cross-examination or when they do it 2:15. paul, where would you start? >> i think one of the things they're going to do aside from this idea there is nothing connecting donald trump to a fraudulent intent because you need intent to real quick room for something else, everything donald trump seems to have done here including the tapes is he did it on advice of his lawyer. who was his lawyer? michael cohen. >> who he trusted. a confidential relationship. >> this will get brittle this afternoon. i think this will be really, really interesting. we will all be leaning in. >> so well michael cohen. no doubt. thank you so very much for watching this our of our coverage today. so, again, 2:15 p.m. pop your corn in the moment it starts michael cohen cross-examination by michael dell mike trump's attorneys. "america reports" now. >> you ask me questions i'm not allowed to respond.

the easiest questions that could possibly be asked. only a guy like michael can answer those questions. >> they have him tied up in this ridiculous prosecution that is not about dresses. it is all about politics. >> it is election interference and it's tying up the president from being out of the campaign trail. >> this is a sham and that is the only thing this is. >> it's a joke, a farce, a travesty, we are better than this as americans. >> the only thing more depressing then this court room is what is happening in there. >> it's a scam it's election interference at a level that is never taken place before and if you don't mind i'm going at it the icebox to sit for a long time. >> former president donald trump getting a huge show of support by allies in washington as the unprecedented criminal trial continues in lower manhattan. the court is on lunch break at this moment. that was the former president departing just a few moments ago. we just saw him walk out of the

courtroom and 1 quart resumes cross-examination will begin. we look forward to that moment indeed hello and welcome everyone i'm sandra smith in new york john, hello. >> john: known as anything good to say about the courtroom itself i find it interesting, i'm john roberts a missa "america reports." michael cohen is back in the stand, he has been portraying himself as trump's go to fix or. >> sandra: during today's testimony he admitted to phony invoices to cover up payments he made to stormy daniels to testify he lied about it in order to "protect trump." >> john: will be jury see him as a credible witness? we will ask us cohen's attorney davis. but first carry herb on who's been at the courthouse all morning. what do you make at the courthouse today? >> the prosecution has taken its

time painstakingly and plotting me going through all of michael cohen's history both of donald trump before and after. one thing that was very clear and they intentionally drew out probably knowing that the defense will hammer him on this this afternoon and thursday on cross is how much he lied. so many statements he put to the media come to the courts, to congress that were just not t true. yet now he is saying everything i'm saying is true so that is something that the jury will really have to contend with when closing arguments are made. just because he has an incredible history of lying. the other thing i will say that is interesting is heat -- and i was not aware of this and i know it has been publicly reported before but i did not realize he provided false information to special counsel bob mueller's team and he said because it was "still holding onto royalty for donald trump." 's the reason some of this is hard to believe from cohen when he said he had disloyalty and i'm sure he did was that donald trump is not forcing them to do any of this.

when he made a decision and he did throughout the years to live for him, to bully people, to a do all the things he did to execute assigned tasks trump gave him those were his choices. now why he made those choices is unclear. maybe he was striving off the affirmation trump gave him which seem to mean the world to him when trump gave him a complement. he also obviously like the access to power and when he became his "personal attorney" when trump became president he was able to make millions of dollars in outside consulting gigs he would not have otherwise made and that he te testified at today. >> sandra: we now wait over an hour from now the cross-examination of michael cohen will begin. what do you anticipate we will here come from that? >> i think the defense is really going to just go through all these inconsistent statements that he has made over the years. if you have lied about something that specifically here being donald trump had nothing to do the stormy daniels payment you lie about that for years and

years and suddenly say it's not true that's obviously a real point of vulnerability. the other thing the judge raised and was very clear about this during argument was that michael cohen's guilty pleas throughout the years cannot be used as evidence of donald trump's guilt and it cannot be determinative of a guilty or not guilty verdict when it comes to trump. now the reason that matters is because don't forget michael cohen pled guilty to not just tax evasion but unlawfully contribute into a campaign. it to lying, to all of these things. and the judge was very clear saying look, i am introducing these things into evidence. i am allowing this so you can consider his credibility but it cannot go to whether or not trump was guilty of the same crimes. >> all right. >> carry urban for us. >> sandra: thank you. michael cohen's attorney and special counsel for president clinton. lainey, great to have you. here we are an hour away from

