mr. giuliani and mr. trump through mr. giuliani accused my client, mr. cohen, of saying the word "cash," and i posted a tweet at the time, and i said wait for the tapes. richard nixon couldn't spin the tape that did him in, and there's no way that mr. giuliani, who knows from being u.s. attorney, the only people who use cash are drug dealers and mobsters. cash is not what you do, and it was michael cohen who said, no, no, no, no. and donald trump, despite what rudy giuliani said publicly, the tape contradicts mr. giuliani and the word "cash" is heard by everyone. >> now, the president's legal team disputes what is being said in this tape. they even provided us their own transcript, which we'll put up at some point. they say that the president said, do not pay with cash. check. and that he was advising cohen to do it all on the up and up because the president wanted to make sure that this was papered properly. >> i'm looking at mr. and mrs. donald trump, red america. listen to the tape. it doesn't say what you just heard. it says "cash," and it's mr. cohe

mr. giuliani. and here's why i say that.ard that the tape will completely exonerate the president. then mr. giuliani turns around and says well the tape was doctored. and this is a common refrain. we heard mr. giuliani say michael cohen is a good and honest lawyer and then he turns around and says michael cohen is an absolute liar. but if i can drill down on one thing mr. giuliani said on tv this morning, i think it tends to highlight exactly what we're dealing with here. and what mr. giuliani's real intent s here's one thing he said this morning. i wrote it down. i'll quote it. i don't want to be inaccurate. mr. giuliani this morning said that "michael cohen said the following, i only made the payment that being the ami, karen mcdougal payment, because i personally love the president and milana and that's why i made the payment." mr. giuliani then props that up as gospel. take it to the bank. and because he said that, the president is completely exonerated from campaign finance violations. this is the typical bait and switc

mr. giuliani. they came back to him and said it is a tape of a tape and could not say it ends abruptly because mr. cohen turned it off in realtime or something happened to it after the fact. when i spoke to him on the phone, giuliani said there were more recordings and he wants them released. on cbs face the nation, giuliani said there are 180 recordings of cohen and others. >> one of those were the president of the united states. that's the three-minute one involving the mcdougal payment. the ami-mcdougal payment. there are 11 or 12 others out of the 183, which the president is discussed at any length. by cohen, mostly with reporters. all clearly corroborating what the president has said. reporter: giuliani is using those other tapes to push back on the allegation or in various reports the allegation that cohen is perhaps going to tell special counsel mueller that president trump knew about the 2016 meeting in trump tower with officials. trump has denied. giuliani said if that were the case, somet

mr. giuliani or described by mr. giuliani are in direct contrast with what people around mr. cohen have said. in fact, the issue of who brought up paying for something in cash versus who brought up paying for something with a check is directly opposite in the two views. >> so giuliani is saying that part of this reason this is exculpatory that the president wanted to pay for check rather than cash. >> because it's transparent to do so. >> and from the other side people were saying, no it was me saying pay by check and the president wanted cash. >> he saw the transcript and the transcript which he said was created by three different lawyers clearly identified this as mr. trump having said that this was the check. >> well we will find out presumably. >> possibly. >> in her appearance tonight with rachel maddow, emily jane fox is also reporting that by speaking about the recording, the president's legal team here has waived privilege. >> one person familiar with the situation told me this evening that this was deemed privileged by the special master, but that the president's atto

mr. giuliani seems to be confused. he waived the attorney-client privilege. g me now is doug burns. giuliani says cohen is violating attorney-client privilege. davis argues they are not. who is correct? >> very interesting. each side is partially correct. the mayor is right, attorney-client privilege seems to be implicated if he was acting as an attorney. but lanny davis is correct in terms of waiver. the way you have to frame it, it is simple, if they waived the attorney-client privilege with respect to one conversation, how does that affect the rest of them? that's the legal issue. it's not 100% clear, honestly. >> giuliani talked about the conversation. let's listen to that. >> we have had it analyzed and there's no way to tell if he did at the time or he went back and edited out a portion because it goes on to another subject. it stops abruptly and goes on to another subject. >> doug, how much weight would the audio excerpt add? >> it's very important and i have said all along, if there's a dispoout as there's been, one said don't pay cash, the other says

mr. giuliani: the man is an honest lawyer. jon: president trump this morning said, "i did not know about the meeting with don jr. in manyike someone isst ies to get out of an unrelated jam." pres. trump: thank you very much from everybody. >> are you going to go to moscow? jon: there were no shouted questions on the economy. they were all russia, the issue thaton't go away. jon sopel, bbc news, washington. jane: a short time ago i spoke with heather long of "the washington post." what is behind the growth? heather: there are two key things behind the 4.1% growth in the second quarter the first is a good thing, that american consumers are still spending. they are opening up their wallets, using some savings from the tax cut to buy things. that is good news for th economy. e other thing is the magic bean, and that is a bunch of countries overseas bought a lotb of u.s. ns and agricultural products in the second quarter because theyem wanted to buy efore the tariffs went into effect. that boost helped get us over 4% in the second

