Transcripts For MSNBCW The 20240703

Hearing about. Indeed, what hes doing is yeoman work, an important work for our democracy. Thanks alex. Have a good show. Thank you. Well, if the general who commanded Donald Trumps army gets 22 years in federal prison for what he did on january sixth, what does the Commander In Chief of Donald Trumps army get if he is found guilty . That is the question that Donald Trumps own Defense Lawyers are thinking about tonight and Breaking News that the leader of the socalled proud boys was sentenced to 22 years for his leadership of what prosecutors called Donald Trumps army. On january 6th. When Enrique Tarrio completes his to two year sentence, he will be one year away from eligibility for Social Security, retirement benefits. Unless republicans have raised the Retirement Age in the meantime. The 39yearold, Enrique Tarrio, will not be earning any Social Security credits while in prison and he can be absolutely sure donald trump wont be around to help out. When Enrique Tarrio gets out of prison. Today, Cuban American Enrique Tarrio from florida got the longest sentence ever given to someone who committed crimes for the president of the United States. Two of the five men convicted in the 1972 watergate burglary to help president Richard Nixon were rightwing Cuban Americans like Enrique Tarrio. They were sentenced to 1 to 4 years and served 14 months and 15 months. Enrique tarrio has already served more prison time than that in his criminal past. He served 16 months in federal prison beginning in 2013, after that he became an informer, or help investigators prosecute his former associates. Tonight, if theres anyone out there still foolishly colin himself a proud boy who has not yet been accused of crimes, dont be surprised if Enrique Tarrio testifies against you someday. In the hope of reducing his 22 year sentence. Prosecutors ask for enhancements to tarrios sentence, including a Terrorism Enhancement they told the Judgment Tarrio should be sentenced to 33 years in prison. Judge Timothy Kelly recognized the technical applicability of the Terrorism Enhancement. Judge kelly decided not to at that to the sentence. Judge kelly served as an assistant u. S. Attorney in the District Of Columbia for ten years. Then worked as a litigator and a measure washington law firm. He decided to become a member of the Federalist Society 12 years after graduating from law school. And then he had the easiest possible ride to confirmation as a federal judge after serving on the staff of the Senate Judiciary committee as a counsel to republican chairman of the committee, chuck grassley. Chairman grassley got tim kelly known as a federal judge in the fourth month of the trump presidency. His confirmation sailed through the Judiciary Committee with a unanimous vote and got enough votes on the senate floor. Judge kelly had to know that if donald trump were to win the next president ial election, judge kelly would have absolutely no chance of being elevated by donald trump to the Supreme Court or the court of appeals, after issuing a 22 year sentence to the leader of Donald Trumps army. No future republican president is likely to reward judge kelly with a promotion. And sell, in a sense, judge kelly also sentenced himself today to a career its a Federal District judge who will probably never be promoted. In fact, most Federal District judges are never promoted. There are simply arent enough appeals openings to allow for that. And very few federal judges ever have to make a decision that they know will and even the theoretical possibility of being promoted. Judge kelly did that today. You can spend a lifetime in the federal courts and never see that happen. But this is the age of trump, full of things youve never seen before. Also today, there was a mystery followed by special Prosecutor Jack Smith and the case of United States all of America Versus donald trump. The motion could not say publicly what it is actually about. Quote, because the motion first to sensitive materials. Donald trumps criminal Defense Lawyers opposed jack smiths motion. Jack smiths motion says that the Trump Lawyers were trying to, quote, current litigation in this case to a halt, which is particularly in feasible given the pressing matter is before the court, including the defendants daily extrajudicial statements that threaten to prejudice the jury pull in this case, as described in the governments motion. So we do know that the motion we have not been allowed to see does contain sensitive materials, and a description of, quote, the defendants daily extrajudicial statement that threaten to prejudice a jury pole in this case. Judge Tanya Chutkan gave the defense lowers a tone of monday, september 11th, to file a secret motion in opposition and gave check smith a ton of September 13th to file his response, secretly to the defendants secret motion. Tomorrow, we might