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Should the Chief Justice have to answer for an outof control court . As we await Jury Instructions in new york. I did everything right and they indicted me. George conway on the man nikki haley just indoors. Do you think donald trump would follow the constitution if he were elected to a second term . I dont know. The american doctor who shot these unbelievable Scenes Inside A Gaza Hospital and he will join me live. All in starts right now. Good evening from new york. Im chris hayes. Its been 24 hours since reporting by the New York Times revealed that a flag championed by the far right Christian National movement, displayed widely by january 6 insurrectionist as they Storm Thedonald trump also flew all summer long last year over the beachhouse of Supreme Court Justice Samuel alito. That news about that flag came days after we learned that his home in virginia also displayed an upside down american flags in the weeks after the violent sacking of the capitol. Another symbol, adopted and embraced by trump stop the steal support. In that case, alito responded to questions in an email statement saying his wife , you know, the wife, hoisted that inverted flag in a dispute with their liberal neighbors. Why . It does not say. In the days since news of the second rightwing flag broke, there has been no response from the court or its chief Justice John Roberts who now faces a growing chorus of voices calling for him to appear before congress and explain the conduct of the members of his court. That is in addition to calls for alito at a minimum to recuse himself from two hugely consequential january 6 related cases sitting before the Supreme Court. Over his explicit and obvious violations of regulations on judicial conduct. If Justice Alito does not recuse himself from the Trump Immunity Case and the january 6 case, he will do irreparable damage to the Supreme Court. He definitively needs to recuse himself. Of course, you should recuse himself from these cases. At a minimum, he has to recuse himself. He should recuse himself for many trump related cases. Its happening on a day when the Supreme Court was open for business, handing down decisions i cases it heard this spring. It was possible they might announce some action on one of those cases the people say alito should recuse from, trumps claim for his attempts to overturn the 2020 election. That the case a high court has sat on for months. It has been 164 days, nearly half a year since special counsel jack smith asked the justices to weigh in on trumps Immunity Claim saying basically look, i know the Supreme Court will want to weigh in on this and The American Voting Public has a right to know the outcome of trumps case before the 2024 election, and the court rejected that request and they waited. They are slow walking their decision now. Here we are now nearly half a year later, its harder and harder to think someone like alito whose household flew flags supporting the insurrection over not one but two of his houses is in any way qualified to be a persona makes judgments on these cases. The court did not announce a ruling today in the immunity case. Who knows when or if they ever will. These sixthree majority that destroyed abortion rights and the majority that bose multiple members who flagrantly violated ethics, covering everything from undeclared gives to conflicts of interest to open politicking all of which apply to the federal judges below the Supreme Court, that majority threw open the floodgates for gerrymandering schemes. The Court Conservatives sided with the redistricting plan for South Carolina republicans that pulled thousands of black voters out of the key battleground district. In a decision that was authored by samuel alito, the majority agreed with those republicans. They were not trying to disenfranchise voters of color, they were trying to disenfranchise democrats and most of them happen to be black. See how that works . A decision that will make it easier for republicans to box out voters of callers as long as i can argue there gerrymandering is based on political identity first and ray second. A ruling that endangers a basic principle of one person one vote. Another active rightwing steamrolling of what the trump era has wrought. We keep learning more daily about how unaccountable they are. When a justice like samuel alito flies this Pro Insurrectionist flag, right wing flag not once but twice over his homes, the same flag flow by Billionaire Republican donor who not only handpick trumps Supreme Court nominees but alito and thomas gave both hundreds of thousand dollars of gifts or at least facilitate those in trips in recent years. [ laughter ] they are part of the same club. Im just a judge. Supreme Court Justice samuel alito did not have to fly those like max to be a true conservative friend to trump. Think about this. He is one of the most powerful reactionaries in the country. Arguably the most . His court opinions, speeches, media appearances, he could just do that. Why did he fly the flag . He had to go an extra step and advertise. Take that flag and his vacation home, right . Its a signal about who he thinks he answers to. He knows he is not supposed to do that. He knows any other judge would get in trouble. He cannot do that but he thinks he answers to no one. We will see if he is right. The minimum suggested readiness to keep pushing past any boundaries is a movement that alito is clearly a member of looks to destroy the current american Constitutional Order. Senator peter welch is a senator of vermont who serves on the committee and joins me now. Senator, ive seen a number of folks on the right rushing to his defense which is not surprising because hes a member their team which is a controversy at issue here. They say its Much Ado About Nothing. Do you think its Much Ado About Nothing . The court is in crisis and that means the Constitutional Order is in crisis. You have a full on embrace by the court as a result of a timid Chief Justice. They think they can do what they want beyond Making Key Decisions that i profoundly disagree with, but to exhibit conduct that conveys a political orientation, the two flags you mentioned are very much an endorsement of the january 6 activity. You have Justice Thomas wife and january 6 was in communication with top aides of former President Trump. Theres two