narrator: please, don't wait. call, go online, or scan the qr code below right now. [music playing] >> john: live look at the supreme court were any moment how we expect to see former president donald trump walking you through those doors into the courtroom, michael cohen will be back on

the stand under cross-examination when court resumes. so it begins another hour here i am john roberts in washington. sandra this is going to be an interesting hour ahead. be to consider in court resumes at 2:15 p.m. he oftentimes walks back and around 2:10 p.m. so we should be seeing him shortly. i am sandra smith in new york this is "america reports." trump's defense team has tried to show cohen as a untruthful and vindictive, angry he never got a job in the white house. cohen is dented by his testimony that the payment that was made to stormy daniels was done at the direction of the former president. >> john: that is not what he said when he confided to form a legal advisor bob costello years ago, here is what costello told america's newsroom this morning. >> he kept on saying over and over again 10-20 times i swear to god, bob, i don't have anything on donald trump. and then when we got into the discussion of the stormy daniels nda he said specifically, and i

cross-examined him on this, this was my idea. >> john: we have a team of legal and political voices to walk us through testimony this hour. >> sandra: first nate foy, he has the latest from right outside the courthouse in lower manhattan. need to do we expect the defense to call any witnesses at this point? >> the defense is considering bringing an expert witness, sandra. they will talk about the parameters of that possible line of questioning at 4:00 today. before that the cross-examination of michael cohen, as you mentioned, will continue in a really interesting moment right after we broke for lunch where trump attorney todd blanche accused cohen of lying once again under oath when the cohen claimed he alerted trump over the phone that the stormy daniels deal was done in late october 2016, take a look at this interaction. todd blanche said "that was a lie, you did not talk to president trump" and cohen responded "i'm not sure that's

accurate" no cohen said he talked to trump through the head of security but texts between cohen and the shell or that they show cohen wanted to talk about harassing phone calls he was receiving. also questioning cohen about whether or not he wanted a position in trump's white house, cohen said he wanted to be considered for white house chief of staff, but he actually wanted to be the personal attorney to the president, this is important because bob costello, the layer you mentioned that he consulted with a 2018 says cohen took care of it by himself to secure it position the white house again here is costello on "america's newsroom" this morning. >> he said specifically, and i cross-examined him on this, this was my idea. it was his idea to take care of the nda because he had been contacted by a lawyer for stormy daniels who said she was going to claim that donald trump had sex with her.

>> q and when several people have testified about how upset cohen was when he did not receive a role in the trump administration. infect keith keith davidson who represented daniels testified that cohen appeared to appeared suicidal. that's not what cohen is saying and you know they will continue asking him about that in the session. >> we will check in with you shortly. >> john: let's bring in martha maccallum of "the st story" so todd went's task was to try to convince the jury that you cannot believe a word that comes out of michael cohen's mall. health wanted to go in that direction today? >> to sort of set the scene in the courtroom, you see the former president walk in, this is a very serious donald trump. this is not the donald trump you see in a rally. he is not looking around, not making eye contact with people, he clearly wants to get this

over with. he is watching todd blanche as he takes the jurors through this progression of michael cohen's history of lying to federal investigators, to congress, to his wife, at one point he says did you tell her? did you ever tell her the reason you wanted that home equity loan? so he is building this case that michael cohen is a liar. cohen is trying to sort of check him every time he goes through that process. but one of the questions, i kept staring at the jurors, john and sandra. you are trying to read their minds because we can all talk about this outside of the venue of the courtroom, but really how is this landing on them? i could not but think this very laborious sometimes meandering tail that is being told by todd blanche might be losing them at some point. they seem to sort of, you know, get distracted. i mean many hours of standing there listening to this. some of them seemed very focused and some are taking active notes, others a bit less so.

