Thank you martha. As he indicated the jury has just been dismissed and now we wait for President Trump this after Michael Cohen undergoes a grooming crossexamination and as you put it it was tough for the guy tuesday. This was super tough today. What will he have to neil say about it . We know he wants to speak and will speak momentarily and we will take you there live when he does. Welcome everyone im neil cavuto happy to have you. A lot of big news to tell you about including some records made and all of a sudden unmade. But first outside the courthouse today latest on what went down today. Nate. Reporter Hey Neil The Court is over for the day, at least the jury has been brought out. Still dealing with a couple things we will talk about momentarily but the crossexamination of Michael Cohen will stretch into next week, at least monday. You mention an intense day in court at the end of court today. Cohen acknowledged he never had a Retainer Agreement while working for former President Donald Trump which is important because that was stressed during his direct examination. Trump attorney taught blanche also accused him of Lying Under Oath today. And claimed he told trump the Stormy Daniels deal was done through a phone call with the head of security but texts show instead cohen instead wanted to talk about harassing phone calls he received. Cohen now says both conversations happened in the same phone call that lasted under 2 minutes. Blanche also asked him about removing a blog post. Somewhere keep it in 2011 about the election a between trump and daniels. Cohen said the first time he heard trump complain about the story, trump said according to cohen, his family wasnt going to like that very much. That is important because prosecutors argued that trump later suppressed the daniels story to influence the 2016 president ial election trump denies ever having an affair with daniels. Cohen is the prosecutions final witness. Earlier today trumps lawyers asked him about the multiple times he lied under oath and federal prosecutors. Moments ago neil they talked about the nda daniels signed. Cohen looked at it and admitted its a legal contract. Again the jury has walked out the courtroom but right now lawyers for both sides are talking about an Expert Witness that trumps team on stickle. They are going over the parameters of the possible questioning and it comes as there is speculation about possible testimony from bob castillo who cohen consulted with in 2018 before reaching a plea deal with federal prosecutors. Coastal coastal testified yesterday and told fox this morning that collin is lying on the stand again. Meal. Neil hes the Expert Witness in addition to possibly featuring costello . Reporter so, prior to his testimony on capitol hill, trumps attorneys had planned on calling an Expert Witness. We dont know the name of the witness, it has not been released. So those plants have been a motion since before costellos testimony. Its possible that it is costello and that he was part of the plan all along. He did speak with the grand jury as part of the investigation so we will have to weight and sea. But it appears there are 2 separate people, again is not confirmed. Neil thank you for that nate. But thats not Andy Mccarthy former u. S. Attorney. Anti, what did you make uptodate . I was making a reference to the tuesday, blistering backandforth, you know, crossexamination of michael cole and. But this seemed to make that look like pattycake. How do you think it went . They had an embarrassment of riches to go after cohen in terms of his credibility. You have a guy who is a Convicted Perjurer Who at federal judge a few weeks ago found that hed committed perjury the second time, either in testimony he just recently gift or if you can follow this, i know its confusing but when he was pleading guilty to fraud and tax evasion. So by the judges account this is a perjurer who committed perjury about his front. So, you know, when its that hard just to even explain it in a thumbnail sketch like that, you can imagine for taught blanche who is doing the questioning there is a lot of material there and he made as much use of it as youd expect expect him to. I would just add neil to nates report, prior to the beginning of the trial, the trump team wanted to call, they told the court they wanted to call an Expert Witness named brad smith used to be on the federal Election Commission and would give the jury Accurate Information about why Nondisclosure Agreement Payment or not federal campaign expenditures. Are not. I would expect their fighting over that and the judges pushing back. Bob costello would not be an Expert Witness, you would be a fact witness with respect to cohen. Neil let me ask you a bit about costello. He was Michael Cohens first lawyer. Essentially he spoke his mind and he is different with the way he was treated, this is him earlier. Basically they only put in a small Cherry Pick Group of females. Are presented maybe 2 to 300 emails and text messages. I have been with me in chronological order. They put 2 or 3 into evidence p. I asked if they would put the rest into evidence and they said no. Neil if you are the