>> thank you. both so very much. i appreciate it. thanks for joining us. ac 360 with anderson cooper starts now. good evening. we learn that the president's personal attorney michael cohen is under criminal investigation. and more, maggie haberman -- we learn that cohen arranged another hush money. we saw michael cohen's attorney trying to block the justice department from reading documents. then we learned the president phoned his embattled lawyer

today. she says she didn't know. >> is the president still associated with michael cohen? is he continued to consider michael cohen someone he holds in confidence? >> i know that the president has worked with him as a personal attorney. beyond that i don't have anything to add. >> there is that, and james comey. all that has left the president, pissed, and upset. another one says he is currently in lash out mode. which he did. james comey is a proven leaker and liar the president tweeted. everyone in washington should be fired for the terrible job he did. he lied to congress under oath. the president goes on to say he

is a weak and untruthful slime ball who was as time has proven a terrible director of the fbi. his handling of the crooked hillary clinton case. for lack of candor concerning the investigation. here was the president's take. quote doj just issued the report. no collusion. all made up by this den of they've and low lives. keeping them honest we don't know if he are talking about -- are they all thieves and low lives? we don't know.

we only know the white house denies the contemptuous things. >> so how would you characterize the president's attitude towards the rule of law and things that he says publicly. >> president has a great deal of respect for the rule of law. but the president does not have a lot of respect for people whose sole job is to leak information and lie about it. >> fbi to judges who make decisions -- >> i'm sorry, what was the question? >> whole list that he has undermine, not just people who leak information. >> the president hasn't undermined them in any capacity just because he calls out things that he finds to be problematic or concerning. >> the president has not undermined any of them just

because he calls them out. >> let me tell you, i have had horrible rulings and treated very unfairly by this judge. this judge has mexican heritage, i'm building a wall. >> how about when he calls his own attorney general weak. >> i am disappointed by the attorney general. he should not have recused himself. almost immediately after he took office, and he was going to recuse himself, he should have toll me prior to taking office. and i would have quite simply pick somebody else. >> does that show a great deal of respect. is it respectful to the rule of law to pardon scooter libby.

respect for the rule of law or not, the day ends with so much we did not know about the case about michael cohen so much of it coming out in connection with court proceedings in lower manhattan today. so cohen's attorney attempting to block the justice department. what is the latest on that? >> yeah, that's right. we had come to court this morning, i have been here all morning and all day now expecting to hear arguments as to why the government, why the fbi agents and the u.s. attorneys should not view some of these materials that they obtained in the search warrants. michael cohen's attorney arguing some of this is privileged information. information that he has through his work with certain clients and other attorneys. and the judge putting pressure on his attorney asking who are

these clients. who are these clients have privilege with. and his attorneys were not able to provide that information. earlier this morning, while we were in court, we learned that the president, newly hired attorneys were also intervening in the case and they machiplan argue that the communications that the fbi may have between the president and michael cohen should not be viewed by the fbi by the u.s. government because it is privileged information and the only person who can waive that person is the president. >> so i understand the court filing helped -- >> yes, some significant information anderson in these court filings. released late this afternoon. and what it showed is what the government had been doing as it

relates to michael cohen. the grand jury has been em panelled and they revealed they had concerns. they would not say what those concerns were or go into detail. in the court documents they redacted it but said they have information indicates that had they not done these search warrants, the information they were seeking would have been deleted destroyed, and therefore needed to do these search warrants at his home, hotel, office, also they searched bank boxes, electronic devices which may have recordings on them. all of that could have been destroyed and therefore they needed to move quickly. >> is michael cohen being cooperative? >> the court documents say he has not been cooperative. they use that as one of the reasons why they needed to move quickly in the case.

