welcome back to "the weekend." we are about the face a very

historic moment. a former american president could sue be a convicted criminal that this coming tuesday, closing arguments are expected to begin in former president donald trump's trial. there has been weeks of testimony from former members of his inner circle including people like michael cohen. who faced a grueling cross- examination but his former attorney says the real smoking gun in this case is in from any witnesses, it's a document that outlines how the hush money payments were made to stormy daniels and lanny davis joins us now. the formal legal adviser to michael cohen and former special counsel to bill clinton. good to see you and thank you for being with us. >> good morning. >> let's talk about this document. if folks had not been following the case and everything that has been happening in court, they might be hard-pressed to believe that the crime was written down. >> well, it is a document that

is in him writing and has been admitted into evidence from allen weisselberg, the closest person to donald trump and the entire trump organization who controlled the money, therefore trump was close to he wrote a document about repaying michael cohen for the money he paid to stormy daniels. which was politically motivated according to donald trump's own friends and witnesses such as david pecker which makes it a crime it was critically -- this document shows how the calculation was made to repay michael cohen and weisselberg's handwriting, he took $420,000, divided it by 12, and that equaled $35,000 which is the check that he wrote each month to michael cohen in 2017. as a sitting president, there is no reference to legals fees. it's about the -- 420 divided by 12 equals $35,000 a month to

repay michael cohen for what he went to jail for which is a crime of paying somebody to be quiet for political reasons right before an election. he went to jail for that and donald trump directed him to do that. in so, let's say there is a juror who brings this piece of evidence, this weisselberg document and said, here it is. as you describe it, here is a smoking gun but you have another juror who says we don't have direct evidence of donald trump's participation. in the falsification of the records. what do you as a juror presented the document say in response? >> well there really are two responses. juries use common sense. this is a document written in him writing and divides by 12 it's all about map there is no reference to legal fees. why would donald trump lie and call them legal fears -- fees limited apparent that it is --

as a sitting president, donald trump wrote checks to michael cohen for $35,000 and the jury will have to say, where is any reference to legal fees? when donald trump posted a tweet that said reimbursement, that is also part of the evidence. a common sense juror decision would be they don't have to depend on michael cohen. that was my piece in real clear politics. they can look at that document say there is no reference to legal fees he lied about legal fees for this is a reimbursement according to is owned chief financial officer and they can conclude beyond a reasonable doubt this had nothing to do with legal fees therefore, the judge will instruct them that if it was a reimbursement for a crime, then he can be found guilty beyond a reasonable doubt without depending on michael cohen's testimony. >> lanny, it's good to see you again. it's been a long time, friend. i want to get your assessment having been in the courtroom and having counseled michael

cohen, what was your vibe with the jury? you are familiar with the space. how do you think his testimony, what alicia just raise, about the potential obstacle, if you will, for making the case? how do you think the jury is reading this trial and taking in the information as presented? is it too complicated? is a pretty straightforward? what is your assessment of what they are hearing and seeing? >> well, first, i wasn't in the courtroom because i was fearful i would be pointed out and called to testify and they did mention my name, so good decision. this is very simple for a jury to figure out. everybody who was a witness, david pecker, hope hicks, this was about campaign related and

that makes it a crime. the federal prosecutors working for donald trump described this as a serious crime. because when you pay are silent, prevent voters from hearing information right before an election, that is a serious a crime according to donald trump federal prosecutors who sent michael cohen to prison. it's very simple. the trunk, as usual, try to change the subject emich michael cohen the accused but i wrote that you don't need to believe michael cohen. the evidence is -- it was politically motivated and that is a crime. second, did he lie about legal fees? of course he did. there was no reference to legal fees. it was math by weisselberg dividing for 20 by 12 and ergo, two crimes making it a verdict without relying on michael cohen. >> you know, lanny, in the lead up to this trial beginning and even while it was going on, donald trump said he would take

the stand. he would testify. he said this before in other cases. he did not take the stand in this case. i want to play for you what donald trump told w abc radio about why he decided not to testify. >> because, he made rulings that makes it very difficult to testify. anything i dig, anything i did in the past, they could bring everything up, and i've had a great pass. but anything. but the other thing is and the main reason and i don't even mind that in fact i liked talking about it. we had been cases for the other reason is because they have no case. in other words, why testify when they have no case. >> i don't know, lanny. we are sitting here at the sound was playing and we are like, donald trump sake i had a great pass, and all the things i did, but crimes, maybe? what is happening here? i don't understand.

