>> 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 rather unique. usually they are like falsifying business records to get out of paying taxes. they are skimming money off the top. accountants working together. the connecting charge here was a violation of new york election law. the essence of which two or more individuals engage in a conspiracy in order to prevent someone from being elected or get someone elected. this was getting someone elected. who were the conspirators in this case? donald trump, david pecker, michael cohen. so that election charge, that is the felony bump up charge. >> right, like in the case we talked about with the construction guy it was bribery, in furtherance of a bribery scheme. >> that means the unanimous jury found falsification of business records and a violation of new york election law. my view of that is that is called corrupting an election. corrupting a presidential election. by the way, not corrupting a presidential election where donald trump in 2016 beat hillary clinton in a landslide. it was a squeaker. i believe roughly pennsylvania, wisconsin and michigan were a total of 80,000 votes. now the essence of the conviction is that it was to ensure that the stormy daniels story would not break in the last two weeks of october. right on the heels of the access hollywood tape. and by the way, at the same time hillary clinton was getting hit with the comey investigation. >> right, so it is arguably -- >> it was a volatile mix. we will never know if trump one because of that, but we will know that he is convicted of 34 felony counts that in essence corrupted the election in new york state. the presidential election. in my judgment that is about as serious a version of falsification of business records being bumped up to a felony as i am aware of. >> that is very well said. thank you very much. >> thank you, chris. still ahead, another trump lawyer gets charged again for trying to steal the 2020 election. the ongoing state-level effort to hold the trump gang accountable, next. but just ok isn't ok. and i was done settling. if you still have symptoms after a tnf blocker like humira or enbrel, rinvoq is different and may help. rinvoq is a once-daily pill that can rapidly relieve joint pain, stiffness, and swelling in ra and psa. relieve fatigue... and stop further joint damage. and in psa, can leave skin clear or almost clear. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin; heart attack, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death. serious allergic reactions can occur. tell your doctor if you are or may become pregnant. done settling? 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>> correct and the staffer was so nervous that she texted, i feel like a drug dealer. >> she's talking about the drop. she says i feel like a drug dealer because, and i want to stay on that for a second, because we've seen that before. john bolton described rudy giuliani's shenanigans as, i don't want to be involved in whatever rudy's drug deal is. what that term is, as i know there is something illicit happening. when you have someone say this feels like a drug deal, right, you understand that this is not on the level. >> no, this is not on the level and one of the things that is also here is the fake electors, prior to bringing up this indictment, were subject to a civil litigation brought by a number of people including our friend and colleague mary mccord. when they settled that they not only admitted wrongdoing, but essentially said biden is to lawfully elect the president. we were told we needed to do this to preserve the campaign right and we were tricked because we didn't understand that by signing this they would continue this scheme irrespective of whether they won or lost the litigation. >> if i am not mistaken, i don't know if we have the documented self as an element, but chesebro himself in one of the documents uses the term, weaponized, to describe how he wants to marshal the electoral count act, which guides the process. >> i think it is important when exactly he says this and the scheme of events, too. on november 16, through their friend reince priebus, they go to the white house to meet with trump. the substance of the conversation is not discussed here, but another reporting that basically went to talk to him about what the prospects could be going ahead and they were warned. don't get him overly excited and that is exactly what chesebro did. the next day he is trying to be a moderating force and says look. things would've been better if we had one litigation, particularly in wisconsin and other courts, but we still have a chance if we can weaponize the electoral count act and use it as a cudgel to show the democrats are relying on a clearly unconstitutional law to circumscribe the rights of people to debate this in the senate. >> the pictures we were showing, taking the pictures of the fake collector ceremony. >> with his mask on. >> i thought of the hollywood trope of the arsonist that comes to watch the fire. there he is, taking it all in. lisa rubin, thank you very much. still to come, just how well do you remember what donald trump was saying about climate change when he was president? 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[ryan laughs] in a fox interview this weekend, donald trump said maybe the dumbest thing ever spoken about climate change. and let's be clear, there has been a lot of competition. >> when they say that the seas will rise over the next 400 years, 187 inch, which means basically you have a little bit more beachfront property. think of it. who knows. >> it is not 1/8 of an inch. that is a genuine real estate genius. the seas rise and there is more beachfront property. are you sure about that? donald trump owns some beach property himself, two acres of it in fact at mar-a-lago in florida. thanks to, change that sandy beach will undergo rising waters and is in the path of what is expected to be an extremely active hurricane season with scientists forecasting 17 to 25 tropical storms and 8 to 13 hurricanes because the north atlantic is unprecedentedly warm thanks to climate change, so keep an eye on that. of course donald trump's bad joke just goes to show he and republicans at this point have given up even trying to deny climate change is happening and now they are cracking jokes and pretending it is no big deal. in reality, what we do about the carbon pollution that is warming the earth is about the most important issue in the upcoming election and presents one of the stark differences between the candidates, the parties, and the governing coalitions. here is the thing and i don't think people appreciate this. over the past two years we have seen the most seismic transformation in our production of energy since the dawn of the industrial revolution, when we started using fossil fuels at scale. that may seem like a stretch. i know that is a big claim, it is not. it is the single most important story about the pioneers because the transportation -- transformation has been spurred by the inflation reduction act. the biggest climate investment in u.s. history. in just one year, private companies announced over $110 million in clean energy manufacturing investments. in 2023 the u.s. generated a record 164,000 gigawatt hours of solar power. the energy department expects that to grow 75% by 2025 and get this. this year the u.s. department of energy says 81% of all new power added to the grid, 81%, will be provided by solar power and batteries. only 4% will be fossil fuels. this comes amid new research showing china may have