Evidence spells out how donald trump and his allies were just fine with riots in 2020 as the gop is, again, reviving a conspiracy about the coming election also the maga model, the vice presidential debate previews the gop's future. I believe that we have the most beautiful cousin tree in the world, the same maga messaging in more pleasant packaging and a riff from eddie vetter sounding off on donald trump for shilling $100,000, watches live at the table. Bakari sellers scott jennings ashley we, allison, bryan lanza and bomani jones with 33 days to go. Americans with different perspectives aren't talking to each other but here they do good evening. I'm abby phillip in new york. Let's get right to what america is talking about tonight. Jack smith makes his case in public just one month before the election. The special counsel is demanding that donald trump stand trial for his quest to cling to power. It is a revealing new accusation in a major filing and it shows that the former president knew the conspiracies were bs he peddled them anyway, and he did so illegally in his personal capacity. But here are some of the newer headlines from jack smith that you should pay attention to. Donald trump was told many times, many, many times by many people that these claims were false. He even acknowledged that one of his fame favorite conspiracy theorists was crazy. He was told that the conspiracies were quote, f'ing nuts. And he plotted to declare victory even if he had not won he and his allies look to spread conspiracies to create chaos one, even saying quote, make them riot when trump was told that mike pence was in danger at the capitol on january 6. Trump responded. So what the testimony, the phone evidence shows trump refused to take action during the insurrection but here's the big picture. There is a chance at the supreme court this whole immunity case out. So effectively is this the last chance that voters will have to see the evidence that jack smith has before they cast their ballot. Take that to the table. Here. I mean it is kind of unusual. First of all, for this to happen at this particular juncture. But some of it is because this case kept getting pushed back. And now we have basically jack smith putting all his cards on the table and saying, this is what we have. This is why we need to go to trial yeah. I guess the reality is, even if it goes to trial, the chances that we would get a verdict at this point before the election are very slim. I think the american people deserve to know what happened in this instance on january 6, many of us watched it with our eyes, many of us watched the january 6 hearings and her people who were close to donald trump on that day. Well, we'll still haven't really come out against donald trump in terms of being a candidate, saying that he did things that were not to uphold the constitution. And yet four years later, we're still, we solve this big question mark. I wish this case had been resolved months ago, even before the republican primary but here we are. So i still want to know all the facts, even if it feels a little late because the reality is january 6 happened and we need to know exactly what donald trump's role. New though. I mean, 11 days before in 2016, 11 days before hillary clinton and donald trump ran for president. James comey came out and had this new kind of recollection or come to jesus as we say down south. And so this isn't a new type of october surprise or anything of the sort. In fact, when you read what jack smith said, when you look at the evidence that he put forth, it's actually very sound, but this is something that's already baked into the cake. So the harris campaign, for example, is not looking and get this as some advantage. This isn't going to be, i mean, the question i have for newsmakers and journalists and those people, i remind people in a barbershop all the time. I'm not a journalist. I get paid to give my opinion. I'm a commentator sometimes scott thinks that he's a journalist to, but he's actually a commentator like me. But seeing here, coming data right? i remind people of that all the time because when it comes down to just asserting the facts of what happened we have to look at the facts that jack smith laid out. Those facts paint a very, very desperate picture by somebody who was running for president of the united states actually would like to ratify some of what my junior colleague i gotta get actually agree it is baked in. Look january 6 happened. I agree with you too. We all saw it. And people have formed opinions about it. This case has been going on for quite some time. There was a whole hearings on capitol hill, which everybody had a chance to watch. I don't think this it's filing is going to change anything. I think if you're mad at donald trump over this, you still are. And i think if you think he got a raw deal and you still think that the issue of democracy and the election was high up in the cnn poll this week, but that means different things to different people. There was a poll in georgia this week that but more voters thought trump would strengthen democracy than kamala harris. So i think it's gotten muddled as a political matter, but i agree with bakari. I do not see this changing the flow of the water in this campaign, right? yeah, i mean, look, i there is a degree to which people understand if they have a strong opinion about trump anderson jeremy, what he's about. But what are the things about this is that trump is actually