>> let me talk to all the trunk voters who watch her program. do you believe -- i know you love mr. trump. do you believe that when he said i would testify, if he's got a story to tell, why would any of that make sense? why would donald trump not just stand up and wait michael cohen did and tell the truth? do you think it is because his lawyer say, no, we don't trust you to tell the truth? trump supporters know that trump promised to testify and the chickened out. even they know that. what he just said made no sense and i know it's surprising that donald trump makes no sense, but it is clearly that he was afraid to testify. he didn't have the fortitude that michael cohen did. >> if you are watching this jury and part of what we are watching for, are there any clarifying questions? that will be our first insight into their sticking points in

their conversations. what are you watching for and what will those questions, should they emerge, indicate to you? >> the jury instruction about what is evidence is key. a lot of people think you have to have direct evidence that donald trump paid reimbursement illegally rather than legal fees. when you look at the document by allen weisselberg, it is obvious and had nothing to do with legal fees. what does obvious mean? there's something called circumstantial evidence that the judge will instruct the jury. i always say from a favorite movie, all the president's men. if history fell asleep at night and there was no snow on the ground, and woke up in the morning and saw snow on the ground, that jury could conclude the on a reasonable doubt that it snowed overnight. that is what they will look at with the document that speaks for itself. believe your lying eyes. that is a hot document that proves the second crime which is falsifying because donald

trump lied when he said it was legal fees to pay michael cohen $35,000 a month for 12 months when it was a division of the money that michael cohen would advance and was repaid and repayment means it's a crime. >> how does other testimony reinforce some central narratives around trump? for example, you have hope hicks echoing david pecker about -- in other words, if the defense is trying to separate donald trump out of this, saying, i didn't know what was going on in this was happening around you, you have testimony that says that cannot be right because you are known as a micromanager and someone as a said, quote, get very involved. in the strategy for the campaign and he knew what he wanted to

say and how he wanted to say it. that translate into how donald trump runs his business and how he manages his affairs. how does that fit into sort of rebuffing this narrative were donald trump somehow being a victim of michael cohen's bad behavior? >> the quick answer is, believe in the jury system. most juries, almost all, are very conscientious and respectful of the law. they use their common sense. if a micromanager who was chintzy i want to pay $.20 on the dollar when he owes one dollar, if that is a testimony that surrounds donald trump in the trial, and the jury says, is it conceivable, is there any reasonable doubt, he would have paid $35,000 a month in personal checks from his personal checking account as a sitting president, would he do that if he didn't have to to avoid the disclosure of this

illegal act? because he knows michael cohen went to jail for federal prosecutors working for him for the same crime. so, of course, they will logically say he is not going to ride $35,000 equally $420,000 without having a reason and allen weisselberg said to him in writing, for 20w12, pay michael cohen this. jurors have common sense and i trust the jury system. >> lanny davis, we appreciate you. >> can i take 30 seconds left >> sure. >> michael cohen was giving a commencement speech and i was in the audience and he said to all the students and his nephew who was in the audience, i want to congratulate you on your graduation. my speech is over and he sat down. the kids went up and gave him a standing ovation. i'm only kidding. that is a michael steele moment that everyone should know

about. >> i appreciate it. thank you so much, my friend. next, susanne craig has been in the courtroom since the beginning of the criminal trial. she is back with us again. we are happy for that. with her take on what we should expect in this upcoming week of this trial. this is "the weekend." bladder leak underwear has one job. i just want to feel protected! especially for those sudden gush moments. always discreet protects like no other. with a rapid dry core

