anderson cooper, 360 weeknight today may 10, right now on cnn this morning, donald trump's hush money trial and then its motion for a mistrial. prime minister benjamin netanyahu announcing israel will stand alone if president biden decides to halt weapons shipments. and robert f. kennedy jr. shocking his own running mate with his comments on abortion rights all right. >> 6:00 a.m. here in washington live. look at the white house on this friday morning. good morning. good morning, everyone. happy friday. we made it i'm casey has this wonderful to have you with us. donald trump's criminal hush money trial on track to resume in just a few hours. back on the stand this morning. former trump white house assistant madeleine westerhout. she's testifying about how checks for michael cohen were sent to the white house for trump to sign on thursday. judge merchan rejected a request by trump to have his gag order amended. he also denied a motion for a mistrial. the former president's lawyers one of the case to be tossed, claiming stormy daniels keeps changing her story while the adult film star was on the stand, trump's lawyers went on the attack against her quote, you have a lot of experience making phony stories about sex appear real, write the attorneys asked daniels replied, wow, that's not how i would put it. >> the sex in the films. it's very much real, just like what happened to me in that room the defense determined to undermine daniels credibility and this exchange quote, you have acted and had sex in over 200 porn movies right? there are naked men and naked women having sex, including yourself in those movies, right? but according to use seeing a man sitting on a bad and a t-shirt and boxer shorts was so upsetting you got lightheaded daniels replied, yes. when you are not expecting a man twice your age to be in their underwear, it is a moment that daniels described in greater detail in a 2018 interview with cbs i excused myself and i went to the restroom i was in there for a little bit and came out and he was sitting on the edge of the bad when i walked out perched and when you saw that, what went through your mind i realized exactly what i'd gotten myself into. i was like here we go here we go. let's bring in skin his senior political analyst, mark preston, cnn legal analyst elliot williams, meghan hayes, former special assistant to president biden and mike deb, key, former white house communications director under president trump. mike, you are already sighing it is quite raid awake get to the more than we are morning's coffee when you got stormy, daniel's on the stand what do you think the attorneys for trump accomplished yesterday and what they did with stormy daniels well, look, i again, i think there are really two juries that the trump defense team and the trump campaign are concerned about yesterday was all about the campaign team i think the defense was listening to their client probably tuesday night was not happy with the way the testimony went, even though most legal analysts that i heard said they did a very good job with that testimony and yesterday was about discrediting her credibility and for the president to use that and rallies and other communication said he does outside the courtroom. yeah so stormy daniels and i'm gonna i'm gonna give this to the side of the table of market and qaly, it can pick y, which one of you would like to respond to this. >> but stormy daniels a couple of things here. so the new york times noted i was fascinated to read this, this morning that when she was in court on tuesday, she wore what seemed to be a very subdued dressed. right. so they write quote with her messy hair and subdued lack of calculation. however, the jumpsuit she was wearing on day one was the same jumpsuit she wore in her cameo in a 2021 film, bad president. a satire in which donald trump's sells his soul to the devil to win the 2016 election given that the actual mr. trump was sitting across the courtroom from her? that is quite a subtext. okay. so that's tuesday, follow up last night, she writes on twitter, quote, real men respond to testimony by being sworn in and taking the stand in court oh, wait never mind. of course suggesting, you know, trump doesn't seem to want to say that he won't testify even though clearly it would be a bad plan from a legal perspective, according to most of our legal experts, right? >> bad plan. >> it was bad. i don't like stuff like that. act on i'm sorry. i know. this isn't a question down. >> you're welcome, but no no matter what you think of donald trump as a former president, as a defendant. and, you know, whether his behavior was a moral objectionable. you didn't vote for him, whatever else he is a defendant in the criminal system in the united states, he has a right not to testify, and this whole game of y is any testifying he should stand up and testify even from another witness. there's just no place for that now, we can talk okay. all de about the alleged conduct. and frankly, all kinds of other conduct. he's allegedly engaged in outside of this. >> but i that's just me, sorry, to be the lawyer with the garden. that's why you're here i've never liked your lovely party never liked it when often juries when after you argue they will raise, widen the defendant testify. if if my life were on the line, i would have testified do and that's a very human impulse from people to think that you want to defend yourself. but there's just no place for it and it muddies what