>> bill: how was the weekend? >> dana: you? >> bill: excellent. you've been waiting for this, right? >> dana: i read about it all weekend. >> bill: cohen is on stand. prosecution is relying on cohen as their star witness. questions over his credibility could make his testimony damaged goods in the eyes of the jury. we'll soon find out. former president said this before he went into court today. >> this trial is lagged. it is dishonest, a disgrace to new york and a disgrace to the country. i should be out campaigning now instead of sitting in a very cold courthouse all day long. this is a biden prosecution. it is election interference at a level that nobody in this country has ever seen before. >> bill: eric shawn brings us up to date outside the courthouse. 30 minutes in and how would you summarize it. >> we are, bill, good morning. the people call michael cohen. with those dramatic words the testimony of former president trump's loyal fixer and lawyer on the stand now testifying against his former boss. the prosecutor starting off the testimony by bringing the jury up to date in terms of michael cohen's life story saying he is 57 years old, married 30 years. how he got involved in the trump orbit. he described how he and his family including his parents all owned several condos in trump's building. 1 on park avenue specifically. cohen a wealthy businessman. he lived in this building on park avenue and at one point the board of directors wanted to take donald trump's name off the building. cohen didn't like that so he fought to keep donald trump's name on the building. cohen was a lawyer was successful and they were able to keep trump's name on the building and donald trump was so impressed with that he called michael cohen out of the blue and offered him a job. michael cohen didn't believe it was serious at first but then did meet with the former president at trump tower and was offered the job as an in-house lawyer. he said he basically dealt with a lot of issues, renegotiated bills, for example, if a law firm or vendors would send bills and the former president thought they were too high michael cohen would renegotiate them down. that was his in-house role. renegotiate, challenge invoices, challenge bills from vendors and construction sites and this sort of thing. they haven't gotten to the heart of this case. the allegations of the 34 counts of business fraud against him. cohen, of course, expected to testify he reimbursed stormy daniels $130,000 from his home equity line of credit and it was the former president, when he was president, in february of 2017, had a meeting with michael cohen together in the oval office in the white house. at that meeting cohen is expected to testify the former president then told him that he would reimburse him to keep stormy daniels quiet and that they would illegally call those reimbursements on those check legal expenses for michael cohen. the former president this morning coming into court saying they were legal expense. he was legitimately paying his lawyer michael cohen. that is up to the jury. the heart of the case they haven't gotten to but they are laying out the basic background of michael cohen. >> bill: some of the notes coming out of court now. describing how they would receive invoices for work that the trump organization did and oftentimes he would call to renegotiate a lower price to paraphrase. he has talked with trump every single day and multiple times a day, a quote. confirms that was pre-election thousand 16. >> dana: we have our legal analysis continuing. we add john yu to the conversation. president trump before court today declaring his innocence. >> i'm innocent. this is a political witch hunt. nobody has seen anything like it. i tell you what, the appellate division, the judges should step in. what this judge is getting away with is disgraceful, including the fact that we have 100,000 people in new jersey. they would like to show their support. >> dana: is it possible the appellate division would step in here? it is highly unusual but not totally out of the question. >> i think it is unlikely. i think what the court will do is let merchan finish the trial, get a verdict and his case is so riddled with mistakes and problems the appellate court would have to ping-pong this case back and forth repeatedly to try to fix all the errors as they went on. part of that is the trial judge's strategy here is to steam roll through the problems, the ones we've been hearing about on your panel this morning. the failure to find any kind of legal crimes that have been committed. failure to connect what happened last week with the explosive stormy daniels yesterday with the actual charges . the ambiguity of the indictment. not telling trump what the real crimes are. this will have to wait for appellate review. maybe merchan will come to his senses and acquit trump. >> dana: i just had to ask. i like to ask a smart person about it. >> bill: cohen is describing how they commune indicated with each other. trump made -- using