already hit its peak of carbon dioxide emissions, because it is competing with the u.s. now. rapidly growing its power generation. this is a shocking turnaround for the world's biggest carbon emitter. in fact according to another estimate, global carbon emissions may have peaked last year. now at least here at home the question is whether or not this transformation, which is really, finally, belatedly, way too late, actually happening. whether it is continued or destroyed by donald trump and the fossil fuel executives from whom he is soliciting $1 billion. that is what is on the table in the selection. he time ♪♪ our cleaning pad has hundreds of scrubbing strips that absorb and lock dirt away, ♪♪ and it has a 360-degree swivel head that goes places a regular mop just can't. so, you can clean your home, faster than ever. ♪♪ don't mop harder, mop smarter, with the swiffer powermop. i don't know how long it's been there. long enough to produce eggs, it seems. it would appear that it has begun moving towards us! visionworks. see the difference. ♪♪ mom genes. she passed them down to you. but who passed them to her? those mom genes are a big part of you. ancestrydna can you show the people and places they came from. ♪♪ discover the traits you inherited, the places where they started, and the people you share them with. your genes are one of a kind, find out why with ancestrydna. for moderate to severe crohn's disease skyrizi is the first il-23 inhibitor that can deliver remission and visibly improve damage of the intestinal lining. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. control of crohn's means everything to me. ask your gastroenterologist about skyrizi. ♪ control is everything to me ♪ learn how abbvie could help you save. (tony hawk) skating for over 45 years has taken a toll on my body. ♪ control is i take qunol turmeric because it helps with healthy joints and inflammation support. why qunol? it has superior absorption compared to regular turmeric. qunol. the brand i trust. in an interview with time magazine joe biden was asked if benjamin netanyahu is prolonging the siege of gaza for his own political gain. he responded there is every reason for people to draw that conclusion. this comes after the times of israel reported that they said that he will not agree to an end an exchange for deal. two far right parties that are part of the governing coalition are explicitly threatening to quit the government if the deal is accepted all of which makes it odd that he has extended the extremely rare privilege of addressing the u.s. congress as soon as next week but for bipartisan leaders of congress. chuck schumer has already called for netanyahu to resign. the fact that he spent his entire career actively working to get republicans elected over democrats here to say nothing of the moral catastrophe, the chief prosecutor of the international court is seeking an arrest warrant for netanyahu on allegations of war crimes. bernie sanders recently announced he will not be attending his speech before congress. senator, was the democratic caucus in the senate given input into this decision to invite him or a heads-up?>> that's a good question. to the best of my knowledge, there has been very little debate on this decision. i speak not just for myself but for a number of other senators who think that decision is a very bad one. you do not honor a foreign leader by addressing a joint session of congress who is currently engaged in creating the worst humanitarian disaster in modern history of this country. as we know israel has a right to defend itself against hamas terrorism and the terrible attack of october 7th, but what it is doing now is going to war against the entire palestinian people, and what we are seeing now is starvation and famine impacting thousand thousands of children. the architect of that policy is not someone you honor by bringing to the u.s. congress in my view. but i want to play for you something that the speaker of the house had to say about you specifically. i want to give you an opportunity to respond. he is one of the leaders that invited him. here's what he had to say about your objections to netanyahu coming. >> this is a time to choose a side. bernie sanders wants to side with the terrorists, so be. if other democrats want to do that, it's on the. i pray and expect that most of the members of the house of both parties and senate will join us for this historic address. what do you say of being accused of siding with the terrorists. but that is a disgusting lie. he said it yesterday and said it again today. if you are part of the maga group right-wing republicans, you just say lies over and over again and you hope people believe them. as i've said from day one of this war, what hamas did is atrocious. the leader of hamas is a war criminal and should be in jail and israel had every right to defend themselves against hamas. but what mike johnson is doing is what right-wing people do. back in the day if you stood up for civil rights or social job they called you a communist. if you are prepared to take on netanyahu's outrageous war against the palestinians, they claim you're sympathetic to terrorism. it is a lie and i'm not happy with what he's saying. >> it is more than rhetoric that the house today, a minority of democrats voting for this provision. they passed legislation today that would sanction against the international criminal court for its move to issue arrest warrants for benjamin netanyahu another officials for war crimes . the bill is unlikely will get the vote in the democratic senate, but i suspect you would not support that. but i want to ask what you think about the house passing it. >> needless to say, i would not support a. the function of the icc is to implement international law. the geneva convention and other laws established after the horrors of world war ii. last year the icc said that vladimir putin started the worst land war in europe since world war ii. he is a war criminal. last month they said that the leader of hamas is a war criminal for having started this war and the atrocities against innocent israelis. key is. but netanyahu, who is bringing about an unprecedented humanitarian disaster. destroying housing and healthcare system in creating conditions in which thousands of children could starve to death, that is a violation of international law as well and he should be charged. >> the president came forward and announced an endorsement of the contours of a deal that had been a deal, and there is a lot of back and forth on this. but the contours of a deal between israel and hamas release of hostages, and maybe a transition. he was attempting to try to stop both sides from backing out of the deal publicly. what is your reaction to him attempting to do that, and do you have hope that this can happen? >> i disagree with the president's general policies toward israel and what's happening in gaza. but he is trying on occasion to do the right thing. and anyone who is aware of the level of suffering and destruction in gaza wants an immediate cease-fire. you need massive amounts of humanitarian aid to save thousands and thousands of children. and netanyahu undermines the president of the united states. and let's be clear. this is not some abstract war being fought in another part of the world. as americans our tax dollars are funding this war so when netanyahu was saying, oh thanks for the $10 billion for military aid, but we are not going to listen to you. i think it's outrageous and that's reason for 65 what he should not be invited to speak to the joint session of congress.