The man suspected of threatening to assassinate joe biden and alvin bragg is shot and killed by the fbi. And, the Pro Democracy Movement winds again. A majority still rules . The majority still rules how the republican push to remove fundamental rights lost big in ohio. Starts, right now. Were good evening from new york. Im chris hayes. Today we can see new developments in the january 6th case, the terrifying reminder of how dangerous it is when this problem defendant, donald trump, constantly attacks judges and prosecutors. Earlier today a man named Craig Robertson was killed just 45 minutes from where President Biden is set to speak tomorrow. Federal agents say they were trying to serve the man and Arrest Warrant. After robertson has made a series of graphic and extremely specific Death Threats towards the president as well as the Vice President as well as multiple individuals associated with the prosecution of ex President Trump. This comes the same week that the judge is expected to weigh in on the potential consequences for trumps own threatening rhetoric against those prosecuting him. Warren that raid a bit later. But first, today, in a pair of newly published documents, we learn new details about donald trump and his lawyers attempts to overturn american democracy and the Special Counsels attempt to hold him accountable. The first document we learned about is yet another cool memo. Dated exactly one month before january six. It is authored by a trump election lawyer can chesebro, believed to be one of the unindicted coconspirators mentioned in the jacks mitt indictment. It expands on the socalled Fake Electors Scheme and the efforts to pressure mike pence to hand the election to twang. Quote, i believe that what could be achieved on january 6th is not simply to keep biden below 270 electoral votes. It seems feasible the vote count can be conducted so that at no point will trump be behind in the electoral vote count unless and until biden can obtain a favorable decision from the Supreme Court. In other words, a scheme to declare trump the winner over the will of the people and to force biden to claw back his legitimate small d Democratic Victory via the 63 trump Supreme Court. So thats one document we got today. But its not all we got today. We also get a newly unsealed legal filing from the january 6th case, revealing that the Special Counsel successfully gained access to the ex president twitter account earlier this year. But not without a fight from the companys new rightwing owner, elon musk. Back in may it was first reported that smiths team was feuding with a Major Tech Company in some capacity. The details of the fight were unclear based on the Court Records at the time. Now we know precisely what went down. It was part of it. As part of his investigation, smith deemed it necessary to view the inner workings of trumps twitter account, although its not currently clear what exactly he was looking for. For the legal filing, quote, on january 17th, 2023, the government applied for and obtained a Search Warrant that directed twitter to release data and records related to the real donald trump should or account. Based on affidavits, the District Court found probable kora cause to search the account for signs of criminal offenses. In other words, smith was able to convince a judge that there was reason to believe that don trumps twitter account cree contain positive cause. But at this point to twitter was in the hands of elon musk, busy Building Public images rightwing trolls. The company was operating such a state of manifest discussion, smith prosecutors couldnt even get through to them, initially. I quote again, the government faced difficulties when it first attempted to serve twitter with a warrant. On january 17th, 2023, the government rages submit the papers through the companys website, only to find out the website wasnt operative. Two days later the government successfully served twitter through that website. So smith gets through to twitter or on the 19th, and the deadline lies the 27th. Quote, on january 25th, when the government contacted fritters counsel to check on the status of traitors compliance, todays council stated that she, quote, had not heard anything about the warrant. Two days before the deadline, twitters lawyer says she had no idea there was even a warrant from the Department Of Justice in the first place. At this point not only was Mask Running Twitter in a total state of chaos, according to all public accounts we have, it was clear he would stop at nothing to Court Controversy and attention for his 44 Billion Dollar vanity purchase, which was very quickly losing value. After all, he was already using the platform to spread misinformation to platform neonazis and white supremacists, and, as he told cnbc msnbc, nothing could stop him from keeping things as chaotic as possible. Do your tweets or the company . Its in the princess bride. Great movie. Where he confronts the person who killed his father and he says offer me money. Off army power. I dont care. So you just dont care. Ill say what i want to say. And the consequence of that is losing money, so be it. Last part is gonna be important in just a second. Heres a crucial part of this report deal. Smic prosecutors had to take steps to make sure mask wouldnt spill the beans about the Search Warrant. Quote, the government applied for and obtained a quarter, the District Court found a reasonable grounds to believe that disclosing the Warrant FormerPresident Trump would, quote, seriously jeopardize the Ongoing Investigation by giving him, wait for it, an opportunity to destroy evidence, change patterns of behavior, or notify confederates. Put simply, later in the filing quote, all point was to avoid tipping off the former president about the warrants existence. Mask wasnt happy he couldnt tell trump about the Search Warrant. Four days after the initial deadline, he challenge the entire process, after the deadline, on the grounds he had a free speech rage spill the beans regarding this ongoing criminal investigation of the ex president United States. Quote, in its motion challenging the Nondisclosure Order, twitter argue the order violated the companys First Amendment right to communicate with its subscriber. [laughter] the guy who banned in the platform, former President Trump. So trump said were not gonna cooperate until court rules i can talk about and then the court ruled against mask. Moreover, they held twitter in contempt for again missing the deadline to comply with the warrant. This means in addition to access to trumps account, the company had to fork over 350,000 in fines. If youre shocked to find out that smith got access to trumps twitter account, you maybe not be alone. Donald trump claims he is a lot. As well. Today he posted, just found out the Crooked Joe Biden attack lab tahrir account, making it a point not to let me know about this major hit and my civil rights. Our Senior Counsel for the committee. Good to have you both. Lets start on the twitter back and forth with you here, lisa. Okay, first of all, how common are these sorts of warrants or requests . The fairly common. I think most American People dont understand that when you have Something Like a twitter or facebook or instagram account, those companies can be served, as can google, for all sorts of electronic data and Records Associated with your account. President trump is no exception here. So they can serve these thirdparty warrants . They can go to the provider and