very hard to read. when they got up to take a break, they did not look at cohen, they did not look at president trump, they just sort of focus on that door because they don't want to give away anything they are feeling. really, todd blanche has his work from dell might cut out for him and he may need robert costello if indeed he becomes the expert witness to lay out exactly what you guys heard him laid out this morning. >> sandra: notes coming out of the courtroom are very helpful this morning. of course we are not in the room and we don't have cameras in the room. that you were talking about one of the jurors one of the most attentive jurors you described a male taking many notes keeping focused on the blanch line of questioning. you noted also blanche was trying to paint this portrait of a desperate michael cohen. what was that line of questioning like? >> clearly he is going down the road of how disappointed you were. even your daughter expressed she was disappointed you wouldn't get a white house job, why are they doing this to you? all of this is build up to substantiate the argument that

robert costello could make that michael cohen was looking for any way to get back. to ingratiate himself once again they talked about a pastor who he called and said could you please put a good word in for me with president trump? this is a man who has blanche established later today use to talk to five or six times a day. he loved the association with then donald trump president-elect donald trump but he felt himself slipping away and it's important he tried to portray here. that was his motivation is blanche's argument to make the stormy daniels situation go away. perhaps to put it back in the good graces. michael cohen thinks of himself as a fixer. the designated thug at times for donald trump that this may be not the kind of person the president wanted to be in the white house. i think that really struck a deep chord at least that's what

blanche is trying to lay out here. how the jury is seeing all of this very, very difficult to tell by looking at the eyes and body language. i try to do all of this this morning. >> john: back to bob costello what he would testify to on the stand america's newsroom this morning where he talked about a two hour meeting with michael cohen in 2018 where cohen appeared suicidal and thought about leaping off the roof of the regency because he couldn't face the legal troubles ahead of him. costello suggested to cohen listen, if you have a dime you can drop on donald trump i can get you out of your legal problems by the end of the week. listen to what costello said. >> he kept saying over and over again 10-20 times i swear to god, bob, i don't have anything on donald trump. i even sent him michael, think about this. isn't it easier to cooperate against donald trump if you have truthful information then it is to kill yourself? the answer is obvious, that was his moment in time if he had something truthful to say i am

willing to cooperate. but he didn't take that. >> john: what costello was saying regarding the nda square is absolutely with what cohen told "the new york times" about the same time. he said neither the trump organization or the trump campaign was in the transaction with clifford and need to reimburse me for the payment directly or indirectly. it was lawful and not a campaign contribution or a campaign expenditure by anyone. todd blanche i think has to make the impression on the jury was he lying then when everyone corroborates everything that he said or is he lying now? when he is the only one who is saying this? >> i want to draw your attention, martha, to see the former president and his legal team grantor shortly. >> this is when he was taking: through this morning. how can you tell when you're lying and when you're not lying because you constantly change her story and you are under oath right now aren't you? and he said yes.

here's former president trump with a little wave into the room there. so how good of a job is blanche doing is the point and is he sometimes losing the jury with these extraordinary detailed recounting's of phone conversations, all of these ways building this argument and does he need bob costello to be perhaps the only defense witness and i think i sell a a finer point on it then we have heard in the courtroom so far. so we will see. >> it was really interesting in your notes ahead of the courtroom this morning about michael cohen to be personal attorney to the present hybrid roles so i could financially provide for my family. blanche said know you expressed frustration you did not get the job. white house counsel job either. you then noted as you have been about the jury and their reaction to these exchanges which is so important you said

the jury is mostly standing blankly ahead you are not sure blanche has their full attention here. they are a bit fidgety. and this is a big part of this because this is going to be a long line of questioning where sometimes the jury wonders where are you going with this? and is he getting their attention? is he bringing them along here? >> obviously has a very smart attorney and what he is trying to pull together i thought was very interesting this morning, he is trying to establish you lie, he says michael cohen, when it affects you personally. when you feel like you have to save yourself or your family. so i think he is trying to bring the jury around a say see, he's doing it again. now he is saying that trump knew about all of this because now he needs this again and what does he want? he played these podcast entries, these recordings from his podcast, that he would be gleeful, he would be so happy if trump and his family could suffer the way michael cohen suffered. out to make him so happy. you see the weave that blanche

