Transcripts For MSNBCW The 20240704 : comparemela.com

Transcripts For MSNBCW The 20240704



florida. now a magistrate judge would have to him to enter his plea at its root what the arraignment is it something fundamental to the rule of law and our constitutional system. you are given a right to hear the nature of the charges against you. the other thing that happens if they decide the conditions of your release. trump is not expected to be put in jail ahead of this trial, but there will be discussion of the terms under which he is released on his own recognizance. that happens in his federal indictment in florida and we expect that will happen again today. that part of the process is somewhat unpredictable. you never know exactly what the judge will want to talk about. we will know about it as soon as we are allowed to. as we said, cameras are not allowed. we will have no live feed as it happens. nbc is lucky enough that our reporter is one of the few reporters who have been given a seat in the actual courtroom. we will talk with garrett once it is over. we will also get dispatches from the courtroom as the arraignment gets underway. we will bring all of that as soon as we get that news. again, it is now 4:01 on the east coast. that means per the federal court schedule we expect trump's arraignment is underway. as we watch these things unfolding it is interesting, i was thinking about trump's first arraignment this spring, which was in new york. in that situation we thought there was a possibility we would not be trump at all. he may sure that he got out and showed himself to the crowd and waved, later making remarks. today logistically there is no reason why we should see him bodily in and around the courthouse. they can break him in out without any exposure to public facing spaces. does he have the choice to do otherwise? >> he is under the custody of the federal government through the arrest and arraignment process, but he have come voluntarily. that affords them the right to come in as he pleases. we expect bail conditions to be set with his freedom. we have seen donald trump repeatedly the rotted five try to turn think that everyone, uniformly, forget party or partisanship being seen as bad things and try to turn them into spectacles. the other point that i would raise, and you walked us through this indictment a couple of days ago. everything that you said stands. this is a very serious set of provable and evidence by charges about more than one conspiracy over more than one month of time. it is not i say something and i didn't mean it. there is a very organized plot. what we see today that we have never seen before, it is familiar for viewers and people around the world. what is new and for the first time today is because this is about the coup conspiracy this is the first time donald trump has been taken into custody by the government he tried to overthrow. that is a physical activity that is occurring and it is a serious thing. we have seen it in other countries. it is happening here today and it can happen here. a lot of law-enforcement experts say it is a good thing the rule of law is being upheld. it doesn't preclude the fact that the defendant has rights. >> i was thinking about this today in 30,000 foot terms. there is a way to see this is good news, just because trump is not in belarus. he didn't turn up in riyadh this morning. when he got arraigned in florida they had the option to take away his passport. he has voluntarily submitted his stuff. i do not think that was a given. with his first arraignment in march you might remember ron desantis came out instead florida will not assist. he did not get called on that. he didn't have to show whether he was going to put his money where his mouth is. that was in a given when the process started. >> it is a good point. we have been through three of these. it's a bizarre thing. >> the third episode up the trouble gets arrested show. >> he is submitting himself to the custody of the government he tried to overthrow. he's doing it physically in the location where the crime was committed. the sixth amendment which lays out the right of the criminal defendant. the fifth says you have the right to a trial by the jury of your peers in the district where the crime was committed as ascertained by the government before him. he is blocks away from where the crime was committed, where the plot was hatched, where the plot took place, where the ultimate culmination happened on january 6. as he whines about the venue, which has been his defenders, his lawyers and himself, nothing is more sort of perfectly opposite then to have him in that courthouse, in that terrain today. >> and the latest just moments ago, the report we got from the courtroom is the magistrate judge who is going to oversee the arraignment is not yet in the courtroom. that means donald trump and jack smith are sitting less than 10 feet apart waiting for this thing to get going. to chris's point, trump and his lawyers arguments arguing that this shouldn't be the case where the case is hurt but it's up to the idea. >> there is something eerie about the fact that he is so close to the place where his supporters tried to overthrow the government in order to keep in power. not only is jack smith in that room, three of the officers who were injured and victimized by him including one who has lost his career because of the injuries that he suffered at the hands of trump's people. i have to say i have been thinking about whether or not it is solemn for me. i have to be honest, maybe i am alone on this, it isn't solemn for me. when i think about what donald trump did i think about when he did it. it was two years ago. >> that they will follow him. >> exactly where the arrogance of the people who felt that they just didn't like the outcome, you know. i'm going to try to believe people. i don't believe him when he says he think that he won. the only reason as a pretext to feel the election. he said it over and over because he was told he did it by barr and all sorts of other people. so the arrogance of people who went to that capital, that citadel of american democracy and said not only can i take a number two all over the floor of this building, literally, not only can i beat police officers, i'm going to live stream it. i am going to put it on my socials. i am so arrogant that you cannot choose who is the president. i choose who is the president, we choose. the oath keepers and problem with were sitting in prison were waiting for the insurrection act to be used. they had the arrogance to believe they choose who with the president. they will commit violence and wait for donald trump to call out the militia, them, in order to install himself in power. the arrogance of donald trump and his people to say we don't have even the right to vote and have our boats respected at all. they choose who is the president. it is their decision. if we don't like it, too bad. we're going to call the military on you. i think that it is really late and it is not fallen for me. this is finally the first time i feel donald trump is being treated like a normal american. >> can i ask what the not solemn billing is? doesn't have a name? >> is schadenfreude appropriate? >> it's a noun, but i got it. >> i agree with you completely and i feel invigorated. i don't the static, but i do feel again, the water is wet. gravity exists. we saw him commit the crime. this is a man who should have to face the jury with all the due process afforded, a trial by his peers. he should have to submit to the custody of the government he tried to overthrow. he should have to be humble with all the constitutional protections that he tried to deny to us and everyone else. this is the system working. rachel, you made the poor before and i kept thinking about it. it is true that we have never done this to a president, but it's also not true that we haven't done this to elected leaders. there have been governors and lieutenant governors. if you came up in the city of chicago like i did every other week. it was like a day ending in "y." so it's like yes, the gravity of the crime is historic and i think i'm parallel, but the system functioning in this way with this sort of routine is that is today is a sign of some sort of democratic resilience. a resilience to liberal democracy that i find fortifying. >> after those people attacked our capital they went to their hotels,, planes and went home. it was in some cases a year before even they, because they supported him, got to face justice. he also went home. they committed this crime on television and then went home like they did into anything wrong and posted it on their socials as if they had a right. these people do not respect our democracy. they don't respect us. donald trump has never respected this country. he said the country was trash and garbage and now he wants to lead it again? tens of millions of people think that he should. >> there is a legal version of what each of you are diagnosing, we keep using the word crime. why? we are journalists and very careful in advance of a trial to talk about the process playing out, but there were many crimes that occurred in plain sight and they have now been convicted. there was a sedition that day. now there is a trial and a question before the jury will be where these conspiracies advancing or benefiting from those crimes? if you take a case like enron, before the verdict there was the question of what this business or a financial fraud? the trial resolved that. the supreme court came in. >> interesting foreshadowing as to what may happen here. >> we have time to get to that. here on arraignment day those crimes have been convicted. everyone may have known or seen someone who say otherwise. people say a lot of things. it is a public legal fact that there was battery against the police. blue lives did not matter that day to those people. there was a sedition. what trump is being arraigned for right now is three conspiracies. he can go to prison for any one of them. jack smith defined three conspiracies that he says were in service of planning some of that and then one of them benefiting from it. to be clear as to why this arraignment is bad news and why it's a tough case is even if the jury says i don't think he planned or intended violence, he can still be convicted on the two other conspiracies. >> to joyce point, a couple points, if you sent to donald trump begin a sentence with the words i respect and finish it, he couldn't. there is nothing that could follow that verb in the trump mentality. to what is at issue here, the very first crime listed at the top of the indictment was a conspiracy to defraud the united states. it means it was a conspiracy to defraud everyone at the table, everyone watching, every voter in america, every resident of the country, even if you didn't have the right to vote. the country is supposed to be governed by the decisions of the voters. this was a conspiracy to defraud the united states of the voters decisions. you have a right to be on the winning side of the vote when you are on the winning side of the boat. you have a right as i have for most of my life to be on the losing side of the vote. that is where you are. that is what you're right got you, on the losing side. no one has the legal power to change your position in relationship to the voting outcome. that is what the case is about. >> i apologize to you guys that i keep looking down and clicking refresh. there is something that is a little unexpected going on. it is probably nothing, but it is 14 minutes past the hour. as far as we know the judge who is supposed to be overseeing the arraignment is still not in the courtroom. you know, courts are not a swiss watch. things do not always go according to plan. there have been a few interesting logistical corrections. this magistrate judge usually have a specific room that she operates out of in a specific part of the courthouse. instead it is due to be held in the chief justice courtroom, a whole different wing of the courthouse. that is for logistical reasons so they can stream information. it is a 4:15:00. while i have been saying this for judge has just entered. all rise just happen. we are about one quarter hour behind schedule. donald trump has been reading a document that has been put in front of him and has been asking his attorney something about the document. it appears he has taken great interest in the documents in front of him. the magistrate judge has just entered. >> i started to get stressed out just imagining being locked out of some hallway or something. it's like a living stress or the most important arraignment of your life. >> they have to go through this incredibly tight choreography. they had a plea deal where he would resign from the vice presidency and have a sporty count of indictment reduced to one plea. it was this whole thing, but he had to resign immediately and he was two minute late into the courtroom. all of the prosecutors in of the defense attorneys almost died from the stress of that going that way. for this to be 15 minutes late in dc federal court is a little bit of a minor heart event. >> we are 48 hours into this case. we have had this indictment for 48 hours. what have we learned about the trump defense? there are options. one of the lawyers have gone on television. there is not a single thing that a trial lawyer has said that has stood up for 30 seconds. they are saying he has a first amendment right to say whatever he wants. that has been knocked down pretty easily. there is the advice of counsel argument. when the guy you are saying you took your advice from is a co- conspirator in the indictment, good luck with that. by the way, you, donald trump, would have to get on the witness stand and convince the jury under oath of that. we haven't heard anything that sounds like it could work in the courtroom. i asked andrew wiseman the first night with this indictment, can you see a defense? it is his job as a prosecutor. he could not find a defense in the courtroom for this case. all you can do with yell about legalities, but there have been no other developments in the 48 hours, including from the guy why identified on the first night as the star witness, mike pence. he is putting more detail on his testimony on the campaign trail. it sounds like he's going to keep doing that. he said the first time i heard in early december someone suggested as vice president i might be able to decide which votes to reject and accept, i knew that it was false. that is not in the indictment. that is new information. remember the mike pence wouldn't dare speak about this publicly because i must not ever violate my conversations with the president? here he is telling you everything now. that testimony from that star witness has only made the case worse in these 48 hours. >> let me interject. again, we cannot have cameras but we do have a live readout of what is happening. the judge entered the courtroom , all rise. trump rises. the magistrate judge entered a hearing gets underway. the clerk court call the case united states of america versus donald j trump. you should know the special counsel if there in person. there are both prosecutors they are and also the president defense counsel. one of the president defense lawyers analysis the president trump is present, when the judge treats him she does not call in president. she says good afternoon mr. trump. the judge has reminded everyone of the rules about photographing and taking tape, which were not allowed to do. you are not allowed to video or take photos of out of the room. she says violations may result in sanctions and that applies to anyone even in the overflow and not just those in the actual courtroom. trump stands with his right hand up, presumably to be sworn in as the defendant and ultimately to enter his plea. andrew wiseman is with us. what should we understand about this process and wasn't right for us to get nervous? >> i just wanted to give you some insight into what the document was and why there could be some delay. it is standard procedure for a group of people that deal with pretrial services. every defendant, there is a pretrial services report issued. even though this defendant, like many defendants, are released, pretrial services writes a report about the defendant and makes suggestions to the judge about what the conditions of release should be. the later the defendant shows up in court the more there is a reason for delay. they have to interview the person, write the report and give it to the judge. my guess is if he is looking at a piece of paper that they have not seen before, that is what the government gets, that is what the defense gets. they look at it, and the judge will want to look at the proposed conditions. in the mar-a-lago case the magistrate judge did impose additional conditions of relief that the government had not asked for. the magistrate wanted to make sure donald trump was being treated like everybody else. it will be interesting to see what the judge does here. the other day i will be listening for is whether the judge has a date on the assigned district judge asked to when everyone is supposed to appear in front of her. >> andrew, let me tell you what we have in terms of a readout. the judge says we are here by way of summons. what does that mean? >> you can get an arrest warrant, the marshals or the fbi can go out and arrest somebody. a summons is a piece of paper that says dear rachel maddow, you need to show up on this day. it requires you to show up. if you don't, then people can go out and arrest you. and is a lesser form when you know the person is likely to comply with that request. and i will put that in air quotes. >> and this is the readout according to the reports reckoning from reporters inside of the courtroom. after saying we are here by way of summons, the judge then addressed mr. trump, as she put it, saying essentially i'm going to give you a general roadmap of how this is going to go. you have rights in connection with this case. today i will write you and then i will consider any requests or petition for relief, then we will does -- discuss the next steps. if you have questions after counsel and i will give you anytime you need to concur. the judge then asked him to state his full name. he stood up to do so, but didn't need to and said that his name was donald john trump. he was asked his name and he said 77. things then proceed. in terms of the or how this goes, obviously the judge is now going to go through the counts. she's going to tell him the potential prison time he is facing with each one of those. and then he has to enter an individual plea for each of the counts, correct? >> correct. usually the judge will ask do you wave reading of the charges? usually the lawyer will say yes. they don't want to be there for a couple of hours while she reads everything. that is pretty standard. a plea will be entered and can be entered by the lawyer for the defendant. off in the defendant himself or herself one that plea. forgive me in terms of this being choppy. this is me giving you the readout in real time. the judge is going through the counts one by one. count one in the indictment is conspiracy to defraud the united states. if convicted he could be imprisoned for a period of not longer than five years. count two is conspiracy to obstruct a official proceeding. she then tells donald trump if convicted of count two he could be in prison for 20 years. then she gets the count three, the penalty not more than 20 years and then she says count four, conspiracy against rights, a penalty of not more than 10 years. then the judge, per our reporters says as i mentioned, you do have certain rights during this proceeding. you have the right to remain silent. anything you do say to a law enforcement officer can be used against you in this proceeding or any future proceeding. do you understand that, sir? >> yes, he said. you have the right to an attorney. yes he says to that asked if he has retained counsel. now, the judge then tells the prosecutors to produce evidence to the defense counsel. she says not doing so in a timely manner may result in sanctions against the government. the prosecutor says he understands. and now trump as of 4:20 3 pm is officially being arraigned. trump stands and faces the judge. an arraignment official proceeding, but extremely important, she tells him. excuse me, and then the defense counsel says yes, your honor, he has when asked whether or not trump has received the indictment. and now as a 4:20 4 pm today august 3, 2023 former president donald trump has issued his plea. he is standing facing the judge and says not guilty. that is to the first charge that he was asked about. we will pursue he is -- well, it is confirmed. as of 4:20 5 pm he has pled not guilty to all counts. there are other substantive matters that will happen. we will be interested to see the discussion that happens around the conditions of release. the meat of this matter has now taken place. former president donald trump has been confronted formally with the charges against him. he has had his rights explained to him including the right to remain silent, which for anybody who has ever watched a cop show land like a ton of bricks. he has been advised of his rights and the charges that are pending against him and he has entered his plea of not guilty on all charges. it's just a moment. >> it is amazing. donald trump has lived 77 rarefied years in which he has not paid taxes, not follow the law in any appreciable way. he came in as president and profited off the presidency openly. he hired his son-in-law and his daughter. he flouted the rules, which is one of the reasons people like him. he seems to sort of band-aid the rules that ordinary americans have to follow. it has to be a humbling day for donald trump to finally face justice, particularly their in washington dc. they oppose sending you for many reasons. the demographics are interesting. i believe this magistrate judge if a woman of color. the judge that he will be facing in the trial, a jamaican war woman of color. he seems to be facing demographic reality, legal reality, and situational reality. he is not president trump the way that he pretends to be when he is on the campaign trail. he is just donald trump. that is what we intend our presidents to become again. after you are president you are not president trump anymore, you are just donald trump. today he is just donald trump. >> i'm going to add just to point to what we got out of the arraignment. you