under investigation for animal cruelty after someone rode a horse into the club. >> look at this. the horse appeared to stumble. bucks the woman off. fortunately the horse was not hurt. that is my concern. miami beach city officials have since revoked the night club's business license. >> thanks for watching. we'll see you at 10:00. smerconish starts now. i'm michael shmerconish in philadelphia. beware of the bubble. donald trump has been president for about 400 days now and despite a lot of hand wringing, the world has not come to an end. it looks like we'll survive this presidency, although there will be an enormous void as to how we'll be enter stained

post-trump administration whenever that might come. last december, the "new york times" reported that before taking office, mr. trump told top aides to think of each presidential day as an episode as a television show in which he vanquishes rivals. for entertainment value, this administration is a hit. look at this week. monday, we were introduced to the full nunberg. sam nunberg said on swrernlgsviv show that he would defy a request to testify. and then friday he would spend six hours testifying. tuesday, a porn star filed a complaint, she wants the court's permission to tell her story. and two hours after donald trump said everybody wants to work at the white house, gary cohn resigned. wednesday jeff sessions scolded california over immigration. thursday, we learned that trump had spoken to witnesses who had already appeared in front of

mueller about their testimony. and the pre-inauguration era prince the blackwater founder led efforts to open a back channel communication with russia. thursday cams stunning news that t the president would meet with kim jung-un.es stunning news that the president would meet with kim jung-un. stunning newst the president would meet with kim jung-un. and friday we learned michael choen says he used his own home quit if i line to pay $130,000 to stormy daniels. he negotiated the settlement from his trump org e-mail account but says he never told the president. keeping up is good exhausting and sometimes misleading.d exhad sometimes misleading. exhaustin sometimes misleading. while it has been a bumpy ride, it would be a mistake to see the presidento exhausting and sometimes misleading. while it has been a bumpy ride, it would be a mistake to see the president exhausting and sometimes misleading. while it has been a bumpy ride, it would be a mistake to see the presidentexhausting and sometimes misleading. while it has been a bumpy ride, it would be a mistake to see the

president only through a media lens. not while the dow is still climbing. it closed friday up 4341 points. it has gained 38% since trump took office. americans are seeing more of their paycheck due to the tax cut. the jobs numbers increased 313,000 last month, the unemployment rate remains low at 34.1%. and while the economists might not be happy with his protectionist policy with regard to steel and aluminum, i can tell you who is. high school he had indicateducan most responsibility for putting him in the w40uhite house, thos same americans who might determine the election on tuesday and the entire house come november. as michael lke allen, said demo are defending ten senate states and in six, the president's approval rating is higher than 50%, that is nearly 10 points above where he is nationally.

that doesn't both women for the democr bode well for the dems. and quinnipiac had democrats up bode well for the dems. and quinnipiac had democrats up 48-38. that began has narrowed. last month they were up 5 abo3-. the only thing that is certain, this wild disruptive ride will continue for as long as donald trump is president. a tenure ultimately to be decided by voters or maybemuell. in the meantime the continued reports of the president's political demise seem greatly exaggerated to me. and that is today's poll question. go vote and answer this question. do you think reports of the president's political demise are greatly exaggerated? i'll give you the results at the end of the show. joining me now, salena zito, washington examiner and new york "post." and she lives in the

pennsylvania 18th congressional district. steve cortez vacations in pa thpa that's 18th district. jeff green field is an emmy-award-winning television journalist who has served as political correspondent for cbs, cnn, and also for abc news. jeff, i begin with you. are the reports of the political demise greatly exaggerated? >> first i went to summer camp in pennsylvania about 60 years ago. >> thank you. >> yeah, there are two enormous disconnects. one is the one that you just recited. which is that in the face of conduct that would have gotten any other president never elected or booted out of office and the story ones of the white house chaos and the mueller investigation, if you are a certain kind of conservative, this president has delivered more than any president includes ronald reagan. a revamped federal bench,enviro

approach, 180 degrees removed from obama, very pro industry, you have a tax bill that rewardses what is laughingly called the investor class or as i call them the rich people. and so from that point of you view, in spits of te of the low approval rating, he has delivered. whether what it will ultimately look good, that is a different question. and one more quick point. given the state of the economy that you described, that we are not yet at war with anybody, the president's approval ratings and the climate of the midterms, it is historically unique. if it hurts the purchasrepublic not because of an issue, it is because of the conduct and character and temperament of this president. as people say every week, this is not normal. this is not normal. but it is what we're living

