Transcripts For FOXNEWSW Americas 20240703 : comparemela.com

Finished Cross Examination from alvin braggs office. Welcome to a new hour of americas newsroom, im dana perino. Bill im bill hemmer. He is off the state is done with his questions. Who is robert costello, right . He is telling the jury the shame bombshell claims he told to Congress Last week and told us, too, on our program. I think he was with martha as well. Who is he . Former Legal Advisor to Michael Cohen, from new york. He had a falling out partly due to alleged outstanding legal bills which there were many, formal federal prosecutor and defense lawyer. Costello is on the stand yesterday saying Michael Cohen said numerous times that President Trump knew nothing about those payments, that he did this on his own and he repeated that numerous times, okay . We reported on that many times. He has said that on television the last week many times. So here we go. Go ahead. Dana what we can show you a little bit of that from costello. Watch here. I probably came back to this subject ten or 20 times during the twohour period. Every time i brought it up, every time he answered i swear to god bob, i dont have anything on donald trump. I decided i have to make it known to both the defense and the prosecution what the real story is, who this guy really is. So i provided all this material to Donald Trumps lawyers and i provided it to the manhattan d. A. s office. Dana all right. So costello is longstanding lawyer. He has a lot of personality, a lot of character. A lot of experience under his belt and he said that even at the grand jury he was not allowed to say things that needed to be said for the truth to be out there. He made a public case to be called as a witness. The Trump Defense team decided to do that and the judge and costello are like oil and water, folks. They do not mix well together. Bill so the Cross Examination is over. Redirect now begins. I would imagine a lot of these questions that were cut off when costello repeatedly said would you like me to explain myself and the states lawyer said no, her another attorney for donald trump will handle the redirect as it gets underway. I would imagine he come back to the same points to allow him to explain what he was trying to say at that time. Dana bret baier is with us. Anchor of special report. You walked into court saying this is a Kangaroo Court and had this from him if you could pull up call for number two. He talked about this city. And how he feels about it. Watch here. I love new york. This is where i grew up. I was born here and i grew up here and i see what is happening with this judicial system and it is just all kangaroos, we cant have it. I think the Appellate Courts can take care of a lot of things. This shouldnt even get to an appellate court. This should be an easy ruling. I think it would be great for judge merchan to rule from the bench and determine this is a witch hunt. Dana it doesnt look like it will happen. Were still a week away from Closing Arguments in this case. Which is really surprising. Good morning. I think that first of all, you are getting closer to the actual case going to the jury because they are new yorkers and i think the former president is just making sure they know he is a new yorker, too. And i also think that there is probably 0 chance that the judge does a direct order to dismiss. But there are definitely legal experts who look at this and say he could based on what theyve seen presented so far. I think its easy for the jury to understand the difference in how things are handled with Stormy Daniels testimony going down all kinds of Salacious Routes and the testimony of costello where he was interrupted from presenting. And the biggest, i think, egregious thing the jurey wont know about is the witness not called, bradley smith. The fec expert who really had some specifics that the jury could use to get to the heart of this matter. He will not be heard from. Bill yes. And last hour we were talking about the implications of a conviction and matt bennett was on. He is suggesting the polling suggests it could really hurt trump. I dont know if it could or not or if anybody can make that leap yet. You have to understand how it settles in. I tell you, bret, for a trial of a former president that is getting so much attention on cable news and throughout media, i think its rare where you find a story where so many people say im not even watching and im not even paying attention. I dont know what that means. I guess well figure it out in time. Yeah, listen, i think they paid attention from Stormy Daniels and the Salacious Stuff was out that day. Im not sure how much they are paying attention to going into the weeds of what the actual crime is here. And how this judge delivers the instructions to the jury is really the part of this case that matters. It is how the jury makes the determination, what they are instructed to do. And i do agree with you, i dont know how the politics is going to fall but this moment, if he gets a conviction, does change some element of this election. Dana we have some idea how it is falling if you look at the april fundraising numbers, call for 15, folks, trump raised 76 million to bidens 51 million. Over the weekend politico detailed the finances of both campaigns and that overall biden does have a lot of money but if you just look at this case Getting Started and how it is going for democrats, if you are looking at support for the president , it is not going down. It seems to be going up. Then you have this Bold Decision by President Trump to try to grow his support and he will hold a rally in the south bronx. Well today biden is going to New Hampshire for electoral votes and massachusetts. To me it shows a political posture outside of this trial means that trump knows that he has got biden on the run. I agree with you when it comes to polls. There are places like minnesota that is really close, virginia. They are expanding the map, the Trump Campaign is. What i was saying we dont know the implications of the word conviction. Dana true, of course. How that makes independents and suburban women feel. We do understand now that a lot of people think he is, you know, on the back side of an unfair process and he is telling that every day when he gets to the microphone. If he is acquitted and either is a hung jury or a jury comes back not guilty i think there will be some wind in the sails of this campaign as far as saying we are going to go out and talk about issues and they will have something that voters really care about. Bill an observation. Reading through emails, these are our colleagues, yes, but i also respect their views and they are steepedinlaw. They know what they are talking about. Bret, across the board they are like this judge is not being cool to the defense. This judge essentially is not being fair and wow, i mean, from my observation, throw turley in the mix, too, this is a unanimous decision based on some of the legal experts were listening to on our network. You look to Alan Dershowitz