Yet received a response. Tonight on all in there are so many moving pieces that i think it becomes harder and harder to see how one of these cases actually make it to trial other than the one in new york, before the election. New york or bust as judge cannon delays the classified Documents Trial indefinitely. It is truly a disgrace that she is not doing her job. Tonight, the failure of the court still donald trump accountable. Then President Biden heads to wisconsin to troll his rivals failure. You dug a hole with those golden shovels and then they fell into it. And a rare moment of agreement on capitol hill. Declaring the office of the speaker of the House Of Representatives to be vacant. As Democrats Team up with republicans to save speaker johnsons job. This is another wednesday on capitol hill. All in starts right now. Good evening from new york, i am chris hayes. For all of Donald Trumps attempts to subvert and sabotage the democratic process to steal the last election in 2020, overall the system held. Maybe barely, but it held. When push came to shove the vast majority of people involved in the election and institutions stare down a novel attempt to destroy the rule of law and they did the right thing. The system might have been, but it did not break. In dozens of cases, more than 60, judges up and down the entire judicial system, including judges appointed by trump and other republicans, ruled that trumps claims of voter fraud were complete nonsense and individual lawyers and legal officials, republicans in and out of the white house, stood up against trump, too. There is almost no idea more unamerican than the notion that anyone person would choose the american president. The president said suppose i do this, suppose i replace him with clark and he said what would you do . I said i would resign immediately. Theres no way im serving one minute under this guy, jeff clark. I told him that the claims attorney general barr fled and resigned when the going got tough, but you got the point. It is important to point out because what we are seeing now in the last few weeks are glimmers of what it looks like when the courts dont hold. So yesterday federal judge Aileen Cannon, a trump appointee who first made a name for herself in an egregious ruling on his behalf in the Documents Case, she announced she was indefinitely postponing trumps criminal trial for stealing topsecret government documents and she did so, and this is the important part, without much of a legal justification at all. She is opting not to settle open questions before her. Which is her choice. I mean, that is her choice. And then pointing out the fact that they are not settled as the reason why she has to further delay. Dont take my word for it. Here is the new york times. But while the stated reason for putting off the trial indefinitely was that a large number of legal issues remained up in the air, she never mentioned that she herself helped the logjam of motions to pile up. Over and over she has treated seriously arguments that most federal judges would have rejected out of hand. Often her acceptance of unorthodox claims have resulted in significant delays and bringing the charges in the classified Documents Case in front of a jury. We all know this. What donald trump wants most is for this child to be delayed after the election and cannon has so far granted him that wish. Im not a lawyer, but i follow this quite closely. A lot of Smart Attorneys and legal experts with different backgrounds have said theyve simply never seen anything quite like what cannon is doing. By transparently putting her thumb on the proverbial scale to delay and thereby benefit the man who put her on the bench in the first place. As obama attorney general eric holder said yesterday, and this is really something for him to say, lets deal with the reality here. The whole process has not been on the up and up. Some, like former george w. Bush white house lawyer have speculated that the judge cannon holds ambitions for higher office, maybe the supreme court. Others like ty cobb think she is both incompetent and in the tank for the expresident. All she has done is make official what everybody including jack smith already knew, which is no intention of getting this case to trial and she was not competent to get this case to trial. The things she has done are really inexplicable and it is tragic how she talks about having honored the administration of justice by postponing the trial. She has not honored the publics interest for one day in this case. This obvious Conflict Of Interest raises an important point. The rule of law, which we talk about a lot on the show and network and venerate is only as good as the people executing it in good faith. To be clear, there are plenty of autocracies from egypt to russia that have laws, statutes, lawyers, judiciaries, bar associations, their version of it. They have all that stuff. They just execute the law in a way that essentially supports a predetermined outcome that is corrupted by the power of certain authorities. Take the example of the Wall Street Journal reporter who is currently incarcerated in russia under bogus espionage charges. He is not a spy, he is a journalist. He has lawyers. He is accused of violating specific laws. They didnt just say we are kidnapping him. His case is ostensibly going through the russian legal system. You see him at these court dates he keeps having, but no one seriously believes this is anything other than trumped up to essentially take an american hostage to