Wednesday night. Alex wagner tonight starts right now. Yeah, we do. I dont know whats the problem. 200 representatives voted today keep mccarthy in power. The number of member in his own party that wanted him as Speaker Of The House vastly outnumbered those who didnt. Thanks to you at home for joining me this hour. Today in the Fulton County election interference case Rudy Giulianis lead lawyer asked the judge if he could be removed from that case. Now, that is the second lawyer to leave giulianis georgia team this week alone. Their departure comes on the heels of mr. Giulianis lawyer and long time friend suing him last month for unpaid legal bills. We have known for a while now all is not well in giuliani land. He has huge legal bills. He is reportedly very short on cash. And now to add to those troubles, theres a new story out today that at first feels kind of like its been ripped from the tabloids, but ultimately it could have serious legal consequences for giuliani and his most important client donald trump. Was there anyone in that conversation who in your observation had too much to drink . Mayor giuliani. That was former Trump Campaign advisor jason miller claiming mr. Giuliani appeared to have had too much to drink on Election Night 2020. You might remember that very late that night days before the election had actually been called, trump held a Press Conference claiming he had won. And one of the big things we learned from the House January 6th Investigation was almost everyone around trump that night advised him not to do that. That instead of listening to those people, trump listened to Rudy Giuliani. I think effectively mayor giuliani was saying we want it, youre stealing it from us, where did all the votes come from . You need to go say that we won, and essentially that anyone could not get in that position was weak. Giuliani claims the only thing he drank that night was diet pepsi. But today the New York Times is out with a story in which several people claim giuliani appeared drunk on Election Night slurring his words and carrying an odor of alcohol. The times reports that for more than a decade giulianis friends believe his drinking had been a problem. The times cites instances of giuliani reportedly drinking before leaving for fox news interviews and even at solemn occasions like a 9 11 anniversary dinner. This is far from the first time Rudy Giuliani has been accused of this kind of behavior. Earlier this summer giuliani was sued by a former employee who accused him of Sexual Assault and harassment, all of which giuliani denies. But in her lawsuit this former employee alleges giuliani drank all day and night during the post election period, and she specifically cites two moments in particular giulianis Press Conference at four seasons total landscaping, the one where he falsely claimed dead people voted in pennsylvania, and the Press Conference where giulianis hair spray appeared to melt down the side of his face as he falsely claimed that venezuela was tampering with our voting machines. The former employee said it was her job to keepgiuliani from looking foolish while he was drunk. He denies all those allegations and denied the allegations in the New York Times today as well. Theres a story in the New York Times that you have a possible Alcohol Problem. I will sue them for that. I will comment if i have an Alcohol Problem i should be in the guinness book of world records. 79 years old and im an alcoholic. You know how much ive accomplished . Its a typical the New York Times malicious lie. I do not have an Alcohol Problem. I have never had an Alcohol Problem. Its a big damn lie by a newspaper thats a disgrace and by a reporter who covered me, used to cover me very, very in a very glowing way and now is vicious and mean in what she does. Thank you. Its my Press Conference. Rudy giulianis personal tragedy is one thing as are his denials, but whether he was routinely drunk in the postelection period could really matter legally speaking for both giuliani and donald trump. A person familiar with the matter tells the New York Times that special counsel jack smith is now looking into giulianis alleged drinking habits. Lash month three sources told Rolling Stone the same thing. Why . Trump is widely expected to use an advice of counsel defense in his federal trial, essentially claiming he just took his lawyers advice on what to do in the 2020 election period. That could all be in serious jeopardy if trump knew his lawyer was drunk while advising him. And trump who lost his brother to an alcohol related heart attack is not just simply a wellknown tea totaler. He seems to take note of what happens when people around him drink. Ive never had a drink. Ive never had a glass of alcohol. Ive watched people and i studied people and i had in particular a great tutor on this. But i look and i see what it does people when they lose control. Now mary mccord, former Acting Assistant Director at the department of justice, and andrew weissman. Mary and andrew are of course the cohosts of the indispensable podcast prosecuting donald trump. It is an honor to have both in the flesh tonight as we try to understand whats going on here. Alcoholism is a disease that affects a lot of people. We know people in my family that have it, and im sure there are viewers out there who have grappled with this as well. And, you know, my heart goes