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tv   The Last Word With Lawrence O Donnell  MSNBC  May 16, 2024 7:00pm-8:00pm PDT

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that is our show for tonight. now it is time for "the last word with lawrence o'donnell."
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it is good to see you, my friend. >> it has been a while, alex. this is the courtroom roundtable tonight. everyone joining me of course was at the courthouse and it will basically be the gabfest we would have hanging around in the hallways. >> can i just say, we didn't talk about this on our show, but trump ordered 14 pizzas for lunch. how many pizzas did you have? >> zero. i did not know where the pizza was. you know, he is not the best at sharing, i guess. >> i mean, who even likes a chicken ranch pizza? that was one of the orders. i am excited to see your courtroom gabfest. have a good show. michael cohen was on the witness stand for 4 1/2 hours today. he was as steady and calm and as unfailingly polite as he has been throughout his testimony, to virtually everyone's surprise. the politeness seems genuine. he says yes sir and his answers to donald trump's lawyers cross-
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examination questions. there was even a moment where the politeness went both ways between donald trump's lead criminal defense lawyer todd blanche after michael cohen gave a detailed explanation of the new york city taxi business, including the regulations of the taxi and limousine commission back when michael cohen owned very valuable taxi licenses. todd blanche said, quote. understood. thank you. to which michael cohen said, you're welcome. and they both seemed to munich, which brought hints of smiles to the faces of some of the jurors that how polite the politeness could be. todd blanche smartly went out of order in his questioning of michael cohen, out of sequence. assistant district attorney susan hoffinger, who did the direct examination of michael cohen, took them through the chronological story of his life
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before donald trump and then his life with donald trump, ending with his life of crime and guilty pleas and admissions of perjury. in that chronological flow over 11 years, his story of lying for donald trump to protect donald trump made since as his role as donald trump's personal lawyer and fixer. lying for donald trump is what got michael cohen indicted. when you take michael cohen's lying out of order, as todd blanche did, it is a much messier story and harder to follow. the incentives for lying are deliberately left out in the flow of questioning that todd blanche chose. the problem for todd blanche during at least four hours of questioning today is that it was covering ground already covered by the district
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attorney. so every lie that todd blanche was underlining to the jury had already been revealed to them in the district attorney's direct questioning. about five minutes of that questioning, maybe as much as 10 by todd blanche, right before the lunch break today, paid off in the way that every criminal defense lawyer is hoping cross-examination questions will pay off. todd blanche pointed michael cohen to a phone call logs that the district attorney used to identify a phone call between michael cohen's phone and his bodyguard, keith schiller's, phone. here is how that testimony went on monday with assistant district attorney susan hoffinger about that phone call. question. let's take a look at the call on october 24 at 8:02 p.m.
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do you see that call? answer, yes, ma'am. question. was it 8:02 p.m.? answer. yes. question. do you know why you were reaching out to mr. schiller in the evening? >> yes. question. why? because i needed to speak to mister trump and i knew that keith, keith schiller was with him. question. why did you need to speak with mister trump? answer. to discuss the stormy daniels matter and the resolution of it. and did you have an understanding about whether during that conversation resolved that, you are moving forward to fund the deal? answer, yes. that was then under direct examination. today todd blanche revealed some text by michael cohen about an hour before his call to keith schiller's phone. those were to and from a phone
