That special Council Jack Smith is looking into trumps fundraising off false voter fraud claims. As some of trumps codefendants may be getting ready to throw trump under the bus. Plus, the extreme gerrymandered maps that helped republicans win the house are now rapidly getting struck down by the courts. Alabama is just the latest state to feel the judges wrath. Good evening. Im Jonathan Capehart in for joy reid. We begin tonight with breaking news. The former National Chairman of one of the most prominent neofascist White SupremacistMilitia Groups in the country is going to prison. Henry enrika tarrio was sentenced just a short time ago to 22 years in prison for Seditious Conspiracy in connection with the january 6th attack on the capitol. That is the longest sentence in any january 6th case so far. But notably less than the 33 years prosecutors were asking for. Judge Timothy Kelly told the court, quote, i dont have any indication that hes remorseful for the actual things that hes convicted of. Tarrio is the last of the five proud boys defendants to be sentenced. Other leaders in that group as well as the oath keepers are facing sentences between 10 and 18 years in prison. All of which is considerably less than what the prosecutors asked for. Now, even though tarrio was seen the night before the insurrection in a Capitol Hill Parking Garage alongside stewart rhodes, he wasnt actually at the capitol on january 6th. He was at a hotel in baltimore. The proud boys leader was arrested days prior for his actions at another protrump rally where he burned a black lives matter banner that he stole from a d. C. Church and was ordered to stay out of the city. Still, prosecutors today called tarrios behavior a calculated act of terrorism and warned that the proud boys came dangerously close to succeeding in their plot to use violence to overturn the 2020 election, telling the judge, there was a very real possibility we were going to wake up on january 7th in a fullblown constitutional crisis with the federal government in complete chaos. That is what revolution means, and that is what he openly perused, and that is what he very nearly achieved. And it didnt take rifles and explosives. Joining me now, frank figliuzzi, former fbi Assistant Director for counterintelligence and Msnbc National Security analyst. And andy campbell, Senior Editor at the Huffington Post and author of the book, we are proud boys, how a rightwing street gang ushered in a new era of american extremism. Frank, andy, thank you both very much for coming to the reidout. Frank, your reaction to not only tarrios sentence but also the sentences of all these high level proud boys and oath keepers who have gotten far less than what prosecutors asked for. Yeah, theres good news and bad news with these sentences of the proud boys. That is that theyre stiff, severe, but often as with Enrique Tarrio today, under the guidelines range for federal Sentencing Guidelines. Particularly interesting to me is the fact the judge, judge kelly today, as hes done before with proud boys, has allowed whats called a Terrorism Enhancement. That is, while we have no federal law against terrorism, if you committed crimes and theyre terrorist related, you can get dinged for that at sentencing with an enhancement. He allowed that to happen, but yet he came in under the guidelines, which would have started the discussion at 27 years. So im not satisfied that these are severe enough, but they do send a message to people like tarrio and others who are contemplating violence on behalf of their ideology. So given what you just said, frank, so then the Terrorism Enhancement made no difference in tarrios sentencing, did it . Well, its possible. I cant get inside judge kellys head, but its possible without allowing the Terrorism Enhancement we would have seen an even lower sentence. That is possible. The judge is allowed to go below Sentencing Guidelines or above if he or she wants to. The concern here that im having is, this judge seems not to understand that what tarrio did should be listed in the dictionary next to the definition of Domestic Terrorism. We defined Domestic Terrorism in the law, and it is what tarrio did. Its the use of force to intimidate or coerce a civilian population or a government or its conduct for policy or political ideology. Thats what he did. Hes a terrorist, and he will spend more than two decades in prison. Well, sure, hell spend more than two decades in prison, but now, im sitting here agreeing with you, frank. Why are they getting sentences that are les than what prosecutors are asking for, given what theyre accused of doing, and also given what we watched live on television that fateful day . You know, i think what were seeing very interestingly, is similar issue to what Law Enforcement and the Intelligence Community was wrestling with in the days and weeks prior to january 6th. That is the seeming inability to see ourselves as a threat, particularly a terrorist threat, right, our own american citizens, and now it seems to me this problem has now fallen on the bench. The federal bench, thats also looking at this going, i dont know. Nothing really blew up. Im not sure. This doesnt look like a bombing to me. I dont get it. And theyre not understanding the reality were living in today, which is that the Domestic Terrorism problem is here to stay. We have an insurgency in the country that needs to be dealt with, and it does match the definition of Domestic Terrorism. Andy, you quite literally wrote the book on the proud