running to be president. Again. And some of this information i think is pretty, i mean, let me just read an excerpt about this. This is the part about the rioting that was being discussed or when a colleague suggested that there was about to be unrest listen at the brooks brothers riot a violent effort to stop the vote count in florida in 2001 of the conspirators who's not named p5, responded, make them riot and do it. The defendant's campaign operatives and supporters use similar tactics at other tabulation centers that part of this is about the conspiracy around on trump that was maybe they were welcoming violence at this point. But you're not going to affect people with something that they have to read as maybe the most disheartening part about this. The time to get people really charged up about what happened was on the day of january 6, were seeing like everybody involved in terms of conveying the message of what actually took place, realize, hey we can't tell people is this easy to overthrow the government? and the message was tamp down at that point. After that, we saw more, we saw the coverage from other countries. We saw more videos. And so how crazy it was, not just some kooky people walking around with funny hats and doing stuff, right? that was the time to affect people now, this just feels like another time that donald trump has gone to court because the truth is, if you still need somebody to convince you one direction or another about what happened on that day. You're done for people have decided no, we are willing to vote for to do that tried to overthrow the government the last time. And even if he tries to stick around for the rest of his life, there are some people who have decided that they're willing to go from that. It's crazy to me, but it's where we are. Yeah. There's in the in this filing the special counsel puts on paper a lot of what trump was saying about the 2020 election, about whether he was going to accept the results of it. This was months before the election, even happen. And it would be impossible to hear that without also hearing what he's been saying recently, listen a fair election of it's a fair election, and what i am 100% on board, but i've, i see tens of thousands of ballots being manipulated. I can't go along with that i see that we had a fair and free election, which i hope to be able to say but if i see that, i will be you will ever see anybody more honorable than they didn't accept the results of the last election. Well, that's right because there were many problems with the last election so brian, is he seeding the ground to do what he did in 2020. Again no. Listen what he is saying is like we definitely definitely want a free and fair elections, but we don't want the rules changed at the last minute, like what happened last time in 2020 were rules were changed. One of the things about this document is that it pretty definitively debunks that. No, it doesn't yes, it does. I mean, that's okay. That's what lebanese interpretation without any stress, is no way to thanks elie in the sat test is what's going to debunk it and you're not giving the trump campaign is clearly states is that donald trump was told that he was going to lose and was also plotting before the election to say he was going to win. And it turns out in the january 6 hearings that they had the audio of steve bannon talking about this exact strategy. This is also in the document. Let's play it and what trump's going to do is just declare victory, right? he's going to declare victory. But that doesn't mean he's the winner going to say he's the democrats done more of our people, vote early that count there's voting mail and so they're going to have a natural disadvantage in trump's going to take advantage of that's our strategy they have evidence and testimony that trump was told that about how the voting works. And that he talked to people like bannon and others about a strategy to claim victory when he knew he lost. So that has nothing to do with irregularities. What's the strategy to allow that? they have is a document from her prosecutor that's putting his pipe dreams is a very thing that he wants to due to try to influence an election. What we've learned over the years in these documents and other cases that they very rarely make it to the court because when their stress test they fall off, either there's a disgruntled employee things were confused. All these other things. So just jack smith has presented his document that's the best that's going to get now it's going to get stress test between now and now in the court dates thank point is that donald trump knew he lost, claimed victory even though he knew he lost. But that is true. Let me just i actually agree with brian on the surface because there's somebody who practices law in federal courts around the country. You're absolutely right i do a lot of criminal defense work. I do a lot of civil rights work. I do kind of both sides of the table on this civil and criminal work but no one's ever seen the dove, which jack smith actually presented his case this, the depth, the nuance, the detail. It's fascinating. It's different and yes, i am actually be lisa, but that it gives a democrat for somebody who says that donald trump has a right to defend himself in the court of law the difference is that he cannot be treated as different. He's not anybody else. Yes, i will point is bakari is he has been treated differently. How it's weighing a little bit. Let me explain