Beco i was born here, i grew up here. I see whats happening with this judicial system. And is all kangaroos. To rule from the bench and determine its a witch hunt. It needs decisiveness. We have phenomenal we have won the case many standard. John thats a look as they return to the courtroom as the Criminal Trial enters its final stretch. About one hour and 15 minutes away from that lom don roberts in washington. Here we go again, sandra. Sandra we do, im sandra smith in new york and this is america reports. Witness testimony has wrapped, both sides have rested their cases. We await the ever important Jury Instructions. The judge to hear arguments from the prosecution and defense teams on exactly how the jury should be charged before they had into deliberations. Sandra we have an allstar team of legal and political voices to take us through the next two hours. John first the former federal prosecutor trey gaudi has been in the courtroom all morning and, trey, if they wrap up the case now we look at Closing Arguments which probably wont happen until next tuesday, what is your assessment of where we are . Thats a long time to expect nonlawyers ordinary members of the public to remember something. I mean, a week . John it looks like trey is already gone away on either hiatus or sequester as well. Sandra its a good thing we have a deep bench. John we do have a deeper bench. The deeper bench than the pittsburgh penguins. Lets go right now. Former attorney jim trustee is with us as we struggle to get trey gaudi back up and running i dont know what the heck happened. What is your assessment in Closing Arguments as well and deliberations . I agree with every thing trey said. [laughter] john he didnt say a lot. I get bored with trey and i wanted to move on so i eliminated him. I mean, look. Its a huge part of this case. I mean, its a Threadbare Inventive prosecution but the judge can kind of put his finger on the scale or not. In these instructions and i think its a crazy dynamic two of the judges or lawyers. I think the prosecution is probably very hopeful that even if its a threadbare case its about Michael Cohens credibility that the lawyers may take charge and give you a cohesive verdict for the prosecution. Now the lawyers may say we do some work, this is Beyond A Reasonable Doubt standard. How do we believe in this Michael Cohen guide to get over the hump here . But it was all back to Jury Selection like where these people and what are their biases . Sandra now you are really in trouble, jim, we have trey back. He has good stuff russ. Trey, welcome back, you are live outside the courthouse here in manhattan. Until he was in the party earlier this morning, listen. Speak at this is where i grew up i was born here, i grew up here and i see whats happening in this judicial system they are all kangaroos. I think the court can take care of a lot of things but this one shouldnt even get to a court it should be an easy ruling. Sandra i will let you continue your thought before you were cut off by jim. This should be an easy ruling do you agree . If hes talking about the decision to dismiss charges which he asked yesterday theres not a chance in the world that will happen. Anyone who went to bed last night not knowing whether or not the judge would throw the case out missed a good nights sleep. That was ever going to happen. The jury remarkably attentive even during some slow parts in the Cross Examination and direct, Michael Cohen has more baggage than an airline. Think about this for a second, sandra. And admitted liar out for revenge and may be the most damning part of his testimony as he also wants to be in congress and we also learned by the way he stole 50,000 because he kind of gave himself a bonus on the other hand you have Robert Casale of the substance of what he saw yesterday was incredibly important. In the crossexamination, this is the way during minds work. If you are spending time with some of the tingles to be importance, very little time was spent on the Michael Cohen saying i swear to god donald trump did nothing wrong, a lot of time was spent on Robert Costellos relationship with Rudy Giuliani with a clear insinuation being he was actually working for donald trump. A bias for the government and a bias for the defense makes the burden of persuasion on the government. John may be Michael Cohen is hoping he will succeed where George Santos failed. Lets bring him back we were talking about costello and trey mentioned him, he did an exchange between judge mershon and costello incident goes like this. Juan merchan says i wanted to discuss proper decorum when there is a witness on the stand if you dont like my ruling, you dont say jeez okay . And you dont say strike it because im the only one who can strike testimony in the court on. Do you understand that . Costello i understand. Merchan and if you dont like my ruling dont give me the side i. Our dog gives me that pair you dont roll your eyes do understand that Question Marks to go i understand that i understand what youre saying. Merchan, are you staring me down right now . And then spix merchan says please clear the courtroom and finishes off says your conduct is contempt for spirit if you try to steer me down One More Time i will remove you from the stand. I will strike the entire testimony do you understand me . Theres a