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don't miss out on our fastest speed plans yet! switch to comcast business and get started for $49.99 a month. plus, ask how to get up to an $800 prepaid card. call today! of course andrew weissmann told a great story during the commercial break, the 11th hour starts right now. tonight, the star witness giving the defense a run for their money, the tents cross- examination of stormy daniels and what happens when trump's team asked again, for a mistrial. plus, blowback from biden's warning to israel. the defiant comments today, from prime minister benjamin netanyahu about a ground invasion of rafah.

and guesses back, as trump and biden fight for her voters, nikki haley is coming out of the sidelines as the 11th hour gets underway on this thursday night. good evening we are now 180 days out from the election and 14 days into donald trump's criminal trial. today, adult film star stormy daniels returned to the witness stand and faced off against trump's defense team in a very interesting cross-examination. my coley, laura jarrett, has more. >> tonight, stormy daniels leaving court after a blistering cross-examination former president trump's defense team suggesting she's been trying to cash in on her story of sex with mr. trump at a celebrity golf tournament, 18 years ago which he denies ever happened. the defense today, accusing daniels, of lying.

trump attorney susan necheles hammering daniels years in theindustry said it gave her a lot of experience about making sex appear real daniels fighting back saying if the trump story was untrue, i would have written it a lot better, their exchanges growing heated, you've acted and had sex in over 200 movies but according to you, seeing a man sitting in bed and a t-shirt and boxer shorts was so upsetting that you almost fainted? daniels, defiant, noting mr. trump is twice her age and bigger, necheles saying you made this all up, right? daniels, forcibly responded, no, and necheles pressing, your story has complete we changed, hasn't it, daniels answering again, no, saying, this signed a statement where she denied an affair with mr. trump was done while she was

trying to comply with the terms of a nondisclosure agreement in which she was paid to keep silent. today the defense argued that daniels has a financial stake in trying to take mr. trump down, after making more than $1 million offer story in books, a strip club or and various other merchandise on her website, like a $40 stormy saint of indictments kendall, necheles accusing her of trying to make money trying to sell a story that you promised would put president trump in jail, right, daniels responding, no. prosecutors say the payment was meant to keep her quiet so she couldn't derail his campaign. defense says there was no crime, it was all a shakedown. daniel testifying today, i was asking to sell my story to publications to get the truth out. necheles saying, she could have just done that with a press conference for free. daniels responding, i could have

, necheles asserting, you chose to make money, right? daniel saying, i chose to take the nondisclosure agreement. the jury today again hearing a phone call between michael cohen and daniel's lawyer, who negotiated the nda, that lawyer saying, she wanted this money more than you can ever imagine. on redirect by the state, daniels told the jury, money didn't drive her motivation for signing the nda, quote, we are all happy to take money, it was just a bonus. later former trump aid madeleine wester house testifying about mr. trump's reaction when the story about the hush money deal first broke saying i remember he was very upset, late today, the judge denying the defense renewed request for a mistrial, mr. from's attorneys had argued that daniels salacious testimony was prejudicial. the judge also refusing to change the gag order which currently bars mr. trump from commenting on daniel's testimony. >> everybody saw what happened today. i don't think we have to do any explaining. i've got to get back on the

campaign trail. i'm not supposed to be here. we are so innocent. there's never been anything like it. >> and with that, let's bring in our leadoff panel, hugo low, for the guardian, former federal prosecutor and jeremy salon, criminal defense attorney and former ada and the trial of that manhattan das office, so good to have you here, jeremy, i will start with you, you and i are former prosecutors in das offices. but i've got to start with this, the slot shaming that went on today, it reminded me when i prosecuted a sexual assault case and a criminal attorney got up and try to shame the victim by attacking the way she dressed or why she was where she was at the time, what shocked me was this was done by a woman, this was done by a female terminal defense attorney, your thoughts about

whether or not that strategy backfired? >> sometimes you come with a woman defense attorney to soften the blow, and it did the opposite. and it was dehumanizing, it was degrading, it was insulting, sure, she may have lied which frankly, donald trump wants money, it's rich to be rich, but i thought it really kind of backfired, i think, you have to take more of an approach of not coming out swinging because donald trump wants her to pay back in spades, that doesn't help your client even if he wants that to happen, it hurts and you as the defense attorney, do not want to be all eyes on you as the bad guy, center of attention because then all of a sudden you have a sympathetic witness and then it becomes the story which it didn't need to be about the sex when it's not that case. >> and hugo, to jeremy's point, why waste so much valuable time if you are the defense, class crossing stormy daniels, on all

