Transcripts For MSNBCW The 20240704

Discovery, the documentation that the governments cause to provide to the defendant. This happens in every case. Theyve got to provide evidence. But the Special Counsel is asking for protective order. Because a few hours ago donald trump posted something on truth social. He has been posting a lot in the last few days. But this one stood out. It was all caps. It said, if you go after me, i am coming after you. If you go after me, i am coming after you. So, what the government has said is that, at this point, this becomes dangerous for them. They have got to give over evidence, and its for 16 pm 4 16 pm if donald trump uses his comments to the press what is go after you mean . Who is he coming after . Witnesses . People who are named . The government has says said, if the government were to im quoting now from the document that we are looking to just get we will have it in a few minutes. But this is what kyle cheney has posted. If the defendant were to begin issuing public posts using details or, for example, a grand jury transcripts obtained in discovery here, it could have a harmful Chilling Effect on witnesses, or adversely affect the Fair Administration of justice in this case. They have written a lot about precedent in these instances. So, basically what is happening is, the Trump Defense team has asked for all the information that they need to move forward with their defense. That is expected. The government has said, we need a little time to do. This because if we start handing this stuff over willynilly, your guy might start using it irresponsibly. Lets go right to harry litman, former United States attorney and former Deputy Attorney assistant general. Hes a Senior Legal Affairs columnist for the los angeles times. Also with us is paul butler, Professor Of Law at Georgetown University and an msnbc legal analyst. Gentlemen, i said i had plans to talk to you about some other things, which we will probably get to. But paul, lets just start with his. As people were listening to the arraignment yesterday, there was a discussion of a protective order. The government had always suggested this was going to be in place. What has changed now . What has happened that has caused them to make a reference to this Truth Social Posting of Donald Trumps . What has changed is that social media post, which was entirely consistent with the way that we have seen this criminal defendant act throughout all of these investigations. You know, when the judge the Magistrate Judge yesterday told trump to stay away from witnesses, that is really unusual in an arraignment, its almost certainly something that that Magistrate Judge would have feared with judge chutkan again. And these cases we know that there is going to be a racketeering case in fulton county. And in mafia cases, in gang banger cases, those kinds of orders, protective orders, are prominent. They are much more unusual in public corruption cases. But donald trump has demonstrated time and time again that that is the kind of process that he deserves. Harry, your take on this . Because not much that donald trump post catches my attention these days. I think we are all numb to it. But this was in bold print. If you come after me, i will come after you. And all week he has been saying things like, they are not really coming for me. They are coming for you. And im the only ones standing in between. It gets dark and dark with each post. What do the prosecutors think when they see this stuff . I assume they also are numb to it, and most of the stuff that dont from tends to post easing by most people is nonsense. Why is this not nonsense . Well, theres two things. Well, first of all, the prosecutors are moving for a protective order by the discovery they will give trump. They were going to do that correct. But theres two things here, first. Remember, this is the court that has heard the Thousand Plus defendants yes. Who actively stormed the capitol. Anybody, i mean anybody, who posted Something Like this would have a protective order slapped on them right away. So, they have got a playbook for people who are violent, et cetera. And they are going to impose it on trump. That is 0. 1. Point number two is, it is a first step. There might be three, there might be six, there might be eight, but it will make the court the court will clearly admonish trump here and it will just be, all right, if you do this again, mr. Trump, if you do this again and eventually the ones they may have is, you have got we are going to put you in jail for a couple of days. And that is something that obviously would be a total crazy situation for the country and for him. But what this means is, however many steps, they will give him a little rope, but he has just burned some of his rope, and now has that much left paul, the judge magistrate yesterday, as you said, most of the stuff she did was standard and by the. Book but these references that she made to not interfering and not intimidating, not doing those sorts of things who are we worried about here . Is this Jury Tampering . Is this Witness Intimidation . When donald trump says don trump says, if you come after me, i will come after you. Who is the u you. Its everybody. Discovery is the evidence that the government has collected, and criminal defendants have a right to that before the trial starts. So, it names witnesses. It name sources. From it, you can garner the governments investigative techniques. And all of those people need to be concerned, given i mean, this is it sounds like he is threatening violence or some kind of severe repercussion. If this werent donald trump, he would be in serious jeopardy of getting locked up in the trial. Because he sounds dangerous. In other words, if a mob boss said. This right . That we would all sort of know that, oh, wait a second, this is an intimidation. Yeah. Thats right. And again, trump has earned this kind of condemnation in his speeches and in social media outbursts. He consistently has targeted judges, prosecutors, and witnesses. And because he has not faced any real sanctions before i guess he has Felt Empowered to i will bet that judge Tanya Sue Chutkan shuts that down. Harry, i want to ask you about something. Because the post is vintage donald trump. Right . The all caps. The stuff he has