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MSNBCW All July 3, 2024

At the reid out. Tonight on all in. I want to start by wishing my wife Melania Trump a very happy birthday. I wish i could be with her but im at a courthouse. The Election Conspiracy Trial continues and a new witness takes the stand. Mr. Trump would like you to meet him this morning at 9 00 a. M. Tonight, what we learn from day three of david pecker and the witnesses, including the eyes and ears of the trump organization. The massive paper trail. As the Supreme Court mulls absolute immunity for a clue, why Donald Trumps own impeachment or your new better. The former president subject to criminal sanction after his presidency for any illegal acts he commits. Plus, the latest on the Campus Protests and the nightmare still unfolding in gaza and why it looks like real trouble for americas favorite senator turned podcast or. Even entity is giving hundreds of thousands of dollars a year to your reelection efforts. How can you say youre not being compensated . It really is sad what has happened to the media. All in starts right now. Good evening from new york, im chris hayes. Over the years, donald trump has had many, many lawyers but is not what you would consider a particularly well weird fellow. Hes had multiple years in a roe who have either been indicted, served prison time, or end up disbarred. That is because, as we all know, he is a serial breaker of the law. He cannot be contained by it. He has long operated in the sketchy and seedy world of tabloid news, among other things. This is the relationship weve earned a lot about in his Election Interference trial this week. Trump pal david pecker, former publisher of the National Enquirer, wrapped up three days of testimony against the former president. David pecker testified at length the about the now infamous catch and skill schemed by the rights to trump stories and keep them concealed from the public in the lead up to the 2016 election. Now, we already knew, i think, tabloids operate largely outside the boundary of what we would call normal ethics, certainly journalistic ethics. It is checkbook journalism, as david pecker called it on the stand. The depth of what we are still pretty shocking but knowing trumps inability to keep lawyers and the company he keeps , it might not have been shocking if the parties to this particular conspiracy, especially donald trump and david pecker had claimed they want explicitly aware they were transgressing the law with their scheme. That would be a plausible story to tell about what is being alleged here. As ive said before, it is hard for them to dispute the facts as laid out in the indictment, that trump made payments to his then lawyer Michael Cohen after Michael Cohen arranged payouts to stormy daniels, Karen Mcdougal, to bury their stories of infidelity with trump. Those payments are substantiated. They happened. If you told me before the trial that trump and david pecker didnt really realize they were crossing a legal line and breaking Campaign Finance law, that would have honestly struck me as plausible. There is just one problem with that line of defense, david actual testimony. You see, on tuesday, a prosecutor asked him directly, did you have any concerns about the legality of ami, paying to kill a story regarding a political candidate . David pecker answered, yes i did. When asked why he had legal concerns, david pecker responded he had an issue when he acquired a story for Arnold Schwarzenegger. Remember that back in 2013 . Arnold schwarzenegger was launching his political career and was concerned about negative press and so he made an arrangement with david pecker to catch and kill those stories. Some of those stories got out. On the campaign trail, david pecker says when Arnold Schwarzenegger was asked about them by reporters, he said ask my friend david pecker. David pecker told the court this week that was a difficult situation and it gave me sensitivity about buying any stories in the future, especially for campaigning politicians. Based on his Arnold Schwarzenegger experience, david pecker told the court, when it came time to killing the story about donald trump in the lead up to his election, i wanted to be comfortable. The agreement we were going to prepare for Karen Mcdougal meant all the agreements with respect to the campaign contribution. For legal folks, this is what we call issue spotting. He realized there might be some problem here that he was in treacherous legal territory, he wasnt flying blind. So, david pecker testified. He consulted with an election attorney, a special attorney who does election law. And then he ran the Karen Mcdougal agreement by his own companys general counsel, their top lawyer. Now, both of those are privileged conversations between attorney and client so david pecker didnt go into details. But, a prosecutor asked him based on that conversation, did you come to the decision you no longer wanted to be reimbursed for the money that ami had laid out to acquire Karen Mcdougals Lifetime Rate . David pecker responded, yes, that is correct. I called Michael Cohen, i said the agreement, the Assignment Deal is off. Im not going forward. It is a bad idea. I want you to rip up the agreement. In other words, david pecker had a brush with this in the past, Campaign Finance law and how it is located in a catch and kill scheme for a candidate, thought about them doing the same thing here, had a talk with his lawyer, decided receiving the money for the express purpose of paying off trumps former lover during trumps Election Campaign was likely not legal, certainly to sketchy, even for the National Enquirer. To sketchy how . Prosecutor says that too. Were you aware that expenditures by the corporation made for the purpose of influencing an election and at the request of the candidate were unlawful . David pecker replied yes. David pecker says when he told Michael Cohen not to reimburse him or the inquirer for her middle story, he responded the boss is going to be angry at you. You know the added you should never attribute a bad act and malice and you rule out competence . When you look at donald trump and the people he surrounds himself with, theres a lot of incompetence but if david pecker, the prosecutions star witness is telling the truth, they were competent enough to know what they were doing was illegal. And, they did it anyway. Joining me now are two people inside that courtroom today, harry littman, who served as Deputy Assistant attorney general for the department of justice, kristi greenberg, former deputy chief of the Criminal Division of the u. S. Attorneys office in the district of new york. Theres a lot to get to because a lot of separate but i want to start on this point. Of everything that is happened, ive been reading, we have this great slot channel where we have folks giving us a live transcript. That really surprised me and struck me as quite relevant to the prosecution making their case. But, is that more narrative instinct than a legal one . 