this cross-examination it's going to be a big moment in this trial. day 17 of it by the way. but who is counting? what happens next? >> eyes side because of the members of the night before the testimony on february 22nd 2019 live under oath on international television with none other than jim jordan and mark meadows future chief of staff to of course president trump and that was a tough experience because he was being provoked for that without a judge there to try to be the arbitrator of fairness. and he was attacked, there was a sign on the wall that said "liar liar pants on fire" so he has been through this pretty badly once and then the second time cross-examined by trump attorneys in a courtroom with the new york attorney generals financial fraud trial. it was pretty vicious and pretty tough and he held his own but i hope today he will be, as we

discussed two nights ago, quiet, direct, owned his lying, own his sins, and then answer the question. >> john: and if that is the case i've had some phone conversations with michael cohen were you challenge him a little bit and he turns vicious from time to time. i want to play what speaker johnson said about your client and the 10:00 hour this morning. >> this is a man who is clearly on a mission for personal revenge. and who is widely known as a witness who has trouble with the truth. he is someone who has a history of perjury and is well known for it. no one should believe a word he says today. he lied to congress, he lied to the irs, he lied to federal election officials, even cohen's own lawyer testify to a grand jury that he is not reliable. >> john: what about that? i rode it all down he lied to congress, lied to the media, including me, he lied to muller, inc. thing the fcc, lied to the

irs and a bank to get that home equity line of credit and a convicted felon that spent time in prison for all of those lies. why should the jury believe a word? >> first of all the jury has to make their own mind up with the truth. elijah cummings and a committee that he shared on live testimony. pronounced that at the end of the hearings in a very moving way but in his speaker to talk about wyoming when he is at the supporter of one of the biggest lies of all which is not accepting the defeat by donald trump. and of course there was no lawyer testifying in front of a grand jury. this individual that the speaker just referred to was not mr. cohen's lawyer. mr. mcgarvey having just about marjorie taylor greene looks like he is stretching the truth to be partisan the very time partisanship should not be addressed so right now we should

not have a partisan cheap attack or that individual will not be speaker without those supporting him. >> and mccarthy would still -- >> book two are very similar but i meant johnson. >> sandra: owes fascinating today looking back on some of the things with michael cohen in the past specifically his testimony before congress in 2019. and how the entire point of the prep was to teach him to keep his cool and how he struggled to do that. i wonder what insights you can give us on how he prepped for the moment that is about to happen at 15:00 p.m. today. >> yes let's all identify it is not just michael cohen that has a hard time keeping his cool when he is being personally attacked. and under these circumstances it is not going to be easy for the rest of the cross-examination.

but he raised himself up and he stood up to the challenge and testified before congress and the ag trial. where is mr. kirk trump? he promised he would testify. did johnson remind donald trump he promised he would testify on this channel of all with some trump supporter's watching? do you take donald trump at his word? he gave his word that he would testify so maybe the is not the day. mr. trump i welcome you are doing what michael cohen is willing to do. stand up and tell the truth. >> john: let me get to the one of the points of the trial itself. that is whether or not trump was acting on advice of counsel when he listened to michael cohen so cohen pulled up the retainer payments with alan weiss and berg at rikers island and probably will not testify in this. of but michael cohen cooked up the payment schedule is trump

acting on advice of counsel? was it cohen who actually did something illegal and how does that illegality go to trump? >> it's extremely difficult and very rarely applied because you have to be an innocent and rely on counsel. for donald trump to prove to anyone he is innocent relying on counsel would be rich as i just said. about senator -- >> johnson. >> yes johnson i keep thinking mccarthy. but the piece of paper i first saw over a year ago when we were first being presented with all the evidence preparing for this, it is very, very to mr. trump. it's in weisel berg's handwriting so you know he is in testifying it is incriminating. i promise you they will look at that piece of paper. on that piece of paper all of the amounts that add up to $430,000 including the 132 stormy daniels.