there is a part in the court document that says the special counsel had made requests of him for communications regarding the trump organization and though michael cohen has given some indication that he was trying to be cooperative, they say he wasn't and there did not provide the information that the special counsel needed. >> and the judge needed michael cohen to appear in court on monday. this afternoon and we are showing the video right now, he was hanging out with i guess his friends in a sidewalk cafe outside hotel. it looks like some of them are smoking cigars. >> yeah. and this is remarkable. i spent a day in court here. the judge was extremely frustrated with the attorneys, michael cohen's attorney and she felt he was not cooperating with them or providing information. the judge needs to know who he claims his claients are. the judge kept adjourning, hours

and hours of adjournments to get their acts together, and at the end of the day she was frustrated to the point that she ordered michael cohen here on monday. and we also learned, we know mic ch michael avenatti here. we may have them in this room n the courthouse all at the same time. >> let's go to gloria borger who has new information. >> cnn has learned tonight that when the fbi raided michael cohen's office, apartment and hotel room, they seized audio recording between cohen and keith davison. and as you know, he no longer represents either one of them.

the recordings could prove really valuable to the government's investigation of cohen who is under scrutiny for his role in trying to keep these alleged affairs secret before the presidential election and the warrant for that search last week specifically mentioned these women. now cohen has admitted no wrongdoing and the president has denied any of these affairs. and i should add we do not know how many of these calls were recorded or what the conversation specifically contained but i can guarantee you they are going to be of a great deal of interest to law enforcement. >> let's talk about how it could be useful to investigators. getting e-mails is one thing but actual phone conversation, that is an extraordinary level of detail. >> they don't have to guess about who said what to whom when. the election, you know, the election is approaching.

and how much money does she want? why does she want this? where is the money coming from? these are all questions michael cohen has said he paid this out of the personal account. did they talk about how that worked? and we should tell you that sarah sidner spoke with a spokesperson for keith davidson and he said he never absolutely never conditisented to any recordings. and willing to pursue his legal rights. depending on which state you were in, recordings could be illegal. >> just lastly, what are you learning about the president's call to michael cohen today. that doesn't seem like a good idea. >> it does not seem like a good idea. the president saying anything to michael cohen isn't a good idea. even when he said ask michael

cohen. that turned out to not be a good idea. i was told the president called him. i have to assume it was a pleasant call of commiserate. they have a long standing relationship. michael cohen has worked for him since 2006. the ultimate loyalist to the president. the president knows him. so i would presume that there was some sort of level of how are you doing. >> we should point out publicly, he is the ultimate loyalist and we have no idea what is going to happen if michael cohen is charged with crime and if they try to get him to flip and we will see how deep that loyalty goes. >> and if you were to be cynical, you would say that is why the president has taken him so closely under his wing.

>> thank you very much. wh according to new reportings, that is what political advisers. magg maggie haberman joins us now by phone. >> sure, thanks for having me. as we know, they have repeatedly says, mueller charge is possiblecpossible collusion. primarily on charges relating to lying to investigators. in this instance, the main thing that is concerning trump's

lawyers is they don't know what is taken and they are not certain they are going to know what was taken. they have not been able to discern exactly what files went away. and i believe that michael cohen's files on a lot of issues, among them, this mcdougal case and recordings with davidson. and in terms of things that relate to the president and michael cohen, the president's lawyers don't know what exist and when you don't know what exists, the world of possibilities is pretty vast. also this is a search warrant into a lot of different areas. the southern district of new york is looking at a bunch of things. >> to the point that you just made don't know what exists, that is what is fascinating. they don't know who michael

cohen had kept or was taken. but i am guessing, the president's own lawyers don't know what the president has done with michael cohen over the last ten or however many years, 12 years. >> so as we know, as we reported earlier today, there was the phone call between the president and michael cohen and my understanding is that the president's lawyers had urged him not to make that call. and he made it anyway. we don't know details about what was said. but lawyers are always going to be concerned about that call. both michael cohen and the president are not always forth coming for the people who are working for them. and so right now, you are kind of flying blind. i mean, they really don't exactly know what they are looking at and they are not going it know until more information comes out from prosecutors. that is a scarey proposition if

you are a lawyer even if it all turns out there is nothing the president has denied any wrongdoing. but not knowing what is there, is scarey for an attorney. >> it is hard to overstate how far reaching cohen's involvement with the president is. at one point he sent out a tweet with #raydonovan. the fixer. there is no telling how deep, or what he has done. >> that was the argument the prosecutors used in court today. michael cohen has long identified himself as the president's personal lawyer. and the president described him that way as well last year and again on air force one recently. prosecutors argue there was little lawyering and the files should be more available.