100 and for two reasons. First, david pecker himself is this very kind of, he is a credible nest in a way, he is a runyonesque figure. Thats part of my Business Model. For Arnold Schwarzenegger. There were 20 stars he paid off there. He still likes trump. And, it was just unabashed about it. And, so, it really kind of came home. Was so significant about that very point is what they did successfully, in a word, this week, the prosecutor laid the tracks, starting with the doorman that is now going to end at stormy and the tracks are the president ial candidacy express. That is what it is all about. We knew that david pecker had left the scene as of this time and now we understand it in a way that is completely consistent with this line of the narrative that is essential to what they are proven, which is it is all, from the start, about, yes, legally dodgy but more importantly for the actual crime, they are trying to bully his campaign, they are losing money, this would be a valuable story for them. Doesnt matter, this is his job and this one and he played it in an open hand i think the jury found credible. What did you think . It was interesting. When i talked first about the agreement with Karen Mcdougal and ami. On cross, there is an attempt to say, well, lawyers negotiated this, even in the opening, this was blessed by lawyers. To give the jury the impression that lawyers said this is okay so donald trump mustve thought it was okay. By the way, an objection that got sustained because you cant make that argument. He has no advice of counsel or presence of counsel. Ruled out in pretrial motions. Now you have this agreement. The agreement, the Word Campaign doesnt show up once, right . This agreement with Karen Mcdougal is for promotional opportunities, for her to be on the cover of the magazine, for her to go straight articles. And, he never on redirect, it was so effective from the state because they are Like Campaign doesnt come up anywhere. When you talked to your attorney, ami general counsel, you never mentioned Michael Cohen, you never mentioned the campaign, you never mentioned you were trying to help once the election. Theres not but, this looks like a standard agreement for a lot of money, for 150,000, which is way more than anybody else would have been paid, way more than they would have paid for Karen Mcdougal. Paid so much, i thought this was a moment, rachel mentioned this last night, a moment of jesus, paid so much, Karen Mcdougal thought they wanted her to do this. She is a poignant figure here. So much money and shes like knocking on the door and calling it coming to new york like are you guys going to use me . That we the deal, i want to do red carpet stuff, you are paying me a lot of money. Short of it not clicking that this is fully for this other purpose. Survey, go ahead, please. There is the paper and theres the reality. The paper is a total lie. As kristi is saying, in fact, trumps a lawyer stepped in it because he tried to show on cross, look, this doesnt say anything about what you are and then on redirect, yes, there is a reason for that. David pecker says, yes, this agreement was a disguise. This wasnt really what it was about people thing was about making sure she didnt share the relationship. Then, The Other Place where they stepped in on it on the defense is they show david pecker The Nonprosecution Agreement with the Southern District of new york, where there is a statement of admitted fact that is attached to that agreement. That is what it is called and he saying theres no violation here. You didnt violate Campaign Finance laws at all but all of the conduct that would violate the campaignfinance is attached to that statement of admitted facts. Where he says the primary purpose of this whole agreement with Karen Mcdougal was to make sure that she didnt influence the election. Which is to say already in 2018 talking to the feds, talking to the fbi, he is admitting that the campaign was the purpose of this. Yes. From the time he found them, he played it like an open book. Trumps lawyer made a mistake trying to say, look at this document. The biggest aha moment, if you are looking for that in a trial, was when on redirect, the da said it says it right here, doesnt it, highlighted on the whole thing. He, at that point, looked like he was trying to put one over on the jury. That is the worst thing that you can do. You cant lose credibility with the jury. There were multiple times were he did that. At one point, he has this attempt at a Gotcha Moment where he shows david pecker trumps lawyer. Trumps lawyer shows david pecker a 302, which is an fbi notes from interviews and some and says look, you testified on direct that trump thank you for these, for taking care of the torment and taking care of karen but in this 302, it says you didnt do that. And he points to this one line. Then on redirect, the State Prosecutor comes up and said there is a second one of those and you said it right here. Oh, heres grand jury testimony where you set it again. You were telling the truth then, you told the truth today. You didnt take those notes. Maybe the fbi agent got it wrong. They are not direct transcripts, this is somebody taking notes you missed something. He has been consistent otherwise. It was just this backfire like you cant point to one length of one report and then have all of this other all these other reports and testimony and mention them. At that point, you have to figure the jury thinks you are misleading them. We will see, we have two more, quickly, we have two more witnesses today. One was Michael Cohens lawyer, basically, banker, basically saying he came to me to take out of this line of credit. Again, Michael Cohen doesnt have the cash flowing around to make these payments. Line we will hearing closing. David pecker says Michael Cohen couldnt Take Me Out To Lunch without Donald Trumps approval. They will try to say this is a line of credit. Trumps assistant, who was there just to show these folks showed up in trumps rolodex, right . And the way they showed up. Audible laughter in the Overflow Courtroom when the stormy exhibit came up. The argument the defense was trying to make was she was Somebody Trump was considering for the apprentice. In that case, you would expect that it would say stephanie clifford, there would be an agent, a lawyer, there would be contact information. Instead you have , no last name, with a cell phone number. Just audible laughter once we get that. Ariel min and kristy greenberg, thank you both, that was fantastic. Trumps new york election Interference Trial Kicks into high gear. The latest witnesses for the prosecution and what they know about the expresident , thats ahead. Ahead. Everybody should have it. It worked great for us. This is as good as gold in any garden. If people only knew that it really is about the dirt. Youre a dirt nerd. Huge dirt nerd. Im proud of it [ryan laughs] everybody wants super straight, super white teeth. They want that Hollywood White smile. New sensodyne clinical white provides 2 shades whiter teeth and 24 7 sensitivity protection. I think its a great product. Its going to help a lot of patients. University of maryland global campus is a school for real life, one that values the successes youve already achieved. 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We are getting our first look at Donald Trumps defense in his new york trial as his lawyers crossexamined prosecution witnesses, including former

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