human beings making these decisions and they're still human beings who have to do exactly what david kelleyt said, search their souls. if the human being was you in alvin bragg's shoes, what would you do? >> well, i think david has done an incredible job of outlining the factors. one is you alluded to, nicolle, which has to do with michael cohen. our justice system is -- its fundamental principle is treating like people like. that goes back to ar stotle. the issue are when are likes alike. how do you differentiate or not differentiate? with michael cohen, he pled to the federal equivalent of this charge. as you noted with respect to -- he pled to count 7 and 8 of the indictment. they're the exact equivalent of what it is that president trump -- former president trump was convicted of. and he got three years. that was after he pled guilty and cooperated with special counsel mueller. those two things are reasons for a lower sentence for michael cohen. i think that would weigh on me tremendously because it's hard to figure out what factors there are for former president trump that are more fav

we are joined now by david kelley, former u.s. attorney for the southern district of new york.my former boss. welcome. you look a case like this, like other other judgment calls, it may or may not have gone to trial, may or may not have had a different disposition earlier, they almost avoided trial with a plea. having gone to trial, the jury didn't find it that complicated. what do you see in the verdict? >> it wasn't that complicated. i think what this case is about the important issue here is the exercise of prosecutorial disstreks to bring the case. typically charges like this wouldn't have been brought unless they were facilitated another crime which didn't occur here. that was reflected in the initial decision by the prosecutor not to bring this case. it was tough evidence to overcome. i thought there may be an opportunity for jury nullification he is probably guilty, but we are not going to convict this guy or a hung jury. there was some report from one the jurors after the trial that when they first went in to do to a poll, it was 6-6 for guilty/not guilty. there is not

decide what my legal sources join me now, former us attorney for the southern district of new york, david kelley and retired new york state supreme court justice, who is known judge merchan for more than 15 years. judge joe kahn visor judge, is there any basis for the supreme court to get involved here none not at this moment. >> absolutely. none. the supreme court cannot look at this case until all of the state appeals process processes have ended. we are not even there. he hasn't even filed his appeal. it has to go to the intermediate appellate court, which is in the first let's department the first department appellate division from there. it's not automatically going to our high court, the court of appeals. they can take cases as they see them the appellate division can look at questions of law. they can look at questions of fact. they can decide whether or not there was enough evidence for the case to have gone forward. the court of appeals cannot they can only look at constitutional questions if they look at a constitutional question and take the appeal, i don't even know that there is a c

coming up on monday, david kelley, cameron torsten, steve reshoot out, and you all have a wonderful weekendin new york. annmarie: exuding chill, my goodness. jonathan: not tense at all. [laughter] jonathan: what are you laughing for? annmarie: i like no tie, john. jonathan: there you go. ♪ i can't believe you corporate types are still calling each other rock stars. you're a rock star. we're all rock stars. oooo look look at my data driven insights, i'm a rock star. great job putting finance and hr on one platform with workday. thank you! guys, can you keep it down. i'm working. you people are (guitar noises). hand over the air guitar. i've got another one. want to save on some of the biggest names in streaming on the network made for streaming? x marks the spot. now you can add the new xfinity streamsaver™ that includes netflix, peacock, and apple tv+. that's xfinity streamsaver™ for just $15 a month. all your favorites. all in one place. only from xfinity. for more watching and less spending... x marks the spot. do it all on the network made for streaming, and bring on the good stuff. kati