MUCH. GARRETT TENNEY WILL BE COVERING THAT ALL DAY TODAY FROM DALLAS. IN THE MEANTIME, I WANT TO GO TO TOM, OF COURSE, BEING AN EXCELLENT LAWYER, HE'S NOT LOST ON THE POLITICAL IMPACT OF SOMETHING GOING ON IN THE COURTROOM, IN THE HUSH MONEY TRIAL FOR THE BETTER PART OF WHAT, 20 DAYS OR SO. WE KNOW ALREADY, TOM, THAT MICHAEL COHEN IS GOING TO BE BACK ON THE STAND BEING CROSS-EXAMINED AND WE KNOW THAT THE JUDGE WANTS TO WRAP THIS UP, I THINK AS EARLY AS TUESDAY. WHAT DO YOU THINK OF THAT? >> WELL, I DON'T THINK THIS IS GOING TO WRAP BY TUESDAY. THERE'S STILL A LOT TO GO WITH MICHAEL COHEN. THE TRUMP TEAM IS GOING TO KEEP CROSS EXAMINING HIM AND THEN THE PROSECUTORS WILL HAVE A CHANCE TO REHABILITATE THE DAMAGE THAT THE DEFENSE TEAM INFLICTED ON COHEN LAST WEEK AND THEN WE'VE GOT TO GET A DEFENSE PRESENTATION, THE TRUMP TEAM WILL HAVE A CHANCE TO PUT ON THEIR CASE WHICH WILL BE STREAMLINED, BUT COULD TAKE A DAY OR TWO AND ONLY THEN DO YOU GET TO JURY INSTRUCTIONS AND CLOSING ARGUMENTS. ALTHOUGH THE JUDGE WANTS TO MOVE THIS ALONG QUICKLY, I DON'T THINK IT'S REALISTIC TO THINK THAT THIS IS GOING TO WRAP ON TUESDAY. NEIL: WE TALKED ABOUT THAT IT'S HAD NO IMPACT ON DONALD TRUMP IN THE POLLS AND WINNING IN THESE BATTLE GROUND STATES. THAT COULD CHANGE, BUT COULD A CONVICTION CHANGE THAT? AND I DON'T WANT YOU TO WEIGH ON THE POLITICS OF THAT, BUT HOW LIKELY IS IT A CONVICTION? WE DON'T KNOW WHAT'S IN THE MIND OF THE JURORS AND WE KNOW ANECDOTALLY THEY WERE RIVETED CERTAINLY BY STORMY DANIELS WHEN SHE WAS TESTIFYING, BUT NOT AS MUCH, BUT PAY CLOSE ATTENTION TO MICHAEL COHEN AND LESS SO THE ACCOUNTANTS AND NUMBERS GUY. SINCE I'M KIND OF A NUMBERS GUY, THAT KIND OF OFFENDED ME. LEAVING THAT ASIDE, WHAT ARE WE TO MAKE OF THAT? >> WHAT I MAKE OF THAT, NEIL, OVER THE COURSE OF THIS TRIAL THE LIKELIHOOD OF CONVICTION HAS DROPPED. I THINK THAT THE DISTRICT ATTORNEY CAME INTO THE CASE THINKING THEY WOULD BE ABLE TO PROVE THESE CHARGES THROUGH WAYS OTHER THAN MICHAEL COHEN'S TESTIMONY, BUT AS IT TURNED OUT THEIR CASE RELIES PRETTY MUCH EXCLUSIVELY OR IN LARGE PART ON MICHAEL COHEN AND THE TRUMP TEAM I THOUGHT DELIVERED A DEVASTATING CROSS EXAMINATION LAST WEEK SO FOR THAT REASON, I THINK THAT THE ODDS ARE FAIRLY HIGH THAT THERE'S GOING TO BE AT LEAST ONE JUROR THAT CONCLUDES THE PROSECUTION HAS NOT PROVEN ITS CASE UNDER THE HIGHEST STANDARD KNOWN IN AMERICAN LAW, BEYOND A REASONABLE DOUBT. NEIL: WHAT IF THE DEFENSE, NO DOUBT, TRIES TO GO TO THE JUDGE AND SAID YOU CAN'T BRING THIS TO THE JURY. WHAT DO YOU THINK THE ODDS ARE OF THAT? >> IN MY VIEW, NEIL, THE ODDS OF THAT ARE LOW, THAT THE JUDGE IS NOT GOING TO SEND THIS CASE TO THE JURY. I THINK THE DEFENSE TEAM WILL MAKE THAT REQUEST. BUT MY SENSE BASED ON THE WAY THIS JUDGE APPROACHED THIS CASE AND BASED ON RULINGS IN THE PAST, I WOULD BE VERY SURPRISED IF HE REFUSES TO SEND THIS CASE TO A JURY. I THINK HE'S GOING TO SAY LET'S LET THE JURY MAKE THE CALL AND AFTER RENDERING A VERDICT IF HE DOESN'T THINK THERE'S ENOUGH EVIDENCE FOR CONVICTION, THE