is trying to do here to show the motivation that cohen would have to be lying now about what trump knew or did not know. we will see with the jury thinks because at that moment cohen says no i did not want to work at the white house, i wanted a hybrid role. i still wanted to make money so he is defending himself at the same time. who do they believe? that's the big question. >> john: according to testimony we have heard another report the only acts that cohen has to grind with the former president is the fact that the former president kind of divorced himself from cohen and cohen ended up in jail. there was no parking. >> those are pretty big axes to grind. >> john: they are. >> with his reputation, handed up in jail, you have to wonder when he told costello i have absolutely nothing, did he believe that then or was that before he decided to break his loyalty? and change his tune? it's very difficult because he has been on so many sides of so many stories all along the way.

>> john: i don't recall trump forcing him to evade taxes which is when he got popped for. >> absolutely. >> john: who do you blame? martha, great to see you. cohen we will see you at 3:00. we saw the former president enter the courtroom moments go back underway cross-examination of michael cohen will continue with break will be back with john for more. >> what i see so far as todd is being disciplined enough to ask type questions where cohen can't make speeches and that's a measure of success. forced him to look like the weasel he is. we're not talking about practice? no. we're talking about cashbackin. we're talking about cashbackin. we're talking about cashbackin. not a game! we've been talking about practice for too long. -word. -no practice. we're talking about cashbackin. we're talking about cashbackin. i mean, we're not talking about a game! cashback like a pro with chase freedom unlimited. how do you cashback?

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cross-examination of michael cohen, star witness story took another hit this week after his legal advisor robert costello shredded his credibility in front of congress. join us as criminal defense attorney, great to see you on the program. he is back in a courtroom we don't know if the cross-examination has been back underway yet but at this point we know the judge and parties are back and we know blanche's questioning of cohen when the indictment was unsealed but go ahead and give us your take on what we have heard so far and what will happen this afternoon. >> sure the critical components to michael cohen's testimony are his credibility and his motivation. they are not mutually exclusive. they are more like a one-two punch for the defense. the credibility side of course is whenever his lips are moving he is lying because he is a noted liar he has lied under oath, lied not under oath and

his credibility is like one giant game of three card monte with the truth. you never know where it is. and on the other side of that you have motivation. the jury will have to ask why does he like? he is not lying because he has a gun to his head, he is not lying because he fears donald trump, he is lying because he wants donald trump behind bars. he is ill motivated. he wants harm to come to donald trump. with that kind of one-two punch, i don't see how the jury can put any stock in his testimony at all. if you exclude michael cohen from this entire sham of a trial, where does that leave the jury? only one thing and the only one i can conclude there is no crime here. >> john: we are wondering about a couple of potential witnesses here. for the defense will be costello who they eviscerated what he was saying and as the personal

attorney to cohen had a lot of time with him and what his thinking is and then whether or not they will call adam weisel berg the cfo who apparently cut the retainer deal with cohen and is the only other person besides cohen according to his tail who would know where the bodies are buried in this particular case but i was talking to jim trusty last hour and trustee said look, he is in jail because he wouldn't flip on trump erie it and weisselbergh could come in and say everything he is saying is a load of you know what and that didn't happen. >> i feel like neither party needs allen weisselberg. first i don't like the objects come i don't want him being paraded in front of this jury in an orange jumpsuit. even though it has nothing to do with donald trump you don't want the jury to somehow conclude that it does. so let's get rid of him for a minute. as far as mr. costello, you

know, that is tempting to call him because he does completely contradict michael cohen but it's also risky. why? because costello had a relationship with michael cohen that ended badly. it seems all of michael cohen's relationships end badly and what will that do for the prosecution? it will give them some fodder to question him on that. what is costello's motivation? it's his motivation to get cohen because we think cohen's motivation is to get from here if they need him i would like to seen neither of those witnesses. they don't need win more, they need to win period. they are in a good spot to do that without those terkel potential witnesses. >> sandra: i think we're learning more about this discussion that took place when they did reenter the courtroom i believe before the cross-examination began. after lunch we are told from our producer inside the courtroom that the prosecutor, john

