>> we are entering the final stages of new york for us to trump, defense has rested their case, but trump will not testify and the juries will not be back until tuesday giving them within a week to mull all of this over. there are still major concerns surrounding the prosecution case is an event is the question while at the state bring charges against a former president if the evidence was not rock-solid, remember it was a solid legal theory and they said never before has new york state lobbying use in federal election cases but nevertheless here we have. while at they highlight a star witness with a major credibility issues, those questions are outstanding. this is "outnumbered" i am kayleigh mceany here with harris faulkner and emily compagno. joining us today martha maccallum, and call and cut of america's, bill hemmer. the killing blow for the prosecution's case may have been michael collins greatest admission he fessed up to steerg $60,000 from the trump organization. a harsher crime than the one for which trump is being charged. "the new york post" says the prosecution case now hinges on a liar, con artist, and a thief. it is harsh, even seen it admitted that trump was a victim and that michael cohen make the case look even worse. >> the prosecution case is there are variations of this over and over that trump knew exactly what the $425,000 was for, he knew it was for stormy daniels he knew every penny and paper but no he did it because he was getting robbed on the $400,000, here's the other thing that is indefensible for the prosecution, that theory now is that trump committed a misdemeanor or a class e felony, the lowest felony, while he was committing that he was the victim of a class c felony, larceny, committed by our star witness, the prosecution's star witness, whom he gave a free pass to. >> kayleigh: if that is not a closing argument for the defense i do not know what is. my fellow one of the things that michael cohen said is that you have to prosecution painting trump is a penny pincher, they take experts from his book, except when you heard from him, he missed a 60,000 that michael cohen still? how do you put those two? >> martha: they might want to hire him as his next attorney if you need to know him and again, and this is hopefully get a up soon, but i really have been watching a lot of the different coverage on this, because you have panels of attorney and each different network that see this in a very different way, clearly you saw a lot of consensus around the $60,000 that were stolen. there is no doubt about the fact that michael cohen has admitted understand that i am a liar, and now i am also a thief. so these are very big revelations and all of. when i come back to is i am always wondering about the jury, will they see it the way that all of us covering it see it, which are very weak cases and now for prosecution, will they be thinking about the fact that the fac to pass on this, how good a job with the closing argument for the defense team do in nailing down all of the novelty that is in this case and also the difficulty of connecting the dots, or is that you're he going to say, well, we know michael cohen is a liar, so was he lying when he said to robert that he had nothing? on trump? or not. there are all these different instances, was he right here or there? i think it remains to be seen, many of us were in the courtroom and we look at their faces, and is very hard to tell how there is taking on this end, but to accept that this case should be very, very thin gruel for the jury to deal with. on the other hand, the any argument i love it michael cohen said i had to steal that money because i haven't gotten paid. >> bill: actually paid him double. >> martha: there are some juries who might listen to that and say well you know what he hasn't gotten pacer had to take it out of the money that he wasn't getting paid, i don't know how people think, none of the sick and i know how people think of to the jury comes out, but it certainly looks like the defense is putting on a very good case. the prosecution also feels like they have proven that 20 times, michael cohen said that trump knew about the payment. whether they can extrapolate that to the misdemeanor and felony is a very tough nut to crack. >> kayleigh: you interviewed robert costello and i was fascinated by some of the notes coming out, who did look at the jury and today they said that the jury seems amused and parts by the bickering between castello and the prosecutor. interesting there were very keyed into that but here's what they said, which was fascinating, they jury can forgive almost anything that you can give you that it may forgive you for lying when you admit it, but they can sense a witness who has bias in the style witness for both the prosecution and defense appear to fit the bill. so how can vijay reconcile competing biases, perhaps a hung jury? >> bill: i saw all those notes, and it may even be able to give us some color inside the courtroom, they also said that the structure needs to be consistent on behalf of the judge. so when you are objecting to something, whether the state of the difference they need to be equal on both sides. so i am not a lawyer, and i read every single email that comes through our team and our courtroom and i have a ton of respect for jonathan turley, and andy mccarthy, and tray, and their lawyers here in the panel today. i go through all these emails and i say, okay i met in that right i am on the p and i have to go back to d and then a letter, i'm trying to tie all of this together and it does him make sense to me, and