JUDGE COULD THROW IT OUT AT THAT POINT, BUT I DON'T THINK HE'S GOING TO TAKE IT AWAY FROM THE JURY BASED ON THE WAY HE'S RULED RECENTLY. NEIL: CAN I GO TO DIFFERENT LEGAL QUESTIONS ON HUNTER BIDEN, HE WANTS IT POSTPONED AND THE DEMOCRATS SAY THE DELAY, DELAY STRATEGY IS RIDICULOUS WITH TRUMP, BUT MAYBE WHEN IT COMES TOER BIDEN. >> I DON'T THINK THERE'S ANYWAY THAT HUNTER BIDEN IS GOING TO AVOID THESE TRIALS. FIRST IN DELAWARE AND THEN IN CALIFORNIA. IT DOESN'T SURPRISE ME THEY THREW THE HAIL MARY PASSES TO GET THE JUDGES TO THROW IT OUT BEFORE TRIAL, BUT I DON'T THINK THERE WAS ANY LIKELIHOOD OF THEM GETTING GRANTED AND WHAT WE'VE SEEN BOTH JUDGES ARE GOING TO KEEP THE TRIALS ON TRACK AND IT'S A VIRTUAL CERTAINTY THAT BOTH PROSECUTIONS ARE GOING TO MOVE AHEAD WITH TRIALS IN JUNE. NEIL: ALL RIGHT. NOW, BACK TO DELAWARE IF YOU DON'T MIND. THE WAY I SEE THE TRIALS, THE DOCUMENTS CASE, WHAT'S GOING ON IN ATLANTA, WHAT'S GOING TO HAPPEN WITH FANI WILLIS, WHETHER SHE'LL BE ON THIS, NOT ON THIS. THOSE AREN'T GOING TO MATERIALIZE BEFORE THE ELECTION THE WAY I SEE IT. THE ONLY CASE THAT LOOKS TO BE ADJUDICATED THE WAY I SEE IT IS THIS HUSH MONEY CASE, AND NO EFFECT ON DONALD TRUMP POLL-WISE AND AS A SMART LAWYER, THE ODDS OF CONVICTION ARE LOW. SHE HE COULD BE DODGING A LOT OF BULLETS WITH FUTURE BULLETS DELAYED PAST AN ELECTION THAT HE JUST COULD WIN? >> I THINK THAT'S EXACTLY RIGHT. LOOK, WHEN THIS WHOLE LITIGATION PROCESS STARTED, FOUR DIFFERENT CASES, I THINK A LOT OF THE CONVENTIONAL WISDOM WAS THAT THE JANUARY 6TH CASES OR THE DOCUMENTS CASE, WOULD MOVE AHEAD FIRST, PEOPLE THOUGHT MAYBE THE GEORGIA CASE WOULD MOVE AHEAD FIRST, BUT WHAT WE'VE SEEN IN LARGE PART THROUGH STRATEGIC MISJUDGMENTS BY THE PROSECUTORS, FANI WILLIS, JACK, AND I DON'T THINK THERE'S ANY CHANCE THAT ANY OF THOSE THREE CASES GO TO TRIAL BEFORE NOVEMBER. IF FORMER PRESIDENT TRUMP WINS THE ELECTION IN NOVEMBER, IT'S THE ULTIMATE GAME CHANGER, TWO OF THOSE THREE, THE FEDERAL ONES, WILL GO AWAY THE DAY HE'S INAUGURATED. NEIL: THE OTHER ATTEMPT OF REMOVING THE GAG ORDER AGAINST HIM HAS BEEN BEEN TAKEN UP WITH THE APPEALS COURT. AND I'M WONDERING, TOM, WHETHER IT DOESN'T MATTER NOW SO LATE IN THE PROCESS, JUST MOVE ON? >> YOU KNOW, I THINK THERE'S SOME TRUTH TO THAT. I THINK ONCE THIS TRIAL ENDS, I THINK HIS CHALLENGES TO THE GAG ORDER IN LARGE PART BECOME MOOT, MEANING THERE'S NO REAL LIVE DISPUTE HERE BECAUSE THE TRIAL IS OVER. THAT BEING SAID, IT'S NOT SURPRISING TO ME THAT TRUMP IS BATTLING THIS ALL THE WAY. THE LEGAL DEFENSE TEAM HAS TAKEN A CHALLENGE TO THE GAG ORDER AND CHALLENGED IT IN THE LOWER APPELLATE COURT AND TRYING TO TAKE IT TO THE HIGHEST COURT AND MY GUESS IS THAT NEW YORK'S HIGHEST COURT IS GOING TO AFFIRM THE SCOPE OF THE GAG ORDER, BUT IT DOESN'T SURPRISE ME THEY'RE PUSHING BACK HARD ON THIS. THE GAG ORDER IS REDUCING HIS SPEECH AND THEY HAVE A RIGHT TO APPEALS. NEIL: YOU KNOW WHY I KNOW YOU'RE BRILLIANT, MAN, YOU HAVE A LOT OF BOOKS BEHIND YOU. AT A MINIMUM YOU'RE EXTREMELY WELL-READ. TOM,
