Tonight, what happened when Classic TrumpDelay Tactics meet judge Tanya Chutkans courtroom. Then, as the d. C. Grand jury continues to meet, a coconspirator spills the beans on tape. This is an existential threat. Thats the stakes. And trump seems to understand it. Plus, a new motion in Fulton County, and senator Raphael Warnock on the ground in georgia has ground zero for democracy. What we know about todays massive vote for reproductive rights and beyond in ohio. When all in starts, right now. Good evening from new york. Im chris hayes. We now have the next court date in the case of the United States versus donald j trump. Washington d. C. , judge Tanya Chutkan, set a hearing date for this friday at 10 am eastern. That hearing will discuss the fight over a protective order. Special counsel jack smith wants rules to be established for what defendant trump can and cannot disclose publicly about evidence in the case. Prosecutors say the ex president wants to, quote, try the case in the media rather than the courtroom. The ex president trying to stall his criminal trial has a different take. Crooked joe now wants the thug prosecutor, this deranged guy, to file a court order taking away my First Amendment rights so that i cant speak. We dont want you to speak about the case. I will talk about it. I will. Theyre not taking away my First Amendment. [applause] thats false, to be clear. A protective order is not a gag order. Its routine. It will be the subject of Fridays Court hearing, whatever donald trump is saying in the microphones. Of course this got started on friday. Thats the day after trump appeared in Federal Court in washington, d. C. , and pleaded not guilty to four felony counts. When trump posted a threatening message on social media that, quote, if you go after me im coming after you. Within hours of that obvious explicit threat, jack smith asked d. C. District judge Tanya Chutkan for a protective order. Team trump said she said trump saying they were violating his rights. Late last night judge chutkan said she will set a hearing on the issue. You guys can both argue your sides, and she said you know what, give me some dates this week. Lets do this now. This week for hearing. And so jack smith his team said we are available this afternoon, thursday, friday. And before i tell you, just take a second to guess. Into your guesses in about what the ex president s lawyers wanted. They said, how about next week . Thats right. Trumps team requested a hearing on Monday Or Tuesday to allow both of his attorneys to appear. They did say they could make thursday work if needed, but they would prefer a next week, and interestingly, and without adding a any explanation they wrote that, quote, we lost friday as an option. Well, judge chutkan, Just A Little while ago rejected team trumps proposals to delay the hearing. She doesnt seem to care that trumps team lost friday as an option. Friday has now been found. Both parties will be required to be in court on friday. Trump doesnt have to appear. Of course, look, at some level, its a small scheduling thing. This happens Tens Of Thousands of times a day, probably, around america. But it illustrates so much about this case. Not just about the case, where we are, the broader question, the fundamental question before the country. First of all, everyone, and i mean everyone, knows and understands the situation here. The judge does, the Special Counsel, trumps lawyers, trump, you, me, everyone watching. He wants to delay the trial. He wants to delay the trial long enough so that he can be elected president soaking it into the white house and escape accountability for his flagrant, and, in my mind, in the mind of Special Counsel, criminal attempt to destroy americas Constitutional Republic and turn it into a dictatorship. His attempt to throw out millions of americans votes and subject them to a here too for novel form of american tyranny. He is trying to throw as many delays at the system is possible. Its the thing that he is probably best at. He has done it his entire life. You see, The American Legal System has utterly failed to constrain donald trump through multiple decades of doing this. Rather, it has abetted him and nearly every turn. Because the waste the system in america often works, and has worked in this case, is that you get as much due process as you can afford. A constitution guarantees a minimum, a floor, although often thats often but you can just get as much as you can afford. Donald trump can afford a lot of it. And he likes to buy it. We have seen him do it over and over again. This is it. He is ammo when it comes to legal battles. Delay, delay, delay. Gum up the works. Slow things down. And here he is again. Try to do it in this case. Tell me that by this week we are for your free. Well, were free next week. We saw him do it last summer. After the Search Warrant served in the classified documents case. Hes excessively day the governments access to those Sensitive National security documents, understanding, even back then, theres a limited amount of time. Hes running against the clock. When he took the battle over hundreds of pages of white house records all the wage Supreme Court to try and block the january Six Committee from obtaining them. Theres a clock. Hes running it out. And back decades, literally decades, into his professional previous career as a real estate developer, when he would use the court system routinely to screw people. He would just stiff people but did work. Then they would have to sue him to get their money. But of course, think