been saying all week. But the Donald Trump In Court Yesterday was very different. I want to read from the new yorker, an article that came out. Its as, trump has always projected confidence and imperviousness. His oval office tenure was marked by a conviction that he could been the instruments of government to his will. But on thursday, he sat fragile and sneak in the defendant see. Trump is still the republican front runner for president but at the arraignment he did not seem invincible, protected by money, shame or rather, he appeared delicate, caught in the years of the law at the mercy of the government functions that he had once manipulated. Did you see that . Did you notice that yesterday in the reporting about donald trump, harry, that he stood up . He said you know, he said your honor to the judge. There was no trump nonsense in court. Thats right. And besides that, i noticed its in dozens of cases. Big shot bosses come in, and when you are in the defendants seat, it is minimized. And, of course, it is a loss of control. He had to wait around for a. While he got called mr. Trump. And i actually think these two events are probably related, ali. He is sort of freaking out at the diminution and humiliation of being just another defendant in the jaws of the, law and he strikes out. And i think this is a lesson in sort of going forward. Everyone assumes that all these actions only will serve to empower him, and make him politically stronger. But every time he walks in that courtroom, he is sort of lessened. He is made to seem smaller and not in control. And that is the worst thing possible for donald trump. I guess its also an argument for Donald Trumps team to make sure that there are cameras in federal court. But there arent cameras in federal. Court because it makes him look very different. Paul, there was somebody who has been at the other end of Donald Trumps ire for a long time. The speaker emerita of the house, nancy pelosi. She was on earlier. Today here is what she said about what she observed of him yesterday. I wasnt in the courtroom, of course. But when i saw his coming out of his car and this or that, i saw a scared puppy. He looked very, very, very concerned about the fate. I didnt see any bravado or confidence or anything like that. He knows. He knows truth, that he lost the election, and now he has got to face the music. Now, paul, he didnt face the judge who is going to be supervising the trial. Tanya sue chutkan yesterday, he faced a judge magistrate who is pretty firm with him. But lets just read a little bit about chutkan. Chutkan has delivered some of the harshest sentences to january 6th defendants and made her discussed and horror over the attack, clear lamenting the prospect of renewed Political Violence in 2024, and noting that no one accused of orchestrating the effort to subvert the election had been held accountable. You made a very good point, she told the January 6th Rioter Robert Palmer at his december 21 sentencing, that the people who exhorted you and encouraged you and rallied you to go and take action and to fight have not been charged. The issue of who has or has not been charged is not before me. I dont have any influence on that, she said. I have my opinions. But they are not relevant. Paul, you know this judge. Tell me. So, again, on august 28th, thats the first hearing, she is going to be up and running shes given the magistrate three different dates for the attorneys to select their first appearance. And they chose august 28th, which was the last date offered. Now, they have to submit their proposed trial dates next week. And so, judge chutkan is likely to announce the date of the trial at the hearing in late august. Remember, the maralago case, the parties were not even asked about trial dates until their first appearance before judge aileen cannon. And she has announced that she has announced a trial date a few days after that. So, even before trump has set foot in her courtroom, judge chutkan is demonstrating her vast experience in managing a criminal courtroom. But ali, i dont think you could say that it is lucky for either jack smith or for donald trump, that judge chutkan was the randomly selected judge. It is fair to say, though, that it is lucky for the american people. Good point. Can i say thing, ali . Yeah. She will look him in the eye and say, not in my courtroom, mr. Trump. She will humiliate him, like a disobedient schoolchild. Its going to be a bad for day for him, august harry, as you have seen based on his behavior yesterday, do you think he is going to be a different guy in court . Because he cant manage being ten minutes out of court because he cant get in front of a camera, or post something to his truth social that is inflammatory. But he managed to keep it together for the time that he was in Court Yesterday. Is that the donald trump we are going to see . Yeah, its going to have to be. He is going to have to just take it. And he will take it. Yeah. So, once he leaves court and as i said before, he is One Step Closer, maybe many steps, but One Step Closer to a treatment that he would be a nightmare for him. Guys, good to see you as always. Thanks very much and thanks for rolling with me on this Breaking News that weve got tonight. Paul butler and harry litman coming up, the latest federal indictment of donald trump this week was yet another reminder that the lies told about our 2020 election had real and devastating consequences for those people brave enough to do the right thing and tell the truth. There is more on that coming up next. A lot of threats, wishing death upon me, telling me that i will be in jail with my mother, and saying things like, be glad it is 2020 and not 1920. 