learn a lot, publicly. A lot about how the georgia prosecution of donald trump and his 18 codefendants might eventually be organized. The georgia judge assigned to the case, scott mcafee, will hold a hearing at one pm tomorrow on the motions by to Co Defendants to sever their cases from the rest of the defense. The two Co Defendants seeking to sever their cases are attorney Kenneth Chesebro and attorney sydney powell. To both sides and the case, judge mike if he wrote he intends to ask the District Attorney fani willis to provide, quote, a good faith estimate of the time reasonably anticipated to present the states case during a joint trial of all 19 codefendants, and alternatively any divisions thereof, including the number of witnesses likely to be called and the number and size of exhibits likely to be introduced. Leading off our discussion tonight is andrew weissman, former fbi general counsel hes a professor of practice at and what you law school, and the host of the prosecuting donald trump podcast. Also with us neal katyal, a former Acting Solicitor General and professor at georgetown law. He is the host of the podcast, courtside with neal katyal. They are both msnbc legal analysts. We will discuss burning man, neal, in the next segment. We wont have andrew suffer that, because i know how jealousy is about not havent been able to be there himself. Andrews already said hes coming next year. We are going to hold burning man gets its own segment, the neopagan ritual, well hear your defense in the next segment. But andrew, lets begin with what we saw in that sentencing today. 22 years for the person who was doing the work for donald trump, who was committing crimes for donald trump. Weve only seen people sentenced to prison for committing crimes for republican president s. Only two of. Tim and here we have to because whenever. If youre Donald Trumps defense counsel, you have to think about what kinds of pressures will be on judges and these cases against donald trump, if he is found guilty. Absolutely. This is an incredibly long sentence. But notably, to your point, lawrence. This is somebody who is a leader of a group and he is not personally present ungenerous sixth. Now a manchin, having a conversation with a client, donald trump. Thats somebody who is the leader, for whom all of this was taking place. Who was also not personally present at the capitol, although he wanted to be at the capitol. And i think that the pressure that the judges will feel, who have seen so many people go to jail, rightly for the participation on january 6th, the idea that donald trump wouldnt do at least as much time as the leaders of the oath keepers and the proud boys, to me, seems unimaginable. Because thats what the law would require. I think this is a real sign of whats to come if donald trump is convicted. Honestly, that is something, he is presumed innocent at this point. The government has to prove a case beyond reasonable doubt to meghan a mystery. But the judge has scheduled this for march, signs are this will go, and in terms of those people who think that it is unlikely judge chutkan would send to donald trump to jail, i think this is a real sign that that is not the case. I find it very unlikely that judge chutkan will not view this as required by the rule of law, that somebody and Donald Trumps position, regardless of political party, regardless of politics, would need to be sentenced to at least as much time. Neal, we have donald trump facing a three similar prosecution to what tarrio faced, in the same court has, with a different judge. We just so a judge give 22 years. Judge chutkan may, if theres a guilty verdict in this case, she will have that responsibility. Whether it is present or some very, very strict version of Home Confinement, because of the publication of the former president , Secret Service protection, what it does. It just seems like, as andrea said, the pressure this puts on how the recent judges, and this was a trump judge. And it was a trudge appointed judge, who issued the sentence today, no one had issued peace and among other things would kind of pressure, it would put on the possible sentencing of defendant trump. Yeah, i think this is the longest sentence yet in the january 6th investigation, lawrence. It is more than any prior sentence. And the effect it was handed out by the judge, if its respected but very conservative judge, i think it tells you a lot. We shouldnt be surprised, lawrence, theres admitted kristen is on this. This is about as serious as a crime exists in the federal coat. So it should get the 22 years. But now, for judge chutkan, i think andreas point is exactly the right. One gets 22 year sentence, what should the sentence be for the leader of the leader . And its got to be 22 years plus, i think youre right, lawrence, to say it might not be served in jail, maybe some Home Confinement operation or something