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number that had been making harassing phone calls to michael cohen and the person sending the text eventually apologized to michael cohen and claimed to be 14 years old. today, question. do you recall at 7:48 texting keith schiller about this 14- year-old, do you recall that? answer. i don't recall. question. do you recall texting keith schiller at 7:48, who can i speak to regarding harassing calls to myself and office, the dope forgot to block his call on one of them, you don't recall that? answer, it sounds right, yes sir. question. you recall your initial text at 7:48 and then he says call me, to you, right? answer, yes, sir. question, when you testified on tuesday that you had a specific recollection of that one minute and 36 second phone call was
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not with keith schiller. you finalized the deal with stormy daniels and you said we are going to move forward and he said yes because you kept him informed all the time. that was your testimony, right? answer, that's correct. question. that was a lie. you were actually talking about the fact you are getting harassing phone calls from a 14- year-old, correct? answer, part of it was the 14- year-old, but i know keith was with mister trump at the time and it was more than potentially just to this. that is what i recall based on the documents i reviewed. question. that is not what you testified to on tuesday. you said you had a recollection of a phone call on a over 24 where you called mr. schiller and he gave the phone to president trump and you told president trump about the updates, that you are moving forward with the funding and he
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said okay, go. that was a lie. you did not talk to president trump on that night. you talked to keith schiller about what we would just went through. you can admit it. answer, no sir, i can't. i'm not certain that was accurate. question. you were certain it was accurate on tuesday when you are under oath and testifying. you were certain it was accurate. you had a phone call to president trump, but now you are saying you are not certain it was accurate. answer. based on the records i was able to review in light of everything going on, i believe i also spoke to president trump and told him everything regarding the stormy daniels matter was being worked on and it is going to be resolved. question. we are not asking for your belief. this jury doesn't want to hear what you think happened. objection. the court, sustained. michael cohen adjusted his testimony to say that he probably first said something to keith schiller about the
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harassing 14-year-old, before talking to donald trump to get his approval for the stormy daniels deal. michael cohen said i always ran everything by the boss immediately. and then it was time for the lunch break. todd blanche handled those few minutes with cross-examination very effectively. very effective in the courtroom. that phone call at 8:02 p.m. is not the only part of michael cohen's testimony that delivers donald trump's approval of the stormy daniels deal. earlier, in october, 2016, donald trump said just pay it, just do it, according to michael cohen's testimony to the district attorney on monday. here is that testimony from monday. question, what, if any, additional pressure did you feel to close this deal with stormy daniels as a result? answer, because the daily mail
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was in play and they were anxious to sell the story. question, did there come a time after that, again, still in october, 2016, that mister trump expressed to you he could no longer delay this transaction? answer, yes. question, and describe that conversation you had with him. answer, he stated to me that he had spoken to some friends, some individuals, very smart people and that it is $130,000, you are like a billionaire, just pay it. there is no reason to keep this out there, so do it and he expressed to me, just do it. go meet with allen weisselberg and figure this out. question, following that conversation with mister trump did you in fact have discussions about trying to figure out how the payment would be made? answer, yes. todd blanche has not asked a single question about michael cohen's discussions with allen weisselberg to arrange payment of hush money. todd blanche told the judge
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today that he would use about two hours to finish his questioning on monday and todd blanche will surely then try to create reasonable doubt about that meeting that michael cohen described where allen weisselberg handwrote the payoff plan on the left side of that bank statement of michael cohen's that showed michael cohen's $130,000 payoff to stormy daniels. todd blanche is going to have to come up with an alternative explanation for the $1 written in allen weisselberg's own handwriting on the document. a document which michael cohen says they then brought into donald trump's office and discussed with donald trump, that very document. the three of them in the room, looking at that document.