2020 and not 1920 im kareem abdul jabbar. I was diagnosed with afib. The first inkling that something was wrong was i started to notice that i couldnt do things without losing my breath. I couldnt make it through the airport, and every like 20 or 30 yards i had to sit down and get my breath. Every Physical Exertion seemed to exhaust me. And finally, i went to the hospital where i was diagnosed with afib. When i first noticed symptoms, which kept coming and going, i should have gone to the doctor and told them what was happening. Instead, i tried to let it pass. If you experience irregular heartbeat, heart racing, chest pain, shortness of breath, fatigue, or lightheadedness, you should talk to your doctor. Afib increases the risk of stroke about 5 times i want my experience to help others understand the symptoms of atrial fibrillation. When it comes to your health, this is no time to wait. Frustrated by skin tags . Dr. Scholls has the breakthrough youve been waiting for. The first fdacleared athome skin tag remover clinically proven to remove skin tags safely in as little as one treatment. When moderate to Severe Ulcerative Colitis takes you off course. Put it in check with rinvoq, a oncedaily pill. When i wanted to see results fast, rinvoq delivered rapid Symptom Relief and helped Leave Bathroom urgency behind. Check. When uc tried to slow me down. I got lasting, steroidfree remission with rinvoq. Check. And when uc caused Damage Rinvoq came through by visibly repairing my colon lining. Check. Rapid Symptom Relief. Lasting steroidfree remission. And the chance to visibly repair the colon lining. Check, check, and check. Rinvoq can lower your ability to fight infections, including tb. Serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. People 50 and older with at least 1 Heart Disease risk factor have higher risks. Dont take if allergic to rinvoq as serious reactions can occur. Tell your doctor if you are or may become pregnant. Put uc in check and keep it there with rinvoq. Ask your gastroenterologist about rinvoq and learn how abbvie can help you save. My most important kitchen tool . My brain. So i choose neuriva plus. Unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. To help keep me sharp. Neuriva think bigger. We moved out of the city so our little sophie could appreciate nature. But then he got us tmobile home internet. I was just trying to improve our signal, so some of the trees had to go. I mightve taken it a step too far. Chainsaw Revs tree crashes chainsaw continues daughter screams lets pretend for a second that you didnt let down your entire family. What would that reality look like . Well i guess i wouldve gotten us xfinity. And wed have a better view. Do you need mulch . What, we have a ton of mulch. Bridgett is here. She has no clue that im here. She has no clue whos in the helmet. Are you ready . Im ready alright. Xfinity rewards creates experiences big and small, the state of arizona is and onceinalifetime. Referenced in Donald Trumps latest indictment 42 times, with one Arizona Republican providing evidence against donald trump and his coconspirators. But, of course, there are also plenty of republicans in that state loyal to donald trump. Its basically a tale of two Arizona Republicans. There is kari lake, the failed governor terrell candidate who continues to spread Donald Trumps election lie and shows absolutely no sign of stopping. We dont have to impeach him because he really isnt, in my opinion, and many others when you look at the evidence, the true president. Why dont we do certified 2020 . That was kari lakes response to Donald Trumps arraignment yesterday. Then there was the former speaker of the Arizona House of representative, the republican rusty bowers who refused to Donald Trumps calls to overturn the 2020 election. I swore to the constitution to uphold it and i also swore to the constitution and the laws of the state of arizona, and this is totally form as an idea or theory, to me Donald Trumps latest federal indictment details the alleged pressure that was put on rusty bowers by donald trump. Quote, on november 22nd, eight days before arizonas governor certified the ascertainment of the states illegitimate electors based on the popular vote, the defendant and coconspirator one, whom we know to be giuliani, called the speaker of the house on a House Of Representatives and made knowingly false claims of Election Fraud aimed at interfering with the ascertainment of and voting by arizonas electorates. According to the indictment, and to rusty bowers testimony before the january six committee, he asked Rudy Giuliani for evidence of Election Fraud. But never got it. My recollection is that he said, we have got lots of theories, we just dont have the evidence. And i dont know if that was a gaffe or maybe he didnt think through what he said, but both myself and others in my group, the three in my group and my counsel, both remember that specifically and afterwards we kind of laughed about it. Rusty bowers was censured by the Arizona Republican party after that testimony and he lost his state senate primaries. It is also subject of harassment and intimidation by trump supporters, and hes not the only one. Election deniers may have lost their races in 2022, but in the runup of the midterm elections, reuters reports that just in one county in arizona, quote, between july 11th and august 22nd, the Maricopa County Election Office documented at least 140 threats and other hostile communications, the records show. Quote, you will all be executed, said one. Quote, wire around their limbs and tied and dragged by a car, and a quote, wrote another. Joining us now is the arizona cyclist eight andrine fontas. Adrian, good to see you again, good to be with us. Theres a pc news got the top is showing that in response to a Truth Social Post by donald trump, the federal government is asking for a very specific protective order around of the documentation required for this trial and they were responding to a post that was put out there this afternoon in which donald trump said, in all caps, if you go after me i am coming after you. We have no idea who he is talking about or who he is threatening, but this kind of thing is real to people like you and people in arizona where you have actually seen the threats that you face just for telling the truth, just for counting the votes youre supposed to count. Yeah, ali, first thank you for having me. Second, it has directly impacted myself, my families, colleagues, former colleagues, people that i dont know but its not just here in arizona its all over the United States of america. The put out a study indicating that we have lost the experienced lachines officials across the United States because of things like this. We have one elected official whose dog was poisoned because of the lie, because of the threats, because of the way that this is really manifested, the