out to everybody whos had to struggle with this, but i want to focus on the sort of legal implications here. Mary, the news that jack smith is looking into whether giuliani was drunk in the postelection period, can you talk to me a little bit about does that surprise you, and what specifically could he be looking for . Well, i think as you indicated in your intro, one of the things jack smith and his team are trying to prepare for is an advice of counsel defense, but theyre also trying to understand the conspiracy more generally, right . And so what kind of representations were made both as counsel and also just as in other consultative capacities. And as you indicated certainly if mr. Trump was well aware of mr. Giulianis intoxication, it would be pretty unreasonable to rely on his advice even if he was giving legal advice. And i will say that i think already an advice of counsel defense was pretty weak. Obviously we havent seen it yet but we can surmise because we know all the white House Counsel, all the department of justice, like all the counsel around mr. Trump who are sort of there being paid to be his lawyers as the president of the United States were telling him there was no fraud significant enough to change the results of the election, so he sort of just continued to go shopping until he got a lawyer. Now, when you then add to that you go shopping for a lawyer potentially inebriated when giving advance, to me it makes it less reasonable to rely on that. Ive got to say listening to that tape, andrew, of trump saying i know what happens when people drink, the fact he doesnt drink just purely on a sort of clientlawyer basis does it surprise you he would have sought the advice of Rudy Giuliani if he was demonsstrably inebriated when he was giving him already accepted controversial advice . If youre trying to essentially shop for advice and this is the best you have is Rudy Giuliani potentially being drunk, Sidney Powell who you privately are saying is crazy, this is all i have because this is all i can get. The sober ones they were saying cant do this. Also adding to marys point about all the other lawyers who are white House Counsel who are saying this, its also work taking down what exactly is charged here because there is no advice of counsel where counsel says, oh, yeah, its fine to threaten raffensperger with criminal prosecution. That is not something where theres going to be any claim where Rudy Giuliani said, yeah, thats a great idea. Theres going to be no advice of counsel to saying jeff clark has no idea were going to send a fake letter to georgia to get them to sort of go our way and to use that. No, Rudy Giuliani and Sidney Powell are not going to be saying thats fine. You really have to break this down to what exactly is even if its inebriated advice, what is the advice that is actually relevant to the Pacific Parts of the charge . I think it has a very, very long road to have this fly in front of a jury. But can i just say theres the reality white House Counsel is out there saying do not pass go, bad idea, dont do it, and this one person or maybe two if youre counting Sidney Powell in there is saying go for it, claim venezuela did it, whatever. For one thing theres a criteria to even get a defense of counsel defense. The way this comes up in trial is the defense will try to put on enough evidence to support a request for a Jury Instruction so the jury could if they find you relied on the advice of counsel they could acquit on a particular charge. To even get that theres criteria that includes you as a client first of all had a Counsel Relationship that even more clear with respect to giuliani, maybe less clear with respect to Sidney Powell, but also you provided your counsel with all relevant information known to you and sought that counsels advice. So there are a bunch of steps we still dont know about how he might go to prove. And i think this is also part of the things that jack smith and his team are looking into. Can i ask what this does, this information, to Rudy Giulianis defense . Hes an unnamed coconspiratorter in the federal indictment. And hes an Indicted Coconspiratorter in the georgia case. I mean hes vehemently suggesting he had nothing to do with alcohol in the postelection period, that this is a smear job. Does it inform his defense at all if theres information like this out there . Well, you know, the reason this could be relevant in two ways, one we just talked about to the former president. But to Rudy Giuliani if he was continuously drunk during the time period charged, he could have a diminished capacity defense, he could say i didnt form the intent necessary. Obviously thats not the road hes going down because hes saying publicly this is not true. That would be a very, very difficult defense given the time period thats involved to say youre drunk so long for so much and so impaired. Now, its possible that he now, though, having said what he just said, it doesnt seem like thats where hes going. What does it practically mean, mary, first of all hes in pretty significant financial straights, and his lawyers in the georgia case, two of them have left this week. What are the implications for that . Do they effectively need to have does he need to have local representation in georgia . How does it complicate his defense down there . He will need to have local representation. Thats something