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donald trump, allen weisselberg, michael cohen. in this trial, michael cohen will be the only person who was in that room it will -- room who will offer under oath testimony about that room. the defense indicated there is no plan to call allen weisselberg to the witness stand, who could conceivably testify on behalf of donald trump and maybe say that meeting never took place. that testimony is not going to happen. the defense has all but admitted to the judge that donald trump will not testify, so the jury is going to be instructed that the lawyers questions are not evidence. testimony by witnesses is evidence that the jury can accept or reject, but questions by lawyers are not evidence. questions by lawyers proved nothing, so todd blanche's big moment today where he raised his voice to the loudest level we have heard in that very polite courtroom from anyone in
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that room, saying to michael cohen, that is a lie, is not evidence in this trial. the jury will be instructed to that effect. the only actual evidence we have in this trial about that 8:02 p.m. phone call is what michael cohen has said about that phone call. donald trump's lawyers could call donald trump's bodyguard to testify under oath about that phone call, but they have indicated that they will not call keith schiller. and so a loud and jarring and very effective question was asked by todd blanche before the lunch break today, but it is not evidence. there were other moments that todd blanche had today that are, to put it mildly, perplexing. todd blanche said something about karen mcdougal that undermines one of the pillars
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of the defense. karen mcdougal was the play-by- play model who had a long-term affair with donald trump and her story was then suppressed by the national enquirer on behalf of donald trump during the campaign when the national enquirer paid karen mcdougal $150,000 for her life rights, so the national and buyer could then kill that story, prevent it from ever coming out. todd blanche actually said to michael cohen that donald trump, quote, didn't think this story would hurt him. what about the milani a defense? the defense position is that whatever donald trump did in relation to the karen mcdougal story or stormy daniels story was all about protecting the feelings of his wife, not protecting his presidential campaign. todd blanche said in court today that donald trump did not think the karen mcdougal story would hurt him. why? because she wouldn't care?
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because she knows this is what her husband is up to all the time? at 3:43 p.m. today, just before the end of michael cohen's testimony for the day, todd blanche said to michael cohen, quote, president trump reimbursed you from his own funds. answer, either from president trump's own funds or from the trust. so todd blanche admitted in that question today that donald trump reimbursed michael cohen. the reimbursement has already been proved beyond a reasonable doubt in another case, in a civil case in california. donald trump admitted that he reimbursed michael cohen $130,000 for michael cohen's payment to stormy daniels. that is a settled legal fact, but todd blanche doesn't seem to think so, because in his opening statement to the jury, todd blanche said you are going to learn that this was not a
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payback. the $35,000 a month was not a payback to cohen for the money that he gave to ms. daniels'. todd blanche has not proved that. todd blanche has not asked a single question about the money michael cohen received, for which michael cohen says he did absolutely no work and that it was, indeed, payback for which michael cohen has provided allen weisselberg's handwritten notes. calculating the payback. so the essence of the charges in this case have not been touched by todd blanche is cross-examination yet. this is a case of falsification of 34 business records, which were falsified as part of a conspiracy to illegally affect an election. donald trump's handwriting is on 11 of those false business records.
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the 11 checks made out to michael cohen. there is nothing in cross- examination that is going to get donald trump's signature off of those checks. 12 other falsified business records according to the indictment are ledger entries in the trump bookkeeping system. no, donald trump did not personally make those ledger entries in the bookkeeping system. the bookkeepers who made those entries have testified about how they made those ledger entries, but the law that donald trump is accused of violating makes it a crime to falsify or cause to be falsified in the new york business record and the other 11 falsified business records in the indictment are michael cohen's invoices that michael cohen sent to the trump organization for his reimbursement. how did michael cohen's invoices that he created become donald trump falsified business
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records? because the trump organization foolishly, as a legal matter, requested those invoices from michael cohen, who had no expectation or intention to have to provide invoices for his reimbursement. after a trump financial official requested invoices from michael cohen, michael cohen sent those invoices and what made them falsified business records of donald trump's is that those invoices were then attached to other falsified business records in each one of those payments. those 34 falsified business records according to the district attorney are the crimes that are charged in this case and todd blanche has yet to say a single word about a single business record. that the district attorney says
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is falsified. and so the stories of weathering cross-examination of michael cohen today are, if you know anything about what the word weathering actually means, not true. it was an excellent cross- examination for 5 to 10 minutes, excellent, and then it was another four hours and 20 minutes where michael cohen continued to hold his own in his way in a case that is not so much about michael cohen as it is about 34 pieces of paper that no one on the defense team has had much to say about and as it stands now the only actual evidence before this jury about how those 34 pieces of paper that the district attorney calls falsified records got created is that donald trump said, just do it. andrew -- andrew weissmann,
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adam klasfeld, lisa rubin, all in the courthouse with me today. they join us next. ♪ control is everything to me. ♪ feel significant symptom relief at 4 weeks with skyrizi, including less abdominal pain and fewer bowel movements. skyrizi is the first il-23 inhibitor that can deliver remission and visibly improve damage of the intestinal lining. and the majority of people experienced long-lasting remission at one year. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. ♪ now's the time to ask your gastroenterologist how you can take control of your crohn's with skyrizi. ♪ ♪ control is everything to me. ♪ ♪ learn how abbvie could help you save.