way it has metastasized into a part of our society that is willing to act illegally. That is willing to make these threats just because one person lost an election and cannot come to terms with the truth. Your actual election in arizona is entirely tied to this scheme to overcome the actual Election Results in arizona. What was interesting about it is that you were supported by republicans in your states, as well as democrats, because they believe that Adrienne Fontes ran the election in Maricopa County the way it is supposed to be run. It gives me faith because the indictment makes me think that america is going to hell and a hand basket, but actually your victory in the victory of others in the last elections in arizona, suggest that republicans and democrats across this country dont want to buy into this nonsense. Well, ali, heres the thing. The nonsense really is that it is nonsense. And thinking that republicans and other non partisans, people who are not into politics that much, they understand that rational government, reasonable government not run by conspiracies analyzed by folks who really care about getting the job done, is good for business. It is good for science and technology, it is good for the arts, its good for medicine, its good for law. Not being insane about just being completely loyal to one person and one persons ally is really, really bad politics. It was bad for our gubernatorial candidate, for the Attorney General candidate, Secretary Of State candidate, we swept those offices running on truth, running on rational thought, Running On Non Chaos and on conspiracy. So for my political Point Of View the folks out there who just want to live their lives and have government to do its thing, they dont want extremists in government. There is still a loud portion of our population that loves that stuff, but the vast majority dont. And i think theyre right. You and i talked on october 29th in phoenix. You and i talked the morning after you were determined to have one ear election. But the nonsense continues to go on in your election until two days ago. Your opponent, i think, did not give up on his election appeal. Mark fortune, until literally two days ago, right . He finally gave up the tail end of the appeal, we are almost done putting a bow on that one. There are still cases out there, just a fewer and farther between. This is the nonsense that is abused, even the judicial system and all the lawyers of those cases have been sanctioned by the Supreme Court and other courts for bringing frivolous lawsuits. This entire thing, when youve got thinking people analyzing, it is proving to be ally. But let me make this really important point, and i think it bears repeating. The people who have been hurt, not just the ones at the capitol who unfortunately, some of them died, but folks out there who have lost careers because of the stress, because of the threats, we had an hr person in Maricopa County get clogged and harassed and doxxed. I had to have my own family leave the house for a few days because of threats. The story of the former Secretary Of States, it is all over the place and its a real problem. So todays revelation is a continuation of this by the former president and what it really speaks to is this notion, that is that leadership matters. Americans follow leaders in many ways. Unfortunately, some of them follow the wrong leaders down the wrong path and look where it has gotten him. Over 70 Felony Charges and three indictments, and it looks like there is more to come. This is not a victimless crime, the victims are the people that you just described, the victims are american democracy, the victim is the American Voter who this indictment says, very specifically, as a right to vote and right to lorelei on the fact that their vote will be counted. The victim here is a very, very serious. Its good to see you again, arizona Secretary Of State Adrienne Fontes, we always appreciate your time. Coming up, to indict or not to indict. For prosecutors across the country that is the question day in and day out. We are going to talk about that next with a familiar face, rocha, former msnbc legal analyst is now the District Attorney for Westchester County, new york. She is up next. She is up next t care. I go to spin classes with my coworkers. Good for you, shingles doesnt care. Because no matter how healthy you feel, your risk of shingles sharply increases after age 50. But shingrix protects. Proven over 90 effective, shingrix is a vaccine used to prevent shingles in adults 50 years and older. Shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. An increased risk of guillainbarre syndrome was observed after getting shingrix. Fainting can also happen. The most common side effects are pain, redness, and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. Shingles doesnt care but, shingrix protects. Shingrix is now zero dollars for almost everyone. Ask your doctor about shingrix today. Type 2 diabetes . Discover the ozempic® trizone. In my ozempic® trizone, i lowered my a1c, cv risk, and lost some weight. In studies, the majority of people reached an a1c under 7 and maintained it. Ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known Heart Disease. And you may lose weight. Adults lost up to 14 pounds. Ozempic® isnt for people with type 1 diabetes. Dont share needles or pens, or reuse needles. Dont take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple Endocrine Neoplasia Syndrome type 2, or if allergic to it. Stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. Serious side effects may include pancreatitis. Gallbladder problems may occur. Tell your provider about Vision Problems or changes. Taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. Side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. Join the millions already taking ozempic®. Ask your Health Care Provider about the ozempic® trizone. Struggling with the highs and lows of bipolar 1 . Ask about vraylar. Because you are greater than your bipolar 1, and you can help take control of your symptoms with vraylar. Some medicines only treat the lows or highs. Vraylar treats depressive, acute manic, and mixed episodes of bipolar 1 in adults. Proven, fullspectrum relief for all bipolar 1 symptoms. And in vraylar clinical studies, most saw no substantial