our criminal justice system is all about. >> yeah. i mean, mark, it does seem as though president trump, the candidate for president was as micro sang on display here, pushing his team to do this again, stormy daniel's, and that's the same thing that would be driving. it's driving how he's talking about the testimony. right. how it plays politically. yeah. >> i think mike's absolutely right. i mean, we're seeing what's happening in the court room right now and we're paying a lot attention to these sort of details. in the court of law. i don't think the details are going to matter and perhaps could backfire. what have you court of public opinion though. i mean, we're talking about trying to i assume now that there are women in these five or six days that we're looking at now, whether it's wisconsin or michigan or pennsylvania or nevada, arizona one, georgia who perhaps would have thought about voting for president trump, but then they, see this and not to be very sorted. but this is pretty sorted. it's all very sorted. i would assume if i cheated on my wife, that would be wyoming. she'd kill me, but that would be one would hope south probably kill me twice here's, another thing though to i believe to cheat on your wife and then have it publicly come out that you didn't use protection. and i think that that is not i'm telling you though that is something that i think we'll call it home you're laughing, meghan, but it's true. i think that that is something that there's a trust level, there's the moralistic level. issue, that people wrestle with as i'm wrestling league that right now and tv i am to the record. >> to your point about these five or six states that they're trying to play. two, those are the nikki haley voters that are these moderate women, suburban cities that are going to vote, who are they going to vote for their, the undecided. and these are the things that are going to come up. and these are the ads that the super packs and other people people are gonna put forward comes september and october to continue to remind these women of these details and also on this tweet that she put out, i think she's trying to bait trump to respond to get more of reaction, to continue to fuel the fire of his gag order, et cetera. >> she was very pulled together on the stand yesterday. she held her own. you're probably right about at her tweet. the other point though, i would make is a lot of this information about the president or the way americans feel about the president is already baked in. so i'm not sure that yesterday really did any extensive damage for him beyond with those suburban voters. i think they already had some of those slots, but for him, but if that's true, then those nikki haley voters that are continuing to vote for her in the primaries are then that is invertible. joe biden provided. and so it's kind of where did they were are our brain worm friend? >> yeah, i don't brain worm friend. okay. we are talking about later on in the show, coming up next here at donald trump's slamming president biden for his stance on israel plus devastating tornado damage in alabama. three more states bracing for severe weather today and one very lucky lucky, good. oklahoma city fan leaving last night's game with $20,000. it's one of the five things you have to see this morning. i'm gonna go with cnn this morning. >> morning. >> brought to you by first sandra, for more information, visit for sen rad.com missing out on 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kate bolduan streaming weekdays exclusively on macs donald trump criticizing president biden for his decision to pause shipments of some us weapons to israel, while also attacking jewish democrats who support biden well, i wouldn't do what biden did. >> he just abandoned israel. i've never seen anything like if people can't believe it and why jewish people vote for democrats is beyond me. i think maybe they'll change their mind, but they've been wedded to democrats four for 50 years. if you're jewish and you vote for him, i say shame on you were at our panel. >> is back at mark preston. obviously this is something we actually have heard from trump before in talking about jewish democrats i do think it's worth noting that dumb trump said there were good people on both fine people on both sides in charlottesville when you had neo-nazis marching resulted in a death of a woman. but that said, we have seen very ugly anti-semitism raise a ted in the context of protests on campuses that are coming from the left. and that is something that we are now grappling with as a country. >> yeah in it happened so quickly, write these protests popped up and then all of a sudden coming in right behind her, perhaps even fuel and good, quite frankly was this inked anti-semitic? >> wave that we're seeing go across the country. but i also think that what we're seeing in israel, right now in the united states and with everything else, it seems like in this country is that we are so divided like democrats right now are divided on this issue angrily republicans by enlarge for together on this issue. but they're not necessarily in power so that they don't have to necessarily take the hits for what's going on with our foreign policy. but i do think that it's something that if we don't stop it right now, if we allow it to fester, this is going to cause a deeper problem down the road so the biden campaign responded this way. they said quote like a cuckoo clock of hate, he is popping