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earlier in the trial an audiotape made by michael cohen was played where donald trump talked about the possibility of using cash for taking care of some of these problems in his life of women telling stories about him and it turns out today cash doesn't mean cash according to todd blanche's cross-examination of michael cohen. question, you testified about a comment made in response to a question about financing and you say, president trump says, what financing? then there is a comment made about cash, right? michael cohen, yes sir. todd blanche, and when he says cash, he's not talking about benjamin's and green dollar bills, right? he is talking about paying for
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something with cash, not financing, correct? michael cohen, no sir. leading off our discussion to find out what cash is, andrew weissmann. he is a msnbc legal analyst and co-author of the best-selling book, the trump indictments. also with us is adam klasfeld who was in the courtroom today with us. and lisa rubin, also with us in the courtroom. msnbc legal correspondent. we were all there. every minute of it. this thing about cash turned out to be interesting. it was an angle i have not thought of. what todd blanche meant was there are rich people like donald trump in new york and they talk about buying apartments for $5 million and they say it will pay cash, i'm not going to finance. we know that they mean a check when they use cash in that way. the way we have all heard the word in the audio tape was this was payoff cash. but todd blanche says no, no
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benjamin's involved. >> that was not the argument. i mean, he tried. i think people should understand as a defense lawyer, you have a lot of irons in the fire and the main issue is to recover and to move on. so he planted the idea at least in the jurors mines and got an answer, which is no. cash is cash. to me that is a very damaging statement. i wanted to comment on your opening because one way i don't agree to it completely. >> our opening statement to our jury of millions. >> exactly. one way to think about it is did todd blanche today create reasonable doubt as to what precisely happened on the call
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on october 24? i think the answer to that is, yes. we know it had something to do with that harassment call, but that is clear from the context that was presented. whether it also included a conversation with donald trump is something that you could be like i don't know, i don't know if that's right. that is not an element of the crime and i remember during direct examination, that is not even that important of a phone call. the 26th is the key date because there are calls between cohen and trump and those are the calls right after which the $130,000 is paid. that, by the way, michael cohen can vanish from the face of the earth and that is still the case and still happening at a time that we know that stormy daniels and her lawyer is saying we really want the money, really want the money, really want the money and donald trump is saying, see if you can delay it, see if you
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can delay it, see if you can delay it after the election. when push comes to shove and they couldn't go any further you had these phone calls and the payment. that, to me, was a much more critical time and i think if i had to fault the prosecution and how they presented the defense, because i really think michael cohen has been excellent on direct and on cross and being upfront with all of his warts and all. sort of trying to tie michael cohen specifically to precise dates and times when he was clearly saying i think that's the call. he knew what the substance was, but tying him to the exact phone record with an exact time i think is a mistake, because i don't even think it is normally how memory works unless there is something unique that you remember about it, such as october 26 you remember, yes, those phone calls happened because i remember i would not do it until donald trump said
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yes, then i could wire it. >> lisa, the way i watch trials is like baseball. it is like innings, you know, and this is the first inning where the defense had a good inning. every other inning has not been good for them until today. >> i think that is right and they believe and i want to emphasize the word believe that they also had a second good inning toward the end of the day where they elicited the number of admissions from michael cohen that are critical to the narrative that they want to tell and that includes there is nothing wrong with a nondisclosure agreement. there is nothing wrong with not having a retainer agreement and you never had a retainer agreement with anyone whose last name is trump or the trump organization itself. there are a number of other things they wanted to get from him and they did because he was tired toward the end of the day. one of the others is a statement that he made in february, 2018 was correct from top to bottom.
