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that'll do it for me for now. now it's time for the last word with the great lawrence o'donnell. lawrence swapped in for me today. my seat at the trump courthouse. lawrence, looking at the transcript, i feel you kind of got the more dramatic part of the day? >> awe, rachel. so i've been mostly the courtroom. but once before i was in the overflow room, which say cross the hall. this morning i was in the overflow room for a few reasons including i woke up late. but you were so gracious to hand me your pass in the afternoon, which is totally legal. we can do that. so i was in the courtroom for the moment you really wanted to be. you had to be in the courtroom. it was astonishing.

i'm going to describe it here when we get started. but rachel, i've got three exclamation points in my notes beside the clear the courtroom line, which was you know the judge, you've been in that room with him. >> he's the dial tone, an even keel guy. >> he's the most minor mannered judge. most judges are fair as you could see that right away. it's one of the greatest things that they can't see how fair and even tempered he is. and so when he says something, which he did, wow, that'll change that room. >> i do not want to undercut your she, but can i have you an objective experience? when he said clear the

courtroom, was it clear to you that it meant you? knowing that they would need to get out to run out. >> and half of them did not think that it would show up and i knew right away what he wanted and is that comes from a lifetime of experience of being in courtrooms. and in that lifetime, which happened to criminal defense lawyer, i never heard those words. it's like clear the movie theater. and it was the most ridiculous misfire the defense possibly could have put on.

and he's the only one. and he is suppose to testify and what, save donald trump? and as long as he's silence, he's the craziest in the courtroom. and i'm also desperate to hear the analysis to put on a witness who was going to offend not only from all accounts that i've heard today, but the way he was talking to the female lawyer and the judge, so he had to take the step. the strategy for putting them on when they are not mounting a defense, essentially saying this is what we want you to

think of. i cannot wait to hear them in office. >> we have trial strategist andrew weissmann with his strategy. that is how i would describe the trump team. that strategy probably came from donald trump. it might have been the crazy defendant's idea. >> let's put on a forbes magazine that i printed off from make your own thing and that says i'm a rich guy. all right, go to it. >> thank you for getting me in that courtroom. >> of course. clear the courtroom. now you can spend your life working in courtrooms and never

hear those words. it would feel all the more impossible that you are hearing the words clear the courtroom and that you are hearing those words said loudly and most shockingly of all, angrily by the judge as we did today i asked a retired new york city judge who was in the audience today. how many times did he have to clear the courtroom when he was a judge. his answer is as expected. everyone gets to know each other other. and we make new friends at other news organizations during the breaks. the jury becomes very familiar

with all of the lawyers. they know which of us are the regulars and the tourists, popping in for the day. and the leader of every courtroom community is the judge. he or she sits literally above us all at a higher altitude that the judge actually does have a good trial judge who will keep things moving efficiently. does not waste time, and very aware of the jury's needs and does everything they can to accommodate and treat them as the most important kind of people in the room than later after the trial when some are asked about their judge and friends.

their quick answer is i i love them. i love the judge. and they have every people that any juror has ever felt about their trial judge, their boss. and so i know from experience as much as anything from courtroom life that the jury county like it one bit today when the only testifying witness the trump defense is going to decide will openly disrespect the judge that the jury respects so fully. robert costello was the second witness called by the defense and its last witness. there won't be anymore witnesses. the first witness was a paralegal who works for the trump's defense team, who was there to introduce a spread sheet that he created over a

list of phone calls. that would not be a real treatment. and it comes down to robert costello who used to worn as a federal prosecutor for rudolph giuliani as his boss. robert costello was one of the lawyers michael cohen decided to retain. his office was located exactly 20 floors above where i'm sitting right now in this vast office building in rockefeller center. he decided not to hire robert costello. today anyone could see why. for once the worst criminal defense lawyer in the room was

not one employed by donald trump. i have not seen a worse criminal defense lawyer than robert costello or a stupider one. based on what we saw him do on the witness stand today. the defense warning, did the questioning, the objective to the attorney's questions. almost all of the objections were sustained instantly by the judge who makes very quick decisions. because robert costello answered questions, his answers were being raised. back channel, is that a term giuliani used? answer yes. move to strike, your honor.