up every month with the same patronizing anti-semitic stick and reminding jewish voters that he has no respect for us. meghan yeah, i mean, it's clear that he's just trying to divide divide more people, and create more chaos. and this is what gets people talking right? so now we're covering that's more talking about it, which also does fuels more people to continue all of their different hate out there. and it's just, it's really unfortunate. it's not going to solve the problem. this is a issue in a war that's been going on for long for many, many years. so it's like why why do we think that he is going to solve this problem? it's just crazy. >> well, and elliot williams trump is also has tried to use what's going on college campuses to give himself a pass on what happened in charlottesville. watch what trump said recently charlottesville is like a peanut compared to the riots and anti-israel protests that are happening all over our country, right now. it's a disaster. there's never been a time like it in the united states of america and it's crooked fault. he doesn't have a clue. he doesn't know where he is. he doesn't know he's alive. >> so charlottesville is like a peanut compared to the riots. he says, again, let's just underscore it. neo-nazis marching it's just hard to know where, where he's going with this. >> it was interesting that the statement that we'd shown a moment before, use the word patronising because it's sort of almost treating jewish voters like a ponds of sorts and trained jewish voters as a monolithic block and so on. so there was just a lot of patronising tone there and i think it's generally not in anyone's interest to say the word charlottesville without saying the word and white supremacists are and hatred and so on and so whatever he's doing there and who's hearing it and intrigued by this sort of beyond me. >> well, i from using charlottesville, i have no it's a grab-bag of grievances. it seems sometimes to win the president's speaking, i would not have brought up charlottesville on the other hand what we're seeing on campuses across the country, what i've really been paying attention to is when they've been making these arrest, how many of the protesters are students and how many of the protesters are professional protesters who have infiltrated these campuses. so there is something else going on here that's beyond just a uprising of concerned 20 he one 22-year-olds or 18-year-olds. and so there's something to be said about that on the on the outreach to jewish voters that has been a bot of voters that has moved, that has voted for the democrats for decades now, there is a division here vis-a-vis israel. and i think it's our politics for the president to reach out to those individuals. i don't i don't find a patronising i find it if identified an issue of importance and the president and the democratic party seemed to be at odds with each other. well, i think we can say that reaching out to jewish voters is one thing. >> saying that that criticizing them for supporting democrats is called another is kinda another thing. all right, ahead here, the fallout from president biden's decision to hold back some weapons from israel plus alabama torn-up by tornadoes. and three more states bracing for severe storms right now, plus police clashing with student protesters at mit. that's one of the five things you have to see this morning how we'd really happen with jesse l. >> martin sunday's at nine on hey, they're brenda it's carol. >> exactly. >> so which like are we operating on? >> you mean arm? >> it's all connected asking the right question can greatly impact your future. >> you share your orthopedist actually, i'm a sagittarius, especially when it comes to your finances. give a question or us certified financial planner? yes. i'm a cfp professional. >> cop professionals are committed to acting in your best interest. that's why it's gotta be a cfp bind your cfp professional. let's make a planned out work 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he's buying dinner tonight that is matt sanders collecting a cool 20 k for sinking. >> i half court shot at halftime at the oklahoma city thunder playoff game this is the third time in four thunder home games that someone has made that halfcourt shot and one that money kind of awesome. all right. homes decimated trees, twisted northwest alabama still in recovery mode after an ef-2 tornado with winds up to 135 miles an hour, tore through a small town earlier this week the loudest noise i've ever heard in my life. and it just shook you to your core and just scared to death. >> and the southeast is facing facing a weakening storm system this morning. but the threat from tornadoes is diminishing today, but it is not gone completely. are meteorologist derek van dam tracking all of it for us. derek, good morning. >> yeah. the streak of tornadoes continues 15 days straight of tornadoes touching down in the united states, talk about severe weather fatigue yesterday, there were four right now. there is a threat of more tornadoes this time we have an enhanced risk which includes portions of northern florida. look at that, including jacksonville flight. risk including savannah, georgia with the threat extending into the carolinas as well. check this out 340 tornado reports since april 25th, you do the math. that's 15 days. here's the ongoing threat this morning, we have a severe thunderstorm watch until 11:00 a.m. however, there are a few embedded