impact on weight. Elderly dementia patients have increased risk of death or stroke. Call your doctor about unusual changes in behavior or suicidal thoughts. Antidepressants can increase these in children and young adults. Report fever, stiff muscles or confusion which may mean a lifethreatening reaction, or uncontrollable Muscle Movements which may be permanent. High blood sugar, which can lead to coma or death, weight gain and high cholesterol may occur. Movement dysfunction and restlessness are common side effects. Sleepiness and stomach issues are also common. We have Breaking News that came side effects may not appear for several weeks. Ask about vraylar and learn how abbvie could help you save. Out just at the top of the hour and it is this document in which the Special Counsels office has made a request to the judge in the indictment of donald trump, in the case against donald trump, for a protective order for the documents, the discovery of the documents that were required that they hand over to the fence. Here is the gist of the argument, it is several pages long but the government right to the judge, on august 2nd, the government spent a proposed protective order to council for the defendant. Defense counsel substantively responded on august 4th, today, with a different proposed protective order that did not, and the governments as to mission, protect numerous categories of sensitive materials including grand jury materials and search warrant affidavits. It continues later to say, in recent days regarding this case, the defendant has issued multiple posts either specifically or by implication including the following, which defendant post just hours ago. And it is this Truth Social Post that don trump posted in all caps, and what she says, if you go after me i am coming after you. The government continues, its a defendant word to began issuing public posts using details or, for example, gradually transcripts obtained in discovery here, it could have a harmful, Chilling Effect on witnesses or adversely affect the Fair Administration of justice in this case. Im going to pick that up in a second. But, if you believe donald trump, americas prosecutors are doing what he does, thinking always and only about him. Prosecutor alvin bragg of new york, who campaigned on the fact that he would get president trump. District attorney in atlanta, who is doing everything in our power to indict me. Special prosecutor named jack smith. Hes only looking at trump. Okay, lets evaluate that for a second. The day donald trump was indicted, the Attorney General Merrick Garland was at a Community Block party in philadelphia for the National Night out against crime. Yesterday, the Trade Day Trump was arraigned, the Justice Department announced six guilty pleas in a horrific case of our greatest pleas abuse in mississippi. The Department Of Justice has 115,000 employees, three of them were representing the government in the case against donald trump. The men had it District Attorney alvin bragg has been busy working on multiple cases, including the indictment of a new york pettycash driver for a petty robbery and indictments and murder investigations. The trump case is just one of many those officers working, on and its one of many similar cases that he is prosecuting. In georgia, where fani willis is expected to announce Charging Decisions in her investigation into efforts to overturn the election in that state, she told reporters yesterday as she was at an event at an Atlanta Technical College that her office has 380 employees and is managing multiple highprofile cases at the same time. These prosecutors are not posters on twitter, or whatever it is called now. They are not interested in a media battle with donald trump. The professionals who want to win cases in court and do that they have to convince a jury beyond a reasonable doubt. The Special Counsel, jack smith, as Broadband Item it against donald trump for his actions leading up to and including january six, which means that jack smith and his team believes that they can successfully convince a jury, beyond reasonable doubt, of the facts and that indictment. This is too big and risky case to wing it. From a practitioners you have making a charging decision, joining us now is District Attorney for Westchester County new york, she previously as served as in the Southern District of new york and is a familiar face to all of us. That means, nice to see you again. I just want to go back to this, saying this request for a protective order that the government has asked for. There is always a protective order in things like this, to say that when you get to discovery you dont get to go and post it and talk about it and do things like that. What does the connection between what the government wants and john trump posting, which he says that if you go after me im coming after you . I, alleyway to see you. Clearly the Special Counsel is concerned about the charged defendants interference attempts to tamper with potential witnesses. We heard the judge explicitly warned mr. Trump about this in a way that was quite Above And Beyond the standard warnings about not committing crimes, it is a warning that i have heard most often in Organized Crime cases and cases where there is specific evidence of attempts at tampering already. And i think that they are concerned, grand jury testimony in particular, it is the testimony, the record of what witnesses would be testifying at trial and theyre concerned clearly and understandably so that the defendant, mr. Trump, will use that testimony to get people, or himself, to go after these witnesses and intimidate them so that they dont testify at trial. That is clearly the concern and it is, again, understandable. What do you make of, his demeanor in Court Yesterday where he seemed to be listening to the judge, calling her your honor, she admonish him very specifically he should make any reference to him specifically, but she said that you are not to intimidate people. It seemed like she went one step further than what would typically happen in this case to sort of say to him, you are going to get in trouble if you try the stuff. Yeah, look, judges do that a lot. They dont do it often in white collar, fraud cases like we are seeing here but you would have to have your head in