said the same thing and he was in the courtroom. Others have said the exact same thing. There is all kinds of elements here that open themselves for appeal if you got to that. But how the judge acts is a big deal. I do think that the brad smith blocking that testimony is a big deal. He was going to testify and tweeted out that if these payments were considered Campaign Expenditures they wouldnt be listed with the fec until mid to late december, well after the election. There is all kinds of things that factor in here that would be exculpatory and really helpful to the defense and they are not hearing it. Dana there was somebody on x said this is a trial that happens when you have prosecutors that bring charges based on watching left wing cable networks. And i do think on the politics, for me it seems preposterous. I listen to turley and mccarthy. Trump did it a little bit yesterday but you could read off legal commentators from the left saying that this case is not going well for the prosecution. And you would get to a point where you think this does seem unfair and then you have all the issues we know that people actually care about, economy, etc. To your point that we dont know how it will affect him, the votes, i also wonder just based on what you know how would it affect President Trump himself . To me thats like injecting fuel into him. If he were to get convicted it is not like he will go back to maralago and hide in a corner. I think it is going to fuel him even more. Yeah, sure. Yeah. He does see this as, you know, fuel in his energy to be able to say listen, im getting attacked here in this law fare situation. He says it every day and he says it on the stump. I think when he talks about this and then bounces to issues people care about, it is powerful. This is not about me and this courtroom. It is about you and the american people. Those things when he makes that turn is a powerful thing because people do say i care about what the economy looks like, the inflation, crime, border, and i really dont care about this particular case, at least what they tell pollsters. Bill Andy Mccarthy will often say is undefeated on the law. No one would disagree with that. If you want to understand a complicated legal matter go find what Andy Mccarthy writes every day. He just wrote, this is mccarthy, unreal. Trumps lawyer bove goes back to the email that the states lawyer asked about, the states lawyer objects beyond the scope of the cross. But he says it was the scope, in all caps. Merchan sustains the objection. Just to the point from before man if the state is looking for a break in this, this judge seems to be giving them a lot of rope. A lot of leeway, 100 , bill. And very different scenario to what the defense has been able to do or the witness costello when he was interrupted numerous times by objections that were sustained by the judge and then the courtroom was cleared and the judge said are you giving me side eye . Thats right in front of the jury that interaction between the judge and a defense witness. Thats different than the leeway was given Stormy Daniels and Michael Cohen. Gowdy, he had the comment about the strike zone has to be even for an umpire. He says judge merchan is the size of a gnats cotton ball right out of South Carolina. He loves the word sustain when the defense is questioning its witnesses. On and on it goes, bret. Thank you for coming on and well see you at 6 00 today. Dana when we hand it over to you. Bill well let you know what happens next when it happens inside that courtroom. Back in a moment. He is looking to make money and he has been making money. He has a podcast, which is ironic. It is latin that means through my fault. It is through his fault that were all here talking about this subject. Youre the first to know when high rate debt is stressing your budget. But your familys service has earned you a big advantage. The va home loan benefit. With the lower rate newday 100 va cash out loan, you can pay off high rate credit cards and car loans. Thats real money you can use to take care of your family and home. Theres an old saying in the navy that the toughest job in the navy is a navy wife. And if youve made the deployments and youve been the wife at home, or youve been the spouse at home, you understand what im talking about. Your spouse has earned the right to apply for a va home loan. The newday 100 loan allows you to borrow up to 100 of your homes value. So if youre in a situation where you need some help financially, give us a call. Choosing a treatment for your chronic migraine 15 or more headache days a month, each lasting 4 hours or more can be overwhelming. So, ask your doctor about botox®. Botox® prevents headaches in adults with chronic migraine before they even start. Its the 1 prescribed branded chronic migraine treatment. So far, more than 5 million botox® treatments have been given to over Eight Hundred And Fifty Thousand chronic migraine patients. Effects of botox® may spread hours to weeks after injection causing serious symptoms. Alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or Muscle Weakness can be signs of a lifethreatening condition. Side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. Dont receive botox® if theres a skin infection. Tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects. In a survey, 92 of current users said they wish theyd talked to their doctor and started botox® sooner. So, ask your doctor if botox® is right for you. Learn how abbvie could help you save on botox®. I hear it all the time. People tell me theyd love to buy gold. But because its gold they think it must be complicated. It isnt. 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 8006308900 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 8006308900, 8006308900. Thats 8006308900. Bill we have action, we have action inside the courtroom. The defense has just rested its case and donald trump will not be called as a witness in his trial, all right . Defense rests. Jury has been dismissed until next tuesday. Dana unbelievable. Bill enjoy your long Memorial Weekend. Dana i cant understand that. Bill they live in new york, right . Memorial weekend in new york city is considered one of the biggest getaway weekends of all time. Dana make them do Closing Arguments tomorrow and force them to have a decision by friday. Bill the point im driving at is you think these people arent going to watch the news . You think they wont log on and read something about this, that or the other, or go out with friends or Family Members and you know friends and Family Members, the close ones know what theyve been doing for the last ones. Not that big a secret. Off we go and down we go to Jonathan Turley for his initial reaction. Where are we, professor . Hello again. Hello. The final day of testimony really highlighted many of the concerns that the defense team has, including some rulings from judge merchan which frankly are disturbing. I said yesterday that i didnt quite understand the basis for some of his decisions. They seemed to me