mentioned what we know as the miranda warning, the supreme court decision, but it doesn't matter who gives that out. we are accustomed to it being police on television because that is your first contact with the law. as rachel with planning earlier, go ahead did you have something? >> sorry, we are also tracking what we are getting out of the court. i thought you might have something. the judge is doing what we oftentimes the officers to. -- do. the government, jack smith's office is being told to turn over discovery. by a be a much faster process than the classified documents case because there is much less that we would expect one of those classification rules. that means very soon donald trump steam will be getting the discovery, evidence of hurtful and any materials that might be helpful. we can see leaks or sharing that out of his office. i think it's going to be a pass and more informative process because there are not the classification rules. the judge signaling that starts now. >> let me give you further updates. the prosecutor, mr. windham says the defendant must not communicate about the facts of this case to any individual known to be a witness except through counsel or in the presence of counsel. so i went to ask you about that. the judge then underscores that a moment later. the judge then talks about the conditions of release and addresses trump directly saying to trump at 4:20 6 pm, you have heard your conditions of release. it is important you comply. you may be held pending trial in this case if you violate conditions of release. again, that is the judge speaking directly to donald trump. when she thing you may be held she is saying you may be imprisoned if you do not comply with the conditions of your release which we are spelling out at his arraignment. the judge then tells trump as characterized by our reported that the most important condition of release is that he not commit a crime while he is released. the judge says it is a crime to try to implement that your. do you understand these warnings and consequences, sir? trump nods yes. he nods. he's also described as seated a bit slouch looking at the judge. the judge then presents to trump a document which is the written version of his conditions of release. trump signed the paper. his defense counsel are described as looking intently on. trump looks at the document that he signed and at this point he is standing. again, this is a very live coverage being reported by our reporters who are inside the courthouse. they are not able to record or take photographs of orange tape what is happening. we are essentially getting a lot of readout. as of 4:30 1 pm the judge is still there and the proceedings are still underway. the judge is described as sitting silently reading something and now she's signing something. it is unclear if it's the same document the truck just fine. andrew wiseman is they are describing the conditions of release. the judge is giving eerily stark warnings about violating the conditions. the note that we have from the prosecutor, the defendant must not communicate about the facts of the case to any individual known to be a witness except counsel or in the presence of counsel. instead map exactly what he was told in his florida arraignment or is that different the phrase? >> that maps with what the magistrate judge insisted on in florida. the juror piece is not something that we heard in connection with the florida case. i am not surprised given the dc court. remember, let's leave aside that this is the former president of the united states for a moment. we have a defendant who was charged with two separate types of obstruction in florida. he is now charged with four types of obstruction here. what the judge overseeing this fees is somewhat with six types of obstruction of justice and is saying if you are going to talk to a witness it has to be in the presence of counsel. if you are going to communicate in any way with a juror or try to interfere with a juror that is a crime. not at all surprising. remember, this is the courthouse where paul manafort violated that position and went to jail. it is the courthouse where roger stone threatened a federal judge and posted a picture of her with crosshairs next to her leading to severe sanctions and restrictions on his ability to communicate. it is not surprising to me if you just treat him anyone else that you have that much obstruction and you are going to have these kinds of warnings being given. >> the judge, per our reporters at the courthouse, tells trump you've heard the conditions of release. it is important you comply. you may be held pending trial in this case if you violate the conditions. the judge then says the most important condition is that you not commit a crime while you are release and then the judge that one moment later or excuse me, two minutes later it is a crime to try to influence a juror. while that is obviously true and something those of us with only legal experience is watching tv, to have that or have the former president bluntly warned while he is being threatened with jail if he doesn't comply is a stark being. now, what is happening as of right now, it is for:30 4 pm on the east coast is that they are talking about when the first hearing in this case will happen. not before the magistrate judge happening -- handling today's proceedings but before judge tanya chutkan. now, the magistrate judge says she has consulted with the district judge, with judge tanya chutkan about setting that first date . they are talking about a number of dates for later this month. this'll be the first trial date in august, if they agree to it. those negotiations are happening right now according to our reporters. interestingly the magistrate judge says to defend trump today that the trial judge is willing to waive your appearance if you so wish at the first hearing. obviously that is at the judge's discretion as to whether or not to do that. that makes it presumably much easier for the council on both sides to come to a date they can agree to because they do not need to plan it around trump schedule and the security and secret service around his schedule either. as i mentioned, they are talking about three different dates toward the end of the month. the defense counsel asked for the latest of the three dates, the prosecutor asked for the earliest. the decision as to whether or not or which date will be agreed upon, there's only a week or so between them and it will happen here presumably under negotiation in open court if not, i suppose it's possible the magistrate judge will put it off and have the two agree outside of the courtroom today. my sense with the way this is going instead they are going to try to decide right here, right now. laura who was one of trump's defense counsels says there is a massive amount of discovery. obviously this is part of the argument that it should be the later date, in order to have the understanding of the trial is the understanding of electronic data, the amount of hard copy documents, but most importantly the degree there is exculpatory evidence on behalf of the president. there is no question in our mind that he is entitled to a fair and just trial. let me just confirm with the control room. i'm not saying this in writing but i'm hearing you say they have agreed on a date. are you sure? august 28 at 10:00 a.m. they were discussing three different dates all before the end of the month. august 28 the later of the three. that is what the defense counsel asked for. there is only about one week as we the various dates. every minute count for this point in terms of when this proceeding gets underway and how fast it most. >> august 28 is what everyone will be looking at. a meeting where the actual judge will preside. we would expect from there to discuss the trial date. the other interesting thing that we are hearing that reflect we were talking about earlier is discovery. when you hear evidence just think evidence, the piles of stuff. they are going to be clashing over evidence a lot. the trump weir strategy is not great confidence like bring it on, we are confident we are going to be acquitted. it is something else. it is this is complex, we need time and we need time with all the evidence. we are seeing our reporter mentioned the trump lawyer is saying something to the effect of there is a massive amount of discovery and we need time for that. jack smith team has been responding confidently, we are ready and we will give it all over to you and have at it. again, we talked about what is different in the magnitude of the case and this being the first time trump has been arraigned for charges related to his conduct as president, which the doj maintains of criminal conduct. the next phase, and i expect this to be what we talk about weeks if an evidence class and the trump lawyers making the argument and they are totally entitled to be heard. it's been 2 1/2 years. they need time to look at the length of the dates. and they are going to be pushing i would expect in the august 28 hearing to say the trial has to be a long time away. >> on that point one last update from one minute ago. what is the magistrate judge just tanya chutkan doesn't have to set a trial date at that hearing. is that what you're going to last? >> yes. it is a strange situation we find ourselves in. it's like the pitch clock in baseball. baseball. we all know what it is. everyone understands the entire legal strategy has been to declare earlier than normal you would declare so as to shield yourself in this probe of lyrical persecution. clearly to try to kick the can down the road as far as you can so that you can win the presidency for being sentence. preferably in this case probably convicted. so much is going to depend on the judge in this case, judge tanya chutkan. i would love it and you can tell me this. is something that i've been thinking about. my understanding of this, judges have a lot of discretion on timing and there are not a ton of routes to delay or second-guess their timing decisions for a trial. is that a fair characterization? >> that is totally fair. enormous amount of discretion. in other words the defense being able to take an appeal to delay things. it is interesting to me that the magistrate today, i was expecting she was say this is the date or dates you need to come back. i was not expecting her to say there is going to be a trial date set at that time. i think we should all anticipate between now and then we are going to get chapter and verse from the government about all of the discovery they have turned over. if they want a fast date they are going to be turning over everything. i also expect they will be pointing out how much is really new? what was turned over by the january 6th committee that the defendant has had for months and months versus what is new ? to try to make sure the judge understands the burden on this defendant in particular is not that great. they are going to be making every argument as to why even though there will be a massive amount of discovery, it won't be classified, but there will be a classified massive amount. the judge is going to make sure donald trump has a fair opportunity to prepare a defense consistent with the rule of law. i do expect there will be a trial set by her before the general election. >> donald trump knows all love the most important and damning evidence in the case because he said it. there is no mystery for donald trump. every bad fee that can get him convicted came out of his mouth. that is not something he's going to have to discover when he reads notes of what he sent to mike pence. >> let me give you a few updates. all discussion on the topic you guys are describing. this first hearing date set for august 28. according to the magistrate judge, judge chutkan will set a trial date at that first hearing. then they start fighting about the amount of discovery and the pace in which it will be produced. the prosecutor says the government is prepared as is a protective order is issued to present a substantial amount of recovery, including things they are not required to turn over. the prosecutor then says the case will benefit from order including a speedy trial. the defense counsel says there is a massive amount of discovery. i would respectfully request the government give us within 2- 3 days. the defense counsel again reiterates we want at least an understanding of the magnitude of discovery in this case. the government has been ordered to file a submission in seven days, estimating their schedule for when a trial should be set. the defense will then have five days to respond. then the defense counsel, i don't know what this means. andrew, tell me, the defense says we are going to file papers to exclude time to next hearing and beyond. what does that mean? >> there is something called the speedy trial clock. the public has a right to have a trial within 70 days. there are lots of exceptions in reference to an exclusion. it is saying that is a way for donald trump to say don't hold us to that 70 days. give us more time and you exclude the clock of 70 days. remember, the speedy trial clock is the right the public has to a speedy trial. it is not a right that is exclusive to the government or defendant. >> the defense counsels for the government to suggest this case can be tried in the time frame of the speedy trial act is absurd. these are weighty issues. the united states has had three and half years to investigate. all we would ask is the fair amount of time to defend our client. that is our last dispatch in terms of conversation between the various parties in this proceeding. the judge leave the courtroom. trump leaves the same way he walked in. this concludes as of just under two minutes ago this proceeding. part of the way we know that if they cut the feed to the overflow room. anything still happening will only be heard by those who are there. >> we got more information because of the nature of it and the nature of the defendant. his lawyers taught more than you might at a standard booking. i think the news we are getting if this is the first time we have seen a record in court. it is actually a right that the defendant technically has to a speedy trial, if you want one. >> we all have the right to have a speedy trial. >> the trump lawyer is basically waiting that right officially. they want us to take more time. they are basically saying we want more time and not mess. not only that, the trump lawyers are arguing for jack smith and the government to seize on this is essentially unfair. the second point that i want to make, and i say this carefully, i think lawrence o'donnell is right. i think the trump lawyer is right. let me explain. lawrence o'donnell is absolutely right that the bulk of these three conspiracies that are defined allegedly come from donald trump. so either he did or he didn't. he and his team knows what he did. if he didn't do things then he knows what his defense is. this is that kind of case. i think trump's lawyer is also right that they have the afford it right to get everything and they need time with it, because it was a sprawling grand jury probe. meaning, if a bunch of other people talked to the government or as trump put it ratted on him, those are voluminous interviews. they want time to go through all of that. it is a case in all fairness were both things are true. having said that i'm not familiar with any precedent you punt the trial for 2 years. >> i never have the occasion of thing trump's lawyer is right when he says doing it in 70 days would be absurd. in that respect everyone understands is going to take longer. what is also so striking about these exchanges is man does everyone understand the score. if not even subtext. it is tax. this is the big one. this thing is built for speed. there are no co-conspirators. plus you have the other case that has added to perceiving indictments in other co- conspirator. this is the most important in terms of what he is accused of. this is built to be done before the election and they do not want to die before the election, the government sure does. the judge is going to decide. all of that is just short of being skated explicitly. >> let's bring in kim delaney. the reason it's so important to go to him right now if he was in the overflow room and able to watch. what should we understand about what just happened? >> i was also in the overflow room down in miami. i have to say this was a much more intense experience all the way around. the magistrate in miami was very chatty. it had a different feeling. trump never said a word. this magistrate was extremely stern and all business. she asked a series of standard questions including state his name and his age. she played a by the book like any other first appearance at an arraignment including issuing a series of conditions for release, one being that he not commit any crimes. another that he show up as directed and there will be an appearance bond. i know you guys don't play the blow-by-blow, but that is the color. it was very intense. it was very businesslike. the courtroom was packed to capacity. there was not a smiling face. it was a stern kind of situation. i did observe the special counsel who was sitting in the first row behind his team, as mr. trump walked in, i noticed jack smith did not look in his direction. i'm not sure, down in miami a lot of people notice he seemed to be staring at times. he seemed to have made a point to not look. as mr. trump walked in he probably was the only person not looking at that time. he did look at him later. late really emerged is the stark -- this is not surprising. the stark disparity between the sides on timing. the government wants to get this case to trial. the government iso vowing a speedy trial. trump's lawyer, john lauro, started pushing back. we need to know discovery. we need to know the scope of the documents. we want to waive the speedy trial act. even the date of the next hearing, when they were offering three dates, mr. trump's lawyers picked the further out and the special counsel wanted the nearest one. the judge went with august 28, the next hearing, the furthest out that was offered. she has to respect scheduling of defense counsel.ul that underscores what we will be facing in this case while donald trump is dealing with three separate criminal trials unfolding. there's going to be scheduling issues. he is going to want to delay in all of them. the prosecutors are going to want toor push forward. >> waken, let me ask you about moment that we just recounted to our viewers as we got it from the team who was able to observe it live. things are happening with time stamps on them. at 4:26, the judge said, you heard your conditions of lease. you may be held pending trial in this case if you violate the conditions of release. the judge says, the most important condition of release is that you not commit a crime while you are released. the very next thing that we have from you, the next report of her talking to him is, it is a crime to influence a juror. can you tell us about that moment? fill in somes of the blanks an talk to us about the sequence of admonishments from the judge. >> my understanding is this is standard. every defendant gets these instructions. it seems to have special meaning when we are talking about former president trump who has shown compunction to go after judges and say mean things about potential witnesses in cases. that line really resonated. there was no admonishment about anything that he would say about the prosecution team or the judge, which i thought was interesting. no order along those lines. no commentary whatsoever. that's something that could happen if at some point trump began attacking the judge or the prosecutors in such ae manner that the special counsel's office decided to do something about it. it's a delicate situation when you have somebody running for president. the courts and the government areur going to bend over backwas to try to respect their right under the first amendment to speak. there's a line between speech andli threats and intimidation. it will be interesting to see whether we will explore in this case or other cases where that line rests. >> ken, thank you. let me ask you one last question. i know you have been inside until moments ago when you ran out to get to the camera, for which we are grateful. when you a saw today and since u have come out and what you can see where you are, is there any -- how would you describe the presence of onlookers and protests at the courthouse? is it having any significant impact? is everybody dwarfed by the security and media presence? >> i have to say, the presence of onlookers -- the public has grown since i was inside the courthouse. for most of the day, the media has dominated. i'm told by veterans, not since the monica lewinsky and bill clinton scandal have we seen anything like this where a special counsel was investigating the then president. the media presence was dominant. there haven't been that many protesters. the figures in costumes. it's different from miami. there were more pro-trump protesters and trump supporters running around inrt that the mii area. not as much here. it has grown in the last few hours. >> ken dilanian, thank you so much. keep us apprised. i know the courthouse proceedings areho over, but this have a way of evolving on stories like this. we appreciate it. thank you. >> i just want to make a point. andrew can back me up. admonishments are normal. don't tramper with the jury, unless i'm wrong, is not a standard thing a judge says. that's a very trump specific admonishment. >> every judge has their own boilerplate. >> i don't know either. i think it's possible -- i would leave open the possibility that this magistrate judge's boilerplate isn't, don't tamper with a jury. andrew, you have appeared in these arrangements. i'm curious what you think. >> two things stood out to me as unusual. it's not usual for the magistrate judge toor have talk to the assigned district judge to find out what the next date is. what is unusual is that to your point to be so focused on the trial date and to have from the -- obviously, from the district judge the o dates by which she wants submissions on that issue. it's decided on the 28th. that, to me, is for people who are thinking that she's not focused on whether this can go to trial before the general election, that's the issue. it's also clear john lauro knows that. that's the reason he said, i need to know about the volume of discovery. it's going to be eye-popping. there's going