? >> by president trump." that is what michael cohen wanted. donald trump's respect, admiration, his love, but then, he probably knew that donald trump is incapable of love and luckily for michael cohen, his family was capable of love, even after the horror they experience of an fbi raid in their family home. his wife and his daughter, in college, and his son, in high school, did an intervention. he testified that it was a conversation with his family that made him decide that it was time to escape the trump cult. " by that time in late august, what, of anything, had you decided about whether you would
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continue to live for president trump? >> i made the decision based on the conversation that i had with my family, i would not live for president trump any longer. >> if not for the campaign, would you have paid that money to stormy daniels? >> no, ma'am." michael cohen say the day he pleaded guilty was " the worst day of my life." donald trump issued a tweet that day, aimed at michael cohen . he told the jury that when he testified to congress about paying off stormy daniels and being reimbursed by donald trump, and showing the checks used to reimburse him, "i apologize to congress, i apologize to the country, i apologized to my family." final question the prosecutor asked him before handing them over for cross examination was, "do you have any regrets about your past work and association with donald trump? >> i do. >> what are they?
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>> i regret doing things for him that i should not have. lien, bullying people in order to effectuate a goal. i don't regret working at the trump organization because, as i expressed before, some very interesting, great times. but, to keep the loyalty and to do the things that he asked me to do, i have violated my moral compass and i suffered the penalty, as has my family." and so, in careful, thorough description, the question and answer, michael cohen's story contained the classic arc of tragedy. michael cohen , whose father was a holocaust survivor, made the long and unlikely climb all the way up to a meeting with the president of the united states in the oval office. he stood there that day in the white house, floating high up in the thinner air with the
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title, "personal attorney to the president of the united states. " he reached an altitude he never thought he could reach. but there he was. in the oval office, reaching that high altitude, a higher altitude than his father could have dreamed for his son, or michael cohen could have dreamed for himself. "while you are visiting the white house, did you have a private conversation with them president trump?'s the mac i did. >> where did the conversation take place? >> in the oval office. >> did you discuss the reimbursement payments that were going to be made to you? >> yes ma'am. >> can you tell the jury a bit about that conversation? >> i was sitting with president trump and he asked me if i was okay, if i needed money, and he said no, all good. he said, because i can get a check and i said no, i'm okay. and he said, all right, just make sure you deal with alan.
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>> did he say anything about anything forthcoming? >> excuse me? >> did he say anything about what would be forthcoming to you? >> yes. a check for january and february. >> and at that point in time, you had not yet been reimbursed for the payments you made to stormy daniels? >> no ma'am. >> so, when michael cohen is played by a great actor, you will feel sorry for him. if you were in the courtroom today, you could, for the first time, begin to understand him. after this break, adam, tim, and andrew will join us. much more. take your business to the next stage
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michael cohen, on the witness and, "why, did you pay that money to stormy daniels? >> to ensure the story would not come out would not affect mr. trump's chances of becoming president of the united states. >> if not for the campaign, would you have paid that money to stormy daniels? >> no, ma'am. >> at whose direction and on whose behalf did you commit that crime?'s the mac on behalf of the trump." >> andrew wiseman is with us, tim o'brien, adam klotz feld.
