Even though it appears that it could soon be ending, and we are live in New York City with every nasty detail. Donald trump could emerge from the courthouse any day now. Defense now presenting its case after the prosecution rests, calling Legal Advisor to Michael Cohen, bob costello, to the stand. It comes as cohen admits under oath that he stole money from the trump administration. So what goes next . Lets get right to it with nate foy. Whats the latest, nate . Its been a busy day for sure, neil. And bob costello is talking about his conversations with Michael Cohen. He described cohen has manic during those conversations, pacing back and forth. And he just said cohen told him during that time that trump knew nothing about the Stormy Daniels deal. Judge marchand is allowing trumps lawyer to ask costello around a Pressure Campaign theory. Marchand said Costello Cannot testify about cohens State Of Mind during those 2018 meetings. During cohens crossexamination today, he admitted he knew at the time his conversations with costello were protected under his Attorney Client privilege. And cohen earlier said that he lied to costello because he thought that costello might funnel information to trump. Separately cohen testified he stole money from the trump administration, received hundreds of thousands of dollars from other clients for very limited legal work. He claims he did limited work for trump in 2017. Trump says those payments are legitimate. Cohen says they are Reimbursement Payments for the Stormy Daniels deal. Our legal experts say trump testifying himself would be a bad move, considering how much judge marchand would allow during that questioning. And as you see video of former President Trump speaking after court, which has been the case every single day so far. We are expecting that again at 4 30 after court ends for the day. Neil so it sounds like even with the extra witnesses and these unexpected developments, that 4 30 wrapup is still on . For now we are expecting former President Trump to speak at 4 30. Thats the last timeline that weve been given. But weve also seen several times that court has extended past then. Neil thank you, my friend. Lets go to these two legal eagles. I want to go on the wisdom of the defense. I guess it doesnt want to appear to spike the ball, even though a lot of people say they have the edge here. They want to make sure they have this tied down, and by going to these extra witnesses, including bob costello, the early Legal Advisor to Michael Cohen. Whats the risk in that . The risk is always that he will bring up information that hurts the case. In this case, the defense is presenting that a reasonable doubt has not been a case has not been made Beyond A Reasonable Doubt by the prosecution. So what the problem could be is that now we have another voice. We have more information when we think and most of the legal analysts believe no case was made by the prosecution up until now. I mean, theres nothing here, neil. Its like a house of cards. You blow on it, it all falls down. There is nothing legal that the prosecution has proven. Having heard bob costello already, because hes been on this channel for the last few days, he is credible. He has information that is factual. It is believable. I dont think in any way he can hurt the defenses chances of an acquittal or the best Case Scenario of an acquittal in this matter. There was this questioning of a new witness, daniel sitko. A paralegal. So what was the wisdom in bringing him up . What did they want to prove and or show there . I dont think his testimony is as crucial as either bob costello or maybe bob smith, who could be the next one to come up to testify about federal election law. I think he was testifying about phone logs and documents, just that they existed. But he wasnt testifying as a paralegal, hes just in charge of documents. Hes not actually testifying about the truth of anything. I think, of course, the defense is still trying to show that Michael Cohen is a liar. And not just a convicted purgerer but also is lying in the context of what hes saying in this courtroom about phone calls, about checks, and now were going toll hear from bob costello about lying about his actual story and his incentives for telling the truth then and not now. Neil in the case of costello, early on through 70 odd conversations and the rest, he had been told by Michael Cohen, i have nothing on donald trump. And lets say costello reiterates that and the jurors hear that. And then theres this side issue with Rudy Giuliani that could open up, potentially, a legal pandoras box; couldnt it . It could, but i think the defense will focus on the interaction between cohen and costello regarding cohens Manic Behavior and his desire to get off on anything, any possibility he could, when the feds came and raided his home and his office. And costello has basically said that he asked Michael Cohen over ten times, repeatedly, is there anything that can help you in this federal case in 2018. Michael cohen kept saying no. I have nothing on trump. Thats the Quote Over And over. So what were going to hear and