mr. giuliani and others talking about connections to new york. but again, i don't want to scapegoat new york because a lot of people were aware of it and there were concerns just about the number of folks. but with regard to mr. comey, my recollection is that he was aware of those concerns but i was not privy to discussions he had with the attorney general or other concerns he might have had outside of my presence or conversation. >> now, with regard to mr. giuliani, on october 25th, then trump campaign advisor rudy giuliani promised a, quote unquote, pretty big surprise coming up in the campaign. on october 28th, giuliani claimed to be in contact with former agents and a, quote unquote, few active agents who obviously don't want to identify themselves. let me make sure i have this right. there was a concern that there was a deep and visceral hatred toward secretary clinton in the new york field office. at the same time mr. giuliani says that he's having contacts with agents, active agents. what is -- can you give us your take on this and your co

mr. giuliani and others talking about connections to new york. i don't want to scapegoat new york because a lot of people were aware of it and there were concerns just about the number of folks. but with regard to mr. comey my recollection is that he was aware of the concerns but i was not privy to discussions he had with the attorney general or other concerns he may have had outside of my presence. >> with regard to mr. giuliani, on october 25 then trump campaign adviser promised a quote/unquote pretty big surprise coming up in the campaign. on october 28 giuliani claimed to be in contact with former agents and a quote/unquote few active agents who obviously don't want to identify themselves. there was a concern that there is a deep and visceral hatred towards secretary clinton in the new york field office at the same time mr. giuliani says he is having contactwis with activ agents. can you give us your take? >> i recall the comment and recall it caused me a lot of concern. >> and why? >> because while it is possible that he is engaging in some

mr. giuliani or described by him are in direct contrast with what people around mr. cohen have said. the issue of who brought up paying for something in cash versus who brought up paying for something with a collect is directly opposite in the two views. >> so giuliani is saying part of the reason this is exdluptory is the president wanted to pay by check rather than cash. >> because it's transparent. >> people close to cohen are saying it was me who wanted to pay by check. the president wanted to pay gash. >> mr. giuliani said he saw the transcript and the transcript which he said was created by three different lawyers. clearly identified this as mr. trump having said that this was the check. >> we will find out presumably. >> possibly. >> that's why this sounds like we're talking around the edges of had story and obviously there is the big lurid centerpiece here which is the alleged affair and the woman not paid to talk about it. when it comes down to criminal liability, the reason that privilege point seeps important to me is if the special master said yeah, this is prings. what s

mr. giuliani, you're with us? >> how are you?> harris: i'm doing fantastic and i know you have your hands full with a whole lot and i went to get right to the questions if i can. do you want to first on earth with the statement because we certainly want to talk about what's happening this morning so take it away. >> let's begin and with that someone said today there is no collusion and therefore that collusion also is no crime, i've been saying that very beginning, it's a very familiar lawyer's argument that the alternative, my client didn't do it and even if he did it, it's not a crime. and i have said that over and over. collusion is not a crime. the only crime is hacking and is ridiculous to think of the president hacked. why do i say that? i say that to attack the legitimacy of the investigation because it has become crystal clear this investigation that began with peter strzok has been continued as an illegitimate investigation and someday, we may have to prove it is. second thing that i wanted to correct, said why would we

mr. giuliani. >> guys, thanks very much. glenn kirschner, clint watts, ken dilanian and jonathan allen. we'll have lots more to talk about and in about ten minutes we'll hear from the president. >>> federal prosecutors are reportedly eager to talk to president trump's so-called money man, the same man who's prepared the president's taxes for at least a decade. now there may be a really good reason to talk to him, and the ramifications could be significant. >>> plus, as i mentioned, we're waiting to hear from the president. he's set to speak from the white house in just moments, most likely about the economy and new gdp numbers that have just come out. but first, former white house press secretary sean spicer heckled at a book signing in new york city. this from late night's jimmy fallon. >> a heckler showed up at sean spicer's book signing. spicer was like, sweet, someone showed up to my book signing. but a heckler showed up to spicer's signing at barnes & noble and called him a piece of garbage. security was like, okay, that's enough, mr. president. let's go back to iowa. take me to io