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conversation about the man, the defense in the criminal trial is building their closing arguments around, michael cohen. in political, in the end, the best defense may be a simple one. cohen did the deeds and he is lying about the extent of trump's involvement. joining us now is susanne craig. also with us former federal prosecutor ankush khardori. >> we believe you heard our interview with lanny davis. susanne , were starting with you. what did you think? lanny davis says what is evidence will be critical for the jury instructions and he noted trump did not have the fortitude that michael cohen did to testify. believe your lying eyes. there was a lot of math lanny davis happy i felt like -- you know the meme with the lady and

the numbers around her? that was me. what do you think, susanne ? >> it's funny. as an investigative reporter, i have tried to disassemble all of this and put it back together and i have been pushing on all the think -- things donald trump team has been putting out there. leaning into it a little bit looking at michael cohen and taking all that apart in trying to find the weak points in the case, but what it comes down to, there are elements of common sense here. i thought the piece was great and i think people should read it, just looking at it. donald trump was at every point of this. he had sex with stormy daniels, he was involved with the payoff, he wrote the checks. you see when you go through it, all the elements of it. it does come down to a lot of common sense. you look at the evidence that they have.

you've got that document that lanny pulled up. i think it was one of the main pieces and it looks at the payment scheme that allen weisselberg and michael cohen came to. then michael cohen is testifying that he talked to donald trump about it. that document is very powerful, as are the checks. it is 34 counts of falsification of documents or donald trump signed most of the checks. there is still a weak link in terms of it does hinge on i think the jury believing some of what michael cohen said. he is a person who had very important meetings that only he is witness to but it does come down to a lot of common sense. when i stepped back on the weekend and i think about it. >> so, that is how she sees it

as an investigative reporter as a former prosecutor, what did you make of it? >> i thought lanny laid out some arguments that were good for the prosecution side. i expect we will hear variations on the in the government's closing argument in terms of the importance of circumstantial evidence. and the attempt to direct the jurors to the documents rather than cohen. the question is how successful that will be with the jurors because there are questions around all of this as a lawyer, i'm picking it apart every which way and i am sure she could go on at the same way but for every single point there is a counterpoint. ultimately it will be up to the jurors. >> there is no defense narrative here. they have tried to poke holes in the prosecution but have never come forward with a very clear alternative theory of the case. they have suggested perhaps this wasn't about the election but about his family. they have suggested that it was not he who was doing all of

this map, it was other folks. what do you think we hear from them? in these final days? trump's folks? >> yes. >> is interesting question. they have insisted on defending some facts in this case that have been counterproductive for them including the encounter with stormy daniels. i am not sure if we will hear more about the >> do you think that would make them lose credibility? >> that will lose their best argument or to take a straight shot at michael cohen. a very straight shot and as hard as possible pull everything out of the cross. i don't know how it landed at the moment, but they have a lot to work with and a lot of reason to doubt him. >> what are we to make of robert costello? it was just a hot mess of a witness. and really, i didn't understand the narrative nor the logic behind it but maybe you can help us understand. a witness for the defense that would get on and -- the judge appeared

>> i been thinking about michael cohen a lot and now i'm thinking about robert costello and i don't -- i think that was client driven. i think donald trump wanted somebody on the stand to attack michael cohen. after his testimony. he was very upset and i think it did a lot of damage. the last impression they have is of this person who got up and attacked michael cohen but from the evidence that was read in by the prosecution, clearly had a motive and i think more than even what went down in terms of the testimony, just his demeanor and disrespect for the judge. that is what the jury was left with and the jury and judge, as they do in almost all cases, have a report going on. the jury really respects the judge and the judge is very

deferential to the jury and it just to see the courtroom had to be cleared and robert costello's body language, that is a last impression jurors were left with before they left for the long weekend. to come back tuesday and hear closing arguments. >> i want to highlight something that we have not had a chance to get to which is the final hail marys that donald trump is throwing on his way out the door including questioning john -- judge juan merchan and the fact that he was born in -- this has echoes of what he's done before. if you can't win on the merits, then you just begin to attack continue to attack the process. >> i think what we have seen from him is basically an insurance policy and preemptively discredit a verdict.

i mean, attacking is disgusting but part of his mo for years now. and i think that is what is going on. he is worried that he will be convicted for >> susanne craig, thank you for being with us. up next, samuel alito facing the pressure cruises himself election cases a member of the #commission is here and you are watching "the weekend." for maximum air flow. so, i breathe better. and we both sleep better. and stay married.