of these issues when you just got up and made such a big stink on tuesday about the prosecution getting too much time into the details. i went back and i looked at the opening statement by todd blanche, in the opening statement he actually says to the jury, i'm going to say something else about her testimony, her being stormy daniels and this is important. it doesn't matter. hugo, your thoughts on that? >> trump's lawyers on the cross- examination of stormy daniels was really trying to focus on the inconsistencies in her various retellings of the story because he has gone out and basically talked about her sexual encounter with trump multiple times, but the one thing that was constant throughout all of her retellings of the story and this was elicited by prosecutors later on, was, she has always said that she had sex with donald trump in 2011 when she did the interview with intouch magazine and in 2018

when she did the interview with anderson cooper and on the stand at trial and it was kind of extraordinary to see, susan necheles, trump's lawyer, spend so much time on the things that they later complained about when they made the motion for a mistrial, all of this testimony and that included whether or not they spent together had dinner, they spent a long time talking about whether daniels was making up the story of the encounter, that focus more attention on the salacious details and not on the fact that she had no direct dealings with the falsified business records. >> and you know, it focused more attention on the fact that the offense didn't object, the motion for a mistrial, that was denied by judge merchan, he excoriated the defense at the end of the day. but he minute clear to the defense if they didn't object and if you look at the transcript of today's hearing

he said to the defense, i was surprised there weren't more objections and he also said to hugo's point, you didn't spend any time on cross, with daniels talking about her lack of personal knowledge about the falsification of the business records. this is the second motion for a mistrial, was this done for the legitimate purpose of doing a mistrial right now, or they are just doing it for purposes of an appeal? >> i don't think they needed to do it for purposes of appeal. my suspicion is that you know, they are doing donald trump's bidding, he's a difficult client, i think they made a strategic error by not just conceding that this encounter happened, they could have preempted most of her to testimony but they had to call her because trump has been denying it for years, and ton lance repeated the denial in

his opening statement so now if you believe stormy daniels testimony, then the only natural conclusions are that donald trump is lying as part of his defense and his lawyer, his lead counsel is not to be trusted because he will pass along his clients lies. all of the inconsistencies, susan necheles was driving at today, i wasn't in the room but i found it to be reading it, quite silly because, the only thing the jury needs to believe is that the two of them had sex and i don't think any serious person doubts that, so all of us, the only thing the jury has to take away is that they had sex, that's it. >> you know the other thing, too, they didn't believe dino the dormant but they still paid him off, to but if you don't believe stormy daniels, why are you paying her off anyway. at the end of the day, the defense actually moved or made an application as they call it in new york, to amend the gag order, donald trump saying through his lawyer that he needs to be able to respond to

stormy daniels because last night her friend went on cnn, and made some statements that corroborated her statements, we will play a quick bit of sound because senator scott from florida was there with his pal, donald trump at the trial and he had some things to say. >> the judge's daughter is a political operative. raises money for democrats. you've got the elite prosecutors wife, a significant donor to democrats, i think, biden, this is just a bunch of democrats saying, we want to make sure that donald trump can't talk. >> jeremy the last time you and i were together, we were talking about this gag order and whether or not trump was going to get jail but here's the interesting nuance, so the expanded gag order imposes upon trump that he can't make statements about witnesses and he can't make other people say

it in this instance, was this the new version of donald trump trying to and run a court order by having his surrogates talk about other people like witnesses? >> first of all we heard from trump and we heard that he puts loyalty before anything else before intelligence, work ethic, integrity, and that is frankly what rick scott is, he's there for his own agenda, but he's a loyal soldier for trump . let's look at who that is. number 2, in terms of enforceability, let's think of this as an order of protection. it's very hard when there's a third-party contract to establish that it was done at the behest of the bad actor or the person who's the accused, so you take that here, it's a same issue. how do we prove that rick scott was acting on the behest of