mr. giuliani seems to be confused. he expressly waive the attorney-client privilege last week and repeatedly and inaccurately as proven by the tapes talk and talked about the recording forfeiting all confidentiality claims. all of this is abc news reports that an agreement between michael cohen and donald trump is over. we asked rudy giuliani about that he says he was not sure if they had been a formal announcement of that but at this point he says the legal teams are not sharing information. >> thank you. eric: for more on this let's bring in a senior legal fellow of the heritage foundation. a former justice department official. some of those at the top levels of the justice department, would you rely on this type of tape and prosecution? >> well, i think it brings up a lot of questions that would arise in a hearing over the credibility of the witness. for a lawyer to record secretly, his discussions, confidential discussions with his client, that violence the professional code of conduct. to then disclose the tapes t

mr. giuliani are what he had to say. fact the issue of who brought up paying for something in cash versus who brought up paying for something with a check is directly opposite. >> so giuliani is saying part of the reason is that the president want today pay by check rather than cash. >> it is transparent to do so. >> and from the other side people close to cohen are saying it was me saying you should pay by check. >> correct. i ran it by mr. giuliani. he said he saw the transcript which was created by three different lawyers clearly identify this as mr. trump having said -- >> we will find out presumably. >> okay. that's why this sounds like we are talking about the edges of the story. there is this alleged affair and a woman being paid to not talk about it. when it comes down to criminal liability the reason that privilege point seems important to me is that the special master said yeah, this is privileged. what she is saying is this can't go to prosecutors. the fact that this came in with the president's lawyers talkin

mr. giuliani and mr. trump through mr. giuliani accused my client, mr.ohen, of saying the word "cash." the only people who used ed cas are drug dealers and mobsters. >> jimmy: right. and nail salons i think also. [ laughter ] you know this tape, when you hear trump and cohen talk, it does feel like they're characters out of a mobster movie or drug dealers or something. since we only have the audio, no video, we decided to give this the hollywood treatment. these are scenes from the new movie "the don." >> i need to open up a company for the transfer of all of that info regarding our friend david. it's all the stuff. >> if he gets hit by a -- >> correct. i'm all over that. when it comes time for the financinging -- >> what financing? >> we'll have to pay -- >> pay the cash? >> no, no, i got -- no, no, no. we got served from "the new york times," i told you this, regarding the -- unseal the divorce papers with ivana. we're fighting it. >> get me a trump list. >> jimmy: all because a playmate said hello. [ cheers and applause ] we're going to take a break.

mr. giuliani. and he said he saw the transcript created by three different lawyers clearly identified this as mr. trump having said this was a check. >> well, we will find out. presumably. >> possibly. >> in her appearance tonight, emily jane fox is reporting that by speaking about had it recording the president's legal team here has waved privilege. >> one person familiar with the situation told me this evening that this was deemed privileged but that the president's attorneys waved the privilege. i just spoke with rudy julianna who said he wasn't signature the special master had deemed it privilege but effectively they waved privilege by speaking about what was on the tape. >> we're know having to more of this in a few minutes. michael cohen's attorney, lanny davis, the former clinton impeachment lawyer wrote on twitter tonight quote obviously there is an ongoing investigation and we are sensitive to that. but suffice it to say that when the recording is heard, it will not hurt michael cohen. any

giuliani concedes is slim. joining me on the phone with all of this breaking news is the man himself, president trump's attorney, mrmayor giuliani. thank you for being us this evening. some shocking news tonight. >> yes, judge. we have to stop being shocked. i always thought of michael cohen as a responsible guy who was basically honest and extremely loyal to the president and the president was to him for many many years. i used to hear rumors about him about his character and things he did. now i find he does things like record his client and doesn't tell him. he abruptly ended that recording as soon as the president said the word check. what we are investigating is how did that happen. why did that happen. what was eliminated. then you have to raise these questions with every one of these tapes. how many of them did he play around with. he has 180 tapes. and lanny davis his lawyer says he didn't intend to deceive. lanny davis has to confront the fact that with chris komo he took his phone and put it in the desk drawer and said i'm not going to record it. what do you mean you are not intend to go deceive. these cl

mr. rudy giuliani says. joining me by phone now, michael scm smith. >> what more can you tell us about the reporting here? >> this was the stuff that was seized by michael cohen's office. the feds went in and took stuff from his office. this is one of those things. michael helcohen did this secre two months before the election. they're discussing what would be a second payment to the model. the second payment that would ensure her silence going forward. this was after the nationa national -- this was another payment and a second payment. >> do you we know why michael cohen would be recording donald trump secretly. >> no, that's an interesting question. why would a lawyer be recording a conversation with someone. that could be seized. we know michael cohen had a history recording a lot of different conversations to a lot of different people but why on such a sensitive thing would he secretly do this. was he doing it as a way to have leverage on the president later or was he doing it in a way of protecting him