what the jury is going to hear is these are two very different stories. Michael cohen, convicted felon, convicted liar. And then we have an attorney what ran a very prestigious office in new york saying i met with this man. And he told me then when he had everything to lose that there was nothing he could offer against trump. This is damning testimony, and it very much undercuts the prosecutions case. Neil going through the numbers, i guess the prosecution has called about 20 witnesses, maybe more. Some of the more prominent ones, Michael Cohen and Stormy Daniels. The defense, a precious few. Theyve only accelerated today. What is the risk in the Defense Doing . Youre a darn good lawyer in your own right; would you risk widening this out . As you said, you dont want to look like youre spiking the ball. You dont want to go after Michael Cohen so badly that the jury might actually feel sympathy for him. Youve already shown he has a horrible record. How much further do you need to go to attack his credibility . I think costello is good because this is is a guy who made a living as deputy chief of the criminal division. A guy who made his living telling the truth to new york juries, and youre going to put him sidebyside to Michael Cohen who seemed to make a living by lying to people. That contrast is enough. And to end the defense quickly shows a lot of confidence. It shows that the defense thinks that the prosecution has not carried proof Beyond A Reasonable Doubt of committing any crimes. And thats what the prosecution requires. Neil were just getting word that the judge is reprimanding costello. I dont know whats behind that. Any ideas . It could be that bob costello is adding information. I know the judge had restricted his commentary and responses to not include Michael Cohens State Of Mind. Possibly bob costello is adding into his testimony the State Of Mind being manic, pacing quite desperate. And possibly thats what the judge is doing. Look, the judge here is trying to restrict anything that helps donald trump. Weve seen that over and over. I mean, he has rulings that just really hurt the defense. But bob costello is probably very adept at getting his point across to a jury, and i think he will do so very well. Neil he is unflappable, if nothing else. I had the luck of being on the same fox program he spoke on a few weeks ago. I said, trumps guys need to get this guy before a jury. I think the judge cutting him off and limiting him will be very frustrating for the jury. Why isnt the judge telling him tell the whole story after the same judge let Stormy Daniels wander all around gods green earth giving her own testimony. So this could backfire for the judge. Neil thank you both very much. Great insight on all of this. Martha maccallum with us right now. Anchor of the story. She has a great project shes working on. I do want to talk to you about that. It looks really intriguing; i love when you do these things. But some of the characters here, martha, are not the greatest. There are a lot of risks theyre taking here. Michael cohen front and center. We thought we learned it all, and now reports that he stole money from the trump organization. It doesnt get anymore surreal than that. Martha we have such great reporters and producers in the room there, and im just going through what theyre saying. It was a hot scene in there. They cleared the entire courtroom. They had the press leave so the judge could marchand could reprimand costello. Because the prosecution and the judge kept cutting him off when he was trying to talk. And when they cut him off, he was blurting out his answers anymore. He just wants the jury to hear what he has to say even though hes being cut off. Now people are coming back into the courtroom, so well see what happens now with costello. But clearly it got very heated in there just now. Neil we accept that at face value. The judge didnt seem to have any problems letting Stormy Daniels talk and talk and talk. And even some of the comments made. The fact of the matter is he would pick and choose who he would interrupt and why. But whatever costello is saying, that gets under his skin. Martha youre so right. Stormy daniels detailed the sha shampoo. He said, shes getting a little far field here so try to reign her in. But that is not the demeanor at all. Any jury can see that these situations are being treated very differently between the defense and the prosecution. And how that registers and sits with them, only those 12 people know. And several alternatives who are in there. Neil the benefit of me being so old is i remember cases that were very different than this one. But i remember Ronald Reagans secretary being brought up. And i remember the buildup was such that he was going to be in jail for the rest of his life. He was exonerated on all charges and famously said, how do i get my good name back. All the legal experts at that time for saying hes toast and the prosecution has this case made. But they didnt. Exonerated on all counts. I understand the defenses actions here to call in other witnesses to seal the deal. But thats a delicate threading