issues here. What can congress do . We have the authority to pass the White House Bill whos been great on this because congress could impose a code of ethics. Practical reality is, with a divided senate, divided congress, probably dont have the capacity to get that done. My view here is weve got to start focusing on the failure of chief Justice Roberts to do the job that a Chief Justice has. Thats two things profoundly. What is the bill of consensus . The second is to impose the collectively that protect the integrity and reputation of the court. You have the timid leadership. And looking the other way approach by chief Justice Roberts. When we had the Brown Versus Board Of Education decision in 1954 that ended separate but equal, extraordinarily consequential decision, very divisive, it was going to be reacted to win the south by a court of nine justices. Some republican and some democrat. It was unanimous and you didnt have justices flying upside down like max when they were making that decision. Congress can try but we will have a partisan fight. Chief Justice Roberts has got to accept the burden of responsibility that other Chief Justices have embraced and that is consensus, demand ethical standards. Okay, but and practical terms, for the notion that i dont even know what the constitutional status of this is although i think in the courts recent jurisprudence on subpoenas would subpoenas, can you invite Justice Roberts to come before the committee in open session and explain himself . It seems so much ado explaining. We are just going to hide and let this wash over and no one can tell us to do anything even though we are a coequal branch of government seems suspect to me. Chief Justice Roberts owes the congress and the American People an explanation of what is going on. Senator durbin invited him earlier when some of the stuff came up. He rejected. We get to the Subpoena Question again, the capacity to enforce that when we do not have 60 votes in the senate to do it. Its frustrating for us, believe me. The Chief Justice of the Supreme Court, does he not have an obligation to the American People to explain why it is that nine justices on the Supreme Court in contrast to the over 800 justices at the district, appellate courts, who are subject to enforceable ethical standards, why those nine are exempt from them is absolutely undercutting the integrity of the court. Hes failing in his responsibilities and he will not step up and do it. I am for inviting them in and explain why this is okay. Senator, are there broader ways that democrats in congress should be conceptualizing a way of reordering the relationship between the branches . I think you could make a case they have gotten a little out of whack and its happened before and i said this last night, your colleague senator blumenthal and others that throughout American History there have been moments where that equilibrium between branches has to be resettled. Saw this during the new deal. Saw it in the runup to the civil war. Arguably one of the causes of the civil war, a failure to renegotiate the settlement. You saw it during world war ii to a certain extent. You saw it during the war in court in its own way. Do you think its one of those moments . I absolutely do. They need term limits. They should have 18 year terms and every president will have an opportunity to make two appointments to the Supreme Court. That allows the people to wait in. The people, by deciding who it is they want to be president , picking his value that they see and that person they select this has gotten so extreme where you have extremely partisan appointees, especially on the republican side, where the hearing that validates their nomination is not before the Senate Judiciary committee on which i said but before the Federalist Society where they have to check the box and assure them they will overturn roe v. Wade even as they later tell the Senate Judiciary committee they would never think of doing such a thing. Senator welch, thank you very much. A justice correspondent for the nation and joins me now. I want to start a what we got from the court today and the fact it was a alito authored decision from the trump majority 63 majority, liberals in dissent, holding up a republican gerrymandering. The line between the alito flag story and the thomas story and their wives and what we saw today from the Supreme Court in this decision, the through line between that is they do not want black peoples votes to count equally. You think that is true of Clarence Thomas . I know it is true of Clarence Thomas. Clarence thomas in his concurrence today wrote straight up that he does not think the 14th Amendment and the equal protection clause of that amendment can be used to protect the Voting Rights of black people. He aint married to ginni thomas for nothing. Thats what the man thinks. He wrote it today. Understand this, when these people like alito and thomas support the insurrection, what are they saying . They are saying that trump won lost the election but won the white vote which is true. He did. He won the white vote a lot. He won the white vote by a lot. What alito and thomas are saying is its that white trump that are the only puts it matter. We should do what the white voters want. When they write these decisions like they did in the gerrymandering case, what they are straight up saying is black voters can be diluted, can have their Voting Rights taken away simply because black voters happen to vote democrat. For a second because you invoke thomas. He joined the Concurrences A Radical Concurrence in which he basically says the Landmark 1962 Baker Versus Carr Case which is the cornerstone upon which american democracy is built. Its wrongly decided. The implication of that is if you are designing the Georgia State legislature, see you at 50 districts, you kids atlanta gets one member and 40 Rural Counties get their own member and thats perfectly constitutional. Baker versus carr says you cannot do that. Violates the 14th Amendment as well as other parts of the constitution. Thomas says straight up in the concurrence, you can do that the constitution does not forbid that. Thats not the finding of this extreme majority, alito where they have jurisprudence that says its okay to do partisan gerrymandering but not okay to do racial gerrymandering. In the south they are the same thing so we will let this