>> let's say trump is behind bars and it is a possibility. would he make a speech from prison? >> working out the logistics of a convict convention. >> everything is being thought about. everything is being considered. >> as maga conspiracy figures go in the house. >> did you select the judge in that case? did you select the jury in that case? >> tonight the campaign to make the conviction of donald trump stick with voters and the realities of the former president going to jail. >> i'm okay with it. then in wisconsin, criminal charges keep coming. >> specifically the complaint charges kenneth chas borough -- with conspiring to commit a crime. >> plus, senator bernie sanders on the net and yahoo speech to congress. actual good news on the climate front in spite of the deniers. >> the seas will rise in the next 400 years, which means basically a little bit more beachfront property, okay? >> when "all in" starts now. good evening from new york, i am chris hayes. ever since the former president of the united states was convicted of 34 felonies, the republican party made a strategic calculation that they throw the loudest popular -- possible temper tantrum in unison, maybe then they can convince everyone the whole thing was raked by the sheer volume of wining and histrionics. >> show me the person and i will show you the crime. >> this was a political smear job, and attack job. this is what you see in banana republics. >> this is what you see in communist countries. the problem is democrats have crossed this line. >> this is a justice system that hunts republicans while protecting democrats. this was certainly a hoax. >> yesterday was a sad day for america. you had a partisan witch hunt in new york. >> this is a total travesty. we should not mince words. this is an extremely dangerous day for our country. >> do we want to become a country where we jail are political opponents? >> the justices on the court, i know many of them personally. i think they are deeply concerned as we are, so i think they will set this straight. >> wine loudly and passionately, that is the whole plan. this is not just a few oddballs. the entire party down the line is carrying it out, everyone. including on capitol hill were republicans trotted out every insane conspiracy theory about trump being railroaded and played them at the feet of the current attorney general, merrick garland. you might be thinking, wait, the guy from the department of justice? this is a manhattan prosecution against trump. it was not a federal case. garland's justice department did not bring it and you would be right, but republicans have a completely basis theory about how he did. >> justice is no longer blind in america. today it is driven by politics. example number one, president trump. >> for the first time in american history we have a presidential administration working to put its opponent in jail and that is a fact. >> the attorney general names jack smith special counsel three days after president trump announces he is running for president. >> as i understand the facts, jack smith was a principal player in the irs targeting the t payer -- the tea party. >> will the department provide all records -- >> and of course there is the fact that jack smith changed the sequence of the documents he seized in the raid of the president's home. >> like you i have given my life to the law. i care deeply about the law. >> i have given my life to the log. like our savior. matt gaetz cares deeply. of course the opposite of what is being insinuated or fabricated. the investigation into the crimes, 34 accounts, that was initiated when donald trump was the president of these united states. remember that? we were around back then. it was done by his own department of justice. it was the trump department of justice that probed and indicted for federal crimes his former attorney michael cohen for the cover-up of hush money payments to stormy daniels and karen mcdougal on behalf of trump as criminal violations of federal criminal law. that was overseen by the u.s. attorney for the southern district of new york, that and you see there, who is also investigating rudy giuliani's trips to ukraine in search of dirt on joe biden. in 2020 after he was fired by trump and attorney general bill barr. in fact, berman would say as much after he left the doj, telling reporters as president donald trump pushed him and his colleagues to prosecute his perceived political rivals. the upshot of all of that was that trump managed to shut down the hush money investigation before it led to him, even though he was the unindicted co- conspirator. so that was how the case ended up being picked up by the local manhattan d.a. who does not report to the feds at all. meanwhile, trump has been charged with felonies and four different jurisdictions, d.c., florida, and georgia. three outstanding cases are awaiting trial. one of them held up on appeal before the supreme court, one third of whose members were nominated by trump. the ex-president has spent, as we have covered on this program, as resulted in multiple citations for contempt of gag orders, every possible moment screaming at the people prosecuting him and the judges and court officers and essentially issuing demands calling for other people to be prosecuted. painting a target on the backs of people who were anonymous officers of the court. and as trump's authoritative vision of justice takes over the entire republican party, which is really what we have seen. right? all of this performative outrage. the week after he became did president