lot of ego going on there but there is also decorum in the courtroom. Can he strike testimony just because they dont like what castella said . What do you think the overall impact of What Costello was doing was in terms of the defense of the prosecution and was there reversible error in what merchan den . Im sorry if im staring at you. Dont give me that bombastic side i. Side eye is for offcamera. A lot of things, number one, you dont want to witness fighting with the judge. Costello has been a lawyer 51 years in new york he is a thickskinned guy. Is probably not a shock he would secondguess or even taunt the judge. What i am finding across the board new york is remarkably thinskinned bench. Its amazing. Think about the Funny Willis Hearing where she was doing all sorts of disrespectful stuff and the judge was cool, calm and collected. It becomes can stages. People become more respectful of a judge because of how they act judiciously. Here merchan lost his stuff. I will tell you, the error here and maybe not reversible in The Grand Scheme of things but to cr you take the jury out and say go back to your room for a minute we are taking an that was violated by kicking everyone out so he could give the witness a tongue lashing. So thats what happens. You get emotional as a judge you may create mistakes. If he went so far as to strengthen testimony, that is coming back in a hot minute. You dont eliminate defense or important Defense Testimony on a single moment of frustration like that. In the most emotional moment in his direct which was measured before he set i asked him 20 times if he had anything on time but he said no. He is saying that President Trump is innocent and Michael Cohen and cohen says he was lying. Thats where we are. Sandra he set it on fox news last week played out. He kept saying over and over again 1020 times i swear to god, bob, i dont of anything on donald trump. I said to michael think about this. Isnt an easy to cooperate against donald trump if you have truthful information than 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 didnt take that. Sandra there was that. And back to trey outside the courthouse in manhattan and Fox News Polling does show a growing number of people see this as the former president being unfairly treated by our legal system. We go from that to the New York Post today. Wire, co con artist, thief, it s in full detail in that piece this morning, trey. Where did he think the American Public is going as they watched this play out . I think theyre really smart. In jurisdictions like new york and you mentioned Fu Fani Willis come when he openly run i will go after a person, not a crime, not a series of crimes, but a person i blame the candidate for running on that platform but also on the voters for picking someone. We dont live in a country where you go after people pair you go after crimes. The judge i was in the courtroom all day yesterday and half the day today the strike zone was very different from the prosecution and the defense. Very different. So i can scarcely think of an objection that was not sustained by the government and one that was sustained for the defense. So the strike zone is different. I just have to trust if you like small government you will load jury trials. It does not get any smaller fence 20 of our citizens who are very attentive and look, jim may disagree with me, every lawyer may disagree with me and my experience the truth jury usually got it right despite what else is going on they usually got it right. John we will see its normally like the robot where he says im lying to you and hes is everything you say is alive but your line now but you cant tell the truth because youre always lying. A lot of stuff to weigh here. Great to see you. Sandra thank you, guys. The white house issues not one, two, three, four but nine corrections to President Bidens naacp speech in detroit over the weekend. Laura ingraham here to tell us how big of a role bidens Mental Health may play in the election. Sandra looking forward to that post former President Donald Trump will soon be heading back into the courtroom as the defense rests the case. The two side will start debating Jury Instructions when court resumes which is expected an hour from now. Kerri urbahn is here at live outside the courtroom and she is next. Allowed Michael Cohen and david pecker to testify there were Camping Violations but wont lose the head of the Election Committee say these are not violations is stunning. T tw. Ugh. Here, ill take that. Woo hoo ensure max protein, 30 grams protein, 1 gram sugar, 25 vitamins and minerals. And a new fiber blend with a prebiotic. When Migraine Strikes are the tradeoffs of treating worth it . Ubrelvy is another option, it quickly eliminates migraine pain. Do not take with strong cyp3a4 inhibitors. Allergic reactions to ubrelvy can happen. Most common side effects were nausea and sleepiness. Ask about ubrelvy. This is our future, ma. Godaddy airo. Creates a logo, website, even social posts. In minutes how . A. I. impressed ay i like it who wants to come see the future . get your Business Online in minutes with godaddy airo Call Leaffilter today. And never clean out clogged gutters again. Leaffilters Technology Keeps debris out of your gutters for good. Guaranteed. Call 833. Leaf. Filter today, or visit leaffilter. Com. Her uncles unhappy. Im sensing an underlying issue. Its tmobile. 