of the asymmetry here, suing him would itself cost money and time. Back in 2016, usa today found that, quote, at least 60 lawsuits along with hundreds of leans, judgments, and other government findings, document people who have accused trump and his businesses of failing to pay them for their work. My notion of things, thats stealing. But i digress. Among them, a dishwasher in florida, or a Glass Company in new jersey, a carpet company, a plumber, pagers, 48 waiters, dozens of bartenders an elderly waiters in his clubs. And maybe years later, after all the due process of the vaunted american legal system, with Donald Trumps lawyers, maybe a few that stiff bartender or carpet cleaner, maybe you get a check for the money owed, for the fraction of it. Or maybe you give up and he just walks away with your money. The question now is, can he do that to the country, to all of us . Can he do it in the Special Counsels office for the crime of trying to destroy and up in the republic . To their credit, jack smiths office now seem to understand this. They have built their case for speed by only charging the ex president. The january six Election Investigation in fact today the d. C. Grand jury investigating the criminal conspiracy, the one that handed down those indictments on four counts, they met. And yesterday former new York City Police commissioner and Rudy Giulianis chief Election Fraud investigator bernie kerik sat down for a five hour talk with investigators. The investigators asked her about the save america packs amazing Fundraising Hall after the attack on the capital. There is always a possibility of superseding indictments because we saw that in the document cases were separate indictments. There are, as we know, seven unindicted coconspirators. One thing is clear. Every party understands that this is a test of what the Legal Process that trump is used and abused for decades to escape accountability will be used to give him another shot at control over a country whose government he tried to destroy. Christie greenberg is a former federal prosecutor for the Southern District of new york which she served as deputy chief for the criminal division. And sort of the Public Integrity unit in the Department Of Justice. Both join me now. Let me start in his speed Process Question for you, kristie. The judge says give me dates. The lawyer says ah, we cant make this week work, she comes back and says friday it is. What do you make of that . Trumps team never said the friday didnt work for them. Video said friday wasnt an option because the judge had asked them to come up with dates before three days so she seized on that. Hey you didnt say friday didnt work with you so im sending it for friday. She is not messing around. Shes not tolerating delays. She knows she needs to get a protective order in place so the government can produce the discovery this. Where shes cutting off Donald Trumps arguments which are inevitably going to be oh i didnt get the discovery, oh its taking so long, theres so much here to review. Shes making sure that within a week or so of this indictment the government is going to be in a position to provide that discovery so there are no delays based on that argument. Paul, youve written about this as a scholar, youve talked about your own experiences as a prosecutor in the federal system. You did public corruption trials, but also the way the public criminal Justice System works in general. Personally i find it so enraging when i think of the thousands of people who are in pretrial detention across the country. They cant bond out. They have quarter pointed lawyers with insane case loads. Desperately trying to scrape together some kind of defense. And then you look at what this guy has done with the legal system and what he is trying to do now to use every single procedural mechanism to delay and avoid accountability. This is where some of judge chutkans former experience as a Public Defender may play a role. Thats interesting. Everybody in d. C. Public defender says system is acutely aware of those inequities and thats one reason they wanted to work in that office, to make a difference. We know that over the years trump has been involved in nearly 4000 lawsuits. But it wasnt until april when alvin bragg brought those charges in manhattan, thats the first time that trump has been prosecuted in criminal court. And they are the stakes are higher. Its not just money on the line. But his freedom. Even in those civil cases, trump actually lost a lot. The opportunity Generals Office did. But youre, right trump has often used lawyers to try to delay accountability, to have a more difficult time in a criminal case because of the law that both sides have a right to a speedy trial and frankly because judges are on to trumps game of trying to manipulate the system and even conservative judges have pushed back. Theres also the issue of, obviously this is a singular case in american history. There is really, i mean ive never seen anything like it. Berger tried for treason after he tried to announce himself king in the west years ago. Maybe thats the closest analog. A great chapter in american history, look that one up. But basically we never had anything like it. There is really no apples to apples comparison here. Now youve got a defendant. Lets just say hes just any defendant. If you threaten we are threatened you. This afternoon. Kristie, talking about the judge, the obama appointed judge. He then goes into a Conspiracy Theory about a Conflict Of Interest that is taken from a Website Publishing some of the