michael cohen he was able to figure out what could be a problem at some point. that is what the concern is here. >> this is also a man who has said he will take a bullet for his client. a lot of people say that and then, you know, when they are facing severe legal jeopardy, it is a different situation entirely. interesting to see how loyal cohen is to the president and how loyal the president is to cohen. >> this is something that i have thought a lot about today and talked to a bunch of people about. the president loves to talk about what a loyal person he is. in fact loyalty is a one-way street with him historically. sam nunberg comes to mind about saying is publicly. it is a lot of loyalty to give up your life for you. he says he would take a bullet

for the guy, but when push comes to shove, we don't know if files a charges are going to be filed. >> also, it appears that the government has actually had access to michael cohen's e-mails for some time. >> yes, apparently they have secretly had access to a bunch of e-mails. they are in position of a trove of materials. a number of things investigators asked about in the search warrant was specific communications between, they named hope hicks and corey lewandowski specifically. and it is worth remembers that for a time before the president declared his candidacy, it was

michael cohen, sam nunberg, corey lewandowski and hope hicks and that was it. and they are clearly going back to the beginning to look for us. >> incredible. coming up next, our legal panel of alan dershowitz. and later we asked if they have seen anything from this white house from just this week alone. g a wall to life. because you are particular. particular helps you find the perfect color and nail the details. look, particular people make the best art and science and... things. so be proudly particular with paint like no other. benjamin moore. the standard for paint professionals. only at local paint and hardware stores. the standard for paint professionals. hey, sir lose-a-lot!

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whether it is the

president's rage or the twist in the michael cohen story or presidential actions that might have brought. professor dershowitz is an author of "trumped up." >> no doubt about that. i said that months ago. firing comey, or on other political grounds like collusion which isn't a crime. his real vulnerability has always been what he did before being president whether it is business dealings or alleged dealings with other women. so i think the investigation in

the southern district is far more dangerous and means he is not going to fire mueller because that is not going to do him any good. >> also, i was talking to somebody the other day saying one of the things that mueller has done is block chained out the information. sent out files to new york and so even if his investigation was shut down or his files seized, the information is decentralized it is in so other areas for new york to pursue. >> you are right. this is not bob mueller's first rodeo. i have worked with him on cases and on the other side of the table and he is a tough and smart, fair, but tough adversary. he has protected his investigation. and i do agree with allen, that this is a great danger but for the following reason. if michael cohen flips, he knows

all the secrets. he knows all the dirt. they have got him it appears on strong evidence of possible criminal activity. if he flips on the president, this may open up a wide universe of illegal conduct. so it is a new stage in the unfolding matter. >> and professor, der showitz, lot of people don't realize that the president can pardon somebody on a federal crime but on a state level it doesn't matter. >> oh no. if the president does pardon, he will be acting within his constitutional authority regardless of what his intent may be. but i doubt that he is going to go down that line. >> if you were michael cohen and you are a self-described fixer, and you for ten years have been doing this and his friends have

been claiming that there was so much for him to fix, that he had wide latitude to operate on his own. does that mean there is no attorney/client privilege? it seems like that is what the government is arguing. >> it is a false argument. even if cohen discussed the matter with other members of trump's it was team, all of those are covered in the attorney/client privilege. if he was performing a legal function. being a fixer, if all you are doing is making a deal with the president, your discussions with the president are covered. but with people outside who you are making the deal with are not covered. it should be made by a judge whose objective and neutral and

won't leak. >> made you don't let your criminal clients talk to the other members of the possible conspiracy or criminal activity. when my client would come to court for a pretrial hearing, i would put an associate next to him to make sure the other defendants didn't talk to him. this is not just about past conduct. the president has dragged it into the present by repeatedly talking to cohen. but doing it today when he offered a pardon to somebody else sending a signal that he is prepared to use pardons, it is troubling. and i have to disagree with my old professor and my old friend on another account. this is part of a pattern on

what appears to be raises serious question of obstruction of justice. the comey firing, the witness contacts before and after that. and now talking to cohen today, on the day when they are vehicle code th-- having this hearing i new york, it doesn't look right and the president is exposing deep and deeper with every act. >> my former student makes my point. the call might have been hey, michael, i am on your side, you have done so much for me over the years, be strong. we don't know anything beyond that. and the idea that we r creating an obstruction of justice out of that is worrying every civil libertarian. material like this, he can weave something, and create something that the law should not be used to do.