stamos, says the question when cohen learned the indictment was unsealed is improper and the court should clear up the matter. blanche then said he was not trying to do anything a detector "it was done" the judge said there was nothing improper about the questions and will give to the defense to clarify he is keeping the option open to give a limiting instruction. what can you tell us about this exchange? >> i am not quite sure what the potential issue is except to show may be the defense wants to show that michael cohen is obviously in the pocket of the prosecution and they have been coaching while along which we know from the direct examination he comes in speaking like a choir boy when we know he is anything but but maybe they are trying to solidify that connection. i don't think it is a major

point, but it is one of many points. that is how i see it. >> john: apparently the line of questioning the prosecution thought todd blanche was suggesting there was some kind of impropriety when the district attorney's office told michael cohen the indictment had been out there. cohen back on the stand we are told with more cross-examination we will start to get notes from that. jonna spilbor always great to have you on the team thank you for having you with us. kill me up next you don't want to miss it. >> the new poll about the battleground states they are in the field while this trail is happening so the idea that was going to knock him down doesn't seem to be playing out. momentum is in trump's favor.

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russia, russia, russia and lied about lying later on and then lied to the judge when he pled guilty for lying. so the whole thing was surreal. >> john: if you think there is a lot of lies floating around you are watching the courtroom antics unfold here. that was florida republican congressman mike walsh who during his last hour. one of many republican lawmakers on the court and speaking out against former president trump's behalf. back for cross-examination let's bring in brian kilmeade cohost of ""fox & friends" and matt gazed is in with the former president with no shortage of support from some big-name lawmakers, speaker of the house was there today do you think they're helping his case? >> i do. and they are doing a lot of the things he wants to do and i think they are better off doing it. that's opening up on the judge, opening up on the witnesses, opening up on michael cohen's character, he could go to jail. he lost about $10,000 already but it also shows too it has to

be intimidating almost to the democrats and joe biden's team the republicans have never been so united around the president because they think it has to do with him, i got it, but also his agenda. people look at the border and overseas and a look at the economy and his trade deals and they said i can thoroughly back what this business man who many had questions about had a small sapphire a lot of people, campaign was up and down, "access hollywood" tape, since that time and even since januars were not that great. the president staged his ship and got the best team yet and i think they thoroughly believe he will and up back at the white house but i also believe the president did feel a little isolated. used to having his team and his family around him. he's used to having people around him and the very little staff but now nobody showing up in court initially not even family members and everyone's is kept five blocks away so even if he had trump supporter's they cannot get close to the

courtroom. those days are over, jon perry it also in the court they had their moment. they have the moment they had been looking for a. that is catching michael cohen lying again. they flat out said michael cohen why were you calling case-shiller on this day? i was calling them about stormy daniels. you work? it turns out you were not very be recalling kick schuyler about a 14-year-old that was harassing him and you wanted to know what to do and case-shiller called you back and said he would handle it. so you are not telling the truth that you were calling him about stormy daniels and the deal is that correct? and they had their moment and the question is to the prosecutors go up and try to coach him out of this? because right now the way the legal experts are saying this is such an impactful moment that may be defense wants to walk away from cohen and let them look like the chronic liar got caught lying again. >> sandra: ended exchange just happened inside the courtroom about exactly what you are describing. i think it is important to give the full detail from our producer from this