most ludicrous and easily debunked aspects of the big lie about how joe biden lost the election. So thats where hes getting, thats where he sourcing it. So lets try to sink, kristy, if this were any other defendant posted on social media about the judge, what would you expect . First you look at the serious nature of the charges that are involved here. And january six charges talked about exploiting violence, exploiting a Mob Mentality in order to get to overturning the results of the democratic election. So given the nature of the seriousness of those charges and his dangerous rhetoric, i would hope that judge chutkan wastes no time here in creating a record that would support, eventually imposing a gag order. I think first shes going to call him in and talk to him about this and issue a stern warning. But we have seen that doesnt work. In manhattan judge marchand asked nicely. Well asking nicely didnt work. The next day he was attacking the judge in his family. If this were any other defended attacking judges, attacking prosecutors, and not just criticizing them. Again, you have the First Amendment right to criticize your judge or your prosecutors. This is about threatening them. Threatening them with violence and knowing that you have a platform that most defendants dont have and that people will listen to you. They listened to you, your base listened to on january 6th, and they most likely there are supporters who are listening now. So the stakes are so high. So she really needs to take this seriously and start now and creating a record that this type of wrecker rhetoric, these threats are not going to be tolerated and that she will not hazily hesitate to impose a gag order if he continues it. Your point about the continuity between what is alleged in the indictment in this kind of behavior is well taken. The Department Of Justice and the Special Counsels office in their briefing on this say the defendants coldests conspirators practiced pug publicly targeting individuals, and it seems obvious that that is what is being done here as well. Yeah. So this hearing on friday will be out about a protective order that restricts how defendants can use evidence that is made available to them. A gag order is much barr broader. It prevents party from discussing the case at all. Protective orders are common, but judges dont like gag orders because they implicate First Amendment concerns. And chris, i think the fact that a criminal defendant is a leading president ial candidate is going to prove sent some fresh issues for courts. Totally. For instance, Magistrate Judge ordered trump not to talk about case with witnesses. Imagine Republican Debate with both trump and the former vice president. This could be a witness for the prosecution in this role. Trump could trump in his debate not engage on january 6th . I think the answer is no, but all the judges than previous criminal prosecution of trump will have to address these issues. A good point, and there are real constitutional issues around the First Amendment here, independent of some of the bad faith arguments being made. Kristy greenberg and paul butler, thank you very much. Coming up, don trump has already been indicted three times in four months, where there could be another any day. Senator Raphael Warnock joins me on the president s attack on his states elections. Trumps own legal advance advisers talks about how to overthrow democracy, and he does it on tape, next. There are six alleged coconspirators mentioned in Special Counsel jack smiths latest indictment of donald trump for attempting to steal the 2020 election. We know that one of them is likely john eastman, the lawyer who advised trump that mike pence could unilaterally choose the next president on january 6th. Last year federal agents seized eastmans phone and a judge ruled that he had, quote, more likely than not broken the law. Just last week eastmans lawyers admitted in a court filing that their client had renewed an intensified concern that the government might bring charges against him. If you thought eastman might lay low, but youd be mistaken. He just gave an interview to his friend, rightwing donor michael. Get a good sense of the legal advice don trump was getting inside the white house. We are talking about whether we are going to, as a nation, completely repudiate every one of our founding principles, which is what the modern left wing, which is in control of the democrat party, believes, that we are the Root Of All Evil in the world and we have to be eradicated. This is an existential threat to the very survive ability, not just of our nation, but of the example that our nation properly understood, provides to the world. Thats the stakes. And trump seems to understand that in a way a lot of republican Establishment Types and washington dont. And that means a stolen election that force the will of the people trying to correct course and get back on a path that understands the significance and the nobility of america and the american experiment is really at stake and we want to fight for. It was a provision in the declaration of independence that says a people will suffer abuses while they remain sufferable or tolerable, where they remain tolerable. But at some point abuses become so intolerable that its not only their right but their duty to alter or abolish the existing government. So thats the question. Have the abuses or threat of abuses become so intolerable that we have to be willing to push back. Okay. At least publicly you could say john eastman is sticking to his guns. He even se