fly. Way to explain it is thomas the 14th Amendment can never be used in the 15th amendment. Can never be used to protect black Voting Rights. Alito says it can be used and i will create a situation where you can never meet the burden of proof. He sets the bar so high that no plaintiffs will ever be able to reach it because he disregards the facts of the case. Remember, and this is so important when it comes to South Carolina, a District Court in South Carolina said their district was unconstitutionally racist. That was a finding of fact. Thats a District Court. Alito said we will not care about those facts are Pay Attention to the evidence and will do it on our own steam. In the broader context to me and you connected this back is the question of What American Democracy is and who gets to participate. I want to ask you about what your reaction to the second flag story. The first was jarring and galling to me. The second was a surprising because of course he is a right wing. Why are you doing it . What does it saying youre doing a. You are affirmatively doing a. Alito, who is going to check me phase in his life. He is looking at people like Senator Welch and say come at me. I know you are weak and will not do anything. He is right. Alito is right. He is acting the way hes acting because he knows democrats lack the strength to stop him and is shoving it in peoples faces at this point. You asked at the top, thats a great question and the senator asked, what will john roberts do . What can john roberts do . Folks, john roberts has spoken with a clear voice on this and that voice is, i dont care. We are talking Voting Rights decision that came out today. Authored by alito. That john roberts did not have to assign it to alito knowing he would let his proverbial freak flag mcfly. Why does he release the opinion today . Court has six weeks left. If you were at all ashamed of what alito is doing and you are roberts, you take that decision and stick it in a drawer for a couple of weeks, hoping the story blows over. John roberts does not care. You think that was signaling . Absolutely. Elena kagan, the second line of her dissent was and i will get it exactly right but the phrase was Something Like the majoritys decision is upside down. Using upside down methodology. That was not an accident. Elie mystal, thank you. As we wait the Jury Instructions for the ex president Criminal Trial, how what the judge does a jury could impact the final decision. Al decision. We are awaiting a key really from the judge overseeing Donald Trumps new york Criminal Trial on the Chief Justice<\/a> have to answer for an outof control court . As we await Jury Instructions<\/a> in new york. I did everything right and they indicted me. George conway on the man nikki haley just indoors. Do you think donald trump would follow the constitution if he were elected to a second term . I dont know. The american doctor who shot these unbelievable Scenes Inside A Gaza Hospital<\/a> and he will join me live. All in starts right now. Good evening from new york. Im chris hayes. Its been 24 hours since reporting by the New York Times<\/a> revealed that a flag championed by the far right Christian National<\/a> movement, displayed widely by january 6 insurrectionist as they Storm Thedonald<\/a> trump also flew all summer long last year over the beachhouse of Supreme Court<\/a> Justice Samuel<\/a> alito. That news about that flag came days after we learned that his home in virginia also displayed an upside down american flags in the weeks after the violent sacking of the capitol. Another symbol, adopted and embraced by trump stop the steal support. In that case, alito responded to questions in an email statement saying his wife , you know, the wife, hoisted that inverted flag in a dispute with their liberal neighbors. Why . It does not say. In the days since news of the second rightwing flag broke, there has been no response from the court or its chief Justice John Roberts<\/a> who now faces a growing chorus of voices calling for him to appear before congress and explain the conduct of the members of his court. That is in addition to calls for alito at a minimum to recuse himself from two hugely consequential january 6 related cases sitting before the Supreme Court<\/a>. Over his explicit and obvious violations of regulations on judicial conduct. If Justice Alito<\/a> does not recuse himself from the Trump Immunity Case<\/a> and the january 6 case, he will do irreparable damage to the Supreme Court<\/a>. He definitively needs to recuse himself. Of course, you should recuse himself from these cases. At a minimum, he has to recuse himself. He should recuse himself for many trump related cases. Its happening on a day when the Supreme Court<\/a> was open for business, handing down decisions i cases it heard this spring. It was possible they might announce some action on one of those cases the people say alito should recuse from, trumps claim for his attempts to overturn the 2020 election. That the case a high court has sat on for months. It has been 164 days, nearly half a year since special counsel jack smith asked the justices to weigh in on trumps Immunity Claim<\/a> saying basically look, i know the Supreme Court<\/a> will want to weigh in on this and The American Voting Public<\/a> has a right to know the outcome of trumps case before the 2024 election, and the court rejected that request and they waited. They are slow walking their decision now. Here we are now nearly half a year later, its harder and harder to think someone like alito whose household flew flags supporting the insurrection over not one but two of his houses is in any way qualified to be a persona makes judgments on these cases. The court did not announce a ruling today in the immunity case. Who knows when or if they ever will. These sixthree majority that destroyed abortion rights and the majority that bose multiple members who flagrantly violated ethics, covering everything from undeclared gives to conflicts of interest to open politicking all of which apply to the federal judges below the Supreme Court<\/a>, that majority threw open the floodgates for gerrymandering schemes. The Court Conservatives<\/a> sided with the redistricting plan for South Carolina<\/a> republicans that pulled thousands of black voters out of the key battleground district. In a decision that was authored by samuel alito, the