Friend. By the book. All in with chris hayes starts now. Love you back, bye. Stuck tonight on all in every woman lied when they came forward to her my campaign. 5 of the people think it is true and maybe 10 , we dont win. 2016 trump is played into evidence as the defense keeps resting. Sleeping. Weve tried a number of different devices to keep trump awake. Tonight the judge handsdown his penalty for igviolations of the gag order. Do you think we will see a change in his behavior because e he doesnt want to deal with this, because he doesnt want to risk going to jail . I dont know. And what we learned from the Man Brokering the deal between Stormy Daniels and donald trump. This takes us dright back t 2016 and those moments around the access Hollywood Tape. And a chilling plan for a second term in trumps own words. They did a cover story, which is very nice. Plus, what we know about what is driving protests nationwide and the latest installment in our ongoing series, are you better off . The testing and the masks and all of the things, we solved every problem. We solved it quickly. All in starts right now. Good evening from new york, i am chris hayes. It was uneventful day in the manhattan Election Interference Trial of donald trump. The morning started with the former president of the united p states being held in Contempt Of Court, fined, threatened by the judge with jail time for violating his gag order in the case. We will have much more on that in a moment, but it was the first event in a day that included testimony from four witnesses for the prosecution. Plus the jury heard from a personal banker for Michael Cohen and he testified that cohen was in a big rush in 2016 when he created a new Company CalledEssential Consultants Llc and asked farro to speed through a payment from that company tool lawyer Keith Davidson. On the forms he said the money was for a retainer, but in fact it was to collect on behalf of his client, Stormy Daniels, to buy her silence in the lead up to trump selection. The prosecutor asked farro whether the bank process might have gone differently if cohen had told the truth about what he was up to, that it was set up to pay off an adult film actress. He said yes, we certainly would ask additional questions. In other words, trumps lawyer at the time, the guy fixing the scheme, knew the scheme was not legal and had to be concealed and the court heard from two unusual witnesses. A Court Reporter from e. Jean carroll successful Defamation Lawsuit against donald trump and the head of archives for c span. They were there to authenticate trumps deposition from his Defamation Trial as well as videos of trump at his Campaign Rally so the jury could see him in his own words. Here are some of those clips. Its a phony deal. I have no idea who these women are. I have no idea. I have no idea and i think you all know i have no idea, because you understand me for a lot of years. Okay. When you looked at that horrible woman last night, you said i dont think so. Whoever she is, wherever she comes from, the stories are total fiction. They are 100 made up. They never happened. They never would happen. All horrible lies. All fabrications and we cant let them change the most important election in our lifetimes. So that was donald trump, looking more than eight years younger in my opinion, denying the stories of his assault accusers, saying he hopes they dont change the election outcome. Clearly on his mind, understandable a few weeks before the election. This is october, 2016, just before the election. The same month he was allegedly approving a sixfigure payoff to keep Stormy Daniels quiet. Normally when it comes to public records like the stuff that is out there, the prosecution and defense agree on the authenticity before the trial starts. The trump team would not do that in this trial and the judge barred testimony from the many women who came forward in 2016 to accuse trump of assault. The prosecutor said to take this extra tedious step of calling expert witnesses to get the evidence in. Which is funny because it draws out this trial, which is apparently becoming quite taxing on the defendant who is reportedly mad at his lawyer, todd blanche. For people familiar told the New York Times that trump has griped that blanche has not been aggressive. He wants him to attack witnesses and attack the judge, merchan. Trump, who often complains about legal fees and sometimes refuses to pay them, also wonders aloud why his lawyers cost so much, according to people at the times. Which brings us to Keith Davidson, a key player in this entire affair. A lawyer who never got money directly from donald trump, but he did represent Stormy Daniels and Karen Mcdougal and negotiated deals for both women to withhold their stories of infidelity with trump from public view ahead of the election. In court today, davidson walked the jury through the text on those deals and even relayed to the excuses that trump lawyer Michael Cohen gave when