stricken means. yes could not be used as evidence. the jury could not quote that later. but he did not like the objections. it's not unusual for lawyers as witnesses to have their own opinion about the objections. but it is very unusual for them to in any way voice that opinion about the objections from the witness stand. the attorney michael cohen surely had some feelings about the objections. but he behaved in a fully professional way for a lawyer on his credibility and simply his his manor that was respectful of the process and respectful of the judge at all times. fully respectful of donald examining him to what the most

frequent answer was, yes, sir. yes, sir. repeatedly. always called him sir. here is one we all heard and saw, something we would never see in a courtroom before. little did we know there was much more to come after this. take a look at the second photograph of the e-mail. do you see where it says the question of timing is immature. what did you think of that? i was in the courtroom in i could hear robert costello who is sitting beside the jury say gee, all the way back there. about the objection. that was his attitude towards the objection. more importantly that was his attitude about the judge

sustaining the objection. z jeez,jeez. the judge was shocked. i was shocked. we have never seen the judge shocked. and was no doubt shocked and tried to race past the moment with another question, which got another objection and was sustained. but the judge leaned across the bench and raised at the witness right there and i'm sorry, meaning what did you say? and not in an angry way, he said i'm sorry. again meaning what did you just say? of course he knew what he said. he said jeez, and that drew

attention to what robert costello said. the judge drew that attention in a big way. that line i just told you from the judge saying i'm sorry, i'm sorry. that line does not appear in the court transcript because too much was happening in the courtroom for the court reporter who had never seen anything like this. and this is something that people who deal with court transcripts for many years know especially transcripts produced at very high speed like the daily transcripts in this trial. they frequently have small and always unimportant errors. words left out. words that are simply incorrect. for example in that same transcript earlier when robert costello was introduced in the transcript as a witness, the transcript incorrectly says robert j. costello, a witness

called on behalf of the people. now that is wrong. robert costello was called on behalf of the defense. and the lawyers of both sides of the case will be able to use and work with this transcript without suffering any harm from those small typos that they will all recognize and other occasional words left out. and that is just something you need to know about this transcript. this transcript is amazing. i have never seen a transcript make a mistake on any crucial word. but the factoid and simply these transcripts can sometimes be slightly wrong. after the judge said i'm sorry the second time, by which he meant pardon me, what did you just say and he meant it in a threatening manner.

robert costello said strike it. you they start over again. that doesn't mean the question they started actually gets stricken from the record. it is just almost a note to themselves that the question wasn't going to come up, right? so let me start this over again. and that is like what the lawyer is saying nevermind, i'm not going to ask that question. i have another question. everyone. so over something that even he at that point realized he should have never said that wise guy jeez about the judge publicly. in the room in front of the jury, attacking the judge sustaining an objection. it was a level of madness by a witness who actually is a criminal defense lawyer that you could only wonder whether

he should be immediately subjected to a sobriety test. how else could that happen? that's how out there and crazy and out of control that moment was from a criminal defense lawyer, but it got worse. the judge shifted into saying council, can the jury please step up? he would turn to the witness beside him. but i'm sorry, go ahead, judge merchan. i want to discuss proper day

quorum. and you don't say strike it because i'm the only one that can strike testimony in the courtroom. do you understand that? robert costello, i understand. judge merchan. okay. and then if you don't like my ruling, you don't give me side eye, and you don't roll your eyes. do you understand that? do you understand that? robert costello, i understand that, i understand what you're saying. judge merchan, okay, thank you. let's get the jury back. are you staring at me right now? no, clear the courtroom, please. clear the room. >> the sergeant, sir, please, the court officer, step outside please, step outside, step to the side, please, and we all began to get up to leave the courtroom. those of us who knew that the judge had full authority to clear that courtroom. half the reporters in the courtroom tried to stay in their seats. some tried to argue with the

judge. and they have a right to be in the courtroom. for two pages of court transcript. there are entries that we've never seen before in a court transcript quoting the court officer saying step out repeatedly. a person in the audience saying why? this is an open courtroom. the court officer saying this is not an open courtroom. we will answer all questions in the hallway. please step out. this is a supreme court courtroom step out. person in the audience, this is an open courtroom. now you can spend your life reading court transcripts. you will never see the entry person in the audience. that does not happen. what we have, what we have for the minutes it took to clear

that courtroom. what we had then was chaos in the courtroom, all caused by the wise guy on the witness stand who decided he was going to show the judge that he was smarter than the shown and worse for him and for the trump defense, he was going to show the jury that he thinks he's smarter than their judge. and it is very unlikely that that jury thinks there is anyone in that courtroom who is as smart as their judge. after five minutes in the hallway that seems like forever, we were brought back into the courtroom. having no idea what was said in our absence. but knowing it was about the wise guy. the final pages of the complete thing and we got to see what happened when judge merchan