prosecution fact you want to hear from that guy . If you are the defence do you want to hear from that guy . Based on what he said yesterday and while bob solow said today that what his testimony would be would not be beneficial to the prosecution. I believe he said that the prosecution did not include all of the emails because they would have hurt the prosecutions case. And he is being very clear in saying i asked them to put these emails and cow they tried to Say Something about hearsay, theres a exception to the hearsay rule so that didnt apply. He said to me it seemed like they were interested in having the whole truth laid out for the grand jury. So he told the grand jury please ask for more of my records, you will get the truth here and he said when that really hasnt happened and the District Attorney continues to proceed with the case, is standing up and is speaking and telling his side of the story and we will sea if he testifies for the defence in this case. But i dont believe the prosecution will call him, they havent yet. They cant now. The defence would have to call him and the defence would call him if they feel they need that extra pack if they feel they need witnesses. And may determine after this long weekend, you know, the prosecution has improved their case and we will just rest. We will see. Neil let me pursue a bit about the strategy here. It seems obvious and respelling at out that cohen has this long history of lying. 1 after another pack perjuring himself. Its landed him in a heap of trouble yet this is the gentleman they are trying to prove the Youth Criminal Conviction based on his work and it cant be relied on. So therein lies the rub right . Thats exactly right meal. Relieve the basic decision is do you bring this case because if you decide to bring this case, he is an essential witness. Its not like heck you would ask yourself if there were like or 5 different ways to do this, cant we figure out a path to get to the end without having to rely on michael cole and . But they cant, he is an essential witness. I think what were seeing is why for example the Southern District of new york back the puzzler federal prosecutors there who had this case first decided to punt on it basically they would reject it and never pursued it with respect to former President Trump. You cant do this case without Michael Cohen just like quickly cohen is the only witness by his own account to a january 2017 meeting in which there is a discussion of how the payment for the Stormy Daniels reimbursement of the nondisclosure agreement, how those would be booked on the trump record. Use the only witness if Alan Weisberg is not going to be called and you have to do this with cohen. Theres no getting around it. We are waiting to hear from donald trump who promised he would have something to say when he left the courthouse which could be any second. I want to bring uptodate on what happened earlier today. 10 31 am not too far from this courthouse that was the exact moment the dow crossed 40,000. First time its ever done that. In case youre keeping track its now up about 6 pack s p 11 and nasdaq 11 . To put this in perspective, the dow is now essentially doubled from where it was around this time back in 2020. Its gone up about 45 since september 2022. 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I. impressed ay i like it who wants to come see the future . get your Business Online in minutes with godaddy airo looking at the New York State Supreme CourtLower Manhattan of course still waiting for donald trump here but it was a day they put the focus on Michael Cohen and his testimony. How unreliable a witness he would be to that fact he is a known liar and the questions that were directed at him and couldnt playing off of comments he had in the Podcast Audio played from a podcast where he thinks the da pin says picturing donald trump being led to the Booking Process fills me with delight. He also speaks more quickly in the podcast with a good deal of excitement about prospects for donald trump that might not look good. Again the key here for the defence is to try to prove he had a zealous hatred for donald trump even though there are some indications that was taken too far and was personally going on a vendetta campaign. A question his reliability as a witness as well. Separately we are learning donald trump not only when he speaks, he is trained to get that gag order lifted. On Appeals Court would not let that happen and he is now going to try to make that happen. Right what are the odds he will succeed . Thank you neil for having me. I have said it before and i will say it again, the gag order is a tool, the mechanism of last resort in order to protect the defendant and secure a fair trial. Its rarely, of ever applied to the defendant. Ive never seen it. Its never applied just to 1 side. So the irregularities around the gag order i think highlight something so to have the can about the judge in this case. And this isnt being talked about pack the judge is also ignoring or will fruit woefully ignorant about several rules of evidence. Wants been allowed and is not just reversible, but its a direct violation of