differently Secret Service complexities, but even there they are not sure about that. But that is an asterisk. At the end of the day, i mean, if its appropriate to me that one of the prominent leaders of this right gets a serious and lengthy conviction, it underscores the need to secure a conviction and lumpy tennis for the ultimate theater of the efforts to undermine our democracy. Andrew weissmann, turning to the trump case on this very issue, jack smith props prosecution on washington d. C. On the january six charges or more what can you, make if anything, of whats going on in the secret filing that we just saw one piece of it today. In which jack smiths motion says, i cant really say with this is about. What is your theory about whats going on here. Well, the thing that was unusual to me, theyre on a serious skirmishing by trump council. What the government said was that there is a procedural order, that the court has entered and the parties agreed to, where if sensitive material is referenced in a filing, that filing initially has to be made under seal. So, thats what the court, thats what the government did. They had a filing that referred to sensitive material, they explained because of that, the rules say it has to be filed under seal. And donald trump objective, presumably what the government hiding, they want to be transparent, it all seems crazy to me. Because thats like speaking to the court of public opinion. It seems like a needless fight to have with this judge. The other part of the filing that was interesting, the government did take an opportunity to remind the judge, which im sure shes aware of, that they put in the record, that donald trump continues to make inflammatory statements that could prejudice the jury. So, there clearly way laying the groundwork for future action by the court if this continues. Neil, them the piece of the motion that it become public, referred to Donald Trumps extrajudicial comments as something thats in the secret motion, along with the sensitive materials. Given, as andrew points out, there is a preexisting order about how to handle any motion with sensitive materials. Why is judge chutkan, why would judge chutkan add to this time period here. Shes basically throwing an extra week on to a process that her original orders already described how it should be handled. Yeah, but i think with this motion, at least the part of, it lawrence, were all guessing because we cant read it all, but i think what this motion is about is what andrew said at the end. This appears to be a warning by jack smith, and im really glad to see it, that there is a filing by him that says, defendants dont behave this way. You dont get to attack prosecutors. You dont get to tack witnesses. You dont get to attack judges. And try to poison the jury pool. Judge chutkan has already indicated, the best remedy, if trump is gonna do that, is to speed the trial timetable up. And make sure that that trial happens well before the 24th election. That, of course, is trumps nightmare scenario. Hes scared like heck that hes gonna actually have to face a jury of his peers before the election. So, when i read this motion, its basically a Shot Across The Bow by jack smith, at least, again, the part that we can read, that says, look, this guy is really stepping on your order. Were not necessarily, again, the parts we can read, asking for anything at this point. But were going to if this behavior continues. No defendant behaves this way. Andrew weissmann, one pm tomorrow, and judge mcafees georgia courtroom could be the most revealing hearing yet in District Attorney williss prosecution, the judge is gonna ask her for a realistic description of how she would handle the trial with all 19 defendants in the room together. Or how she would handle it in organized in the subdivided version of that. Two defendants in one trial, six defendants in another trial. Whatever. And how many witnesses there might be in each one of those different sub divided possible versions of the trial. This could be the most revealing look into fani willis s plans or her capabilities in bringing this prosecution. Absolutely. On the one hand, we have this removal proceeding, and so, thats one thing you have to keep an eye on as to one or more of these cases will go federal. In the same hand, on the other hand, you have whats going on in the state court, whether there will be one trial of 19 people. And when that will go, whether it will be october, for instance, whether its gonna be much later. So, it will be quite revealing as to what the judge wants to do. I mean, my own view, its kind of nuts, thats the legal term, for the idea of trying 19 people together. I think thats actually something thats not great for the prosecution. But its unclear exactly how the State Court Judge is going to divide this. We do have two defendants, as you mentioned. Ms. Powell and