i'm really trying. if on the jury member, a and i feel that way and i'm getting legal advice and analysis, every hour of every day, how did he feel? furthermore, they have to wait eight more days, before they can even send a room and take a vote and see what everybody else stands. trump comes in there every day and says it is election interference you don't want me to campaign i can't be on the battleground states, but after today, can you believe him more now than ever? because the judge is allowing the jury to go ahead and do it eight day break before they come back together. >> kayleigh: and you wonder what they will see, if you watch cnn you have lost less people on cnn, you might even lose the manhattan-based jury, but apparently even if it comes down to is t -- a limited place for u watch this. >> later when michael cohen was asked about that on redirect by the prosecution, it didn't really sound like stealing $30,000 it sounded a lot like michael cohen doing the little that he could within that calculation to rebalance the bonus he thought he deserved, and it still came out as less than a bonus he thought he deserved under bone as he got in the year before. speak to you know well, that's all they call a bestie. that's a friend that they are not just along for the ride they will help you push the limo. my goodness. i am mostly concerned about whether or not this case and the minds and the jury is worked out in the next few days, you hit the nail on the head of, if we live in some sort of rose colored lens world where people do not have cell phones and they are not getting text messages, they may not get any more information in terms of testimony in this case. they may not be reading articles on all that come up with but they are going to do it here how was trump doing? how the prosecutors doing in this case? they are going to hear that even if they try not to, it is what people are talking about it and they talk about it so much that "outnumbered" if i've wanted to debate, because they not have it all, so i look at this and i think what if the purchase against now the prosecution and it looks like trump had a good week and he did, because of the case and also the lack of doodle witnesses that the prosecution put up. if you are a jury who might think this way, that i do not want trump to win, if you are a typical new yorker who hate him, i don't want to win, maybe then influence is whether or not you would even look at the case and admit yes, there's nothing there, but i'm still going to cast my vote as a jury member that helps the prosecution. this is stacy not just to sequester this jury, especially with a man who was running to be perhaps the next president, who has already been president, making history in that way, whet to but not the jury and make thm figure it out. they have several days going into the holiday. >> bill: if this was a south carolina judge they would say take a lunch break and come back. final summation right now. >> after the lunch break i would not give the most critical part of the case will be the jury instruction cases are won or lost based on that instruction, a key subsidiary .2 that is badly a smith, the foreigner commissioner who was set to testify but his testimony was so -- they decided not to bring him, he put it eight part threat on twitter and number siy important, while the judge will not let me testify on the meaning of the law he would allow mikah coleman to go on about whether or how hy violated federal election law so effectively that jerry got the m michael cohen. >> emily: that's the whole point of the trial, unlike you bill, you have been receiving legal analysis in real time. you have been hearing the facts laid out in this trial and hearing the testimony had been applying it yourself in that thread of emails from my generalist and esteem experts in the subject matter experts. especially in the overflow room, you've been able to protect together so it makes sense why things fill a little overwhelming but in part because you've been looking at the whole globe. they can about what the jury has been subjected to which is part of the globe, you said it yourself. that the novelty that the jury will have to apply the novelty of this very minute very specific very intricate form of law, and brad smith went out to talk about that even justice gildea said you know he is a smart one and incredibly brilliant the evening he self admittedly have difficulty with federal election last because it is in fact so intricate. so you apply that the end with this ribbon on top which is the jury expections that crucial factual nature of that is revealed because the jury has been lead step-by-step through the forest and down the path, yes to this and this happened in this, but all of it only matters when you apply it to the law. so now we're going to have both sides both sets of attorneys that produce instructions to the judge and the judge might write his own and he might select one of theirs or he might in fact rely on states already given instructions but i see a study out of florida with 60% of journeys, if not in plain english felt confused and disregarded. set the end of the day when he plain english instructions that lay out quite clearly what the law is, and that is butting against the fact that these journeys have been told this entire time that the law was a certain way which was frankly not. >> i think they said last night, worst case received in 60 years. maybe the jury will see if the same way. >> they've been predicting, the jury instructions will be horrendously poisonous, so we'll find out in short