of the needle, isnt it . Martha yeah, it is. I imagine that former President Trump probably saw Robert Costello over the past few days and said, youre going to put him on the stand. This guy is really good and saying everything that we need to hear to close this case. Thats just my guess, as weve all seen and covered him over all these years. But the jury, how does this sit with them . Do they see it as hes tough on the defense and not so tough on the prosecution. Or do they see costello as being hostile and out of order in this situation . Thats something thats hard to know. I was trying to read their faces. Theyre going to deliberate soon and well see whats in their hearts and minds having watched all of this up close. Neil what i want to get from you and you raised this on your show. You just touched on it now. Costello is there because donald trump wanted him there. And the Defense Lawyers might be saying, we can see the wisdom of that. Even though they might not. But what do you make around the role Behind The Scenes donald trump is playing here . Encouraging this guy to get on. Martha i just say that based on covering him all these years. He does not sit back. Hes not the type of client, i would imagine, with his team whos going to sit back and say, you guys are the experts so do what you want. Im sure he does to some extent, but when this is the last moment and this is the final thing the jurors are going to hear by the way, cohen told costello over and over again that trump wasnt aware of the payments. This is crucial. This is central to this case. It wouldnt surprise me that this person who is a very hardened counterpuncher would not want his defense team to stand up after the prosecution rested and say were done. I could be wrong. Neil and it doesnt extend to necessarily him testifying himself. But i want to go back to your project now. Tell us a little bit about this. Martha i spent a lot of time interviewing members of The Greatest Generation over the last member years. I was talking to one of them after his father tom rice passed away, and he said, martha, my dad was on his final journey in this life. And i thought youre so right. And we need to record the voices of these men before they go. Fortunately i had the honor of interviewing tom rice several times. But i said, lets sit down with as many as we can get and have them tell us the story of The European Theatre in their own voice based on their own experience. And we just dropped on fox nation the pacific theatre. Three episodes each. These men tell the story. I am very proud in this documentary because all i did was try to get them to talk about their stories and draw them out a little bit. But they are so remarkable, these men. And two of them are going to be with us in normandy for june 6th for the anniversary of dday. The 80th anniversary. This is clearly the last time you are actually going to see some of these men return to normandy for this 80th anniversary. I think its going to be a historic moment to be with them there. Neil its remarkable. We do have the dna of that generation, if we just recognize that. Martha we just have to scrape Everything Else out of the way and see if it can rise to the surface. You do every day, neil. Neil thank you. The final journey of The Greatest Generation is available now. You can tell its a real labour of love from martha. And this is a generation thats worth it. They dont like to yell or brag or do any of that. All right, we are appreciating right now the time constraints outside a new york courthouse where were expecting to hear from donald trump soon. A lot of nastiness back and forth here. After this. Fisher Investments at Fisher Investments we may look like other Money Managers, but were different. other Money Manager you cant be that different. Fisher Investments we are. We have a team of specialists not only in investing, but also also in financial and Estate Planning and more. other Money Manager your clients rely on you for all that . Fisher Investments yes. 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Plus, theres no cutting, no surgical scarring and no downtime. The results are absolutely fabulous. See why so many people, including doctors, are choosing gentlecure. Call today or go to gentlecure. Com. Neil we are learning right now that there was a little hellfire going on inside the courtroom. Judge marchand temporarily cleared out the room because he wanted to admonish Robert Costello. He had acknowledged that Michael Cohen had acknowledged he really had nothing on donald trump. We have notes here. Quote, they obviously realize his testimony is a real problem for their own case. If costello answers even a bit beyond the question, thats when the judge intervenes and thats where it gets nasty. And thats where we stand right now. Mercedes, that is always the risk when defense brings on a witness that the prosecution isnt going to like because it could hurt the prosecutions argument. This is what you get, right . Youre exactly right, neil. But it could be a paradigm shift. The jury is already looking at the judge, and the judge is