cleared the courtroom. the transcript says, "the court is cleared of people and the audience by the court officers at this time. the court, all right," let it reflect it is five after 4:00. let it reflect the court officers had great difficulty clearing the courtroom because the courtroom is made up primarily of the press. i can appreciate the press wants to be present for every part of these proceedings. therefore this record is not sealed. the press will have access to this record. the fact i had to clear the courtroom and the court officers including the cap had difficulty clearing the cap. and during press, will go to why you want to clear them in the first place. that is your conduct that is contentious contemtuous.

and do you understand me? and yes, judge, i understand. the court, listen to the question and answer the question. the witness, can i say something, please? the court, no, no. this is not a conversation. the witness, okay. the court. all right, let's bring the press back in, please. the court officer, okay. the press is entering the courtroom. that team of able court officers who are already doing an above and duty job every day beginning for many of them at 6:30 a.m. had to do something today as a

team they never knew would expect. clear that courtroom. they did it calmly, correctly using their authority. understanding the confusion that many supporters were suffering. but they got us all out of that courtroom. they got us all back in that courtroom. it was five minutes later. they did it with remarkable professionalism. it is just remarkable how quickly and efficiently they went into action as a team of court officers for something and they never expected to have something, and they had to do it because the only witness testifying for donald trump's defense was contemptuous from the start. as angry of a moment as that moment was for judge merchan, that anger was a small fraction of what many other judges would

have legitimately shown for the utterly contemptuous witness for the trump defense. michael cohen testified to the jury he didn't hire robert costello because he didn't trust him. michael cohen said he believes robert costello would tell rudy giuliani and donald trump everything michael cohen might tell robert costello. he's obviously the contempt for the judge. probably would convince most of the jurors that michael cohen was right about the contemptuous robert costello. we'll consider all the evidence introduced at the trial today including on michael cohen's cross-examination with andrew weissmann, lisa reuben after this break. we'll show you how the defense, which claims donald trump's payments to michael cohen were not reimbursements. made the mistake today of

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i'm joined by the courthouse class tonight. andrew, i want to start with rachel maddow's question. she gave me the question in our handoff there of what was the strategy of putting robert costello on the stand for the defense? >> it was a really good witness for the prosecution to have the defense call. okay, i think i followed that. donald trump said i have a witness that i want you to put in the grand jury, mr. costello. and this i told you so. but at the time i remember

thinking that is an odd choice because what you have as a defense lawyer is the element of surprise. that's one of the few things you'll have. he won't prevent the grand jury from going forward. that seems highly unlikely. and so you are now laying out for the prosecution what this witness will say. i'm like well, they not only know what he says, but they have a year to prepare to cross examine him, and i was thinking there is no way they will call him because of that. sure enough they did and obviously the cross is still going on, so we can't make a final conclusion. we don't know how the jury will assess him. having said all of those caveats, your analysis of he is an exhibit to what michael cohen said seems clear. he's on paper doing what the jury could easily find to be

sort of classic mob work, which is using a lawyer to find out whether someone is cooperating and report it back to the boss. he says that's not happen, and they could credit the written record at the time. but extremely odd choice. and if there is any witness here who makes michael cohen look better in terms of credibility, it's this witness in my view. so i just, i do not feel for the life of me understand that. i keep on saying it is a real good defense lawyer. i have to suspect she's sitting there dying on this choice, the choice to put him on. >> it is interesting to watch her because she stays far away from donald trump, she's down on the end. when there is a bench conference she doesn't participate in, she leaves him alone and doesn't try to, you know, help him get through the boring moments.