order. >> we will find out indeed if we find that the witness has lied about material fact you can disregard the entire testimony and we talked about that, i wonder if it will be included but it should be, michael cohen looking at you. >> we will look out for those instructions and we will bring them to you. car is set to resume at 215 eastern time, they will begin over the jury instruction and both sides will need to have that discussion together as those critical instructions come forward that could frame the case that could make or break you. trey is here with government is coming up next. municipal bonds don't usually get the media coverage the stock market does. in fact, most people don't find them all that exciting. but, if you're 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(inspirational music) >> harris: it was a big day before noon, and it's going to be a big day after, the prosecution and defense as you know by now has rested their case and the former president trump in your criminal trial, bob left the final witness for the defense team, and now closing arguments are set to begin next week. trump spoke outside the courtroom as he often does on the way in this morning and here it is. >> this is a kangaroo court, there's never been anything like this that i've ever seen, i had other trials that were a kangaroo trial court also, and hopefully they will take care of those things, this is egregious, the problem is that new york and the whole world is watching, they are seeing what's happening and they cannot allow that to happen because you are willing to host system. the whole system will come tumbling down. and look i love new york this is where he grew up i was born here and i grew up here, and i see what's happening with this judicial system, and it is just -- is all kangaroos. and i think the appellate court could take care of these things, but they should not even be an appellate court, they should be a easy ruin -- >> harris: okay let's get ready for former prosecutor and host of sunday night in america, trey is here, fresh from the courtroom, we have all been reading your contemporaneous notes coming in out of the courtroom from you today, the big question is, what happens and that gap? why didn't they sequester this jury, this is the former president could be the next one? >> well, usually that favors in the government, that is the belief. the bias is not in favor and sequestering anymore for that reason. your broader point is how you keep jury from hearing about the most significant most important trial going on in the country right now, you have to take them at their oath, which is dicey to the world. i am not familiar with every trial but i will take your word for that. the stakes could not be higher but at some point you do have to take jury duty that jerry is at their word when you'd instruct them to deliberate and go make up your mind, a lot of that is done internally and you have no way to gauge get a check it. >> harris: that is so true and that's how the former president put it as well, the world is watching. i would imagine our enemies are watching and they love when things are chaotic with the former president or even current leader of the free world. so tell me this, did bob costello and his testimony which was often interrupted by the prosecution and with the judge, didn't help in any way the defense? >> the content could have, that's why summation matters because that is when the lawyers get to remind the jury, it can it be a big and long break so you need to remind them that michael cohen said 20 times, and my mother says i don't like it but i'm coding some going s, michael cohen said i swear to god, that donald trump did nothing wrong. that is really the most important part of this testimony. the downside is in his demeanor was off-putting. so either he is on coachable or unflappable, or they didn't prep him i guess if they tried to, but they don't usually make really good witnesses as a lawyer, there was -- people equate importance with todd, where did the lawyer spend the time? there was a nanosecond spent on the i swear to god donald trump did nothing wrong if i had something on him i tell you, there was a ton of time spent on their relationship with rudy giuliani and efforts to ingratiate himself with the former president, so if time equates to importance, the jury is thinking that costello's bias is more important than what michael cohen testify to elect a net loss to the defense if that's what they're thinking. >> harris: we have heard a lot of people's opinions who are not in your shoes, who have not had your background, they are feeling that because he is a donor and his daughter is working for the democratic party they feel one way about the judge, what have you seen inns at the courtroom that lead you to believe that this judge is or is not there in terms of handing out the law? in terms of adjudicating this case? >> about a day's worth of ruling, and it started yesterday when he really undercut the defense, the defense was not going to be robert costello's testimony it was going to be an expert on what is required to interfere with the campaign on election. so get this, michael cohen can testify on his interpretation of federal election law, but a expert cannot. so i don't care if the strike zone is higher or lower, i have been. in front of a pro defense judge and throw prosecution judges, just give me a level playing field and my perception after a day and a half and i've only been in there for a day and a half, but i can predict if the defense objects and if it's going to be overruled and if the