trump, i think it is dead in the water but that's also in part, why judge merchan is recognizing that we have to keep this intact, i'm not going to limit it because ultimately other witnesses will come on and they can't have the fear that as soon as they're done testifying it's attack, attack whether it's donald trump or someone else. so it's limited in its scope and it's doing its job. >> jeremy, do you go back if you are alvin brad, do you go back and try and get an even more expanded gag order where it prevents that from happening? >> where you bring in rick scott and you have him put under oath and say whether or not donald trump had him say these things. >> it become such a sideshow. are you have rick scott testifying and he's cross- examined on whether he tells the truth or not, they don't need that. this is a records case and the das office needs to move this forward and get this done and get it to a conclusion. >> hugo i also want to talk about one of the other witnesses, rebecca, she was the

assistant to alan weisselberg and the thing that really stuck in my craw about her testimony, putting aside the fact that trump and weisselberg were thick as thieves, the checks went from the trump organization to keep the bodyguards personal address in washington, d.c. and that is how the checks made it to donald trump who went through madeleine to get them signed. why are the checks not going into a pouch to the white house like everything else would? >> we got a granular look at how the check signing process took place, madeleine westerhout also testified to this later, about how the checks go from new york , they would be put in a fedex package and then it would get fedex to d.c. and it would end up at schiller's house and then it would go to the white house. it's an interesting story and

details that we haven't heard previously. it's not clear why they went through this process, susan necheles tried to suggest on cross that it was mainly because the way that the white house mail processing work, that the checks wouldn't arrive to the oval office fast enough and they needed this expedited but that wasn't ultimately elicited. i think it was interesting that tying all of the players together, we are talking about a criminal conspiracy an earlier we heard stormy daniels talking about how it was schiller up and schiller makes another appearance here and you have this cast of characters and i thought in that sense it was significant with tying the story and one nice bow.

>> schiller is the bodyguards standing outside the hotel went stormy daniels has the dinner and i believe the reason why it goes to schiller is that there is less of a trail, less of people knowing at the white house that these checks are going for trump to sign them. madeleine westerhout, the last witness on the stand, the waterworks bothered me. i know she's young, but hope hicks and madeleine westerhout crying on the stand, both of them, both of them paying you know, some type of mosh to donald trump, but madeleine westerhout was interesting because just like hope hicks, she did her former boss in, she said donald trump paid attention to the details. he signed the checks himself with that notorious sharpie but he definitely was aware of everything that was going on. are these witnesses that are being called by the prosecution, are they doing damage to donald trump because on the cross, you saw susan

necheles, are you okay, you made mistakes, you were young? >> yeah, i mean, look , some of these witnesses are filling in fairly narrow gaps, but things that are useful to the das case but i want to echo something that jeremy said because i share his view that like this needs to move to the main event at this point. i don't know how many books they put into evidence by donald trump at this point but are we ever going to talk about his involvement in falsifying the records, whether he knew that was an underlying crime, whether the das office can establish that he intended to aid or conceal a crime given his involvement, of course they are going to get there. they have to get there whether they like it or not. but we are halfway through this trial according to the das office, and madeleine westerhout won't make or break the case, the books won't make

the case and so, you know, they are useful, but i don't think they've established the key thing yet and they will need to get there. >> i want to stick with this for one second before we've got to part ways. but the falsification of the business records, that is the layout, there was never a retainer agreement, michael cohen will testify that he was not providing legal services, so that's your misdemeanor, that's the 34 misdemeanors right there. you don't think there's been enough from the prosecution to talk about the intent of the motive as to why donald trump would want to hide this before the november 2016 election? >> that's not what they need to establish, they need to establish that he falsify the records to conceal a crime, so someone has to put into his head on the prosecution has to

established by evidence, that he was aware that there was a potential criminal exposure resulting from the underlying repayment scheme. it's not enough to say that you don't want the story to come out because it'll be bad for the election, that will not get them the conviction. >> we have to go because i'm being told we have to go but there is a new york statute that deals with concealing to be able to advance a political opponent or political campaign so i want to continue this but thank you so much, thank you for being here, everybody else is sticking around because when we come back, trump's delay tactics may be paying off. will any of the other cases see the light of day before the election and later biden draws a line in the aysand with israel, threatening to withhold weapons if they go into rafah, we get h into all of the fallout. the 11th hour is just getting underway on this thursday night. .