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the audience knows you, we don't have time for your introduction tonight. >> skip it. >> the most important thing, in terms of what we saw today, is when, as a former fellow prosecutor, when you were brought into the molar investigation, you discovered this hundred $30,000, somewhere in that massive investigation about the question of, did russia interfere with the american presidential election? >> totally fortuitous. this is public, i went through prepublication review, it's in my book, and it was very fortuitous. we were looking at this bank account for other reasons and a defense lawyer who had the information sent it, and i remember pulling it up on my computer screen and there was the information we were focusing on and at the bottom, the bank reported something separate which was
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this essential consulting, hundred $30,000 to keith davidson which is odd, but it struck the bank is odd, so it got reported. it >> the bank reported it. >> exactly. so just it was fortuitous, we did some digging on keith davidson but i remember my colleague and i looked up, what is a stormy daniels, and walking into miller's office did >> he knew. >> so, we are all buttoned up, federal prosecutors in blue suits and white ties, very square, and i remember i said, we have a blue dress problem, referring to the independent counsel who did not want to be,
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and we did not want to emulate that as a model, so that led to, in keeping the michael cohen part of the investigation involving russia, and what and that being his perjury to congress, but carving out the salacious part and we were already thinking, what were the representations to the bank, campaign fraud, but that was out of our remit because it was not related to russia, so that was the genesis and then, kudos to the district of new york and kudos to alvin bragg, because walking in the other day to court and seeing, this little fortuitous acorn, seeing proof that is, in my view, truly overwhelming, but for the defendant being donald trump, i think anyone in the business would say this is incredibly strong. you don't ever respect --
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predict with the jury because you don't know but this is incredibly strong. >> we've all been in the courtroom all week but for you, it's got to be so peculiar. you have found little seeds like that in the past in your investigative capacity that have become trials and major trials, but they were your trials. they threw up -- grip exactly where they were supposed to go, from seeds to the flowering of the trial. here you are in federal court, it's a different jurisdiction, years later, and you have reason to think that you were never going to see a trial testimony about this. >> absolutely. this is one of the things that an investigator does. you keep digging. for everything you did for, there are a lot of dry holes, and that is where good prosecutors and more important, really good investigators, agents on the case, are so important. a prosecutor is only good as the agents they are
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working with and they need to be a dog with a bone and go down all of those leads, and you really see that, here. my hat is off to the prosecution team. i just think there is a manner of looking at it with a professional i, the arc of how they put this case together is amazing but it's not to take anything away from the individual witnesses and how, the credit they get in terms of handling this pressure. the final point is, i cannot stress enough, having done high- profile cases but not like this, it's very difficult when there is that searing spotlight on you. it brings out every flaw you have as a lawyer and a person and i think that people sort of forget how much pressure is on both sides. >> speaking the flaws of a lawyer, tim o'brien, who literally wrote the book about
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trump businesses and record- keeping and all that, lying about his wealth level, which got you sued by donald trump, which he lost, tim o'brien, offered me a bet. you wanted to let me that todd's cross-examination would be terrible and we did not, because i'm not a betting man but i liked your side and i had not seen enough to have this view that you have. he is the least effective in the courtroom. you saw this coming. >> i saw you studying your phone and i needed lunch money so i said, maybe i will see, so it's not like i think you are an easy mark but i will bet you five dollars and he said no, because i hope he does.
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before coming to this, i had no idea. i think susan eckel is came to the court with a brilliant reputation. from the very beginning, after jury selection, was in very short order, judge merchan, who i think is in them -- an incredible justice, and gave him 10 seconds into his defense of trump and said you are losing credibility in court and as a lawyer and i feel like that has hung high over him the very beginning and every time i think he stepped up, he is not as polished. he lacks, i think, the narrative ability to
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thematically layout an argument for a jury and i think in front of a jury, you were doing many things but you are either building someone up or taking them down. when it came to having to do cross-examination of michael cohen who had the cross- examination, was estelle -- a stellar witness for the prosecution, a day and a half prior -- >> and how surprised were you at his poise? >> i was very surprised. >> you know him better than any of us. >> michael is a -- a nut. >> he's a volatile guy. he can be. i think in the civil case, in the courtroom, with much more, with a clown, i don't think judge and goran ran a tight courtroom and judge merchan
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does, so i anticipated some of the traits in the civil case would bleed into this . from the beginning, i was amazed at how tempered he was. he hit every point that the prosecution needed him to hit. president trump told me to do this, no, these weren't legal expenses, it was hush money payments, yes we were worried about the impact on the election. those are key things. he sometimes corrected or reminded the prosecutors of the full, robust version of the question. he was terrific and for a jury that doesn't know its history, you've got a lawyer up there who worked for donald trump and was a very good sport. todd blanche had to come in here and say it and create a completely different view, someone who lacked credibility and cannot be trusted, a serial liar. he was hobbled by two things. the first we don't know about, but isis backed his todd blanche has a nightmarish client in donald trump who was probably in his ear, and i want
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you to embarrass him and score points right out of the gate and that doesn't actually made for a good cross-examination. you don't want to just come in there and decapitate them right out of the gate which is what he tried to do with michael cohen. judge merchan was having none of it. judge merchan sustained the objections from prosecution about how michael cohen is being treated and it went downhill from there. >> in the bench conference, judge merchan says something to the effect of, to todd blanche when he stops this, why are you making this about you? >> he says that for a couple of pages of arguments. >> we are sitting in the audience and they are having a bench conference so we don't know what they're saying but we know it's about this and now we know because of the transcript. >> it was so jarring. people heard your opening
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remarks and you talked about how michael cohen and did it , -- ended it, they go to lunch and when they come back, he gives everyone a shot of espresso with that line. then, objection, sustained, sidebar, where the judge asks him, why are you making this about yourself? your honor says, one at a time, i did not hear you. todd blanche on the next page, "i'm not making it about myself. i have a right to show this witnesses bias and he expressed by is -- buys about lawyers because of who he represents." the judge says, "well," and it goes on for two pages, and tell judge merchan says it doesn't matter if he is biased toward you . it doesn't matter. the issue is whether he has bias toward the defendant.