lisa ruben, first of all, everybody, feel free to reach back to the piece of evidence today because there is so much to cover. i want to ask you about certain points. but one of the big fights of the morning was the introduction of a photograph taken from c-span footage at 7:57 p.m. keith is the bodyguard. that's what got introduced. they fought this as if it was absolutely crushing to them. and because they said okay, if you could fight it, we will fly in a witness from louisiana, which i suspect made the defense think oh boy, that's going to make this a much bigger deal when it gets introduced and it will get introduced because they were

just hanging on the tech noll point. so they would agree to let that go in and that was a very, very big thing in the morning because that photograph is taken at 7:57 p.m. at 8:02 p.m. that we know from the testimony where he called keith, the guy in the red tie and he is beside trump and i got the okay on stormy daniels. that is the supporting evidence. >> it is a big moment for susan who led the direct of michael cohen and must have just missed, and on some level, that is understandable, the reames of the phone call records here and related data was huge. on the other hand to not have addressed it at all, given that

they acted like that tom cruise moment would have been a mistake. and they were fortunate to discover that they could call back to it and say it again to michael cohen. and isn't it possible that you addressed both subjects in that 96-second phone call and he said yes and it was one of the last questions he asked him and i love what his lawyer told jen psaki tonight. 96 seconds, it is a long time and to let them marinade, so they could imagine how much could fill it as she compared it and it is a conversation

with trump in 2016. and it is about a min and 30 seconds long, and i thought both the picture and the way to get him to commitment was really strong tonight. >> and that is another example of how much could be said are the bench conferences that i counted two today. let's listen to that tape that michael cohen made of donald trump when they are talking about karen mcdougal. this is only 30 seconds of tape, and it shows you how much ground they can cover in discussing their various conspiracies. >> i have spoken to allen weisselberg about how to set up the whole thing with funding -- yes. and it is all the stuff, all the stuff. because here you never know where that company, you never

know. and so i'm aloof that. i spoke to allen about it. when it comes to the financing. >> what financing? >> no, no, no. i got this. no, no, no. >> and adam, that is 32 seconds long. they're talking about a conversation that was three times as long. and he talked to pete schiller. the next 64 seconds, talking about the stormy situation. there was an argument being made today by cross-examination that in the calculation of what he would be paid, he asked for a reimbursement of $50,000 that he made on donald trump's behalf to a tech company that

turns out it was only $20,000. michael cohen paid $20,000. so todd blanch said you got reimbursed for the $50,000, not the $20,000. so there have you stole $30,000. and michael cohen, not trying to get into any wrestling match, accepted the idea that he stole $30,000. and the prosecutor cleaned that up a little bit. but the key point and i was listening to that. the only way he stole $30,000, todd, is if you're granting the whole thing was reimbursement and that it is a paycheck and it is not reimbursement. >> you are correct. in that very question that generated all the headlines, admitting that he stole from

his former boss. and i'll take you down to that here. it is a very simple question in the middle of the question that you are having and how to cover up this payment and you lied about how much you owed and correct. a page later, he says again, you did steal from the trump organization based upon the expected reimbursement from red finch, correct? yes, sir. and he spent a great deal of time in cross-examination. just pushing the opposite opposition that this was not a reimbursement. in fact $420,000 is very close to what he made the prior year. so you made $425,000 from the trump organization, correct?

what i mean by that, your base salary and you only got a $50,000 bonus? >> correct. that's $425,000, correct? correct, sir. and pushing this theory that it is familiar. no reimbursement. they might be wondering, wait a minute, isn't he admitting to a stolen money from the organization, and in the prosecution's case? i have a feeling they might pick up during closing arguments. >> let's me read what they did in this area. why didn't you put down 20? and she had been telling them about the $50,000. i was angered because of the reduction and the bonus.

so i felt it was almost like self-help and i wasn't going to correct the conversation that i was having with allen about it, but i also laid out money to red physical injury. like a year and a half earlier to have my bonus cut by two- thirds. it was very upsetting to say the least. but michael cohen, it was. and where do you think, so there are so many things that are going on here when they hear that version that doesn't include the word stole. what happens when they weave into their argument of cross- examination questions? and a theory he represented in his opening.

>> there are very few timesceps i left the government where i said he loves to be back. one part of this thing was made and corroboration was pointed out, what are the defense theory, and that it will be flushed out. it's the handwritten notes by weisselberg, and if i were him, i would have them up on the screen for the entire time. and nothing that has been said deals with it. there is just no logical explanation.

this is why i always wanted and i think they have a smart juror or jury. you want people to not be fooled. just the idea of did michael cohen steal money? i don't think i have ever put on something that did not do something like that to steal money. rick gates had stolen money from paul manafort. it just happens. and that's a standard argument that you would use, which is a good one. it came out of correct and this is not new. for those thinking it is a big deal, it was on direct examination. and what is the evidence of so many things that are bad about michael cohen that he has done in his life and, you know, the litany of things. what is the evidence of that? the person who they never want you to believe who is a total

liar. as soon as he says something that is negative about donald trump and no, no, no. that you can't believe. so you use it to show how inconsistent the defense is in terms of what they are taking from this testimony. >> we have to squeeze in a break here. what stuns me is all the time they spent on that work sheet. not one word of cross- examination about the $130,000 on that sheet, which is what that case is all about. and he never mentioned that $130,000. i couldn't believe my ear. we'll be right back. fred... fuel up to 7 brain health indicators, including your memory.