say hey, we want this person, and again, this is for any criminal suspect under investigation, we have probable cause. We have to go to a judge first. You go to twitter and we say to twitter, directly, we have to see this account. Yes. They also apply for Nondisclosure Order for the reasons that you referred to in your wind up, which is the same reason, in fact, in the Special Counsel wants protective order in this litigation as well. You want to protect the integrity of the investigation. You want to protect the fairness of the trial. And that includes not only protecting witnesses from being tampered with or the jury pool from being tampered with but also to prevent the targeted the investigation from notifying others with whom that person is in contact and who could be under investigation themselves. Sort of dilley era dms, the block is hot kind of warning. Or develop your cover story. What do you mean . Lets say, for example, your dance convene, who is involved with trumps twitter account at the time. When he used it. When he used twitter, right. And if trump have notified of the warrant, you can say to scavino, not only delete your dms, but figure out what youre going to say about things like drafts that i had of tweets that i may have we may have edited between us. One of the things the trailer can gets location data. Where were you when you wrote a particular tweet . Did you added that tweet . Other tweets that are related to your draft folder still . Which electronic disasters had access to those are so an imprint related to those things . Those are the kind of things that i expect twitter will ask for by the Department Of Justice and Special Counsels office. Mark, let me ask you about the other document made public today, which is the chesebro memo. Its one of several. First, as someone who investigated january 6th and the various plots that went along with that, whats your Top Line Takeaway from this document as Chesebro Sort of starts to spell out, you know, what is very hard to look at is a legal playbook and more essentially a power play . I agree, its a significant document, for sure, and it seems to be a pivot point, where the strategy that had been floated weeks prior of getting alternate electors together and get them to meet on the 14th, starts to pivot into the president of the senate strategy, which is the mechanism that they can use to have Vice President pence either stop the count or count votes in favor of trump that had gone to biden, that would disrupt the Certification Process generally. Its a significant document. The select committee, what was set for us in in that documents, in other documents, later an email to Rudy Giuliani from chesebro several days later that lays it all out. It appears a pivot point in the way they are looking at this all strategy of alternate electors. I want to read a bit more for the memo, because we get to the part where, we are structurally the council. Were always which doesnt have any legal significance. Its pure from the political theatrical slash power play. Even if the and the Supreme Court lies with congress, letting matters play out this way would guarantee the public attention we riveted around the evidence of political views is by democrats or when the litigation of votes or add to trumps core part of what is happening here is, hes conceding didnt lead the Supreme Court when even by what hes doing. In other words, he doesnt think this is actually good law. Now. He doesnt. That puts him in good company with his friend john eastman. But one of the other things that youll notice in this document is he says this is going to work only have three conditions are met. And we know that two of those three conditions were never met, and yet ken chesebro, john eastman, and others in inquire ration with them continue to advance the fake electors and strategy nonetheless. Mark, one of the defenses weve heard from various people involved in this, and those include john eastman, people that are speaking for the ex president , including the ex president , is essentially, this is political hardball. It may be a key, but its not illegal. Its not criminal. And i want to redo what chesebro said in a statement, in his defense. I think this is his lawyer, actually. Mr. Chesebro is asked to provide he applied his legal acumen to these complex legal issues. Based on that exceeding existing legal president , he summarized his finding writings. Whether the campaign relied on that we hope the full indeed Special Counsel floyd recognize these issues before deciding who, if anyone, to charge. What do you make of that . Well, im not shocked by that approach. John eastman has made similar arguments in his state bar proceeding, hey im just giving legal advice. But when you look at this, as lisa mentioned, when you look at these documents together in a sequence of events, its very clear that what went from back in november, and idea that we should have contingent electors, backing up for the viewers a little bit, the idea was December 14th Electors need to meet. And the hard and fast deadline under the. While law and hey, weve got all these court challenges, and what if we win one of those after December 14th . We need to have been protected. That sort of notion in this november memo, but then by the december six memo that youre talking about that was reported on by the New York Times yesterday, it sort of, all bets are off. It doesnt matter if theyve won the challenges or whether, as long as there is a litigation pending, at least points out, that was one of the conditions. Thats where the strategy pivoted, that were going to use these electors, whether or not we go to court. Which is what eventually happened. They use the fake elector certificates to pressure mike pence to solve the certification. Its very interesting in the indictment itself, the 45page indictment, it zeroes in on this transgressive moment from a defensible legal strategy undertaken a good faith to what they say is part of a criminal undertaking to defraud the United States undertaken in bad faith. And you see here why its undertaken in bad faith. Those conditions i was referring to earlier, he says this can work, provided that they meet in compliance with federal and state law. But thats not what they did. For example, in nevada, they know that the Secretary Of State has to preside over the electors meeting. But they knew at the time, can chesebro put this in writing, the bar greek lie kasky wasnt gonna play ball. He also says that there also has to be pending on january six itself, not just after December 14th, but on the sixth, there has to be litigation pending, and every one of these states, that plausibly could lead to a trump victory. By December 11th itself almost all litigation was dead and we know from the indictment around december 13th, thats when they first get the idea to even file a case in new mexico. That wasnt filed until six minutes before the deadline for certifying those electors. Bad faith all the way down. Marc harris, lisa reuben, thank you both. Coming up, ohio voters sent a resounding message that they will turn out to protect Abortion Rights. But first, new concerns about violence from long trumps followers after utah man is killed by fbi agents serving an Arrest Warrant. Explicit and graphic threats he made that attracted the attention of law enforcement. Next. Cement next fo rmula repairs hair. As well as the leading luxury bonding treatment. 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