emails, prosecutors can follow the paper trail. >> dana: not wrong. >> bill: as we have seen time and time again. jonathan turley, jump back in here because it seems pretty straight forward now like the trial has been clarified and it's been clarified to this point, it is cohen's word against everybody else. do you see it that way? >> well, we've already learned a couple of things. one is that a vortex did not open up the minute cohen took the oath and have the entire courtroom disappear into the netherworld. we can check that off. the fact that cohen is taking another oath itself was quite an attraction. and obviously he will get -- it was interesting before his testimony to watch this effort to get in the agreement of the accountant. that was such an obvious and dishonest move by the prosecutors. you have to wonder whether this judge is having second thoughts about his failure to stop this case or at least force the prosecution to be clear about it. there is nothing stopping the prosecutor from calling that accountant. the introduction of that agreement was clearly intended to suggest to the jury that they have some smoke than gun evidence. but because of this agreement they can't present it. that's entirely untrue. and so merchan was right to say i'm not going to let you do that. it goes to how this is a -- they are proving stuff not in evidence while leaving suggestions of stuff that is in evidence with the jury. so the thing to keep in mind is when the prosecution wraps up its case, the defense will stand up and make a standard motion for a directed verdict to say there is insufficient evidence to support a crime in this case. that's an extremely powerful argument because you have seen we're still debating what the crime is. even on this network you have people disagreeing as to what the theory of this case is. the prosecution is about to wrap. what the prosecution is worried about even the judge must say i gave you a shot and you didn't sink it so i will direct this verdict. i will issue an acquittal. the way they get around that is just get cohen to say this happened. that he intentionally wanted me to put -- wanted this to be a legal expense and intentionally committing fraud and trying to conceal campaign violations, even though very few people on earth would believe michael cohen, the prosecutors will argue to the judge that is a credibility question, judge and you need to let this go to the jury whether you believe him or not, that is a fact question for the jury. that's their entire strategy. as unbelievable as cohen may be, i don't think the prosecutors think he will be believable. they want him to check a box. >> bill: wow. just to quick follow on that. you are arguing that the judge is having second thoughts about previous decisions that have been made in this case and i would just add to that, jonathan, it came from the bench on friday afternoon when the judge told the state to tell michael cohen to stop talking after all the tiktoks and tweets came out. you are making a case now that the judge thinks they may have gone too far? >> i'm not saying the judge is having second thoughts. he might be. i can't imagine any competent lawyer at this point would not be embarrassed by what has happened in the courtroom. it is a disgrace this case has gotten this far. i would hope he would have second thoughts. keep in mind when he told the prosecutors to telco hen to stop the antics. why wouldn't you do that at the beginning of the trial? you were doing it the weekend before he testified. this guy has been out there with a three-ring circus going on and you haven't said a thing. then suddenly it would be nice to go through the weekend without him trolling for dollars on tiktok. >> dana: i want to call for this other sound bite from president trump and call for number two on that sheet where he talks about something jonathan said and get andy's take. watch here. do we have that? they're working on getting it. i'll set it up. he talks the innocence and rule of law. the other thing is, andy, the prosecution said something last week that was music to my ears which is that they think that their case -- they might be able to rest their case this week, okay? then we could all move on and get what's going to happen next. here is what president trump said about declaring his innocence and it is a sham trial. watch. >> this trial is rigged. it is dishonest. it is a disgrace to new york. it is a disgrace to the country. i should be campaigning now instead of sitting in a very cold courthouse all day long. this is a biden prosecution. it is election interference at a level that nobody in this country has ever seen before. this is third world country, not the usa. >> dana: your thoughts in terms of the integrity of the prosecution's office. in question certainly. i was reading the headline in "newsweek" saying alvin bragg hasn't come close to proving what he' lidgeed. >> part of why he wasn't clear about alleging it. what's insidious about this, i want people to understand, bragg is a very