mr. Chesbrough, who wants to go on october. However, they dont want to go together, i doubt that will happen. You dont really get to choose exactly who your codefendants are. But exactly how the state will say they want to try the case, and how the judge will carve it up, at the state level, is still very much an open question. And well probably get some idea tomorrow, that the judge may not rule on that. So, its a little bit of three dhs, we have to see how the state judges general in this, and then we have to wait what can happen with the removal petition. Because some part of the case, or a huge part of the case, may go federal. So, lots to be waiting for in terms of how this gets tried. Even if it does go federal, or some of it goes federal, what District Ernie Willis says tomorrow about the way she would organize a divided prosecution will tell us a certain amount about how it might work on the federal version of the trial to. Andrew weissmann, thank you very much for helping start off our discussion tonight. Neil katya, please stay with us. After the break, we hope you can explain what you are doing this weekend at what one trump codefendant calls a neopagan ritual. Neil, were gonna get a couple of minutes to think it over. If theres and that you want to confess, well, youll handle it the way you handle. Well be right back with neal katyal. Safely in as little as one treatment. When i was diagnosed with hiv, i didnt know who i would be. But here i am. Being me. Keep being you. And ask your Healthcare Provider about the number one prescribed hiv treatment, biktarvy. Biktarvy is a complete, onepill, onceaday treatment used for hiv in many people whether youre 18 or 80. With one small pill, biktarvy fights hiv to help you get to undetectable and stay there whether youre just starting or replacing your current treatment. 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It turns, Out Neil Cattle picked the single most difficult year to attend the burning man festival, held annually at the end of august, in the nevada desert, which is already one of the hottest places in the world. This weekend, the burning man location in the desert got swamped by a stunning Desert Rainfall that created impossible conditions for vehicles in or out of burning men. Neil katyal was one of the people who got out of burning men and tweeted, very helpful advice to others who are trying to leave burning man. Beginning with this tweet. It was an incredibly harrowing six mile hike at midnight through heavy and slippery mud, but i got safely out of burning man. Never been before, and it was fantastic, with brilliant art and fabulous music. Except the ending. I was not surprised that neil katya was at burning man, because he is the coolest former Acting Solicitor General that the Justice Department has ever had. And i know he wouldve been at woodstock, which unfortunately for neil, occurred a year before he was born. I wasnt the only one who wasnt surprised. The single strangest person among Donald Trumps 18 codefendants in georgia is Jeffrey Clark. The then obscure Justice Department official who donald trump made the Acting Attorney General for a few hours before changing his mind after every top Justice Department official threatened to resign. Jeffrey clark urged the then Acting Attorney General to lie to Georgia State officials and claim that the Justice Department had evidence of Election Fraud in georgia. Everyone whos ever worked at the Justice Department or has any working knowledge of it, was shocked beyond words and sickened by what Jeffrey Clark tried to do to overturn the president ial election from his position in the Justice Department. That same Jeffrey Clark tweeted this reaction to neal katyals tweet about burning man. Why am i not surprised that neil katyal made it a priority to get to a neopagan ritual . Pray that these folks come to the light and realize that the only path is through and to our lord. We are all fallen, and need god. And to repent as a nation. None of us have fallen as far as Jeffrey Clark has fallen. And if Defendant Clark is convicted, a judge will decide exactly how long, and exactly where, Defendant Clerk will repent. Neal katyal is back with us and safely back from burning man. Neil, you have the floor. Neopagan ritual from an attack from Jeffrey Clarks quite remarkable. But please. We are willing to hear your defense, if you have one. First of all, i think jeff clark was a key participant, lawrence, in one of the most neopagan rituals of all, which is worshipping donald trump. And youd think thats a guy who simultaneously facing disbarment, state criminal charges, and the possibility of additional federal charges, might have Something Better to do than to troll people, frankly, to troll people poorly, online. I guess, you know, in a way, i feel for him. Hes under an enormous strain of criminal indictment. And if i could advise him