cross-examination. blanche said he wanted to address the conversation from the beginning of the day "the new york times" improper leak before the indictment was unsealed. blanche clarifies by march 30th it was unsealed. cohen agreed, the judge asked for teams to approach the bench. lance returned to the podium, blanche wants to clarify the topic cohen's cnn interview. up by the time he spoke about it on cnn, brian, cohen should not of been talking about the case but the indictment was unsealed, he did not leak any info. now with redaction's, b165 is offered with witness to court and the parties which is where i'm getting too with what you mentioned. these messages between cohen and the prank caller were just discussed who says they are 14 years old. cohen says "this number has been sent to secret service for ongoing harassment" okay the prank or says "please don't do this" and cohen asked to have a

parent contact them before the secret service has to. the last message sent to the breaker was october 27th, blanche wants to go through that timeline of monday's testimony and that's where our notes leave off. >> that is the key. you say you are calling the president about stormy daniels because the president is working on it with you when in fact you are dealing with a 14-year-old prankster and that's why you are dealing with keith schuller's longtime friend who is basically the body man for the future and former president of the united states. that's a big difference. with the guy trying to be the rep of being a liar and telling the truth now he just got caught lying about his past and lying about the significance which all plays into the bigger picture that donald trump, the defense is trying to say donald trump had nothing to do with his attorney coming up with different issues to handle a nondisclosure agreement as opposed to cahoots and writing a personal check in order to pay off somebody not to come out with something.

also i thought it was pretty significant they read today bob costello's statement. bob castella coming out saying this is about his family. michael cohen knew it was about his family unscented nothing on donald trump. so that was in. are you better off now still bringing in bob castella who is the former advisor and attorney although unpaid to michael cohen. i think he is more than willing to come in. that's what you have to do. this is the key witness and they are destroying his credibility even after he said he had his revelation. >> john: brian, it is a phone call. talking to keith schuller about stormy daniels or a about a 14-year-old who kept calling us with prank calls? it may seem like a trivial item, but it is important from the standpoint. if todd blanche can't establish in the jury's mind that michael cohen was not truthful when he talked about that phone call, the jury gets an instruction from the judge when it goes to deliberate that says if you believe that

michael cohen lied about anything on the stand you can discount his entire testimony. blanche would give a very powerful piece of ammunition to the jury to do that if he can prove or at least instill in their minds that he was untruthful about something as minor as this phone call. >> i will bring in this, somehow the defense has to do this today. they have to be the last one to talk as they go on the three day vacation. they don't want the prosecution to get up there and start to a race some of this electric testimony that really helps donald trump. just judging by donald trump's opinion as he walked by he thinks he had a very good morning. >> interesting whim or read out from the courtroom, brian kilmeade joining us, thank you. >> thank you. shannon bream will join us for a this. >> what they will have to do is make a life altering decision for the former president of the

united states based on the testimony of a man who has lied for years, has a history of blame shifting

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you'll be glad you did. >> sandra: michael cohen is back on the stand for more cross-examination at this hour. here to break down what we are hearing right now shannon bream fox news sunday anchor and fox news chief correspondent. shannon, great to have you here. we certainly need your analysis on what is coming out of the courtroom right now. it seems right now blanche is honing in on 2011. and cohen coming across this poll that said trump will be a good candidate for president and he confirmed he made itshowedtrumprun .com they said that he consider this a

stunned and cohen agree. he got the story out in the "national enquirer" wrote a positive story about him. where is the defense going with this cross-examination? clearly they are establishig how the relationship work. did he do things on his own which is the setting up of the website he knew president trump then prior to being president had aspirations, talked about that i interviewed him in 2015 where he was kind of playing with it and you reference their people wondered whether he was joking or serious. i came in that thinking he wouldn't do it and then six weeks later he did. cohen knew that the president was serious about running in 2015/2016 and maybe the idea was was cohen laying groundwork by doing things so that the defense can say sometimes you do things without president trump directing you to do them, right? that would be my guess where they are trying to go right now. >> john: that seems exactly where they are trying to go.