and then divided by 12. the president of the united states in the oval office we have had testimony undisputed that checks out for my $35,000 a month from his personal checking account. can you imagine if a democratic president -- what with the speaker be saying today if it was a democratic president who wrote out checks from his personal account for hush money? so right now we have very devastating evidence from weisselberg. >> john: are you sure he is not going to testify? >> i was told when it comes to mr. weisselberg. >> sandra: if we have something from turley that will begin an hour from now about the cross-examination he asked the question many of us are asking right how badly this cross-examination would be for michael cohen after lying to congress come up courts, banks,

and everyone else he writes it will be bad is a reckoning of biblical proportions. can we get your last thought? >> i know he does tend to use matter for us like biblical proportions. in the ag trial it may have been nonbiblical but it was pretty severe by the trump attorney and cross-examination. what did the sitting judge right after that cross-examination that he found michael cohen credible. so whatever they sent him today if he answers calmly and directly the jury will get an impression that i believe judge and ron got. >> john: that's what we will be look forward to. >> thank you. spewing good to see you, thank you. day two of testimony for michael cohen in the new york versus trump trial as they condemn what they call a politically motivated case our laura ingraham has been watching the testimony directly and she will break that down what she

has seen and heard so far standby. >> the white house has the same strategy for president trump and president biden to give them both off the campaign trail. i mean, they want biden off work trump off but i think it's backfiring.

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her uncle's unhappy. i'm sensing an underlying issue. it's t-mobile. it started when we tried to get him under a new plan. but they they unexpectedly unraveled their “price lock” guarantee. which has made him, a bit...

unruly. you called yourself the “un-carrier”. you sing about “price lock” on those commercials. “the price lock, the price lock...” so, if you could change the price, change the name! it's not a lock, i know a lock. so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. >> john: testimony in the new york versus trump trial will continue soon as the defense get sent to take its term questioning michael cohen. cohen testifying earlier today about maine for president trump of the white house and detailing how he was reimbursed after making the stormy daniels payment. laura ingraham is host of the ingraham angle also white-collar criminal defense attorney and clarence thomas, she has been inside the courtroom for today's proceedings and joins us now outside the courthouse. i don't know if you got a chance to hear from davis but he said if michael cohen could retain

his composure under cross-examination he will be a credible witness for the jury. what do you think? >> what did you expect davis was going to say? come on, guys paired what i tend to end this is what i did when i was a practicing attorney just a few blocks away as a law clerk at the federal courthouse, you have to look at the statute, what is the statue charge? i know it is a novel thought to look at the crime at its 17-152 in the new york that the bootstrap crime they are trying to knock off to the felony from the falsification of business records. that requires intent. the intent requires the prosecution show donald trump not only intended to falsify these ledger entries which are administrative ledger entries for how these were made they intend to do that with the

intent to commit a state campaign violence but you didn't see i saw it in course judge juan merchan that sustains the objections michael cohen being asked to do think he committed a campaign finance violation or paraphrasing of that effect and the judge sustained that. why did he sustain that? because that is the whole point of this case, right? under this theory of novel application of this particular law donald trump needed to intend to commit a state campaign finance violation of the federal election which is, what? the fec, federal election commission which we all know by now declined to prosecute this case though while there is a lot of interesting nuances of home michael cohen felt slighted and how we felt he was getting subliminal messaging through these tweets. the bottom line which they did not address the intent to

falsify an end tent to make entry with the intent of this crime and concealing it has not been demonstrated, this has not been shown. sorry, what lanny, nice try. >> sandra: laura, great stuff and what kind of color can you give us from inside the courtroom? nobody seems as john noted at the top of the hour no one has anything nice to say about what it feels like in there. >> well, it's a little uncomfortable migrate assistant haley gave me a thing to sit on so that helped to put i am watching the jury. it's interesting to watch the jurors taking this very seriously which is what you would hope from a jury of your peers. but to look at body language people's facial expressions it's hard to take away a lot but i will say the jurors seem to get a little weary as things went on. shifting in their seats which all of us were doing in this michael cohen drama it became