trade for someone or believes that he is going to have a fair trial. The strategy is obviously to delay as long as possible to keep this man hostage for political reasons and that is what keeps happening in court date after court date. We know whats going to happen and again, i cant stress this enough. In many ways i dont think it is an overstatement to say that is the difference between a free society and an authoritarian one. It is not judges and lawyers, everyone has lows. To be clear we are nowhere near that level of judicial corruption we are seeing in russia, in this country, or from what we are seeing from judge cannon or the supreme court. These are totally different worlds. The trump the court is entertaining trumps ridiculous claims of immunity. That we might not be able to count the court as an impartial judiciary anymore. These are different worlds, but what we are seeing is a glimmer of what it looks like when you just cant really trust that good faith is driving the process. That is what it is. The problem becomes what to do about it and the only answer i can come back to and i have thought about this a lot at the human level is shame, norms. In the end that is what saved us the last time around. Yes, the law helped, but if the doj had been to trumps will if there had been three or four lawyers who are willing to send a letter baselessly claiming there was widespread voter fraud or if mike pence had a need to throw out the elect theres from swing states. If his lawyers advised him he could do that. I dont know. Always got our individual people, formed by the norms and institutions they are embedded in, making decisions. Hopefully coming to the right conclusions and acting in good faith or at the very least bowing to public pressure or shame not to do the wrong thing. The least we can do now is state plainly and openly that what trump appointed judge Aileen Cannon is doing is a scandal. When our judges dont act in good faith, in an effort to achieve a desired outcome, we are in dangerous territory. That is true with donald trump running to finish the job he started on january 6. A job that can only be completed if the judiciary allows itself to be corrupt and right now the signs are not promising. Andrew weissmann spent years working in the Department Of Justice, most recently as the lead prosecutor for special counsel Robert Muellers team. Mary mccord served as the chief of the Criminal Division and of course they host together the awardwinning, prosecuting donald trump podcast, which is a must listen and the lifeline if you are following all this. They join me now. Great to have you both. Heres the conundrum. Trumps view of all of this stuff he has the authoritarian view. All of the laws are nonsense. You tell me who the judges. I dont want to end up mirroring that view, so when he says of course the judges ruling against me, he has a hack or this biden judges ruling against me. So i really want to bend over backwards to avoid that because i dont have that view. I think good faith is a good thing. I think the law actually operates. Am i wrong to be really unnerved by the actions of judge cannon . No, youre not. By the way, that phrase, that donald trump says, came from roy cohn. Essentially no one has principles. Might makes right. The two are not a nation of laws. Mary and i were both in the National Security community and the alleged crimes in the mara lago case are so important to that community, to have them vindicated. Donald trump saying he has all sorts of defenses. A number of things. The Department Of Justice wants to give him his day at court. By saying the public has a right to exactly. This is a situation where we are saying we want to be held to our burden to prove this beyond a reasonable doubt. We want to vindicate the publics right to a speedy trial. In florida with a judge appointed by trump. In terms of where they brought the case. There were parts of the case that they could have brought, but they do what you are supposed to do. Where is the sort of locus of all the facts . One out of three chance that this is what they would get and to say it is a disgrace, to say it is disappointing is too mild. I agree with you, it is fundamentally upsetting, because there arent a lot of checks in the system for a judge who behaves this way. Whether it is because of partisanship, incompetence, or a combination, it is kind of irrelevant, because the result is the same. Mary, i want to read to you from judge cannons justification that the Court Determines a trial date at this juncture before the resolution of the pretrial and issues remaining and forthcoming would be inconsistent with the courts duty to fully and fairly consider the pretrial motions before the court and necessary to present this to a jury. A lot of people point out that those motions have stacked up because she has not resolved them. Yes, thats right. You know, she also, in a lengthy footnote in the same order today, listed all the things she has resolved almost as if she wanted to justify, look, ive been doing a lot of work. Ive had a lot of hearings, but there are so many more because this case is complex. In some ways it is. It involves the classified information procedures act. I know she had never dealt with that before. You know what she lacks beyond experience and competence as a judge . She also, i think, lacks mentors and by that i mean in the d. C. District court for example we have a very experienced bench and when a new judge comes to the bench some of the most senior judges, people