majority agreed with those republicans. They were not trying to disenfranchise voters of color, they were trying to disenfranchise democrats and most of them happen to be black. See how that works . A decision that will make it easier for republicans to box out voters of callers as long as i can argue there gerrymandering is based on political identity first and ray second. A ruling that endangers a basic principle of one person one vote. Another active rightwing steamrolling of what the trump era has wrought. We keep learning more daily about how unaccountable they are. When a justice like samuel alito flies this Pro Insurrectionist<\/a> flag, right wing flag not once but twice over his homes, the same flag flow by Billionaire Republican<\/a> donor who not only handpick trumps Supreme Court<\/a> nominees but alito and thomas gave both hundreds of thousand dollars of gifts or at least facilitate those in trips in recent years. [ laughter ] they are part of the same club. Im just a judge. Supreme Court Justice<\/a> samuel alito did not have to fly those like max to be a true conservative friend to trump. Think about this. He is one of the most powerful reactionaries in the country. Arguably the most . His court opinions, speeches, media appearances, he could just do that. Why did he fly the flag . He had to go an extra step and advertise. Take that flag and his vacation home, right . Its a signal about who he thinks he answers to. He knows he is not supposed to do that. He knows any other judge would get in trouble. He cannot do that but he thinks he answers to no one. We will see if he is right. The minimum suggested readiness to keep pushing past any boundaries is a movement that alito is clearly a member of looks to destroy the current american Constitutional Order<\/a>. Senator peter welch is a senator of vermont who serves on the committee and joins me now. Senator, ive seen a number of folks on the right rushing to his defense which is not surprising because hes a member their team which is a controversy at issue here. They say its Much Ado About Nothing<\/a>. Do you think its Much Ado About Nothing<\/a> . The court is in crisis and that means the Constitutional Order<\/a> is in crisis. You have a full on embrace by the court as a result of a timid Chief Justice<\/a>. They think they can do what they want beyond Making Key Decisions<\/a> that i profoundly disagree with, but to exhibit conduct that conveys a political orientation, the two flags you mentioned are very much an endorsement of the january 6 activity. You have Justice Thomas<\/a> wife and january 6 was in communication with top aides of former President Trump<\/a>. Theres two issues here. What can congress do . We have the authority to pass the White House Bill<\/a> whos been great on this because congress could impose a code of ethics. Practical reality is, with a divided senate, divided congress, probably dont have the capacity to get that done. My view here is weve got to start focusing on the failure of chief Justice Roberts<\/a> to do the job that a Chief Justice<\/a> has. Thats two things profoundly. What is the bill of consensus . The second is to impose the collectively that protect the integrity and reputation of the court. You have the timid leadership. And looking the other way approach by chief Justice Roberts<\/a>. When we had the Brown Versus Board Of Education<\/a> decision in 1954 that ended separate but equal, extraordinarily consequential decision, very divisive, it was going to be reacted to win the south by a court of nine justices. Some republican and some democrat. It was unanimous and you didnt have justices flying upside down like max when they were making that decision. Congress can try but we will have a partisan fight. Chief Justice Roberts<\/a> has got to accept the burden of responsibility that other Chief Justice<\/a>s have embraced and that is consensus, demand ethical standards. Okay, but and practical terms, for the notion that i dont even know what the constitutional status of this is although i think in the courts recent jurisprudence on subpoenas would subpoenas, can you invite Justice Roberts<\/a> to come before the committee in open session and explain himself . It seems so much ado explaining. We are just going to hide and let this wash over and no one can tell us to do anything even though we are a coequal branch of government seems suspect to me. Chief Justice Roberts<\/a> owes the congress and the American People<\/a> an explanation of what is going on. Senator durbin invited him earlier when some of the stuff came up. He rejected. We get to the Subpoena Question<\/a> again, the capacity to enforce that when we do not have 60 votes in the senate to do it. Its frustrating for us, believe me. The Chief Justice<\/a> of the Supreme Court<\/a>, does he not have an obligation to the American People<\/a> to explain why it is that nine justices on the Supreme Court<\/a> in contrast to the over 800 justices at the district, appellate courts, who are subject to enforceable ethical standards, why those nine are exempt from them is absolutely undercutting the integrity of the court. Hes failing in his responsibilities and he will not step up and do it. I am for inviting them in and explain why this is okay. Senator, are there broader ways that democrats in congress should be conceptualizing a way of reordering the relationship between the branches . I think you could make a case they have gotten a little out of whack and its happened before and i said this last night, your colleague senator blumenthal and others that throughout American History<\/a> there have been moments where that equilibrium between branches has to be resettled. Saw this during the new deal. Saw it in the runup to the civil war. Arguably one of the causes of the civil war, a failure to renegotiate the settlement. You saw it during world war ii to a certain extent. You saw it during the war in court in its own way. Do you think its one of those moments . I absolutely do. They need term limits. They should have 18 year terms and every president will have an opportunity to make two appointments to the Supreme Court<\/a>. That allows the people to wait in. The people, by deciding who it is they want to be president , picking his value that they see and that person they select this has gotten so extreme where you have extremely partisan appointees, especially