through. >> steve, we may as well get used to it is what i'm trying to say. we're more than a year in. and unless robert mueller does something to throw him off course, this is the way it will be for an entire four years or an entire eight years. >> and get used to it, i hope so. you mentioned that we're zi surviving this presidency. i think we're thriving under this presidency. far away from the acela corridor where a lot of media like to focus on palace in-treek trigue west wing or supposed chaos, and i'll admit this has been a very disruptive presidency and it should be, first true outsird ever elected to that office. but far away from that scene, the reality in america is optimism, security and prosperity. small business optimism at an all-time high, fantastic jobs report yesterday, construction jobs at an 11 year lie.

so the country is thriving in an era of optimism, deregulation and reduced taxation. so i think that the reality on the ground in fly overstates like where i live is very different from what is going on in georgetown. >> celina, what happens on tuesday in pennsylvania's 18th? >> it's a jump ball. here is what i think people need to pay attention to this race and not -- and learn some things from it, but not everything. this is not a race of contrast which is typically what is race is. you have a candidate on one side who believes one ideals and one on the other side. these two gentlemen, the did not and t democrat and the republican, are on the same page on almost everything including the tariffs. including gun control. that makes this unique in that it is almost like a republican primary. the other thing is this race, this seat, also does not -- it

no longer exists because of the ruling by state supreme court, it has been regerrymandered and it is a zombie. it no longer exists. it is interesting to me that i think the biggest lesson in this race is that democrats need to pick individually candidates that suit the district. conor lamb clearly suits the district. he is a moderate republican. and so he fits well and that is why this is a race. if he was progressive, rick saccone would be miles ahead of him. this is a two point race in either direction. lamb has for his sort of benefit, he is young and charming. and rick saccone is not young. and i can say is that because i'm his exact same age. so that is what we have going here.

>> there is tremendous interest in this, a ton on of money has been spent. for a district that will not exist at year's end.on of money been spent. for a district that will not exist at year's end.n of money been spent. for a district that will not exist at year's end. of money hn spent. for a district that will not exist at year's end. >> and this is the kind of race, we're coming up to the 50th anniversary of the mccarthy showing in new hampshire. and the psychological impact of that new hampshire race was enormous. and the reason i raise that is in that should lamb win, the psychological impact i think of that victory by a democrat will be enormous. it used to be said that when louie xvi was guillotined, even monday arc rea mondays monarch reached for hi throat. and another quick point. i talked to a democratic consultantsy monarch reached fo throat. and another quick point. i talked to a democratic consultants in the alabama senate race. and he said the whites working

class are were fed up with trump's behavior thp person angathp person not angry about any issue, but they were exhausted. and a potential danger for trump even if mueller didn't indict him or even if the stormy daniels story didn't resonate, but the shear exhaustion people feel with this president may in and of itself become an issue that will hurt him and the republicans even if the economy stays good. >> steve, i did a comment taker here on cnn in january where i raised the question of whether president trump is deserving of credittaker here on cnn in january where i raised the question of whether president trump is deserving of credit for bringing the north koreans to the table. i said that the bellicose tweets had the consequence of him saying i better sit down with the south koreans unlike i've been willing do in the past. on so i've given him his props. victor cha, former national

security counsel, said this.n s. victor cha, former national security counsel, said this. so. victor cha, former national security counsel, said this.so . victor cha, former national security counsel, said this. the announcement on thursday evening that president trump will meet the north korean leader kim jung-un within two months raises more questions than answers. while the unpredictability of a meeting between these two provides unique opportunities to ends decades old conflict, its fill you're could also push the two countries to the brink of war. might the risk outweigh the benefit of these two sitting down, which is his point? >> slu >> sure, it is possible, but also the establishment apparatus of washington, d.c. which has been pretty bipartisan for a quarter century, i think quite frankly has not served us very well. they nt hahaven't given us a se world. so i'm willing to try new things. and this president is unor the dox, but that is why he was elected because the status quo whether securities or prosperity was not working for most americans. and so i think that he is

willing to do on something daring. i do think that kim jung-un, look, we don't know what he is thinking, but i think it is a reasonable guess to suspect that north korea for a long time hasn't feared the united states. they did not fear obama, they certainly didn't fear george w. bush. i think they fear president trump ppd a trump. arrested part and part of that is because he is unpredictable. so if president trump can convince him that if he denuclearizes, we won't overthrow him, that would be a wuflt thing for the world. >> jeff green field, is it a nixon goes to china move or is that too much drama? >> it would be. i was thinking about that because one thing that nobody argued was the bona fide of nixon and kissener and the subtleties of how this could work.