to suggest that cohen went rogue from time to time with journalists and maybe with pornstars as well which seems to dovetail properly with what bob costello the former attorney seemed to say as well. >> you did this on your own? on my own. to donald trump i'm editing to do that? >> no. did you get the money from donald trump? no. for many of his organization's? no. for money when connected to donald trump? no. ready to get the money? i took out a heloc loan against my property. i said lodi do that? he said "i didn't want anybody to know where i got this money. i didn't want wanted to know, i didn't want my own life to know." >> john: you to call costello and say that after listening to thet essentin independent agent and being rogue time to time that would be games that match. >> castella again he's at the

point to give them counsel and avoid jail time himself and he talked about how cohen said i would do anything i don't want to go to jail. casale is trying to give him the opening of do you have anything on president trump that would be helpful to make yourself look better and him look worse? so in the middle that crisis point he says cohen told him again and again i don't have anything and he stuck to that story. >> john: now has everything, we are and works. >> sandra: another update coming out after that last exchange we discussed and blanche is asking if it's too there are plenty of times in 2015 or 2016 that cohen would not consult trump? cohen again says "no and if i did that it would probably cost me my job." i mean, it kind of goes back to 2011 and trump deciding not to run and several months later this exchange, this is part of what we were just discussing with martha. you wonder for the jury how

blanche is bringing them along here. >> and when i've been there in the courtroom i met a position i could not see the jury and that is everything. you want to see their faces how they are related to the witnesses and each other, how they are responding to the prosecutors, defense counsel, but on this point you mentioned the latest note from the courtroom where he is asked would you do things without being directed to do them and him and saying no, actually i would be in trouble if i did that. that is obviously a win for the prosecution of the jury believes that because prior testimony 2011 did you go rogue making this website clearly you can see where blanche is trying to go and of course the first thing you learned in law school's do not ask questions you don't know the answer to so you're always taking a bit of a gamble where it sounds like he did there and asking about 2015/2016 and cohen says no i would've only offered that trump's direction. >> john: the prosecution in the o.j. simpson trial learned that the hard way. >> lesson number one. >> john: don't call on him two triangles in the middle of the court. to think cohen is the last

witness or do you think they will call costello? >> i don't know. it seems they signaled and remember we all talked about this how tight the defense has been on its witness list saying we can't afford to let it out because we can't afford president trump talking about them and all these different fights they have had back and forth it's a little bit unusual when the defense needs to prepare for who is next. the signal seems to be that cohen is it but you also have to remember what he said may spark other things the prosecution may feel like another witness may help them clean up. certainly costello has burst onto the scene in the last 24/48 hours so you will have to see whether the defense or the prosecution wants him to go to the sand too. >> sandra: coming from 2011 in the notes from the courtroom the notes note that the former president, donald trump, decided not to run. several months later cohen works with davidson to remove the dirty.com article about daniels. around may trump said he was not going to run. cohen says the first time he heard trump complain about the article, it was that "his family

wasn't going to like that very much" cohen often handled these situations with legal action. davidson wrote a letter to get it taken down and it worked. that was the end of the note out of the courtroom, shannon. >> we heard early on in this trial the first couple of weeks about how there would be calls. someone say bullying. there will be legal threats. there was all kinds of cleaning up and "fixing" that cohen was doing so there are questions about was he of course doing it on president trump's direction or did he independently say i am the fixer. the thing about a fixer is you don't want to do everything they are doing and that can be the relationship and maybe that was the relationship at least in some points between cohen and trump. there were conversations with packer, i don't need to know about everything, you are my fixer, that's what you do. only cohen can testify whether that is true or not.

