JURY HEARD A WEEK OF GRIPPING TESTIMONY FROM THE LOYAL -- LAWYER WHO HELPED AND ONE OF DONALD TRUMP'S CLOSEST AIDES. JOINING ME NOW WE HAVE DAVE EHRENBERG AND PATRICIA HURTADO, LEGAL REPORTER FOR BLOOMBERG NEWS AND I WELCOME YOU BOTH. PATRICIA, WHAT ARE YOUR BIG TAKEAWAYS FROM THE TRIAL THIS WEEK? >> IT WAS ACTUALLY STUNNING TO HEAR HIM DESCRIBE THE CHAOS THAT ERUPTED WHEN THE CAMPAIGN WAS NOTIFIED THAT THE STORY WAS ABOUT TO BREAK ABOUT THE KAREN McDOUGAL PAYOFFS. THEY WERE PREPARING FOR DONALD TRUMP TO HAVE HIS DEBATE AGAINST HILLARY CLINTON AND SHE DESCRIBED GOING TO HER ROOM WITH THAT THE LIKES OF STEPHEN MILLER AND CHRIS CHRISTIE ALL HELPING TRUMP PREPARE FOR HIS DEBATE WITH HILLARY CLINTON AND THEY HAVE TO TELL HIM ABOUT THIS STORY THAT IS ABOUT TO BREAK AND THEY WERE WORRIED RIGHT AFTER. >> OF COURSE, TALKING ABOUT THAT, THE TESTIMONY APPEARED TO SHOW THAT SHE WAS GRATEFUL FOR TRUMP SUPPORTING AND LAUNCHING THE CAREER. IT MEANT THAT SHE KNEW MORE ABOUT THIS SCHEME THEN TRUMP WOULD HAVE LIKED. DID HER TESTIMONY DO MORE TO HELP THE PROSECUTION OR THE DEFENSE? >> I THINK IT HELPED THE PROSECUTION BECAUSE SHE CLEARLY STATED THAT THIS WAS ABOUT GETTING DONALD TRUMP ELECTED. THIS WHOLE SCHEME WAS ABOUT HELPING HIM THROUGH THE ELECTION. ALTHOUGH IT IS TRUE, SHE DID SAY THAT TRUMP WAS WORRIED ABOUT THE REACTION AND THAT WILL HELP THE DEFENSE. SHE SAID IT WAS A BIGGER PRIORITY TO GET TRUMP ELECTED. THIS WAS ABOUT THE CAMPAIGN. THAT'S WHY PROSECUTORS CALLED HER AND THAT IS WHY SHE IS A WITNESS. IT DIDN'T HURT THE PROSECUTORS THAT SHE BROKE DOWN DURING CROSS-EXAMINATION AND STARTED CRYING BECAUSE YOU CAN SEE THE EMOTION IN HER THAT SHE HAD TO IN ESSENCE WRITE OUT HER BOSS, THE GUY THAT SHE LIKES AND ADMIRES AND SHE KNEW THE IMPORT OF THAT MOMENT, SHE WAS HELPING PUT HIM PERHAPS BEHIND BARS IN A CONVICTION. THAT'S WHY I THINK SHE SHOWED THAT EMOTION AND I THINK THAT IS A LASTING IMPRESSION. >> LET ME JUST TELL YOU WHAT A NEW YORK TIMES REPORTER TOLD ME. SHE SAID THAT POINT THAT HOPE MADE WHERE SHE SAID THAT DONALD TRUMP WAS WORRIED ABOUT MILANI, SOMETHING THAT SHE MADE, IT WAS MORE ABOUT THE CAMPAIGN, SHE SAID YOU'RE GOING TO HAVE TO BELIEVE THAT MELANIA LIVED IN SOME SORT OF A NEW SILO AND JUST NOT GETTING THE NEWSPAPERS THAT SHE WOULD HAVE NO IDEA WHAT WAS GOING ON, THE JURY WOULD HAVE TO BELIEVE THAT. LET ME ASK YOU ABOUT THIS BECAUSE DONALD TRUMP GAVE HIS OPINION OF HOW THE TRIAL IS GOING OUTSIDE THE COURTROOM ON FRIDAY, LISTEN. >> THE JUDGES HIGHLY CONFLICTED, YOU SHOULD NOT BE ALLOWED TO BE THE JUDGE OF THIS