prosecution objects is to be sustained and that was -- there was a brief moments, i put it in my notes and i thought i was going through the rapture, i thought it was the apocalypse and then i looked and i saw my wife was still here so i figured it wasn't the rapture but he ruled for the defense, two times in a row. two times in a row and i thought this is the end of times. but then he corrected himself and went right back to ruling against the defense, whether it -- i don't know what the right word but i just know it's not a level playing field you can use whatever way you want to use. >> harris: perhaps that is the definition of violence. now what you are asking is it political bias. it is certainly bias but as a political bias is for him to answer i suppose or maybe we can even answer his daughter -- it was fabulous information from inside the courtroom as always, you always help me to be more persuasive from reading your book so thank you. good to see you. >> you are so kind, you're the one who read it i heard somebody had but i wasn't sure who was. >> harris: i am the one and it was really good thank you. so hollywood has weighed in with big money, and they power apparently, george clooney's wife is the one with the power, and she is paying a key role in issuing those arrest warrants against the israeli prime minister. a decision that even president biden is outraged about so he says. both theaters coming up next. i really tried sleeping with it, everybody. but i'm done struggling. now i sleep with inspire. inspire? 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( ♪ ♪ ) start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. if you're a veteran wife, homeowner, and the family bookkeeper, you're the first to know when high rate debt is stressing your budget. but your family's 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. that's real money you can use to take care of your family and home. >> emily: outraged growing after they issued an arrest warrant for israel the prime minister. >> will apply for warrants for prime minister and also minister of defense, for crimes of causing extermination and also causing starvation as a method of war including the denial of humanitarian relief supplies, deliberately targeting civilians in conflict the fact that mass fighters need water doesn't justify denying water from all the civilian population of gaza. >> emily: day not only make these accusations against the leader of one of our closest allies, but they made to seem accusations with the same time, i guess the head of hamas. at the center of the panel's decision was cluny, she was asked to join the panel as a legal expert, her husband an american actor george clooney st to headline a massive fund-raiser for president biden next month. so things can get a little awkward after t the presidents t this yesterday. >> let me be clear, we reject the iccs application and arrest warrants against benjamin netanyahu. whatever these warrants may imply there is no conflict between israel and also hamas. >> early this morning israeli prime minister echoed the outrage of the iccs decision. >> it is outrageous, we deny water? he is making totally false accusations here and everywhere else. we are supplying nearly half of the water of gaza, we supplied only 7% before the war, so, this is completely opposite of what he is saying, he is saying that we are starving people? but we have supplied half a million tons of food and medicine with 20,000 trucks, they are trying to demonize us and he is doing a bad japanese creating a false symmetry between the democratically elected leaders of israel and te terrace -- that's like saying after 9/11 well i am issuing arrest warrants for george bush but also for bin laden or after it was through saying i'm issuing arrest warrants for fdr and also hitler, it is a worse job. >> is a shame i felt that he even has to defend himself on this global stage as one of hamas is an islamic republic's main goal as it is being realized is is global condemnation. >> martha: going back to october 7th, we would not be here if it were not for hamas, we would not be here if it were not for the attack the brutal attack on civilians. we also do not talk enough about these hostages. i they all concerned, i went out this money for a run and i went by a synagogue in our area and there's all these photographs out front, saying please do not forget these people, so has she been speaking out about that? pressing hamas to agree to something? so they can release these individuals? it is very easy to say, both sides are killing people but you have to go back and be more intelligent than that and understand the situation on both sides. the amount of aid that has gone and a lot of it is getting stolen actually by hamas and the latest report and the food that's coming so i think this is such a surface level slam israel without further expectation of understanding what is actually going on here both sides. >> emily: to further that point, here's what they have to say about the iccs decision which is that we unanimously conclude that there are reasonable grounds to believe that is really prime minister -- >> benjamin netanyahu, have committed war crimes and crimes against humanity including starvation is a method of warfare, murder, persecution, and extermination. she went on to say she served on the pent up because she believes in the rule of law and a need to protect civilian lives. if you apply that to hamas, and make sense. applying it or anything else especially in that specific example where everything is under their control, any further