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that statement not only contains things that are technically true, although misleading, like the trump organization nor the trump campaign repaid me, but also says at the bottom something that could be damaging, which is just because something isn't true doesn't mean it can't be very damaging. i will always protect donald trump and they asked him, is this statement still true today? he said yes. watch for that to come back in the closing. >> adam, that is one of those items that had already come up by the prosecution, so to me i was wondering, what is the impact of it when we see it again. we've already's unit and we know why he said it. he points out that it is true that the trump organization and trump campaign did not reimburse me, donald trump did. so we've seen it before, but it is one of those things that todd blanche didn't try to lean on at the end of the day.
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>> absolutely and what he is aiming for is an element of surprise, as you said in your opening, he achieved that toward the end of the morning session before the lunch break. there was another moment where the defense tread some grounds that the prosecutor didn't prepare michael cohen for and it was one of his statements to congress when he was talking about his pardon and he said that i have never asked for, nor would i accept a pardon from president trump and was very assertive and todd blanche pressed him on it and he got him to admit that was not true. he actually sought a pardon from two other lawyers. so that was a moment where he landed a small blow. i will say also, you could see a little bit of todd blanche, the former president -- former federal prosecutor today.
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there were two slips. he called michael cohen the defendant, display some evidence for the defendant. if you look at the transcript in the beginning, during a sidebar conversation he slipped again. he said your honor, we have provided all of the clips to the defense and then the prosecutor interrupts, to the prosecution. thank you. that's okay, that's all right. i feel the same way, sometimes. >> the bench conferences are big discoveries when we get these transcripts. andrew, in most cases if you can take a witness and knock him off his position, with the example of michael cohen saying emphatically i would never ask for a pardon, would never accept a pardon and then you discover he discussed a pardon at one point with one of his lawyers. maybe the lawyer could make an inquiry about that. that is the kind of inconsistency that can really
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rock a witness, but michael cohen is inconsistency. the jury knows that. he is like the human definition of inconsistency and they have been living with him for a few days now, so there is a certain amount of bravado that he has. they have heard pieces of his broadcast -- his podcast where he is wildly on the profane, bravado edge. i'm wondering if a jury can get accustomed to michael cohen enough to go, of course he is going to say that about a pardon and of course he will want a pardon, but the real thing is the $130,000 in allen weisselberg's handwriting and he got the money and he paid stormy and that is what the case is about. >> it will be interesting to see how josh steinglass -- who will do the summation -- how he deals with that.
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i think your point is that he really needs to be an adult about him and say, first of all, the standard argument, which is totally true, the prosecution did not pick this witness. you know, he is a creature of trump world. he worked for the trump organization and this is exactly who they are getting as a lawyer and what would happen with anybody who flips. they are going to have a huge amount of baggage and we all knew that. i think it really will be about, you know, yes, he has bravado, but more than that, does he not really come to terms with his own ego and motivations and can you see through that and is he capable of being, at times, what you heard on the podcast? i think of to be like he is a complicated figure and no one is asking you to like him and no one is asking you to believe he is a truth teller. up one side and down the other
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the issue is this story. think about what you knew before he took the stand. think about all of the facts up to that point and then let's go to the key things he is saying. do any of you think that this does not make sense? i read a piece in the new york times about this, because it would be so incredible for his story to be anything else. to say i did not tell donald trump and i somehow, somehow managed to get allen weisselberg, with whom i am not aligned, to also not tell him and there is the tape recording about cash. just as one thing. donald trump admitting that he reimbursed the stormy daniels payments and you piece that together and say although he is of course a liar and has done all sorts of terrible things, in all sorts of ways, on this
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he is actually believed. >> we will keep this conversation going during this commercial break. we will keep one of those cameras recording. we will post the commercial break conversations online later, just like the courtroom transcripts come out later and you get to read the bench conferences. we will have our bench conference right now and we will be right back. t back. >> tech: need to get your windshield fixed? safelite makes it easy. you can schedule in just a few clicks. and we'll come to you with a replacement you can trust. >> vo: schedule free mobile service now at safelite.com. ♪ safelite repair, safelite replace. ♪