mr. giuliani is a former prosecutor. there are exceptions to every rule. >> we see this time and time again with the president's twitter feed. through reporting, we've learned that a lot of what he tweets publicly he has said or acted on privately. so it is actually a very good window into his thinking, into his actions, into maybe something he's been briefed on that's made him angry and want to either change the subject or obscure a fact that everybody knows is in evidence. so as molly said, it's sort of obvious that they would want to include the tweets in sort of the tapestry of everything that the president has tried to do and say. but i think, you know, with giuliani says that he's a politician, he's just going to say these things, this is not a typical situation where you have a politician saying one thing to his base and a president acting very differently behind closed doors. this is all of a piece. i think the big question is going to be, is it that these tweets and these actions and statements that he's taken b

mr. giuliani said, but is less willing to discuss questions about obstruction of justice. a source close to donald trump and rudy giuliani told me today in response to that "wall street journal" reporting that an interview with the president will never happen, saying "there will be no interview, ever. rudy is simply playing to his client." joining us is chuck rosenberg, former senior fbi official and paul butler, georgetown law professor. what do you make of this idea that rudy is still dangling the idea of an idea with mueller in "the wall street journal" and people say all the time, over the dead lawyer s -- dead bodyf all the lawyers. >> mostly what rudy giuliani says is nonsense. look, in the end, if bob mueller feels he must talk to the president, and i imagine that any prosecutor would want to, there's another avenue, of course. he can issue a grand jury subpoena. that will likely be litigated and my guess is, the special counsel will win. and the president will be compelled to sit for an interview. it's a long path. it might be a tortured path, but it makes more sens

mr. giuliani is trying to force a court battle and a procedural issue even before both sides get to an interview. and we should mention that giuliani said it is possible that the president could agree to interview -- to sit for an interview with mueller voluntarily but the likelihood for that is growing less and less likely. >> geoff, i was looking through the read out you are pulling from and know so well and it was saying monday or tuesday could be a day, right, where we do get a letter or hear from a letter potentially from the president's legal team. in addition to that, there is michael cohen. that was part of this. the president's long-time fixer here, what did he say about michael cohen? >>. >> reporter: well he said if the president were to submit for an interview, the extra has already agreed to avoid questions that involve michael cohen. the president's long time friend and fixer. michael cohen is under investigation for his business dealings and that probe was moved out of robert mueller jurisdiction to the southern district of new york. we should say though there is always this cavea

mr. giuliani and the president's defense team. so the public only knows what it's hearing from mr. iven the sort of contradictions that seem to be laid out day after day, you wonder how that's playing in the american public. but what we haven't heard yet is what bob mueller and his team have uncovered, have put together, and i think once that information is made public, we're going to be having a very different conversation. >> you will certainly be a part of it with us, glen kirschner. thank you so much for weighing in. >> thank you, alex. >>> secretary of state mike pompeo making gangster-like demands, so where does that leave the talks now? that's next. for over 10 years. humira works inside the body to target and help block a specific source of inflammation that contributes to symptoms. in clinical trials, most adults taking humira were clear or almost clear and many saw 75% and even 90% clearance in just four months. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal, infections and cancers, including lymphoma have happened as ha

mr. giuliani is executing on that. to put it kindly, mr. s absolutely no sense, and as you point out, it is absolutely not a legal strategy. and by the way, katy, collusion is a crime. we just happen to call it something else. we call it conspiracy. but it is absolutely a crime. you know, you probably won't find the word bank heist in the criminal code, but bank robbery is a crime too, so i'm sort of perplexed that it's come down to s synonyms. if they don't know this is a legal strategy. >> let's talk about how rudy giuliani and the president is going after michael cohen saying that he's a liar, saying that he can't be trusted and is inethical. they're very clearly trying to undermine cohen's credibility. if cohen ends up being somebody who cooperates with robert mueller and we don't have any indication that he is doing that or somebody that cooperates with the sdny, how does robert mueller's team turn him into a credible witness for the prosecution? >> well, first of all, prosecutors, and i was one for a long time, don't pick their witness

mr. giuliani opted to waive the privilege on this end, if reporting is accurate. some dozen other tapes. if they continue to try to keep these tapes under wraps, what would happen? there would probably be litigation in court in new york about whether these tapes would constitute crime fraud, such that ultimately if you had a judge announce at the end of that litigation that, you know what, yes, what we're hearing on these tapes constitute crime, fraud, therefore, they cannot be kept under wraps. and that litigation could be accomplished fairly quickly. literally within a matter of weeks. then you would have a federal judge announcing to the world that donald trump committed fraud in these undercover recorded conversations, and that would be, i think, politically and potentially even legally damaging to the president. so i think this is another instance of mr. giuliani trying to get in front of bad information, getting it out there, being able to spin it so we'll all now spend our time talking about who said cash, who said check, and what does it mean. i just don't