the sand to not know that this person, mr. Trump, uses his widespread social media influence to call out people and that is something that a judge has to take into account. While those may not be crimes in and of themselves, when he does that, as he has done it many times since 2016, it can be a violation of a court order. And judges take that very seriously. The more clearly you warn someone about that they should be on notice, that is the fair thing to do, and it is also more likely that the judge can fairly impose some kind of penalty if and when it happens again. What is your, this conversation that i was initially going to have with you about the idea that donald trump would like his supporters to believe that prosecutors get elected and think about donald trump from mourning tonight. You have been a prosecutor in a number of different places, i know your District Attorney, youve got a lot of stuff that you have to do. Your electors, the people who vote for, you actually need you to keep their community safe. Maybe some of them are concerned about donald trump, maybe some of them arent. Yeah, look, i can speak from personal experience. I publicly have stated this before, we did investigate some conduct connected to mr. Trump and the Trump Organization in Westchester County because, whether you are a local prosecutor or federal prosecutor, youre looking at the jurisdiction over which you have authority and saying is there a harm to my jurisdiction, to my community . Whether it is physical harm, economic harm, or deceit. You examine those facts and you decide, do these facts constitute a crime, and is it a crime or the of charging, and can i prove that crime . And are there other barriers like the statute of limitations, its etra. There are so many different factors that go into whether or not you should actually or can actually charge a crime i. Did not end up charging a crime and i think that doesnt important point for people to know, because i have been an out spoken personal critic of mr. Trump as president , but that doesnt mean that im going to go charging him with crimes that are not chargeable or worthy of charging or able to be proven in court, and i deeply believe that that is, i cant speak for every prosecutor, obviously, but i think that anyone who looks at jack smith, he is not a political creature. He is a prosecutor through and through. Again, prosecutors dont typically bring cases for their own satisfaction. They bring cases that, as youve pointed out, need to be one and in which a jury can be convinced that this will happen. There has to be a likelihood of success for a prosecutor to want to go to trial. Exactly. It would be foolish to bring a charge just for some personal or political reason because, at the end of the day, facts and evidence are what you need in court and if you cant have that you, as a prosecutor, not that we never lose cases that are worth bringing, we do absolutely, but theres a difference between losing a trial that was admirably charged and brought and juries decide what they decide, versus bringing a case that you clearly never could prove and shouldnt have brought in the first place. Its always good to talk to you, thank you my friend. Mimi rocah its a District Attorney in Westchester County. Weve got Breaking News free out of texas, a judge there has issued a ruling tonight blocking a portion of texas a statewide ban on abortion. The ruling occurred in Travis County texas, which includes the capital austin. The Dallas Morning News its reporting, quote, texas woman with complicated pregnancies, including those with fatal fetal diagnosis, are exempt from the states Abortion Bans after a Travis County court issued a temporary injunction friday evening. Travis county judge Jessica Mangrove issued the decision two weeks after for texas women testified about abortion as they were denied or forced to delay under the states ban on the procedure, and quote. Texas republicans enacted law banning all abortions in the states, after six weeks of pregnancy in september of 2021. Then, earlier this year, when the Supreme Court overturned federal Abortion Rights, a socalled trigger law went into effect making all abortions in texas a felony, except those with narrow exceptions to protect the life of a pregnant patient. Still ahead this hour, critics of a new Ballet Amendment in ohio say that it is another example of republicans trying to subvert the will of the majority. This is also about abortion, by the way. We are going to discuss that next with the Ohio Democratic congressman, emilia sykes, that is next. Tha is next. Ivity gum enamel relieves sensitivity, helps restore gum health, and rehardens enamel. Im a big advocate of recommending things that i know work. I brought in ensure max protein with 30 grams of protein. Those who tried me felt more energy in just two weeks uuuhhhh. Here, ill take that woohoo ensure max protein, 30 grams of protein, 1 gram of sugar. Enter the 10,000 powered by protein max challenge. Febreze your bathroom. Needs febreze small spaces. The alwayson, odorfighting Air Freshener you set and forget. No outlets used, no batteries needed, no effort required. So your bathroom stays continuously fresh for 45 days. Thats the power of febreze small spaces. [sneeze] astepro allergy, steroid free allergy relief that starts working in 30 minutes, while other Allergy Sprays take hours. With astepros unbeatably fast allergy relief you can astepro and go remember the things you loved. Before asthma got in the way . Fasenra is an addon treatment for asthma driven by eosinophils. Its designed to target and remove them and helps prevent asthma attacks. Fasenra is not for sudden Breathing Problems or other eosinophilic conditions. Allergic reactions may occur. Dont stop your Asthma Treatments without talking with your doctor. Tell your doctor if your asthma worsens. Headache and sore throat may occur. Tell your doctor if you have a parasitic infection. Get back to better breathing. Ask your doctor about fasenra. Power e trades easytouse tools, like dynamic charting and riskreward analysis help make trading feel effortless. And its customizable scans with social sentiment help you find and unlock opportunities in the market. E trade from Morgan Stanley. With powerful, easytouse tools, Power E Trade