Christie . I dont. Youre even more expressive. I admire it in you. I dont have that chip. But i admire it. Thank you, nicolle. Good to see you. Thanks to everyone for joining us on the beat. Were all returning from this holiday weekend. I hope youre ready to dive back into the news. We have Breaking News nicolle was just reporting on. We also have lots to cap up on. Reports of trump allies turning on him in the rico case. Where seinfeld meets legal accountability. Really. For all the talk about whether defendants believe their own lies, we will break down that costanza defense and its problems. Also tonight, Chai Komanduri back with us on a chai day for the data one Talking Point is turning into a loser. Right now, Breaking News, a reckoning for the militant violent lead earth of the January 6th Insurrection. Breaking news in the last few moments, a judge handing down an extraordinarily stiff and historic Prison Sentence for insurrectionist and proud boyce leader Enrique Tarrio. 22 years in federal prison. That is now, as of today, the longest Prison Sentence associated with the January 6th Insurrection. It reenforces how these sometimes slow wheels of justice keep turning. He was convicted in may. With this sentence he joins roughly 600 total individuals convicted of crimes related to the storming of the trial. Others await charges, others await trial. Those were for all them on site. The new charges are against trump aides and political elites who are not primarily at the physical insurrection itself. They stand accused of related crimes and plots with the same Overlapping Set of goals steal the election, use fraud as a pretense to help efforts, to try to hijack that january 6th certification. Todays 22year sentence and these other indictments and pending trials are a complete crystallization of how this is all going now. Lets take a look just briefly at how according to many it started, with trump and his aides planning ways to steal the election before people voted work then President Trump infamously publicly refusing to honor something that every president all the way back to nixon has honored from nixon back to washington, that you respect the outcome of the election in a democracy. He said the opposite, and then proved that he meant it. Then he said this about the now convicted proud boys and their leader when asked to condemn them. You willing tonight to condemn White Supremacists and militia groups. Proud boys, stand back and stand by. They did more than stand by. Now, that was a low point for any sitting president in modern history. The words you heard there alone, while completely heinous according to many, were not a crime in themselves. Defendant trump has since been indicted for the actual actions and plots he launched after losing the election, that went well beyond statements like that. Tarrio convicted of sedition. He and his coconspirators viewed their actions, what they did that day, as a direct response to what the losing outgoing president was asking of them. And the feds say it was all premeditated. On january 4th, 2021, tarrio told his men that they would, quote, storm the capitol. That is damning evidence because it completely undercuts any of his potential defenses, now failed as hes been convicted to say that this spun out of control, that it was some kind of riot. When the attack was under way, tarrio clearly viewed it as he intend and and achieved outcome of what they planned a private chat he wrote, quote, we did this. Yes, they did. Yes, some of the most damning evidence came from these now Convicted Seditionists themselves, whether that is a product of personal mistakes and arrogance or something that is wrapped with the support they publicly had from then President Trump. Those are questions that are not of a legal nature. Those are questions of analysis. History will of course dig through all of this. The news tonight, news i couldnt have told you 30 minutes ago, the Breaking News, is that this proud boys leader Enrique Tarrio has the stiffest Jail Sentence of anyone tied to the January 6th Insurrection 22 years. I want to bring in david kelly, the former u. S. Attorney for the Southern District of new york and my former boss. David, you look at a sentence like this, it is on the stiff harsh side. Harsher than anyone weve seen so far. Is this justice . What does it mean to you . A few things. The judge, judge kelly considered the terrorism enhancement, even though hes gone below what doj has asked for. I think whats interesting about these sentences and the one this afternoon is this if i were in a position of being prosecuted in any relation to the capitol insurrection, id be very nervous. If somebody like for instance trump or one of his cronies is prosecuted for something related to january 6th, its hard to give them a light sentence when folks like this are getting these various gift sentences. This is stiff. So if you go back, one of the things i thought about when i saw the sentence was, you know, i prosecuted John Walker Lynn in the wake of the 9 11 terrorist attacks. He got i forgot exactly what it was, but i think around 22 years. And that was in the hysteria not hysteria, but we were all very raw in the wake of 9 11. And this is tantamount to that. So folks coming up to be sentenced after this case i think have a lot to worry about. Yeah, again, the goal of the criminal Justice System is not to change everyones mind. You can still go online and post that you think this or that person won the election. But the goal when you look at instigation and insurrection, the goal is to deter. Given some of these people thought they were outside of normal law or thought their alliances, privilege, ties, publicly and otherwise to the outgoing president would help them, from