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andrew weissmann, adam klasfeld, lisa rubin. we have put in a long day. a piece of the transcript. question, you blamed a lot of people over the years for the conduct that you were convicted of, correct? michael cohen, i blamed people, yes. you blamed your accountant, correct? answer, correct. and at times you blamed the bank even. correct. federal prosecutors? yes sir. you blamed the judge? yes sir. you blamed president trump. >> yes sir. there is that linkage that this guy has grudges against people who blames people for things they are not responsible for. that federal judge he blames for him being prosecuted in such a rough way. that is as crazy as blaming donald trump for paying off stormy daniels. >> i will say this, totally
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michael cohen is a very different witness than he has been in previous proceedings and whether or not he is yet psychologically at the point where he is willing to stop casting blame at other people's feet, he is justified in casting blame at donald trump's feet and his anger is palpable, but also understandable. you and adam and i shared a car earlier today and i was expressing that while they are trying to paint him like this very interested witness, his desire for retribution is intelligible in light of the fact he is the only person in the scheme who served time and was convicted. not only did he serve his time, after he was released to home confinement because of covid when he wanted to write his book and start podcasting, the justice department found a way to send him back to prison for 51 days in solitary confinement. he has a grudge and justifiably so. he was denied his liberty and
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they literally said it was retaliatory. if the prosecution can draw that out, some of the garage bearing, maybe not against the accountant or the bank, but some of that is very much inexplicable and relatable. >> todd blanche says he has maybe two more hours of cross with michael cohen and then presumably the district attorney will do redirect. what does the district attorney do after this cross-examination? >> the key is really going to be, i think, about this call. i am really not sure how to do it, because i really think -- >> let me get something straight. the best practitioner we can find is sitting at this table, who has been on the prosecution side of the table, the defense side of the table, and you are not sure what to do next?
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>> i'm not and i will tell you why. one way to deal with it is you sort of talk about the fact that if you are going to make this up, this is not the one to make up. two days later is the critical call, if you were to think of any critical one that is the go ahead with the payment. the ones in the white house are really important because they go to the repayment scheme, which is what is charged. this does carry weight if he is getting it wrong. so i think you have to explain that piece of it, but here's the problem if you focus on that. it is kind of focusing on the assistant district attorney's mistake. i think that was a mistake to present, to tie him so closely, and honestly he was wrong to say that but if you look at the direct he is really saying this is what happened and she is the
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one that said it must be this call. that was the problem, because, by the way, if you look at october 25, the very next day, there are a whole bunch of other calls. again, how it is known that it is this one. i think i would try to say something that michael cohen said on cross-examination, which is i remember the substance of the calls. i remember when they happened, but other times when it happens isn't the key. i remember what was said, because they were really important. >> adam, what is jumping out at you from the transcript? adam is in the courtroom, typing furiously, sitting right beside me and i am sitting there taking hand notes the old- fashioned way and a notebook and we can't get every word. so there are always little discoveries in the transcript. >> right. well, there is one that accentuates and explains his
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feeling toward todd blanche. lisa, you said earlier that it is unclear whether he has grown in that respect. not with the southern district. he was asked by blanche, you say you want the truth to come out about prosecutors in the southern district of new york. we are corrupt, right? correct. in addition to the prosecutors you also believe the judge is corrupt, as well, correct? objection your honor, overruled. i have said that, yes. he goes on. he is deceased, by the way. judge polly, that is. you believe judge polly was in on it. you've said it. yes. do you believe he was in on it? i do. so he still holds this grudge and this is something if you go earlier in the transcript this was from one of the statements