on the republican side, where the hearing that validates their nomination is not before the Senate Judiciary<\/a> committee on which i said but before the Federalist Society<\/a> where they have to check the box and assure them they will overturn roe v. Wade even as they later tell the Senate Judiciary<\/a> committee they would never think of doing such a thing. Senator welch, thank you very much. A justice correspondent for the nation and joins me now. I want to start a what we got from the court today and the fact it was a alito authored decision from the trump majority 63 majority, liberals in dissent, holding up a republican gerrymandering. The line between the alito flag story and the thomas story and their wives and what we saw today from the Supreme Court<\/a> in this decision, the through line between that is they do not want black peoples votes to count equally. You think that is true of Clarence Thomas<\/a> . I know it is true of Clarence Thomas<\/a>. Clarence thomas in his concurrence today wrote straight up that he does not think the 14th Amendment<\/a> and the equal protection clause of that amendment can be used to protect the Voting Rights<\/a> of black people. He aint married to ginni thomas for nothing. Thats what the man thinks. He wrote it today. Understand this, when these people like alito and thomas support the insurrection, what are they saying . They are saying that trump won lost the election but won the white vote which is true. He did. He won the white vote a lot. He won the white vote by a lot. What alito and thomas are saying is its that white trump that are the only puts it matter. We should do what the white voters want. When they write these decisions like they did in the gerrymandering case, what they are straight up saying is black voters can be diluted, can have their Voting Rights<\/a> taken away simply because black voters happen to vote democrat. For a second because you invoke thomas. He joined the Concurrences A Radical Concurrence<\/a> in which he basically says the Landmark 1962 Baker Versus Carr Case<\/a> which is the cornerstone upon which american democracy is built. Its wrongly decided. The implication of that is if you are designing the Georgia State<\/a> legislature, see you at 50 districts, you kids atlanta gets one member and 40 Rural Counties<\/a> get their own member and thats perfectly constitutional. Baker versus carr says you cannot do that. Violates the 14th Amendment<\/a> as well as other parts of the constitution. Thomas says straight up in the concurrence, you can do that the constitution does not forbid that. Thats not the finding of this extreme majority, alito where they have jurisprudence that says its okay to do partisan gerrymandering but not okay to do racial gerrymandering. In the south they are the same thing so we will let this fly. Way to explain it is thomas the 14th Amendment<\/a> can never be used in the 15th amendment. Can never be used to protect black Voting Rights<\/a>. Alito says it can be used and i will create a situation where you can never meet the burden of proof. He sets the bar so high that no plaintiffs will ever be able to reach it because he disregards the facts of the case. Remember, and this is so important when it comes to South Carolina<\/a>, a District Court<\/a> in South Carolina<\/a> said their district was unconstitutionally racist. That was a finding of fact. Thats a District Court<\/a>. Alito said we will not care about those facts are Pay Attention<\/a> to the evidence and will do it on our own steam. In the broader context to me and you connected this back is the question of What American Democracy<\/a> is and who gets to participate. I want to ask you about what your reaction to the second flag story. The first was jarring and galling to me. The second was a surprising because of course he is a right wing. Why are you doing it . What does it saying youre doing a. You are affirmatively doing a. Alito, who is going to check me phase in his life. He is looking at people like Senator Welch<\/a> and say come at me. I know you are weak and will not do anything. He is right. Alito is right. He is acting the way hes acting because he knows democrats lack the strength to stop him and is shoving it in peoples faces at this point. You asked at the top, thats a great question and the senator asked, what will john roberts do . What can john roberts do . Folks, john roberts has spoken with a clear voice on this and that voice is, i dont care. We are talking Voting Rights<\/a> decision that came out today. Authored by alito. That john roberts did not have to assign it to alito knowing he would let his proverbial freak flag mcfly. Why does he release the opinion today . Court has six weeks left. If you were at all ashamed of what alito is doing and you are roberts, you take that decision and stick it in a drawer for a couple of weeks, hoping the story blows over. John roberts does not care. You think that was signaling . Absolutely. Elena kagan, the second line of her dissent was and i will get it exactly right but the phrase was Something Like<\/a> the majoritys decision is upside down. Using upside down methodology. That was not an accident. Elie mystal, thank you. As we wait the Jury Instructions<\/a> for the ex president Criminal Trial<\/a>, how what the judge does a jury could impact the final decision. Al decision. We are awaiting a key really from the judge overseeing Donald Trumps<\/a> new york Criminal Trial<\/a> on the Instructions Members<\/a> of the jury will receive. The Judgment Ski Decision<\/a> will be consequential because the instructions will form the basis for the jury decision whether to find trump guilty. On tuesday was the last day before the trial went on break for this very long holiday weekend. Prosecutors and trumps Defense Lawyers<\/a> argued over what should be included in the Jury Instructions<\/a>. The defense asked to add several notes including ones about the election related charge and the purpose of the testimony about the Access Hollywood<\/a> tape. Next week on tuesday, court comes back and resumes. We will have Closing Arguments<\/a> that they. Judge merchans said it may last the entire day and hope they can begin deliberating on wednesday after receiving their instructions. I am joined by Legal Correspondent<\/a> lisa rubin whos been inside the courthouse for the entirety of the trial. Theres a