id say, look, youre in a hole. Stop digging. But i realize its kind of futile, thats the kind of behavior that landed him in jail in georgia in the first place. So, you know, part of ageist thinks Jeffrey Clark is upset that he couldnt attend burning man himself. Because hes too busy turning himself into the Fulton County jail. But on a more serious note, ive heard this garbage my whole life, lawrence. Go home. Go back to where you came from. Pray to the one true god, lord, that kind of stuff. Ive also seen the other side of that. I point ive been to a Catholic School in chicago, we never heard that kind of garbage there. Ill tell you swear people respected my faith and respected the other faiths. And when i was at the Justice Department, that was certainly the mission of the department for everyone there. I remember for example, the Westboro Church came in to talk to us. That is Supreme Court case. That was a religion about as far away from mine that i can imagine. We listen to them respect. We gave them their time. We took what they said seriously as the arguments warranted. We didnt do this kind of stuff. You know, this guy is not just a constitutional menace. Hes also a criminal. You know, at the end of this, i guess id invite mr. Clerk to attend burning men next year to see what its about. But i have a strong suspicion he might not be allowed to leave the State Of Georgia by next summer. Neil katya, thank you for two things, the report from burning man. And that thing about putting the plastic bags on before you put the socks on for merging the. All those hopeful details. But also, for revealing to be something i did not know. Which is Jeffrey Clarks on twitter. Mice like most people on twitter, i had no idea. Now, im a faithful follower. You probably dont, lawrence, the guy blocks everyone the minute i responded to him, he blocked me and started tweeting all the stuff at me which ive been able to read it. All right, i gotta check if im blocked. I did follow me yesterday. As soon as i saw this twitter menace from him. Neil katya, thank you very much for joining us. We really appreciate it. I hope you can provoke more out of Defendant Clerk. Thank you so much, lawrence. Thank you, neil. Senator Sheldon Whitehouse sent an Ethics Complaint against Supreme Court Justice Samuel alito to Chief Justice john roberts. Senator whitehouse joins us next. Chevy silverado has what it takes to do it all. With up to 13 camera views. And the z71 offroad package. You ok . Yeah. Any truck can help you make a living. This one helps you build a life. Chevy silverado. 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Even for his hair. Wow. And for dust, i love my heavy duty duster. The Fluffy Fibers trap dust on contact, the honorable john g. Roberts up high and all around without having to lift a thing. Im so hooked. Youll love swiffer. Or your money back junior. Chief justice of the United States. Chairman of the judicial conference of the United States. Supreme court of United States, one washington d. C. , to a five for three, dear Chief Justice chairman roberts. I write to lodge an Ethics Complaint regarding recent Public Comments by Supreme Court Justice Samuel alito, which appear to violate several canons of Judicial Ethics, including standards the Supreme Court has long applied to itself. That is the beginning of a sevenpage Ethics Complaint, written by senator Sheldon Whitehouse, whos the chairman of the Senate Judiciary subcommittee on federal courts. The Ethics Complaint focuses on one of the most constitutionally ignorant things as a cream Court Justice has ever said publicly, which also constitutes an ethics violation, according to senator whitehouse. Senator whitehouse writes, the Wall Street Journal, on july 20th, 2023, published an interview with Justice Alito. During the interview, a Justice Alito stated that no provision in the constitution gives congress the authority to regulate the Supreme Court. Period. Justice alitos con meant appeared connection to my Supreme Court ethics recusal in transmitters the act, which the Senate Judiciary committee had advanced just one week before the publication of this interview. That bill would update Judicial Ethics laws to ensure the Supreme Court complies with ethical standards, at least as demanding as another branches of government. Justice alito expressed an opinion on a matter that could well come before the court. Senator whitehouse cited the code of conduct for federal judges, saying, judges should not make Public Comment on the merits of a matter pending or impending in any court. Senator whitehouse told the Chief Justice, the senate is, quote, investigating the federal tax considerations surrounding the billionaires undisclosed gifts to Supreme Court justices. Attorney david rivkin was one of the interviewers in the Wall Street Journal piece, and also a lawyer in the Tax Investigation of Supreme