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he made in april. >> shockingly recent. i have to squeeze in another commercial break and we will continue the discussion during the commercial break. we will be right back. . it's just real food. it's an idea whose time has come. life, diabetes, there's no slowing down. each day is a unique blend of people to see and things to do. that's why you choose glucerna to help manage blood sugar response. uniquely designed with carbsteady. glucerna. bring on the day. i'm adding downy unstopables to my wash. now i'll be smelling fresh all day long. [sniff] still fresh. ♪♪ get 6x longer-lasting freshness, plus odor protection. try for under $5! when enamel is gone, you cannot get it back. but you can repair it with pronamel repair. it penetrates deep into the tooth to actively repair acid weakened enamel. i recommend pronamel repair. with new pronamel repair mouthwash
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shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after getting shingrix. fainting can also happen. the most common side effects are pain, redness, and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. ask your doctor or pharmacist about shingrix today. are you still struggling with your bra? it's time for you to try knix. makers of the world's comfiest wireless bras. for revolutionary support without underwires, and sizes up to a g-cup, find your new favorite bra today at knix.com still with us, andrew weissmann, adam klasfeld, lisa rubin. we were all at the courthouse today. lisa, you have seen michael cohen in court where i never did and that was the civil fraud
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trial. it was apparently a completely different michael cohen. i'm trying to figure out, what changed? who got to him? he has the same lawyer now that he had then when he was a very messy witness. >> so, i think a couple of things. i think the amount of time the district attorney's office invested in michael cohen has been significant. although i can't say for sure and i don't have insight into what the attorney general's office did with him, my sense is that the da's office has done a better job putting their arms around michael cohen, owning him as their witness and ensuring he is well prepped for today's testimony. that might have been less true with the attorney general's office and said that casey was far less important witness and that is with the caveat that i agree to to some extent that michael cohen is not as critical here as people think he is. certainly he was a minimal figure and the disparity in
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prep may have accounted for that. the other thing is i think that michael cohen did not see it coming at him. while todd blanche had one moment where his voice was at a 10 or 11, it must've been disorienting. it was like watching michael cohen against the new michael cohen in that trial and then the lawyer could not help himself. frequently in that trial he literally answered questions to him as a witness with a response that only a lawyer is supposed to give in court. he would say asked and answered. >> he would object. >> he would object himself and because he was not represented, there was no one to act for him. i think he felt exposed and unprotected and so that might be what accounts for some of the difference. that and additional time. he learned from that
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experience. he says in the ruling, not everybody finds michael cohen credible. i will side with him here, but that is also a warning to michael cohen. you are not always on the right side. >> and what he is doing on the witness stand does not come across as performance. i am not saying it isn't, but it does not come across that way. it comes across as this is the way he really is sitting here now, talking about this. he is not a good actor. there is no way he can come up with this as a performance. >> i agree and i don't mean this with disrespect, but some of the best witnesses when i was a prosecutor, i remember having an organized crime figure who was really not smart and it was so great, because there was no way that he was going to be able to lie. all we said was no matter what,
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tell the truth. it does not matter what the answer is, just tell the truth. because things are going to come up that you can't plan for and whatever it is, it doesn't matter. he was so credible. wouldn't you do anything to get your money back? he was like, i would say anything to get my money back. so i am not saying michael cohen is like that, but i did not get the sense that he is such a genius that he was going to be able to come up with this stratagem that accounts for all of this evidence and somehow donald trump did not know. i had the same reaction. i know what the issues are, but he seemed, in terms of admitting what was going on, he seemed really good at just answering the questions and by and large owning what he did. >> and quickly before you go,
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if anything was going to knock him off it was todd blanche reading texts between michael cohen and his daughter, which were not particularly relevant. in fact, not relevant at all to the criminal charges in this case that had to deal with michael cohen's hopes and he stayed steady through all of that and that is a new michael cohen that can handle that. >> absolutely. that is the word of michael cohen's testimony and i will say that one thing blanche constantly said was that was a lie. it did not shake cohen. he admitted it twice and the other times he made little clarifications. >> andrew weissmann, adam klasfeld, lisa rubin. it has been a weekend thankfully we don't have to go back to the courthouse until monday. we needed that rest. we will be right back. ht back. ♪ at each day's start! ♪
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