to be a huge amount. the government will have to deal with thatme issue. that's the fight. the second thing is to chris' point about usually the standard condition that a judge emphasizes -- i thought when i heard it was going to be -- she reiterated the most important thing is -- i thought it was that you have to show up at each court appearance. that's the most important thing. that is what bail is for is that you will show up in court. when i heard that the standard condition and the most important thing is do not commit a crime followed up by do not tamper with a juror, i was -- my reaction was -- i was a prosecutor for s 21 years. i was a defense lawyer for five years. i have never heard that. >>ea wow. i stand corrected. >> i would love to ask you a couple of things. given the unusual things that i think we all agree were unusual, does it give you a rethink on what a the delay might have bee? do you think -- do you still believe that it didn't have something to do with -- >> the quarter hour delay? >> yeah. have you rethought that? >> there's no question that's not the talking to the district judge. the district judge would have said these are the dates, this is what i want to know. i think theprocedure, which i'm confident the court will want to follow is, you have to hear from pre-trial services about standard conditions of release. it's just -- it's respecting the pre-trial services officer, which is, that's what happens. a defendant is interviewed. a report is issued. the is entitled to see it. the court sees it. theco delay -- usually, the defendant is there hours before the court appearance. here if the defendant is getting there late -- i don't mean that in a bad okay. i mean there's a tight time frame. you have to t allow that proces. that's my best guess. >> a follow-up. it did feel unusual given the fact that donald trump has a history of attacking jack smith personally, his wife and the people around him, like roger stone have histories of attacking the judge. this judge would single out the jury and not talk about not making inflammatory comments about the prosecutor. that's something trump has done. >> remember, before any criminal case, judge kaplan overseeing the e. jean carroll case on his own took steps to protect the jury in that case and give admonitions to -- in a civil case, with respect to the former president of the united states takingth steps to interfere wit the jury in that civil case. it's not surprising given that and given just -- remember, any other defendant whore is facing obstruction of justice charges in this many cases, this is not a surprising development other than if you are thinking about the fact that -- what his former position was, that he was the former s president. but if you want to treat him the way anybody else would, this is what you do. >> it's now 5:00 p.m. on the east coast. to recap, former president donald trump has now been arraigned on four federal felony counts related to his attempts to overturn the 2020 election, his attempt to stay in power against the will of the voters. it has finally happened. trump was in the courtroom as was special counsel jack smith and his team as of 4:00 p.m. the judge entered the room 4:15. we all increasingly boiled. then at 4:15, it got underway. the judge advised him of his rights, which trump acknowledged he understood. then the former president pled not guilty to all four counts. the judge emphasized to mr. trump the conditions ofas his release ahead of the trial include not committing a crime. the judge was very explicit about that. the judge then immediately told him tampering with a juror is a crime. as andrew was saying, having been a prosecutor for decades and even a defense counsel, those were not words that he is used to hearing at a booking like this. the magistrate judge then set the next court t appearance aft discussion and negotiation, for august 28th at 10:00 a.m. that is not before the same judge, but before judge tanya chutkan. the judge who will handle this case through trial. according to the magistrate judge today, she communicated with judge chutkan about this process and this schedule. she says the judge intends to set a trial date at that first hearing, at that august 28th hearing. not something we necessarily expected to hear but something notable in terms of what the pace of the overall proceeding will be. the discussion after those important parts of the arraignment were done turned to the issue of evidence, discovery, what the government has to turn oversc to defense counsel. how much there will be. how much time they will have to work with the evidence before they are expected in the courtroom with opening statements. the government now has seven days to file a submission saying when they think a trial should be set. trump's defense counsel will have five days to respond. we expect after they have made their case to the judge, the judge will decide on august 28th when the trial will start. in the courtroom toward, prosecutors made clear they want to go as soon as possible. trump's team asked forbl the latest date offered, even for the first court hearing. trump's team said they kneed time toam prepare and that the strictures of the speedy trial act are in their words, quote, absurd when applied to what they expect to be the pace of this case.n ap then it was over. the judge left the courtroom. then donald trump left the courtroom. he has been arrested -- he has been indicted, arrested and arraigned three times in four in months. none of this is normal. this is our life now. now trump is headed back to washington's national airport. he is at washington's national airport. he will fly to newark in new jersey and then from there return by motorcade to his golf club in bedminster, new jersey. joining us nowto is a special case.l harry dunn defended the capitol on january 6. law enforcement who defended the capitol on january 6 praised by jack smith as heroes in the briefro public remarks that mr. smith made in announcing this indictment. officer dunn was at the courthouse for today's proceedings. mr. dunn, thank you so much for being with us today. i imagine this was intense or emotional, at least notable day for you. >> yeah. thanks for having me. it was emotional. it was intense. at one point i looked at my watch and it started going off. ied looked at my heart rate, it was over 100 beats a minute. surreal but needed along the way for what we have been fighting for all along as accountability and justice. >> when these charges were brought, i think the fact that there was an indictment for donald trump related to january 6, was not a surprise, the way the violence of january 6 which you experienced, the way that that was incorporated into the conspiracy charges. he said donald trump exploited the disturbance. his advisers talking about violence as a necessary part of the process. wonder how you have put your life at risk, how you felt abou the way this is charged and the way this is laid out. >> when i initially read -- saw the counts, then i read the indictment, i texted some of the other officers who were were there. we have a group chat that we talk to each other in. i was asking, where is the january 6 violence part? until that was pointed out it me, i was confused. hearing special counsel jack smith whenun he talked about us and acknowledged us, that was appreciated. it was heartfelt. almost overcome with emotion. i'm getting a crash course in the judicial proceedings and how they work. that's not my forte. i'm learning a lot about the process as we go. some of the things that i would expect toi be normal and just happen right away, you just have to be patient and take your time. i trust the justice department will do that. >> officer, good to see you. i think a lot about a thing you said at the very first, if i'm not irmistaken, hearing of the january 6 select committee. you used a metaphor. there was a hit man that was sent by someone. in the way that justice will work in other conditions is, yoo would find out who sent them. you never said the ex-president's name, but it was clear what you were indicating. i was struck today one of the things he is charged with, obstruction of an official proceeds, dozens have been charged with forze storming the capitol. does it answer the question you had at that first hearing about accountability for the people -- the person that sent them. >> yeah. it's a road to accountability. the ultimate destination is a guilty verdict. we are on the road to that. i messed up that metaphor. i guesset it was, everybody understood what i meant by it. yes, you can't just go after -- a lot of people call them the foot shoulders. everybody that had anything to do with the failures of january of need to be held accountable. >> my question is more basic. it's good to see you. when donald trump and you were in that courtroom together, at any point did he make ai eye contact with you? >> i was in the overflow room. that was a safe place for me. >> if you had an opportunity to say anything to him, if you had a conversation with him, what would that be? >> i don't know. i don't like talking to individuals who are lost in reality and delusional. i don't like to talk to individuals like lkthat. i don't even know if i would engage in a conversation with him. he doubled down, shown no remorse. i have no words for him. i let the special counsel do the talking. hopefully,in a guilty verdict i returned. that's what i will say, guilty. >> officer dunn, how closely are your fellow officers following this? does it havewi an affect on general morale for your compatriots? >> i'm not prepared to talk for everybody. everybody is aware ofal what's going on and that's it's a distraction for officers trying do their job and move on in their life. move the country forward. like iou said, how can you moven without correcting what the wrongs thatti have happened? i think this is part of the process of moving forward and healing.an taking the country forward. correcting the wrongs that have been done. >> officer harry dunn, we appreciate your time this evening. i appreciate you changing your life around and put yourself out there and putting your heart rate over 100 beats. thank you. >> thank you for having me. be good. >> i apologize i was looking at my computer. during his -- the closing of his remarks there, we did just get a readout that trump spoke when he was at national airport before he got onat plane to go back to newark and drive back to new jersey. he didn't take questions. i was interested in whether or not reporters were going to be able to ask him questions about what happened today. that could lead to a more newsworthy moment with him rather than him pronouncing. instead, it was just him pronouncing. i can give you the readout if you care. >> yes, sir. >> i have a strong hunch. >> it's a short play. sad day for america. he is ahead in the polls. it's a political persecution. he said, washington looks terrible. [ laughter ] w we covered it. alex wagner joins us. we have been covering a proceeding that had not twists andt turns but unexpected benchmarks along the way at this arraignment. >> the judge encouraging trump not to tamper with the jury, that stuck out as well. i also am struck by the sort of normalcy of this judge who has seen countless numbers of january 6 defendants come through this same courtroom, and this is the day that arguably the most important one of them comes ththrough. i think when we talk about the dysfunction of our institutions and how so many things don't work and people really wonder if those in power get held to account, thein notion that the foot t soldiers that preceded h, but here comes allegedly the general in all of this, is something we should really take a moment to process. i think for a lot of people, we never thought this day would come. theld fact that architecture of justice remains the same for the foot soldiers and the president is a testament to our democraticta institutions. >> i want to go to garrett haake. we spoke with ken dilanian. there was a lottery to get into the courtroom. garrett was one of the few reporters who won that and was able to get in there. thank you for being with us. tell us what you saw and what we should understand about the proceeding.ou >> i have been in the courtroom for all three of the arraignments. i'm struck by, in a strange way, how much more comfortable donald trump is getting in these scenarios. i was in the courtroom in new york where the whole time he was tight and tense and kind of glow glowering ahead. in miami, it was less so. in this room, he seemed more comfortable and practiced at this, which is a bizarre thing to say. he was joking with his attorney at the table. he was looking around the room at everyone except jack smith, who made a point -- i think they probably made eye contact right as trump entered the room and thennt after that, smith made a point tot, look at donald trump. donald trump made a point to look everywhere in the room except at jack smith. watching the dynamic between those two men kind of at the center of the drama has fascinating to me.am when donald trump left the room, smith made ahe point to go arou and shake hands, clap the shoulders ofd junior members o his team. he was laughingr and smiling. youan got the sense for smith, this is a home game. for donald trump, this is becoming something he is use to and learning his way around, trying to manipulate it to his political advantage. you could see the difference in how he handled this from one to the next to the next. the other part of about this to me -- you were talking to officers involved in january 6. the judges who have been presiding over the case. there were several judges who have overseen other january 6 related cases in the courtroom watching from thein back of the courtroom. the chief judge here in d.c. was there. amy jackson was watching there case place out. for folks who have lived this for the last 2 1/2 years, including those officers, these judges, so many ofth us in the press corps who lived january 6 and covered it since, this was a moment to see and to witness and to want to be in that room, because it is kind of this key moment in this drama that we have been living for 2 1/2 years, including those judges. >> i know we don't have you for long. i want to ask about one moment when the judge told trump, the most important thing is that he not commit crimes while on release and it's a crime to try to influence a juror. that reads very sternly on paper. what was it like in person? >> it felt stern in the room. i don't know enough about this judge's procedures to know if that's aur warning she gives to every defendant. given the nature of this defendant and the way he talks about witnesses and judges and people who he might feel like are potentially threats to him later, it carries that additional gravity. we have seen how he talked about the judge in the new york case. we have seen the way that he tries to threaten and intimidate using his social media platform oria miss comments in rallies. i wonder how closely that admonition will be monitored and every public statement that he makes going forward. you talked about the very basic nature of what he said at the airport here.t very quick comment. the kind of thing his lawyers are probably happy to see. he has two big speeches friday night and saturday night of this weekend where he o will be on mh longer of a leash. how thatthat ad admonition will be interesting. >> thank you. >> i will say, if you find yourself at the pointy end of the stick, i think that you should take it as a bad sign if at your booking, the other judges come in as spectators. >> to watch you. >> that seems bad. >> i don't think you should get comfortable doing this. >> not something you want to get used to. >> this is his thing now. >> you want to be good at everything. you want to master every task before you. >> it's something that habitual defendants actually do brag about in a bad way. rick ross does say -- >> oh, no. >> walking in the courtroom, sipping on a beverage. i know the judge, so i got a lot of leverage. that's gangster talk. i'm casualan with this. that's thbad. bragging about being a habitual defendant is bad. gettingan convicted, which hasn happened yet would be bad. chris was saying earlier that it was palpable in the arraignment. we did learn things. it was palpable. everyone disagrees on everything in court. the one feeling you got as we were discussing from defense counsel for trump, prosecutors and the magistrate, who is handing it off. only time the magistrate deals with it, this is the big one, everyone knows it. you don't debate evidence in discovery. i know that sounds luke a technical distinction. we were discussing this. if you are trying to cede that for public consumption, because you are so worried -- there will be a discovery evidence hearing. the defense will have plenty of time toav make those arguments. they may get more time. that might be fair. for them to do that at the arraignment tells you how nervous they are. >> that is the big takeaway. people understand the score. everyone understands the score here. this is the big one. the other thing about this admonition -- garrett was careful about -- we don't know if this is part of her pro forma. what ken was saying about the sternness here, if you ever have occasion -- whether asha a lawy or defendant or a loved one or in my case to be to a journalist and go to arraignments, the judges generally -- some are more respectful than others. they don't treat the people before them like presumed innocent. there's a p certain sternness. there's a certain quality generally from the bench on high to the defendant. >>to it's at least not chatty. >> it's not chatty. it varies. sometimes it could be quite intense. there's something about him being spoken to as a recidivist. don't commit a crime. i keep laughing at the line. it's such a funny thing to say at a certain level. surely, that's obvious to everyone. the most important thing is not to commit a crime. i must say it because just looking over your record here, and it y seems like you might b tempted to do that. >> wete are getting close. >> comfortable here. >> i would press pause on this. it's a wild thing to say. >> it felt a little -- it gives you mob boss. donald trump operates like a mob boss. those lines a feel like an admonition. the person has ajojo tendency towards violence or -- in this case, it's true about donald trump. he does operate in a way -- i can't stop thinking about the fact that his two co-defendants in the documents case in florida still work for him. his pac is paying for their attorneys. what could be more intimidating. >> corcoran, a key witness in the mar-a-lago case -- >> he was in the courtroom today. >> he is being retained as counsel. it's bonkers. >> can i say one thing? there's this presumption there's anme epic fight in terms of discovery. a lot of these claims -- defense claims that trump's team is going top' make around attorney/client privilege or executive privilege have been litigated in federal court in and around the january 6 committee hearings. yes, i'm sure they will put up a fight. i would defer to andrew on this. some of this stuff -- they have argued it before. the judges have ruled. >> yeah. you are right. i'm not saying they will win. watch for that clash. we have to wait for what the judge said. they are trying to fight for time. if they can get a judge who is trying to be fair and have this annoying thing we hear about the perception of fairness, what doesne that mean in a qanon wor? a judge might give them extra months. they are running scared for time. it's notca a defense counsel tae that sounds like, i can't wait for you to see we weren't in d.c. that day. they don't have that. >> to the point this isn't happening in a vacuum and the issues about takingac on the judge, takingak on the prosecution, trying to undermine the legal system, he has called the judge in this case presumably the trial judge, he called her unfair. he is coming after the judge. we will see that litigated to a certain extent. to have this witness thing signalled out by magistrate judge, whether or not it's something she does, it brings us back to the january 6 investigation, which had a major issue which put before the american people the issue of whether cassidy hutchinson was interfered wwith. let's bring in tim heaphy. whether we were watching that, we were worried about that part of the proceedings. you described this as a potential pattern to mess with witnesses. in this case, he was admonished not to mess with jurors. i have to ask how that felt would youho knowing what you kn about the investigation at the congressional level. >> i appreciate the question. i had the same reaction. i was recalling some information we got from cassidy hutchinson where she said at some point during her cooperation with the committee sheer got a call from another staffer in the white house who said, just so you know, the big guy is reading transcripts. she was told directly. this was secondhand. president trump was following the progress of our investigation and presumably from defense lawyers from which he or his political action committee paid was accessing investigative material. we had a number of witnesses who did receive third party payment of legal fees. not inappropriate. it raises the question as to whether the duty of loyalty is. cassidy was most dramatic example of that. she fired the trump lawyer because she alleges he told her, they don't know what you don't know. you don't want to go there when it comes to that dust-up in the presidential limousine. of witnesses ot paid for by the save america pac. the legal fees paid for by the trump folks who didn't remember things. other them squarery in ther middle of. >> we have six unindicted, unnamed co-conspirator, none of whom are facing charges in their own right right now. if "the new york times" is correct about the identity of co-conspirator number six, what we would have is a list of six unindicted co-conspirators, all of whom are lawyers. all of whom are not just advisers to president trump, allies to president trump, but people advising him in a legal capacity, almost all of whom in some way or another have referenced or tried to rely upon attorney/client privilege to avoidat turning over evidence o their communication withtu trum. this is a legalistic layer on top of a criminal legal proceeding.le >> yeah. absolutely right. if the defense puts forth reliance on defense of counsel defense,of which we heard about from various lawyers on behalf of the former president, the response will be, it's not a defense to a rely on lies, on legal advise that has no basis. the lawyers themselves were aware when they provided the advice thaty it would not stan up in court. special counsel put in the indictment that john eastman in email and to vice president e pence's lawyer admitted theory that the vice president had the authority to reject slates would not prevprevail. the prosecutor plays offense and defense. puts forth the evidence that establishes the elements of crime. but he is rebutting in advance potential defenses, including reiance on advice of counsel. charge them as conspirators. >> tim, lead investigator for the january 6 investigation, thank you very much. clarifying and helpful to have you with us. muc we will take a quick break. we will speak -- i will say one thing, we areil not seeing masse protests. i think we will talk about this later on.ut trumpte explicitly said in advae of him being indicted anywhere that the country would have protests like the world has never seen before if he were indicted. he explicitly called for people to turn into the streets whenin miami. many both cases he got a proverbial minivan full of people. this time, he didn't ask. there's a dog that didn't bark in terms of how well the country is weathering this test. it's donald trump supporters not turning out in's the streets in the way heee expected, the way predicted and the way he demapped. that has never been more true than this third indictment. more of our coverage ahead. stay with us. i was stuck. unresolved depression symptoms were in my way. i needed more from my antidepressant. vraylar helped give it a lift. adding vraylar to an antidepressant... ...is clinically proven to help relieve overall depression symptoms... ...better than an antidepressant alone. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. report unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, as these may be life-threatening, or uncontrolled muscle movements, which 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in my day, it was scary stories and flashlights. we don't get scared. oh, really? mom can see your search history. that's what i thought. introducing the next generation 10g network. only from xfinity. within the last 90 minutes, we have seen the arraignment of former president donald trump on federal felony charges related to his effort to stay in power in washington after he was voted out by the american people in the 2020 election. a landmark day in u.s. history. no cameras in the courtroom for this arraignment. there were some surprises which we learned about in all but real time as our reporters inside the courtroom and in the overflow room in the courtroom were able to give us effectively text dispatches as to what happened. we did learn during this arraignment to our surprise that the first court hearing related to this case has been scheduled. that will be on august 28th. we heard from the magistrate judge overseeing today's arraignment that she's been in touch with judge tanya chutkan. we learned that she plans to set a trial date, not just a first hearing date, but a date for the trial to start at that first hearing on august 28th. it's very possible and very tempting to read too much into every advance on a day like this. to a lot of observers that suggested judge chutkan is ready to move this case. some legal observers looking at the way the indctment was brought, without a large amount of classified information described, that would have to be part the discovery process, people looking at the indictment suggest it's built for speed. it's supposed to get into the courtroom. it's supposed to be a case that can be brought quickly in terms of how fast it gets to trial. maybe this case will be brought to a conclusion in the courtroom even before the 2024 election. almost all of that will depend on judge tanya chutkan. i want to talk to you. as i understand it, in your career as a federal prosecutor, there was one case in which you were the counsel on the prosecutor on the prosecutor side and judge chutkan was defense counsel. you have experienced her professionally in that way. is that true? >> it is true. back in the day, i tried cases against tanya chutkan. i was trying murder cases. we were adversaries. perhaps i should ask whether i was a worthy adversary. i will say, she was a smart, strong, tactically savvy defense attorney who i can honestly say i enjoyed trying cases against. i promise you, i don't say that about all defense attorneys. together with being a very strong, zealous advocate for her client and very good in front of a jury, she was also completely honorable, honest, trustworthy. i think she always sought to strike a good relationship with opposing counsel, myself included. i happened to run into her today in the cafeteria, which was lovely. she was getting lunch, as was i. we reminisced about whether we would tangle with one another. i had the pleasure of being in her courtroom, watching her preside over criminal cases. i was in the overflow courtroom watching. when the magistrate judge told the parties, mr. prosecutor, you will file a motion in seven days, proposing a trial date, defense, you will file a reply in seven days. then 25 days from now, august 28, judge chutkan will set a trial date. the defense protested, i believe, three types. the magistrate judge was having none of it. i suspect this is a sign of things to come. judge chutkan is going to run a very tight ship. i suspect we are going to see a fair but also fairly speedy trial. >> this is totally unfair, but i'm assuming when you ran into her in the cafeteria, she didn't say anything about the trump case. right? >> she did not. nor would i have expected her to. >> good. i just have to ask. i can't leave that hanging. let me ask you, based on all that you have described, her reputation precedes her. she's seen as a -- an experienced, normal, smart, effective, strong judge. i think that's fair to say. i don't think anybody who might have disagreed with some of her opinions would say anything different. we have already seen defendant trump attack her. already he has attacked her as an unfair judge. that was today. i wonder what your perception is about the kind of spotlight she's going to be under, the kind of heat she's going to take and the kind of presumably rhetorical aim that this defendant and his supports are going to take at her, how you think she will handle that. >> you know, he will are a tore -- rhetorically attack her. would like to think she will be unfazed. it's unfair that a litigant gets away with the kind after tacks donald trump always launches against his perceived enemies. i didn't hear the prosecution raise the possibility of restrictions on the defendant's speech and on his posts. we may get there. there were some admonitions that you better not doing anything that could be perceived as tampering with juries or witnesses. i would like to say she will be unfazed. she's strong. she's tough. she's determined. it really is no the way the criminal justice should be expected to operate with defendants, litigants, hurl this against them. she will move through it. we have a phrase that i'm sure other people have the same phrase, when there's a judge that we appear before who is tough, who is no nonsense, who is determined to hold everybody accountable, the litigants, we say, you know, that judge don't play. judge chutkan don't play. >> former federal prosecutor glenn kirschner. thank you. i want to show my colleagues something i have not seen. ready do something we have never seen before? >> it's like a real -- >> i will say, you have not been to my house in western massachusetts, but this is my art. that is everywhere. i have a courtroom sketch of andrew weissmann. >> people didn't think you were a nerd, they just locked it in now. >> the only thing in my life that's different from what you see when i'm doing is the news is i go fishing. i cuddle up with courtroom sketches. >> i didn't know you could acquire them. >> yeah. >> she's a collector. >> i need some. >> that's it. >> this is the moment where the sketch artist, who is fantastic, where he captured the moment at which trump stood and faced the judge and said not guilty. stephanie ruhle joins us at the table. >> i don't have any courtroom sketches, but i'm here. >> are you asking? >> i would like a photo shoot with andrew weissmann. >> there's going to be some charity auction coming up. we will work that out. let me ask, as we were watching this, there's a lot about an arraignment that's preordained. there were some unexpected things today in terms of the way trump interacted with the judge and the way things look like they will speed ahead. >> the biggest surprise is there's a huge legal day and it's not a huge political day. think about that for a moment. the current republican frontrunner is donald trump in a mountain of legal jeopardy. his party, the party of law and order, is standing by their man. he has got them so boxed in because of the grip he has on the base. this judge had to instruct him, do not speak to witnesses, do not do anything that would appear that you are committing an additional crime. people need to get their head around the fact that this person who most likely will be the republican nominee, and the party seems to be down with it, is charged, is accused with defrauding you, me and every other american. they have a half a dozen other people running for this position. >> i was thinking about the admonition about the jury tampering. it's funny insofar as, were you to say tamper with a jury member, you can't say speech. i can't persuade people. the fact that the judge had to instruct him that that was the case -- that's not okay. the idea of it is, to me it's so perfectly embodying in the indictment, working everyone over. if everyone is around, you can work them over. get me that election official. the jurors, i will work the jurors over. it's perfectly in line with what he is accused of doing in the indictment, to do something like that. >> as you put it the other night, you have free speech even in a bank to say anything except, give me all your money, i have a gun. that's speech, but you are not allowed to say that in a bank. that's a crime. to your point about this being a day in politics, there's one thing that happened in republican primary presidential politics. former vice president mike pence, everybody is expecting we will see on the stand, star witness, he gave remarks to fox news. he put a finer point on it in terms of what trump did. i just want to get your political take on it. we will get -- this is mike pence speaking to fox about trump in a way i have never heard him talk about him before. >> let's be clear on this point. it wasn't just that he asked for a pause. the president specifically asked me and his gaggle of crackpot lawyers asked me to reject votes, which would have resulted in the issue being turned over to the house of representatives and literally chaos would have ensued. i hoped it did not come to this point. i don't know if the government can meet the burden of prove beyond reasonable doubt for criminal charges. the american people deserve to know that president trump and his advisers didn't just ask me to pause. they asked me to reject votes, to return votes. i did my duty that day. >> that's the boldest and most casual we have seen mike pence. perhaps he is realizing, trump's base, who they are still trying to dance with, ain't never voting for mike pence. potentially, he is realizing that. maybe trying this hail mary pass to find old-school republicans. the original republican party, which at this point, doesn't exist. these george bush republicans we talk about, you can't get enough of them for create a big golf outing at this point. it looks like mike pence will try to find them. >> imagine being mike pence. you do this thing that -- >> all the time. >> i understand it. put a little baby powder in your hair. >> he calls me mother. >> this guy runs for president, thinking he is going to be rewarded by at least some part of his party for standing up for the constitution. the opposite happens. he is being shamed. he is being booed. now the indictment comes out. you have to think mike pence maybe, unlike the rest of the feel, maybe he took a glance at it. reliving those pressure -- i don't think it's coincidence that the day after the in -- two days after the indictment, mike pence is like, this wasn't nothing. his initial reaction was more like, i upheld the constitution. let's not talk about this. let's focus on failed biden economics. two days later, when hejuices o injustice, he is speaking the truth. also, under the awareness, that he is going to have to -- >> he can't run away from it. >> let's not forget that one of the most memorable lines in the indictment is, you are too honest. the idea of speech to your point, chris, what proves that donald trump really didn't believe he won the election, is the thing ez did. you don't need fake electors. you don't need to create a scheme to flip the election if you really actually think you won. there's line that says, we will let the next guy handle it. busted again. he allegedly said to mr. clark, who he wanted to be the ag -- he and clark were saying to other justice department officials, just say there was fraud and let the republicans take care of it. he is actually using speech as well. in some cases there are things in quotes, which apparently they cannot do unless they are from tapes or from notes in which donald trump is admitting, i didn't win, but i need to fake it. lindsey graham and ted cruz attacked judge chutkan. they voted to confirm her and are claiming she has bias and hates trump. you agreed with all the other republicans in the senate, she was okay. >> where does lindsey graham want the trial moved to? west virginia. >> move it to where they have the most friends. that's in the constitution. let's bring in the democratic congresswoman from california, it's a pleasure to have you here. thank you. >> happy to be here. >> this arraignment today has a lot of elements of it that we could see coming that are the part and parcel of any booking. for any federal defendant. we have seen some news here with the magistrate judge and the district court judge apparently planning to move things -- talking together, coordinating, planning to move things quickly. we have a first hearing day, august 28. we are told a trial date will be set on that hearing date. i have to ask, just for your reflections on today. >> i think that's important. we had a few items before this judge in terms of getting evidence and the like. we prevailed. more importantly, she acted promptly. she doesn't mess around. i think it's encouraging that she's going to control her courtroom, she's going to set a date. we will have a trial. we will find out what a jury decides. i think that's good news for america to find out what the outcome of this will be. hopefully, pretty soon. >> so much of the indictment read like a version of your own investigatory report. there was a lot of overlapping evidence. there was some new things. some things further developed by the justice department's investigation. i wondered about the distance -- there was some distance between the actual charges brought against trump and the charges you and your committee recommended should be brought against trump based on the evidence as you saw it. measure. and i think mr. smith obviously didn't follow our advice there, but i'm perfectly satisfied with the actions that he's taken, and i know that the other members of the committee are as well. the essential elements, which was he tried to overturn the election, is ovencompassed by t charges that are in the indictment. and i think that's the important element. reading through the indictment, it's really the narrative that the committee outlined. there are a few things, you're correct, we weren't able to interview vice president pence. i wasde stunned by his testimon trump telling him, you're too honest. i think that says a'rto couple things. one, that he was being honest. but two, trump was being dishonest and needed the vice president to join him in that. so i think the trial will be held promptly. there will be evidence that we developce but also some new things. and by the way, i was listening to the critique of the former vice president's statements today. you know, i served with mike pence. i haven'tith talked to him in while -- actually, since the january 6th when i was one of the tellers. he's going to testify pretty obviously. and he's going to testify truthfully, and he might as well say publicly now what he's going to be saying in that courtroom. there's no downside to that. >> congresswoman, it's alex wagner. speaking of mike pence, one of the most quietly, for me at least, explosive elements of thisve indictment was the fact that he wasnd taking contemporaneous notes. did the january 6th committee know about these notes? and what are you most interested in as it concerns this apparently detailed time line that was written down in realtime around the unfolding of events around january 6th? >> well, i did not know about those notes, and i don't think any of the investigators or other members knew. we talked to his counsel. we talked to his chief of staff. we didn't get that information from them. for all i know, they didn't know it. that he did that is going to be very important in terms of his testimony. there were a lot of things that we're interested in -- the bullying that then president trump did to try and get him to overturn the election, to reject the votes. we never really found out the details of the conversation between him and trump the morning of the sixth. vice president was with his staff and wentsi upstairs to th residence to take the call. i'mth interested in that. but clearly there was a lengthy efforta on the part of trump t try and get the vice president to reject his oath and to overturn the election, and he just refused to do it, so his credit. >> congresswoman zoe lofgren, a key member of the january 6th investigation in congress. congresswoman, thank you for being with us today. it's a historic day. we appreciate it. all right, our special coverage of the arraignment of former president trump continues. stay with us. ues. stay with us how's the chicken? the prawns are delicious. oh, i have a shellfish allergy. one prawn. very good. did i say chicken wrong? tired of people not listening to what you want? it's truffle season! ah that's okay... never enough truffles. how much are they? it's a lot. oh okay - i'm good, that - it's like a priceless piece of art. enjoy. or when they sell you what they want? yeah. the more we understand you, the better we can help you. that's what u.s. bank is for. huge relief. yeah... ♪ there are some people who say that there are already now three indictments against the former president. they argue that even if there were crimes committed here in fulton county, a fourth indictment isn't worth all the work that would come with it. to people who say that, what would you say? >> that i took an oath and the oath requires that i follow the law, that if someone broke the law in fulton county, georgia, that i have a duty to prosecute, and that's exactly what i plan to do. >> earlier this hour, glen kirschnor said there's a term of art prosecutors use when they're going against a judge that gets stuff done and cannot be intimidated. what was the phrase he used? >> i don't play. >> that was an example of a district attorney saying i don't play. fani willis in georgia has by all accounts brought her investigation in the state of georgia to a close, and we are waiting any day now for potentially indictments to be announced in conjunction with that investigation. i think there's a widespread expectation those will include charges against trump in that district, too, and that will bring it to four. >> it should. where we start is i think where we finish. donald trump's crime was a left the, an armed robbery against all of us voters in saying, your votes no longer count. i decide who's president. in the state of georgia, in this indictment, ruby freeman and shay moss are called out, the attacks on them. there were specific victims in the state of georgia. >> election workers, yeah. >> the fake elector scheme, half have been offered immunity agreements. there was a specific crime committed against georgia voters. it is her obligation as an elected official, elected to carry out the laws of the state of georgia, and it really isn't related to what happens in d.c. she does have a fiduciary duty to go forward. >> i think there's the cold hard reality that people are worried about a federal case if this person is going to potentially be the next president of the united states. everyone if you're not thinking about that as fani willis, i think there are a lot of people around her that say -- >> what about kemp? kemp thinking pardon? >> there's the issue of the georgia governor pardoning, but even more bluntly, georgia republicans and the state legislature and brian kemp just passed a new law in georgia that allows, effectively, the republican-controlled state legislature to remove prosecutors under -- whenever they feel like it if that prosecutor does something they don't like. and they went to great pains to say, oh, we're not talking about fani willis. it's other people who don't prosecute enough muggings. georgia republicans are threatening, essentially, to remove willis, as she moves against trump any day now on that additional case as well. ay, ay, ay. our special coverage of donald trump's third and counting arraignment continues now on "the beat" with our friend ari melber. hello, again, ari. >> hello, again, rachelle it was really something to sit and watch you realtime take us through this. this was a historic day, and so thank you for that, and good to be with you. >> couldn't do it without you my friend. good luck. >> thank you. our this can to rachel and the whole team. our special coverage of this arraignment of donald trump continues on this edition of "the beat." we have new details on what just happened in federal court and what was different about this arraignment. there were specific things we just learned. as we have been discussing with rachel and our colleagues. there's also news on what kind of trial clash we are going to see. we learned the next hearing date. we learned signals on the legal fight to come.