manifestly wrong. Today that was an even greater problem. For example, the judge allowed the prosecutor to Cut Off Costello when he was trying to explain the meaning of a statement. And when the defense came back and said you were cut off. What were you trying to say . The judge sustained an objection that it was beyond the scope. That is crazy. He was trying to explain the meaning of what the prosecutors had just quoted. And to some extent it makes you concerned. I remember there was a louisiana judge that was notorious for turning to the defense and saying is the defense ready to present it case and the prosecutors and say are we ready to present our case . There is a line at which the judges rulings become so disturbing that even some of the jurors may pick it up. So the concern for the defense now, as you just alluded, is that these people will go back to the world. They will go back, not sequestered. Going back to their neighborhoods and subject to watching television but also going to be talking with their neighbors and friends in new york, donald trump is widely disliked. And they will be going back to that environment and the question for the defense is, is it going to make it more difficult for them to be the holdout jury and say i dont see where the crime is there. Dana im the captain of dumb questions. The jurors, they themselves are allowed to go back to work today, right . Yeah, they are not sequestered under any limitations. They are asked to avoid the news. But it is pretty hard to do that particularly in new york where you will be saturated by this trial. Dana my other dumb question, so the issue of brad smith, federal Election Commissioner who was willing to testify and the judge said he cannot testify and he would be somebody who could explain election law and he did this long post on x instead, does the jury know that he wasnt called and if they dont, can the defense bring this up in their Closing Argument next tuesday . No, they will be under strong limitations. The jury probably does not know that they had this witness ready to testify on the election issues. The problem for the defense is that the judge curtailed his testimony so much that his testimony might actually reinforce the prosecutors only in the sense that since he would not be able to explain that there is no Election Violation here, he would just sort of reaffirm that this is a core issue in the case. What smith was going to say is that there is no Cross Examination<\/a> from alvin braggs office. Welcome to a new hour of americas newsroom, im dana perino. Bill im bill hemmer. He is off the state is done with his questions. Who is robert costello, right . He is telling the jury the shame bombshell claims he told to Congress Last<\/a> week and told us, too, on our program. I think he was with martha as well. Who is he . Former Legal Advisor<\/a> to Michael Cohen<\/a>, from new york. He had a falling out partly due to alleged outstanding legal bills which there were many, formal federal prosecutor and defense lawyer. Costello is on the stand yesterday saying Michael Cohen<\/a> said numerous times that President Trump<\/a> knew nothing about those payments, that he did this on his own and he repeated that numerous times, okay . We reported on that many times. He has said that on television the last week many times. So here we go. Go ahead. Dana what we can show you a little bit of that from costello. Watch here. I probably came back to this subject ten or 20 times during the twohour period. Every time i brought it up, every time he answered i swear to god bob, i dont have anything on donald trump. I decided i have to make it known to both the defense and the prosecution what the real story is, who this guy really is. So i provided all this material to Donald Trumps<\/a> lawyers and i provided it to the manhattan d. A. s office. Dana all right. So costello is longstanding lawyer. He has a lot of personality, a lot of character. A lot of experience under his belt and he said that even at the grand jury he was not allowed to say things that needed to be said for the truth to be out there. He made a public case to be called as a witness. The Trump Defense<\/a> team decided to do that and the judge and costello are like oil and water, folks. They do not mix well together. Bill so the Cross Examination<\/a> is over. Redirect now begins. I would imagine a lot of these questions that were cut off when costello repeatedly said would you like me to explain myself and the states lawyer said no, her another attorney for donald trump will handle the redirect as it gets underway. I would imagine he come back to the same points to allow him to explain what he was trying to say at that time. Dana bret baier is with us. Anchor of special report. You walked into court saying this is a Kangaroo Court<\/a> and had this from him if you could pull up call for number two. He talked about this city. And how he feels about it. Watch here. I love new york. This is where i grew up. I was born here and i grew up here and i see what is happening with this judicial system and it is just all kangaroos, we cant have it. I think the Appellate Courts<\/a> can take care of a lot of things. This shouldnt even get to an appellate court. This should be an easy ruling. I think it would be great for judge merchan to rule from the bench and determine this is a witch hunt. Dana it doesnt look like it will happen. Were still a week away from Closing Argument<\/a>s in this case. Which is really surprising. Good morning. I think that first of all, you are getting closer to the actual case going to the jury because they are new yorkers and i think the former president is just making sure they know he is a new yorker, too. And i also think that there is probably 0 chance that the judge does a direct order to dismiss. But there are definitely legal experts who look at this and say he could based on what theyve seen presented so far. I think its easy for the jury to understand the difference in how things are handled with Stormy Daniels<\/a> testimony going down all kinds of Salacious Routes<\/a> and the testimony of costello where he was interrupted from presenting. And the biggest, i think, egregious thing the jurey wont know about is the witness not called, bradley smith. The fec expert who really had some specifics that the jury could use to get to the heart of this matter. He will not be heard from. Bill yes. And last hour we were talking about the implications of a conviction and matt bennett was on. He is suggesting the polling suggests it could really hurt trump. I dont know if it could or not or if anybody can make that leap yet. You have to understand how it settles in. I tell you, bret, for a trial of a former president that is getting so much attention on cable news and throughout media, i think its rare where you find a story where so many people say im not even watching and im not even paying attention. I dont know what that means. I guess well figure it out in time. Yeah, listen, i think they paid attention from Stormy Daniels<\/a> and