aids or origin of hamas, anything other than that is preposterous. >> be elected leader of a modern western democracy, people were put in ovens, and people were taken advantage of in the most horrific of images. but benjamin netanyahu is defending his people, here's what she needs to do, she needs to go to capitol hill and on capitol hill there is if you mmake a bipartisan viewing republicans democrats coming together to watch streams before assignments. it is a documentary about the horrific atrocities these young women went through as they were assaulted by hamas. we all see the images of blood but i would not go into any more detail. she needs to go there and watch you need to get educated she also needs to be educated by the lcc. i took a class in harvard, and they disproportionately target western democracy, the icc in 2017 decided that they wanted to launch an investigation into u.s. troops in afghanistan. it took mike and the courage of the trump administration to say not on our watch we will pull visas if you start looking at our troops, they should be sanctioned and no democrat will step up and do that. if you are in the same cap of amal clooney is not a good camp to be an disgraceful. >> we are not a party for that reason, and we continue to not beat, i appreciated president biden through mud today, i wish it was accompanied with action but i was good for at least that he came unequivocally for want. >> bill: a few things send why was tenant tenant of to jail for years. the doctors performed brain surgery on him, saved his life. he is the one who is now heading or hiding rather in southern gaza. for joe biden. carla outrageous because there is no equivalence but that for them but we reject the prosecutors equivalence of hamas it is shameful. any other answer would've been unacceptable. good for both of those men. >> harris: for a moment, many of us has interviewed parents at these hostages, and i'm so glad you brought it up my fat, and not just for a second, not for a second that any of them remember our candy ever because it didn't happen, the united nations acknowledging the situation to happen to those women on octobe. i just questioned the icc that was helpful to know from that class you had at harvard law, i question what the motive is here, i question who is working with them, and, amal clooney, stick to what you do, i know you're involved in this, but is she able to really see things for what they are? i think she is doing other protesters, nothing is feeding palestinians or frame the hostages this is what they say they care about but they act counter to it by getting the well to focus only on hating israel. that is not going to move anybody any closer to bringing this people home. and hamas, kilos are going to kill, that's who they are, i don't see russia offering water to the ukrainians. there are wars going on. go to these places, either terry is helping with the people in thes? where they are hiding for their lives right now? you want to help someone? you have to do it differently than just picking on israel, because it is easy for you to do. >> she is considered a celebrated human rights attorney, but to youith insuli n. visit freestylelibre.us/medicare every day, more dog people, and more vets are deciding it's time for a fresh approach to pet food. they're quitting the kibble. and kicking the cans. and feeding their dogs dog food that's actually well, food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. get 50% off your first box at thefarmersdog.com/realfood ava: i was just feeling sick. and it was the worst day. mom was crying. i was sad. colton: i was diagnosed with rhabdomyosarcoma. brett: once we got the first initial hit, it was just straight tears, sickness in your stomach, just don't want to get up out of bed. joe: there's always that saying, well, you've got to look on the bright side of things. tell me what the bright side of childhood cancer is. lakesha: it's a long road. it's hard. but saint jude has gotten us through it. narrator: saint jude children's research hospital works day after day to find cures and save the lives of children with cancer and other life-threatening diseases. thanks to generous donors like you, families never receive a bill from saint jude for treatment, travel, housing, or food, so they can focus on helping their child live. ashley: without all of those donations, saint jude would not be able to do all of the exceptional work that they do. narrator: for just $19 a month, you'll help us continue the life-saving research and treatment these kids need. tiffany: no matter if it's a big business or just the grandmother that donates once a month, they are changing people's lives. and that's a big deal. narrator: join with your debit or credit card right now, and we'll send you this saint jude t-shirt that you can proudly wear to show your support. nicole: our family is forever grateful for donations big and small because it's completely changed our lives and it's given us a second chance. elizabeth stewart: saint jude's not going to stop until every single kid gets that chance narrator: please, don't wait. call, go online, or scan the qr code below right now. 