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well donald trump's new york trial grinds on, his legal team is still dealing with his three other criminal cases and successfully kicking those trials down the road. hugo, you and i talk all things mar-a-lago, probably more than we should. but the strategy has always been delay, delay, delay, everyone saw this coming but the tactics still work for him with eileen cannon, so do you think that the voters are going

to be paying attention at all to the fact that the only case that's gone to trial is the one in new york? >> i think that is an interesting question because i think there are a lot of voters who are aware that there are multiple criminal cases against the former president and the fact that trump will only be in a courtroom facing criminal trials once before the election, you know, the fact that the mar-a-lago documents case has no trial date, in georgia, we have no trial date, and the january 6th case, we are waiting on the, they do notice that the cases are not moving forward, as to how they vote, i think that's an open question.

maybe they think it's a bit of a sham like trump says but i can see other people go, this guy is an expert at weaponized in the justice system and making sure he doesn't have to face accountability before a trial. >> you know, ankush, colleagues, you guys have been watching the impact of these trials on donald trump, is it the inability to campaign and also how it affects his legal future. my question is, we expect michael cohen to testify, but to hugo's point, i think the trial will be done in a few weeks and trump is going to be back on the trail, maybe scotus comes back with a ruling before the end of term, june, that would actually tell us what will happen with the d.c. election interference case but what does all of this mean in your opinion moving forward as they kind of wait for big blockbuster testimony and a verdict in this case. >> it's an undesirable situation. i completely agree, we've done polling at politico and we try

to wrap our heads around it. we can't predict with any certainty what the fallout will be and of course, you know to my mind, the maddening thing about this situation is how the supreme court has handled trump's immunity claim arising from the justice department and the prosecution over the 2020 election. i've said this before, the oral argument on trump's ridiculous claim was a national disgrace. it will be back in the news whenever they issue their opinion which looks like it'll be favorable to trump thanks to the fact that a third of the joints justices were appointed by him and several others are reliable republican votes, but, whether it will register, it's hard to say, from our point, people have been paying the

closest attention to the case and have been most engaged with that case. so i think they will be attentive to it but the reality will be if there's not a trial, that's a huge blind spot headed into november for voters. >> hugo, you and i have to talk about the other case which is fulton county, the georgia appellate court indicating they are taking the appeal quote unquote by donald trump and other defendants not to disqualify da willis, if you recall, mcafee entered an order that stated regardless of whether they took up the case that he was still going to forge ahead with the pretrial deadlines, and we still don't have a trial date. >> i think that is the one thing, it's not like we had a trial date in the documents case and i got vacated, we've never had a trial date and at the rate we are going, the

georgia supreme court, if they take their time to rule on the willis disqualification matter, we may not have a trial until next year and if we don't have a trial until next year, mcafee may not even be a judge anymore and god knows how long it'll take for the case to work its way through the rest of the pretrial motions and that is telling just how far back we are in fulton county from proceeding to taking this matter before a jury. >> at least fulton county remains a state prosecution. thanks for staying with me. when we come back, president biden's no-win situation, how his threats to withhold weapons from israel may be one of the tests, one of the biggest tests for that relationship in decades. that's when the 11th hour

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civilians have been killed in gaza as a consequence of those moms and others ways in which they go after population centers. i made it clear that if they go into rafah, if they go into rafah i'm not supplying the weapons that have been used historically to deal with the cities, to deal with that problem. >> today the white house added the united states would only be halting shipments of certain weapons to israel.

a spokesman clarified that weapons are still being sent, but in israel, politicians expressed outrage over biden's move and so did some republicans here at home. >> if any jewish person voted for joe biden, they should be ashamed of themselves. he has totally abandoned israel . >> i believe it's 100% a political calculation. i think we can all see that. same reason he's making the calculation not to call out anti-semitism on the college campuses. >> our allies will question our commitment. >> for more, let's bring in peter baker, chief white house correspondent for the new york times and retired four-star general, mccaffrey and a former battlefield commander in the persian gulf. thanks for being here on this topic.