the radar indicated tornado warnings were monitoring. one just west of tallahassee. so we'll keep a very close eye on this again, radar indicated so the potential there for a brief spin up is definitely there across the northeast. you've got a very soggy start to early weekend. good news is that should clear out quite nicely by the weekend and then what everybody has been waiting for this large geomagnetic storm that will create a spectacular aurora borealis, or northern lights display across much of northern america and north america. and by the way, casey, you can see the northern lights as far south as alabama this weekend. >> pretty amazing. all right. derek van dam for us, derrick, thank you so much. have a great weekend right. >> all right. coming up next here. prime minister benjamin netanyahu dismissing president biden's warning about halting weapons shipments to israel plus new body camera footage released from i'm a deadly encounter between a 23 airmen and police with fast create factory ghraieb visual solutions to perfect your process that's sides. >> make your stuff investing can feel like you're going at it alone especially when. it comes to adding crypto to your portfolio but it doesn't have to be that way as the world's largest crypto asset manager, you'll find a lot of people holding grayscale funds, which means you're investing in good company grayscale crypto investing begins here i have relapsing a mess, but i still want to spend my time my way i chose because santa because it works for me 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a whole new way. >> thanks to you. we're getting bottles back and we've developed a way to make new ones from 100% recycled plastic, new bottles made using no new glasses you'll be seeing more of these bottles in more places. >> and when we get more of them back, we can use less new plastic bottles or de to be remade i'm kevin lip ttac at the white house. and this is cnn israel's prime minister dismissing president biden's warning to withhold some weapons if israel escalates its operation in rafah, benjamin netanyahu says that if israel has to stand alone, they will i've known joe biden for many years old, 40 years, and more we often had our agreements, but we've had our disagreements. we've been able to overcome them. i hope we can overcome them now. but we will do what we have to do to protect our country. and that means means to protect our future. and that means we will defeat hamas, including in rafah. we have no other choice so in an exclusive interview with cnn earlier this week, biden had acknowledged that some american weapons have killed civilians in gaza but he reiterated the us is not walking away from israel's security. >> cnn senior white house correspondent kayla tausche joins us now, live from the white house to break down her reporting on what went into vibes decision. kayla, good morning. it's always wonderful. good morning to see you. >> what what went into the president's decision to kind of lay this out in this interview because there has been a significant amount of fallout. >> this is not been a knee-jerk decision for the president and his top aides, casey, this was essentially three months in the making with president biden and his national security team discussing the potential foreign invasion of rafah with prime minister netanyahu and his counterparts for the last three months with a us urging alternatives to go after hamas leadership that would not involve mass civilian casualties. the us warning israel privately that us that's weapons would simply not be a part of any military campaign that would amount to a full-scale invasion lead to mass casualties. and would essentially attack this densely populated city in southern gaza that has seen 1 million palestinian justinian seek refuge and has been a critical conduit for humanitarian aid. i should say, but it was when the us really didn't have clarity on how netanyahu plan to recede and then when the white house saw that the israeli defense forces were establishing a presence around rafah, a choking off entry points that they said, you know what, these warnings behind the scenes are not doing enough and that's when president biden and his team decided to go public in that interview with erin burnett earlier this week with those warnings that he had delivered privately to netanyahu and his war cabinet for so many months in hours of calls, virtual meetings and some in-person meetings to be sure, yesterday, nsc spokesman john kirby told reporters this. >> he said, i can assure you that direct and forthright nature with which he expressed himself in his concerns in that interview with erin burnett is consistent with how he has expressed himself to prime minister netanyahu and two israeli officials but casey, this public declaration comes ahead of a critical deadline for the us to essentially certify whether israel has violated or not the international laws that allow it to continue receiving some of this military aid that deadline was wednesday of this week. i'm told that that report is still expected to come in the next few days. meanwhile, cnn contributor and axios reporter barak ravid reporting that secretary of state, antony blinken in that report will say that israel remains in compliance with those laws and shall continue can you to qualify to receive military aid from the us? now, of course that might make some republicans placated who have criticized biden this week after those