the Salacious Stuff<\/a> was out that day. Im not sure how much they are paying attention to going into the weeds of what the actual crime is here. And how this judge delivers the instructions to the jury is really the part of this case that matters. It is how the jury makes the determination, what they are instructed to do. And i do agree with you, i dont know how the politics is going to fall but this moment, if he gets a conviction, does change some element of this election. Dana we have some idea how it is falling if you look at the april fundraising numbers, call for 15, folks, trump raised 76 million to bidens 51 million. Over the weekend politico detailed the finances of both campaigns and that overall biden does have a lot of money but if you just look at this case Getting Started<\/a> and how it is going for democrats, if you are looking at support for the president , it is not going down. It seems to be going up. Then you have this Bold Decision<\/a> by President Trump<\/a> to try to grow his support and he will hold a rally in the south bronx. Well today biden is going to New Hampshire<\/a> for electoral votes and massachusetts. To me it shows a political posture outside of this trial means that trump knows that he has got biden on the run. I agree with you when it comes to polls. There are places like minnesota that is really close, virginia. They are expanding the map, the Trump Campaign<\/a> is. What i was saying we dont know the implications of the word conviction. Dana true, of course. How that makes independents and suburban women feel. We do understand now that a lot of people think he is, you know, on the back side of an unfair process and he is telling that every day when he gets to the microphone. If he is acquitted and either is a hung jury or a jury comes back not guilty i think there will be some wind in the sails of this campaign as far as saying we are going to go out and talk about issues and they will have something that voters really care about. Bill an observation. Reading through emails, these are our colleagues, yes, but i also respect their views and they are steepedinlaw. They know what they are talking about. Bret, across the board they are like this judge is not being cool to the defense. This judge essentially is not being fair and wow, i mean, from my observation, throw turley in the mix, too, this is a unanimous decision based on some of the legal experts were listening to on our network. You look to Alan Dershowitz<\/a> said the same thing and he was in the courtroom. Others have said the exact same thing. There is all kinds of elements here that open themselves for appeal if you got to that. But how the judge acts is a big deal. I do think that the brad smith blocking that testimony is a big deal. He was going to testify and tweeted out that if these payments were considered Campaign Expenditures<\/a> they wouldnt be listed with the fec until mid to late december, well after the election. There is all kinds of things that factor in here that would be exculpatory and really helpful to the defense and they are not hearing it. Dana there was somebody on x said this is a trial that happens when you have prosecutors that bring charges based on watching left wing cable networks. And i do think on the politics, for me it seems preposterous. I listen to turley and mccarthy. Trump did it a little bit yesterday but you could read off legal commentators from the left saying that this case is not going well for the prosecution. And you would get to a point where you think this does seem unfair and then you have all the issues we know that people actually care about, economy, etc. To your point that we dont know how it will affect him, the votes, i also wonder just based on what you know how would it affect President Trump<\/a> himself . To me thats like injecting fuel into him. If he were to get convicted it is not like he will go back to maralago and hide in a corner. I think it is going to fuel him even more. Yeah, sure. Yeah. He does see this as, you know, fuel in his energy to be able to say listen, im getting attacked here in this law fare situation. He says it every day and he says it on the stump. I think when he talks about this and then bounces to issues people care about, it is powerful. This is not about me and this courtroom. It is about you and the american people. Those things when he makes that turn is a powerful thing because people do say i care about what the economy looks like, the inflation, crime, border, and i really dont care about this particular case, at least what they tell pollsters. Bill Andy Mccarthy<\/a> will often say is undefeated on the law. No one would disagree with that. If you want to understand a complicated legal matter go find what Andy Mccarthy<\/a> writes every day. He just wrote, this is mccarthy, unreal. Trumps lawyer bove goes back to the email that the states lawyer asked about, the states lawyer objects beyond the scope of the cross. But he says it was the scope, in all caps. Merchan sustains the objection. Just to the point from before man if the state is looking for a break in this, this judge seems to be giving them a lot of rope. A lot of leeway, 100 , bill. And very different scenario to what the defense has been able to do or the witness costello when he was interrupted numerous times by objections that were sustained by the judge and then the courtroom was cleared and the judge said are you giving me side eye . Thats right in front of the jury that interaction between the judge and a defense witness. Thats different than the leeway was given Stormy Daniels<\/a> and Michael Cohen<\/a>. Gowdy, he had the comment about the strike zone has to be even for an umpire. He says judge merchan is the size of a gnats cotton ball right out of South Carolina<\/a>. He loves the word sustain when the defense is questioning its witnesses. On and on it goes, bret. Thank you for coming on and well see you at 6 00 today. Dana when we hand it over to you. Bill well let you know what happens next when it happens inside that courtroom. Back in a moment. He is looking to make money and he has been making money. He has a podcast, which is ironic. It is latin that means through my fault. It is through his fault that were all here talking about this subject. Youre the first to know when high rate debt is stressing your budget. But your familys service has earned you a big advantage. The va home loan benefit. With the lower rate newday 100 va cash out loan, you can pay off high rate credit cards and car loans. Thats real money you can use to take care of your family and home. Theres an old saying in the navy that the toughest job in the navy is a navy wife. And if youve made the deployments and youve been the wife at home, or youve been the spouse at home, you understand what im talking about. Your spouse has earned the right to apply for a va home loan. The newday 100 loan allows you to borrow up to 100 of your homes value. So if youre in a situation where you need some help financially, give us a call. Choosing