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that was the kind of jarring and kind of hallucinogenic juxtaposition between the stirring code at the end of direct examination, suddenly we are at cross, where rapidfire, todd blanche is tossing michael cohen post after post and every time he's tossing these statements, michael cohen has this refrain , sounds like something i'd say bit i checked the transcript after, he said it sounds like something i would say about five times, from the crying line at the beginning, calling trump a dictator bag, desires to have trump convicted, trump, corey misogynist, something i would say. that's the last one and it
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sounds correct. he said that 15 times. that was just how much material they can supply that with, and that line that started this cross-examination, michael cohen said that friday. that was the tiktok that got the judge angry. >> that is the nutty part of michael cohen but it did not come in except through his past statements. adam, the master of transcripts as they come in, he is the speed reader. ben adams is with me every day, we are together except today, i couldn't sit beside you and somehow i survived. we will take a quick rake and be right back. ht back. all talef true deliveries. i needed a miracle... so i went straight to where miracles happen... social media. hey did someone say miracle? let me see that. so, i got the board to tony...
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a letter from michael cohen's testimony, " during the time you are personal counsel to the president, did you continue to try to protect him? >> yes, ma'am. >> during the time you served as personal counsel to the president, did you continue to lie for him? >> yes. >> why? >> out of loyalty and in order to protect him. >> and at the time, he was president, he is that right?'s >> yes, ma'am." andrew, the prosecution just said we don't have any other witness is, no surprise. they are done. they have basically made their case.
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he might come back with a few questions to michael cohen after cross-examination but it will not be new material, it won't be something we haven't heard, likely something they want us to hear again. this is the case. what you make of the evidence we now know will be available to the jurors in that jury? >> it is, i think, a pretty bold move to and with michael cohen. if you think about the state -- the fact that the state said there might be two witnesses, it suggests they think it's going well. you usually don't end with a witness who may need to be bolstered. in trial, they've had witness, hard evidence, witness, hard evidence, that's a wonderful rhythm to have. here, it's just witness. i think the reason is what this witness is doing is narrating something that from the states perspective, we know happened.
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you know these conversations happened and you know this, but you are now just hearing it. you imagine this is what had to have happened, with all the other proof in the case, and i think it's a very strong case. the key issue is, for the defense, they have to figure out an argument for how is it that they were both involved in this scheme? no question about it, you cannot argue that they were not. they say that they kept it from donald trump, where they had nothing to gain, everything to lose, donald trump has already said, he admits that he paid the reimbursement to michael cohen , and if you were going to try to do that scheme, remember, the way it gets carried out, donald trump has to sign the checks.