>> the judge took issued that michael cohen wasn't in court. i want to play what michael cohen was doing right around 4:00. so he is sitting outside his hotel gripping and grinning with a group of guys smoking cigars for the camera is that smart? >> i don't know what has happened to our society that he is not wearing a necktie. it is not the close of business yet on friday. in addition to that, no, you are seeing a contempt for the process. just like allen dershowitz never allowed me to let one of our clients to call another client. he would have had michael cohen there in a sober blue suit with a necktie in the courtroom. these people, events both in their legal conduct and in their

demeanor con tempt for the law. >> it looks like a scene on television. >> or a b level good fellas. >> see that is another problem. when comey calls the president of the united states a mob leader. he is using the term mob leader in a metaphorical way. >> thank you. >> thanks anderson. >> thank you. >> coming up, it is an all out war on former fbi director james comey and the latest from the white house next. when trying te for the big things in life, we tend to start small. less of this. cut back on that. but if it feels like a lot of effort for a little gain, change that. start with something that makes a big difference... ...your student loans. refinancing with sofi could save you $30,000. it's an easier way to reach your life goal sooner. we've helped over 195,000 people. we want to help you too.

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the president of the united states calls the former fbi director a small ball. and yes, this is real life and this is verbal war. an all-out verbal war by james

comey and the president of the white house. jim acosta joins us now. >> reporter: we saw that all day long today not only with the president's tweets but what sarah sanders said in the briefing room today. she ripped into the former fbi director james comey for a good 30 to 40 minutes and the bulk of the questions was about that. we do understand from my colleagues, we are all getting essentially the same message and that is that the president is deeply, deeply upset about these allegations in the comey book. and it sort of fits into the same box that they feel robert mu mueller is driving at. that rod rosenstein is driving out. it is less about the russia

investigation, it is less about russia collusion. and more about trying to unearth as many embarrassing anecdotes as you can about the president. i ask in the briefing, sarah sanders said right before the 2016 election, she said if you are attacking fbi agents, you are losing. and she essentially defended that comment by saying this has to do with jim comey. they feel he is a liar and a leaker. anderson, at the same time we should point out the very same day of comey being a liar and a leaky, the president issued a pardon to scooter libby. of course he was convicted of perjury of lying to federal investigators about the leaking about the leaking of former cia

representative valerie plame. and that is a level of hypocrisy that americans are going to have a problem. >> it is not like this book is the only challenge the white house is trying to deal with right now. far more serious things, the mueller investigation, the cohen investigation. the possibility of syria. >> reporter: they feel like the raid on michael cohen's office, hotel and so on, they feel that is another attempt by the justice department to try to embarrass the president it certainly has gotten under the president's skin. you can see that in the tweets. the mueller investigation, starting to feel like that is going in the same category. i will tell you anderson, there is push back that this is all the president is obsessed with.

and i just got finished with a source who insists the president has been deeply focused on these military options of striking syria in response of the chemical weapons attack. and we heard the sarah sanders brushing off this that the british were somehow to blame. >> joining me tonight with a lot of ground to cover, david axel rod and david gergen. and to the upper echelons to the fbi a den of thieves and low

lives. >> well, i think this is very, very serious clearly, just generally as a rule when the guy who is publicly identified as your fixer, is now under criminal investigation and all of his records and tapes have been seized, that's a very bad day. and so clearly, he has something to worry about. the thing that we are glowsing over here, that the president of the united states is contemplating attack on another country and you have to wonder how all of this is going down. you don't know what is going to happen moment to moment in terms of all of these legal actions and you don't know what the principal is going to do because the president of the united states could fire someone at any given moment, tweet something at any given moment and my strong

suspicion is that the people around him in the white house don't have a clue about any of it. >> that is what is so interesting, the people around the president don't know what the president has done or hasn't done or what he has said to other people. nobody seems to know exactly what michael cohen has perhaps done and there has got to be concerned around people in the white house because they don't want to end up in the investigation. >> there are similar. we had no idea what was being said. >> you never knew there was a taping system going? >> no. it was a bomb shell when it came out. and half the staff thought this was it. and half of it thought this would exonerate him. and nonetheless, i must say i think david axle rod is right. when you have this much