possibility we might get Jury Instructions<\/a> before its unclear if it will happen now. What are the key issues, outstanding we will learn the resolution of when we get the instructions . Some of the key instructions that have not gotten resolved yet is how the judge is going to define critical intent element. Lets go back to the actual charges. We often lose sight of it. President trump has been charged with falsifying Business Records<\/a> in the first degree meaning he has either falsified Business Records<\/a> himself caused others to do so with an intent to defraud including an intent to commit or conceal another crime. That is what bumps it up to a felony. The defense would like an instruction that says a person ask, im reading from the transcript, with intent to defraud in his or her conscious objective or purpose is to lead another into error or disadvantage. That matters here because the Trump Organization<\/a> is a privately held company. The argument is President Trump<\/a> did not have an intent to defraud because who was he trying to defraud . They are the records of the Trump Organization<\/a>, and theres nobody who would be on the receiving end of these records. Judge merchan is not likely to give the instruction the way they want because he says intention to defraud does not require there is a particular person out there youre trying to defraud. You could be trying to keep false Business Records<\/a> for a rainy day so when, for example, the ftc comes knocking, you have something already cooked that makes it look like something the prosecutors would say it was not. Thats an example of a way in which the defense is trying through Jury Instructions<\/a> to accomplish something that maybe the evidence in the case does not accomplish for them. There was some back and forth on this missing witness question whether instructor whether the absence of Allen Weisselberg<\/a> who is in rikers right now did not testify and testimony indicates he was a party to the plot to pull this off. The judge would say Something Like<\/a>, will or wont flag his absence . Right now he is not going to. This came up in the context of the judge basically saying to the prosecution, you cannot tell the jurors that he is unavailable because technically he is not. While he is in rikers, you have the right to subpoena him and bring him here. And we can find out by bringing him here what he is or is not prepared to testify to and im prepared to examine him outside the presence of the jury so we can determine the bounds of his testimony if you were to call him as a witness. The prosecution declined. Why . Allen weisselberg has take agreement through which the Trump Organization<\/a> agreed to pay him 2 million as part of the severance agreement, he owes Cooperation Obligations<\/a> to the trumps including not voluntarily aiding anybody with a claim, civil or criminal, against the Trump Organization<\/a> or any of its former or current principals including donald trump. They did not call him and now there wont be the missing witness instruction. We have this long Holiday Break<\/a> which is string and anomalous, but would it look like there might be this crazy thing where they got the case and sat on it and the judge said reset on tuesday which seems a good idea. Are we going to get a full day of Closing Arguments<\/a> which seems long to me . It seems long and thats what we are going to get. I think we will see multiple hours from an excessive two hours from each side. I should remind you and viewers that Closing Arguments<\/a> in York State Court<\/a> to work the same as Federal Court<\/a> where prosecution goes first then defense the prosecution gets to rebut but here the defense goes first and the prosecution because they carry the burden of proof, they close it out. They get to rebut and present their major argument all in one. I expect doing that will take the das office upwards of three hours. I will ask you to predict the future which is what everyone always wants. We do not know the future. Lets see goes to them on wednesday. What do we think . Is it a few days or weeks of deliberations . The longer it goes, the less likely we are to see a conviction. I dont think there are 12 votes for an acquittal. This seems unlikely. And it seems unlikely we will get a very quick couple of hours return of a verdict because theres 34 counts. Each count corresponds to a different document thats alleged to be falsified. Do i think we might get a verdict before the end of the week . Yes, and if we do, think that generally would be a good sign for the prosecution. The longer goes and if we come back after the weekend, count on it being a good sign for donald trump. Thank you very much. Is donald trump campaigns a few miles north of the new york courthouse where he is on trial, this billboard popped up in route to his florida Retirement Home<\/a> and responsible for this the person responsible joins me next. Joins me next. Try Dietary Supplements<\/a> from voltaren, for healthy joints. The republican primary campaign, nikki haley became an avatar for never trumper republicans. Those registered as republicans are used to be and still identify at some level as such but fundamentally disgusted by what the party has become. It seemed clear that nikki haley would end up there every professional republican politician which is rolling over. Yesterday she made it official. I will be voting for the guy told you was unstable and unhinged. I will be voting for trump. Having said that, i stand by what i said in my suspension speech. Trump would be smart to reach out to the millions of people who voted for me and continue to support me. It would be smart. Thats good advice and im glad you are giving him advice. One of the last people who represent us some internal Party Resistance<\/a> in the authoritarian recesses of maga and donald trump is endorsing him. Conway was wanted a republican and hes a attorney and writer for the atlantic. I think the odds of this happening were close to 100 . But i suppose its definitive if there was a question about the republican party, what it is and what it means at this moment. It is a called. Thats the only way you can describe it. It consists of two groups of people. Mostly. Some people who are completely lost it. The people we see in the house of representatives. There are the people who are afraid to call out that so many