CASE. HE IS TRYING TO MAKE IT AS SALACIOUS AS POSSIBLE BY ALLOWING FOR US -- IT HAS NOTHING TO DO WITH THE CASE. HE WANTS TO MAKE IT IN ISOLATION'S CASE, TRYING TO HURT TRUMP. THE POLL NUMBERS ARE HIGHER THAN THEY'VE EVER BEEN AND THAT'S THE STORY. IS TRYING TO MAKE IT SALACIOUS. HE IS ALLOWING THINGS AND THAT HAVE NOTHING TO DO WITH THIS CASE. NOTHING TO DO WITH IT. >> OKAY, PATRICIA, THREE TIMES USING THE WORD SALACIOUS, IS THAT REALLY HOW THIS TRIAL IS GOING? >> IT STRUCK ME ON FRIDAY ABOUT THE TESTIMONY, HERE IS A WOMAN THAT IS OBVIOUSLY UNCOMFORTABLE BEING THERE, OBVIOUSLY SHE MENTIONED THAT I HAVE TO TESTIFY BEFORE THE GRAND JURY AND I HAVE TO TELL THEM WHAT THEY ARE ASKING ME KNOW. SHE IS OBVIOUSLY VERY TROUBLED WHICH IS WHY SHE STARTED CRYING AT THE END OF THE DIRECT IN THE BEGINNING OF THE CROSS. BUT WHAT SHE SAID WAS TWO IMPORTANT THINGS. WHAT WAS HIS STATE OF MIND, WHAT DID HE KNOW ABOUT THIS PAYOFF? AND SHE SAID THAT TRUMP TOLD HER THAT MICHAEL HAD PAID MONEY TO SILENCE THIS WOMAN AND THAT HE HAD DONE NOTHING WRONG. THE JURY MIGHT THINK OTHERWISE BECAUSE THEY'VE HEARD DIFFERENT TESTIMONY FROM DIFFERENT PEOPLE ABOUT STORMY DANIELS AND KAREN McDOUGAL. THE SECOND THING SHE SAID WAS THAT TRUMP SAID THAT IT WAS BETTER THAT IT CAME OUT NOW AFTER HE WAS ELECTED PRESIDENT THAN IF IT HAD COME OUT WHEN HE WAS RUNNING DURING HIS CANDIDACY IN 2016. TWO CRUCIAL POINTS, THE JURY HAS TO KNOW THE STATE OF MIND, WHAT IS DONALD TRUMP STATE OF MIND, WHAT DOES HE KNOW ABOUT THESE PAYOUTS? HERE HE IS SAYING TWO TIMES, I DIDN'T DO ANYTHING WITH THAT, I DIDN'T DO ANYTHING WRONG. NUMBER TWO, IT WAS BETTER THAT IT CAME OUT AFTER I GOT ELECTED. >> LET'S TALK ABOUT THE NEW YORK TIMES WHICH DESCRIBES THE PROSECUTION STRATEGY FOR THE OPENING PHASE OF TESTIMONY AS SPOTLIGHT THE SLEEVES AND SOFT- PEDAL THE RECORDS. DO YOU AGREE WITH THAT ANALYSIS SO FAR? AND IF SO, IS IT AN EFFECTIVE APPROACH? >> YES, YOU WANT TO TAKE THE STING OUT OF THE WEAKNESSES. YOU DON'T WANT THE DEFENSE TO BE THE FIRST ONES TO POINT OUT THE FLAWS IN THE KEY WITNESSES. WHAT THEY'RE TRYING TO DO IS TO ESTABLISH A FIREWALL AROUND THE KEY WITNESS OF MICHAEL COHEN. MICHAEL COHEN IS A FLAWED WITNESS. IF YOU COME UP WITH A PRE- BOTTLE, YOU GOT DAVID , YOU HAVE KEITH DAVIDSON AND NOW YOU HAVE KAREN McDOUGAL AND STORMY DANIELS. BY THE TIME THAT MICHAEL COHEN TAKES A STAND THE JURORS WILL ALREADY HAVE SEEN THE FACTS AND THEY ARE GOING TO BE MORE WILLING TO BELIEVE HIM. I DO NOT BELIEVE THAT MICHAEL COHEN WILL BE THE FINAL WITNESS. HE IS A FLAWED WITNESS. THEY GO INTO THE