makes complex trading easier. React to fastmoving markets with dynamic charting and a Futures Ladder that lets you place, flatten, or reverse orders so you wont miss an opportunity. E trade from Morgan Stanley limu emu doug what do we always say, son . Liberty mutual customizes your car insurance. So you only pay for what you need. Thats my boy. Now you get out there, and you make us proud, huh . Bye, uncle limu. Stay off the freeways only pay for what you need. Liberty. Liberty. Liberty. Liberty. After advil. Feeling better . On top of the worlddddd before advil. Advil targets pain at the source of inflammation. When pain comes for you, come back fast with advil liquigels. I have active psoriatic arthritis. When pain comes for you, but with skyrizi to treat my skin and joints, im feeling this moment. Along with clearer skin skyrizi helps me move with less joint pain, stiffness, swelling, and fatigue. And is just 4 doses a year after 2 starter doses. Serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. Tell your doctor if you have an infection or symptoms, had a vaccine, or plan to. Theres nothing like clearer skin and better movementand that means everything ask your doctor about skyrizi today. Learn how abbvie could help you save. vo ninetytwo percent of students in highneeds schools cant afford essential School Supplies. Subaru and our retailers are there to help by giving millions of dollars in funding along with School Supplies students need. We call it the Subaru Love Promise and we are proud to be the largest corporate supporter of adoptaclassroom. Org. Its just one of the reasons forbes ranked subaru the number one automotive brand for social impact. Subaru. More than a car company. A historic indictment and arraignment this week is focused on the irregular ways in which the Republican Party in the form of republican President Donald Trump tried to overturn the will of the majority of americans who voted against him. That was new, we had never seen that before donald trump tried to do it in 2020. And while our Electoral College system does seem to encourage republican president ial victories without getting the majority of the votes, actually advocating for Minority Rule is new after the president ial level. But there are many regular ways that republicans have tried to force Minority Rule. Theres a big fight about that right now in ohio. In four days, ohio voters will decide whether to pass a republican backed Ballot Measure known as if you wanted that would make it harder to amend ohios constitution. If passed, it would raise the threshold to approve suture constitutional changes from a simple majority as it has been for more than a century, to 60 . Think about that for a second. If it takes a 60 threshold, that means the 40 get to decide. Ohio is one of five states where republicans are working to make it more difficult to put issues to voters via referendums or Ballot Initiatives and to pass them. Supporters and opponents of issue one in ohio have linked to the initiative directly to efforts to enshrine Abortion Access rights into the Ohio Constitution this fall. In fact, elected Ohio Republicans have said they are pushing issue one in part to keep reproductive rights also November Ballot. A recent polling shows exactly why. A july survey found that 50 8 of ohio voters support enshrining Abortion Rights in the state constitution, which is just shy of the proposed higher threshold of 60 . Republicans know there is a high likelihood that the November Ballot would pass with a majority unless they can actually move the goalposts. There has been a pc his campaign in ohio ahead of the referendum, millions of dollars spent on ads, including this ad encouraging people to vote no to raising that threshold to a 60 majority. Sorry, you cant use those. What are you talking about . Who are . You on your republican congressman. Now that we are in charge, we are banning birth control. This is our decision. Not yours. Get out of our bedroom. I won the last election, im not going anywhere. Im just going to watch and make sure you dont do anything illegal. Ohio voters are paying attention in historic numbers. According to the associated press, as of wednesday, more than 533,000 people had voted by mail or in person since early voting began on july 11th. Thats nearly double the final early voting figures for ohios two previous midterm primary elections, which included races for governor and congress. There is nothing else on the ballot except issue number one this week. Here with me now is the congresswoman emilia sykes of ohio, shes been canvassing and encouraging ohioans to vote no on issue number one. Good evening to you, thank you for being with us. Thank you for having me. This has happened in different ways in different states, starting with kansas last year. Where, despite what people think people think about abortion, americans dont take well to certain rights being taken away. Everyone in ohio knows what this actual referendum is about on tuesday. Well we hope they do, and that is why we have been spending so much time gathering our friends, our neighbors, our colleagues and letting them know that issue one is really about an initiative that is going to take away the constitutional rights, freedom storm ohios, and something that we have enjoyed for over 100 years and allows us to create a check and balance to extremist State Legislature in ohio. And so now people are starting to hear what is happening, they are getting engaged, they are invigorated and, quite frankly, they are angry at these extremists want to take away one of our constitutional freedoms that weve enjoyed for over 100 years. Where are you seeing success and where do you have challenges between now and tuesday in terms of demographics . Women, republicans, where are people falling on this . Well, we are just concerned that people are unaware that there is an election on tuesday, august 8th. Were encouraging them to vote no. The State Legislature eliminated august special elections because they knew that they had lower turnout, people did not really participate, and it was not reflective of the general public. But, because they wanted to sneak this past the voters interstate they reinstated august elections just for this very issue. So we know what is happening, they