smart guy. he is not incompetent. it is not that he doesn't know what he was doing. he was a top prosecutor in new york state. he was a prosecutor in my old office, the u.s. attorneys office in the southern district of new york. he knows the stuff he is doing here is improper. it is a completely political case and he hit the jackpot with judge merchan. i would like to believe, as jonathan was suggesting, that maybe he is having second thoughts. but every time i start to give in to that idea, a little birdie on my shoulder says if his daughter is making tons of money as a progressive activist who does campaign work for top democrats who define themselves by their loathing of donald trump, does he wants to be the judge who throws out the case against trump? i just don't see it. >> bill: okay, guys, stand by. guys and gals, stand by. we'll go on hold for a moment. >> dana: one of the things -- michael cohen said his time working for president trump and the trump organization was fantastic. that's just consistent with everyone who has testified so far that ever worked there. they seem to have enjoyed the experience and things went south indeed. more coming up. we'll take a quick break and be right back. it's easy as 1-2-3. one: call newday and apply. two: take out an average of $70,000. three: pay off your credit cards i hear it all the time. people tell me they'd love to buy gold. but because it's gold - they think it must be complicated. it isn't. not with rosland capital. with rosland... the entire process from start to finish is built on one concept... one... keep... it... simple. rosland capital - a trusted leader in helping people acquire precious metals. gold bullion, lady liberty gold and silver proofs, and our premium coins, can help you preserve your wealth. call rosland capital at 800-630-8900 to receive your free rosland guide to gold, gold & precious metals ira, and silver brochures. with rosland, there are no hassles, no gimmicks, and our shipping is fast and reliable. remember. keep it simple. make gold your new standard. call rosland capital today at 800-630-8900, 800-630-8900. that's 800-630-8900. >> bill: all the minutia you chose to ignore, america, all right? michael cohen is talking about his phone numbers that he had in his cell phone, addresss, home numbers, fox numbers. apparently his cell phone was linked to trump's contacts. how many contacts -- how many contacts do you have in your phone? >> dana: i think -- you want to know for real? >> 1200. >> michael cohen had more than 30,000. that's a pretty long list. >> dana: how many do you have? >> bill: i will find it. contacts. >> dana: it was his job. >> bill: 2,142. >> dana: wow. you have more friends than me. >> bill: who am i talking to? >> dana: or you are just older? that's kidding. >> bill: we have our attorney panel joining the conversation. good morning to all of you. there is not a lot of new detail, i think, that's relevant. they are going over the relationship right now. charlie, let me call up this poll from "the new york times." because others were making the point earlier the longer the case goes on the higher that trump's numbers go. thee sen was making that point. this is telling when you listen to people like mark penn talk about polling. if you are at 50%, you've got a commanding lead. sometimes they take that race off the board at 50%. he is at 49 in arizona, 49 in georgia, 49 in michigan. 50 in nevada. keep in mind our georgia state polling at fox is 50 or above for three months' time, charlie. >> yeah, i'm always skeptical of horse race polls this early in a campaign or actually at any point in a campaign because i'm always suspicious of them. what's interesting here is the movement. you can always trust the movement. those numbers have been moving in trump's direction the longer and longer they do this to him. and because this whole thing really is political. if you watched the rally in new jersey, a state that is a deep blue state surrounded by blue states as deep a blue country as you can get and trump and trump had 100,000 supporters. it sent off shock waves in politics. democrats who work are freaking out right now realizing that is not going well. >> dana: compare it to the wawa when president biden went and the campaign staged that event for him to go to wawa and knowed was inside. >> the few people who spoke to him didn't have nice things to say to him. the worst thing. a rally with 100,000 people. barack obama had some big rallies, but barack obama never had a rally this big eight years after he was first elected. it has been eight years since donald trump was first elected and he is still -- this guy has staying power in politics. this guy is next level when it comes to politics. and democrats are terrified of facing him in an election. they have no choice but to pull these ridiculous antics and i love something that andy mccarthy just said and hadn't thought about this. judge merchan, not only does he -- obviously this whole trial is ridiculous, absurd, and even if you