general mccaffrey, could you please explain to our viewers exactly what kind of weapons has the white house announced that they are concerned about being used in rafah? >> there was an articulation that they were going to stop offensive weapons, basically they said 500 pound bombs and 2000 pound bombs, much of this distinction doesn't make much sense. i've been almost killed many times by what might be offensive weapons by an adversary, at the end of the day, 60% of gaza territory has been destroyed, there have been significant massive palestinian casualties, hamas, by their attack on israel brought on the counter reaction by the idf. hamas has chosen to fight in a 2.4 million person urban

terrain and underground, they have co-located many of their facilities with hospitals, schools, human protected zones, so the idf which has gone in there with a couple of thousand killed and wounded, i thought they might have lost as many as 10,000 or more except, they have used what they tried to achieve as pinpoint accuracy, primarily with 155 artillery,, so the israelis are in a no-win situation, they have lost the information war and now they are facing public pressure from their major ally, which adversely takes away the leverage they have to get back 100 some odd alive or dead hostages, a terrible situation for the israelis and the palestinian civilians. >> is a hyperbolic to consider

that this is a quote, turning point or a breaking point in the u.s. israel relationship, let's be clear, how much aid was just approved, let's see, last year, the u.s. provided $158.7 billion as of last year to israel since its founding and we just provided 3.8 billion dollars a year, it's not like aid is not being provided to israel at this time. >> that's exactly right, not only has the united states been the largest supplier to israel in history, the president and his administration have said they will spend every single dime, that's another $15 billion on top of everything else but they have made a very strategic decision, they have not yet stopped other types of weapons yet, they might, and

that's the implication that biden has made, he said if you go into rafah, there will be more consequences, more shipments that i will stop. but you are right, it's a turning point, a breaking point, that's not clear. we will see whether the prime minister and the work cabinet go into rafah in a way that forces biden's hand to be even more decisive. it's not the first time that a president has cut off weapons, reagan did it in the 80s. bush cut off housing loan guarantee when he was mad at israel over settlements in the west bank but we haven't seen this kind of thing in a while. therefore it is a pivotal moment in the relationship. >> general, more than 44,000 people have been killed since october seventh, and in the

concern that's been articulated is the use of these particular types of weapons especially in a place like rafah, that's the redline for the united states, biden has said that civilians have been killed as a consequence of these bombs and other ways in which they go after population centers but israel responds by saying in order to finish destroying hamas, a known terrorist group, they need to go into rafah, is this the collision between political messaging but also, life, this is an existential issue over in gaza. >> i think we have to be careful about facing the face value, that's a hamas figure about the civilians, i doubt it's that number at all. what we can accept as much of gaza has been destroyed or damaged and there have been significant palestinian losses but at the end of the day, hamas chose the battlefield. their strategy is to fight amongst their civilian

populations underground. the idf, going in to try and respond to the october 7th attacks had no option but to fight in populated areas. it's a tragedy, the egyptians have not helped by allowing an escape valve, there's been really no solution for the day the shooting stops, either, who's going to govern gaza, from the israeli perspective, there's strategic demand that hamas not be in control. i don't see how they achieve that goal, either. on a tactical level, they've got to get back these hostages they've got to put pressure on rafah and the senior leadership to do that. again, i don't think there will be an excellent outcome from this from the israelis or the palestinian population but i think we are less than a month

from seeing a grinding halt to the war. >> grinding halt either through some negotiated cease-fire, grinding fault maybe because they get too much pressure to have to continue but i want to say this before we go to general mccaffrey, i think it's undisputed that there have been thousands of innocent lives that have been lost and i think that's the challenge that you speak of in terms of how to navigate what is going on over there considering that battleground that it is. but thank you so much for being here. i appreciate it. >> when we come back, nikki haley may have dropped out of the race months ago but her voters are still in play. who is making more headway, trump or biden? we will get into it, when the 11th hour continues. hour conti. even meatballs! now, plants can be meat! come on people, let's punch cholesterol in the face!

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do not stop taking biktarvy without talking to your healthcare provider. common side effects were diarrhea, nausea, and headache. no matter where life takes you, biktarvy can go with you. talk to your healthcare provider today. donald trump likes to appear confident, here are his recent comments about winning over voters who supported nikki haley in the primary. >> all of those people are going to come to me because first of all, what is their choice, biden, he's the worst president in the history of our country, there's never been a president so bad, he's incompetent. so, they are all coming to me, we see it already. they are all coming to me. >> back check, though, haley, might be coming back to haunt