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american flag in virginia and now the times has evidence of the appeal to heaven flag line above his vacation have in new jersey this past summer. the symbols have been embraced by election deniers and are both on display on january 6th. alito has yet to comment on the second flight and claims the upside down flag was hung by his wife during a spat with a neighbor. joining us now is the congressman from tennessee and a member of the house judiciary committee. >> we appreciate your talking about this. you have introduced a motion to send sure justice alito and amend his recusal from hearing cases related to january 6th. what is your response to a number of things. number one, americans who say pretty much the court has shown its undeterred and really not interested in accountability and two, the response from the

court itself. in terms of whether or not they will actually take seriously this censure effort and preempt it in some way by, you know, changing their game. how do you see this playing out? >> i'm not sure if the court will change their game or not. i think alito is pretty much man the torpedoes in full speedup had up ahead. the flag with the pine tree and heaven is basically saying the revolution is the answer and that is what the conspirators say the flag on january 6th was with them. it was about revolution and going to a higher power. that is what that's like stands for. which is ironic that a man on the supreme court and one of the leaders of the six that runs the court, i don't know if it is chief justice roberts or alito, but he would have a flag that the says the rule of law

does not satisfy us so we need to have the tire call to heaven. he has a christian nationalist philosophy and that is evident in the like and i think it shows two conflicts. one, january 6th and the insurrection and the trials that trump is involved in two, the cases he is involved in that relate to church and state. he has shown impartiality and many times by his actions and by statement and is proud of it. he is -- it's evident and i don't think it will change. i hope justice roberts will see that the court is added low ab and public support and people know alito and thomas have taken trips with tens of thousands of dollars worth of value with people who have cases before the court. they have accepted this and gifts for their family.

this just takes the judiciary so much that it is beyond imagination that it justice who was supposed to be beyond reproach which show their impartiality and alliances with the wealthy who have influence over the court. in curry favor all the time. >> congressman, it strikes me that if this happens in any other democracy in the world, the way in which we would be talking about it and reporting it and i think the opinions folks would have especially elected officials would be very different. it shocks me how it seems as though this reporting came out and now we know about the second flag, and alito blaming his wife, which is a whole another bag of things i'm not going to say because it is too

early in the morning and children are still eating their cocoa puffs. what can actually be done? how is it that everyone -- congressman home on vacation for memorial day when you literally have this court, the impartiality been called into question. we are seeing it. it is blatant. they have our tent that many are out-of-control and there is nothing congress can do. >> well, we can pass a censure resolution which puts a scarlet letter on alito which i think would have some effect on the opinion but jim jordan who received a medal of freedom from president trump at the time, i don't thank he would permit a vote on the item. the impeachment itself to be done but it would not be done in this congress. we've got to rely on the court

because pressure from congress and mostly from the senate and white house, a code of ethics and they have been violated. it's up to each individual justice to determine if they have violated and recuse himself or alito, i don't think is a caliber of a person to do that. he is -- he zappe mark like a street lawyer then a -- this man is a silk stocking and it stinks. >> big my cousin vinny energy happening. i heard some frustration on the part of members of the house with your colleagues in the senate for not being more aggressive on this question. if we go back to may 20th, before there was reporting on the second flag, senator durbin

was asked about a potential investigation and here is what he said. no, we don't have anything planned. i think he's explained his situation. the american public understand what he did but i don't think there's much to be gained with a hearing at this point. now that there is a second fly, they now want to sit down with the chief justice and understand what happened here. it is my understanding of this code of ethics when it first came out and was first introduced, one, it was designed to fail and there are a number of loopholes especially on the question of recusal. given that the grounds is saying, i'm worried that they will not be enough votes here. that they are worried if one of their other colleagues has to step out there would not be up form. that seems ridiculous and it seems the idea that we will rely on a code that chief justice roberts has put in place but it is unenforceable cannot be the answer.

