safe and good night. from all of our colleagues across the networks at nbc news, thank you for staying up late. i will see you at the end of tomorrow. tomorrow. tonight on all in. >> let's say trump is behind bars, and it's a possibility, would he make a speech from prison? >> working out the logistics of a convict convention. >> everything is being thought about and considered. >> as maga conspiracy theories go pouf in the house. >> did you select a judge in the case? did you select a jury in the case? >> no. >> to make the conviction of donald trump stick with birders and a ex-president possibly going to jail. >> i am okay with the. >> the criminal charges just keep coming. >> the complete charge can of chess broke, michael roman, and james troopers conspired to commit the crime dashboard striding an object. >> senator bernie sanders on the netanyahu speech to congress. good news pointing to a seismic transformation on the climate front despite the deniers. >> the seas will rise 1/8 of an inch. that means more beachfront property. >> all in starts right now. good evening from new york. i'm chris hayes. ever since a former president of the united states was convicted of 34 filaments , the republican party made the calculation that they through the lot as possible temper tantrum in unison then maybe they could convince that the thing was rigged buzz the sheer volume of their whining and histrionics. >> this is like the soviet style thing. show me the person and also the crime. >> it was a political smear job. it's what you see in banana republics. >> this is what you see communist countries. >> the most outrageous travesty and democrats across the line. >> it's a justice system that hunts republicans while protecting democrats. this was a hoax and sham. >> yesterday was a sad day for america. you had a partisan which one in new york. >> it's a total travesty. we should not mince words. it's a dangerous day for the country. >> do we want to become a country where we jail political opponents. >> i think they are concerned about it as we are. >> scream and lie and whine passionately. that's the whole plan. this is not a few oddballs. the entire party down the line is caring it out. everyone including on capitol hill today. the house judiciary committee trotted out every insane conspiracy theory about trump being railroaded and laid them at the feet of the current attorney general merrick garland. you might think, wait, merrick garland? the guy from the department of justice? it's a manhattan prosecution against trump. it was not a federal case. merrick garland did not bring it. you would be right. the repacked couplet -- the republicans have the basis theory. >> justice is no longer blind. it's driven by politics. example number 1 is former president trump. >> for the first time in american history we have a presidential administration working to put its opponent in jail. that's a fact. >> jack smith, special counsel, three days after former president trump announces he's running for president. >> as i understand, jack smith was a principal player in the irs targeting of the tea party. >> will the criminal justice provide all documents, all correspondence between the department and alvin bragg's office and fani willis office and letitia james office? >> the fact james smith changed dess the rate of the president's son. >> i have given my life to the law. i care deeply about the love. >> lagging [ laughter ] i have given my life to the law like our savior. matt gaetz cares deeply about the law. we know the facts are the opposite of what's being alleged or insinuated or sometimes fabricated. the investigation into the crimes donald trump was convicted for, new york, 34 guilty kountze was initiated when donald trump was the president of the united states. we were all around back then. it was done by his department of justice and 2017. the trump department of justice that proved an indicted for federal crimes former attorney michael cohen for the cover-up of hush money payments to stormy daniels on behalf of trump as criminal violations of federal criminal law. that was overseen by the u.s. attorney for the southern district of new york. that men you see there. also investigating rudy giuliani's trips to ukraine in search of dirt on joe biden. in 2020, after he refused to be -- he was fired by trump and his then attorney general bill barr. he would say as much after he left the doj telling reporters as president, donald trump pushed him and his colleagues to prosecute his perceived political rivals. upshot of that is trump managed to shut down the federal hush money investigation even though he was he unindicted co- conspirator number 1. that was how the case ended up being picked up by the local manhattan da who does not report to the feds at all. trump has been charged with felonies and four different jurisdictions. the three outstanding cases are awaiting trial. one held up in an appeal for the supreme court of one third of whose members were nominated by trump. the ex-president has spent, as you know, as we covered on the program and resulted in multiple citations were condemned and cake orders, every possible moment, screaming at the people prosecuting him and the judges and the court officers and issue commands to his party allies, calling for other -- prosecuted. a target on the people who were anonymous officers of the court. as trump's authoritarian justice takes over the entire republican party which is what we are seeing the last few days, all this performative outrage, the week after he became the first felony convicted ex-president in u.s. history, the current president of the united states, joe biden and his first lady, are quietly watching their last living son hunter be prosecuted by the biden department of justice. the man running the prosecution against hunter biden, david weiss, is a trump administration holdover and he was held over specifically in that role even though the president would be well within his rights to not hold him over, he was held over by merrick garland. new president and new u.s. attorney. he was held over by the fact he is a trump appointee because he had overseen this case. do you know how long this guy was overseeing the hunter biden case? five years. okay? replacing him might have appeared to be political impropriety on the biden administration so david weiss state. hunter biden has been targeted by conspiracy theories for the better part of a decade and endless hearings and the like, is now being prosecuted by the department of justice in the person of david weiss for