a treatment for your chronic migraine 15 or more headache days a month, each lasting 4 hours or more can be overwhelming. So, ask your doctor about botox\u00ae. Botox\u00ae prevents headaches in adults with chronic migraine before they even start. Its the 1 prescribed branded chronic migraine treatment. So far, more than 5 million botox\u00ae treatments have been given to over Eight Hundred And Fifty Thousand<\/a> chronic migraine patients. Effects of botox\u00ae may spread hours to weeks after injection causing serious symptoms. Alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or Muscle Weakness<\/a> can be signs of a lifethreatening condition. Side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. Dont receive botox\u00ae if theres a skin infection. Tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects. In a survey, 92 of current users said they wish theyd talked to their doctor and started botox\u00ae sooner. So, ask your doctor if botox\u00ae is right for you. Learn how abbvie could help you save on botox\u00ae. I hear it all the time. People tell me theyd love to buy gold. But because its gold they think it must be complicated. It isnt. Not with Rosland Capital<\/a>. 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<\/a> at 8006308900 to receive your free Rosland Guide<\/a> to gold, Gold Precious Metals<\/a> 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<\/a> today at 8006308900, 8006308900. Thats 8006308900. Bill we have action, we have action inside the courtroom. The defense has just rested its case and donald trump will not be called as a witness in his trial, all right . Defense rests. Jury has been dismissed until next tuesday. Dana unbelievable. Bill enjoy your long Memorial Weekend<\/a>. Dana i cant understand that. Bill they live in new york, right . Memorial weekend in new york city is considered one of the biggest getaway weekends of all time. Dana make them do Closing Argument<\/a>s tomorrow and force them to have a decision by friday. Bill the point im driving at is you think these people arent going to watch the news . You think they wont log on and read something about this, that or the other, or go out with friends or Family Members<\/a> and you know friends and Family Members<\/a>, the close ones know what theyve been doing for the last ones. Not that big a secret. Off we go and down we go to Jonathan Turley<\/a> for his initial reaction. Where are we, professor . Hello again. Hello. The final day of testimony really highlighted many of the concerns that the defense team has, including some rulings from judge merchan which frankly are disturbing. I said yesterday that i didnt quite understand the basis for some of his decisions. They seemed to me manifestly wrong. Today that was an even greater problem. For example, the judge allowed the prosecutor to Cut Off Costello<\/a> when he was trying to explain the meaning of a statement. And when the defense came back and said you were cut off. What were you trying to say . The judge sustained an objection that it was beyond the scope. That is crazy. He was trying to explain the meaning of what the prosecutors had just quoted. And to some extent it makes you concerned. I remember there was a louisiana judge that was notorious for turning to the defense and saying is the defense ready to present it case and the prosecutors and say are we ready to present our case . There is a line at which the judges rulings become so disturbing that even some of the jurors may pick it up. So the concern for the defense now, as you just alluded, is that these people will go back to the world. They will go back, not sequestered. Going back to their neighborhoods and subject to watching television but also going to be talking with their neighbors and friends in new york, donald trump is widely disliked. And they will be going back to that environment and the question for the defense is, is it going to make it more difficult for them to be the holdout jury and say i dont see where the crime is there. Dana im the captain of dumb questions. The jurors, they themselves are allowed to go back to work today, right . Yeah, they are not sequestered under any limitations. They are asked to avoid the news. But it is pretty hard to do that particularly in new york where you will be saturated by this trial. Dana my other dumb question, so the issue of brad smith, federal Election Commission<\/a>er who was willing to testify and the judge said he cannot testify and he would be somebody who could explain election law and he did this long post on x instead, does the jury know that he wasnt called and if they dont, can the defense bring this up in their Closing Argument<\/a> next tuesday . No, they will be under strong limitations. The jury probably does not know that they had this witness ready to testify on the election issues. The problem for the defense is that the judge curtailed his testimony so much that his testimony might actually reinforce the prosecutors only in the sense that since he would not be able to explain that there is no Election Violation<\/a> here, he would just sort of reaffirm that this is a core issue in the case. What smith was going to say is that there is no Election Violation<\/a>. But the judge wouldnt let him go into those areas. Now many judges would have taken that position of i tell the jury what the law is. The problem is what the judge has done with the rest of the case. The reason this witness was needed is because this judge has allowed the jury to hear falsely that there was there were Campaign Violation<\/a>s. And there were not. So im quite convinced that this jury thinks that there was a verified and established Campaign Violation<\/a> committed and connected to trump. That is just not the case. So what is most important about what smith said today is that he had evidence to show that the theory doesnt even hold together because they wouldnt have had to report this even if it was a Campaign Contribution<\/a> until after the election. So the whole premise of the prosecution is completely invalid. Bill so court is in recess until 2 15 eastern time, four hours from now. Both sides will work on a proposed jury charges before that time when the conference begins. Does the judge write up the jury charges over the next week or is that done today . When do we find that out . I would be surprised if he wrote them up. He will be hearing arguments. I was confused yesterday when he said i want you to Work Together<\/a> and come up with a red line version of instructions. Sometimes you can do that. I cant imagine a red line version between these attorneys because one side would just red line everything in the instruction because there is a fundamental difference on how they view this case. I think the defense has the better argument here. That says there arent any elements established in this case. It is not a credibility question. Nobody has connected trump to how these payments were characterized on these business records. Thats a fact. The most that Michael Cohen<\/a> has said is