kind of a psychodrama to me at one point where he comes across as a man who wants to be loved by this big organization and wants to be loved and validated by president trump at every t turn. he was not a great lawyer. i said this repeatedly on the angle, he should not of been hired in the first place. what else was some low-level administered a person in accounting going to put on that ledger other than legal services when all of the invoices said michael cohen esquire, personal attorney for donald trump, that's what all of his invoices stated one after another went to this laborious process in court today. every single count represents another entry and another check written for a monthly retainer but this is just an administrative bookkeeping issue but alvin bragg actually believes that this is going to be his political nirvana.

and i think in the end from what i can gauge if i could look at the body language here, i don't know if he is going to get a unanimous verdict to this application of the law with no intent i could see that that is what the president intended and wanted to happen. i think the cross will be brutal this afternoon and i can't wait to eat something and go. >> john: we will let you get lunch. this seems to be a bit of a contradiction here. yesterday cohen testified we need to get rid of the stormy daniels thing until after the election because if i win it becomes irrelevant. if i lose it does not really matter. at this point where if he wins it becomes a little irrelevant so if you won the election if it becomes irrelevant why would there be a need to cover up the reimbursement to cohen? >> i think that is an excellent

point i would know that andy mccarthy has been writing about that as well but it's another chink in the armor of michael cohen as the star witness and my view comes across as obviously someone who i'm sure has remorse and the family and we had to hear about the ankle bracelet on all of that stuff. dude, don't commit tax evasion all right? and plead guilty to perjury if you don't want to do time here that's what happens when you plead guilty to perjury. remember the prosecution at one point was threatening, not this prosecution but in his case, he felt a lot of pressure it seems about his wife and what they might do to his wife. so when a husband gets his wife threatened by potential prosecution of the federal government, they will say and do perhaps just about anything. so i think you will hear a lot from the prosecution this afternoon about this man's credibility and again, the elements of the crime which a lot of people watching this in

the park and on television we don't talk about it. it's a crime if you can prove intent to commit the crime the falsification, the records to conceal the in furtherance of another time, neither has been proven they say this is a member of the d.c. and california bar though but i am an active because i'm talking to you guys. >> it is all coming shortly about half hour from now on cross examination will begin at 215 eastern time. thank you. >> john: thanks, laura. >> sandra: it is day two of jury selection and democrat senator bob menendez in trial is underway. i will report from the courthouse next. >> john: trump on trout michael cohen and the witness stand today as part of the criminal case in new york. trump attorney alina habba is up next on what we can expect for the defense cross-examining cohen.

>> the jury will be told if you believe he lied about one thing you are free to disregard the entire ceremony. i think this whole trial will come down to jury instructions. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪) i bought the team! kevin...? i put it on my chase freedom unlimited card. and i'm gonna' cashback on a few other things too! starting with the sound system... that's caaaaaaaaash. cashback like a pro with chase freedom unlimited. how do you cashback? i couldn't get my hair done. then psoriatic arthritis. cosentyx works on both for me. people with psoriasis on the scalp have a 4 times higher risk for psoriatic arthritis. serious allergic reactions, severe skin reactions that look like eczema, and an increased risk of infections, some fatal, have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to,