the idea that rudy giuliani, you know, who was once mr. and order, is now calling fbi agents who are lawfully executing search warrants storm troopers is pretty shocking and disturbing. >> yeah. i mean, rudy giuliani would not be where he is today, as celebrated a figure as he at least once was, without the hard work of hundreds of fbi agents backing him up in cases big and small across the southern district of new york. and the idea that the mayor of new york city on 9/11 is attacking the man who led the fbi's investigation into 9/11 is sort of unfathomable now, if you fast forward 17 years since that event. >> and garrett brings this up in his piece, is that we don't know what rick gates or michael flynn or george papadopoulos have told robert mueller. in fact, we don't know -- we've only seen the tip of the iceberg of the stuff that robert mueller has. so, for giuliani to be latching onto tweets, that's, you know, i understand why he would be doing that, but it's not reflective of what actually is happening below the surface in the muell

mr. giuliani says, has already been released. giuliani was asked why he described cohen as honest just weeks ago. >> i didn't know that he taped conversations surreptitiously, i didn't know he would violate the attorney/client relationship. >> reporter: the pushback comes as president trump continues to campaign almost daily to boost prospects in the midterm elections now 100 days away. a new cbs news battleground tracker poll finds 43% of americans approve of the president's trade issues and 50% approve of his stewardship of the economy. but the russia probe is divisive. almost half of republicans say the investigation makes them want to defend the president, while 73% of democrats say it makes them suspect he did something wrong. errol barnett, cbs news, berkeley heights, new jersey. >>> jury selection is scheduled to begin tomorrow in virginia in the trial of president trump's former campaign manager paul manafort. manafort was indicted in the robber mueller investigation. prosecutors will try to prove that he laundered more t

mr. giuliani and the word cash is heard by everyone. >> reporter: abc news has reviewed the recording but hard to understand the end of the tape as far as the proposed payment to david picker. >> no indication of any crime being committed on this tape. the president did not know about this before this conversation. at least with regard to the transaction. >> reporter: giuliani admits the president discussed the payment with cohen but says that payment was never made and that conversation recorded was the first he had heard about the plan. >> listen to the tapes. this is not a man shocked about karen mcdougal. >> reporter: investigators are looking into whether cohen may have violated campaign finance laws and growing speculation he may cooperate with investigators pmean for president trump.uld abc news washington. >>> this morning pop star demi lovato is said to be up and spending time with her family after she was taken to the hospital. she has publicly spoken about her struggle with an eating disorder, mental illness and substance abuse. she cold robin roberts it started after being bul

mr. giuliani seems to be confused. he expressly waved attorney/client privilege last week. repeatedly and inaccurately as proven by the tape talked and talked about the reporting forfeiting all confidentiality. tom. >> tara with that new reporting tonight, tara, thank you. >>> much more tomorrow on "this week." martha raddatz going one-on-one with senate intelligence committee member james lankford of oklahoma. >>> now to cbs ceo les moonves accused of sexual misconduct. dozens of current and former cbs employees reportedly alleging a culture of harassment at the network. >> reporter: tonight, les moonves the head of cbs under investigation for sexual misconduct and the company he's run for two decades, accused of turning a blind eye to a culture of harassment. "the new yorker" releasing an expose by ronan farrow featuring allegations from six women against the cbs chairman that range from inappropriate kissing to sexual assault. >> these are all stories in which women said one after another that they were terrified and intimidated and that they've felt their career suffere

mr. giuliani and the word cash is heard by everyone. >> reporter: abc news has reviewed the recording but it's hard to understand the end of the tape as far as the form of proposed payment to ami owner david pecker. >> there's no indication of any crime being committed on this tape. the president did not know about this before this conversation, at least with regard to the transaction. >> reporter: giuliani admits the president discussed the payment with cohen but says that payment was never made. and that conversation recorded was the first he'd heard about the plan. >> listen to the tapes. this is not a man shocked about karen mcdougal. >> reporter: and investigators are looking into whether any of cohen's payments to women who say they had affairs with donald trump may have violated any campaign finance laws and there's growing speculation cohen may cooperate with investigators and questions about what that could mean for president trump. diane and kendis. >> a little bit of two-minute tapes that people have been listening to a lot since last night, janai. thanks. >>> president trump w