Admonishing Costello for the way hes testifying. So it is very tricky. But the more objections, an argument could be made by the defense that they dont want you to hear what bob costello has to say. But its a risky thing. The defense was winning the argument about Michael Cohens credibility. Why are you then putting another witness on the stand . Youve bloodied up cohen. Youve shown him to be a liar. Youve shown him to admit that he stole money from trump. He admitted that he hated him. He admitted that he wanted him in jail. Why do you then put a witness like Robert Costello on whos going to stroke the ire of the judge . It wasnt necessary. Look, its hard. Obviously im not in the courtroom, im not part of the defense team. But Defense Attorneys generally will tell you if youre on the winning side, youre done. Youre done. Even if your client says, we have to get this person on. Hes going to be amazing. Hes going to be great. But you just bloodied the key Witness For The Prosecution. You dont need it. Lets just say to the jury they didnt prove the case and move on. The more witnesses you put on, the more your witnesses are now being called into question and crossexamined and bloodied up. Theres a paradigm shift. Keep that burden where it is. Legally, the prosecution has the burden. It would have been perfect if the defense had rested. But dont bring someone in whos going to be crossexamined effectively and now you have a problem. It shouldnt be cohen versus costello. It should be cohen did not testify under crossexamination, came apart. Thats all we need to show. Lets close on that and be done. Neil you talk about they dont want to make it costello versus cohen. Im thinking now the treatment of costello by the judge versus Stormy Daniels. He let her go on and on and on. Wind her up, let her go, let her say anything. And the jurors probably recognized that. This guy gets up there, the first words out of his mouth, clear the room. I dont know if it was that close, but there is a little bit of a doublestandard. Why does the judge jump ugly on this guy, said nothing when Stormy Daniels was testifying about things. Quite frankly, Stormy Daniels had a role and was have a very effective Witness For The Prosecution for a role that really didnt have any meaning behind the charges. But she was effective in showing that, at least in her narrative, there was this encounter with donald trump. Neil i understand that. But the judge let her rip. We were told the jurors were intrigued by what she said on the witness stand, but the judge never intervened or rarely did. Very different right now with bob costello. I just wonder your thoughts on that. You can imagine, though, neil, this is a jury thats been sitting there for hours. Ive had jurors who say, i noticed your suit. I love your suit. Its amazing what they notice. And to your point, theyre noticing everything. This is a very smart jury panel. You have a lot of professionals on that panel. Theyre very observant. You have two lawyers on that panel. So you know those two lawyers are looking at how every witness is being treated in that courtroom. Whether it will have some effect, it might because a jury can sit there and say why is there so much objection. I can tell you as a Defense Attorney and a trial lawyer, i am very careful about my objections. When i object and object and object, the signal to the jury is what is that lawyer afraid of to come out of that witness. Why are you constantly objecting. So there are some really smart jurors there. They may think along those lines. Or the opposite could be that costello is not testifying the way hes been instructed to testify and therefore hes defying the judge, defying the prosecution. Neil maybe deliberately. Mercedes, thank you very much. And again we should say that bob costello is still on the stand. Hes being crossexamined by the prosecution. Back and forth it goes. Were waiting to hear from donald trump because when all of this is over today on this whole crossexamination thing, he, were told, is ready to talk and get something off his mind. After this. Organic soil from miraclegro has grown me the best garden i have ever had. Good soil, and you get good results. Look at that the broccoli was fantastic. That broccoli i think some of them were six, seven pounds. Diabetes can serve up a lot of questions. Like what is your glucose and can you have more carbs . Before you decide with the freestyle libre 3 system know your glucose and where its heading no fingersticks needed. Now the worlds smallest and thinnest sensor sends your Glucose Levels directly to your smartphone. Manage your diabetes with more confidence and lower your a1c. The 1 cgm prescribed in the u. S. Try it for free at freestylelibre. 