trump. nbc news confirmed a report that she's been meeting with donors and has no current plans to endorse donald trump and we've seen what has happened in key primary states when haley was on the ballot, even after she dropped out. just this week she will more than 20%, 20% of the vote in indiana, so it's clear that trump will need these haley voters to win in november, so joining me now is basil michael's and the former republican comes midweight are you still a republican? carlos rivera. carlos i will start with you, trump needs his voters. he's the presumptive gop nominee, so what happens with someone like mickey haley, does she stand silent once he becomes the actual gop nominee? >> making haley has no plans,

the reporting is there but i also have confirmation from people who are involved in her finance team, she has no plans to get behind trump at least not anytime soon and katie, you mentioned the voters, 20%, -- >> that's wild. >> the primaries over, haley is no longer a candidate and people are going to the trouble of showing up to vote against donald trump, that is a problem for him. >> but quickly mothers a difference between saying i'm not going to endorse donald trump and i'm not going to vote for donald trump, right? i mean, what are you hearing about that? >> sure there's nuance but if she doesn't endorse him, that's what counts, whoever she decides to vote for, we may or may not even find out but if she was a candidate for president, is it supporting the nominee and still getting 20% of the vote, that is meaningful, that makes a difference and that could cost him the election. the election

because these are voters that were intentional about making at point to say that they did not want to support donald trump. and i do think that this is where the biden money advantage becomes important. it is not that these voters will go out and vote for joe biden. he has to go voget the voters a convince them to come out. and that will take time. and it definitely takes a fair amount of money to start of hold their hand through this election cycle the next six months. but if i'm nikki haley, i'm looking at if the voters come out in november. if they still come out and vote, that is actually not a bad platform to start a 2028 campaign for president. especially if she is talks to donors now.

don't know if it will happen. but candidates want to leave their options open and i think that may be a sign that she is leaving that door open. >> you and i are both floridians. talk about about baron trump who has been flying below the radar intentionally. but now will now be an rnc delegate from the state of florida. he is joining tiffany, eric, donald trump. and also kimberly giffoyle. is kthis a bad move though? to put barron trump in this role? especially because he has been flying below the radar? >> it is a mistake. once someone is an adult and they take this step, they become fair game. he is 18. still very young. i wouldn't be putting out someone so young out there who could now be subject to attacks and i think the whole thing will be unfortunate. >> i think so, too. and let's talk about what just

happened this week. mgt trying to boot mike johnsont south of the house speaker seat. but the real speaker of the house is hakeem jeffries. think about what happens for the democrats to come in and save his hide. >> i always talk about split readings because they matter in situations like this. remember when we went through 20, 50, 100 votes to get the mccarthy successor. it was an interesting moment he because you got to see dysfunction on the republican side. on the democratic side. everyone was united in their vote and their messages about hakeem jeffries and what the democrats can do for the country. i think democrats are hitting those notes right now. they will say republicans need

us to get policy done. that split screen is important. hakeem jeffries has to get some of the congressional seats back will say democrats know how to govern. very, very important talking point going forward. >> democrats getting the job done. thank etyou for being here at 1 something at night. >> we're in miami. >> you know it. when we come back, a breakthrough in science under the sea. what researchers have learned about how some of the biggest animals in the ocean communicate when the 11th hour continues. 11th hour continues.

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move with xfinity. the last thing before we go tonight. whales have entered the chat. we have all been intrigued by whales because of their size and intelligence and how they communicate. now scientists are learning their alphabet. we'll be able to speak to

whales one day? anne thompson has more. to you and me the underwater noises they make sound like tapping. but these vocalizations scientists say are actually language. and more sophisticated than imagined in finding nemo. >> dory: dory, this is not whale. >> reporter: these series of clicks are called codas. the scientists say are the building blocks of communication between these mammoth sea creatures. far from arbitrary, a new study found whales found four basic elements including rhythm and tempo to create a phonetic alphabet. >> how does it work? >> it looks at the speed at which they are saying things.

at the different texture emphasis on how i said something. >> reporter: researchers listened to some 8700 of these snippets off the caribbean island of dominica. trying to figure out what they are saying is the next step. >> is it possible we could one day talk to whales? >> i think it will be possible to be able to be sending information back and forth. anne thompson, nbc news. >> the beautiful giants to take us off the air. on that note, i wish you a good night. remember, you can catch the katie phang show saturday on nbc. from all of us here across the networks of nbc news, thanks for staying up late. see you at the end of tomorrow.