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you're saying that i'm not going to tell him, i'm going to try to carry it out and keep them in the dark but for a year, he will sign checks for not 130, the $260,000 from someone who is a micromanager and penny pincher which is also a given in the trial. he is proud of being a hands-on person and being sort of, you know, counting every single penny. you are thinking they were not going to tell him? i think that is a very, very hard thing to get a jury to believe when they are going to be instructed to use their common sense. >> we have all seen just a flawlessly attentive jury, in age demographics, one of the youngest juries i've ever seen. we don't have people donald trump's age on there, it looks like there are no retired people on their. one person
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might be approaching 60, maybe. today, when i am sitting there and i hear these things about, what they just said about, what are the odds of donald trump not knowing what he is signing, i'm saying, i remember the witness who said they were worried about bending 650 without his approval. $650. you studied the business. you studied the way alan does things and you've written a book about it. you know that kind of obsessive detail that donald trump has been described as having about every expenditure. >> i think you know the prosecution was wise when they first laid out all these different passages from trump's various works of fiction in which he talks about how much he pays attention to every dollar, i'm a micromanager, at cetera. in reality, he's a completely
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horrible manager but the one thing he does pay attention to is the money coming in and the money going out and in very small amounts to large amounts. anything over about $1000 to him is a large amount, so there's no way i hundred $30,000 or hundred and $50,000 or $300,000 moved out without him knowing. one person who was with trump at one point when allen was sitting shiver for relative, they arrived at allen's house and trump said he was happy to see the house and the other said why? and trump said, because it's a garbage house and that means alan is not seeing -- stealing from me. his view was that allen would never steal a dime from him. the other part of the argument was possibly that it was just alan weisberg and michael cohen doing this to steal from donald trump. there's no way that has credibility. i think this jury watches this
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and definitely believes that donald trump knew what the payments were for, was authorizing them. we already saw in court that he signed a majority of the checks that were paid to michael cohen. i don't think any jury is sitting there thinking donald trump is a bystander. >> we have to squeeze in a break but when we come back, adam will give us an update from the late breaking transcript that we just got. go. i'll be honest. by the end of the day, my floors...yeesh. but who has the time to clean?
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back with those, andrew and tim o'brien. we need to find a way to put these discussions during the break online. what else should we know from the transcript? >> one of the things that became strikingly evident, we were talking yesterday about the fact that the trump theory of the case relies upon the idea that michael cohen was a selfless giving actor up until 2018 because hicks testimony was that trumps story that cohen was acting on his own does not make sense because cohen was not a selfless person. >> he was saying he was not that kind of guy. >> blanche reinforced the fact that cohen was not the kind of guy.
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i do not recall hearing this. the first meeting with prosecutors in the prison he is in, he is asked, do you recall one of the things you wanted to talk to the prosecutors about when you are in otis villa was the benefit was to you for meeting them. cohen says i did ask that and you told them you have been screwed over by the system correct? i do not know if that is the language i use but that sounds correct. there was another moment where michael cohen and remember i think you remarked that michael cohen sounded temperate, we talked about how even his testimony was, all of a sudden in cross examination it gets more extreme. the trump power meeting, this
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is what he pleaded guilty -- >> his lie was the number of times he talked to trump about it, he said 10 times and he told fbi three times and that was in the investigation you started and that ended up being part of the criminal prosecution of him. >> there was a little bit more to it, he really wanted to distance trump from that including the timing of it. it was both the number of times he talked to him and also when he talked to him because he wanted to remove this as a issue from the campaign. so that turned out to be false. he pled guilty to it. by the way, he had no benefit to lie other than to help trump. you cannot in 1 million years think of a reason for his lying that was not about trump.
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>> you repeatedly made the point that michael cohen is always looking to get rewarded for whatever he has done. >> that was such a thing in the direct, why did you report this to trump and it was not just he is my boss i have to tell him, he wanted credit, he wanted trump to know, the thing he assigned to him he had done. that sense of not just doing a good job but how much it meant to him to have the feeling that he was on top of the world when trump said that was great. you got this sense that it was like a rat with a pallet, he wanted that approval of. >> we have to leave it there, thank you very much for joining us for this important discussion tonight. we will be right back. back.
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that is the last word, the 11th hour with stephanie starts now. tonight, michael cohen's cross-examination. trump's defense team is trying to paint him as motivated by revenge and money. what the former presidents entourage said outside the courtroom. president biden announces new tariffs. january 6 takes center stage in the primaries.