DELIBERATION ROOM, THEY ARE WORKING REALLY HARD TO POINT OUT THESE IN ADVANCE TO GIVE THE EVIDENCE IN ADVANCE TO PROTECT MICHAEL COHEN TO CREATE THE FIREWALL AND I THINK THAT'S WORKING. >> THIS IS THE WEEK THAT THE PROSECUTION WILL LIKELY START FOCUSING ON THAT. WHAT DOCUMENTS WILL THE JURY SEE? >> THEY'RE GOING TO SEE THE SIGNED CHECKS. REIMBURSING MICHAEL COHEN FOR HIS HUSH MONEY PAYMENTS TO STORMY DANIELS. WE HAVE ALREADY SEEN A TON OF EMAIL EXCHANGES AND WE KNOW THAT DONALD TRUMP DIDN'T SEND EMAILS, BUT ALL OF HIS UNDER LINKS DID. THE COMBINATION OF HIS TEXT MESSAGES TO DAVID PARKER AND DYLAN HOWARD, THE NATIONAL EDITOR, WE'VE SEEN ALREADY LOTS OF COMMUNICATIONS SO WE'VE ALREADY SEEN A TON OF RECORDS, BUT IS A PAPER TRAIL. HE IS CLAIMING THAT THESE ARE SALACIOUS SLEAZY ALLEGATIONS, THIS IS A STORY ABOUT A PORN STAR AND A PLAYBOY MODEL AND COVERUPS IN PAYMENTS OF MONEY, WHOSE IDEA IS THAT? IT DONALD TRUMP MAY COMPLAIN ABOUT THAT BUT THAT IS THE ESSENCE OF THIS CASE. >> VERY TRUE. >> THE BUSINESS RECORDS VIOLATION OF THE PEOPLE HAVE BROUGHT AGAINST PRESIDENT TRUMP, THE 34 COUNTS ARE REALLY JUST 34 PIECES OF PAPER. SO, WHAT DOES THE PROSECUTION HAVE TO DO TO SHOW THE JURY THAT THOSE 34 PIECES OF PAPER HAVE CRIMINAL INTENT TO THEM? >> THIS IS ALL ABOUT THE FALSIFICATION OF BUSINESS RECORDS WHICH IS JUST A MISDEMEANOR. TWO, A FELONY IT'S GOT TO SEE ANOTHER CRIME. IS SO FAR THE PROSECUTION HAS BEEN SUCCESSFUL IN TYING TRUMP TO THE SCHEME AND TO SHOW THAT IT WAS MEANT TO INFLUENCE THE ELECTION. THE ONLY MISSING PIECE OF THE PUZZLE IS THAT THE PROSECUTION HAS NOT YET ESTABLISHED THAT DONALD TRUMP WAS INVOLVED IN THE FALSIFICATION OF THE BUSINESS RECORD ITSELF. SO WHEN THEY ATTRIBUTED THESE PAYMENTS AS LEGAL FEES, WITH DONALD TRUMP RESPONSIBLE FOR THAT? THAT'S WHY THINK THEY'RE GOING TO USE MICHAEL COHEN. JUST FILLING IN THE LAST PIECE OF THE PUZZLE. YOU'RE RIGHT, IT'S JUST 34 PIECES OF PAPER BUT AS A PROSECUTOR, PIECES OF PAPER WILL GET YOU A LOT OF PRESENT TIME. TRYING TO MINIMIZE IT BUT I DON'T THINK IT'S WORKING. >> WHEN DO YOU THINK THEY TAKE A STAND? >> IT'S OBVIOUS THAT WHAT THEY'RE DOING IS BEEN BUILDING UP SLOWLY. HANDICAPPING THIS HAS BEEN A GAME AMONG JOURNALISTS FOR WEEKS NOW. WHEN ARE THEY GOING TO PUT THEM ON. THEY LAY THE GROUNDWORK COMPLETELY AND HE COULD BE THE ULTIMATE WITNESS. HE HAS BEEN BASICALLY THE GUY THAT IS GOING TO PUT ALL OF THIS, TILE OF THE LOOSE ENDS TOGETHER. WE STILL NEED TO SEE A LITTLE BIT MORE ABOUT THE FINANCES AND THE PAYMENTS WE'VE HEARD. ANY DAY NOW IS PROBABLY THE BEST GUESS.