that he was aware that this was being done. Bill a little more information for you. Grace tag earth emails from the court saying merchan expects summations the take at least a day. He expects his instructions to last an hour at least. Merchan doesnt like to break up summations. He likes the jury to hear both at the same time. He then likes to give the jury charges, then the jury begin deliberations. Merchan says there is no way to do what he needs to be done in a cohesive manner this week. He considered all Scheduling Options<\/a> but the best thing they can do is adjourn until next tuesday. At that time theyll hear the summations and the next day the judges jury charge and deliberations should begin next wednesday. We have eight days. Dana unbelievable to me. Bill thats not a speedy process, professor. In any way. No, it is not. It works against the defense in my view. But here is the whacky aspect of this. After that long delay, after the government presented its case and after the defense presented its case, it is only in Closing Argument<\/a>s that we expect the jury to actually hear what the theory is as to this second crime. What crime was being hidden with these false records. I have never seen a case in my entire career where thats the case. You still have legal experts who will be debating over the next few days what that theory is. Thats why this judge has done a poor job. He has created this farce, which is unfolding in his courtroom. There should never be a case where we have to wait for Closing Argument<\/a>s to figure out what the governments even suggesting about that second crime. Dana Jonathan Turley<\/a>, thank you for all of that. We will be back to you as we have the defense has rested. President trump left the courtroom moments ago. He did not make additional comments. We have his comments on his way in. You can see him there raising a hand up. But you wont hear from him, at least not right now. The team comes back in at 2 15. To talk to the judge about what the jury will be instructed to do. That wont start until next week, which is pretty unbelievable to me. Well be on top of this and more great guests and analysis coming right up. To see and things to do. Thats why you choose glucerna to help manage blood sugar response. Uniquely designed with carbsteady. Glucerna. Bring on the day. Choice hotels is a family of brands with a hotel for any traveler you want to be. 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Lets fly Inaudible Sounds<\/a> chief doug. Inaudible Sounds<\/a> ooooo ah. Elevator Doors Opening<\/a> Inaudible Sounds<\/a> i thought you were right behind me. Only pay for what you need. Liberty, liberty, liberty, liberty. This guy was suicide all and kept on saying im looking for my escape root. Tell me how to avoid it. There was a way to solve his problem if he had truthful information about donald trump because thats clearly where the Southern District<\/a> was going. Then i told him if thats the case, i can get you out of your legal problems by the end of the week. And every time i brought it up, he said i swear to god, bob, this is a quote. I swear to god, bob, i dont have anything on donald trump. Bill he is a compelling talker, thats for sure. Whether he was able to tell his full story remains a point of debate at the moment. Thats bob costello there. Right there he was on the stand earlier today and yesterday. He is off the stand and on day 20 the defense rests. Eric shawn is live outside the courthouse to bring us up to speed right now. Hello again. Hello. Testimony in the trial is over. The judge telling the jurors ill see you in a week. Closing arguments are next tuesday. Another dramatic day in court. The defense rested with robert costello. Trump did not take the stand in his own defense. The legal right not to do that. Perhaps one reason for that is that the defense and the former president simply believe that d. A. Alvin bragg has not proven his case. There is no crime. There is no crime. It is a Kangaroo Court<\/a>. There has never been anything like this that ive ever seen. Throughout all kangaroos, we just cant viteae. I think the Appellate Courts<\/a> can be take care of things. Back on the stand was robert costello, trump ally, wellknown new york lawyer who claims Michael Cohen<\/a> lied on the stand. Costello said six years ago when cohens home and office were raveded by the f. B. I. Cohen turned to him for advice and what cohen told him trump had no involvement at all with the Stormy Daniel<\/a> payment and that the deal, in fact, was cohens idea because he wanted to hide stormys claim of that alleged affair so melania wouldnt find out about it. We didnt see costello rolling his eyes or signs of exasperation he exhibited yesterday. The judge cleared the courtroom and admonished him or his antics and costello was in fine form this morning. The prosecutor showing to Show Costello<\/a> was part of a Trump Pressure Campaign<\/a> to squeeze and used rudy giuliani. Costello denied that on the stand. One of the emails told cohen he had Friends In High Places<\/a> and cohen said yes, he was referring to former President Trump<\/a>. Who was the president at that time. So the rest of the schedule will be this this afternoon. The judge will hold a hearing on Jury Instructions<\/a>. Thats really a very critical part of any trial when they hash out exactly what both sides can tell the jury next week when they give their Closing Argument<\/a>s and the instructions that the judge gives to the jury under the law describing what they can or cannot consider in this case. So the testimony over, next tuesday back in session, Closing Argument<\/a>s. It has been quite a few weeks, bill. Bill it sure has. Not over yet. Eric sean downtown. Dana judge pirro. We have to talk about this judge, judge. This judge, you dont need a prosecutor if you have a judge like this. This judge is not on the level. He is not on the level. He should not be the one who was handpicked to try this case. We always pride ourselves in saying there is a wheel and judges get picked anonymously. That didnt happen here. Everything that this judge merchan has done is indicating that he is favoring the prosecution. There is no Question Judges<\/a> will favor one side or the other but you dont need a prosecutor with a judge like this. The way he allowed Michael Cohen<\/a> and Stormy Daniels<\/a> to testify and yet every question by the defense of costello, every objection was sustained. He wouldnt allow costello to tell the story. The fact he gags trump and not cohen and the fact that he says that im going to strike this guys testimony or hold him in contempt. He should be held in contempt the way he handled this case. This judge is out of control. But more than that, to allow this case of a former president and possible future president to go on for weeks on end. To not sequester them and say you know what, folks . Well get a verdict here. I will charge you and well make a decision and you are going into that deliberation room. Get it done is right. But you see he plays