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>> john: right now we are waking mike waiting for michael cohen's test event to resume his expected to be cross-examined. earlier today talking about invoices stated throughout the year 2017 that he says were falsely labeled as retainer payments. fox business' lydia who outside the courthouse as she was in the overflow room today. what is the latest on that front where are we this afternoon? >> hi, there, jon perry we expect cross-examination to pick up this afternoon and i am definitely looking out for how the defense attorneys were going to handle that about cohen labeling all of those documents false because that is the quirks of this case about business

records. i think there is plenty of room here for the defense to generate doubt around what michael cohen was saying not just because he has credibility issues which we can talk about in a moment but his testimony of the very instances or circumstances around why he was calling these falsified. michael cohen talked about a meeting in trump tower with allen weisselberg from whom we have not heard of in this trial and also donald trump. michael cohen set forth the scenario in which they discussed past payments reimbursements from stormy daniels with a bonus reaching up to $124,000. and he said that allen weisselberg and donald trump believed to extend it to michael cohen into the next year, 2017 as the president became inaugurated and became the president of the united states. cohen was the personal account to trunk and as he said some of those payments were intended to

reflect ongoing legal services extended to the president. so if i am the defense attorney hearing this testimony i am going to seize on that to suggest if that was the arrangement if you had planned with the president, donald trump, could it be that the former president believed he was paying you each month of 2017 or actual legal services you were supposed to be rendering? what is important here is not what michael cohen thought and what michael cohen's a tent with respect to business records but what donald trump thought and would donald trump intended. it seems to me there is a lot of murky testimony and testimony that in fact helps the former president. you are right, john, we picked up with cross-examination later this afternoon and i expect intense questions about his credibility issues which are well documented and i will send it back to you for now. >> john: lydia who with us for the latest we will let you get inside the court, sander? >> sandra: let's bring in

alina habba former spokesperson for donald trump outside the courthouse in new york city it's a popular spot today. and for the past 16-17 days. linear thoughts as we await cross-examination to begin of michael cohen. >> if it is anything like the cross-examination that i have done myself with this witness we should be in good shape. look, the end of day is we have not heard one thing. not for 17 days just like lydia said. the one thing we are not hearing about is very simple. what did president trump do wrong question what does the books and records case of how president trump who was in the white house allegedly committed the crime. how could that have happened? i am yet to hear that. i think there's a lot of noise, a lot of a distraction, but i want to keep the american people on point. the indictment goes to his books and records crime. a book and record crime that was done at trump tower by an

accountant that booked a legal fee is a legal fee. as president trump said earlier he did not forget us construction or electrical work. it was a legal fee to michael cohen. it's unbelievable what i am seeing. there's a lot of distractions a lot of the "look at the shiny ball over there" but i assume they will rest soon and i am looking forward to us being able to put on our case. >> john: i don't know if you know, we had lena davis and he and i were talking off camera saying you were very tough in your cross-examination of michael cohen and that other case. i'm not asking you about the witness here even though i won't mention his name, i'm asking you about judge's instructions to the jury. we had an analyst that said the judge will likely instruct the jury to say if you believe that anything that michael cohen has said on the stand as a life you are at liberty to disregard his entire testimony. how do you think that instruction may play with the jury given what we have been

hearing? >> i have an issue with limiting instructions i said it before i was late again. i think it's really hard to unring bells and there. the issue is we have a jury listening to testimony whether it be struck or whether an objection is put on the record ended a sustained. i stand by the fact some of it should not come in. we have to be careful. juries are definitely there listening intently, we hope, and we hope they still listen when we put on our case but i will tell you i'm not sure limiting instruction will correct some of the wrongs i have seen. >> alina, how will you go what michael cohen here? >> the way i did. [laughter] i can't speak about the witness, he is currently under oath and we are about to start our cross-examination but we are well prepared. >> john: another issue in this case of course is the gag order that the president plans about every day he took it to an appeals court and lost.