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Transcripts For MSNBCW The 20240704 : Comparemela.com

Transcripts For MSNBCW The 20240704

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florida. now a magistrate judge would have to him to enter his plea at its root what the arraignment is it something fundamental to the rule of law and our constitutional system. you are given a right to hear the nature of the charges against you. the other thing that happens if they decide the conditions of your release. trump is not expected to be put in jail ahead of this trial, but there will be discussion of the terms under which he is released on his own recognizance. that happens in his federal indictment in florida and we expect that will happen again today. that part of the process is somewhat unpredictable. you never know exactly what the judge will want to talk about. we will know about it as soon as we are allowed to. as we said, cameras are not allowed. we will have no live feed as it happens. nbc is lucky enough that our reporter is one of the few reporters who have been given a seat in the actual courtroom. we will talk with garrett once it is over. we will also get dispatches from the courtroom as the arraignment gets underway. we will bring all of that as soon as we get that news. again, it is now 4:01 on the east coast. that means per the federal court schedule we expect trump's arraignment is underway. as we watch these things unfolding it is interesting, i was thinking about trump's first arraignment this spring, which was in new york. in that situation we thought there was a possibility we would not be trump at all. he may sure that he got out and showed himself to the crowd and waved, later making remarks. today logistically there is no reason why we should see him bodily in and around the courthouse. they can break him in out without any exposure to public facing spaces. does he have the choice to do otherwise? >> he is under the custody of the federal government through the arrest and arraignment process, but he have come voluntarily. that affords them the right to come in as he pleases. we expect bail conditions to be set with his freedom. we have seen donald trump repeatedly the rotted five try to turn think that everyone, uniformly, forget party or partisanship being seen as bad things and try to turn them into spectacles. the other point that i would raise, and you walked us through this indictment a couple of days ago. everything that you said stands. this is a very serious set of provable and evidence by charges about more than one conspiracy over more than one month of time. it is not i say something and i didn't mean it. there is a very organized plot. what we see today that we have never seen before, it is familiar for viewers and people around the world. what is new and for the first time today is because this is about the coup conspiracy this is the first time donald trump has been taken into custody by the government he tried to overthrow. that is a physical activity that is occurring and it is a serious thing. we have seen it in other countries. it is happening here today and it can happen here. a lot of law-enforcement experts say it is a good thing the rule of law is being upheld. it doesn't preclude the fact that the defendant has rights. >> i was thinking about this today in 30,000 foot terms. there is a way to see this is good news, just because trump is not in belarus. he didn't turn up in riyadh this morning. when he got arraigned in florida they had the option to take away his passport. he has voluntarily submitted his stuff. i do not think that was a given. with his first arraignment in march you might remember ron desantis came out instead florida will not assist. he did not get called on that. he didn't have to show whether he was going to put his money where his mouth is. that was in a given when the process started. >> it is a good point. we have been through three of these. it's a bizarre thing. >> the third episode up the trouble gets arrested show. >> he is submitting himself to the custody of the government he tried to overthrow. he's doing it physically in the location where the crime was committed. the sixth amendment which lays out the right of the criminal defendant. the fifth says you have the right to a trial by the jury of your peers in the district where the crime was committed as ascertained by the government before him. he is blocks away from where the crime was committed, where the plot was hatched, where the plot took place, where the ultimate culmination happened on january 6. as he whines about the venue, which has been his defenders, his lawyers and himself, nothing is more sort of perfectly opposite then to have him in that courthouse, in that terrain today. >> and the latest just moments ago, the report we got from the courtroom is the magistrate judge who is going to oversee the arraignment is not yet in the courtroom. that means donald trump and jack smith are sitting less than 10 feet apart waiting for this thing to get going. to chris's point, trump and his lawyers arguments arguing that this shouldn't be the case where the case is hurt but it's up to the idea. >> there is something eerie about the fact that he is so close to the place where his supporters tried to overthrow the government in order to keep in power. not only is jack smith in that room, three of the officers who were injured and victimized by him including one who has lost his career because of the injuries that he suffered at the hands of trump's people. i have to say i have been thinking about whether or not it is solemn for me. i have to be honest, maybe i am alone on this, it isn't solemn for me. when i think about what donald trump did i think about when he did it. it was two years ago. >> that they will follow him. >> exactly where the arrogance of the people who felt that they just didn't like the outcome, you know. i'm going to try to believe people. i don't believe him when he says he think that he won. the only reason as a pretext to feel the election. he said it over and over because he was told he did it by barr and all sorts of other people. so the arrogance of people who went to that capital, that citadel of american democracy and said not only can i take a number two all over the floor of this building, literally, not only can i beat police officers, i'm going to live stream it. i am going to put it on my socials. i am so arrogant that you cannot choose who is the president. i choose who is the president, we choose. the oath keepers and problem with were sitting in prison were waiting for the insurrection act to be used. they had the arrogance to believe they choose who with the president. they will commit violence and wait for donald trump to call out the militia, them, in order to install himself in power. the arrogance of donald trump and his people to say we don't have even the right to vote and have our boats respected at all. they choose who is the president. it is their decision. if we don't like it, too bad. we're going to call the military on you. i think that it is really late and it is not fallen for me. this is finally the first time i feel donald trump is being treated like a normal american. >> can i ask what the not solemn billing is? doesn't have a name? >> is schadenfreude appropriate? >> it's a noun, but i got it. >> i agree with you completely and i feel invigorated. i don't the static, but i do feel again, the water is wet. gravity exists. we saw him commit the crime. this is a man who should have to face the jury with all the due process afforded, a trial by his peers. he should have to submit to the custody of the government he tried to overthrow. he should have to be humble with all the constitutional protections that he tried to deny to us and everyone else. this is the system working. rachel, you made the poor before and i kept thinking about it. it is true that we have never done this to a president, but it's also not true that we haven't done this to elected leaders. there have been governors and lieutenant governors. if you came up in the city of chicago like i did every other week. it was like a day ending in "y." so it's like yes, the gravity of the crime is historic and i think i'm parallel, but the system functioning in this way with this sort of routine is that is today is a sign of some sort of democratic resilience. a resilience to liberal democracy that i find fortifying. >> after those people attacked our capital they went to their hotels,, planes and went home. it was in some cases a year before even they, because they supported him, got to face justice. he also went home. they committed this crime on television and then went home like they did into anything wrong and posted it on their socials as if they had a right. these people do not respect our democracy. they don't respect us. donald trump has never respected this country. he said the country was trash and garbage and now he wants to lead it again? tens of millions of people think that he should. >> there is a legal version of what each of you are diagnosing, we keep using the word crime. why? we are journalists and very careful in advance of a trial to talk about the process playing out, but there were many crimes that occurred in plain sight and they have now been convicted. there was a sedition that day. now there is a trial and a question before the jury will be where these conspiracies advancing or benefiting from those crimes? if you take a case like enron, before the verdict there was the question of what this business or a financial fraud? the trial resolved that. the supreme court came in. >> interesting foreshadowing as to what may happen here. >> we have time to get to that. here on arraignment day those crimes have been convicted. everyone may have known or seen someone who say otherwise. people say a lot of things. it is a public legal fact that there was battery against the police. blue lives did not matter that day to those people. there was a sedition. what trump is being arraigned for right now is three conspiracies. he can go to prison for any one of them. jack smith defined three conspiracies that he says were in service of planning some of that and then one of them benefiting from it. to be clear as to why this arraignment is bad news and why it's a tough case is even if the jury says i don't think he planned or intended violence, he can still be convicted on the two other conspiracies. >> to joyce point, a couple points, if you sent to donald trump begin a sentence with the words i respect and finish it, he couldn't. there is nothing that could follow that verb in the trump mentality. to what is at issue here, the very first crime listed at the top of the indictment was a conspiracy to defraud the united states. it means it was a conspiracy to defraud everyone at the table, everyone watching, every voter in america, every resident of the country, even if you didn't have the right to vote. the country is supposed to be governed by the decisions of the voters. this was a conspiracy to defraud the united states of the voters decisions. you have a right to be on the winning side of the vote when you are on the winning side of the boat. you have a right as i have for most of my life to be on the losing side of the vote. that is where you are. that is what you're right got you, on the losing side. no one has the legal power to change your position in relationship to the voting outcome. that is what the case is about. >> i apologize to you guys that i keep looking down and clicking refresh. there is something that is a little unexpected going on. it is probably nothing, but it is 14 minutes past the hour. as far as we know the judge who is supposed to be overseeing the arraignment is still not in the courtroom. you know, courts are not a swiss watch. things do not always go according to plan. there have been a few interesting logistical corrections. this magistrate judge usually have a specific room that she operates out of in a specific part of the courthouse. instead it is due to be held in the chief justice courtroom, a whole different wing of the courthouse. that is for logistical reasons so they can stream information. it is a 4:15:00. while i have been saying this for judge has just entered. all rise just happen. we are about one quarter hour behind schedule. donald trump has been reading a document that has been put in front of him and has been asking his attorney something about the document. it appears he has taken great interest in the documents in front of him. the magistrate judge has just entered. >> i started to get stressed out just imagining being locked out of some hallway or something. it's like a living stress or the most important arraignment of your life. >> they have to go through this incredibly tight choreography. they had a plea deal where he would resign from the vice presidency and have a sporty count of indictment reduced to one plea. it was this whole thing, but he had to resign immediately and he was two minute late into the courtroom. all of the prosecutors in of the defense attorneys almost died from the stress of that going that way. for this to be 15 minutes late in dc federal court is a little bit of a minor heart event. >> we are 48 hours into this case. we have had this indictment for 48 hours. what have we learned about the trump defense? there are options. one of the lawyers have gone on television. there is not a single thing that a trial lawyer has said that has stood up for 30 seconds. they are saying he has a first amendment right to say whatever he wants. that has been knocked down pretty easily. there is the advice of counsel argument. when the guy you are saying you took your advice from is a co- conspirator in the indictment, good luck with that. by the way, you, donald trump, would have to get on the witness stand and convince the jury under oath of that. we haven't heard anything that sounds like it could work in the courtroom. i asked andrew wiseman the first night with this indictment, can you see a defense? it is his job as a prosecutor. he could not find a defense in the courtroom for this case. all you can do with yell about legalities, but there have been no other developments in the 48 hours, including from the guy why identified on the first night as the star witness, mike pence. he is putting more detail on his testimony on the campaign trail. it sounds like he's going to keep doing that. he said the first time i heard in early december someone suggested as vice president i might be able to decide which votes to reject and accept, i knew that it was false. that is not in the indictment. that is new information. remember the mike pence wouldn't dare speak about this publicly because i must not ever violate my conversations with the president? here he is telling you everything now. that testimony from that star witness has only made the case worse in these 48 hours. >> let me interject. again, we cannot have cameras but we do have a live readout of what is happening. the judge entered the courtroom , all rise. trump rises. the magistrate judge entered a hearing gets underway. the clerk court call the case united states of america versus donald j trump. you should know the special counsel if there in person. there are both prosecutors they are and also the president defense counsel. one of the president defense lawyers analysis the president trump is present, when the judge treats him she does not call in president. she says good afternoon mr. trump. the judge has reminded everyone of the rules about photographing and taking tape, which were not allowed to do. you are not allowed to video or take photos of out of the room. she says violations may result in sanctions and that applies to anyone even in the overflow and not just those in the actual courtroom. trump stands with his right hand up, presumably to be sworn in as the defendant and ultimately to enter his plea. andrew wiseman is with us. what should we understand about this process and wasn't right for us to get nervous? >> i just wanted to give you some insight into what the document was and why there could be some delay. it is standard procedure for a group of people that deal with pretrial services. every defendant, there is a pretrial services report issued. even though this defendant, like many defendants, are released, pretrial services writes a report about the defendant and makes suggestions to the judge about what the conditions of release should be. the later the defendant shows up in court the more there is a reason for delay. they have to interview the person, write the report and give it to the judge. my guess is if he is looking at a piece of paper that they have not seen before, that is what the government gets, that is what the defense gets. they look at it, and the judge will want to look at the proposed conditions. in the mar-a-lago case the magistrate judge did impose additional conditions of relief that the government had not asked for. the magistrate wanted to make sure donald trump was being treated like everybody else. it will be interesting to see what the judge does here. the other day i will be listening for is whether the judge has a date on the assigned district judge asked to when everyone is supposed to appear in front of her. >> andrew, let me tell you what we have in terms of a readout. the judge says we are here by way of summons. what does that mean? >> you can get an arrest warrant, the marshals or the fbi can go out and arrest somebody. a summons is a piece of paper that says dear rachel maddow, you need to show up on this day. it requires you to show up. if you don't, then people can go out and arrest you. and is a lesser form when you know the person is likely to comply with that request. and i will put that in air quotes. >> and this is the readout according to the reports reckoning from reporters inside of the courtroom. after saying we are here by way of summons, the judge then addressed mr. trump, as she put it, saying essentially i'm going to give you a general roadmap of how this is going to go. you have rights in connection with this case. today i will write you and then i will consider any requests or petition for relief, then we will does -- discuss the next steps. if you have questions after counsel and i will give you anytime you need to concur. the judge then asked him to state his full name. he stood up to do so, but didn't need to and said that his name was donald john trump. he was asked his name and he said 77. things then proceed. in terms of the or how this goes, obviously the judge is now going to go through the counts. she's going to tell him the potential prison time he is facing with each one of those. and then he has to enter an individual plea for each of the counts, correct? >> correct. usually the judge will ask do you wave reading of the charges? usually the lawyer will say yes. they don't want to be there for a couple of hours while she reads everything. that is pretty standard. a plea will be entered and can be entered by the lawyer for the defendant. off in the defendant himself or herself one that plea. forgive me in terms of this being choppy. this is me giving you the readout in real time. the judge is going through the counts one by one. count one in the indictment is conspiracy to defraud the united states. if convicted he could be imprisoned for a period of not longer than five years. count two is conspiracy to obstruct a official proceeding. she then tells donald trump if convicted of count two he could be in prison for 20 years. then she gets the count three, the penalty not more than 20 years and then she says count four, conspiracy against rights, a penalty of not more than 10 years. then the judge, per our reporters says as i mentioned, you do have certain rights during this proceeding. you have the right to remain silent. anything you do say to a law enforcement officer can be used against you in this proceeding or any future proceeding. do you understand that, sir? >> yes, he said. you have the right to an attorney. yes he says to that asked if he has retained counsel. now, the judge then tells the prosecutors to produce evidence to the defense counsel. she says not doing so in a timely manner may result in sanctions against the government. the prosecutor says he understands. and now trump as of 4:20 3 pm is officially being arraigned. trump stands and faces the judge. an arraignment official proceeding, but extremely important, she tells him. excuse me, and then the defense counsel says yes, your honor, he has when asked whether or not trump has received the indictment. and now as a 4:20 4 pm today august 3, 2023 former president donald trump has issued his plea. he is standing facing the judge and says not guilty. that is to the first charge that he was asked about. we will pursue he is -- well, it is confirmed. as of 4:20 5 pm he has pled not guilty to all counts. there are other substantive matters that will happen. we will be interested to see the discussion that happens around the conditions of release. the meat of this matter has now taken place. former president donald trump has been confronted formally with the charges against him. he has had his rights explained to him including the right to remain silent, which for anybody who has ever watched a cop show land like a ton of bricks. he has been advised of his rights and the charges that are pending against him and he has entered his plea of not guilty on all charges. it's just a moment. >> it is amazing. donald trump has lived 77 rarefied years in which he has not paid taxes, not follow the law in any appreciable way. he came in as president and profited off the presidency openly. he hired his son-in-law and his daughter. he flouted the rules, which is one of the reasons people like him. he seems to sort of band-aid the rules that ordinary americans have to follow. it has to be a humbling day for donald trump to finally face justice, particularly their in washington dc. they oppose sending you for many reasons. the demographics are interesting. i believe this magistrate judge if a woman of color. the judge that he will be facing in the trial, a jamaican war woman of color. he seems to be facing demographic reality, legal reality, and situational reality. he is not president trump the way that he pretends to be when he is on the campaign trail. he is just donald trump. that is what we intend our presidents to become again. after you are president you are not president trump anymore, you are just donald trump. today he is just donald trump. >> i'm going to