uncertainty, it is hard to govern. do you think that is a wise strategy? i guess some would argue that it is giving comey's book more oxygen although it does fit the narrative that the president has been trying to do for a long time which is erode confidence in the fbi and in the department of justice. that whatever mueller comes up with, this is this tainted organization. >> i agree with that. i have respect for jim comey as a public servant. i think he served the public with integrity. but he seems to see himself as the central character in this ongoing morality play.

he is going to sell a lot of books here. he is going to get a lot of attention. and venting a lot of his outrageous and is entitled to do that. but not helping the process here at all. by injecting himself here as he is injecting himself and by the way by making references to the president's hands and hair and all of that. i think he adds to the circus and we have enough circus right now. what we need is sobriety. >> i have some disagreement. i think that he, comey is a professional and a gentleman and i think he is extraordinarily offended by what he is seeing. and i do think, yes, he sometimes grand stands too much and that is trump's criticism among others. somebody here has got to call it

for what it is and try to assert what it is we are looking at. >> and somebody who has been in the room with him, seeing it from the inside. >> and who, personally -- i'm sorry i don't mean to interrupt. >> he provides important observations and there is an ongoing investigation, a probe going on. this is obviously a fraught time in which our whole justice system is on tinder hooks here because of the campaign that is being waged against it by the president and his allies. and i think comey unwittingly abets that by leaping in here now. he could have written and released this book at any time. this was dictated by a publisher who wanted to maximize sales not

by a public servant who wants to make sure this investigation ends in the right way. i am not questioning his core here. but i am questioning his timing. >> thanks. well more breaking news about former fbi director andrew mccabe. cnn has learned that mccabe has planned to file civil lawsuits. and the lawsuits would allege wrongful termination, defamation and constitutional violations. in a statement that counsel says quote, this is just the beginning. coming up, michael cohen, the fixer, cnn learning about a payment plan with -- the latest next. i'm just worried about the house and taking care of the boys.

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we have just learned the president is expected to address the nation tonight about syria. and we will bring that to you when it happens. jim, what have you learned? >> reporter: just some quick details on this. we do expect the president to speak momentarily on the decision that has been made about retaliating against the syrians. we keep saying suspected chemical weapons attack, but we

do now believe that the u.s. government has now made this determination along with its partners. that of course started this conversation, i talked to senior administration official earlier today and i think others at cnn have been reported this. that the president has been pushing for tougher responses, tougher accuracies tions to tak the syrians. the president meeting with top national and security advisers, and according to a source i talked to earlier today, there was resolution on that discussion. back and forth over that subject and according to some of my colleagues here at the white house, the president has apparently made the decision to strike at syria at some point and apparently the president is going to be speaking at any moment now. if the president is speaking

that strike may have already happened. but we are waiting to see. >> if you can stand by. barbara starr is at the pentagon. >> reporter: we know what the parameters are of this issue. the question it had once the president has made the decision to be, what will the target list be. will it simply be airfield helicopters will they go after the chemical stocks, those are difficult to bomb. you risk civilian casualties or will they go further that governs, that oversees that chemical core. the big issue that secretary mattis has been worried about is the reaction from the russians. they do not want to strike

russian targets. they want to make it clear to moscow they are not going over russian personality. what they don't know what the russian or iranian reaction will be. how will the russians react? secretary mattis has been concerned about escalation of the crisis. and that has governed much of his thinking. >> that is one of the things that cnn has been reported today, that general mattis and others raising concerns about the scope of any possible retaliation. >> reporter: well, that is right. because no matter what, you know, just for purposes of discussion, let's say there are a series of air strikes, when they are over, bashar al assad is still going to be inside syria. it is not going to change the

military balance out on the ground. the point that secretary mattis has been making is that this is a crisis that has required an international solution to get assad out of power. and right now, there is a very adamant view at the defense department and i think in the intelligence agencies it is fair to say that the russians want assad in power. they like having him there. it gives them free reign inside syria. and valuable territory and a port on the mediterranean. so they are very happy to have asadd there. how do you intensify the russians to get him out? bombs, missiles are not going to

do it. chemical attack against men and women. the russians are complicit, they are asadd's sponsors and they had to have known what he was up to. >> i want to bring in the debate this week has been not whether to attack in response to this chemical weapons attack or what is believed to be a chemical weapons attack but how much to respond. the president wanting a sus stain taned attack.