are trying to trick voters, but ohio voters are smarter than this this is why we have seen a record amount of people coming out, energized vote against this. We want our constitutional freedoms, we are going to fight for constitutional freedoms, and we will not go back to politicians telling us what we are going to do in our lives. Interestingly, though, in your state apart from what people believes in terms of abortion, you have former republican State Officials who are coming out against this as well who are saying vote no to this because they are more concerned about the antidemocratic nature of causing your referendums to have to have a 60 threshold that is 50 threshold. Absolutely, and when you have the former Republican Attorney general go to an ibew hall and rally people because she understands how important it is to protect our democracy, you know that we have an issue on our hands. So we have seen our former living governors, republican and democrat, we have seen our former living Attorney Generals, republican and democrat, come together. There are coalitions across a Broad Spectrum so were just concerned about the fact that extremists want to take away the rights of the people of this state to talk to the government, to say that we are not happy to provide that very necessary check and it is appalling, it is dispersed back full, it is offensive that they have gone to these Great Lengths to silence the people of ohio. That is why we are working so hard to turn this around and get as many people as we can out to vote on tuesday, august 8th. To be clear, the November Vote about enshrining Abortion Rights in the Ohio Constitution wilkes still go ahead regardless of tuesdays outcome . Absolutely, they were certified, but the one thing we know that is clear from our republican Secretary Of State is that he said that this august 8th election is 100 about abortion. He said the quiet part out loud and when a bunch of women have the nerve to organize themselves in our communities to protect our rights in the state, they did everything that they could to take it away from us and so that is why we are working so hard, we are encouraging everyone to Pay Attention to ohio, we do not want any other state in this country to find themselves in the same position that we are in and we are going to do what we can to prevail on tuesday to protect our rights, were going to vote no in august and yes in november two enshrines our rights to Abortion Access and reproductive care. Congresswoman, thank you for joining us this evening. Emilia sykes of ohio. Tonight my last word is next. T my last word is next unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. To help keep me sharp. Neuriva think bigger. I have Type 2 Diabetes, but i manage it well. Its a little pill with a big story to tell. I take oncedaily jardiance, at each days staaart. As time went on it was easy to seee im lowering my a1c. Jardiance works 24 7 in your body to flush out some sugar and for adults with Type 2 Diabetes and known Heart Disease, jardiance can lower the risk of cardiovascular death, too. Jardiance may cause serious side effects including ketoacidosis that may be fatal, dehydration, that can lead to sudden worsening of kidney function, and Genital Yeast or urinary tract infections. A rare, lifethreatening bacterial infection in the skin of the perineum could occur. Stop taking jardiance and call your doctor right away if you have symptoms of this infection, ketoacidosis, or an allergic reaction, and dont take it if youre on dialysis. Taking jardiance with a sulfonylurea or insulin may cause low blood sugar. Jardiance is really swell, the little pill with a big story to tell. When moderate to Severe Ulcerative Colitis takes you off course. Put it in check with rinvoq, a oncedaily pill. When i wanted to see results fast, rinvoq delivered rapid Symptom Relief and helped Leave Bathroom urgency behind. Check. When uc tried to slow me down. I got lasting, steroidfree remission with rinvoq. Check. And when uc caused Damage Rinvoq came through by visibly repairing my colon lining. Check. Rapid Symptom Relief. Lasting steroidfree remission. And the chance to visibly repair the colon lining. Check, check, and check. Rinvoq can lower your ability to fight infections, including tb. Serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. People 50 and older with at least 1 Heart Disease risk factor have higher risks. Dont take if allergic to rinvoq as serious reactions can occur. Tell your doctor if you are or may become pregnant. Put uc in check and keep it there with rinvoq. Ask your gastroenterologist about rinvoq and learn how abbvie can help you save. Every businesstroenterologist about rinvoq thats why Comcast Business De is launching theal. Mobile made free event. With our business internet, new and existing customers can get one year of unlimited mobile for free. Its our best internet. Powered by The Next Generation 10g network and with 99. 9 reliability. Plus one line of free mobile for an entire year. Its the mobile made free eventhappening now. Get started for just 49. 99 a month. Plus, ask how to get one free line of unlimited mobile. Thats tonights last word, but comcast business, powering possibilities. I hope you will join me on my show tomorrow at 10 am eastern for a new installment of velshi book club. Im joined by the author to discuss for several, us set during the iranian revolution. It tells marchands story as a child in young adult as she begins to understand the chaos around her and the realization that freedom has a price. Proof suppleness masterfully combines storytelling reallife history and powerful illustrations. Thats tomorrow at 10 am eastern, right here on msnbc. The 11th hour with Stephanie Ruhle starts right now. For tonight, defendant trump on the attack after yesterdays arraignment and the brandnew request from jack smith and the doj in response to a trump post. And republicans on the Campaign Trail are ever so slightly changing their tune on the former president. What it all means with the first votes just five months away. And music superstar lizzo, known for her body positivity messaging, now accused of creating a hostile work environment. What both sides are saying as the 11th hour gets underway on this friday night. Good evening once again, a