Court justices. The timeline of the Wall Street Journal interview suggests that its release was coordinated with mystery of kins efforts to block our inquiry. Mr. Rivkins counseled by leonard leo with regard to the Judiciary Committees investigation into mr. Leos action to facilitate gifts of Free Transportation and lodging that Justice Alito accepted from paul singer and Robin Or Cooley The Second in 2008. Justice alitos opining, apparently, at the behest of his friend and allys lawyer, prompts of an argument being used to block inquiry into undisclosed gifts and travel received by Justice Alito. At the end, Justice Alito is the beneficiary of his own improper opining. This Implicates Cannon to be, strictures against improperly using ones office. To further a personal interests of justice, obstructing a congressional investigation that implicates his own conduct. Joining us now, democratic senator, Sheldon Whitehouse of the great state of rhode island, where i spent some of my labor day weekend. He has a member of the Judiciary Committee and chair of the subcommittee on federal courts. Also the host of the podcast, making the case. Senator, here we have it, finally. An actual Ethics Complaint filed against Justice Alito. What brought you to this point . Well, two things. First of all, i said on the Judiciary Committee. And the one thing we hear every single time that we have a Confirmation Hearing for a Supreme Court justice is they refused to answer a question because, they say, it would be improper. Or unethical to opine about a matter that might come before the court. So, we have every Supreme Court justice on record, including Justice Alito, saying that. And then the next thing you know, there he is. Talking to a lawyer on the Wall Street Journal editorial page, and opening on a matter that might welcome before the Supreme Court. So, the first thing about this is that that element of it is a pretty flagrant violation of an ethics tenant that all of the judges have subscribe to publicly in their Confirmation Hearings. The second thing, it went from that two way, way worse. As we began to find out, okay, this wasnt just general opining, this was opining related to a specific dispute that the interviewer, the lawyer and that dispute, the client of the Interviewer Lawyer in that dispute was Justice Alitos friend. In infamous court fixture, leonard leo, and that the information we were seeking, the gravity of the investigation, was Gifts Arranged by leo to alito. So, theres a lot of fact finding the needs to be done to flesh out those remaining segments. And thats what made this very interesting to me. You had a clear violation by Justice Alito. It would be hard for the court, or the judicial conference, to just shrug this off. And you have a clear interest in further fact finding, which is a thing the court has gone out of its way to avoid having any of. I just want to, you know, give the audience a sense of just how much constitutional law you have to know to know how wrong his statement is. And that, is of course, there are nine Supreme Court justices, because congress decided it would be nine. It had been other numbers and other point in time. Im not aware of any Supreme Court justice in history, including the very first Supreme Court justices, having the slightest doubt that Congress Gets to decide how many Supreme Court justices there are, which is to say, congress does get to regulate the Supreme Court. Indeed. Not only as to its number, but as to its jurisdiction. Its appellate jurisdiction. Indeed, the letter that i wrote to Chief Justice roberts, received by him, also in the capacity as the chair of the judicial conference, thats a job he has by virtue of congress. Judicial conference is a body established by congress. So, the idea that none of this has any relation to congress, just has no merit at all. But, its the argument that is being used by the billionaires, and now, by Justice Alito, to try to handicap our investigation to what the facts are. When they were gifts. How many gifts were there. What was the scenario in which the gifts were developed . Who was the orchestrator getting them the gifts. All of those things merit investigation. And its that investigation that the is the republicans love to use the word weaponize, is weaponized opinion of Justice Alito is being used to discourage or defeat. You know, when i read his comments in that interview, i immediately recognized but i had no idea it could fit into this description of i thiolation of ethics, which is on several different points race. So it is really a stunning document you have created here, including that passage from neil gorsuch and his Confirmation Hearing, where he refuses to answer a question about the possibility of such a bill existing. Youve actually passed the legislation through the Judiciary Committee. It is real legislation. Its moving. And it