into the whole argument that this trial is to keep trump off the campaign trail. A day here, half a day there. When in the end, he says to both sides look, you ought to work on the jury charge together. No, i asked for this, you asked for that. This judge would not allow i think his name is ben smith, the head of the federal Election Commission<\/a> to not testify is stunning. Because the federal he allowed Michael Cohen<\/a> and david pecker to testify to a federal election Campaign Violation<\/a>s but wont let the head of the federal Election Committee<\/a> come in and say these are not violations is stunning. This case has unbelievable reversible error in it. Bill trey gowdy was in the courtroom and we hope to talk to him. Costello was a draw or neutral in terms of his appearance. Could work for either side or maybe a 50 50 deal. He thinks it all comes back on cohen anyway. For the jurors, did the prosecution, did the state, prove Beyond A Reasonable Doubt<\/a> every element of the case that they presented. Let me ask you this. Did the prosecution put to your satisfaction that donald trump told someone in the Bookkeeping Department<\/a> in the bowels of the Trump Organization<\/a> how to identify this payment, who to write the check to and what it was for . I havent heard one witness testify to that. Bill if you are asking me, here is how i would answer that. I need to hear from Alan Weisselberg<\/a> and the state chose not to call him. Let me finish. Then the defense decided not to call him. He is still sitting in prison and the one who can complete the loop, true, false, good, bad. But it did not happen. I think the only witness during this entire trial who even talked about influencing election was Michael Cohen<\/a>. No other witness even brought up the election. The important point here is you should get an adverse witness charge against the prosecution for not calling the witness weisselberg who you admit is so important and anyone else would admit that witness charge would be an adverse charge. You the jury are free to believe that had the prosecution called Allen Weisselberg<\/a> that he would have testified against the prosecution. That is what should be done here. Thats why Jury Instructions<\/a> are so important. That is an adverse witness Charge Waiting<\/a> to happen. I will bet you the judge wont do it. Bill the controller said three weeks ago we had a ledger, it was old school. It wasnt up to date but we had a ledger and we put each payment in its category. So when cohens payments came due, i would put him in the Legal Expense<\/a> category because he was an attorney. Right. Bill so that right. Isnt that legitimate . Bill i have agree with you. Based on its face i agree with you. Its a payment to an attorney like a retainer and he is doing work for the Trump Organization<\/a> during that following year. What is the problem . There is no crime. This judge doesnt deserve to wear a robe. Dana lets end it there. That is all she is going to say until the five when we see you back then and maybe see you on other shows, too. Bill we are reaching out to trey gowdy well get his impressions of what happened inside court. The images that came from court. We may not have another one for eight days. We have a Big Old Fat Memorial Break<\/a> for the trial of the former president , donald trump. Were back on that after this. Its not my word against his. I was there with my law partner. Second of all, virtually everything that Michael Cohen<\/a> has said, i read his testimony, at least the part that relates to me, is a lie. And i have documents to prove it. Clearchoice Dental Implants<\/a> changes your struggle with missing teeth forever. It changes how you eat, how you feel, and how you enjoy life. It changes your smile and how others smile at you. Clearchoice Network Doctors<\/a> have changed over 100,000 lives with Dental Implants<\/a>, and they can change yours, too. 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Inspirational Music<\/a> our biggest challenge . Uncertainty. Hidden fees, surcharges. Who knows what to expect turn shipping to your advantage. Keep it simple. With clear, upfront pricing. With usps ground advantage\u00ae. Using the finest materials, like indulgent memory foam, and ultraconforming innersprings, for a beautiful mattress, and indescribable comfort. Save up to 800 on select Adjustable Mattress<\/a> sets at stearnsandfoster. Com bill 14 minutes before the hour now. Defense has rested on day 20. Well be back in court at 2 15 eastern time. Trey gowdy was in court this morning and joins us now. Trey, good morning to you. Reading your emails. Quite colorful. Good job. Maybe you have a future as a reporter or a Court Reporter<\/a> or something akin to that. I wasnt a very good lawyer. I have no future has a reporter. Bill thats funny. The moth ball was cleaver. Lay it out for our viewers. What did you hear and see inside . Costello i thought was a little better than he was yesterday. I think what he figured out is the substance of what he has to say is helpful for the defense. But when your demeanor is off putting It Im Peaches<\/a> and undercuts what you have to say. My final analysis, the star prosecution witness, Michael Cohen<\/a>, is completely biased. I think the prosecution did a pretty good job of showing costello has a little bit of bias as well. The jury has to sort out. Those are the only 12 opinions that matter. The jury has to sort out if you have competing biased witnesses its a draw. Draws go to the defendant. The governments job to prove each element Beyond A Reasonable Doubt<\/a>. Dana the demeanor of the jury once they found out the defense rested and get a vibe. What was your sense . You know what . I have been impressed with this jury. They are attentive even during the more tedious parts of the trial. I always my focus on the jury, those are, as you well put, those are the only 12 opinions that matter. Who sat in the same seat they did yesterday, that tells me something. Who moved around and who sits by whom. They were extraordinarily attentive. The judge initially this morning i thought maybe, maybe, maybe the strike zone would be the same for both sides and then it got really small for the defense just like it was yesterday. I have heard plenty of judges say you must answer yes or no and then you can explain. I have never seen a judge say you must answer yes or no and you cannot explain. I have never saw it in almost 20 years in a courtroom. Bill help us out here. We are listening to a lot of your analysis and mccarthy and turley. You believe this judge hasnt been fair. Do you stand by that, a, and b, why are we going to take an eightday break for a long american Memorial Weekend<\/a> before the jurors even get a chance to talk among themselves . Yeah, i can tell you if we were in South Carolina<\/a> we would be already beginning our Closing Argument<\/a>s right now. I dont get the schedule up here to wait a week and expect people to remember what was said and whether or not you believed what was said. I think it is