accept the prosecution's premise of all of it, they aren't making their case. think about the -- the flip side of this not only is he pursuing the case but also doesn't want to end the case. he doesn't want to be the thing that delusional democrats who think it will work, he doesn't want to be the bad guy that says it's ridiculous and pull the plug on it and have the last democrats in the hill still fighting this ridiculous fight. people see through this and it is benefiting trump and backfiring and so delicious to watch. >> bill: one thing to add. it is not apples to apples. four years ago trump had a rally in wildwood at the convention hall with 7400 people show up. 12,000 total trying to get in. they couldn't get everybody in. same location, same town. this was a whole different venue, on the beach. it was cold and the wind was blowing. we were told that the venue can hold 30,000, no more than 40,000. the campaign saying they had upwards of 100,000 people there. nobody has denied that. it is safe to say whatever the number is in the end -- >> dana: you can see it in the video there. one of the things we're seeing, jonna, don't just take it from people who might lean donald trump's way. listen to this person. he is at cnn. >> trials against him keep him in the spotlight. infuriate his base and may serve to make him the object of some sympathy among people in general who believe that his prosecutors are politically motivated. this happens to be true. i doubt the new york indictment would have been brought against a defendant whose name was not donald trump. >> dana: in the beginning you have said that is what has offended you so much of about this entire thing. >> a great talking point but it goes deeper than that. people not fans of donald trump should be looking at this prosecution and saying to themselves this scares me because if they can do it to him, they can do it to me, my husband, my wife, my brother, sister, anybody. we have to put a stop to that. one way to put a stop to that is take a stand against this. i want to echo something the others were talking about. i would not be surprised in terms of judge merchan if somebody hasn't filed complaints with the committee on judicial conduct complaining about the fact that he should have recused himself. complaining how he is handling this trial. if that is happening behind the scenes the judge could get a knock on his door and investigation could be underway apart from what's going to happen at the appellate level if we get there. that could be one reason why he is tempered himself ever so slightly and we're all noticing it. >> bill: cohen was asked if he knew david pecker and said yes. he was asked whether or not they would use pecker to suppress stories about trump prior to 2015 and cohen says no. so why don't we leave that there for a moment. john, we have not forgotten about you. stand by. you are not alone out there. we'll get to you and others when we continue right after this. 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majority of voters in georgia, michigan and pennsylvania all said no, 52%. in other states there were often more voters who said no than who said yes. so right now voters are inclined to play down the results of this trial. we're not even there yet but it indicates that whatever the verdict, if trump is convicted, a large number of voters are going to dismiss it because they don't think it was fair. >> dana: he spoke a little bit about "the new york times" poll that came out right before court. take a listen to this. call for number three. >> "the new york times" just came out with a poll that shows us leading everywhere by a lot. the cover story. i think you will find it very interesting but i'm sure you have all read it. leading in wisconsin, pennsylvania, arizona, michigan, georgia, nevada. nevada we are leading actually by 12 points, which is generally a democrat state. i think we're probably leading in new jersey. we had a rally over 100,000 people this weekend. >> dana: byron, one of the things you wrote about in your newsletter today is both daniels and cohen have credibility problems. there is just an extreme animus against president trump but also their character has been at question in this situation as well. >> absolutely. both have enormous animus against the president. stormy daniels testified she hates him. that is just pretty clear. and if you listen to a lot of the pro-prosecution, anti-trump commentary we've had. a number conceded cohen has serious credibility problems and that's why the prosecution is presenting so many documents. so that they can prove the case with the documents and then say to the jury well look, maybe you don't believe michael cohen but here it is, all proven in the documents. the problem was and andy and jonathan will speak about this with expertise, the problem is the prosecution has not proven it with the documents and now it all really does depend on the credibility of michael cohen. >> bill: okay, a bit more now. barry levin and dillon howard who