whatever you say about bud, mdo trump, his bona fides are not nixons and the analogy is a bit flawed. >> i have stormy daniels' lawyer in a couple minutes right here. you are the trump whisperer. does his constituency care about this issue? >> after access hollywood i go on, they knew who they voted for. they looked past his character flaws. they assumsupported him. what dislodges him is if he becomes part of the swamp and he hasn't exhibited any of that behavior with how he's handled tariffs or north korea or pretty much how he's handled anything. >> gang, thank you. great panel. i appreciate your being here. tweet me. go to my facebook page. i'll read some during the koicoe of the program.

trump demise is near. please do not be blinded by the obvious. meeting kju is a setup. i can't believe you are turning your cheek. week h. wake up. no, what i'm trying to do is get out of the bubble. as i promised i would doh. wake. no, what i'm trying to do is get out of the bubble. as i promised i would do when i didn't see it coming and i thought i was too caught up in the group think. so in in circumstance, and dot don don't misread this, i'm trying to offer a fair appraisal.t don't misread this, i'm trying to offer a fair appraisal. don't misread this, i'm trying to offer a fair appraisal.don't to offer a fair appraisal. don't misread this, i'm trying to offer a fair appraisal. th which is to say that the negativity might not be resonating at all in the states that put him in office. that was my point. continue to go to smerconish.com and answer the poll question of the day which is do you think reports of the president's political demise are greatly exaggerated? each day this week brought more revelations about stormy daniels. you as an attorney, i've taken the time to read all the publicly available documents. and i think a few questions remain.ime to read all the publ

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the u.s. economy is on a roll for more jobs added last month than since july of 2016. low unemployment and a strong job market combined with the declining value of a college degree and the rising cost ever tuition present parents with a dilemma, whether to push their children toward a college career or pursue a vocational path. director of georgetown university's center on education and the workforce, he served in the administration of george w. bush. doctor, i was fascinated with the walling street journal story this week that showcased this young woman, she lives outside of pittsburgh, earns as in her honors classes, is in the 88 het person send tile of her college boards and rebuilding a car in

her ga wranlg. ranlg and said i want to go to a vocational school, not college. is she a one off or is this a trend? >> it is a trend. there are lots of ways now, lots of pathway to the middle class. and the four year college degree is not the only one by a long shot. there are a bunch of one year certificates available now and she is talking about one of them that will make you more than a foreyear college degree. 30% of two year degrees because of their field of study make more than a four year college degree. and in fact 40% of four year college degrees make more than people who get graduate degrees. it all depends on what you take that terms what you make. >> i'm a hypocrite. i'm not wearing a watch today because son number three is right now sitting for the

s.a.t.s. if you were to say to me that your son or daughter was contemplating by passing a college career to go to vocational school, i would say that makes economic sense. but if you asked it about one of our four, i'd say, oh, no, i want them to go to college first and then pursue a vocational path. i guess that makes me not only a hypocrite but probably an education snob. >> we know if you ask americans whether everybody needs to get a four year college degree, 70 respect about of them will say no. if you ask the same americans whether their kids need a college degree, 70 respect about of them will say yes. so in a is insisense most ameri dontsd thi don't think other people's children need a college degree, but theirs do. there in lies the rub. the push to get through high school and on to harvard is really the american moeldel and

difficult. >> by the way, they don't allow digital iphone, so he had to borrow my watch. by 2009, only 19% were concentrating on subjects. i remember the day when as an athlete i shared the after school bus with students coming back from the vo-tech school. do we need to return to those roots? >> yes, we've gotten away from that in a big way. and in 1983 with the big national report endorsed by elites in business, government and elsewhere, we decided that every american child would get a purely academic education all the way you through high school. we threw away what was called vocational education, got so bad it had to leave town, came back with a new name which was a very watered down version of vo-tech