people of lost it including, thats what just happened here with nikki haley. The person who has lost at the most is donald trump. He is the crazy one and everybody is getting more crazy than he is. As nikki haley pointed out when she was telling the truth for a couple of weeks in the spring, he is mentally unstable and getting worse. We can see it every day in the courthouse. We see it when hes standing out there complaining about the temperature, thermometers in the courtroom said 74, 75 degrees and he says its freezing. The lies about the election. Talking about his friend, praising hannibal lector. This guy is cuckoo for cocoa puffs and getting as nikki haley pointed out, he is getting worse. You put up this Billboard Outside<\/a> is it near mara lago . It is near maralago. A couple of exits south if you, for example, were at mara lago and you wanted to play golf at the resort, you go on i 95 and drive south and warner two exits on the right you will see this sign either on the way up or on the way back or both. On a lark i decided that was a good place to put the sign. I was making hats that say that, like the maga hats except blue and white and bumper stickers. A fellow named Claude Taylor<\/a> who runs a pack put up billboards. He texted me, i think yesterday or the day before, he he said i would like to how much would it cost to put this up . I thought about the Hollander Blinken Tunnel<\/a> but it turns out he is not going to bedminster this summer because the campaign will be run out of an office near West Palm Beach<\/a> airport. This was the perfect location. I hope he sees it. I hope it amuses him as much as it amuses me. I think he will notice a. This division of people who lost it and afraid to speak up. You said yesterday about the upshot of the Haley Endorsement<\/a> and alito flag. People of lost their minds and many are afraid to say it. I think one of the things thats a little chilling about the alito news is hes in category 1 as opposed to category 2. This is your circle. These are your people. You spent your career around these people. You keep insulting me like that and i am going to leave. It is true. Its a sociological fact. I cannot explain it. I think its been a deterioration in the Psychological Health<\/a> of a good many people on the right. Why would you do it . This is the thing i find so fascinating. Can you imagine, imagine yourself, 10 years ago, and you are talking to a young up and coming 45yearold, 42yearold like Federalist Society<\/a>, bright Supreme Court<\/a> clerk, a District Court<\/a> judge and they are like, i will fly this flag over my house. Obviously, your advice would be, are you out of your mind . Do not do that. Why would you do that . You are a federal judge. You cannot do it but do not do it. Why would you do it . I just cant fathom it. I do not know what to think about this other than its a horrible judgment. If its a gag, its horrible judgment. If it means something, thats even words. Luckily, judgment has nothing to do with the job he has for the rest of his natural life. George conway, thank you very much. As experts warn a ban abnormally active Hurricane Season<\/a>, we will look at some genuinely shocking data until you why this is happening, next. New centrum Menopause Supplements<\/a> help unpause life when symptoms pause it. With a multivitamin plus hot flash support. daily zz for quality sleep. and Enxtra For Focus<\/a> and clarity. Centrum, powered by clinically studied ingredients. From deadly tornadoes to damaging thunderstorms, theres been a huge amount of dangerous weather across the u. S. According to noaa, its going to get even worse. They put out of forecast for this years Hurricane Season<\/a> and they say the atlantic Hurricane Season<\/a> will be abnormally active with between 17 to 25 name tropical cyclones, 8 of which could become hurricanes. The reason for that becomes clear when you look at this map. Look at the temperature of the oceans. Apart from colder blue spots, most of the oceans are hotter than normal. The warmer the ocean the more fuel for hurricanes. That giant red section of the atlantic is where hurricanes form. The water there is hotter than its ever been. To understand how abnormally hot the oceans are, look at this chart. The grade lines are Ocean Temperatures<\/a> every year from 1981 to 2022. The orange is 2023 and the redline thats above Everything Else<\/a> that sticks out on the top is the ocean temperature this year. As i have said repeatedly, whats happening with the climate and how we handle it is the most important issue of our lifetime. What happens in november will be pivotal. We do not have to guess with the two candidates may do. They have already been president and have records. My Podcast Series<\/a> why is this happening with pod 2024, you can scan it by scanning the qr code on your screen. I have been comparing those records on everything from abortion to immigration to tax policy. This week it is climate change. This is part of the conversation i had with david roberts, reported behind the green energy focused newsletter podcast about that. I will say the importance of his second biden term is there lots of things put in motion this term that will not reach full flower. Most of the mayan he has not gone up. Most of the rules are not in place. Most of the stuff is nascent. Four more years to get this put in place get the trends going in a way that cannot be reversed is incredibly important. Even if biden doesnt do anything additional, having it in place to let what we have done flower is hugely important. You can hear the whole conversation by scanning the qr code on your screen or search chris hayes wherever you listen to your podcast. R podcast. Ah, these bills are crazy. She has no idea shes sitting on a goldmine. Well she doesnt know that if she owns a Life Insurance<\/a> policy of 100,000 or more she can sell all or part of it to coventry for cash. Even a term policy. Even a term policy . Even a term policy find out if youre sitting on a goldmine. Call Coventry Direct<\/a> today at the number on your screen, or visit coventrydirect. Com. 