do you want to see mark coming from your colleagues in the senate? if they get this meeting with chief justice roberts, what comes out of that that is satisfactory? >> i think the white house and senator durbin have done admirable job in the past to bring attention to the failures of the court to love up to -- live up to its position that a hold in our government. i still have faith in john roberts. i have known him and i think he's got a good heart and good values and i think he wants the court to reflect them on the people in the country but he has not shown the strength to act. you can't make roberts or alito recuse himself but he can't take some type of action. the big thing now is the case on trump and whether or not he has immunity on everything it does. whether he is a king. jack smith has gone to him months ago and said let's make

this as urgent as possible so we can get the case tried before the election so they note that their presidential candidate is a crook. they do everything they can to put it on a back burner and put it off. not clearly and blatantly as a judge in florida who is obviously angling to be on the supreme court, but they are trying to say that this trial and the facts that were shown to the public and the effort to overthrow the government on january 6th. i don't know what we can do except john roberts needs to act quickly and if he is our hope, he is not showing he is because that time is going through the hourglass and disappearing and it will be too late to have a trial. >> i just thought, let me say thank you, congressman. what can be done?

i'm very frustrated about this and i think a lot of people are frustrated. you said you could do a censure resolution and you have done that and we are looking for congress to step up and do something in the face of this ridiculousness, the folks that do should be celebrated. thank you. >> thank you. >> speaking of samuel alito, he just wrote the opinion to uphold the congressional map. that is next on "the weekend." (ella) fashion moves fast. (jen) so we partner with verizon to take our operations to the next level. (marquis) with a custom private 5g network. (ella) we get more control of production, efficiencies, and greater agility. (jen) that's enterprise intelligence. (vo) it's your vision, it's your verizon.

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gerrymandering challenges to the court in the future. senior rider mark joseph stern is at the table and ankush khardori is back with us. >> mark, i want to thank you. you help me understand what i miss. the decision made around partisan gerrymandering. it wasn't that they said it was unconstitutional, they simply said even if it is it doesn't be reliant upon the federal court to make a ruling. you can fix my legalese language. if you go back to 2019, there was negative ability of the case given the overlap between race and partisanship and await race and partisanship can become toils for one of the >> the supreme court expanded on that 2019 decision and as you said they said the courts cannot stop party -- gerrymandering even if it is unconstitutional.

they are saying it totally fine and totally constitutional and it went even further to overrule a 2017 decision that had said, legislators still can't use race as a proxy for partisanship. just seven years ago, the supreme court ruled legislators are not allowed to target black people because they are more likely to be democrats. they have to draw fares without taking race into account at all. the supreme court totally overruled that. without admitting what it was doing and set it aside for state edges leaders to target black communities and slice and dice them to benefit republicans as long as her ultimate goal is to elevate republican and not act in a racist way because, the court said, making up this new principle, the courts all state legislatures a presumption of innocence and a presumption of good that they did not act with racist intense. >> this is crazy, frankly, i'm sorry to say that aloud, but

this is the tickly crazy because the united states of america is unique because our states have a history of racial discrimination which is why the voting rights act was so critical and important. because section 5 of the voting rights act has been gutted and that does not even exist anymore but section 2 says, it is a nationwide prohibition against voting practices and procedures including redistricting plan to discriminate on the basis of race, color or minority group. what is going on here? >> i think we've seen a systematic effort over time to erode these protections. mark can talk about this more. there was a constitutional claim but not a voting rights claim and the upshot is still the same which they have taken opportunity after opportunity, year after year to build upon their bad precedent including the gerrymandering precedent. that has led to something worse than it already was.

people are right to be upset about this. folks want to feel a little bit better, i would commend justice kagan facet which i thought was a thorough -- on every level even on the most minute details about what happened. >> you have the white house statement that says, the decision threatens south carolinians ability to have their voices heard at the ballot box in the districting plan that was upheld as part of a dangerous pattern of racial gerrymandering efforts from republican elected officials to dilute the will of black voters. at the heart of these cases is this idea that the white house has touched on that wants to dilute race as a factor in any action that republicans take. that is a third rail for republicans in the main. they can always get on the racial peace, that you take