boys. Talk about who exactly Enrique Tarrio is, and where did his influence come from . Right, Enrique Tarrio has been the proud boys chairman since 2018, when their founder stepped down. He got involved in Politics Around the same time as trump rose in miamidade county, florida. And it was there that he met people like roger stone, trumps top confidante, and also members of the proud boys. He realized that through the proud boys he could put a violent edge to his political grievances. Thats exactly what the proud boys do for a living. And so he took the mantle here and realized that if the proud boys are seen as a fight gang on the street, theyre going to dissolve pretty quickly. So he wanted to make them more of a political monster. And sure enough, like you said, am proud boys probably arent going away because a lot of them have been running for office as Enrique Tarrio told them, and even as their leaders sit behind bars today, the proud boys are mobilizing at rapid clip. Theyre taking local seats at School Boards and local republican committees in florida. Theyre really trying to go for something more politically legitimate here, and Enrique Tarrio was a big part of making that happen for them. I want to pick up on your quote here, turning the proud boys into a political monster. Tarrio delivered a statement to the judge today before he was sentenced in which he said, and i quote, i am not a political zealot. When i get back home, i want nothing to do with politics, groups, activism, or rallies. You buy that . Well, tarrio between jail stints talked to me on the phone and told me that Going Forward, he would lie directly to anyone asking him about his involvement with the proud boys or the national organization. So hes a selfdescribed liar. But again, his affect and the proud boys affect through january 6th on american politics, judge kelly hit the nail on the head. He said this week, that day broke our tradition of peacefully transferring power which is among one of the most precious things we had as americans. Notice we said had, we dont have it anymore. Thats a really important point, the way that the proud boys affected american politics Going Forward is they have dissolved the trust and safety element of our election process. And so we are in a new crisis following january 6th, one thats not going to be tamped down with these sentences. Andy, im picking up on what you just said, you talked to Enrique Tarrio a couple times. Just wondering, how do you think hes reacting to his sentence . I mean, i think every proud boy who got sentenced over the last week did some element of crying on the stand. Some of them saying they regretted their actions and that they were kind of caught up in the moment or argued trump made them do it, but these are guys who are very good at projecting themselves as legitimate people, and normalized citizens, but in reality, theyre excited about what they did, all of them celebrated in the immediate aftermath. Tarrio said two hours after the january 6th rioters stood down that he would do it again and he would have kept the capitol if he were there physically. I think theyre sad about the sentences and i also think they and their proud boys members who arent in jail today are still excited about what they were able to get going. And to that point, frank, i want to show people and remind people of a very notable moment from the first 2020 president ial debate. Watch this. Are you willing tonight to condemn White Supremacists and Militia Groups . You want to call them what do you want to call them . White supremacists. Who do you want me to condemn . Proud boys. Stand back and stand by. And so frank, two quick questions. How much do you think that message from the then president influenced the proud boys to do what they did on january 6th, and do you think that the sentences that have been meted out to the proud boys will dissuade people from acting on what the then president said in 2020 . So we dont need to engage in congenkture as to what the trump statement stand back and stand by for the proud boys, some have told us what it did. It increased membership and empowered and inspired them. They saw that as kind of a call to action. Whether trump meant it or not really doesnt matter. That was the effect that it had on them. As for severe sentences, again, its a good news bad news scenario. I liken it to my work in International Terrorism during my career because with al qaeda, for example, when you take the head off the snake, when you either imprison or neutralize International Terrorist leaders, thats a good thing. They cant direct and coordinate, command and control, but what happens to the group is they become decentralized and morph and transform into something else. And thats whats happening to the proud boys. And andy mentioned it, youre talking about people now running for office, going local as they say. Pta meetings, board of ed meetings, election volunteers. This is in a way almost worse because you dont necessarily know where to find them, and they dont look like theyre about to commit violence, but it could be even worse because what theyre about to commit is an attempt to steal democracy away from americans. Thats the concern. Stealing democracy under the guise of law, following the law. Frank and andy, thank you both very much for coming to the reidout. Up next on the reidout, Trumps White HouseChief Of Staff pleads not guilty to taking part in a plot to overturn Election Results in georgia amid fresh signs that trumps codefendants