They are honing in on how to remind people of what it was like during donald trump's years. While kamala harris is focused on prosecuting the case against her opponent for the voters donald trump the convicted criminal spend his day fighting his many court battles. This afternoon in the york criminal hush money case the judge decided to postpone donald trump's sentencing until tuesday, november 26. Three weeks after the presidential election. Explaining his decision the judge wrote the public's confidence in the integrity of our judicial system demands a sentencing hearing that is entirely focused on the verdict of the jury and the weighing of aggravating and mitigating factors free from distraction or distortion. The members of this jury served diligently on this case and their verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election. And set of goals appeals court a little over a block away from the state court where a jury unanimously found donald trump guilty of 34 felonies donald trump appeared in person to try to overturn another unanimous jury's verdict that he is liable for sexually assaulting and defaming the writer e. Jean carroll. Today a panel of appeals court judges appeared skeptical of the argument by the lawyer including the assertion that would donald trump set on the infamous access hollywood tape should not be admissible as evidence. I believe i could lose all the propensity evidence and still be harmless error, except that the access hollywood tape, as judge kaplan noted in his posttrial motions. What about the argument whether it is new or not that is not propensity evidence but it's a confession. How do you respond to that? it's hard to see how it's a confession because that is the underlying problem that they do not point to any specific incident it is a confession of. It's a confession. A confession. Remember that right after you said when you are a star they let you do it. That is about everything from bragging about sexual assault and women to encourage input into interfere to hurt his opponent. To attempting to extort ukraine to sabotage his 2020 upon and working to overthrow the election after he lost. Republicans were in fear for their lives as insurrectionist from the capital january 6th. They let him do it. They did not vote to convict him and bar him for ever. Their voting to return him to power in november. Today trump parked himself in front of television cameras and boston unhedged tirade against e. Jean carroll. Another woman who accused him of sexual misconduct that we will not air on this program. It was as the washington post noted startling even by trump's combative standards, potentially reminding voters of incidents that were little known or forgotten at times. He seemed to relish using graphic language and characterizations of the case brought by advice columnist e. Jean carroll which could expose the former president to further legal challenges from carol's attorneys. Kind of her to overturn a negative verdict in a defamation case when you keep defaming the same person with the same lies over and over again. Also maybe not the best idea for donald trump to be given kamala harris fodder just days before the debate. He represents lawlessness. One set of rules for everyone and no set of rules for him. Earlier this week the former republican congressman announced today her father will be breaking with his own party and voting for the democratic nominee for president. Do you know who you will be supporting or voting for? he will be voting for kamala harris. Okay. Wow. Words i never expected to hear. Yeah. You know. If you think about the moment that we are in and you think about how serious this moment is. My dad believes and he said publicly that there has never been an individual in our country who is as great a threat to our democracy as donald trump is, and that is the moment that we are facing. He threatened to go after his political opponents because he is mad he has been prosecuted for his lawlessness. Two can play at that game, he said. That is exactly why liz cheney warned he should never be given power again. The idea that you have the president of the united states whose fundamental duty is to defend the nation and to ensure our laws are faithfully executed. That he would watch in assault that he instigated. He would watch this take place on television. He would ignore the pleas of people to tell the mob to leave. And he would do that for over three hours. I do not care what your policy perspective is. Do not care if you are a democrat or republican or independent. You cannot look at that behavior and come to any conclusion other than that is depravity. And you cannot give somebody like that power ever again. Joining us now is an opinion columnist out the washington post. Also former united states attorney and professor at the university of michigan law school. They are both msnbc analysts and friends of the show. Thank you for being here. Let's start with the judge's decision and reasoning in which he said this juries verdict and deliberations deserve to be respected and the something deserves to be not distracted by other things including an election. Sounds reasonable, but there are a lot of people who think it is justice delayed in justice denied and that he was always going to use the election to distract from whatever legal proceedings he faced. I am among those disappointed in the decision because it suggests there is one set of rules for donald trump, a former president and a different set of rules for the rest of us. The rule of law says that everybody should be treated the same. Now with that one exception of a former president who is acting with the official scope of his duties. It is disappointing, but having read the opinion it did soften my stance a little bit because what the judge says it pains me to do this. It is not really any favor to donald trump. What he wants to do is to honor the verdict of the jurors who deliberated and decided the case returned 34 guilty counts against donald trump and he wants the sentence to be free from distortion and distraction that will inevitably come if the sentence is imposed before the election. 