and mattis not so much on the other side. syria does not just involve syrian forces today. it involves iranian forces. the possibility of killing russian forces on the ground there which then could bring escalation. it is a risk that did not exist a coupleov of years ago. the question is how far do they go? did the president lcisten to tht council? is it about the risk of conflict with russian or iranian forces? the bigger picture here is whatever happens tonight does it change the fupd mental situation on the ground there? russia, syria, iran, the u.s. has made very clear do them that it does not want a sustained

military involvement in this conflict. this is primarily about message sendsing about the use of chemical weapons. is it going to change russia see support for regime? no. is it going to change iranian support? no. >> nose things will not change regardless of that you see tonight. >> explain where you are and what you're hearing.

>> reporter: absolute silence. dead of night, 4:00 a.m. i'm very much in the spotlight. if we see some kind of military action donald trump speak in the coming minutes ahead. just to remind you how volatile the situation already is. in february a group of malitia moved towards the territory in the midst were the group being alleged. they ended up firing that was known to exist here. it lead u.s. special forces to

launch a could wanter attack. it killed dozens, 200 in fact if you listen to recent testimony. it was all open. they were talking to each other we were told. still the fact that they were in the mix there was not declared. so there's a lot of lack of transparency on the battlefield here. the one thing you can say is they don't want to own this. thoi don't want to try to change it. we got a whiff from tillerson.

it's pretty clear much of this is sending the message about chemical weapons not been accepted. was pretty clear chemical weapons used by the regime. in their mind it is a lodge reckoning. >> in terms of russian forces are there regular russian forces onto ground? if so talk about their role. >> yeah. they are absolutely regular russian forces. no clarity as to the usual basis and we'll have ground support

too. it is assisting the syrian regime. over the last six years what used to be known is being whittled way down. they are suffered to the point back where we had the first of chemical weapons there were concerns that a heavy strike could have taken out much and let the rebels take hold. they since managed to rebuild themselves through the guards coming in and providing command and controlment they were backed up by the russian forces turning up too. you think about the moment where it has gone over the defiechb the borders it certainly wants to maintain here. that slowed down some elements

of conflict. of the bombing still continues to be costly as they wish to kick the rebels out. it is unclear what tonight may do to that. >> talk abiliout the considerations, all of the different sort of angles they have to analyze. targets, timing and team work. you already kind of heard from reporters in the last few minutes. targets will be a real consideration. it will be interesting. how are they trying to scope down any possible escalation.

the goal here is to bloody his chemical weapons and deter any future use of chemical weapons. you want to hit something proportionate to that goal. i think that's the tension we have been hearing reported between the pentagon and white house. timing will be key here. it probably means in my mind he already not only made his decision but things could be happening. that might be why he is talk about what is occurring rather than hey, i've made a decision. timing was also thrown off by the fact that they telegraphed that thing and lost any element of sprieurprise there. we need to see who else

participated in it. we have been reported that the frefr french might be involved in this. it is both from the air and the sea. we'll see if they participated and what that looked like. >> if there is a concern about, you know, engaging with russian forces, iranian forces is there an event on russian leadership? >> that is a great question. last year we found out after the fact that the russians had been informed but not too far in advance. i don't know. we have had some pretsz reports that the chairman has been in contact with his counter part. that might be a little bit of

that coordinationment . we don't know. it will be interesting to see what they gave to the russians before this. >> that's the podium where the president is going to speak. we anticipate him speaking in a coupleov couple of minutes. we just got a go minute warning. as we wait to hear from the president it should be about a minute and 30 seconds or so, it is obviously for any kmacommand in chief one of the most serious decisions they have to make about military action endangering u.s. forces and ripple effects of that particularly in syria where a long-term strategy is something that eluded to the prior administration as well. >> you're putting lives in danger on the grounds. using deadly force on