>> right now, trump attorney is delivering the defense's closing argument to the criminal trial against the former president. his message is quite simple. where exactly is the crime? there's not a lot of shred of evidence. the case hinges on the word of a convicted lawyer. getting revenge on trump. later it is the prosecution's turn and the jury will deliberate. we heard moments ago as they were getting going right after a break that the jury has told the judge they are willing to stay late today. however, todd blanche had also said that it needed another 30 minutes. that was 5 minutes ago. we could see the defense end is closing arguments. the verdict could exonerate the former president or make him the first commander in chief convicted of crime. this is "outnumbered" with my cohost emily compagno and kayleigh mcenany. sandra smith has fitness into her busy day. fox news contributor and former utah congressman. let's go live. when you and i talked last hour, you really have -- i have seen the emails gone by. there's a lot going on in the courtroom. they affected into these closing arguments. bring us up to speed. >> todd blanche, president trump's attorney has been going through this case inch by inch, detail by detail, completely trying to refute alvin bragg's prosecution case. he has been undergoing a summation of the jury that may go on for another half-hour. when the former president, his client arrived this morning, both echoes the same thought through the manhattan d.a. bragg has no case. >> everyone says this is crazy. this is not a trial that should happen. this is a dark day in america. in a court case -- >> 's throughout this morning, the jurors in manhattan being torn apart piece by piece. zeroing in on the star witness, michael cohen telling the jurors that they cannot believe anything that comes out of cohen's mouth because he's an admitted liar and convicted felon. "president trump is an ascent. he did not commit any crimes. the district attorney did not meet the burden of proof, period." the prosecutors say were falsified as legal retainers for cohen. he said, no, it made perfect sense for trump to pay cohen, because cohen was doing legal work for the president and his family. trump wasn't hiding anything. he disclosed all the payments to the irs. he tweeted about them in 2018 telling the public that he was reimbursing in cohen. as for stormy daniels, are salacious stories were not relevant to this case. he said if trump and his presidential campaign were so scared of her, why did not they react earlier? cohen reminded the jury, stormy and a lawyer were trying to extort money from trump. the jury has not heard from alan westerberg. the witness in this case was trump's chief financial advisor and officer who pled guilty to tax fraud serving time in jail for committing perjury. he was not called by either s side. we expect the defense to wrap up in about an hour or so. this afternoon, it will be the prosecution's chance. the jury could have this case by tomorrow, and we shall meet. back to you. >> i just want to bring our facts together here. we know from reporting inside the courtroom that it might go a lot shorter than that. i know that todd blanche and sent 30 minutes would be all he would need. that is what he told the judge. that's been quite a few minutes ago. i want to compare notes with you. sometimes we won't jive because neither one of us is in there right now. just to point that outcome of the prosecution could get this during this hour. we may come back to you. thank you very much for the latest. publisher larry flynt according to the defense attorney todd blanche was part of this. you hurt a little bit of that from eric shawn. blanche says that stormy daniels went public because larry flynt, the publisher was willing to pay her legal fees. as we learned so much more about what isn't in this case, like witnesses and so on and so forth and might actually be able to tell us something. what do you make about some of the motives that the people involved that we have seen like stormy daniels. larry flint was willing to pay for legal fees. where is that part of this case? >> it underscores all the questions of credibility that we have been covering on this network. it underscores the shape of the trial itself is always made by what evidence can be admitted and how it is presented. when objections are sustained and which ones are overruled. this entire time has clearly been shaped in the prosecution's favor. i know jonathan turley from inside the courtroom today said before the jury came in. the judge reminded the parties defense prosecution, don't go into the law, that is my job. that is what is worrying us. this judge has proven himself to be a minimalist judge, barely affording the minimalist protections to the defendant. that is the utmost paramount importance. usually you prioritize protection against better common sense judgment. not at all. he goes on to say that you would think in this novel and very unique case involving a former president that at least brought instruction would be tailored in some way. it is fully standard and generalized. the jury will say, it seems as if anything content under this huge umbrella of fraud that they have been led to believe that anything can fit into that bucket that he has clearly broken federal election law. they are still confused as to what the underlying criminal charges are, what those are defined by, how they are defined. at the end of the day, guarantee they are confused. the problem and the fear that i have is the instructions will give them a wide open door. i guess it all fits, because it doesn't. >> that was such a perfect jumping out for a quick follow. what a difference doesn't make that the jury has to at least a civil litigator on that panel. 