called career and vocational education. so right now there are 27 credits in a high school degree, 22 are taken up by math, english, foreign languages, history and other academic subjects. so all job training, all vocational preparation is now shifted to two year and four year colleges pretty much. >> something else i've learned from you, many who enroll in college do not complete and many who do complete end up in jobs that didn't require that four year degree. >> so we set a noble standard that as we decided that we were no longer going to track black, latino working class low income students and women into secondary curriculums, noncollege curriculum, and that is really the great gain in the change in our high school curriculum, but we're still --

we built the system in which it assumes that everybody will go to college. but the fact is that 40% of the kids who graduate from high school having taken all those academic courses never get a college award of any kind. so the other half are not getting what they need. so we have a problem in that we've built a college for all system, but only half the kids ever make it. >> and the bottom line, college is not for all. that is what i hear you saying. >> there are lots of ways to make it. there are lots of pathways. the economy is now one in which the relationship between earnings and education is very specific with respect to what you study. it is not just about getting a degree or which college you go to. it is more and more about what you take after you get out of

high school. >> doctor, thanks so much for being here. a fascinating subject. >> thank you. what are you saying on twitter and facebook? katherine, what have you got? we own a construction company and can't get skilled workers even at $120 an hour starting pay. and let me tell you something else, melissa, about your construction company? and i hope this applies to you. i remember reading a book by now 25 or so years ago, the millionaire next door. and it talked about the people who in a particular neighborhood who really have money and not a lot of debt are those who like you, i hope, own the construction company. own the roofing company. are the skilled plumber who has built a business, et cetera. and yet there are many like me who know that and then still say for their kids, utake the s.a.t and hope you do well. the stormy daniels situation, her lawyer has appeared everywhere this week. but as an attorney, i have a

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the president continues to be dogged by the stormy daniels scandal. on tuesday, the adult film star whose real name is stephanie clifford sued, she wants the court to give her permission to sell her story, the same story for which she accepted $130,000 to remain sigh lentlent. and i think there are still a few quis remained to be answered by michael avenatti. thank you so much for being here. >> thank you for to having me. >> so michael choen has beompah hammered all week long. i have to say as an attorney, who has settled many cases for amounts that include a lot more zeros than this one, i found the

paperwork surrounding the settlement to be pretty sophisticated. >> well, michael, quite honestly, i don't agree. i think on its face it is sophisticated, but this was not handled appropriately based on my experience. this was not buttoned up properly starting with the missing signature of his client mr. trump. >> but i think it was not buttoned up because perhaps of the representation you didn't provide it, your predecessor did, but the representation afforded to your client. >> well, no, it wasn't the representation afforded to my client that required mr. trump to sign it. i mean that was mr. cohen's job. and mr. trump didn't sign it. and under california law and that is what this will be decided under, under california law, we are highly confident the contract will be thrown out and more importantly there is an express provision -- i've watched a lot of legal pundits

that are opining on this document and its enforce ability. and unfortunately, a lot of people aren't actually reading the document before they appear on television. >> i agree. >> and that is a real problem. you have to actually read the docume document. so look at my copy. i've read it. it is all tabbed. >> excellent. >> so let's go through it. let's go to the signature page to begin with. this is at the tail end. and folks can see david denison's line aka presumably would have been filled in donald trump not signed. and you believe that it is because he did not sign it that the whole document should be held null and void, true? >> absolutely. >> okay. so now let me take you to the settlement agreement paragraph 1.1 that identifies the parties. because i noted something and i've circled it on the screen. the settlement agreement and mutual release by and between

ecllc and/or david denison dd. doesn't the and/or mean that ec was capable in and of itselfc a. doesn't the and/or mean that ec was capable in and of itselfec lc and/or david denison dd. doesn't the and/or mean that ec was capable in and of itselflc . doesn't the and/or mean that ec was capable in and of itself at settles this action? >> no, because and/or is a ternlg of art in the legal profession and under california law, it is found to be a plural use of the term. it is in the conjunction difference. furthermore, if you look at paragraph 8.6 of the agreement, it specifies if the agreement is not signed by all parties, it is invalid. >> therefore i come back to where i began which is shouldn't she refuse to have taken the 130 k until there was full execution? >> well, i mean that certainly was an option. that is not what happened. and so we look at where we stand now and where we stand now is that we've got an agreement that was never signed by all parties