like recently retired judge thomas hogan, they take those new judges under their wing. Particularly on a case that is sensitive like this or involves classified information or involves, you know, something beyond the runofthemill legal issues. They are a sounding board. They are somebody to talk to about here is how you should think about scheduling. Here is why it is important to move this along. Here are things you can rule on the papers and she is down in the district with two other judges, so i feel like im not going to get in her head about what her motives are. We all know the record. We know her early rulings when donald trump tried to prevent the Department Of Justice from reviewing classified information or having the Intelligence Community review classified information to determine what damage it might have done to National Security by being so improperly stored and subject to guests and visitors at maralago seeing a door getting information from what was stored there. Beyond trying to discern motives, there is an utter lack of experience and that shows every time she grants a continuance. Every time she schedules things for more time than they need and every time that she refuses to rule on the papers and instead has hearings when she doesnt. We see this i think time and time again. Quickly and to you, briefly, andrew, to me there is a contrast with this and what is happening in new york. Look, i sort of feel like whatever the outcome is, i feel like this has been a good faith process. Maybe they will acquit him. Maybe it will be a hung jury, i dont know. Ultimately it feels like a good faith process. Absolutely ended many ways this is an ideal trial. You have an experienced judge who has the temperament that you want, but you are also seeing collectively and experienced defense team. An experienced prosecution team. A lot of defendants, 99. 9, do not have that. So you are seeing in new york the Justice System the way it should be and i agree with you. The jury will do what the jury does. Andrew weissmann and mary mccord, thank you both. Really appreciate it. Coming up, a major embarrassment for Marjorie Taylor greene. Why democrats did something they havent done before. They stepped in to save the republican speaker. Thats next. Er. Thats next. And could reactivate. Shingles strikes as a painful, blistering rash that can last for weeks. And it could wake at any time. Think youre not at risk for shingles . Its time to wake up. Because shingles could wake up in you. 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And we also need nuggets. Impossible. Were solving the meat problem with more meat. And theyre all coming . Those who are still with us, yes. Grandpa whats this . Your wings. Light em up gentlemen, its a beautiful. Day to fly. This afternoon, Georgia Republican congresswoman Marjorie Taylor greene made good on her threat to oust republican speaker mike johnson. The form of the resolution is as follows. Declaring the office of speaker of the House Of Representatives to be vacant. This is the party for the American People watching. The gentle lady will suspend. Order. Order. It looks fun banging that gavel, didnt it . Things did not get better from there. The republican Majority Leader moved to table the motion, which would kill it. Within 40 seconds of the vote opening, it had the support to pass and then in the end democrats and republicans voted to save Mike Johnsons speakership. According to the House Minority leader, it was the right thing for his caucus to do. Our decision to stop Marjorie Taylor greene from plunging the House Of Representatives and the country into further chaos is rooted in our commitment to solve problems for Everyday Americans in a bipartisan matter. Bipartisan manner. We need more common sense and less chaos in washington, d. C. Marjorie Taylor Greene and extreme maga republicans are chaos agents. House democrats are change agents. Joining me now, or National Political reporter who has been all over capitol hill covering the effort to oust speaker johnson. As someone embedded in the story, what did you think of todays outcome . It was an extraordinary and somewhat theatrical series of events. The outcome has not been in doubt. It is been clear that democrats would provide the votes to table this motion, essentially kill the effort to oust mike johnson, but also the first time in modern history weve seen the speaker of the house have to rely on votes from the Minority Party to save his job. To avoid himself getting overthrown. So that was notable and ultimately why Marjorie Taylor greene did this. She wanted to make a point that mike johnson cannot support in that cannot survive in that job. This was a vote to table the vote to overthrow. It is parliamentary gibberish, but it is important to democrats because they can go home and say they just prevented Marjorie Taylor greene from getting her vote. Thats important because 163 democrats effectively voted to save mike johnson in this job, a man they described as an election denier, dangerous to democracy. Earlier today they accused of scaremongering. What democrats are trying to do is present themselves as the adults in the room, to present themselves as team normal against squabbling delinquents. Unlike mccarthy, johnson clearly negotiated. When i was covering the mccarthy stuff and we were on air, what was clear was democrats didnt trust the guy and he never reached out. He didnt say look, they are going to come after me, lets strike a deal. I dont know if there was an