comments saying that israel is alongside standing ally, none of that age should be conditioned, but progressives casey has been urging the president for several weeks to use that report and specifically the billions of dollars in new military aid that congress green-light just a few weeks ago as leverage over netanyahu, the president hasn't appear to be willing to to do that just yet, but we'll see what the content of their report shows. casey yeah, some really difficult dynamics for the president there, especially with his democratic allies in the senate, kayla tausche, always wonderful to have you on the show. >> kopan comeback soon. thank you all right, are panels here. >> and just as a reminder, this is what biden said on cnn this week, on this i made it clear that if they go into rafah, they haven't gone in rafah yet. if they go into rafah i'm not supplying the weapons that have been used historically to deal with rafah. i've made it clear to bibi and the war cabinet they're not going to get our support if in fact they go on these population centers were not walking away from israel's security, walking away from israel's ability to wage war in those areas so megan hayes kind of take us in your view, like behind the scenes at the white house here where you worked for so much time. this clearly was a difficult decision for the president to come to. but the politics are what they are. it's still a major deal for him to do this in public dimension. netanyahu yeah, i think he's probably well, he also thinking, okay, so we give them these bombs and they go into rafah. >> how does that actually accomplish a ceasefire? the return of the hostages, and how is that working towards a two-state solution and ultimately piece here, that is the ultimate goal. how is killing all these people going to reach that? so how do we make sure that israel can do to eradicate hamas? and a more precise bass way than killing, going into these major population centers fully believed that they have been discussing for months that they were going to stop shipment of these weapons. >> and i fully believe that they calculated the leak of the stoppage of these weapons. what i don't think the white house and i think there may be spinning a little bit now was expecting was the president to say that these bombs kill civilians mean he took a very logical we are going to, we're going to put some pressure on israel and rafah he took a very logical step there and he turned it into something that now we're all debating about american bombs killing civilians. he gave ammunition to continue the metaphor to those in the democratic party who are pro-palestinian, pro-hamas that want to see this us intervention. and i don't, i don't believe that that was something the white house calculate me a question for you and more curious than anything else, what would have been put on your democratic adviser and i'm serious though, what a wondering oh, nice, nice what would have been the way in light of the images coming out of gaza now, right what would have been the way for the president to speak about munitions going to get there. first two, i, just undeniable. no, no, but i think if he stopped at the first two they talked about the weapons. he talked about the stoppage of the weapons that we there we are putting a serious pause. >> but he didn't need to take that next step to say american weapons have been used by israel to kill civilians in our, in our intelligence, i think he needed to take that next step and i don't know really why he did it other than to appease that faction of the democrats. i think he was just trying to make the point our commitment to israel is ironclad. i mean, we had, we had fighter pilots up in the air shooting down missiles from iran like we have not, we're not leaving israel left behind and i think that that was his point there. >> well, the jordanians also had 100 jets, i down, but he from members of congress and other people are saying that we've left israel and we're just leaving them to defend themselves. >> that is 100% false. >> the only reason i asked that question is maybe even since vietnam have we seen as a country this many images of the toll of war on, sort of on a daily basis. and i'm just curious as do more than literally just a curiosity. what would be given what people see every day set aside the college protesters and all of that. but what the images are, how do politicians talk about it? so i don't know mark look i just go back what we talked about earlier. we are incredibly divided right now in this country on so many issues and this is one of them in joe biden felt pressure that he had to come out and say, some of our weapons have killed civilians. and by the way who didn't already know that. we all knew it, but there's a very big difference between the between knowledge and the white it has acknowledged i don't want to see very rare thing. >> yeah, i don't i don't just do in the context of foreign relations for sure. yes one you mentioned the protests, which is of course a big part of why the president is in the position that he's in, and why he was pressed the way he was i our erin burnett, the israeli prime minister, also weighed in on the protests in an interview with dr. phil overnight, watch this what is happening on american campuses and american cities. you've got, first of all, you have a lot of ignorant people there i'm sorry to say who've sense of history at best goes back to breakfast, not even that