in u.s. history, the current president of the united states, joe biden and his first lady, are quietly watching the last living son, hunter, be prosecuted by the biden department of justice. the man running the prosecution against hunter biden, special counsel david weiss, is a trump administration holdover and was held in that role even though the president would have been well within his rights not hold them over. he was held over by merrick garland. specifically he was held over, despite the fact he is a trump appointee, because he had overseen this case against biden's son for too long. you know how long he was overseeing the case? five years. replacing him might have appeared to be political impropriety on the biden administration's part. the result is hunter biden has been targeted by republican conspiracy theories for the better part of a decade and hearings and the like. now being prosecuted by that department of justice and the person of david weiss for an incredibly arcane, alleged offense. the allegation is that when hunter biden purchased a handgun in 2018, he lied on the federal form when he said he had not abused drugs. he possessed that handgun for, wait for it, 11 days. he lied on the form about his drug use. he had a handgun for 11 days. he now faces 25 years in prison. it is a prosecution that is so rare, so out there, so draconian that even trey gowdy, the far right ex-congressman and former product -- former federal prosecutor has a hard time believing it. sorry, well, i will tell you what trey gaudi said. he said he had barely seen any cases exactly like this. despite all of the republican cries about the biden crime family and doj doing the president's dirty work, as joe biden's last living son sits for a prosecution that was initiated under donald trump and basically no one else is being prosecuted for. joe biden has said not one thing. he has not fired the prosecutor. he has not gone after the courts. first lady joe biden is sitting quietly in court and supporting her son as this plays out. this on the day that they are screaming on capitol hill about the weaponized department of justice. take a step back, shall we? can you imagine a universe in which donald trump allows the department of justice to prosecute don junior and keeps mom about it? no, got to let it play out. as republicans have ratcheted up the extreme lengths they would go to to tear down the entire notion of equal justice under the law, joe biden has gone to extraordinary lengths in the opposite direction and there is a real question as to whether any of this is getting through to voters. michelle goldberg is an opinion columnist for the new york times. sara, let me start with you because you spend time talking to voters in these focus groups and you are part of an effort to put out these billboards. of i won't vote for a convicted felon, which is a new campaign in a bunch of different states. former trump voters saying they won't vote for him. you think these wildly different views get through to voters and to voters does it matter? >> listen, when you are playing that montage of republicans, they were all saying the same thing. i come from a background in republican communications and what they are doing is building their own echo chamber. they are constructing their own narrative. they are going on offense. obviously in a normal, sane world, the facts of a convicted felon president would be very bad when it comes to swing voters, but they know if they push, if they go on offense, if they lie and spin, but they all say the same thing together, unanimously, that they can amplify this message and that breaks through so much of the noise and the social media and that is what breaks through to voters. one of the reasons we wanted to do this billboard campaign is that democrats need to go on offense. democrats need to start building their own echo chamber. they need to explain to voters that it is insane to have a president who is convict it of a crime. if they want to argue about a felony versus a misdemeanor, let them do that. he is a convicted allen -- convicted felon by crimes he committed and as we know he has been indicted in many other crimes. this is a moment to make sure voters hear the message of trump's conviction, not what republicans are doing. this is one way in which democrats often do not rise to the same communications challenge that republicans do and i think there are a lot of reasons for that. fragmented coalition and an unwillingness to lie shamelessly, but there does need to be an effort to make sure this sticks to voters right now. >> one of the reasons to be charitable and i think it is important, something we wrestled with, too. there is an asymmetry because you don't want to just view the entire judicial system as a partisan cudgel. you want to invest in the idea of its independence and respecting the process. i really liked your column, because i really feel like i am losing my mind. we were all here in 2016 with the chance of lock her up. when the form president compares himself to the russian opposition leader who died this year in a prison colony, he is giving himself permission to act like vladimir putin. what you mean by that? >> authoritarian rhetoric, this total denial, this blatant lie, it is meant to make you feel like you are losing your mind. it is extremely destabilizing. the narrative is two parts. part of it is this unprecedented weaponization of the justice system and the second part is donald trump will be justified in doing the same thing to his opponents. you played