obviously would move to some kind of decision by a Supreme Court, possibly. There is samuel alito talk about it. When judge gorsuch said he couldnt even talk about a theoretical possibility of someone passing legislation like this. Yeah, He Gorsuch Quote is particularly telling because its not just saying i cant genuinely offer an opinion on any merit that might come before the court. He specifically say, i cant offer an opinion on the prospect of ethics legislation being done before congress, because it will be wrong for me to offer an opinion. And he put that side by side with a little, a Pining Merrily away in the Wall Street Journal editorial pages, of all places, to a lawyer, in the dispute, all people senator whitehouse, id like to squeeze in a commercial break here. When we come back, i want to get your reaction to Justice Clarence thomas revising, updating his Financial Disclosures and the most extraordinary way. Well be right back with senator whitehouse. I told myself i was ok with my moderate to severe Rheumatoid Arthritis symptoms. 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Supreme Justice Clarence thomass lawyer says they will cooperate with and and face to keyshawn of Justice Thomas by the judicial conference. The lawyer said, we look forward to answering any additional questions or addressing any remaining issues with it and its staff in the wake of this sensationalized allegations. The Financial Disclosure process should never be weaponized against any justice simply because any organization or anyone disagrees with the way justice thinks, writes, or votes. Senator Sheldon Whitehouse is back with us. And senator, this is the biggest revision of Financial Disclosure forums i believe in the history of Financial Disclosure forms, including senators, house members, anyone. And it is striking to me. Its a Supreme Court justice and repeatedly the are explanations like this for new provisions. This refers to the sale of his mothers House To Billionaire harlan crow. The house Clarence Thomas partially owned. He said, Clarence Thomass inadvertently failed to release the sales transaction for the final disposition of these properties triggered a new, reportable transaction. This is not complicated stuff. Just one more, this is the most amazing one of all to me. Personal Bank Accounts at the congressional federal credit union. I still have my Senate Congressional Union Checking account. Those amounts were inadvertently admitted in prior is due to a misinterpretation of the rules. File are believed that personal Bank Accounts were exempt from reporting disclosure. Senator, what other kinds of Bank Accounts does a Supreme Court justice have . I dont know, when this one has won with harlan crow as his fiduciary. It is an astonishing thing for a Supreme Court justices, oh, you know, the details were too tricky for me. Yeah, the two things that are frustrating about this, one is that there are so many excuses that have been made. And after to test with of those are real or not. They wont enter questions, they just have these things. They say, im a lawyer. And there is no way to have a factual dispute or fact check on whether any of that is true. And he doesnt have to make any direct statements. So that might imperil him of him at a full statement. So the whole process is all screwed up. And the second thing, even worse, is the attempt of repair of filings is not complete. It is not accurate. They took one year, 2022. But we, the public, propublica the organization, have reported over and over again about gift prior to that, and even in this period, gifts from other billionaires. And none of that reported. They stopped at the 2022 form. And they didnt go back and redo any of their prior forums. And there is no explanation as to what is appropriate. There is a lot about when something changes the role, and when something clarifies the role, and there is no discussion of that law, they just pause it. This changed the rule. 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The key hearing tomorrow, and what is next for mark meadows pushed to make his case federal . Then, thousands of escape burning man after being trapped by rain and mud and escapee shares his midnight hike and how he got out. As the 11th hour gets underway on this tuesday night. Good evening, once again, im Stephanie Ruhle, live from Msnbc Headquarters at 30 rock. Late today, a federal judge handed down the most severe punishment for any of the more than 1000 people charged in connection with the attack on the capital. 39 year old Enrique Tarrio, faith onetime leader of the farright group, the proud boys, was sentenced to a total of 22 years behind bars. Feds say he played a key role in orchestrating the insurrection, even though he wasnt even in d. C. On that day. But on the eve of january 6th, tarrio tory it was currently missing the founder of the oath keepers militia