mr. giuliani, talking about connections to your. new york. a lot of people were aware of it and their concerns were about the number of folks. my recollection is that mr. comey was aware of those concerns. i was not privy to discussions he had with the attorney general. with regard to mr. giuliani, on october 25, rudy giuliani promised a pretty big surprise coming up in the campaign. 28, giuliani claimed to be in contact with former agents and a few active agents who don't want to identify themselves. let me make sure i have this right. therewas a concern that was a hatred toward secretary clinton in the new york field office. at the same time mr. giuliani says he is having contact with agents, active agents. can you give us your take on this and your comments? >> i recall that comment. i recall it caused me a lot of concern. >> why did it cause you concern? >> while it is certainly possible that mr. giuliani is exaggerating or engaging in some puffery, the reality is that given the things that were timing, agiven the cause me great concern th

mr. giuliani says that he's having contacts with agents, active agents. can you give us your take on this and your comments on this particular issue? >> i recall that comment. i recall it caused me a lot of concern. >> why? why did it cause you concern? >> because while it's certainly possible that mr. giuliani is exaggerating or engaging in some sort of -- the reality is that also given the things that were going on, given the timing that the laptop was there and he was talking about that in the context of a big surprise, it caused me great concern that he had information about that. >> in other words -- >> that he should not have had. >> that he should not have had? >> correct. >> through a leak? >> through an unauthorized disclosure, sure, leak, yes. >> thank you, sir. >> the members are advised that there are votes on the floor of the house. four votes. mr. strzok, you probably have a good 45 minutes to -- members are advised that this will be the last one. if you want to head to the floor for the votes, but the chair recognizes the gentleman from ken

mr. giuliani and others talking about connections to new york. but again, i don't want to scapegoat new york because a lot of people were aware of it. and there were concerns about number of folks, but with regard to mr. comey, my recollection is that he was aware of those concerns but i was not privy to discussions he had with the attorney general or other concerns he might have had outside of my presence or conversation. >> now, with regard to mr. giuliani, on october 25th, then trump campaign adviser rudy giuliani promised a quote/unquote pretty big surprise coming up in the campaign. on october 28th, giuliani claimed to be in contact with former agents and a quote/unquote active agents who obviously don't want to identify themselves. let me make sure i have this right. there was a concern that there was a deep and visceral hatred toward secretary clinton in the new york field office. at the same time, mr. giuliani said that he's having contacts with agents. active agents. what -- can you give us your take on this and your comments on this par

mr. giuliani seems to be confused. re is giuliani on "fox news sunday." >> the court order allows us to respond without waiving privilege if we have to defend him. that's exactly what we were doing. reporter: abc news is reporting a joint defense agreement between cone and trump is over. we asked mr. davis if he could speak with us on the phone and do an interview. he said he was unable to comment beyond the statement he sent us. reporter: thank you. eric: let's go to chicago. andrew, how do we know this claim is true as giuliani claims someone fiddled with the tape. >> i don't think anyone knows whether the tape has been fiddled with. i wouldn't put anything past him. even if these tapes prove to be admissible, they still have major problems. the tapes aren't complete. it's apparently a tape of a tape. and you have big segments of the tape that can't be heard. remember there is still nothing illegal that was discussed in those tapes. i realize why everybody likes it. we have the president of the united states talking a

mr. giuliani said in an interview monday that the reasons mr. firing the former fbi director, james comey, are more than sufficient and that as president he had the power to fire any member of his administration. so there's a new counteroffer, sort of, kind of. this really feels like groundhog day. >> doesn't feel like any new counteroffer to me. this is the exact same thing they've said in a series of meetings and letters with mueller's office for a year. >> is there a strategy in the stall? >> yeah, the strategy in the stall is to get it -- they would say, no, no, we're not stalling. but the hindrance on this wrapping up is the trump side has declined to give an interview, which mueller's team has said it wants. i think the stall tactic is to get it as close as possible to the election to made it harder for moouler for mueller to put out a report without being accused of playing politics. mueller's team indicated it could be wrapped up in 90 days once there was an interview. we're now three months out from the midterms. i think their bed is yo

mr. giuliani said changed a lot of things. he was a trusted advisor for a while. taping a client is hardly what i see as being honest. things have changed their president trump didn't realize he was being taped. time will tell on this. when does the lawyer tv client? that is the issue i think is a real problem. time will tell them the public decide what is right and wrong in this case in the meeting that they're talking about what is the big problem they are saying the russians were looking for on hillary clinton. they have no limit. that is not exactly a surprise. >> i think there's a lot of agreement. there's a lot of time to tell. we'll see how much time we do have. just traded out july 11th to 8th from 2017. by the year ago. so proud of donald jay trump junior for being open, honest and transparent. this nonsense needs to stop. we treated today by the president. thank you, congressman. we'll check in with you as time moves on. right here on fox news channel after a show coming out catch the entirety of chris wallace interview with rudy giuliani. he will respon