2 attorneys on that. leo terrell said that makes a big difference. you have someone who might not be swayed. they are looking for the facts and where is the crime? >> i hope it helps. i am with emily totally on this. how dare a judge tell the attorneys, don't get into the law. isn't this a legal case? for the average person at home, they are not understanding that. i don't understand what you would let the jury go home for a week. they haven't been in there. there was no sequestration. now they are coming back and say we are willing to go until 7:00 p.m. that is big of them. they have been waiting for a week to get done with this and get on with their life. >> they were with their families and some of them went back to work. >> nobody talked about that case, i'm sure. >> they are swimming in a pool that is littered constantly -- you don't have to watch tv or listen to the radio to do the things to get all of this. people can text you and say by the way, i didn't like her hair or whatever it was. they have phones on them. >> they were right on that. it is the absurdity of all of that. the judge in every single step has pushed for the prosecution. it is not allowed. the foremost expert. they would not allow him to be a witness. >> my question goes to, sandra, finance law is not this judge's forte. >> that is not what he knows about. i would think you would want everyone to go into the law. >> if the government is going to try to imprison the former and possibly future president of the united states, the case better be a slam-dunk. this is everything with that. >> is the whole basketball co court. >> hush money isn't illegal. the jury is all that matters here. when the american public that has watch this carry-on for 6 weeks, 21 days and counting, they have not shown evidence of a crime. you have to think that is no different for this jury. they have not been shown evidence of a crime. the politics are starting to get really interesting now that we have learned that the president is going to speak at the white house after being quiet about his political opponent. i am curious what the next few hours hold here. we were discussing off-camera about this judge. i'm going to stick around tonight. the jury says they are willing to stick around. they are probably going to finish closing arguments by 7:00 tonight so they can move into the jury instructions tomorrow and deliberations. this could start to move very quickly. that is important that it does. >> i want to get there this. about 30 minutes or so, this was breaking news on "the faulkner focus was glue. the gag order has been denied in the classified documents case. the judge says there was not enough substance to the prosecution's request for a gag order against donald trump. is this case making a difference in other cases? the one i don't think so. i think she looked at this in isolation as she would do and recognize the huge first amendment concerns. i was that haven't been recognized in this case or d.c. basically said, you've got to talk to the defense before you come to me. work this out between yourselves. it's nice to see a judge recognizing that this is inexplicable as the aclu said in the d.c. case. from the political rights. this is when we are talking about for 2020 boy. returning to this for a moment. i am fascinated. the jury members are looking down. the one guy can't stop staring at todd blanche. one jury member was biting her fingernails. trying to glean every little movement to read something from the jury that has been pretty good at not showing their cards. i think the most powerful portion that we have seen from todd blanche is the part where he talks about intent. you need to have some sort of criminal intent. he laid out methodically, how do you have criminal intent when you write down the payments and a 1099. how do you have criminal intent when you fill out a white house ethics form and did note that payment? how do you have criminal intent and trump publicly tweeted about the payment? it is really powerful to think about. madeleine said he signed checks. this is a president who multitasks. i have seen it firsthand goonies leading the free world in 2016 and 2017 do you think he is plotting a criminal scheme with michael cohen? i have a bridge to sell you. >> that is the question. that is what the prosecution has to prove. if there were people in his constellation that can help the prosecution -- they hardly had any witnesses when you look at this entire case that talked about the check writing in the document. the other one is a convicted liar. he stayed on the stand for so long, the defense good to eat lunch off of what he was saying. maybe the third person would have been someone close to those payments who would have received them according to stormy stormy daniels. it was a wiffle ball contest at that point. we will see whether jury says. we are following up opposing arguments minute-by-minute. ocular right side of your screen, a quick catch up if you want to look and see are they and i break? we will bring you any breaking new developments like the denied gag order. we will see how that plays out. he is not gagged there. president biden is reportedly planning to bring his science on the trump drowned when the jury delivers its verdict. we will get into it more. stay close. ue psoriasis. he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. otezla can help you get clearer skin. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. live in the moment. ask your doctor about otezla. i try to put my arm around any vet that i can. absolutely. at newday usa, that's what we're doing. we put our arm around the veterans. when i think of the veteran out there that needs to refi his home, he may want to purchase and we can help them and provide that financial solution for them and their families. it's a great, rewarding feeling. everybody in the company, they have that deference and that respect and that love for the veteran that makes this company so unique. veterans, need cash? 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"me not himself gain the directive a year ago. the reelection campaign and dnc were not to publicly discuss any of their criminal investigations to trump, keeping a clear line between the west wing and the doj. until today. what changed? >> i mean, if anything presents the case that democrats are in full grown freak out mode, it was robert de niro. outside of the eat-in trial. jason quoted the article. the article almost left me in hysterics the way they were quoting democratic advisors. you can help but laugh at some of the things they were saying. i said many of them who are anonymously quoted saying they were asked on an hourly basis, what are we going to do? polling is getting worse by the day. one of them says he pours a drink to buy some time and how to respond. trump is running ahead of biden in most battleground states. if they are not in freak out mode, they are certainly wor worried. >> they may need a few drinks jason, here is president trump this morning. >> make no mistake about it. i am here because of crooked joe biden. see who is in the court room and you will see where they come from. this is all election hunting, election interfering. >> jason, that is what is so curious to me. you heard trump saying this is the biden trial. that is why i am all the more perplexed. a white house setting out a campaign want to show a statement isn't political according to the people who were granted anonymity. he is playing into trump's hand. trump says i'm here because of biden. biden's responses i might talk about the verdict from the white house. >> addressing it from the white house is not political? this is so absurd. they are so grumpy. there is no more grumpy person in the country than robert de niro. they are grumpy, because things aren't going well. they have nothing to talk about. it was memorial day weekend. joe biden was taking a nap in delaware. literally not doing campaign events on saturday and sunday. he did the right thing on mo monday. come on. to say that it is not political, the number 3 person in the department of justice as prestigious as it gets leaves to go work on this prosecution case. they say biden's department of justice had nothing to do with it. nobody believes that. >> it seems to me trying to have it both ways. stay out but never mind. they are thinking of calling the former president conf convictedn donald trump. they are going to celebrate this at this political reporting has any bearing of truth. >> change of heart apparently. they could be taking the higher road the entire time. biden promised in his campaigning when he said he would be the adult in the room. this absolutely plays a panic about the evolving of type of class. you contrast them trotting out deniro's comments were radically outdated. i was watching the group of people. everyone a different outcome. when is he talking about? we live here too. talking about the violence under trump, we didn't know what he was talking about. we have experienced a spike in violence ring biden's administration. he was bringing out violent imagery. that is so outdated. it really gives everyone a poor taste in their mouth right now and so many families are dealing with the violence of drug overdoses and poisonings in the violence on the streets and all the cities under biden's watch. for them to be -- calm out with this january 6th also nonsense. president trump is the one that sticks to exactly what americans want to hear about. it's what they are feeling. he's not saying disregard what you are feeling. he says, we are all feeling this right now taking advantage of every moment. the difference is staggering. >> this is what happens when one grumpy old man who is 81 calls another grumpy old man and they get together. somebody writes a script on the other, the younger guy about a year, robert de niro and they resent. it is steeped in 1957 or whatever year that they can remember right off the top of their heads or read on the script. it's unfortunate because there are people who would really like to hear a word that the president can solve some of their problems since he can't actually, you know, tell us that. he can't even understand what the problems are. i do find that politically interesting that this is the guy who would be a mouthpiece when you -- the guy who comes out mad, you think that's going to reach women in the suburbs. you think that's really going to help people pay their bills. you trot out this guy who is more angry than the original joe biden. what is it about the grumpy old men being angry and biden seems to think more of the same is going to help him. i'm not convinced that he didn't know about this. i'm sure he is part of the conversation.. get to the courthouse now. if that case wraps up in the verdict is in the middle we need to get a jump on it. the gag order because the that has been denied. they jump on the stump of the white house today. i don't know how effective that is if these are your people. >> if i had to place a wager, i would think that robert de niro -- all right. democrats are "freaking out" over biden's chances of beating the former president. one advisor says they are right to be scared. that is next. on medicare? 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