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Serious infections, cancers including lymphoma, muscle problems, and changes in certain labs have occurred. Tell your doctor if you have an infection, liver or kidney problems, high triglycerides, or had a vaccine or plan to. Sotyktu is a tyk2 inhibitor. Tyk2 is part of the jak family. Its not known if sotyktu has the same risks as jak inhibitors. Find what Plaque Psoriasis has been hiding. Theres only one sotyktu, so ask for it by name. So clearly you. Sotyktu. Neil the dow back under, but the nasdaq did hit a record today. The s and p came very close. Pro. Expertly formulated. To target skin cell turnover. And fights not one but 5 signs of aging. With visible results. In just one week. Neutrogena neil crossexamination continues right now with bob costello. He was the first Legal Advisor to Michael Cohen, as we wait for this to wrap up and donald trump himself come out and likely talk to reporters. Whats interesting about the costello effect on the court is within minutes of him starting to answer questions, the judge cleared out the courtroom here to address this. Needless to say, this is an important distinction to know that Michael Cohen and costello had about 75 calls between them. And this was information that came from appear daniel sitko. Hes sort of a Paralegal Witness who charted this on a spreadsheet. So it shows some familiarity here that obviously the defense wants to point out and the prosecution wants to potentially minimize here. Back with rebecca and john. What do you make of costello and the way the judge has essentially treated him . Within nano seconds, he was all over him . Do you want me to go first, neil . Neil thats fine. Go ahead. Im reading from my phone now. The judge said, id like to discuss proper decorum in my courtroom directly to costello when he asked people to leave the courtroom. He said listen to this, neil. I dont want you to give me side eye and dont roll your eyes. This is what im reading now. I cant be sure that this is what was said, but this is one of the accounts of someone who was in the courtroom. Interesting, but it sounds like the judge is trying to quash the testimony. He doesnt like his animation. He doesnt like his reaction. I mean, its a normal reaction when youre constantly being told objection sustained. And costello cant get a regular train of thought out. You know what, when youre in a courtroom and youre constantly objecting or facing constant objections, a jury looks at that and they dont like it. They say, what is happening here. Why cant we just hear the story. Let it come out. Why is the prosecution objecting so heavily to this mans testimony. The prosecutions objections can backfire on them. Neil thats wild. John, we just heard the jury is dismissed for the day so i dont know where this whole crossexamination thing goes and the wisdom of bringing costello there. I mean, i am curious to get your Vantage Point of this because you can see things through jurors. I was mentioning before, i can remember a lot of cases where experts thought it was going one way and then it didnt go that way. Labour secretary under Ronald Reagan when he was brought to court on 20 some indictments. He was indicted on all accounts. He famously said after this, now how do i get my good name back. So that was something that experts at that time didnt see coming. The jury, apparently, had another view of things. Youve spoken to jurors yourself. Help me get their sense of this. When they see a judge admonish a witness whos just taken the stand and they dont do that to Stormy Daniels, how do they take that this . I remember that case, actually. He was underscoring for everybody how much power a prosecution has to destroy a mans reputation or a womans reputation without ever getting to a verdict. Just by making the accusation. Just by putting the kind of witnesses on to destroy someones character. Which we have seen done to donald trump these last three weeks. I actually could see two reasons why the defense called costello. And i totally see the perspective of the other guests who have said, you know, youre opening up a whole can of worms because you can bring on costello and theyre going to be able to ask him lots of questions. Look, one thing that the Defense Attorneys are struggling with is they dont want donald trump to testify. It and im sure trump having his name and character dragged through the mud the last two fraud cases did not turn out well for him. The Defamation Case did not turn out well. So his attorneys probably said, look, mr. Trump, you dont need to testify. We have this great witness, bob costello. He can testify about everything thats said. We dont need to prove anything else. The prosecution has the Corn Constitutional Responsibility to prove its case Beyond A Reasonable Doubt. They are the ones of having the mistake of putting Michael Cohen on. The defense really only needs to steal Michael Cohens credibility. How do you destroy the credibility of a guy who already went to jail for lying . You bring someone vivid like costello. He is such a compelling witness. I think hes perfect to speak to a new york jury. The way he talks. In fact, him rolling his eyes, giving people side eye. I thought thats how you say hello in New York City. [ laughter ] neil it is the way you say hello. Rebecca, he raises a good point here. Michael cohen, not always reliable. But then these revelations today that he stole money from the trump organization, that might have