that off the table and say, look, i'm drawing the line putting all the black folk over here, right? we will draw the line so that we now have a 7-1 congressional delegation. seven members and -- seven white members and one black member that aspect is no longer a factor. the administration is saying it is and it will be problematic in the future as additional lines are drawn every 10 years. >> absolutely. i think the administration is correct. what happened in this case, one conservative district became competitive around charleston and there was a glowing black population. one district -- they took a bunch of black communities and shifted them into a different district and brought a bunch of white people will into the previous district and created a more republican lien all on the basis of race. but what justice alito said in his opinion was, the court

should assume this was done because of race even though there is evidence that is irrefutable that it was about race and justice alito set it is offensive for federal judges to accuse lawmakers of racism and accuses them of participating in apartheid. since there is such a big we should only ever do so when there is clear smoking gun evidence because there is insufficient evidence for justice alito in this case. he won't say it is because of race >> could you go back and say that part about it is offensive that what now? that judges, federal judges what now? >> the federal judges call that racism when they see. >> so he can fly a white nationalist flag on his property and we are not supposed to call that what that is? >> i'm so glad he brought us full circle. >> this is what happens when for over the course of decades, we do not have real conversations about the role

race continues to play in every system in our society in america because for a supreme court justice who has aligned himself with the insurrectionist and took up arms against united government, to try to overthrow an election so that donald trump could state president i'm just talking about alito because that is what the flag symbolizes that without his home. for him to say and ride those words, it is so wildly offensive. in a country that literally was built on the backs of people that look like me and michael. literally. we fought a civil war because a whole segment of the population wanted to retain the right that they could own people that look like me because it would benefit them economically. now we have all these laws. now you got the finger thing, that little thing about history doesn't matter. you can call people racist.

it is gas lighting to the fullest. >> to pick up on something mark said about the way they approach the standard, people who have testified on behalf of the sacred the supreme court has made it impossible to bring a case like this unless they admit that they were racially motivated. even all the burden shifting in the way that they handled the record below. by the way, the panel of judges who invalidated the map were the ones who saw these witnesses and got to see them first tenant did not believe them. as judge kagan points out. >> my blood is boiling. i am supposed to wrap the segment i just want to say thank you to the legal mind. i can't. i cannot. i am able to. -- i am unable to four years after george

floyd's tragic death, we will take a look at what is happened and what has not happened and discuss it, y'all. you're watching "the weekend." - hmm! t paycom and make the unnecessary, unnecessary. - see you down the line.

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the world stood with you. like, what is it going to take? >> four years ago today, george floyd was killed by derek chauvin. his killing led to million taking to the streets in protests calling for reform and president biden signing an executive order to enshrine dignity, accountability and trust. there is still so much more to be done. >> whenever you talk with these families after these tragedies they say there will never be justice for the person they love. so you can hear the frustration there from george floyd's brother about the fact that four years later and that accountability has not been reached. >> the reason is the forces for accountability are graces -- are greater then the forces against it. we see it when a police officer

puts his knee on the back of a man's neck and we've seen the countless times and i think what we have and it is the thoughts and prayers argument that we get at every turn on events like this. that the politicians who actually can make the changes that george's brother is talking about don't want to do it. they just don't. they are in front of the camera saying, we are marching with you and feeling the pain and the love, but when the cameras go away and the lights go out, there are other forces in that room that will change the course of those actions. so, here we are two years later and that executive order has not been enshrined in law because no one wants to take it up and do it. >> the act, the reason it has not passed is because at the end of it it, senator corey booker was negotiating with senator tim scott and tim scott

was going back and forth with the police unions and they would not budge on qualified immunity. that is why the george floyd justice in policing act has not been passed. >> the question for us culturally in society as citizens is, do you want this change to happen? what you saw in that video and what you learned about the killing of those kids in the classroom was related to guns? was that enough to move you to enforce that change? if you want that change, you need to enforce it in the way -- and the way you to is voting in the ones that will in voting out the ones that one. >> on that note, we'll be right back. .

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so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. that does it for "the weekend" this saturday morning. we've had a lot of fun. tomorrow, be sure to join us as we have the co-chair for the biden/harris campaign and the chair of the democratic national can midi. be sure to follow our show on social media at the website and "velshi" starts right now.