are already starting to turn against him. The reidout continues after this. With powerful, easytouse tools, power e trade makes complex trading easier. React to fastmoving markets with dynamic charting and a Futures Ladder that lets you place, flatten, or reverse orders so you wont miss an opportunity. E trade from morgan stanley. Your best defense against erosion and cavities is strong enamel nothing beats it. New pronamel active shield actively shields the enamel to defend against erosion and cavities. I think that this product is a gamechanger for my patients it really works. Gamechanger for my patients heres why you should switch fo to duckduckgo on all your Devie Duckduckgo comes with a built n engine like google, but its pi and doesnt spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. And theres no catch, its fre. We make money from ads, but they dont follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. Donald trump and his 18 codefendants in the Georgia Election interference case were scheduled to be arraigned tomorrow in a Fulton County courtroom. But all of them have now waived that right and have entered pleas of not guilty. And while all of them have followed trumps lead in waiving their court appearance, it does not appear that all of them are showing their unwavering support for him. Politico reports that some have already begun placing the blame at the feet of the twice impeached, four times indicted on 91 counts former president. Including three of the georgia fake electors, shaun still, kathleen lathem, and David Schaefer who have asserted their actions were taken at trumps direction. And trumps former white house Chief Of Staff, mark meadows, used his hearing last week to downplay his role, including in the infamous phone call with Georgia Secretary Of State brad raffensperger, especially compared to trumps role. Meadows lawyer pointed to his clients limited Speaking Role on the call and in court asked raffensperger, quote, he didnt make a request that you change the vote totals, mr. Meadows himself . Correct, raffensperger replied. And in pure trump fashion, the famed grifter is continuing to fundraise not only on his mugshot but also on the fact that he isnt even appearing at tomorrows arraignment, all while continuing his attacks on Fulton CountyDistrict Attorney fani willis. Joining me now, former u. S. Attorney barbara mcquade, professor at the university of michigan law school. And msnbc legal analyst. And tia mitchell, washington correspondent for the Atlanta Journal constitution. Thank you both very much for coming to the reidout. Barb, let me start with you. How likely it is well see more of the codefendants point the blame at trump . I think were going to see quite a bit of this, jonathan. Its milder and well see things like i was acting at the direction of the former president. I was just following orders. My job is to do what he asked me to do. I think, though, those defenses are likely to fail because following an illegal order is itself illegal. But one other point to remember is in addition to the 18 codefendants in the georgia indictment, there are 30 unindicted coconspirators. Those are people already signed up to cooperate against donald trump. So often we see that cooperators as the trial date nears increase in number. So among those 19 people on the defendant list, i think we can see a paring down of that number as more agree to cooperate and cut themselves a deal to get lenience in their sentencing. You know, tomorrow, judge mcafee will hold a hearing to consider the motions by chesebro and Sidney Powell to sever their trials from the other codefendants. Legally, could the judge say to everybody, whether they have asked for a speedy trial or not or severance or not, youre all going to trial in october . He could in theory but i think its unlikely. Thats because he wants to make sure that the defendants all get due process. And i think the request to have additional time to prepare for trial seems reasonable. October strikes me as quite quick. A defendant has a right to a speedy trial but is not required to have a speedy trial. They are required to sufficient time to get their defense together. The government, of course, also has a right to a speedy trial, so a judge has to balance those interests. It seems motorcycle leerily the likely outcome is to sever the cases, allow those who want the speedy trial to go to trial in october and for the others, set another trial date, maybe see how this list gets pared down based on guilty pleas and set a trial date more reasonable for the remaining defendants. So tia, as we all know, Fulton County d. A. Fani willis, she brought a rico charge. Thats why all 19 of these folks are jammed into this one case. But if judges grant the motions to sever these cases, is the d. A. Prepared to try not one big case but say three, four or 17 individual cases . I think if we were to ask d. A. Willis if she had to do it all separately could she, i think she would say yes. You know, shes said all along that shes taken this very seriously and tried to be as thorough as possible, as deliberate as possible. That being said, that would not be her wish. That would not be her preference. I think she probably knows at this point, especially with those who asked for a speedy trial, that she wont be able to prosecute all 19 together. Maybe she knew that all along. And i think theyre prepared for perhaps going in groups. But if they decide to do them all individually, that would become very cumbersome just fro