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back with us. lisa, you just reminded me that on cross-examination of michael cohen, nothing about the discussion with donald trump in the oval office. >> nothing. that's a huge moment. and the reason they don't raise it is because the only person that can counter that is donald trump himself. as we were discussing, donald trump won't take the stand.

we all know he's not taking the stand and they would talk to fox news during the break today. but essentially saying donald trump is going to listen to his lawyers. he wishes that he could, but he's not going to. and that means we will never hear the fictional counter narrative of what did not happen in 2017. >> adam, what else is on the transcript that we just got our hands on? >> after the government finishes their case, it happens every single time that they will offer their motion to dismiss. >> and that was an argument that was held outside the jury? >> yes. and as everyone expected, everyone was trying to dismiss the examine, saying he is an incredible witness and as a matter of law, the entire testimony shouldn't be considered and the case should be then out.

so merchan, needless to say, wasn't impressed with the argument. so he said you want me to take it out of the jury's hands that as a matter of law, this person is so not worthy of the belief that it shouldn't be considered by the jury. mr. blanch, that it should not be considered by the jury, absolutely. that's what i'm asking the court to do. he goes on to continue and the judge tells him and interrupts him to say you said your lies your irrefutable that you said he's going to, that you think he will fool them into believing this slide. and i certainly hope he doesn't convince 12 jurors. >> and every one of those singular points for dismissal of the case right now was that

great question that i taught on the side and he said that alone was worthy of having the case dismissed where in the 90- second phone call might have discussed more than that >> every defense lawyer will make that motion, we understand it. and i'm not sure if it will be made and you know, todd's had his moments and ahigh school has not had his moments. so i think that tomorrow will be an interesting day as we have a sort of short day, and i'm interested, where i think that they had a spectacular day today, you know, in terms of if there is anyone out there that it was a master class and hats

off. and that it was tight and she was making points and responding to what happened and remembering to redirect the jury, which is allowed in many ways and that we were talking before the show. and isn't he not going to overpay for something and really counts his pennies. that is not their argument. so it will be interesting tomorrow to see what happens. i think it will probably be a very good day unless mr. costello has a complete way in which he will pay and to exactly what he was telling the jury. >> we'll squeeze in one final break here. we'll be back with the rest of

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they respond to emails with phone calls... and they don't 'circle back', they're already there. they wear business sneakers and pad their keyboards with something that makes their clickety-clacking... clickety-clackier. but no one loves logistics as much as they do. you need tamra, izzy, and emma. they need a retirement plan. work with principal so we can help you with a retirement and benefits plan that's right for your team. let our expertise round out yours. time for the last word. and lisa, what more can we expect from costello on the witness stand? >> that's one of the things that we might hear is why he was right to sort of trust his spidey sense that he has testified on direct. that he struck him as like off, right? that he never really wanted to hire the guy.

he held him close, dangling himself. and cohen wanted to know what information he could get him. but costello is a troubling figure. having been the former u.s. attorney, the assistant u.s. attorney in the southern district of new york. he's councilled to two major trump world figures, rudy giuliani and steve bannon. both of whom they have sued for unpaid legal fees. rudy in the amount of $1.4 million. and bannon, $100,000. most importantly, he was steve bannon's lawyer with respect to the houses on the january 6 investigation. it was bob costello who told steve bannon, you don't need to respond to the subpoena or go in and invoke the fifth. then he tried to say i relied on the advice of my council. where he said no, you can't do that and that is unreasonable where they upheld that ruling last week. >> and that is his way to prison? >> correct. that it might be coming to

question. >> andrew, the whole michael cohen and stormy daniels thing was discovered this $130,000 by you in the mueller investigation. and here is it turning into the southern district of new york case. the first thing they want to know is how did that happen? and you have this former southern district prosecutor coming in, telling him right away, you know, trying to find out what you know about trump? this was not me digging. i stayed late for two years, one night. but it was there and then, you know, that we referred it. i said what he's doing and even his advice on what he says is like his