i highly doubt president trump will take the stand so it comes to whether or not the jury believes what cohen has to say. >> john: a development that just happen right now, blanche is exploring with cohen how many times he recorded phone calls with journalists. and cohen says prior to the election in 2016 he recorded about 34 phone calls with journalists and stopped after the election so here he reports his former boss without his knowledge and then he is recording phone calls with journalists. i believe new york is a one-party state so it's not illegal to do, but it certainly raises suspicions of what he was up to. >> again, if you are in the business of being a fixer you want information about people that becomes valuable to you at some point. we should all be standing by to see if we are any on any of those phone calls as journalists. on that conversation as you do during a campaign, i would be interested to know were those journalists located because estate was very. >> john: they do. if you were in a state like

virginia i think is a two-party state or am sorry, i can't remember. speak i think they might bit but states are different. >> john: a one-party state records you, it's the more strict law. >> you have an argument. >> john: and action. >> standby with phone calls between john roberts and michael cohen. >> john: we will see. >> we will see. >> sandra: thanks, shannon. >> john: back with more on the trail after this. ♪ limu emu... ♪

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he wanted the defense's cross examination michael cohen is back underway let's bring in mercedes colwin, todd blanche is exploring some interesting ground right now in secret recordings that michael cohen had on his phone. according to carrie, cohen said

those about a hundred super recordings his phone. somewhere with the president of the united states i'm not sure what he is getting at here. legally speaking if you are in new york which is a one-party consent state but you are recording somebody in california which is a two-party state, the stricter laws the superseding laws, potentially there is an infringement on the law they are but what do you think the bigger picture is here? >> great to be on with you, don and sandra as always. it really is about to giving the jury the perspective that michael cohen is untrustworthy. it's cringeworthy forgeries and though you are right there didn't know what laws that have been broken but it's cringeworty for jurors to sit there that he has so many recordings in which it's a one-party state you know you don't have to disclose it to the participant and of the call you are actually

recording. personally when this comes up in cases i have handled it is something especially in the opposing side you can certainly put your arms around it and jump up and down in glee because this is something that can be used against the opposing side. >> sandra: let me get your reaction, cohen would use other encryption apps. cohen decided what munication to use depending on the topic he was discussing with the particular reporter. saying if it was a private or unusual conversation, i would go to one of the encrypted apps. to john's point and what carrie was highlighting a moment ago there were a total of 95 total recordings on his phone. he would record trump and reporters. cohen says he understands it's not ethical for a reporter to record their client but there is

a crime/fraud exemption will. blanche then said "didn't you just record trump to show to pecker? but you asked if there were any exceptions. your response to that, mercedes? >> a great q&a. think about the terkel lawyers on the jury. they know how inappropriate generally speaking it is to recorded clients without them knowing they are being recorded. that is something that because of we had on this higher duty to our clients you don't generally typically recorded client. if you believe your client is about to commit a crime, then of course, you can set aside attorney-client privilege, then notify the authorities, there's a whole body of law that talks about that. but the good thing about that q&a between todd blanche and michael cohen is that there seems to be an inconsistency in wherever you have an inconsistency with a witness you

are attacking their credibility it has to be highlighted before the jury. that is exactly what todd blanche did. >> john: all right, so -- blanche is trying to paint a picture of a guy here who literally cannot be trusted. and then there is this idea too has he lied on the stand? and a lot of people believe that cohen was not truthful in what he said that he made the recording of trump to show to david pecker peary why would you do that some think it's his own purposes and then the phone call with the chief of security, cut them at keith scholer which they said was about stormy daniels but blanche is now saying or eliciting from cohen it was about a 14-year-old print color. does this go to the potential instruction from the judge that if the jury believes cohen has lied about anything on the stand they can discount the entirety of his testimony? >> there is a perfect jury instruction i choose in every single trial falseness in human

falseness employer about meaning false and one false and everything. if the jury, endless is if the judge allows this instruction which generally speaking it is allowed, if the jury believes michael cohen has lied under oath in this trial inc. can discount the entire testimony. it's very broad and sweeping with the judge decides about that jury instruction in particular but you see that jury instruction just about all trial. >> john: lot more to come this afternoon thank you, mercedes we will be right back in just a few clicks. we came to his house... then we got to work. we replaced his windshield... ...and installed new wipers to protect his new glass. >> customer: looks great. thank you. >> tech: my pleasure. >> vo: we come to you for free. schedule now for free mobile service at safelite.com.

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