your view as a prosecutor as mentioned we remind viewers, a former police officer, do you think this will deter others . I think so, and you make great points on what you just said. Think back to what was said in court in defense of tarrio, which was, hes a patriot. He was trying to engage in legitimate political activity and so far, and thats bogus, and the judge saw through that. Because at the end of the day it was tarrio who praised what happened on january 6th and the aftermath of it, and it was he who encouraged it, and it was he who took pride in the result of it. So it is one thing, this hiding behind the veil of patriotism on these offenses is completely disingenuous and insulting to engage in criminal conduct to advance a claim that at its very root is bogus. Yeah, and on the legal side here with david before i move to our next guest, the judge saying, quote, i dont have any indication that tarrios remorseful for the actual things hes convicted of, and that figured in as well. David, we have a lot going on tonight. Stick around. Im going to come back to you. We also have a special guest on this Breaking News as we look at the tarrio sentencing. He was someone, mr. Tarrio, who going into the election period, he grew in stature. We saw trump to tell him to stand by. We saw stone link up with tarrio in december 2020. This is footage you have of the two of them, you see right there together, they were getting crowds going. There was a whole leadup to january 6th. It didnt happen overnight. Tarrio was working with this other Convicted Seditionist, stewart rhodes, convicted of 18 years. Here you can see the pair meeting on the eve of the insurrection. Stewart, pleasure. Pleasure also all mine. Im going to stay close just to make sure my guys are okay. Tomorrow. I got a lot of stuff to do tomorrow. A lot of stuff to do tomorrow, and we all watched and witnessed what that entailed. We breached the line. We need backup. We just saw that rather dramatic footage of now two Convicted Seditionists in that parking garage. Nick rhodes is a documentary film maker. You may recall he testified at the January 6th Committee about his work, his observations, his reporting. And we thought it would be interesting of course to hear from you today. You were so close to all of that. There are many strands to this, many investigative pieces. But your Footage Accord to the Jan 6th Committee and others added to the factual record. At first, the floor is yours, having spent time with these individuals. Your thoughts on mr. Tarrios hefty sentence tonight. I would like to first say i just dont know if longterm incarceration is a solution for our society in general. I think that long sentences dont help in any shape or form to avoid any type of recidivism, but i do think that this sentence is obviously an indication of the gravity of the crimes they have been convicted of. So i was with the proud boys from, you know, the after the election all the way to january the 6th, and i am the person that, you know, provided the record, both for congress and for the prosecution. I mean, theres very little you can do as a journalist when the when the Justice Department comes and subpoenas you. You have to provide the footage, and in the end, as a person thats seeking to show the truth, im happy for the forum i have now. Yeah, nick, when you look back at that period, did any of these individuals seem to you like they were aware of at least what is now obviously the legal risk they were undertaking, that exposure . Did you witness anything like that . No, i dont think they thought they were in any shape or form playing in at the sedition sandbox. I think they thought they would create some chaos, they would end up trying to fight antifa. They were definitely there to put pressure on congress, but i dont think they thought they were looking at 20 years plus. I think they were happy to take the risk for a couple of years, but i dont think they factored in the crowd and how their actions would, you know, provoke the crowd and how the crowd would, you know, end up changing the whole scenario for them. Yeah. And when we look at that process, we see different reactions from them now that theyve gone through this process. You mentioned the larger Policy Concerns about the criminal Justice System in america, something we touch on in this program. Although i will say mr. Tarrio is right in the mainstream of that. Hes not getting a harsher sentence. Weve seen people hit with longer sentences for less, including poor, black, and brown people, hit with sentences for drug related crimes and dont have anywhere near the carnage of the january 6th event, but i understand the larger nuance youre drawing. I did want to show the contrast. Heres what mr. Tarrio said moments ago in that courtroom. Quote, my candidate lost. Thats a heresy among those folks. Im profusely sorry. He led the stack formations, advanced planning. They calls it today, a, quote, national embarrassment. I want to contrast that to others who have not changed. Joe biggs hit with 17 years but hes Still Holding out hope his sponsor donald trump will bail him out one more time. Take a listen. Oh, i know hell pardon us. I believe that with all my heart. You have one minute remaining. But i do believe donald j. Trump will pardon us, and he should. We didnt do anything. Were his supporters. We went there like he asked. You can hear thats a jailhouse call, a prison call, we went there like he asked. Two very different responses to this. Given, again, your time with all of them, what do you see in responses from different people . There will be a consistent response from all of them. I think their only strategy now is to wait for trump to pardon them and i think its the same type of strategy