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>> okay. >> i am going to stop. >> bill: a man is not a plant. >> harris: making way for who -- okay we will stop right there. it was just so much in the testimony you know that you watched it. but yes, the race card when you are not winning, you play that you have to have something in your debt that will work better than the facts and i guess that's what you pray, it is sad because for millions upon millions of people across the country whether they are black or white or hispanic it doesn't matter, we'll look at this and we think where is the american card the one that stands for justice. what was she doing on that trump case with her lover? something so awkward that even a judge that did not immediately do the right thing for them both off, but a judge who said yes, you can stand the case, but your lover has to go. i am paraphrasing. >> emily: when you are a survey of the people, bill hemmer, you welcome any oversight especially from the feds because you say yes there is nothing to here and you subscribe to that, as a servant of the people, instead she called representative a con. >> bill: she has had some epic lines. and i agree with you here is, apparently we now need daddy to tell us how to do our job, he is referring to the governor. speaking for the based on what i'm reading on fulton county she wins the primary, but she has a challenger, an african american male, christian wise men, about a 43% african american policy, she probably went but as far as the case goes, i think we have followed it and we have pretty much know that that is dead in the water. until november if not beyond. >> emily: declared she was begging not the case against a form of oversight. >> martha: she talks about the people who elected her and she felt them. they elected her, she was very clear about what her agenda wasn't the case she wanted to bring, and then she blew it by acting in a road that brought her focus on her, and her love affair with the prosecution she was working with and then the whole thing started to blow up and became all about her rather than what they elected her to do so she should probably look in the mirror when she thinks about her election and serving her people. >> yes, interestingly she does have that primary type and refuses to debate her opponent and decided to employed the biden basement strategy and she had her way. and had the audacity to say georgia has never had a oversight committee and all the set of 14 minorities or elect any here oversight committee. she sang and is about race but has nothing to do with her decision-making. scott despite not removing her, from the case, said that this case has a odor of mendacity that remains, tremendous lapse of judgment, the unprofessional manner of the das testimony and a significant appearance of -- you can bring this on race but you need to have a look in the mirror because as the judge said, this has to do with your decision making and not the fact that people of different races are being empowered in your district. >> bill: that judges on the ballot as well. >> and he's also 34 years old right?>> emilylylyly: we will bu everything as it develops and we are waiting for trump trump trial to pick back up later this afternoon, they plan to resume at 2:15 p.m. eastern, both sides at that point set to discuss the instructions for the jury with the judge. the former president is expected back in the courtroom at that time and he may speak on his right and we will be keeping a close eye on his movement all afternoon keep it right here on fox news. our clients love these. you have got to read the testimonials. listen. the proper annuity used correctly can be a tremendous tool to help you achieve financial security. here are the benefits. stock market growth, protection against market losses, compound interest and no annual fees. sound too good to be true? 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a terrorist? a man who murdered and oppressed and imprisoned so many, what is next, will the council hold a moment of silence for bin laden? or they be a vigil for hitler? we would not be surprised. >> he race is a powerful point amongst those standing with u.s. deputy and standard to that u.n. rabbit would. >> bill: wow, i didn't catch that but i did know that there were 200 people who have -- including women and children people who have been murdered or executed a year ago. in the year before that. i think what this comes down to is that the array you embrace the government from iran, what are you get again? this is what you're left with. this is a direct result of the ukrainian war. when putman went into the ukraine, we forest every country in the world to pick a side. and russia went with iran and north korea and china and now you have this. >> emily: you would expect from the u.n. seems that their sole purpose is to target israel from the united states however i was state department and the united states expresses its official condolences for the iran president, the butcher. >> harris: is like not putting your own interest, and do not often say that i want the world to see less of the united states, i want the web to see more of us because i know what we can do as a nation. but i'm questioning whether or not the conduit between us and the rest of the world have to run through nato. i am confused about what we get out of it and i know what we put into it and we give it neutral soil and i have real questions now about nato. >> martha: about the people who have been imprisoned, women who were not wearing a job with chase brown and beaten in the street, one of them a young womn a hospital this is the regime of ebrahim raisi and no i don't think any member of the u.s. delegation should stand for even a moment in silence for this man's memory. >> what do you expect from a global body who had condemned israel more times they have condemned china and the islamic republic and also russia and also more put together? 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