were employees of david pecker, january of 2016, remember where you were in january of 2016? >> here. >> bill: january of 2016. so they sent a note to cohen in an email that said our readers can't get enough of trump. we're adding additional material of a positive nature and goes on from there. back to turley and mccarthy, urbahn says a lot of the testimony had already been testified to by david pecker. a lot of it is not new for this trial. i don't know, does it make a difference, jonathan, if the words come from michael cohen or can we say something like that just yet? >> no, i think a lot of this, like much of the case, is to go through the motions of presenting a case. the prosecutors are proving a lot of facts not in dispute. so they want the jury to see them introducing documents and getting statements as if they hold some weighty meaning but they don't. this goes to what byron just said. they keep on referring to these documents. the documents don't move the ball. the documents show an nda and a payment that's not in dispute. they are not unlawful. they are not unlawful as a federal campaign contribution. the prosecutor is trying to sort of build up all of the introduced documents as if they form some type of mosaic. the thing to watch most carefully, i'm speaking as someone as a criminal defense attorney, is look at the witness to see if there is a jump scare in all this. cohen has to go beyond what he has said previously. he can't just refer generally to some hush money effort here. he has got to stick the landing on these elements and say that trump was aware that we were hiding the purpose of these payments. that he was trying to commit fraud. that he was trying to intentionally hide another crime. he has to say those things and he can't be ambivalent or ambiguous. he has to say it straight out. but if he does that, that degree of clarity has not occurred before. so when you have a jump scare like that that comes out, it creates for the defense a follow-up argument is where did this epiphany come from. suddenly you have specific recollects. did you have them before? cohen has been interviewed by the feds, the state, by congress. he has testified on numerous occasions. this is well tread ground for him. >> dana: andy, one of the things that you pointed out in a text, i think it is good for the audience to hear. it was music to my ears when the prosecution said they might be able to rest the case this week. we're getting closer to a conclusion. then you reminded me why the prosecution doesn't think they have to go into another week. >> dana, they had to streamline last week because stormy daniels' testimony was so improper, so blatantly not addressing the actual issues in the indictment, that a mistrial motion was made and the judge, who actually had a allowed all this evidence in, took to task the defense lawyers for not objecting more when, in fact, they were just adhering to his ruling that her testimony could come in. i think they realized they were in a red zone of trouble here and on the fly decided to streamline their case in which they were planning to call karen mcdougal and basically do stormy part two, which would have taken another week of trial time. i think the reason that they suddenly announced last week that they were almost out of witnesses now, we have cohen and maybe one other one, is exactly because this case is built on a lot of prejudice and a lot of what byron and jonathan just referred to as kind of the illusion of corroboration without any actual proof of what they have to show, which is fraud. >> bill: i mentioned january of 2016. now we are going back in time to the fall of 2015. they are asking cohen about the story that a door man in new york city apparently talked to him about, about trump having a love child and when he presented this to trump, apparently trump said quote, you handle it. so they are on that right now and we are on a commercial time-out. we'll have more right after this. n homeowners need cash but worried you can't get a home loan because of your credit? 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>> dana: right. so that's where we are. paul mauro, we have you heard with us still and for all of the what we've heard so far about michael cohen's testimony, your thoughts are we're underway here. we have 12 minutes left until the top of the hour. >> first of all i spent 25 years pitching cases to the manhattan d.a.'s tell you. if i had walked in with this caper they would have thrown me out. i can also say this, let's take it down to the street level. what the prosecution is attempting to engender in the mind of the jury is simple. you can throw a lot of the legal stuff out the window. how it works sometimes in new york supreme. donald trump got mixed with up unsavory people when he ran for office, he tried to cover it up. that's the narrative they want. whether or not it's valid or not. legally it's full of holes we know. that's what they want. what does that mean? it means what will be really dispositive here