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 uncarrier. You sing about price lock on those commercials. the price lock, the price lock. so, if you could change the price, change the name its 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 unexperience this whole session. Okay, thats uncalled for. Speed to more than 100 republican lawmakers pushing back against President Bidens socalled forgiveness for Student Loans they are urging 140,000 foul 7 billion of belly up mike bailouts. Live on kevin hill, hillary ne way that they will listen to these lawmakers . It doesnt seem like they are changing course at all, sandra. They havent stopped with the Loan Forgiveness theyve artie pushed her, President Biden saying he wants to do even more over the weekend so some lawmakers on the hill are trying to put a stop to biden from exploiting what they think is an illegal loophole. 90 house members 40 senators asking education secretary Mikal Cardona to withdraw it will change that would hand out billions of dollars in a mass student loan payoff. Writing in addition to the fiscally irresponsible nature of this backdoor attempt to enact free college, the administration continues to use borrowers as political pawns knowing full well these proposed actions are illegal. The Supreme Court made it abundantly clear there is zero authority to write off federal Student Loans and mass. Lawmakers saying its up to billions of Taxpayer Cash to do it putting this targeted forgiveness at 147 billion but the fight not just on capitol hill but on the state level with some attorneys, general trying to stop this too. This is a desperate account in face of plummeting poll numbers by the president to try to buy votes and to do so illegally. We took her to task once we will do it again its illegal comes in constitutional. President biden is not shy about his efforts to defy the Supreme Courts decision and do it anyway bringing two graduates about it on sunday. I am relieving the burden of student debt. Meant of you already had the benefit of it. The Supreme Court told me i couldnt exmac i found two other ways to do it. Sender you may have heard biden just say a lot of the graduates they are already benefited from his student Loan Forgiveness, but you dont really start paying your Student Loans until six months after you graduate. Sandra that is something, hillary von is watching closely. John center we are waiting for former President Trump and all the lawyers in the New York Criminal Trial to return to the courtroom to debate Jury Instructions after the defense rested its case with another day of contentious testimony from Robert Costello. Kerri urbahn is our editor following from outside the courtroom and she joins us now the jury has been excused until next tuesday when we expect Closing Arguments of the wells may be Jury Instructions and then deliberations as early as wednesday, give us the 30,000foot level where you think the stand no . You know, i heard treys comments before i got on it and he was talking about the jury and that he has trust generally injuries and interestingly i was just in an and my oval driver happened to be someone who drove donald trump around for years in the 90s. And he overheard me talking about the case to some on the phone on the way here and he said his trip donald trump in trouble . And i explained it to him a little bit about the case and his Immediate Reaction was i really like him, hes a very nice guy and a very smart businessman. End of the reason i share that story is because we do talk a lot about new york city being largely democrat as far as how people vote. We have to remember that donald trump had a life here. And he was larger than life for many years before that. There are people here in this town who continue to really like him. It only takes one. Weve talked a lot about that but i really dont know where the jury will land on this and i think its possible we will have a hung jury. Sandra so right now we are waiting on this key meeting and awaiting Jury Instructions from the judge. What are we watching for there, carrie, what do we need to know about what we may be hearing less than an hour from now . This is a very critical meeting that is about to occur in front of the press, by the way, where the judge and the lawyer will battle it out over how should the jury be instructed . How should the law be advised . And i have some concerns about this in general because as i have sat in this courtroom for weeks, i am beginning to feel like it is more of a guilty until proven innocent situation other than the opposite way around. Lets think back through some of the actions that judge merchan has taken that indictment is not specific where exactly donald trump is being charged with before. The judge easily could have sent that back. To the prosecution and said hey, send this back to me when its a little more specific so we know exactly why we are here. He didnt. How about the gag order imposed against donald trump but not Michael Cohen . That was the entire time. Or the fact that he frankel he has made it pretty difficult for someone like bob costello to get through his testimony. And then on top of it letting the amount of superfluous information come in from Stormy Daniels. Stuff that was not