add just to point to what we got out of the arraignment. you mentioned what we know as the miranda warning, the supreme court decision, but it doesn't matter who gives that out. we are accustomed to it being police on television because that is your first contact with the law. as rachel with planning earlier, go ahead did you have something? >> sorry, we are also tracking what we are getting out of the court. i thought you might have something. the judge is doing what we oftentimes the officers to. -- do. the government, jack smith's office is being told to turn over discovery. by a be a much faster process than the classified documents case because there is much less that we would expect one of those classification rules. that means very soon donald trump steam will be getting the discovery, evidence of hurtful and any materials that might be helpful. we can see leaks or sharing that out of his office. i think it's going to be a pass and more informative process because there are not the classification rules. the judge signaling that starts now. >> let me give you further updates. the prosecutor, mr. windham says the defendant must not communicate about the facts of this case to any individual known to be a witness except through counsel or in the presence of counsel. so i went to ask you about that. the judge then underscores that a moment later. the judge then talks about the conditions of release and addresses trump directly saying to trump at 4:20 6 pm, you have heard your conditions of release. it is important you comply. you may be held pending trial in this case if you violate conditions of release. again, that is the judge speaking directly to donald trump. when she thing you may be held she is saying you may be imprisoned if you do not comply with the conditions of your release which we are spelling out at his arraignment. the judge then tells trump as characterized by our reported that the most important condition of release is that he not commit a crime while he is released. the judge says it is a crime to try to implement that your. do you understand these warnings and consequences, sir? trump nods yes. he nods. he's also described as seated a bit slouch looking at the judge. the judge then presents to trump a document which is the written version of his conditions of release. trump signed the paper. his defense counsel are described as looking intently on. trump looks at the document that he signed and at this point he is standing. again, this is a very live coverage being reported by our reporters who are inside the courthouse. they are not able to record or take photographs of orange tape what is happening. we are essentially getting a lot of readout. as of 4:30 1 pm the judge is still there and the proceedings are still underway. the judge is described as sitting silently reading something and now she's signing something. it is unclear if it's the same document the truck just fine. andrew wiseman is they are describing the conditions of release. the judge is giving eerily stark warnings about violating the conditions. the note that we have from the prosecutor, the defendant must not communicate about the facts of the case to any individual known to be a witness except counsel or in the presence of counsel. instead map exactly what he was told in his florida arraignment or is that different the phrase? >> that maps with what the magistrate judge insisted on in florida. the juror piece is not something that we heard in connection with the florida case. i am not surprised given the dc court. remember, let's leave aside that this is the former president of the united states for a moment. we have a defendant who was charged with two separate types of obstruction in florida. he is now charged with four types of obstruction here. what the judge overseeing this fees is somewhat with six types of obstruction of justice and is saying if you are going to talk to a witness it has to be in the presence of counsel. if you are going to communicate in any way with a juror or try to interfere with a juror that is a crime. not at all surprising. remember, this is the courthouse where paul manafort violated that position and went to jail. it is the courthouse where roger stone threatened a federal judge and posted a picture of her with crosshairs next to her leading to severe sanctions and restrictions on his ability to communicate. it is not surprising to me if you just treat him anyone else that you have that much obstruction and you are going to have these kinds of warnings being given. >> the judge, per our reporters at the courthouse, tells trump you've heard the conditions of release. it is important you comply. you may be held pending trial in this case if you violate the conditions. the judge then says the most important condition is that you not commit a crime while you are release and then the judge that one moment later or excuse me, two minutes later it is a crime to try to influence a juror. while that is obviously true and something those of us with only legal experience is watching tv, to have that or have the former president bluntly warned while he is being threatened with jail if he doesn't comply is a stark being. now, what is happening as of right now, it is for:30 4 pm on the east coast is that they are talking about when the first hearing in this case will happen. not before the magistrate judge happening -- handling today's proceedings but before judge tanya chutkan. now, the magistrate judge says she has consulted with the district judge, with judge tanya chutkan about setting that first date . they are talking about a number of dates for later this month. this'll be the first trial date in august, if they agree to it. those negotiations are happening right now according to our reporters. interestingly the magistrate judge says to defend trump today that the trial judge is willing to waive your appearance if you so wish at the first hearing. obviously that is at the judge's discretion as to whether or not to do that. that makes it presumably much easier for the council on both sides to come to a date they can agree to because they do not need to plan it around trump schedule and the security and secret service around his schedule either. as i mentioned, they are talking about three different dates toward the end of the month. the defense counsel asked for the latest of the three dates, the prosecutor asked for the earliest. the decision as to whether or not or which date will be agreed upon, there's only a week or so between them and it will happen here presumably under negotiation in open court if not, i suppose it's possible the magistrate judge will put it off and have the two agree outside of the courtroom today. my sense with the way this is going instead they are going to try to decide right here, right now. laura who was one of trump's defense counsels says there is a massive amount of discovery. obviously this is part of the argument that it should be the later date, in order to have the understanding of the trial is the understanding of electronic data, the amount of hard copy documents, but most importantly the degree there is exculpatory evidence on behalf of the president. there is no question in our mind that he is entitled to a fair and just trial. let me just confirm with the control room. i'm not saying this in writing but i'm hearing you say they have agreed on a date. are you sure? august 28 at 10:00 a.m. they were discussing three different dates all before the end of the month. august 28 the later of the three. that is what the defense counsel asked for. there is only about one week as we the various dates. every minute count for this point in terms of when this proceeding gets underway and how fast it most. >> august 28 is what everyone will be looking at. a meeting where the actual judge will preside. we would expect from there to discuss the trial date. the other interesting thing that we are hearing that reflect we were talking about earlier is discovery. when you hear evidence just think evidence, the piles of stuff. they are going to be clashing over evidence a lot. the trump weir strategy is not great confidence like bring it on, we are confident we are going to be acquitted. it is something else. it is this is complex, we need time and we need time with all the evidence. we are seeing our reporter mentioned the trump lawyer is saying something to the effect of there is a massive amount of discovery and we need time for that. jack smith team has been responding confidently, we are ready and we will give it all over to you and have at it. again, we talked about what is different in the magnitude of the case and this being the first time trump has been arraigned for charges related to his conduct as president, which the doj maintains of criminal conduct. the next phase, and i expect this to be what we talk about weeks if an evidence class and the trump lawyers making the argument and they are totally entitled to be heard. it's been 2 1/2 years. they need time to look at the length of the dates. and they are going to be pushing i would expect in the august 28 hearing to say the trial has to be a long time away. >> on that point one last update from one minute ago. what is the magistrate judge just tanya chutkan doesn't have to set a trial date at that hearing. is that what you're going to last? >> yes. it is a strange situation we find ourselves in. it's like the pitch clock in baseball. baseball. we all know what it is. everyone understands the entire legal strategy has been to declare earlier than normal you would declare so as to shield yourself in this probe of lyrical persecution. clearly to try to kick the can down the road as far as you can so that you can win the presidency for being sentence. preferably in this case probably convicted. so much is going to depend on the judge in this case, judge tanya chutkan. i would love it and you can tell me this. is something that i've been thinking about. my understanding of this, judges have a lot of discretion on timing and there are not a ton of routes to delay or second-guess their timing decisions for a trial. is that a fair characterization? >> that is totally fair. enormous amount of discretion. in other words the defense being able to take an appeal to delay things. it is interesting to me that the magistrate today, i was expecting she was say this is the date or dates you need to come back. i was not expecting her to say there is going to be a trial date set at that time. i think we should all anticipate between now and then we are going to get chapter and verse from the government about all of the discovery they have turned over. if they want a fast date they are going to be turning over everything. i also expect they will be pointing out how much is really new? what was turned over by the january 6th committee that the defendant has had for months and months versus what is new ? to try to make sure the judge understands the burden on this defendant in particular is not that great. they are going to be making every argument as to why even though there will be a massive amount of discovery, it won't be classified, but there will be a classified massive amount. the judge is going to make sure donald trump has a fair opportunity to prepare a defense consistent with the rule of law. i do expect there will be a trial set by her before the general election. >> donald trump knows all love the most important and damning evidence in the case because he said it. there is no mystery for donald trump. every bad fee that can get him convicted came out of his mouth. that is not something he's going to have to discover when he reads notes of what he sent to mike pence. >> let me give you a few updates. all discussion on the topic you guys are describing. this first hearing date set for august 28. according to the magistrate judge, judge chutkan will set a trial date at that first hearing. then they start fighting about the amount of discovery and the pace in which it will be produced. the prosecutor says the government is prepared as is a protective order is issued to present a substantial amount of recovery, including things they are not required to turn over. the prosecutor then says the case will benefit from order including a speedy trial. the defense counsel says there is a massive amount of discovery. i would respectfully request the government give us within 2- 3 days. the defense counsel again reiterates we want at least an understanding of the magnitude of discovery in this case. the government has been ordered to file a submission in seven days, estimating their schedule for when a trial should be set. the defense will then have five days to respond. then the defense counsel, i don't know what this means. andrew, tell me, the defense says we are going to file papers to exclude time to next hearing and beyond. what does that mean? >> there is something called the speedy trial clock. the public has a right to have a trial within 70 days. there are lots of exceptions in reference to an exclusion. it is saying that is a way for donald trump to say don't hold us to that 70 days. give us more time and you exclude the clock of 70 days. remember, the speedy trial clock is the right the public has to a speedy trial. it is not a right that is exclusive to the government or defendant. >> the defense counsels for the government to suggest this case can be tried in the time frame of the speedy trial act is absurd. these are weighty issues. the united states has had three and half years to investigate. all we would ask is the fair amount of time to defend our client. that is our last dispatch in terms of conversation between the various parties in this proceeding. the judge leave the courtroom. trump leaves the same way he walked in. this concludes as of just under two minutes ago this proceeding. part of the way we know that if they cut the feed to the overflow room. anything still happening will only be heard by those who are there. >> we got more information because of the nature of it and the nature of the defendant. his lawyers taught more than you might at a standard booking. i think the news we are getting if this is the first time we have seen a record in court. it is actually a right that the defendant technically has to a speedy trial, if you want one. >> we all have the right to have a speedy trial. >> the trump lawyer is basically waiting that right officially. they want us to take more time. they are basically saying we want more time and not mess. not only that, the trump lawyers are arguing for jack smith and the government to seize on this is essentially unfair. the second point that i want to make, and i say this carefully, i think lawrence o'donnell is right. i think the trump lawyer is right. let me explain. lawrence o'donnell is absolutely right that the bulk of these three conspiracies that are defined allegedly come from donald trump. so either he did or he didn't. he and his team knows what he did. if he didn't do things then he knows what his defense is. this is that kind of case. i think trump's lawyer is also right that they have the afford it right to get everything and they need time with it, because it was a sprawling grand jury probe. meaning, if a bunch of other people talked to the government or as trump put it ratted on him, those are voluminous interviews. they want time to go through all of that. it is a case in all fairness were both things are true. having said that i'm not familiar with any precedent you punt the trial for 2 years. >> i never have the occasion of thing trump's lawyer is right when he says doing it in 70 days would be absurd. in that respect everyone understands is going to take longer. what is also so striking about these exchanges is man does everyone understand the score. if not even subtext. it is tax. this is the big one. this thing is built for speed. there are no co-conspirators. plus you have the other case that has added to perceiving indictments in other co- conspirator. this is the most important in terms of what he is accused of. this is built to be done before the election and they do not want to die before the election, the government sure does. the judge is going to decide. all of that is just short of being skated explicitly. >> let's bring in kim delaney. the reason it's so important to go to him right now if he was in the overflow room and able to watch. what should we understand about what just happened? >> i was also in the overflow room down in miami. i have to say this was a much more intense experience all the way around. the magistrate in miami was very chatty. it had a different feeling. trump never said a word. this magistrate was extremely stern and all business. she asked a series of standard questions including state his name and his age. she played a by the book like any other first appearance at an arraignment including issuing a series of conditions for release, one being that he not commit any crimes. another that he show up as directed and there will be an appearance bond. i know you guys don't play the blow-by-blow, but that is the color. it was very intense. it was very businesslike. the courtroom was packed to capacity. there was not a smiling face. it was a stern kind of situation. i did observe the special counsel who was sitting in the first row behind his team, as mr. trump walked in, i noticed jack smith did not look in his direction. i'm not sure, down in miami a lot of people notice he seemed to be staring at times. he seemed to have made a point to not look. as mr. trump walked in he probably was the only person not looking at that time. he did look at him later. late really emerged is the stark -- this is not surprising. the stark disparity between the sides on timing. the government wants to get this case to trial. the government iso vowing a speedy trial. trump's lawyer, john lauro, started pushing back. we need to know discovery. we need to know the scope of the documents. we want to waive the speedy trial act. even the date of the next hearing, when they were offering three dates, mr. trump's lawyers picked the further out and the special counsel wanted the nearest one. the judge went with august 28, the next hearing, the furthest out that was offered. she has to respect scheduling of defense counsel.ul that underscores what we will be facing in this case while donald trump is dealing with three separate criminal trials unfolding. there's going to be scheduling issues. he is going to want to delay in all of them. the prosecutors are going to want toor push forward. >> waken, let me ask you about moment that we just recounted to our viewers as we got it from the team who was able to observe it live. things are happening with time stamps on them. at 4:26, the judge said, you heard your conditions of lease. you may be held pending trial in this case if you violate the conditions of release. the judge says, the most important condition of release is that you not commit a crime while you are released. the very next thing that we have from you, the next report of her talking to him is, it is a crime to influence a juror. can you tell us about that moment? fill in somes of the blanks an talk to us about the sequence of admonishments from the judge. >> my understanding is this is standard. every defendant gets these instructions. it seems to have special meaning when we are talking about former president trump who has shown compunction to go after judges and say mean things about potential witnesses in cases. that line really resonated. there was no admonishment about anything that he would say about the prosecution team or the judge, which i thought was interesting. no order along those lines. no commentary whatsoever. that's something that could happen if at some point trump began attacking the judge or the prosecutors in such ae manner that the special counsel's office decided to do something about it. it's a delicate situation when you have somebody running for president. the courts and the government areur going to bend over backwas to try to respect their right under the first amendment to speak. there's a line between speech andli threats and intimidation. it will be interesting to see whether we will explore in this case or other cases where that line rests. >> ken, thank you. let me ask you one last question. i know you have been inside until moments ago when you ran out to get to the camera, for which we are grateful. when you a saw today and since u have come out and what you can see where you are, is there any -- how would you describe the presence of onlookers and protests at the courthouse? is it having any significant impact? is everybody dwarfed by the security and media presence? >> i have to say, the presence of onlookers -- the public has grown since i was inside the courthouse. for most of the day, the media has dominated. i'm told by veterans, not since the monica lewinsky and bill clinton scandal have we seen anything like this where a special counsel was investigating the then president. the media presence was dominant. there haven't been that many protesters. the figures in costumes. it's different from miami. there were more pro-trump protesters and trump supporters running around inrt that the mii area. not as much here. it has grown in the last few hours. >> ken dilanian, thank you so much. keep us apprised. i know the courthouse proceedings areho over, but this have a way of evolving on stories like this. we appreciate it. thank you. >> i just want to make a point. andrew can back me up. admonishments are normal. don't tramper with the jury, unless i'm wrong, is not a standard thing a judge says. that's a very trump specific admonishment. >> every judge has their own boilerplate. >> i don't know either. i think it's possible -- i would leave open the possibility that this magistrate judge's boilerplate isn't, don't tamper with a jury. andrew, you have appeared in these arrangements. i'm curious what you think. >> two things stood out to me as unusual. it's not usual for the magistrate judge toor have talk to the assigned district judge to find out what the next date is. what is unusual is that to your point to be so focused on the trial date and to have from the -- obviously, from the district judge the o dates by which she wants submissions on that issue. it's decided on the 28th. that, to me, is for people who are thinking that she's not focused on whether this can go to trial before the general election, that's the issue. it's also clear john lauro knows that. that's the reason he said, i need to know about the volume of discovery. it's going to be