the court's first of all, changed new york. This is a different this is the steak. No, no, we're not talking about different. Let's let's keep him because right now when you say we're going to change how you're talking about, let's talk about this i want to talk about apples and oranges to the fact that the judge said we definitely need to hear this this hearing or we need to hear this case before an election. Why does the judge gets to make that determination? hold on for what wave it all also for asking me a question let me just add a little bit of context here because donald trump, actually, the reason we are even having this filing is because the supreme court stepped in to say donald trump gets to be treated differently. He has we have to adjudicate reason. We're having this filing is because jack smith's advance look, it's not deserve to be treated like it looks like celebrate recently facts that's why we have you let's be clear, is because the court now has to decide which of these allegations actually get to be tried because donald trump as a former president, has, according to the supreme court, some presumption of immunity for some of his actions. That is literally the definition of being treated differently. That's the differentiation of every president actually benefit is the definition of every president getting that benefit, not just president trump. That's the definition of president biden getting that benefit. Does the president of everybody going forward, the supreme court said, every president gets down saying, is that the old mean he's not being treated differently is that an accurate abby treated differently? lee is that of course, has said there are some things that he can do. The supreme court the american president can do certain things. Do you think joe biden doesn't have the supreme the supreme court's coverage on this. Do you think the next president is my only point is that what's the house other than that? that he's actually being treated differently in this case. Well, the evidence is jack smith wanted to accelerate this case we've all heard about it. We've all seen it. And that's never happened before. He's old. But is that about donald trump in particular, were in the face of an election and he's actually running forward in the face of all of this, like the absurdity of the idea that that disqualified or rather the first place, we skipped all over that step and we get to right here, it has to be accelerated because we got this thing, this hard to get say this i said that the cake was baked. I think it's at the point where if you open the oven a cake, it's still fall. And i think donald trump should fall as a candidate because last night we watched his running mate refused to acknowledge whether or not donald trump has won or lost that election. And i think the issue is is that if you can't even knowledge that you lost in 2020, i'm curious to see. Do you think that donald trump can let me finish the war? did you think donald trump lost the election in 2020 less, i'm not going to, there we go. Why this case disagree with you and i know i'm not i disagree with me when i wonder i got my point because her mom i know because i'm not going to run i can about cakes. Let me cook. So you're ok. So if you don't want to talk about that, that's why it's so important that this case actually be litigated is because the reason why we're in in this situation is because you all can't accept the facts of democracy when you can't accept the facts of democracy, you'd try to overturn cornyn because you aren't behaving as good quality americans who are believed in what this country was founded on, quite dangerous what i love ashley tried to enter it. All my heart. I know multiple times. Let me just give you some advice. I wouldn't go down this way by reading amount no i disagree with her because i think that we're at a point now where the only way that you can preserve democracy is to beat donald trump at the ballot box. And i think that as much as we want to say that the agreement that the judicial system in the court and the rule of law has a role in they do. Yes the timing of that is fast as you want to say, is jack smith is trying to move it, et cetera the only day that we have to determine whether they're not democracy is what it is. It's november 5, correct. And it's actually already arrived in the most amazing thing is if donald trump wins the presidency of the united states, again then maybe our comments about what democracy is and who he is. Maybe we have to rethink those things. I hear there's a difference. Hold is that if he wins but the rules, i won't storm the capital but here's, here's the thing i might be there. There's a thing because we started this segment by saying this is in the hands of voters. Yeah, that's actually what this is about. This is not actually about this getting solved before election day. This is about voters and the facts will matter to some voters, but the jury here that the people are looking at this case, commercial, looking at the new york case, but they're looking at it. Looking at holistically, like all the cases he's been in involved in. And we'll see what the people wanted to do. They have the facts. Yeah. Everyone stick around coming up next to equal to 2020 is underway right now in one key state, republicans are pushing dominion conspiracies, yet again, plus is what we saw from jd vance, the future of maga just packaged a little different we'll discuss that he is the smar