been it. What did you make of that . I mean, that is amazing information for the defense. When a witness on the stand admits that he stole from the man whos being prosecuted. He admits that hes trying to get a reality show, neil. That hes been aggressively looking to get famous. That he makes money off of these tshirts and his podcast which aggressively attack the president. So all of this in a package is a big package for the defense to show the jury that this man has no credibility and he has a vendetta. Not only is he not credible, he has a vendetta to go Above And Beyond to hurt donald trump. That then can convince even one juror that this case is a bunch of nonsense. Its a house of cards. Neil all you need is one, to both of your fine points. John, im sure the defense brought this out with bob costello, the first Legal Advisor to Michael Cohen, when he said years ago when i was talking to the guy, he freely admitted to me on a number of occasions, i have nothing on donald trump. At the point something changed. And thats what you want to plant in jurors minds. A few years ago, nothing on donald trump. Now all of a sudden donald trump should be tarred and feathered. What did you make of that . I thought costellos testimony about his discussions with cohen a few years ago were quite compelling and really undermined cohen. Cohen is rehearsed, seems to have undergone a Personality Transplant into a perfect witness from the Cursing Lawyer weve seen in the media for years now. So you bring on costello. He goes, ive talked to this guy. He was thinking about suicide. We have this exception in the hearsay rule where we allow hearsay in from someone whos dying. Because we think if someone is dying, thats when they really are going to tell the truth. Plus hes talking to somebody whos his lawyer. Neil we are getting word that the defense is already asking for a dismissal of the entire case as theres simply no evidence on the Business Records being false and all this other stuff. So they can offer that and the judge can reject that, but there you have it. As we wait for donald trump to potentially give us his thoughts on all of this. After this. 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Tell your doctor right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs. Tell your doctor about new or worsening joint aches and pain or a parasitic infection. Dont change or stop Asthma Medicines including steroids, without talking to your doctor. When you can get more out of your lungs, you can du more with less asthma. And isnt that better . Ask your doctor about dupixent, the most prescribed biologic in asthma. Neil they have wrapped things up in the courthouse in manhattan here, but we do know that bob costello, that early Legal Advisor to Michael Cohen youve heard so much about, very frank and comfortable in his own skin, hes going to resume a lot of that testimony tomorrow. So it could be more fireworks to look forward to, depending on your point of view. Nate foy following all of it. Nate. Trump attorney todd blanch is asking the judge to dismiss the case right now after the jury had been dismissed from the courtroom. He says theres no evidence, he being blanch, that any Business Records were falsified and no evidence of intent, no evidence that former President Donald Trump did anything to influence the 2016 president ial election. Anything that was unlawful. He says that the prosecution simply hasnt proven that. The jury was dismissed in the middle of Bob Costellos crossexamination. He took the stand today. Hes the third witness to take the stand so far. He confirms that he knew that cohen was trumps personal attorney when cohen consulted with him in 2018. He confirms that he told his son that he would be part of the team representing cohen. And he got into detail about some of those meetings, saying cohen was acting manic, that cohen was suicidal at the time and that he had considered jumping off a Hotel Balcony just two days prior because of the legal pressure he was under at the time. And cohen testified he never ended up hiring costello because he just didnt trust him. Cohen also testified that he thought costello would pass information along to trump through Rudy Giuliani. And costello testified that he never put any pressure on cohen, that he considered cohen to be a client. That he was always looking out for cohens best interest. Now, there is some tension between judge marchand and costello. The judge cleared out the courtroom to reprimand costello because of his body language. He said to stop rolling his eyes and reacting to his rulings. Costello showed frustration over constant objections from prosecutors. Now, cohen did Tell Costello that trump knew nothing about the Stormy Daniels deal. Costello will likely take the stand again tomorrow and answer more questions about what exactly happened in his dealings with Michael Cohen in 2018. And we should be hearing from former President Donald Trump very soon, neil. Back to you. Neil thank you very much for th that. I want to get to the bottom of whether a judge can actually tell you and order you to stop rolling your eyes. Because i feel like rolling my eyes. But you cant see me. Well have more after this. My back got injured very bad. I was off work for about a year. I heard about Relief Factor from my wife. I took it every day, three times a day, for three weeks. Look at her and i said, the pain is gone. And she said, im glad it helped. I said, no, you dont understand. Its gone. You, too, can feel better every day with Relief Factor, a daily supplement that fights pain naturally. Call or go online now and get 35 off your first order. These days everyone is staring at screens, and watching their spending. Good vision is more important than ever, but so is saving. Thats why americas best includes a free eye exam when you buy two pairs of glasses for just 79. 