eye-popping. there's going to be a huge amount. the government will have to deal with thatme issue. that's the fight. the second thing is to chris' point about usually the standard condition that a judge emphasizes -- i thought when i heard it was going to be -- she reiterated the most important thing is -- i thought it was that you have to show up at each court appearance. that's the most important thing. that is what bail is for is that you will show up in court. when i heard that the standard condition and the most important thing is do not commit a crime followed up by do not tamper with a juror, i was -- my reaction was -- i was a prosecutor for s 21 years. i was a defense lawyer for five years. i have never heard that. >>ea wow. i stand corrected. >> i would love to ask you a couple of things. given the unusual things that i think we all agree were unusual, does it give you a rethink on what a the delay might have bee? do you think -- do you still believe that it didn't have something to do with -- >> the quarter hour delay? >> yeah. have you rethought that? >> there's no question that's not the talking to the district judge. the district judge would have said these are the dates, this is what i want to know. i think theprocedure, which i'm confident the court will want to follow is, you have to hear from pre-trial services about standard conditions of release. it's just -- it's respecting the pre-trial services officer, which is, that's what happens. a defendant is interviewed. a report is issued. the is entitled to see it. the court sees it. theco delay -- usually, the defendant is there hours before the court appearance. here if the defendant is getting there late -- i don't mean that in a bad okay. i mean there's a tight time frame. you have to t allow that proces. that's my best guess. >> a follow-up. it did feel unusual given the fact that donald trump has a history of attacking jack smith personally, his wife and the people around him, like roger stone have histories of attacking the judge. this judge would single out the jury and not talk about not making inflammatory comments about the prosecutor. that's something trump has done. >> remember, before any criminal case, judge kaplan overseeing the e. jean carroll case on his own took steps to protect the jury in that case and give admonitions to -- in a civil case, with respect to the former president of the united states takingth steps to interfere wit the jury in that civil case. it's not surprising given that and given just -- remember, any other defendant whore is facing obstruction of justice charges in this many cases, this is not a surprising development other than if you are thinking about the fact that -- what his former position was, that he was the former s president. but if you want to treat him the way anybody else would, this is what you do. >> it's now 5:00 p.m. on the east coast. to recap, former president donald trump has now been arraigned on four federal felony counts related to his attempts to overturn the 2020 election, his attempt to stay in power against the will of the voters. it has finally happened. trump was in the courtroom as was special counsel jack smith and his team as of 4:00 p.m. the judge entered the room 4:15. we all increasingly boiled. then at 4:15, it got underway. the judge advised him of his rights, which trump acknowledged he understood. then the former president pled not guilty to all four counts. the judge emphasized to mr. trump the conditions ofas his release ahead of the trial include not committing a crime. the judge was very explicit about that. the judge then immediately told him tampering with a juror is a crime. as andrew was saying, having been a prosecutor for decades and even a defense counsel, those were not words that he is used to hearing at a booking like this. the magistrate judge then set the next court t appearance aft discussion and negotiation, for august 28th at 10:00 a.m. that is not before the same judge, but before judge tanya chutkan. the judge who will handle this case through trial. according to the magistrate judge today, she communicated with judge chutkan about this process and this schedule. she says the judge intends to set a trial date at that first hearing, at that august 28th hearing. not something we necessarily expected to hear but something notable in terms of what the pace of the overall proceeding will be. the discussion after those important parts of the arraignment were done turned to the issue of evidence, discovery, what the government has to turn oversc to defense counsel. how much there will be. how much time they will have to work with the evidence before they are expected in the courtroom with opening statements. the government now has seven days to file a submission saying when they think a trial should be set. trump's defense counsel will have five days to respond. we expect after they have made their case to the judge, the judge will decide on august 28th when the trial will start. in the courtroom toward, prosecutors made clear they want to go as soon as possible. trump's team asked forbl the latest date offered, even for the first court hearing. trump's team said they kneed time toam prepare and that the strictures of the speedy trial act are in their words, quote, absurd when applied to what they expect to be the pace of this case.n ap then it was over. the judge left the courtroom. then donald trump left the courtroom. he has been arrested -- he has been indicted, arrested and arraigned three times in four in months. none of this is normal. this is our life now. now trump is headed back to washington's national airport. he is at washington's national airport. he will fly to newark in new jersey and then from there return by motorcade to his golf club in bedminster, new jersey. joining us nowto is a special case.l harry dunn defended the capitol on january 6. law enforcement who defended the capitol on january 6 praised by jack smith as heroes in the briefro public remarks that mr. smith made in announcing this indictment. officer dunn was at the courthouse for today's proceedings. mr. dunn, thank you so much for being with us today. i imagine this was intense or emotional, at least notable day for you. >> yeah. thanks for having me. it was emotional. it was intense. at one point i looked at my watch and it started going off. ied looked at my heart rate, it was over 100 beats a minute. surreal but needed along the way for what we have been fighting for all along as accountability and justice. >> when these charges were brought, i think the fact that there was an indictment for donald trump related to january 6, was not a surprise, the way the violence of january 6 which you experienced, the way that that was incorporated into the conspiracy charges. he said donald trump exploited the disturbance. his advisers talking about violence as a necessary part of the process. wonder how you have put your life at risk, how you felt abou the way this is charged and the way this is laid out. >> when i initially read -- saw the counts, then i read the indictment, i texted some of the other officers who were were there. we have a group chat that we talk to each other in. i was asking, where is the january 6 violence part? until that was pointed out it me, i was confused. hearing special counsel jack smith whenun he talked about us and acknowledged us, that was appreciated. it was heartfelt. almost overcome with emotion. i'm getting a crash course in the judicial proceedings and how they work. that's not my forte. i'm learning a lot about the process as we go. some of the things that i would expect toi be normal and just happen right away, you just have to be patient and take your time. i trust the justice department will do that. >> officer, good to see you. i think a lot about a thing you said at the very first, if i'm not irmistaken, hearing of the january 6 select committee. you used a metaphor. there was a hit man that was sent by someone. in the way that justice will work in other conditions is, yoo would find out who sent them. you never said the ex-president's name, but it was clear what you were indicating. i was struck today one of the things he is charged with, obstruction of an official proceeds, dozens have been charged with forze storming the capitol. does it answer the question you had at that first hearing about accountability for the people -- the person that sent them. >> yeah. it's a road to accountability. the ultimate destination is a guilty verdict. we are on the road to that. i messed up that metaphor. i guesset it was, everybody understood what i meant by it. yes, you can't just go after -- a lot of people call them the foot shoulders. everybody that had anything to do with the failures of january of need to be held accountable. >> my question is more basic. it's good to see you. when donald trump and you were in that courtroom together, at any point did he make ai eye contact with you? >> i was in the overflow room. that was a safe place for me. >> if you had an opportunity to say anything to him, if you had a conversation with him, what would that be? >> i don't know. i don't like talking to individuals who are lost in reality and delusional. i don't like to talk to individuals like lkthat. i don't even know if i would engage in a conversation with him. he doubled down, shown no remorse. i have no words for him. i let the special counsel do the talking. hopefully,in a guilty verdict i returned. that's what i will say, guilty. >> officer dunn, how closely are your fellow officers following this? does it havewi an affect on general morale for your compatriots? >> i'm not prepared to talk for everybody. everybody is aware ofal what's going on and that's it's a distraction for officers trying do their job and move on in their life. move the country forward. like iou said, how can you moven without correcting what the wrongs thatti have happened? i think this is part of the process of moving forward and healing.an taking the country forward. correcting the wrongs that have been done. >> officer harry dunn, we appreciate your time this evening. i appreciate you changing your life around and put yourself out there and putting your heart rate over 100 beats. thank you. >> thank you for having me. be good. >> i apologize i was looking at my computer. during his -- the closing of his remarks there, we did just get a readout that trump spoke when he was at national airport before he got onat plane to go back to newark and drive back to new jersey. he didn't take questions. i was interested in whether or not reporters were going to be able to ask him questions about what happened today. that could lead to a more newsworthy moment with him rather than him pronouncing. instead, it was just him pronouncing. i can give you the readout if you care. >> yes, sir. >> i have a strong hunch. >> it's a short play. sad day for america. he is ahead in the polls. it's a political persecution. he said, washington looks terrible. [ laughter ] w we covered it. alex wagner joins us. we have been covering a proceeding that had not twists andt turns but unexpected benchmarks along the way at this arraignment. >> the judge encouraging trump not to tamper with the jury, that stuck out as well. i also am struck by the sort of normalcy of this judge who has seen countless numbers of january 6 defendants come through this same courtroom, and this is the day that arguably the most important one of them comes ththrough. i think when we talk about the dysfunction of our institutions and how so many things don't work and people really wonder if those in power get held to account, thein notion that the foot t soldiers that preceded h, but here comes allegedly the general in all of this, is something we should really take a moment to process. i think for a lot of people, we never thought this day would come. theld fact that architecture of justice remains the same for the foot soldiers and the president is a testament to our democraticta institutions. >> i want to go to garrett haake. we spoke with ken dilanian. there was a lottery to get into the courtroom. garrett was one of the few reporters who won that and was able to get in there. thank you for being with us. tell us what you saw and what we should understand about the proceeding.ou >> i have been in the courtroom for all three of the arraignments. i'm struck by, in a strange way, how much more comfortable donald trump is getting in these scenarios. i was in the courtroom in new york where the whole time he was tight and tense and kind of glow glowering ahead. in miami, it was less so. in this room, he seemed more comfortable and practiced at this, which is a bizarre thing to say. he was joking with his attorney at the table. he was looking around the room at everyone except jack smith, who made a point -- i think they probably made eye contact right as trump entered the room and thennt after that, smith made a point tot, look at donald trump. donald trump made a point to look everywhere in the room except at jack smith. watching the dynamic between those two men kind of at the center of the drama has fascinating to me.am when donald trump left the room, smith made ahe point to go arou and shake hands, clap the shoulders ofd junior members o his team. he was laughingr and smiling. youan got the sense for smith, this is a home game. for donald trump, this is becoming something he is use to and learning his way around, trying to manipulate it to his political advantage. you could see the difference in how he handled this from one to the next to the next. the other part of about this to me -- you were talking to officers involved in january 6. the judges who have been presiding over the case. there were several judges who have overseen other january 6 related cases in the courtroom watching from thein back of the courtroom. the chief judge here in d.c. was there. amy jackson was watching there case place out. for folks who have lived this for the last 2 1/2 years, including those officers, these judges, so many ofth us in the press corps who lived january 6 and covered it since, this was a moment to see and to witness and to want to be in that room, because it is kind of this key moment in this drama that we have been living for 2 1/2 years, including those judges. >> i know we don't have you for long. i want to ask about one moment when the judge told trump, the most important thing is that he not commit crimes while on release and it's a crime to try to influence a juror. that reads very sternly on paper. what was it like in person? >> it felt stern in the room. i don't know enough about this judge's procedures to know if that's aur warning she gives to every defendant. given the nature of this defendant and the way he talks about witnesses and judges and people who he might feel like are potentially threats to him later, it carries that additional gravity. we have seen how he talked about the judge in the new york case. we have seen the way that he tries to threaten and intimidate using his social media platform oria miss comments in rallies. i wonder how closely that admonition will be monitored and every public statement that he makes going forward. you talked about the very basic nature of what he said at the airport here.t very quick comment. the kind of thing his lawyers are probably happy to see. he has two big speeches friday night and saturday night of this weekend where he o will be on mh longer of a leash. how thatthat ad admonition will be interesting. >> thank you. >> i will say, if you find yourself at the pointy end of the stick, i think that you should take it as a bad sign if at your booking, the other judges come in as spectators. >> to watch you. >> that seems bad. >> i don't think you should get comfortable doing this. >> not something you want to get used to. >> this is his thing now. >> you want to be good at everything. you want to master every task before you. >> it's something that habitual defendants actually do brag about in a bad way. rick ross does say -- >> oh, no. >> walking in the courtroom, sipping on a beverage. i know the judge, so i got a lot of leverage. that's gangster talk. i'm casualan with this. that's thbad. bragging about being a habitual defendant is bad. gettingan convicted, which hasn happened yet would be bad. chris was saying earlier that it was palpable in the arraignment. we did learn things. it was palpable. everyone disagrees on everything in court. the one feeling you got as we were discussing from defense counsel for trump, prosecutors and the magistrate, who is handing it off. only time the magistrate deals with it, this is the big one, everyone knows it. you don't debate evidence in discovery. i know that sounds luke a technical distinction. we were discussing this. if you are trying to cede that for public consumption, because you are so worried -- there will be a discovery evidence hearing. the defense will have plenty of time toav make those arguments. they may get more time. that might be fair. for them to do that at the arraignment tells you how nervous they are. >> that is the big takeaway. people understand the score. everyone understands the score here. this is the big one. the other thing about this admonition -- garrett was careful about -- we don't know if this is part of her pro forma. what ken was saying about the sternness here, if you ever have occasion -- whether asha a lawy or defendant or a loved one or in my case to be to a journalist and go to arraignments, the judges generally -- some are more respectful than others. they don't treat the people before them like presumed innocent. there's a p certain sternness. there's a certain quality generally from the bench on high to the defendant. >>to it's at least not chatty. >> it's not chatty. it varies. sometimes it could be quite intense. there's something about him being spoken to as a recidivist. don't commit a crime. i keep laughing at the line. it's such a funny thing to say at a certain level. surely, that's obvious to everyone. the most important thing is not to commit a crime. i must say it because just looking over your record here, and it y seems like you might b tempted to do that. >> wete are getting close. >> comfortable here. >> i would press pause on this. it's a wild thing to say. >> it felt a little -- it gives you mob boss. donald trump operates like a mob boss. those lines a feel like an admonition. the person has ajojo tendency towards violence or -- in this case, it's true about donald trump. he does operate in a way -- i can't stop thinking about the fact that his two co-defendants in the documents case in florida still work for him. his pac is paying for their attorneys. what could be more intimidating. >> corcoran, a key witness in the mar-a-lago case -- >> he was in the courtroom today. >> he is being retained as counsel. it's bonkers. >> can i say one thing? there's this presumption there's anme epic fight in terms of discovery. a lot of these claims -- defense claims that trump's team is going top' make around attorney/client privilege or executive privilege have been litigated in federal court in and around the january 6 committee hearings. yes, i'm sure they will put up a fight. i would defer to andrew on this. some of this stuff -- they have argued it before. the judges have ruled. >> yeah. you are right. i'm not saying they will win. watch for that clash. we have to wait for what the judge said. they are trying to fight for time. if they can get a judge who is trying to be fair and have this annoying thing we hear about the perception of fairness, what doesne that mean in a qanon wor? a judge might give them extra months. they are running scared for time. it's notca a defense counsel tae that sounds like, i can't wait for you to see we weren't in d.c. that day. they don't have that. >> to the point this isn't happening in a vacuum and the issues about takingac on the judge, takingak on the prosecution, trying to undermine the legal system, he has called the judge in this case presumably the trial judge, he called her unfair. he is coming after the judge. we will see that litigated to a certain extent. to have this witness thing signalled out by magistrate judge, whether or not it's something she does, it brings us back to the january 6 investigation, which had a major issue which put before the american people the issue of whether cassidy hutchinson was interfered wwith. let's bring in tim heaphy. whether we were watching that, we were worried about that part of the proceedings. you described this as a potential pattern to mess with witnesses. in this case, he was admonished not to mess with jurors. i have to ask how that felt would youho knowing what you kn about the investigation at the congressional level. >> i appreciate the question. i had the same reaction. i was recalling some information we got from cassidy hutchinson where she said at some point during her cooperation with the committee sheer got a call from another staffer in the white house who said, just so you know, the big guy is reading transcripts. she was told directly. this was secondhand. president trump was following the progress of our investigation and presumably from defense lawyers from which he or his political action committee paid was accessing investigative material. we had a number of witnesses who did receive third party payment of legal fees. not inappropriate. it raises the question as to whether the duty of loyalty is. cassidy was most dramatic example of that. she fired the trump lawyer because she alleges he told her, they don't know what you don't know. you don't want to go there when it comes to that dust-up in the presidential limousine. of witnesses ot paid for by the save america pac. the legal fees paid for by the trump folks who didn't remember things. other them squarery in ther middle of. >> we have six unindicted, unnamed co-conspirator, none of whom are facing charges in their own right right now. if "the new york times" is correct about the identity of co-conspirator number six, what we would have is a list of six unindicted co-conspirators, all of whom are lawyers. all of whom are not just advisers to president trump, allies to president trump, but people advising him in a legal capacity, almost all of whom in some way or another have referenced or tried to rely upon attorney/client privilege to avoidat turning over evidence o their communication withtu trum. this is a legalistic layer on top of a criminal legal proceeding.le >> yeah. absolutely right. if the defense puts forth reliance on defense of counsel defense,of which we heard about from various lawyers on behalf of the former president, the response will be, it's not a defense to a rely on lies, on legal advise that has no basis. the lawyers themselves were aware when they provided the advice thaty it would not stan up in court. special counsel put in the indictment that john eastman in email and to vice president e pence's lawyer admitted theory that the vice president had the authority to reject slates would not prevprevail. the prosecutor plays offense and defense. puts forth the evidence that establishes the elements of crime. but he is rebutting in advance potential defenses, including reiance on advice of counsel. charge them as conspirators. >> tim, lead investigator for the january 6 investigation, thank you very much. clarifying and helpful to have you with us. muc we will take a quick break. we will speak -- i will say one thing, we areil not seeing masse protests. i think we will talk about this later on.ut trumpte explicitly said in advae of him being indicted anywhere that the country would have protests like the world has never seen before if he were indicted. he explicitly called for people to turn into the streets whenin miami. many both cases he got a proverbial minivan full of people. this time, he didn't ask. there's a dog that didn't bark in terms of how well the country is weathering this test. it's donald trump supporters not turning out in's the streets in the way heee expected, the way predicted and the way he demapped. that has never been more true than this third indictment. more of our coverage ahead. stay with us. i was stuck. unresolved depression symptoms were in my way. i needed more from my antidepressant. vraylar helped give it a lift. adding vraylar to an antidepressant... ...is clinically proven to help relieve overall depression symptoms... ...better than an antidepressant alone. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. report unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, as these may be life-threatening, or uncontrolled muscle movements, which 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in my day, it was scary stories and flashlights. we don't get scared. oh, really? mom can see your search history. that's what i thought. introducing the next generation 10g network. only from xfinity. within the last 90 minutes, we have seen the arraignment of former president donald trump on federal felony charges related to his effort to stay in power in washington after he was voted out by the american people in the 2020 election. a landmark day in u.s. history. no cameras in the courtroom for this arraignment. there were some surprises which we learned about in all but real time as our reporters inside the courtroom and in the overflow room in the courtroom were able to give us effectively text dispatches as to what happened. we did learn during this arraignment to our surprise that the first court hearing related to this case has been scheduled. that will be on august 28th. we heard from the magistrate judge overseeing today's arraignment that she's been in touch with judge tanya chutkan. we learned that she plans to set a trial date, not just a first hearing date, but a date for the trial to start at that first hearing on august 28th. it's very possible and very tempting to read too much into every advance on a day like this. to a lot of observers that suggested judge chutkan is ready to move this case. some legal observers looking at the way the indctment was brought, without a large amount of classified information described, that would have to be part the discovery process, people looking at the indictment suggest it's built for speed. it's supposed to get into the courtroom. it's supposed to be a case that can be brought quickly in terms of how fast it gets to trial. maybe this case will be brought to a conclusion in the courtroom even before the 2024 election. almost all of that will depend on judge tanya chutkan. i want to talk to you. as i understand it, in your career as a federal prosecutor, there was one case in which you were the counsel on the prosecutor on the prosecutor side and judge chutkan was defense counsel. you have experienced her professionally in that way. is that true? >> it is true. back in the day, i tried cases against tanya chutkan. i was trying murder cases. we were adversaries. perhaps i should ask whether i was a worthy adversary. i will say, she was a smart, strong, tactically savvy defense attorney who i can honestly say i enjoyed trying cases against. i promise you, i don't say that about all defense attorneys. together with being a very strong, zealous advocate for her client and very good in front of a jury, she was also completely honorable, honest, trustworthy. i think she always sought to strike a good relationship with opposing counsel, myself included. i happened to run into her today in the cafeteria, which was lovely. she was getting lunch, as was i. we reminisced about whether we would tangle with one another. i had the pleasure of being in her courtroom, watching her preside over criminal cases. i was in the overflow courtroom watching. when the magistrate judge told the parties, mr. prosecutor, you will file a motion in seven days, proposing a trial date, defense, you will file a reply in seven days. then 25 days from now, august 28, judge chutkan will set a trial date. the defense protested, i believe, three types. the magistrate judge was having none of it. i suspect this is a sign of things to come. judge chutkan is going to run a very tight ship. i suspect we are going to see a fair but also fairly speedy trial. >> this is totally unfair, but i'm assuming when you ran into her in the cafeteria, she didn't say anything about the trump case. right? >> she did not. nor would i have expected her to. >> good. i just have to ask. i can't leave that hanging. let me ask you, based on all that you have described, her reputation precedes her. she's seen as a -- an experienced, normal, smart, effective, strong judge. i think that's fair to say. i don't think anybody who might have disagreed with some of her opinions would say anything different. we have already seen defendant trump attack her. already he has attacked her as an unfair judge. that was today. i wonder what your perception is about the kind of spotlight she's going to be under, the kind of heat she's going to take and the kind of presumably rhetorical aim that this defendant and his supports are going to take at her, how you think she will handle that. >> you know, he will are a tore -- rhetorically attack her. would like to think she will be unfazed. it's unfair that a litigant gets away with the kind after tacks donald trump always launches against his perceived enemies. i didn't hear the prosecution raise the possibility of restrictions on the defendant's speech and on his posts. we may get there. there were some admonitions that you better not doing anything that could be perceived as tampering with juries or witnesses. i would like to say she will be unfazed. she's strong. she's tough. she's determined. it really is no the way the criminal justice should be expected to operate with defendants, litigants, hurl this against them. she will move through it. we have a phrase that i'm sure other people have the same phrase, when there's a judge that we appear before who is tough, who is no nonsense, who is determined to hold everybody accountable, the litigants, we say, you know, that judge don't play. judge chutkan don't play. >> former federal prosecutor glenn kirschner. thank you. i want to show my colleagues something i have not seen. ready do something we have never seen before? >> it's like a real -- >> i will say, you have not been to my house in western massachusetts, but this is my art. that is everywhere. i have a courtroom sketch of andrew weissmann. >> people didn't think you were a nerd, they just locked it in now. >> the only thing in my life that's different from what you see when i'm doing is the news is i go fishing. i cuddle up with courtroom sketches. >> i didn't know you could acquire them. >> yeah. >> she's a collector. >> i need some. >> that's it. >> this is the moment where the sketch artist, who is fantastic, where he captured the moment at which trump stood and faced the judge and said not guilty. stephanie ruhle joins us at the table. >> i don't have any courtroom sketches, but i'm here. >> are you asking? >> i would like a photo shoot with andrew weissmann. >> there's going to be some charity auction coming up. we will work that out. let me ask, as we were watching this, there's a lot about an arraignment that's preordained. there were some unexpected things today in terms of the way trump interacted with the judge and the way things look like they will speed ahead. >> the biggest surprise is there's a huge legal day and it's not a huge political day. think about that for a moment. the current republican frontrunner is donald trump in a mountain of legal jeopardy. his party, the party of law and order, is standing by their man. he has got them so boxed in because of the grip he has on the base. this judge had to instruct him, do not speak to witnesses, do not do anything that would appear that you are committing an additional crime. people need to get their head around the fact that this person who most likely will be the republican nominee, and the party seems to be down with it, is charged, is accused with defrauding you, me and every other american. they have a half a dozen other people running for this position. >> i was thinking about the admonition about the jury tampering. it's funny insofar as, were you to say tamper with a jury member, you can't say speech. i can't persuade people. the fact that the judge had to instruct him that that was the case -- that's not okay. the idea of it is, to me it's so perfectly embodying in the indictment, working everyone over. if everyone is around, you can work them over. get me that election official. the jurors, i will work the jurors over. it's perfectly in line with what he is accused of doing in the indictment, to do something like that. >> as you put it the other night, you have free speech even in a bank to say anything except, give me all your money, i have a gun. that's speech, but you are not allowed to say that in a bank. that's a crime. to your point about this being a day in politics, there's one thing that happened in republican primary presidential politics. former vice president mike pence, everybody is expecting we will see on the stand, star witness, he gave remarks to fox news. he put a finer point on it in terms of what trump did. i just want to get your political take on it. we will get -- this is mike pence speaking to fox about trump in a way i have never heard him talk about him before. >> let's be clear on this point. it wasn't just that he asked for a pause. the president specifically asked me and his gaggle of crackpot lawyers asked me to reject votes, which would have resulted in the issue being turned over to the house of representatives and literally chaos would have ensued. i hoped it did not come to this point. i don't know if the government can meet the burden of prove beyond reasonable doubt for criminal charges. the american people deserve to know that president trump and his advisers didn't just ask me to pause. they asked me to reject votes, to return votes. i did my duty that day. >> that's the boldest and most casual we have seen mike pence. perhaps he is realizing, trump's base, who they are still trying to dance with, ain't never voting for mike pence. potentially, he is realizing that. maybe trying this hail mary pass to find old-school republicans. the original republican party, which at this point, doesn't exist. these george bush republicans we talk about, you can't get enough of them for create a big golf outing at this point. it looks like mike pence will try to find them. >> imagine being mike pence. you do this thing that -- >> all the time. >> i understand it. put a little baby powder in your hair. >> he calls me mother. >> this guy runs for president, thinking he is going to be rewarded by at least some part of his party for standing up for the constitution. the opposite happens. he is being shamed. he is being booed. now the indictment comes out. you have to think mike pence maybe, unlike the rest of the feel, maybe he took a glance at it. reliving those pressure -- i don't think it's coincidence that the day after the in -- two days after the indictment, mike pence is like, this wasn't nothing. his initial reaction was more like, i upheld the constitution. let's not talk about this. let's focus on failed biden economics. two days later, when hejuices o injustice, he is speaking the truth. also, under the awareness, that he is going to have to -- >> he can't run away from it. >> let's not forget that one of the most memorable lines in the indictment is, you are too honest. the idea of speech to your point, chris, what proves that donald trump really didn't believe he won the election, is the thing ez did. you don't need fake electors. you don't need to create a scheme to flip the election if you really actually think you won. there's line that says, we will let the next guy handle it. busted again. he allegedly said to mr. clark, who he wanted to be the ag -- he and clark were saying to other justice department officials, just say there was fraud and let the republicans take care of it. he is actually using speech as well. in some cases there are things in quotes, which apparently they cannot do unless they are from tapes or from notes in which donald trump is admitting, i didn't win, but i need to fake it. lindsey graham and ted cruz attacked judge chutkan. they voted to confirm her and are claiming she has bias and hates trump. you agreed with all the other republicans in the senate, she was okay. >> where does lindsey graham want the trial moved to? west virginia. >> move it to where they have the most friends. that's in the constitution. let's bring in the democratic congresswoman from california, it's a pleasure to have you here. thank you. >> happy to be here. >> this arraignment today has a lot of elements of it that we could see coming that are the part and parcel of any booking. for any federal defendant. we have seen some news here with the magistrate judge and the district court judge apparently planning to move things -- talking together, coordinating, planning to move things quickly. we have a first hearing day, august 28. we are told a trial date will be set on that hearing date. i have to ask, just for your reflections on today. >> i think that's important. we had a few items before this judge in terms of getting evidence and the like. we prevailed. more importantly, she acted promptly. she doesn't mess around. i think it's encouraging that she's going to control her courtroom, she's going to set a date. we will have a trial. we will find out what a jury decides. i think that's good news for america to find out what the outcome of this will be. hopefully, pretty soon. >> so much of the indictment read like a version of your own investigatory report. there was a lot of overlapping evidence. there was some new things. some things further developed by the justice department's investigation. i wondered about the distance -- there was some distance between the actual charges brought against trump and the charges you and your committee recommended should be brought against trump based on the evidence as you saw it. measure. and i think mr. smith obviously didn't follow our advice there, but i'm perfectly satisfied with the actions that he's taken, and i know that the other members of the committee are as well. the essential elements, which was he tried to overturn the election, is ovencompassed by t charges that are in the indictment. and i think that's the important element. reading through the indictment, it's really the narrative that the committee outlined. there are a few things, you're correct, we weren't able to interview vice president pence. i wasde stunned by his testimon trump telling him, you're too honest. i think that says a'rto couple things. one, that he was being honest. but two, trump was being dishonest and needed the vice president to join him in that. so i think the trial will be held promptly. there will be evidence that we developce but also some new things. and by the way, i was listening to the critique of the former vice president's statements today. you know, i served with mike pence. i haven'tith talked to him in while -- actually, since the january 6th when i was one of the tellers. he's going to testify pretty obviously. and he's going to testify truthfully, and he might as well say publicly now what he's going to be saying in that courtroom. there's no downside to that. >> congresswoman, it's alex wagner. speaking of mike pence, one of the most quietly, for me at least, explosive elements of thisve indictment was the fact that he wasnd taking contemporaneous notes. did the january 6th committee know about these notes? and what are you most interested in as it concerns this apparently detailed time line that was written down in realtime around the unfolding of events around january 6th? >> well, i did not know about those notes, and i don't think any of the investigators or other members knew. we talked to his counsel. we talked to his chief of staff. we didn't get that information from them. for all i know, they didn't know it. that he did that is going to be very important in terms of his testimony. there were a lot of things that we're interested in -- the bullying that then president trump did to try and get him to overturn the election, to reject the votes. we never really found out the details of the conversation between him and trump the morning of the sixth. vice president was with his staff and wentsi upstairs to th residence to take the call. i'mth interested in that. but clearly there was a lengthy efforta on the part of trump t try and get the vice president to reject his oath and to overturn the election, and he just refused to do it, so his credit. >> congresswoman zoe lofgren, a key member of the january 6th investigation in congress. congresswoman, thank you for being with us today. it's a historic day. we appreciate it. all right, our special coverage of the arraignment of former president trump continues. stay with us. ues. stay with us how's the chicken? the prawns are delicious. oh, i have a shellfish allergy. one prawn. very good. did i say chicken wrong? tired of people not listening to what you want? it's truffle season! ah that's okay... never enough truffles. how much are they? it's a lot. oh okay - i'm good, that - it's like a priceless piece of art. enjoy. or when they sell you what they want? yeah. the more we understand you, the better we can help you. that's what u.s. bank is for. huge relief. yeah... ♪ there are some people who say that there are already now three indictments against the former president. they argue that even if there were crimes committed here in fulton county, a fourth indictment isn't worth all the work that would come with it. to people who say that, what would you say? >> that i took an oath and the oath requires that i follow the law, that if someone broke the law in fulton county, georgia, that i have a duty to prosecute, and that's exactly what i plan to do. >> earlier this hour, glen kirschnor said there's a term of art prosecutors use when they're going against a judge that gets stuff done and cannot be intimidated. what was the phrase he used? >> i don't play. >> that was an example of a district attorney saying i don't play. fani willis in georgia has by all accounts brought her investigation in the state of georgia to a close, and we are waiting any day now for potentially indictments to be announced in conjunction with that investigation. i think there's a widespread expectation those will include charges against trump in that district, too, and that will bring it to four. >> it should. where we start is i think where we finish. donald trump's crime was a left the, an armed robbery against all of us voters in saying, your votes no longer count. i decide who's president. in the state of georgia, in this indictment, ruby freeman and shay moss are called out, the attacks on them. there were specific victims in the state of georgia. >> election workers, yeah. >> the fake elector scheme, half have been offered immunity agreements. there was a specific crime committed against georgia voters. it is her obligation as an elected official, elected to carry out the laws of the state of georgia, and it really isn't related to what happens in d.c. she does have a fiduciary duty to go forward. >> i think there's the cold hard reality that people are worried about a federal case if this person is going to potentially be the next president of the united states. everyone if you're not thinking about that as fani willis, i think there are a lot of people around her that say -- >> what about kemp? kemp thinking pardon? >> there's the issue of the georgia governor pardoning, but even more bluntly, georgia republicans and the state legislature and brian kemp just passed a new law in georgia that allows, effectively, the republican-controlled state legislature to remove prosecutors under -- whenever they feel like it if that prosecutor does something they don't like. and they went to great pains to say, oh, we're not talking about fani willis. it's other people who don't prosecute enough muggings. georgia republicans are threatening, essentially, to remove willis, as she moves against trump any day now on that additional case as well. ay, ay, ay. our special coverage of donald trump's third and counting arraignment continues now on "the beat" with our friend ari melber. hello, again, ari. >> hello, again, rachelle it was really something to sit and watch you realtime take us through this. this was a historic day, and so thank you for that, and good to be with you. >> couldn't do it without you my friend. good luck. >> thank you. our this can to rachel and the whole team. our special coverage of this arraignment of donald trump continues on this edition of "the beat." we have new details on what just happened in federal court and what was different about this arraignment. there were specific things we just learned. as we have been discussing with rachel and our colleagues. there's also news on what kind of trial clash we are going to see. we learned the next hearing date. we learned signals on the legal fight to come.

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