what now? >> keep going up. that's the issue. that gag order is completely unconstitutional. i think what makes it more egregious frankly is that we have witnesses in this courtroom that have made a point of going out, being on tv, making money doing those items but we are not allowed to. president trump the leading candidate is somehow not allowed to. he is the defendant. he is the one innocent until proven guilty but they have silenced and gagged him it is so unconstitutional thank god we have levels of the justice system we can go up. i am sure we will dispute that. >> i know we will let you go they want to squeeze in a quick lunch before we head back into the courtroom, but can you give us some sense as close as you are with the former president how he is doing? >> he is great. he is doing great. i think the only thing that is really frustrating him at this

point is the fact he cannot speak more. the fact he cannot speak his truth which is the truth. as anybody in that kind of situation, that is frustrating in itself. the rest of it he is used to they've do been doing it since 2016 when they came down the golden escalator. >> john: thank you for taking time during the lunch break. also in new york today it just doesn't stop. bob menendez and the second day of jury selection, menendez and his wife are accused of the accepting bribes from foreign nationals including gold bars. senior correspondent clive berger what is latest in that case? >> they need to see a jury first and they have been active since early yesterday morning and they hhave not yet seen a single jurr in this case. now menendez does not have the support of his colleagues it's

unclear if he is going to run for reelection, listen. >> what is it say about your senators coming to support you like last time? the filing deadline is the fourth are you going to run? are you going to file? after court yesterday said menendez i appreciate the jury's sacrifice for our codefendant, davies which they tried to get him to extend favor with a endorsement end ohio. one of the striking elements is that they say he gave the senator 13 gold bars. >> you have had some challenges in the past how is this against her other opponent? >> not bad at all. >> the gold bars? >> menendez even looked up the

price of gold kilos online and as i say jury selection has been slow. the judge struck 38 jurors yesterday, 26 today. menendez was tried in 2017 on unrelated charges which resulted in a hung jury. democrats hope he will resign. the filing deadline in new jersey is the 4th of june. john? >> john: all right $75,675. for a kilo of gold by today's measure. chad, thank you. center? >> sandra: john, hunter biden's gun case back before a federal judge today. david spunt live from that courthouse for us. david what do we know? >> sandra, a tense court hearing today behind in the in wilmington, delaware, hunter biden's home down a federal judge set a court date in a few weeks we'll fill you in after this break.

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>> sandra: the latest hearing in hunter biden's gun case is finished after the president's son lost back-to-back appeals to throw out the indictment. he is said to stand on trial in a few weeks. david spunt is live from wilmington, delaware, who is the latest on all this for us. hey, david. >> hey, sandra. the headline is hunter biden will go to trial here in his hometown of wilmington, delaware, the week of june 3rd. that is when jury selection will begin despite repeated tries from hunter biden's attorney, abbe lowell, the federal judge in the case maryellen rieke said she isn't having it end june 3rd is when this trial will go forward. special counsel david weiss' office says it will take about five or six days after jury

selection to get through this trial. this is the 2018 purchase of a gun by the president's son. special counsel charge hunter biden lying on a federal form when he said he was not addicted to any type of drugs when he filled out that form back in 2018. abbe lowell said he could not be ready for a trial in a few weeks on june 3rd but judge america said "i am not taking anything away, mr. lowell, you have not done what you need to do" no abbe lowell also mentioned to the judge that hunter biden of course is facing that federal tax those federal tax crimes in california said to go to trial in june 20th so he says hunter biden could be facing two trials two federal trials several weeks apart but ultimately the judge here was not persuaded and said june 3rd is when this will go forward and it is important to note sender and draw on this is soup euro

drew tore apart that sweet pleae a plea deal here for both sidesg very. >> sandra: david thank you, john? >> turning the court into an audition stage. byron york breaks on the running mate race coming up next. at hero doesn't have a dark side? introducing the g2 edge. the same number one selling gel ink pen in america. now with an innovative laser-etched design, cushioned comfort grip, and durable tungsten carbide tip. whatever your mission, give yourself the edge.