's goal is to maintain public confidence in the system and not allow this to be just another talking point for donald trump as he plays the role of the martyr. Distortion and distraction as donald trump incarnate. The other court matter he was dealing with was in the matter of e. Jean carroll and having been found guilty of both defending her and sexually abusing her. He said the same things that he said that got him in trouble for defaming her and keep saying been. Exactly. His attorney and very good attorney said all options remain on the table. This is the gift that keeps on giving. Every time he does this is sets up e. Jean carroll three or four. An endless parade of cases. He made an interesting point at the top of the show which is what is the benefit to donald trump of doing this? it cannot help him with voters. It sounds unhinged. It is going to offend people and magnify his been favor to people who have may not been aware of it and i come back to the central premise, which is he cannot help himself. This is a mentally and emotionally and morally unwell person. Unfortunately we have not always been able to see that, but i do think that he cannot help himself. That is one of the reasons why kamala harris and her team wanted to have the microphones unmuted during the debate because they see how unhinged he is. He is a very good judge. In that sense perhaps we are spared another session with a supreme court that has lost the confidence of the american people. I want to talk about something else he said again, and he talked about the fact that of the allegations against him as they relate to e. Jean carroll he would not have been attracted to her, but that is not what he was saying. It was not the kind of person i would have a sexually assaulted because she is not hot enough or whatever the case is be given to prosecute these things in your life. There is a method that is where sexual assault is. It's not a violent crime but about power. Absolutely right. I'm glad you are giving us a chance to highlight that issue. This is yet another myth about sexual assaults. Physical attraction. Sexual assault is a crime of power of dominance. It has nothing to do with one's type or the attractiveness of the survivor. Certainly not the way the survivor was dressed or what they had to say. This is one of the reasons that the e. Jean carroll legal team had a strong argument about that. The reason evidence of other acts came into play is because it demonstrates this is the way that he rules but that was important to the jury in making its decision. The discussion about how he is going to vote for kamala harris. Definitely intriguing. That said, at some point who do these republicans were going to vote for harris who does that work for? who does that benefit? fundamentally that has a lot more to do with donald trump and kamala harris probably. That is right. I have to give them credit. At least they have put their money where their mouths are. You either believe in democracy and the rule of law and think he is a threat or you don't. I think the remarks that you played earlier in the segment were right on the money. It pains me to say they are somewhat isolated. Where is the former president and former members of the senate? where are former governors who do not have to face the electorate or members of congress who are retiring? there are far too few voices willing to do this. That is why we have donald trump because republicans have been cowardly and have enabled him and this is what happens in an authoritarian takeover moment. That is people who have the obligation to stop someone don't. That good people do not do what they should. One of the things that people talk about. Kamala harris is a prosecutor, like you are. She understands how to make a case to a thirdparty, which is a judge or a jury. Tell me how that plays out in the debate on tuesday. Is kamala harris going to go for donald trump or is she going to be convincing other people about who donald trump is? i think so. She has decades of experience presenting cases to juries. Her heart and soul is where she came up as a ranking file prosecutor arguing cases to a jury. I expect her to be dispassionate to focus on facts and evidence. To be playing for logic as well as an emotional appeal. I think that she will not be rattled. I think when donald trump comes at her, as i am sure he will with all kinds of claims and halftruths if not outright lies. She will be cool and collected and respond to them with facts. That is how prosecutors are accustomed to preceding. Used to having the tables turned on them and attacked. I think this is what she was made for and an aspect of the campaign where she will excel. Thank you for kicking us off tonight. Appreciate it, as always. North carolina's legislature with a recent history of electing democrats statewide has been coming a focal point for democrats and has gotten republicans on the run. Josh stine joins us after the break. Break. Your shots together too, your covid19 shot and your flu shot, at the same visit, as recommended by the cdc. 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That's the kind of vice president i have been, that's the kind of president i will be, and i think that is what the american people want right now. With two months to turn the page north carolina appeals court ruled robert f kennedy junior's name should be removed from the state ballots it just as the first balance of the 2024 election were to be mailed out. Donald trump was in that key battleground state today where he accepted the endorsement of the fraternal order of police in charlotte. That endorsement from the nation's largest police unit comes despite the fact that donald trump is a convicted criminal facing prosecution on many other charges and repeatedly said he would absolutely pardon january 6th writers including ones who assaulted police officers. Let's not forget donald trump was also criminally indicted for his rule on the largest single day mass assault of law enforcement. Republicans in north carolina are seeing worrying signs in the race for governor. :