incredibly arcane alleged defense. the allegation is that when hunter biden purchased a handgun in 2018, he lied on the federal form when he said he had not abused drugs. he possessed the handgun for, wait for it, 11 days. he lied on the form about drug use and had the handgun for 11 days and he now faces 25 years in prison. it's a prosecution that is so rare, so out there, so draconian , that even trey gaudi, the far right ex-congressman and for a federal, prosecutor has trouble believing. >> i did gun prosecutions for six years. i went after convicted felons. i went after people who were fugitives from justice. i went after different people who were prohibited from possessing a firearm. i bet you there were not 10 cases prosecuted nationwide up attics are unlawful drug users who possess firearms relied on applications. there were not a dozen, which makes you wonder, for the cases you could be pursuing in delaware, why are you pursuing this one? >> despite the republican cries of the biden crime family in biden doj doing the president's son dirty work, is joe biden's last living son sits prosecution that was initiated under trump and no one else in the country is being prosecuted for, joe biden has not said one thing. he has not fired the prosecutor. he has not gone after the courts or the investigation. the first lady is sitting quietly in court as this plays how. this on the day they are screaming on capitol hill about the weaponize department of justice. take a step back, shall we? can you imagine a universe in which donald trump allows the doj to prosecute don jr. and keeps mom about it? as republicans have ratcheted up the extreme links that go to to essentially tear dow, joe bi to extraordinary lengths in the opposite direction. there's a question as to whether any of this is getting through to voters. sarah, the focus group podcast, the columnist for "the new york times" and they join me now. you spent time talking to voters in these focus groups and you are part of an effort to put out these billboards of i won't foot for a convicted felon which is a new campaign in different states. report: -- republican voters and they will not vote for him. do you think these wildly different views of the law get through to voters and to the voters that matter? >> okay. when you were playing that montage of republicans, they were saying the same thing. i come from a background in republican communications. what they are doing is they are building their own echo chamber. they are constructing their own narrative. they are going on offense. in a normal, sane world, the facts of a convicted felon president would be very bad when it comes to swing voters, but they know if they push, if they go on offense, if they lie or spin, but they all say the same thing together unanimously, that they can amplify this message. that breaks through so much of the noise and social media, and that's what breaks through to voters. one of the reasons we wanted to do this billboard campaign is democrats need to go on offense. democrats need to start building their own echo chamber. they need to explain to voters that it's insane to have a president who is convicted of a crime. if they want to argue about, should it have been a felony versus a misdemeanor, let them do that. he is a convicted felon by a jury of his peers for crimes he committed. as we know, he has been indicted in many other crimes. it's a moment to go on offense to make sure voters hear the message of terms conviction and not what republicans are doing. this is one way in which democrats often do not rise to the same communication challenge that republicans do. i think there's a lot of reasons for that. fragmented coalition and unwillingness to lie shamelessly. there does need to be an effort that this sticks to voters right now. >> one of the reasons to be charitable, and i think it's important, because it something we wrestle with too. there's a symmetry because you do not want to view the entire judicial system as a partisan cudgel. you want to invest in its independence and respecting the process. michelle, i liked your column. i feel i'm losing -- we were here in 2016 with the chance of lock her up. when the former president compares himself to the russian leader alexa noah vonleh, who died earlier this year, he is giving himself permission to act like vladimir putin. what do you mean? >> the authoritarian rhetoric, total denial of reality and it's meant to make you feel like you're losing your mind. it's destabilizing. the narrative that republicans are >> as two parts . it's unprecedented weaponization of the justice system in the second part is and donald trump will be justified in doing the same thing to his opponents. he said, a line has been crossed. the rest of the quote was something like, it will come back around and then. you have heard donald trump make this mind insane claim that he never said lock her up. >> on camera. >> then he says i was so magnanimous. i did not prosecute hillary clinton. let's be clear, he tried to prosecute her. >> he tweeted that jeff sessions all the time. >> he demanded privately that jeff sessions prosecute hillary clinton. he said i magnanimously decide not to prosecute hillary clinton but because of what happened to me, i will feel differently. they are creating this story in which they are the victims of all the misdeeds they are planning to commit. >> there is a real menace. it's not just the whining. it is the menace of the promise of we will come after you. donald trump is talking about the immunity -- immunity case. we are going to find a way to indict joe biden if the case does not go my way. there is this threat that is latent in all this rhetoric. >> the menace has always been a weirdly underreported or under discussed part of what donald trump does. it is not just this. donald trump uses menace not just to say i will prosecute my political enemies, but the specter of political violence. this is a way in which the republicans rhetoric and donald trump's rhetoric specifically and look at manifests, ask any republican who has stood up to trump over the last six or seven years, and they will tell you the extent to which they have dealt with the threats and and what happened on january 6 with trump saying we have to fight or we won't have a country anymore, he does it at the rallies. the way he uses i don't know language that's meant to be violent all the time. menace is a part of the trump sauce. it's baked in their. >> part of what is dizzying about this is they're doing it the same day that the president's son is being