mr. giuliani-- who knows from being u.s.orney the only people who use cash aredeers and mobsters. >> stephen: it's a good point. remember, when your grandma sends you $5, she's just laundering money for el chapo. ( laughter ) oh, yes. she's up to her neck in it. she's got blood on her hands! but regardless of what the tape proves, trump and cohen's lawyers aren't debating whether they're paying hush money to hide his affair. they're debating whether he wanted to use cash or check! the currency doesn't matter. for pete's sake, it could have been a barter system: "look, in exchange for their si i oxen, a jug of mead, a bolt of silk from ceylon. we've got a great show for you tonight. john dickerson is here. but when we return, how trump is making our farmers mad. stick around! farmers! ♪ ooh, heaven is a place on earth ♪ uhp. i didn't believe it. again. ♪ ooh, baby, do you know what that's worth? ♪ i want to believe it. [ claps hands ] ♪ ooh i'm not hearing the confidence. okay, hold the name your price tool. power of options

mr. giuliani's representing. lawyers are advocates and hit hard but rules of engagement. like boxing. a sweet science and not mma you do what you want and you say and do whatever you want. back up a minute. giuliani is the person who says that the president knew there was reimbursement for stormy daniels and then he says well, he didn't know. he is also the guy a week ago was it who was saying cohen has always been an honorable man and truthful and now on the attack that cohen has no credibility at all. as lawyers what we have is our credibility and giuliani at this point has zero. that is troubling to me. to the tape and to your question, the fact is that sh, you know, look. the lawyers want to question the authenticity of a tape but to suggest we have proof, it's altered, and tampered with. the fact this is a distinction to be clear, between tampering with, which suggests and implies an alteration of something, and abruptly shutting it off, which might suggest that it's being viewed not in the context in which it should. and so if you want to make that representation and argument, f

mr. giuliani, most of the things he's uttered have been problematic to the psz's case. from the time he was talking about what trump did regarding stormy daniels payment, to waving privilege by discussing the contents of the trump-cohen recording, to him praising cohen's credibility. he should be much more careful about what he says. >> it will be interesting to hear what he says tomorrow morning. i know he's scheduled to go on a cup cannel of sunday morning shows. thank you as always for being with us. just ahead we have learned special counsel robert mueller is looking at the president's tweets in what could be an obstruction of justice cases. will his twitter use become his unravelling? charmin ultra soft! it's softer than ever. charmin ultra soft is softer than ever so it's harder to resist. okay, this is getting a little weird enjoy the go with charmin at outback, there's one way to cook a steak. perfectly. and three ways for perfect shrimp. introducing steak & shrimp, starting at $15.99. whether you choose bbq, garlic butter or sweet & tangy shrimp, it'll be perfe

mr. giuliani and the team of the president to try to continue to undermine the mueller investigation, to discredit the mueller investigation, to now suggest that the mueller investigation -- mueller needs to already more or less proof that there was a crime committed before the president would be willing to talk to him. i mean what the investigation is all about is trying to collect the facts. if the president can contribute to the collection of facts, he should. he has indicated in the past he is more than willing to discuss this with the special counsel, so i'm wondering what has changed, why is the president now concerned and arguing that he doesn't really need to testify unless there is proof that there has been a crime. >> certainly a question to be raised with all this. let's pivot now, let's talk about immigration. the government struggling to manage these deadlines to reunite families with their children. what do you make of how they are going about this process so far and the big picture here, the optics of their an ability inab give us solid numbers? >> this is once again an ex

mr. giuliani seems to be confused.ttorney-client privilege and has repeatedly and inaccurately talked about the recording whereby forfeiting all confidentiality. giuliani says cohen is violating attorney-client privilege. but then davis argues, no, they're not. who's correct in. >> last week giuliani and his team said they were waiving privilege on this recording and a few other recordings as well. so there's there seems to be no claim of privilege attached to this recording. secondly, the this recording is evidence of a crime, there is no privilege whatsoever. so attorney-client privilege does not attach. it does seem to me his team are trying to intimidate michael cohen. but i think on the issue of these recordings there's no privilege at play. >> so attorney-client privilege, that should be a moot point on this one. what about giulianiing about the recorded conversation between cohen and then candidate trump, let's listen to that. >> i used to hear rumors about him, about his character and some of the things he did.