sense of history goes back to breakfast, not even that we have a lot of ignorant people. >> i mean, who is he trying to reach out to is well, you know, it's just i mean clearly there is a bigger problem at hand between israel and the united states when it comes to netanyahu in joe biden actually being able to work together and getting something done well. >> so the new republic put it this way let's acknowledge that the new republic is coming at this from a critical perspective. they're criticizing benjamin netanyahu, but they do write, quote, there is nothing new or unexpected about benjamin netanyahu's arrogance when president bill clinton first met him at the white house in 1996, mirror weeks after netanyahu first took office as israel's prime minister, he reportedly seeds to aids, quote, who the f does he think he is? who's the effing superpower here elliott, i mean, this guy is but he's been on the international stage for this long. and this is again, bill clinton, benjamin netanyahu's, this is decades and decades ago. >> yeah the decades point is an important one way you almost forget how long as almost like the scene and dances with wolves where first name the space then came the french. he has survived all of these these american leaders and it's really fast. take a drink for the first dances with wolves said, conchae this morning all right, coming up next here. why president biden may not appear on the ohio ballot in time for the november election. plus michael smerconish is here is dry days with his take on donald trump's hush money trial. >> this was jimmy fallon on that accord. >> experts have trump goes to jail for violating his gag order. he will likely just be locked up for an hour or two behind the courtroom in other words, trump would be the first former president to be given a time-out and if that doesn't work, they're going to take away his ipad and no dessert for a week is to play offs what do you see? my first championship in houston, sall's not winning a championship this try and stay positive on positive. he didn't win a ring oh, my god if you're looking for a medicare supplement insurance plan, that's smart now, i'm 65 and really smart leader. i'm 70. >> consider an aarp medicare supplement insurance plan from united health care with this type of plan, you'll know upfront about how much your care costs, which makes planning your financial future easier. so call unitedhealthcare today to learn more about the only plans of their kind with the aarp name and set yourself 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now up to 50% off and ako sina.com close captioning brought to you by meso book.com her firm only represents mesothelial of victims and their families. if you or a loved one has been diagnosed with mesothelioma, call us now all right. >> 46 minutes past the hour. here is your morning round up. a 23-year-old black air force member killed inside his own home by a florida county deputy when we on thursday, releasing body camera footage from the shooting of senior airman roger fortson. and disputing the families claim that deputies were at the wrong apartment an investigation is ongoing new this morning, the names of confederate leaders, including robert e lee and stonewall jackson, will be added back to two virginia schools. this after the shenandoah county school board voted five to one to reverse a 2020 decision that removed those names new this morning, a health survey finds one in eight american adults have taken prescription weight loss drugs used to treat diabetes or heart disease. the drugs include ozempic, wegovy, mounjaro, and zepbound and right now, president biden is not on the november ballot in ohio. it's because he won't officially be nominated until after the state's filing deadline. lawmakers had until yesterday to pass a new law to fix the issue but the effort failed and independent presidential candidate robert f. >> kennedy jr. in a recent podcast interview, apparently changed his stance on abortion, rfk now saying the government should not play any role in determining abortion access after previously saying he would be supportive of some bands states to determine if and when a woman can have an abortion. no, i wouldn't leave it to the states. >> right. i would say completely it's up to you should leave it to the woman. we shouldn't have government involved even if it's full term even if it's full term okay. all right. let's turn back now to this story. >> today's cross-examination was described as heated and intense, which coincidentally are the only two settings on trump's tanning beds. >> he didn't i'm going to go for five minutes intense, please. all right. after two days of yes, he did. and intense testimony from stormy daniels. >> we're now finding out that the other star witness and trump's new york hush money trial. >> trump's former fixer, michael cohen says that he expects to testify next week. here was cohen yesterday talking about it i'm kinda looking forward to it because again, can be finished with something unless you started. >> right. it's kinda like an entrepreneurial mindset. you can't be in an unless you willing to get any. and so there we go sooner or this thing starts. the sooner this thing finishes. and that way i can yeah, this too shall pass choking me now is michael smerconish. she is the host of cnn smerconish also cnn political commentator and our regular friday guess michael, wonderful. see you. thanks for being here. >> thank