the payoff to Stormy Daniels kinda failed to materialize. Quote, he stated the Computer Systems were all up. My personal favorite, the Secret Service is in here. Davidson and his client did, eventually, after a fair amount of followup and pestering get that 130,000, directly as you might recall, out of cohens pocket and he says he was eventually reimbursed by the then president of these united states. Joining me now are two people at the courthouse today. Former prosecutor harry litman and correspondent lisa rubin. Lets start where i ended on Keith Davidson, who is an important witness. Tell us who davidson is and what he is going through today. Is the lawyer for Stormy Daniels and Karen Mcdougal, so prosecutors were taking him through the settlement payments of both women, which as you know operated differently. The first one, ami handled. The second one, david pecker already testified he told dylan howard, do not get involved with this. I do not want any affiliation with a star. It endangers our Distribution Deal with walmart and i am not a bank. Nevertheless, howard did get involved and he got involved by involving Keith Davidson who had a former relationship with Stormy Daniels manager, Gina Rodriguez, herself described as an infamous story broker. This was the underbelly of the world that david pecker kind of took us through. This is below the inquirer. Like that is too sketchy for us, the national enquirer. You need to run this as an off book operation, because us, the national enquirer, find this to be dubious. Im glad you used the word, sketchy, because sketchy comes to mind with Keith Davidson. Part of that is because he did not want to acknowledge his s full complicity in either of these deals. He was shadowy, for example, w about how we got involved representing Stormy Daniels in the first place. I mean it is a weird gig. And how the deal was resurrected after he told Michael Cohen after he failed to fund the settlement, i am out and by the way i dont represent Stormy Daniels or Gina Rodriguez anymore. Nonetheless, Michael Cohen gets called back into action and the whole deal gets papered in 24 hours. We know that because of the banker. What was your impression . I think both of you were on the same page that pecker was an interesting witness and frank and not squarely and very upfront about the world he operates in and for that reason was a fairly credible witness. What did you think of davidson today . Look, i thought he was also basically straight and most important he really brought us to the precipice of Stormy Daniels and the crisis. There were these texts that every step and then when the access Hollywood Tape hits you have him talking and saying he is deschutes the end, waved the white flag. In the end he was very effective in reinforcing the notion that at this point it is a Nitroglycerin Crisis that has to be dealt with. When Planet Hollywood drops. When Access Hollywood drops, yes. Access hollywood, i always do that. I dont want to defame the wonderful restaurant chain. Great business idea. The key, kind of Narrative Point i took away. Im following this on the slack channel, but the idea that there was the mcdougal deal, that it set off alarms i internally. At ami. Then there is the stormy deal and it kind of sputters out and Michael Cohen is being squarely and not really coming up and that is dead and what resurrects it is the crisis of Access Hollywood. Yes and no, because the crisis precipitates the initial deal negotiations. At some points it falls apart. In midoctober after Access Hollywood already happens, but dylan howard and others decide it has to be dealt with, because Stormy Daniels and Gina Rodriguez are kind of now separated from Keith Davidson and going out and shopping her g story. So youve got a real problem. And thats the bigger point. There are hiccups, but the urgency is always there and that is most important, because really what is the defense going to say about that . It is all set up to really try to savage Michael Cohen, but he is out there paying 130,000, knowing he cant take someone to lunch without trumps approval. What is the actual narrative that has him doing that that is not trying to put out this fire . I will say Keith Davidson was impossible for the prosecution today because he would not say, at least in response to a question that merchan would allow, that he understood trump was the ultimate pocketbook for the Stormy Daniels settlement and prosecutors desperately wanted him to say that. I think there were experienced lawyers in the room, harry included, looking at him like can you ask this question in a way the guy could answer, but he needed to lay the foundation for the fact Keith Davidson had an understanding at all, that it wasnt just an assumption trump was going to pay it. It was not just cohen freelancing you there and they did not get that neat and cleanly today. They might on thursday. There were text displayed today. We might have Courtroom Sketches of