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. The war in gaza began, weve had many doctors on this program, rescue workers, do describe the deteriorating medical emergency. We are rarely able to see it from their eyes. And American Orthopedic Oncology Surgeon<\/a> based in chicago and he volunteers in war zones including iraq, ukraine, and syria. He spent two weeks in gaza and said the situation is the worst he has ever seen. In an opinion video diary published by the New York Times<\/a>, shows firsthand how catastrophic the situation has become for palestinians in the hospitals. A warning, what you are about to see is graphic and hard to watch. The longer the war goes on, the more wounds will become infected. The more limbs will have to be amputated. Without more resources, the people lucky enough to survive will be permanently disabled. One of my last days, i come across a man collecting dirt. Holy cow. You were not kidding. His wife is pregnant and hes planting a garden to grow food for his future child. I tried to have some vegetables. You can see. You can see the first. Joining me is the doctor who just returned from gaza last month. Thank you for sharing time and for the footage you took. I want to start by level setting your experience. I was struck that you from early part of your medical career have gorn to places where you are already under duress from a medical standpoint. I want to ask you to compare your experience in Northern Gaza<\/a> to what you experienced in other places. Thank you for having me. The thing about gaza in general is there are only so many Functioning Hospitals<\/a> and in ukraine there is a lot of hospitals and staff but in gaza theres only one hospital where everything gets funneled. If there is an attack, a bomb, all the dead bodies. Theyll get funneled into one spot. You see it happening at once. That is whats shocking about gaza. It so compact and tight, millions of people packed together and it happens all at once. You were in Northern Gaza<\/a> and thats a part that its harder to talk to people who have been there because its so under bombardment and evacuated. Tell us where you were and what you saw there . We were at hospitals currently under attack. The World Health Organization<\/a> dropped us off and said just bring food for a month in case you get stranded which is what wouldve happened if we were there. Its an apocalyptic landscape of rubble and hunger, homelessness, bombardment. Every day we were doing amputations and everyday people were showing up starving to death. We see moms and dads and their kids who have not had food or water for days. At that point when they come in the damage is a reversible. Can i stop you there. You are talking about people presenting at the hospital starving. Literally starving to death. What do you do as a doctor in that situation . I mean theres not much you can do but hold the hand of people who brought them in. They brought a 20yearold girl brought in by her dad and at the same time a 32yearold woman that the mom and dads son and they hadnt had food or water for days. She deteriorated. At that point, you give fluids and see what happens. They are not responsive or opening their eyes and they die. All you can do is let the family know you are there and did your best. Thats pretty much it. That is medicine in north gaza. You talk about amputations and having to intubate folks and try with the best you have. These hospitals themselves have sustained huge amounts of artillery are bombs. What is the status of the basics of medical equipment in the actual facility . I mean, there is blood everywhere. Sterility is a suggestion. We are using instruments from the 19th century. We are using manual saws and amputation. Putting in pins without any electricity or power tools. Often times we wouldnt have anesthesia or the power runs out. We are operating under cell phone light. My First Mission<\/a> i did 11 Amputation Surgeries<\/a> in one day. That was in december and thats when i stopped counting. Northern gaza security situation is particularly abject as i understand it. Hamas sort of is no longer functioning there routed from there though the Israeli Military<\/a> went back in. What is the social order there like . There is no governing authority in an official sense. Nothing functioning in terms of the basics of society, what is it like for people there . I never got the sense there was a governing order. Its a bunch of people in trouble and relying on each other. Relying on the kindness of each other. The hospitals were oases when people come they know there will be good people there and they will get taken care of. Thats why a lot of people want to live in the hospitals around the hospitals because its kind of like an oasis of peace. Did you have fighters there . As a doctor, you get medical attention to whoever comes in the door. Its part of the Hippocratic Oath<\/a> and a people who had been in gunbattles or things like that . Yeah, we treat sick and evil but i did not see any fighters. I would have no idea anyway. Most of the people i treated were women and children. The last picture you showed, the less video has stuck with me. The man growing the garden on his roof and his wife being pregnant. You talk about the resilience of people there who are trying to plan for Something Better<\/a> than what is there right now. I ran into him. He is the brother of the anesthetist. It is sad. He is the only one who got back to me. I have not been able to reach any of my friends who i worked with, the doctors or nurses, she was the only one. She sent a voicemail today and i asked about her brother but she never responded. She seemed to be in a lot of distress. I think about him a lot too. He is trying to provide for his wife and daughter. That last shot was in front of it. Thats the hospital. I dont know if that garden is even there anymore. I dont know what happened to it. Dr. Attar, thank you for your time. I appreciate it. That is all in. Now. Okay, what would it look like if a republican president took office andub then immediately s about replacing all the Career Officials<\/a> with rightwing idelogs who continue to upend the wayin the federal governmen","publisher":{"@type":"Organization","name":"archive.org","logo":{"@type":"ImageObject","width":"800","height":"600","url":"\/\/ia803409.us.archive.org\/21\/items\/MSNBCW_20240524_070000_All_In_With_Chris_Hayes\/MSNBCW_20240524_070000_All_In_With_Chris_Hayes.thumbs\/MSNBCW_20240524_070000_All_In_With_Chris_Hayes_000001.jpg"}},"autauthor":{"@type":"Organization"},"author":{"sameAs":"archive.org","name":"archive.org"}}],"coverageEndTime":"20240703T12:35:10+00:00"}