which is required under california law and expressry required under paragraph 8.66 the agreement. we are highly confident that this agreement is going to be tossed out.agreement. we are highly confident that this agreement is going to be tossed out. and if so she is prepared to return the money. >> it seems like the question is offer, acceptance, consideration. i think you have all three. let me show you something. go to exhibit number three. each page of this agreement needed to be initialed. and on the initials line, i'm putting it up on the screen, instead of david denison, it is ec. which is that other entity that was created by michael cohen presumably to settle this case. in other words, all throughout the document, ec signed, not david denison. i think by virtue of that language that said that it could be either of them. and/or. >> i disagree. and we'll have the court decide. but i want to address something you just said. offer, acceptance, consideration. there was no acceptance by dd of

this agreement. he never signed it. furthermore, where is the consideration from dd? the agreement and as you know there has to be consideration from dd. everybody talks about the $130,000. but you know based on your detailed review of the agreement and the tabs that you have on the side of the page, you know that my client bargained for not just money, my client bargained for other consideration from mr. trump. it is in the document that he was required to provide. and by not signing it, my client did not get the benefit of the bargain. >> let me talk to you about the arbitration process which i know that you think was bogus. i note that the notice 8.8, the 234 notice provision required e mailing or fax simcsimile and telephone of your predecessor. would you s was keith davidson notified in

advance? >> not that we're aware of. but mr. cohen could not -- ec could not proceed with the arbitration. it required only dd. if you look at who was able to get a temporary restraining order, mr. cohen nor ec had standing or the right to do that pursuant to the express terms of the agreement. only dd. only mr. trump. and we believe that the reason why is because they wanted to continue to keep this quiet and continue to basically hide his involvement. >> okay. another question based on the documents. put up exhibit four. this is 3.1 c. and there is a lot of language mr. avenatti throughout the agreement about this. here's what it essentially says. it says that your client needs to return to dd let's just say president trump all evidence relative to what went on here. and that includes e-mail

messages, text messages, instragram messages, facebook posting or any other type of creation. question, did stormy daniels hand over whatever evidence she's got of this liaison? >> i'm not going to answer that question but here's what i'm going to say. mr. trump and mr. cohen and others better be very, very careful relating to statements publish as to whether this actually happened or not. that is what i'm going to say. >> but she had a contractual obligation to hand over whatever she was in possession of before she took the 130 k. >> and i didn't say that she didn't. and i didn't say that she did. what i've said is i won't answer the question. >> okay. one other question if i might. there is another paragraph i don't think i blew it up, but 5.11, disgorgement. this says that if she violates it, she owes $1 million for every episode that she goes out and speaks in violation of the

confidentiality. it occurs to me that michael choen m cohen may have made a wide business decision. everybody is laughing about him giving her 130 k if it came from him, but he will get a ten fold return on that money if in fact she speaks and violates this agreement. that is not a bad return. >> michael, you know based on your experience that term even if everyone agreed to it,uncons beyond the pale that there is not a court that would enforce that at that level with $130,000 at the front end and a million liquidated damage clause per instance. no court in california is going to ever enforce that. >> if that is the case, then why doesn't she come on a program like mine right now and tell whatever the story is that she is dying to tell? >> well, i mean i think we may see that. i think we may see her provide a very detailed explanation of what happened. she is going to discuss what happened. let mr. trump come forward and

provide his version of events. and let's the american people decide who is shooting straight with them and who is covering things up. >> has anyone offered, has anyone, including larry flint, but i want to ask this in universal sense, has anyone offered to pony up the million dollars to protect per and say here, i'm good for it, go tell your story iner and say here, i'm good for it, go tell your story inher and say here, i'm good for it, go tell your story in? >> at least ten individuals in the last three days alone.n? >> at least ten individuals in the last three days alone.? >> at least ten individuals in the last three days alone. >> ten individuals in the last three days. are any larry flint? >> not that i know of. >> is she contemplating taking any of those ten offers? >> no. >> does she think in retrospect that 130 k was chump change? because after all, he was elected president. i'm really asking whether that amount was determined by her perhaps believing the polls a week out from the election, hey, he's not going to win anyway, i may as well take the money. >> no, i think when and if she