this. These were text between the inquirer, the ami, dylan howard, and davidson. What is the substance of those exchanges . I think the substances mostly to show these guys were in touch very frequently. They are working this deal. They are working the sand they both understand that both sides have an interest in ha coming to these agreements. First mcdougal and then Stormy Daniels, even though davidson testified he wanted to rid himself of the whole thing. He found cohen detestable, but just when he thinks he is out he gets pulled back into doing this deal. Flip sides of the same deal. Quickly, 90 seconds. I will put on the clock for you to talk about the strangeness k of the e. Jean carroll deposition, Court Reporter and cspan archives. What was that about . As you said, that they were not stipulating. Everybody stipulates, so they were going through the sword of firstyear law School Requirements for Business Records exception, et cetera. I thought the jury would be very bored. They actually seemed to be paying attention to this. Take me through. I read the monologue, so i understand the point, but hammer it home. Here is a campaign tape. It is public record. Stipulated is accurate. We know this is the real voice of donald trump. Not just that. Cspan did it in the regular court regular course of business. Dont stipulate. You have to establish a chain of custody of this document and authenticate it with a person who can speak with authority to its authenticity. That is it. You have to be able to show that it is what it looks like. Okay and then the banker, who seems like basically he is basically like Michael Cohen is really rushing and desperate and he doesnt know much about this deal, but is maybe like sniffing around it. I think he is saying that Michael Cohen was always in a rush and real estate transactions are often rushed. Even though there was something a little funny about it in retrospect and certainly once we know about Stormy Daniels, while we were going through it it did not strike us as out of the ordinary because it was in keeping with how Michael Cohen behaved and in keeping with our real estate clients behave and e Michael Cohen represented that he was establishing a real estate consultancy. Hold that thought, because youre going to stay right here. I want to talk about that, the gag order ruling, how trump is enjoying his time in the freezing courthouse, eight hours a day. That is all next. All next. Ite listen to science. One a day is formulated with key nutrients to support whole body health. One a day. Science that matters. On your period, sudden gushes happen. Say goodbye gush fears thanks to always ultra thins. With rapiddry technology. That absorbs two times faster. Hellooo clean and comfortable. Always. Fear no gush. Tech at safelite, well take care of fixing your windshield. 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Or that propane can cut your energy costs at home . It powers big jobs and small ones too. From hospitals to hospitality, people rely on propanean Energy Source thats affordable, plentiful, and environmentally friendly for everyone. Get the facts at propane. Com now. So today we finally got the longawaited ruling on whether or not donald trump violated the gag order in his new york election interference case. Prosecutors flagged 10 instances that they said ran afoul of the judges order. Most of the posts attack Michael Cohen, citing a New York Post article calling him a serial per juror. Others go after Stormy Daniels. Today the judge agreed with the prosecution on nine of those 10 instances. Judge Merchan Finding donald trump in Contempt Of Court and ordering him to delete the posts by 2 15 this afternoon, which he did. He is also to pay 9000 by friday and if he does it again the judge warned that the court will not tolerate continued, willful violations of its orders and if necessary and appropriate under the circumstances it will impose an incarceration punishment. Harry, youre saying something when i cut you off before we went to break. Do you remember what it was . No, but you buried the lead, because this was the first time trump is heard, next time you are going in. What preceded this was merchan saying this money was not effective and really he has now raised the money and says next time im coming down. You made the point that the 1000 fine is prescribed by new york law. Judge, you were with us and you made a point that a lot of people took a lot of notice of and i have heard back from folks who talked about the point you made in this area. You can say that there is going to be jail time and i will not tell you how much it is or where it is until after the trial so you try to get this disincentive effect. What do you think of the ruling by judge merchan today . The judge was totally within his discussion. He found nine violations, but there is a bit of a dilemma and it is another Contempt Hearing coming up on thursday and that is for more alleged violations. So if the jud