you. good morning, casey. >> so i honestly have been dying to know what you have thought of how this has all played out over the course of the last few days with stormy daniels on the stand and the details that have been brought in here, including the trump lawyers decision to put her on cross-examination in a way that drag that out even more. >> so my belief is that the prosecution is doing a fine job. they've absolutely convinced me that there was sex and i accept her version. i believe that he was wearing the silk pjs and that he was not wearing something else that was significant. i also believe that he paid her so that the story would go away. i'm less certain, casey, that they're establishing what they need relative to his motive. i mean, the evidence from my standpoint and i it i wish we had cameras in that courtroom, but it's pretty thin as to whether the campaign was a substantial factor in his decision to make that payment as compared to protecting in his family, michael cohen may be able to shed some light in that regard. i mean, i know they're going to be fireworks. michael cohen is a street fighter. i've been on his podcast on a number of occasions. he sort of a quintessential new yorker. and i mean that with affinity but if this is the reaction to the stormy daniels testimony, buckled club for next week, because if that's when he testifies and i don't know what else they have except michael cohen. i think it's going to be very, very significant, but let's not lose ourselves in the salacious, let's stay focus on whether they are ticking all the boxes that they need to meet the motive burden yeah. >> i mean, what do you think that they need to do, michael to convince the jury that it was election-related because i will say we are so far removed in time. oh, my god, from when this happened that i do see how it's possible to confuse it. but when you are having covered these presidential campaigns, it is not possible to overstate that in the weeks. >> and these are the very weeks leading up to the presidential election. >> if you are a candidate for president, the only thing you are thinking about and doing is trying to win. these campaigns are all consuming for these people who are running them idea that it would be disconnected from that is frankly implausible to me as a campaign reporter. >> but that said the jury has to be taken back to that period of time and i'm not totally convinced they've been they've been back there yet and what you've just laid out i think is a very plausible prosecution narrative like you think it was a coincidence that it happened in the 11th hour of the campaign, the payment gotten made as the clock was about to strike 12. the other response though, is to say the pushback on that is to say, well that's when she came forward because the iron was hot after but the access hollywood tape, in other words, it it really wasn't the timeline really wasn't established so much by the election as it was the re-emergence by stormy daniels is something else that i want to say. i've heard so many observers, pundits on cnn and elsewhere saying that this was donald trump is an incorrigible client and that yesterday, perhaps they went on to live with the cross-examination and that was at his behest. no doubt. and i believe that but i think there's more to it and that is that trump is playing to an audience beyond those 12 jurors thus far, none of this is hurt him, and it looks increasingly likely because of what happened with judge aileen cannon and then because we're waiting on the supreme court relative to the january 6 case, it looks and the the georgia fulton county case is still slogging along because of the relationship between nathan wade and fani willis, it looks like this is the only one and trump i think is mindful of that. rick scott, the audio that you played which is really interesting, is further proof of what i'm saying that he's trying to convince the american electorate that this is all political. it is about the sex as tawdry as it is, and it's very little about a campaign finance violation yeah, it's interesting that you raised that and let's just play a little bit of it because i have my sort of bigger picture question is the degree to which this is breaking through with americans. >> but this was john stuart last night on media coverage saturation coverage, shall we say of this trial? >> it has been another big week of water wall non stop to coverage, ubiquitous coverage is numbing fading into televised wallpaper with insight that only occasionally crackles through, such as, he greeted her at his hotel room and satin or silk pajamas which smooth materials. but satin our thanks to the daily show producers for being cnn this morning, viewers michael is it breaking through? >> is like, is this something americans are actually talking about focusing on, or is it all just noise in an incredibly noisy political environment? >> i assure you to the extent there are still water coolers and offices and people still go to offices. this is what people are talking about. i hear the same criticism that you just heard from john stewart. i'll get telephone calls on the radio today. why are you talking about this? again? how could i not be talking about this? it's got all the elements and it's a former president and he's the republican standard baer is it breaking through? i think people are interested, whether they're having their minds changed because of this trial, i seriously doubt. i