not fair to the jury. In terms of whether or not the judge is fair, yesterday was my first exposure to him. I have appeared in front of what i thought were proprosecution judges before. I benefited from proprosecution judges. I just thought yesterday and then again today, his strike zone is completely different when the prosecution objects than when the defense objects. And i dont know him well enough. I wont say that he is a biased judge. I will say that judges should take really should be really careful to not even appear to have an interest in the outcome. He seems really upset with the defense and doesnt make much of an effort to disguise that. Dana stay right there. I dont know if theyre coming to get you. If they do call. I will selfreport. I will report. I will selfreport. Bill dont leave, hang on. Dana mark, you have strong feelings about the defense making a decision to call bob costello to the stand. Because a cherished principle that we all enjoy, not donald trump but every defendant. If they dont prove their case you dont have to call anybody. The disadvantage in calling Abbott And Costello<\/a> is that the defense then looks like they have some type of burden when they do not. The state rested their case, no 12 people could all get their heads around the fact they proved their case Beyond A Reasonable Doubt<\/a>. Im still waiting to understand how it interfered with some election. That was not made clear. So you dont call any witnesses. You stand up. This is what i would do. And i immediately say we rest as well reminding them that they all gave their oath that they would not shift the burden to the defense. They would find the defendant not guilty if the charges werent proven. Bill maybe the jury finds it that way. Maybe. You dont know. I will also defer to the Defense Lawyers<\/a> because maybe they have their finger on the pulse of this jury. Dana do you think that costello testimony hurt the trump team . It didnt help. In other words, any time you are going to take on a burden it is not their burden but it looks like that to the jury. You just called one, two witnesses, okay. Their case was much better. They were there for weeks and you just called two witnesses . Based on what trey is saying the judge didnt let costello answer. That is foreseeable. You knew that would happen. You knew costello had baggage. Why do it . Bill okay. Trey, can you answer that . Was it a mistake . Well, costello may have some baggage but Michael Cohen<\/a> has more baggage than delta airlines. At least be as tough on Michael Cohen<\/a> as you were on the lawyer, bob costello. I dont care if the strike zone or high or loan. Give me the same strike zone. I didnt see it the last two days. I will agree there is no responsibility for the defense to put up a case whatsoever. But if they do, the jury is going to judge them just like they do Prosecution Witnesses<\/a> and i think costello had the potential to help the defense but his demeanor was so off putting he wound up not. Bill do you fly delta . He has more baggage. Any generic witness you know there will be vigorous Cross Examination<\/a>. Costello we all knew his ego will get up there and battle with everybody. You dont call him. You dont go one step forward, two steps back. Bill trey, thank you very much. Mark, thank you for being here. Dana well be right back with more analysis as the defense rests and we now wait eight days for the jury to get together. Cheese. [door creaks open] [ominous music] [ding] meanwhile, at a vrbo. When other Vacation Rentals<\/a> are just for likes, try one youll actually like. They get it. They know how it works. More importantly, it works for them. I dont have any anxiety about money anymore. I dont have to worry about a Mortgage Payment<\/a> every month. It allowed me to live in my home and not have to make payments. Linda, dinah, joanne, very different people. But they do have a couple things in common. They love their home, and they know their stuff. They all talked about the counseling they got, so they knew how a Reverse Mortgage<\/a> worked. And how it could be a real Financial Solution<\/a> for their retirement. If youre 62 or older and own your home, find out how you could access your homes equity to give you cash now, and when you need it in the future. A Reverse Mortgage<\/a> could put more money in your pocket by eliminating your monthly Mortgage Payment<\/a>s, paying off higherinterest credit cards and covering medical costs. A person like me needed to get a Reverse Mortgage<\/a> it changed my life, it was the best thing ive ever done. Really . Yes, without a doubt just like these folks, aag can show you how a reverse Mortgage Loan<\/a> uses your builtup home equity to give you taxfree cash. They also know they can pay it back whenever it works for them. Its a good thing call right now to receive your free, noobligation info kit. The kit will show you how you could get the cash you need using your homes equity as a Reverse Mortgage<\/a> from aag. Ive been with aag for quite a while now, i think theyre the real deal. So look, why dont you get the facts like these folks did and see if a Reverse Mortgage<\/a> could work for you. Call aag, the countrys number one Reverse Mortgage<\/a> lender. Call this number. Bill court is in recess until 2 15. Theyll come back and discuss the proposed jury charges. The judge will go away and figure out what charges he wants to give the jurors beginning a week from today. Dana the jurors get to go back that their office if they want to. Can you imagine going back to work and all the emails you would have. I would have a mild heart attack about that. One piece of sound from his opening comments this morning before court when trump was talking about what all of it means. Watch here. Not that i like doing this, sitting in an ice box all day for seven, eight, nine hours. I am doing this because our country needs it. Our constitution is under threat. Our country needs it. So here i am. Dana that was his point trying to say to his voters or people he would like to try to convince to vote for him im here and will do all this. I will be back on the campaign trail. Bill maybe they even schedule something tomorrow. May 21st. They will take a big old fat break until may 28th. And on that day they will do Closing Argument<\/a>s. So i would imagine sometime in the afternoon, maybe, the jury gets to go Behind Closed Doors<\/a> and take an initial vote and then the schedule is for wednesdays to be off. Will he give them wednesday off . Gowdy said in South Carolina<\/a> we would do it now. Dana here is harris. Harris we begi","publisher":{"@type":"Organization","name":"archive.org","logo":{"@type":"ImageObject","width":"800","height":"600","url":"\/\/ia802502.us.archive.org\/14\/items\/FOXNEWSW_20240521_140000_Americas_Newsroom\/FOXNEWSW_20240521_140000_Americas_Newsroom.thumbs\/FOXNEWSW_20240521_140000_Americas_Newsroom_000001.jpg"}},"autauthor":{"@type":"Organization"},"author":{"sameAs":"archive.org","name":"archive.org"}}],"coverageEndTime":"20240703T12:35:10+00:00"}