part of that with marco rubio where he said the line has been crossed, but the rest of that was like, it's going to come back around on me. make this mind exploding, insane claim that he never chanted lock her up and then he says i was so magnanimous. i didn't prosecutor for anything. let's be clear. he tried to prosecute her. >> he tweeted that jeff sessions all the time. >> he demanded privately that jeff sessions prosecute hillary clinton, but now he says no, i magnanimously decided not to prosecute hillary clinton, but now because of what happened to me i will feel differently. they are creating this story in which they are the vic comes -- they are the victims of all of the misdeeds they are planning to commit. >> it is not just the whining, but the menace of the promise of, we are going to come after you. donald trump says it very explicitly. just shy of saying we are going to try to find a way to indict joe biden if the cases go my way. there is this threat that is latent in all of this rhetoric. >> yeah, but the menace has always been a weirdly underreported or under discussed part of what donald trump does. it isn't just this. donald trump uses menace not just to say i will prosecute my political enemies, but the specter of political violence. this is a way in which republicans rhetoric and donald trump's rhetoric specifically -- and look, it manifests. ask any republican who has stood up to trump over the last six or seven years and they will tell you the extent to which they have dealt with the threats and obviously what happened on january 6 with trump's being we have to fight or we won't have a country anymore. he does it at the rallies. the way he uses, i don't know, language that is meant to be violent all the time. menace is a part of the trump's sauce. it is baked in all the time. >> i thought it was striking because part of what is also dizzying is they are doing this on the same day the president's son is being prosecuted. i have talked to a bunch of folks in the system and they are like, it never happens. felony possession, extremely rare. trey gowdy said i think i did done prosecutions for six years. i went after convicted felons. i bet there were 10 cases prosecuted nationwide of addicts who light on forms. why are you pursuing this? >> right and i'm not going to speak for why david weiss is bringing this particular case, but you see democrats bending over backwards to respect the rule of law. >> it is so wild. do people know there is this enormous study of contrast happening and do they care? >> right and there is no banana republic on earth where the president's beloved son is prosecuted by his justice department unless he is ordering it. coming up, just what happens when the republican front-runner recently convicted on 34 counts meets with his new probation officer. a whole new world donald trump is about to enter next. next. and that doesn't work when you're writing a mystery and i knew i needed to do something so i started taking prevagen. i realized that i was much more clear, much sharper. i was remembering the details that i was supposed to. prevagen keeps my brain working right. prevagen. at stores everywhere without a prescription. when we say it'll be on time, they expect it to be on time. turn shipping to your advantage. keep those expectations with reliable ground shipping. thanks brandon. with usps ground advantage®. ♪♪ kayak. no way. why would i use kayak to compare hundreds of travel sites at with usps gonce? 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>> it is called a presentencing investigation and report that follows from it. one thing you mentioned in the lead up is the indictments he has pending. i really don't think that should factor in at all, because he is presumed innocent. what could ultimately factor in -- >> for another person just convict it, you have three active indictments, you don't think a probation officer should take it into account? >> i think he should be presumed innocent. >> you don't think they should take it into account? >> no i don't. here is where the problem may lie. if he is convicted of any one of those cases, now he has a conviction on this one. 34 felony counts. so the convictions would certainly and must be taken into account. especially in the federal analysis. he has the january 6 case, the falsified document case. these 34 new york felony counts that he now stands convicted of could be a ticket to prison on those counts or certainly a strong factor. what they are going to be looking at here is, does he show a sense of accountability? does he show a sense of remorse? he has pretty much already answered those questions. we have heard his semi-crazed puppet statements out of trump tower. on friday where he continues to unfairly, evidence free, blasting the judge and the entire system. we know how that is going to go. something i think will and should be looked at very seriously, when the probation officer prepares the presentencing report to the judge, which the judge is required to consider, but not necessarily abide by. the judge makes the sentencing decision. it is the seriousness of the conviction. and you talked about the study and it is not unheard of, that people can go to jail in cases like this, but all things being equal they will also consider as they must, we have a 77-year- old defendant. no prior record. nonviolent felony. maximum incarceration time, for years. that will all and should weigh in the favor of the defendant, convicted defendant trump. however the seriousness in this case i think is rat