is going to be the judge's charge to the jury. that's what is coming up soon, right, after the prosecution, if the defense doesn't put a case on, donald trump doesn't take the stand, unlikely, the motion to dismiss, which is what will come after the prosecution case, merchan doesn't go for it, you can have an argument before the summation between two sides. the two sides are all going the try to frame the judge's charge to the jury. if merchan in this instance makes a point that an nda can be illegal under certain circumstances, bad sign for the defense. right there is a real threshold a pinch point. how he frames the nda going into the deliberations will be crucial. it will be a chance for merchan to put his final stamp on this as it goes into jury deliberations. we'll have to watch out for that. that's the next big drama point. >> bill: jonna spilbor join the conversation. the doorman story turned out to be false and they knew it because they hired private investigators to figure it out. six years ago stormy daniels with bill maher, watch here. >> it is not a me too case. i wasn't assaulted or attacked or raped or coerced or blackmailed. they tried to shove me in the me too box for their own agenda. i didn't want any part of that. i'm not a victim in that rarity and it is not the truth. >> it is not a me too case is what she said at the beginning. time the stormy daniels was on the stand seven hours and 30 minutes. jonna, michael cohen could be there two days, three days, a week? what do you think? >> yeah, he could. i want to talk about something that the elephant in the room that we are pretty much not spending enough time on. whatever happened to the attorney/client privilege? there is very limited exception to that. even though michael cohen is no longer a lawyer, the privilege doesn't go away when you lose your ticket to practice law. the privilege dies when you do. but now he will get up here and talk about his entire legal relationship with a client on the stand. most of which has nothing to do with this particular case. background, etc. , etc. >> bill: why don't they object then? >> good question. the strategy he is going to try to employ, the i'm sorry now and will tell the truth now isn't going to fly when they start showing his entire tiktok campaign. if he were a churchgoer and saving puppies and living a respectable, law abiding life maybe the strategy would work. when he is trying to make a buck off of donald trump and their prior relationship and it is sickening. >> dana: are we taking a break? 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(laughing) call 1-800-miracle to schedule a free hearing evaluation and start your risk-free trial at miracle-ear today. >> dana: we're nearing the top of the hour. jonathan turley, michael cohen has been on the stand for an hour and a half. where do we stand as we round out the show? >> i have to confess, i believe that this day is truly going to go down as a day of infamy for the new york legal system. watching this unfold in that courtroom as a lawyer is really deeply disturbing. it is not just that you are relying on a serial perjurer, that can occur. but it is in a case we're still not certain what the theory of the crime is. but you are also going to have a disbarred attorney turning to the jury and asking them to send his former client to jail for his legal advice, for following his legal advice. and the way that they are doing this is they are introducing lots of documents that don't establish anything that's being contested. and they are leaving all types of suggestions of federal campaign violations and untoward activity. they haven't thus far stated the elements of any crime. so he is going to have to stick that landing soon. he will have to say with absolute clarity that president trump knew that he was committing fraud in order to hide a crime and what that crime is. and that when they put this denotation down as federal expenses it was part of the fraud. but they already have prior witnesses that have made the case for the defense, including an accountant that said if we pay michael cohen something as the lawyer it will go down as a legal expense. so michael cohen has to be the virtual entirety of this case to avoid a directed verdict. that's what we're waiting. we're getting to that point now. >> bill: we're waiting how they come off the pommel horse and the high bar and stick the landing. to jonathan, andy, jonna, john, byron, marc, charlie, whoever else and paul, thank you. paul mauro, who is 24/seven, we have to run. our coverage continues with harris in a moment here. i will head down to the courthouse. a tough ticket to get. i will get the opportunity to take advantage of it and let you know what i see and hear throughout the day and into the evening hours when that happens. >> dana: coverage all day. breaking news and "the five" this afternoon at 5:00 p.m. eastern. harris faulkner will take you through the next hour. here she is. >> harris: and we begin with this fox news alert. our continuing