several rules of evidence in order to ensure that the trial is fair. If you are in Donald Trumps shoes, if you dont like them or not, how can you sit there and feel like youre getting a shot in the administration of justice and the opportunity to acquit yourself. Neil so the question than becomes has he been dinged enough watching us all play out they would question almost everything he has said . Thats the goal of the defence right . Yes. Ive not had a witness, i put on the stent or crossexamined on the stand that was more dangerous to my case as a prosecutor then Michael Cohen. And it is beyond me how anybody you would have to not care about a victory, not care about doing justice. You have to care more about really wanting to dirty up the target of your investigation and prosecution in order to put that key witness, some like Michael Cohen on the stand. Its a case i would say 99 of prosecutors out there would decline to bring it into 90 and scent arco judges out there wouldnt allow this to go to the jury. They would issue a direct verdict. What you think happens next . Maybe another witness, the defence can always surprise you and call so when you might not think of. What do you think of . Its interesting because i will tell you, i know why the judge would not want to let brad smith and. They find themselves in a position as a judge of being the only ones to convey what the law is. Fist not surprise me that this judge did not let brad smith testify. I thank the defence needs to be more creative. Would call the fact witness, some of the investigated the Election Complaint and bring them in and put them on the stand because the judge is more limited in allowing that to go to the jury and sohn who comes in as an expert on legal matters. Neil so in a prosecution redirected that were to happen monday pack what you expect of that . I thank the redirect is, what you want is the best lost word. You do want to try to rehabilitate Michael Cohen but neil i think we both know there is no level of rehabilitation that will occur. So the best lost word is going to be something that strengthens the result of many jurors that a crime did occur. Theyve got to go back to what the elements are that they have to prove and the need to try to garner testimony from colin that hits at those elements and gets a jury to say okay, you know, regardless of how unreliable he is, im going to agree with them. Thats dangerous because you still have crossexamination coming up. If they dont do a good job on redirect after and if they dont rehabilitate him they will lose more jurors. Neil i am wondering what you expect to hear when trump uses these moments to say this is a sham and its unfair, he has the support of a lot of congressmen and powers that be in washington to sort of do the thing he cannot do. They are not gagged and they can say whats on his mind right . Its true but i really think there is something that happened in their, neil, that have never seen before and is vary substantial. That is that the judge ruled on the scope of the crossexamination, if donald trump takes the stand and i think he did so in a manner that violates his right to not take the stand. In essence, the judges saying im going to prevent you from testifying on your own behalf by the ruling and creating. Its interesting. Neil we are going to hear from him right now to rehang in their life and. Now to the present. Testified thank you very much. I think it was very interesting day, a fascinating day. And it shows what a scan this whole thing is. I think it seems to be the way almost everyone even cnn and msnbc they have mentioned to drop the trial. But not of even charge this case, it should never have been started against me. There is no law against this, there is none. Every company has it. Protecting your family or any other reason, nondisclosure, and he is. When the show trial against donald trump is a gross abuse of power and its a disgusting spectacle. It terrifies all of us and thats true. Jonathan turley fox news failing to protect the rights of the defendant in requiring clarity. Trump did not violate federal election law at all. I didnt violate any law. Its a scam. Cannot prosecute federal election law, its not within your jurisdiction. As you know this was started a long time ago. That should have been brought 7 or 8 years ago. They didnt do it because it was in the middle of the election and especially when were leading in the poll. Its a weird situation when the judge allows prosecutors to refer to Election Violations and as you know the federal elections looked at it and they didnt bring anything. Andrew mccarthy pack ndas are legal and common. Ive known illegal nda. It seems trumps crime was winning the election. That was my crime fact i want an election i wasnt supposed to win against hillary clinton. And this not a crime. Reich wants to prosecute room for federal Campaign Trial something he has no jurisdiction this from andrew mccarthy, highly respected. Hes got no jurisdiction to do and the defence who does have jurisdiction decided not to do it, not to charge. They decided not to do it. They looked at it and decided not to do it. And bragg didnt want