95. Book an exam online today. Neil things wrapped up now at the United States supreme court. The bottom line was, the defense decided that they needed a little bit extra to put icing on what they think is a winnable case for them by bringing in Bacchus Tello right now. The first Legal Advisor to Michael Cohen 75 odd conversations over the last few years. Early parts of those conversations, costello repeatedly, i have nothing on donald trump. Something changed from those early years to now. Separately, there was testimony from the crossexamining paralegal. Kept a chart of in such conversations. A lot of illegals with saying they seem to have their case in hand. You can never assume that as Andy Mccarthy likes to remind me. Maybe they wanted to make sure they had some things buttoned up that concealed the deal. Did they, are they doing that andy . I think they are. Everything that you do in a trial should always be about what you want to see to the jury at the end of the case. Todd blanche and the other Defense Lawyers when they look the jury in the eye at the end, the argument they want to make is you cant in good conscience convict someone of a criminal offense on the testimony of this serial perjurer. I think they didnt want that just to be on the basis of todds appointed questions. They wanted to get it from bobbb costello. Over 50 years talking to new york juries. Neil an important legal question i wanted to ask you. The judge admonished costello for rolling his eyes. Can the judge admonished you for rolling your eyes while you are on the stand . It is the judges courtroom. They can admonish you for pretty much anything. Let me tell you one thing about that deal. The Witness Box Protrudes in the front room the bench is. Where the judge to see you roll your eyes, youve got to showing you are rolling your eyes. Bob costello may have Add Something to do with that. Neil something that he deems foolish gladly. I know he is back on the stand tomorrow. What do you think . You know, even though i got to be in the overflow courtroom today, you really want to see the jury. You are not able to do that. They take a lot of care to make sure that no one gets a look at the jury. Im wondering, how does the jury seemed to be taking this . It is hard to read that you can get that off the transcript. Neil your take on this and the defense and whether they we dont know what a jury is thinking. We do know that the jury probably noticed today that the judge pounced quickly on bob costello in the middle of what he was saying. Didnt do so when obviously Stormy Daniels was talking. Do they notice stuff like that . They certainly do. They watch the judge probably more carefully than they want anyone else. That is sometimes a good thing for the prosecution if it looks like the judge is taking the case very seriously. If the judge looks like he is putting number on the scale, it could be a bad thing for the prosecutor. You want to get a sense of their body language. Neil dropped this thing. There is no use going forward. What do you think . How do you think that is going to go . Is not going to happen. One of the things asked to do was to find that cohen is incredible as a matter of law. In other words, reject all his testimony. When the Defense Moves through a directed verdict or an acquittal at the end of the governments case, the legal test is that grad that Credibility Findings for the jury in that the judge has to assume that the jury will believe everything that the prosecution witnesses say. The only issue is did they prove enough legally to have a sufficient case . Neil real quickly, this debate that has been written about. The defense and may be giving orders to the jury, Misdemeanor Charges versus Felony Charges and maybe make them Misdemeanor Charges. What do you make of that . I have thought for the beginning that the defense has a right under new york law to ask for a lesser included offense instruction. The felony is the greater offense. The misdemeanor is the lesser included offense. I think it is important to. If the jury feels they have to convict trump of something, you would rather have them convict on the misdemeanor. I would have to get thrown out the statute of limitations ran on that in 2019. Neil great job no matter where you are. Tomorrow, another day and then we are told next week, the judge wants is all wrapped up