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dealer and her president trump joined by his allies at court today today has bigger mike johnson and vivek ramaswamy all attending the trial. and a host of other prominent political figures were also there now many are wondering if sitting in that dingy court room is an audition stage to be trump's running mate? chief political correspondent byron york joins us, byron, great to see you paid one of the contenders, j.d. vance, census this morning. >> michael cohen is the prosecution's star witness this guy is a convicted felon who

admitted in his testimony he secretly reported his former employer he only did ones allegedly and this was supposed to help donald trump. does any reasonable sensible person believe anything michael cohen says? i don't think they should and i actually think his testimony is going to hurt with any reasonable juror. >> john: all right j.d. vance they are you also had tim scott, doug burgum as well, all folks who are potentially on trump's short-list. >> you asked if it is an audition stage and yes, it is. i think that's pretty clear. the one thing you have to remember here is the idea of donald trump donald trump being unfairly pursued, unfairly prosecuted, is something that virtually all republicans agree on. there is virtually unanimity in the party on this. so this is something that all of the potential vice presidential candidates can agree on, they can go up there and say this and

they know it will be very popular in the republican base. >> sandra: how do you think he will narrow this down? do you think he already has? >> as far as trump is concerned with the vice president i think it is a slightly different choice than with other vice presidential choices. we have seen them in the past where they try to achieve geographical balance, that is kind of an older concept, or where they have picked a vice president to appeal to some group or not. i think with trump he is trying to get something that you might call "temperament contrast" people know donald trump very well. he can be volatile, his entertaining, his unpredictable, he is the complete opposite of, say, doug burgum who seems to be very stable, solid, kind of boring. i think as a matter of fact that trump will be looking for a candidate who provides a little bit of that temperament contrast.

and remember when barack obama chose a vice president he'd picked one that was older and more experienced then he was because it was his view obama was too young and too inexperienced so here he picked somebody with contrast and with trump it's about that. >> john: i'm not sure bergen gets him anything and you and i were talking up camp, camp is about this. is making inroads among young black voters than hispanic voters which is why my money is on either rubio or tim scott to be his running mate. >> this is where it's a good idea to look at the electoral college. you basically have a southern tier of states, arizona, georgia, nevada, that trump has to win some of those and you have a northern states of pennsylvania, michigan, and wisconsin and basically the trtostates that trump was stront of those swing states of arizona end about a boy you have to do if you're donald trump a chapter

win one of pennsylvania, michigan, and wisconsin and you pick the pick the candidate who you think can best help you do that. >> sandra: you know, byron, perhaps you can weigh in on this too as we watch that potential decision to be made whether this time he is spending in that courtroom is helping or hurting him. >> as long as with the voters are concerned it appears to not be doing anything at all. we talked so much last year about whether an indictment would help or hurt trump politically and we all thought or both of us thought it would hurt him and it helped him. really helped him in the republican primary at least. now we have plenty of polling in week five of this trial. there has been wall to wall media coverage and we have plenty of polling and nothing is really changed. trump's lead over biden in the number of holes in the swing states as well as the smaller lead nationally has really been unchanged. which is now come if you listen

to democrats, they are really hoping and praying that if trump is found guilty that that will move the needle that is not entirely clear either. >> john: if the indictment did not move the needle what would a conviction in what is perceived to be a politically charged case like this remove the deal? what did you make of that "new york times" poll the other day where trump is leading in 5 of 6 swing states. that has to be sending chills down the spine of the biden campaign. >> it's a fascinating in november of last year early november 6 months ago published the same pole in the same six states and trump lead in five of those six states. the only one he did not lead in then and now was wisconsin. if you remembered earlier in november there was a democratic freak out about the usual issues about joe biden about his age, about his economy especially inflation and the border. there was a total freak out, biden of course weathered it, he

is still going to be the candidate, but the striking thing is if you think of all the things that have happened since early november, we think about the president's state of the union bump, trump not being on trial, all of those things and the two polls are virtually identical. trump was leading by about the same amounts in all of the same states and the only state that biden had a very small lead in both times was wisconsin. >> sandra: byron york, great to have you on, thank you. >> john: thanks, byron. >> sandra: now here we go our two about to kick off until i have look at the courthouse where any moment now we expect michael cohen to be back on the witness stand. this time under cross-examination by the def defense. all-star line up on deck. cory mills, whitaker, kim stressful and mark eiglarsh coming up. so, no more sweating all night

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