each of the defends will need to obtain. As we know the trial going to go forward is the trial of Kenneth Chesebro and Sidney Powell at the end of this month. So its going to be some time before the others go to trial if at all, where surely by then hell have local counsel. You can go to the court and you can say im too poor, im too indigent, i need you to appoint counsel for me, but to do that he wouldnt be able to maintain the property, the public life he maintains and still be able to acquire a public defender. So it remains to be what his scenario would be, and this sometimes leads to plea discussions, because if you really arent going to be able to retain counsel to fully and zealously defend you because, you know, because of your Financial Condition or people refuse to do it, sometimes that is a reason to try to seek some sort of resolution. That would be dramatic for both giuliani and donald trump. I will say to anybody who hadnt read the story, it is tragic and it very much traces the break down of a man who once had the admiration of a lot of people in this country. But were not done with you yet, mary mccord and andrew weissman. House republicans float some interesting names. I guess thats what well call it to be the next Speaker Of The House including donald trump. Were going to get reaction from Pramila Jayapal what her party makes. But first donald trump leaves his new york Civil Fraud Trial in a huff and places the race card. That is all coming up next e card that is all coming up next ah, these bills are crazy. She has no idea shes sitting on a goldmine. Well she doesnt know that if she owns a Life Insurance policy of 100,000 or more she can sell all or part of it to coventry for cash. Even a term policy. Even a term policy . Even a term policy find out if youre sitting on a goldmine. Call Coventry Direct today at the number on your screen, or visit coventrydirect. Com. Goli, taste your goals. Donald trump is newly gagged, ordered yesterday by the new york judge presiding over his Civil Fraud Case not to speak about any clerks or Staff Members of the court. However, that limited gag order has not stopped the former president from escalating his attacks this time on new York Attorney general Letitia James and judge Arthur Engoron himself. Today on day three of this trial the trump called the attorney general a racist and deadly cop while also using a racially loaded epithet against her. Inside the Courtroom Trump was more vocal than hed been in previous days. He expressed his frustrations about not having a jury trial, something he potentially could have had if his lawyers requested one. They did not. Halfway through the day the former president seemed to have had enough, and during the lunch break he stormed out to complain to reporters. Im stuck here and i cant id rather be right now in iowa. Id rather be in New Hampshire or South Carolina or ohio or a lot of other places, but im stuck here because i have a corrupt attorney general. They made up a fake case. Theyre fraudulent people, and the judge already knows what hes going to do. Hes a democratic judge. Im stuck here. Id rather be in iowa. Thats what trump said before he left on his private jet for florida. So not stuck, also not in iowa. Shortly after he departed, attorney general Letitia James had this to say. Mr. Trumps comments were offensive. They were baseless. They were void of any facts and or any evidence. What they were were comments were comments that unfortunately fomented violence and comments i would describe as race baiting. I will not be bullied, and so mr. Trump is no longer here, the donald trump show is over. This was nothing more than a political stunt. Andrew, how much further can trump go here . In addition to those comments, he called judge engoron someone who is run by the democrats. He already knows what hes going to do, the whole system is corrupt, engoron came out of the clubhouse. I mean at what point is a gag order extended to the judge . Its interesting because the gag order issued yesterday was narrow. It was about the judges staff. And that part seemed to work. And so Lawrence Odonnell talked about this, which is a bully being carried out. Donald trump does not want to go to jail and these judges in both civil cases and four criminal cases has the power to if he continues doing this. On october 15th the d. C. Judge is having a hearing on this issue. If he continues down the road, that will be for judge chutkan to figure out should there be additional restriction. I think the line for me is looking to language that is sort of calling for whether intentional or not violence. Thats really the real issue. Thats why the reason the judge was so concerned about the comments about his staff. I do think one thing thats very interesting is this week we saw both the attorney general of the United States and now Letitia James speaking out. We talked a lot about this you know, the disparity because most of the times prosecutors dont speak. They speak only in court. I thought it was very interesting and i actually think commendable for them to be picking their moments to talk about not the guilt of the defendant, not to cross the line and to talk about why hes so guilty but rather to sort of show that theyre not really going to put up with this and theyre going to pull the integrity of the process and the institution. I thought it was real