prosecuted for dasha talk to a bunch of folks in the system and thus it never happens. extremely rare, five year -- this is what he said. i think gun prosecutions for six years and i went after convicted felons. i bet there were not 10 cases prosecuted nationwide of attics are unlawful gun users who possess firearms. it makes you wonder of all the cases you could be pursuing in delaware, why this? >> i'm not going to speak to lie this case, but you see democrats bending over backwards to respect the rule of law. kidding nothing -- >> it's so wild. two people know there is the study of contrast into the care? >> there is no banana republic on earth where the president's son is prosecuted by his own justice department unless he's ordering it. just what happens when republican front runner recently convicted on 34 felony counts with three more indictments pending meets with his new probation officer. whole new world donald trump will enter. craig here pays too much for verizon wireless. so he sublet half his real estate office... [ bird squawks loudly ] to a pet shop. meg's moving company uses t-mobile. so she scaled down her fleet to save money. and don's paying so much for at&t, he's been waiting to update his equipment! there's a smarter way to save. comcast business mobile. you could save up to 70% on your wireless bill. so you don't have to compromise. powering smarter savings. powering possibilities. donald trump is supposed to sit down with the new york city probation officer will interview him. something all convicted felons are supposed to do. a chance to make a good impression and explain why they deserve a lighter punishment. trump will likely have to tell her probation officer he has three other active indictments. based on the interview and things like his propensity to reoffend, the probation officer will write a presentence report with the recommendation in anticipation of the sentencing hearing scheduled for july 11. prison or jail sentence for felony falsification of business records which is been convicted of is not common. we should be clear. citing his own research, and the most serious of these cases, about 10% of the total incarceration was imposed. that doesn't mean -- in 2015, new york construction executive pleaded guilty to one count of falsifying records as part of a bribery scheme. he was sentenced to one year partial imprisonment spending monday evenings through wednesday mornings at rakers trail. in new york city judge, police department, he had a recent op- ed titled a supervised new york city judges. judge merchan put on a master class. it's good to have you here. the normal order of operations is the person convicted sits down with the probation officer for an interview and that officer writes up a memo. how do they come to their conclusions in the memo? and how important are those recommendations in the sentencing? >> it's called a presentencing investigation in the report follows it. one thing you mentioned in the lead up is the indictments he has pending. i don't think that should factor in it at all. he is presumed innocent. what could factor in -- >> you don't think for another person just convicted, three active indictments, you don't think the probation officer would take this into account? >> frankly, he should be presumed innocent. >> you think they should not. >> is problem may lie with the other three indicted cases. if he is convicted of any one of those cases, he has a conviction on this one, 34 felony counts. the convictions would and must be taken into account. when the federal analysis, the january 6 case, the falsified document case. he is 34 in new york, felony counts that he stands convicted of, could be a ticket to prison on those counts were a strong factor. what they will be looking at here, does he show a sense of accountability? a sense of remorse? he has pretty much answered those questions. we have heard is semi-crazed, i will say in my opinion, semi- crazed public attention out of trump tower where he continues to unfairly, evidence free, blasting of the judge and the entire system. we know how that will go. something i think will be looked at very seriously when the probation officer prepares the presentencing report to the judge, which the judge is required to consider but not necessarily abide by. the judge makes the sentencing decision. it's the seriousness of the conviction. you talked about a study and it's not unheard of that people can go to jail him cases like this, but all things equal, they will also consider, as they must, a 77-year-old defendant. no prior record. nonviolent felony? maximum incarceration time four years. that should weigh in the favor of the defendant. convicted defendant trump. the seriousness in this case i think is rather unique. in terms of -- usually they are falsifying business records to get out of paying some taxes, skimming money off the top. accountants working together. inherits, the connecting charge here was a violation of new york election law. the essence of which two or more individuals engaged in a conspiracy in order to obtain the election, prevent someone from being elected or get someone elected. in this case it was to get elected. who were the two are more? donald trump, michael cohen. that election charge, that's the felony bump up charge. >> for the construction guy it was bribery. >> rate. that means the unanimous jury found falsification of business records and the violation of new york election. that is called, my view of that, that's called corrupting an election. corrupting a presidential election. by the way, not corrupting a presidential election where donald trump in 2016 beat hillary clinton in a landslide. it was a squeaker. pennsylvania, wisconsin, and michigan a total of 80,000 votes. the essence of the conviction as it was to ensure the stormy daniels story would not break in the last two weeks of october, on the heels of the access hollywood tape. at the same time, hillary clinton was getting hit with a james comey investigation. >> it's arguably -- >> it was a volatile mix. what is clear here, we will never know if trump won because of that, but we will know he is convicted of 34 felony counts that in essence corrupted the election in new york state, a presidential election. in my judgment, that's about as serious a falsification of business records being bumped to a felony as i'm aware of. >> very well said. george grasso, thank you. another trump lawyer gets charged again for trying to steal the 2020 election. remember that one? 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