mr. giuliani has said that before. and then we see, wait a minute, there's a whole lot more to it than he is whitewashing here. so would i be afraid? absolutely i would. >> all right. we'll leave it at that. thank you. >>> today the trump administration updated its progress on reuniting immigrant children and their families who were separated trying to cross the border. the administration told a federal judge in san diego that 450 children over the age of 5 have now been returned to their families. in all, over 2,000 children were separated from their families. the judge set a deadline next thur tore reunited with their families -- to be reunited with their families. >>> a duck boat capsized on a lake killing 17 people in branson, missouri. we are learning that nine members of one family from indianapolis are among the victims. one member of that family survived and told a reporter that the captain of the boat told passengers not to bother grabbing life jackets, that they wouldn't need them. witnesses say the weather w

mr. giuliani is particularly closely tethered to the truth or accuracy.hat he is doing is he is fighting a war of -- in the court of public opinion in the event this ends up in an impeachment hearing. i think what he is trying to do is kind of poison the well of the american people so they don't know what to believe at the end of the day. but let me just tell you that michael cohen is probably both a criminal and liar. the reason i say that is that a cooperating witness by definition is somebody who committed crimes, who nine times out of ten tried to cover up the crimes with lies, they're caught and then they have to make the decision do i come on bored and work with the prosecution in order to try to right a wrong, right a wrong i did, testify against others? or do i hold fast in this case maybe holding out for a pardon? but it's no surprise that insiders to a conspiracy, coconspirators and are criminals and lawyers. but in prosecuting the big organized cases. the rico cases, racket influence and corrupt oppression cases what we do is we have to use the

giuliani... says mr. trump did not ask to pay in cash. the tapes were seized from cohe >> the president denies having a relationship with her. one of the attorneys rudy giuliani says mr. trump did not ask to pay in cash. the tahomeand ceduring >>time now 4:40. nedifinds some sh mg some stateplee while they were supposo be rking. officers and an armed suspect, at a trader joe's grocery store. "oh! shots fired! broadcast! 6a67 shots fired! officer needs help, west s >>> los angeles police have released body catch video showing the shootout between officers and an armed suspect at a trader joe's. [ sirens and cursing ] >> shots fired. >> video shows suspect gene atkins taking police on a high- speed chase with a 17-year-old female hostage in his car. investigators say prior to that he shot his grandmother seven times. [ sirens ] [ gunfire ] >> the suspect ran into the trader joe's after crashing into a pole outside the store. dozens of customers and employees were held hostage for hours. one store employee was killed in the crossfire. the pol

mr. giuliani is trying to invent, it says cash. >> there is no way the president is going to be talking about setting up a corporation and then using cash unless you are a complete idiot and this president is not an idiot. >> will cohen be heard more by the public release of the audio. sources tell cnn the lawyers didn't tell the southern district they were releasing the audio. >> he seems to want the deal very much. thank you so much. let's bring in our experts to chat about this. weisselberg has been with trump literally for decades he is the most senior person in the trump organization who doesn't have the last name trump. how potentially dangerous is this for president trump? >> this is an extraordinary thing. this is the person who we know has controlled the money. we have an indication that there were at least two payments that came out of the trump organization. so having the individual who controlled the check book essentially is going to be enormously important for the prosecutors and i think potentially devastating for the president. >> if you can take off your democrat hat for one

mr. giuliani went on television and said ha ha, this is fox, something's coming. october 28th in the morning before the letter was written, he went on the huy hewlett show saying i heard from former and active agents something bad is coming. giuliani and many of the agents have been identified as leaking to pressure james comey to reopen an investigation that turned out to be a nothing burger. >> what do you know about the state of his relationship with the clintons right now. with hillary clinton. is it still close or the sort of thing he would discuss with them or cleared with them at all? any sense of that? >> not necessarily whether he would clear his potential representation of michael cohen with them, but the argument you heard him making. he wrote a book about the argument of comey the election for donald trump. that's he did talk with the clintons about and the clintons told their allies they believe in. to the extent that he is still seen as a clinton surrogate or at least an ally, that could be helpful for michael cohen. you have michael cohen trying to

mr. giuliani's client doesn't do anything quietly or secretly, including impede justice. so he may have expected that some of these wild conversations he had with mr. comey, yo, can you see your way to giving my boy flynn a break? yo, can you pledge me my -- your loyalty? and then when mr. comey doesn't go along with him, he first tells fox business that comey's tenure is in jeopardy, and then he ends up firing him. again, that's very conclusive evidence of obstruction. >> and how do you know he said yo beforehand? >> again, you know, these are -- because i know hip hop. i don't know wise guy, mob lingo. >> is that poetic license or legal license? >> i would so love to do a closing statement in a trial in this case. because i would lay it all out, both what mr. trump tried to do, not only with regard to comey, but with regard to sessions. >> right. >> you know, the way that he kept trying to say, man, if i had known that you were going to recuse yourself, i would never have appointed you. dude, i really wish you would resign. and then there's the dangling of pardons befor