don't think it's moving the needle at all in that regard, people are seeing in it what they want to see in it. >> all right. michael smerconish, always grateful to have you on fridays you too. thank you for being here and to all of you watching, make sure to watch his show tomorrow morning on cnn at 9:00 a.m. all right. panels back. >> i'm interested to know what you guys think about the breaking through changing minds, what this all, whether this all matters, how it maps letters, mark, quickly, i think it matters. >> i think it only matters in a few states. i think we talk about the selection in national terms because it's interesting and what have you, but the reality is it's going to come down to a very small group of people i think in this case that there could be some minds changed in some of these color communities around these cities and you know, states such as pennsylvania, michigan, wisconsin. >> yeah. i mean, no, i'd say i'd agree with michael that prosecutors have set up a quote, very plausible narrative, but very plausible narratives aren't necessarily what's gonna get you convicted and sent off to jail. now the question is whether it's succeeding with voters. that's a totally everything you're absolutely correct. he's he's not playing to the jury at this point. he's playing that wisconsin and pennsylvania. well, but him look, the reality might be that the only thing that really changes the game as a conviction, right? >> or or an acquittal by a group of manhattan liberals i mean, that's going to resonate across the country if they, if, if donald trump can't even be convicted by manhattan nights what, what does that say about all these other cases? it it feeds into the argument that all of these cases are political and in the one venue that they should be able to get donald trump, they can't. >> the one that everything's want answer in response to that, i think it's far more likely that the jury hangs than acquits him because an acquittal would have to be unanimous. i'm not sure there's a difference there in people's minds politically absolutely not. i just made just need to be careful in how we talk about it. it'll probably be who knows, but i'm just hold on. >> my lawyerly question. how will we understand the jury in case like easley? >> if it's an acquittal, it's unanimous if it's a hung jury, you'll know that some jurors would not change their, you know, how many they might the judge may pull the jury, but i don't know what what the rules for this court would be. >> okay. but you will know that at least one juror decided that they could not vote. and so it's just split. the goal is unanimity either for conviction or an acquittal like for not guilty verdict, it's technically a mistrial. if somebody hangs, but we'll see right so how often does that happen? typically hangs case you actually in high-profile case, i think i think certainly it can happen. i believe john edwards, his case ended in a hung jury, i believe. and again, forgive me if i got it incorrect but it certainly can happen and it's really just a question of how well did the folks picking the jury read the folks? that they picked up front and all the stuff about the judge urging them to find unanimity sometimes just doesn't work either. gerry's hang on me before. >> as we wrap up here at meghan, i mean, how's the biden campaign looking at this? because they are going to have to react one way or the other once we get a verdict in this case, i think that this goes to their continued method of the contrast but it's showing, i think all these details coming out. it's just drawing a contrast between him and president biden and i do think that is what's going to change some of these mines in these five or six states as we talked about earlier. so it's like whether or not we convict or not convict him. i think that these details being out there will change some of these these mines of these undecided voters. what do you think? >> i think the opinions baked done at this point? i think this is the interesting thing to me. we are watching a presidential campaign being run out of a courtroom for one candidate. and i wanted to say out of a bunker similar to the way biden ran in 2020, he's going to set event, set event. and then suppose causally always has another meeting to go to. so we can take questions from the media. so you've got bunker biden, and courtroom don to running in a presidential campaign. i don't think we've ever seen anything like this. >> you literally just an interview two weeks ago. here we are what he did speak with erin burnett wonder, yeah, he did. >> he did thank you all good. all right, so on this friday, i do want to leave you with this. it's the end of an era for an absolute classic. love it or hate it. general motors announcing they're going to end production of the chevy malibu. perhaps you've driven one by november, the factory that builds this thing and it's going to be reconfigured to make electric vehicles. the malibu was introduced back in the 19 and like let's be real, it was not really about glitz and glamour. it was about getting from point a to point b. unfortunately, we don't have a video from the 1970s. this is the modern malibu. >> over the years, more than 10 million people have used them to get where they need it to go. >> but of course, you probably remember it if you do from hollywood come on, man, it's cool. >> get a state. >> do you think stake here, danio don't see oh, after you kitty cat the cherry red