is able to tell her story the american people will learn how that amount was arrived at among the parties. but this isn't about her having buyer's remorse. it really isn't. >> final question. i'm intrigued. peggy peterson, how do you come up with peggy peterson, how do you come up with david denison? >> well, you'll have to ask mr. cohen because he is the one that came up with these aliases. we have no idea. >> all right. i hope you get the chance. thank you. appreciate you being here. >> so do i. i hope yyou get that chance today. >> he can call me right now. i'd love to hear exactly what his reaction might be. >> i'd love to hear it as well. thanks for having me. >> michael cohen, pick up the phone sgloom phone. up ahead, the surprise announcement of tariffs caused panic. why are they worried? and i have a prop here for you for this segment. do you know what that is?

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adviser to president reagan. in your honor at the dinner table last night, my own laffer curve. what is your beef with the tariff policy? >> i don't know that i have a beef with the policy. if he puts on tariffs, i do have a beef. but i think he just may be negotiating to get better deals on nafta and the other transactions and treaties. and by the way those transactions and treaties are pretty flawed. i got involved with tp very heavily and all sorts of things were taken off the table that are extraordinarily anti-free trade like nontariff barriers in japan, currency manipulations, all those. and if he is using this as a negotiation employ, which he obviously cannot tell anyone ahead of time, then it is great and we'll get a lot better treaty. >> but i read the piece that you wrote with larry kudlow and steven moore. if he means what he said, then you think this is flawed. why would it be flawed? >> because you are depriving

americans of high quality products at low cost and consumers are just as important as producers. anytime you do any impediments to the free trade, you hurt both the country that is exporting to you and yourself. it makes no sense whatsoever. and i don't see any logic literally for putting on tariffs in this country today at all. it will hurt the economy and it will hurt people too. just normal every day people. and i'm from youngstown so you know, from a steel town, steel family. >> so if not by protectionist policies, then what is the response to those foreigners who flood our market with cheap steel or cheap aluminum? >> if you want to do something, if you want to protect the steel industry, write them a check. sub city kiz them si industry, write them a check. sub city kiz them sdize them bu accrued blunt poorly designed tool like a tariff to try to protect the steel industry. go in there and do the job. just go in correctly and do it. tariffs hurt everyone and you can make sure that you protect the industry, but i would even

go further, i'd say don't protect them because when we protected the color television industry, i mean no sooner than we did that, we destroyed the entire industry in the u.s. they were fat, lazy and uncompetitive and so none of the color televisions were produced in the u.s. competition is good for the steel industry. its good to america. it is good for all of us. and american steel if any weren't located in those high state, anti-growth states like pennsylvania, like ohio, like michigan, like illinois, they could be much more competitive like they are in tennessee where he live now where we have no income tax and our industries are flourishing here. >> and a final thought. it is actually a regressive tax, right? people talk about the political benefit that he might derive from a protectionist policy, but it would come back to harm those responsible for pul puttitting office. >> if i could use one example. if we discovered a cure for

colon canker acer and japan discovered a cure for alzheimer's, should we allow them not to sell their cure for alzheimer's here in the u.s.? trade benefits everyone and retaliation is wrong, wrong, wrong. it hurts everyone. and i just hope no one comes to that point. now, if he is >> i'm kind of bummeded. you said nothing about my curve. >> i loved it. michael, it looks like my profile. thank you very much. >> thanks doctor. still to come, the best and worst tweets and facebook comments and the final results on the survey question. go vote right now. do you think reports of president trump's political demise are greatly exaggerated? this is my body of proof. proof of less joint pain and clearer skin. this is my body of proof that i can take on psoriatic arthritis with humira. humira works by targeting and helping to block a specific

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so hit me with the survey result. what do we got? here it is. 55% of 10,443 voters say no. reports of the president's political demise are not greatly exaggerated. a relatively even divide. how about other reaction from social media? i know i don't have much time. what do you have, catherine? this all happened before trump was president. this is gossip. you degenerated into since you started working for cnn a gossip reporter. bill? i took the time to read the whole document and understand it as a lawyer and to apply some critical thinking about the way to the claim against president trump. did you miss that part? 7:00 tonight, cnn brings you a live campaign rally in western pennsylvania where the president will appear.

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