that trump is playing. He has to become elected to avoid the legal troubles he has in multiple jurisdictions. So thats without further cooperation with law enforcement, thats their best opportunity, and i believe that tarrio is the only person that could provide the authorities with any type of information that would be useful for prosecuting, you know, others that have colluded with them that are yet to be named. Yeah. Yeah. Nick, thank you so much for coming on the beat tonight. Thank you, sir. My pleasure. Absolutely. We have a lot more coming up. We can turn to domestic politics and gop Talking Point that is withering on the vine. Also as mentioned the costanza defense. Its funny till its not. Problems in court. Coming up now, new signs trump aides want to blame him in court. Ame him in court. The people who live and work there. Because you call these communities home, and we do too. Pnc bank. Having diabetes can raise a lot of questions. Like my morning ride, will it help lower my glucose . With the freestyle libre 2 system, you can know where your Glucose Level is and where its headed without fingersticks. Know what activities work for you. Manage your diabetes with more confidence and lower your a1c. Ask your doctor about the freestyle libre 2 system. Its covered by medicare for those who qualify. Visit freestylelibre. Us medicare to learn more. At pnc bank, to learn more. You can find us in big cities and small towns across the us, where our focus is to always support the people who live and work there. Because you call these communities home, and we do too. Pnc bank. Another trial begins today, and it has actually been a long time in the making. Former Trump White House aide Peter Navarro going on trial for Contempt Of Congress and defying subpoenas issued by the January 6th Committee. Jury selection is formally beginning today. Navarro says hes paying over 500,000 for his lawyers. Im over 500,000 worth of legal bills for whats amisdemeanor that the department of justice itself had a policy against ever prosecuting. Think about that. Were going to go up to 750,000 by the end of the trial, and the appeals are going to be over a million. Do i look like a rich man . Theyre saying theyre paying to defend themselves they did to defend trump. John eastman and jenna ellis paying out of pocket. Ellis asking why trump isnt supporting her and the cause. Trump refusing to route donations to her or ex lawyers. Now three codefendants insist they only acted at trumps direction. One of the most pivotal witnesses and codefendants in the room, former Chief Of Staff mark meadows, as his attorney hinting he may do more of that, and drawing a contrast on the infamous call we all heard about. Meadows lawyer emphasizing the former Chief Of Staff, he says, was not pressing the georgia secretary to change vote totals. David kelly back with us. We see the mounting tensions. This is of course how the system works. What do you see from mr. Navarro, his concerns that he feels are, as he would put it, left out to dry as a general matter, and what were seeing in the tension of the Georgia Codefendants . I would say that mr. Trump ought to check with his tailor and get a new dry cleaner because hes going to start seeing tire tracks on his back pretty soon. As these cases typically shake out, people, particularly those on the lower rungs of the ladder, will start to decide its worth their while to be cooperative than the charges against them. I think youre going to see that in georgia. Navarro i dont know so much whether or not hes going to do that. You think navarros hanging on there to a legal theory that is less than a threat at this point from a legal standpoint. And im not quite sure why hes holding on so long. But i think in the georgia case certainly there are people who are going to start to roll on him and cooperate, which is what you expect in a case of such magnitude and breadth. Yeah, mr. Navarro did say one thing that is true there that we showed, that historically the Justice Department has not been eager to use the indictment powers when they think there are valid congressional disputes. So for example, they did not indict mr. Meadows when he kind of partially cooperated with the January 6th Committee, turned other some documentation, made very broad executive claims, but he showed up in a way. And when the Congress Said were holding new contemn, the doj looked and said they decided not to. That was a conservative or judicious view. The difference is, mr. Navarro tells it, the doj has gotten more no, he and mr. Bannon were so obviously and contemptuously defying the subpoena process, that if you didnt move here, it would become open season to did what they did. I know it feels like david kelly is a legal zelle ig, hes everywhere, but youve dealt with mr. Comey and house republicans, issues with how they presented that. What do you think of the way they navigated this . Left meadows, scovino alone. Youre the navarro whisperer. You have had him on a bunch. I think the line thats been drawn is completely turning your back on as opposed to trying to work out some sort of resolution, everyone though at the end of the day it may not be what everybody is satisfied with. It is a showing of some cooperation and some giving some give and take. And i think at the end of the day that will get you across the line, but when you turn your back on them, particularly when you turn it back on a legal theory that just doesnt hold water in this case, you know, Executive Privilege asserted by a former executive, number one, and number two, if the former executive even gave that directive, theres not evidence to really support that. So hes got two weaknesses there. But to just hold fast to those theories without any give, i th