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The Beat With Ari Melber

behavior and public posture ever since january 6th, he's appeared on multiple public forum. he has debated liberal law professors on podcasts, absolutely nothing that isn't known about his legal theories. some people agree with them. some people very much doan don't. but he has done his best to educate the role and we've helped him as much as his attorneys about everything that happened from his perspective. and all of it, all of it is completely, completely inconsistent with any consciousness of guilt, let alone criminal activity. and i think the pardoned email you show is very much not inconsistent with any of that. >> okay. dive in then to the night of the 6th. i kind of want to know from when things went down. >> sure. >> reasonable people might debate or differ about what they thought might happen on the 6th or what their intentions are. then the night of the 6th, you have donald trump himself asking people quite late, but eventually to go home. you had that terrible carnage, something you earlier in the

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The Beat With Ari Melber

co-conspirators who staged the insurrection. >> we will treat those people from january 6th fairly. and if it requires pardons, we will give them pardons. >> and i'm financially supporting people that are incredible. i will look very, very favorably about full pardons. >> do you have any regrets about your actions on january 6th? >> i said walk peacefully and patriotically. >> so that's just some of that. and there is a final category. and this is where he has really gotten into trouble. donald trump not just talking, waiving the right to remain silent, but trying to talk and advocate as his own lawyer. this is where he thinks he is doing things that are helping the case. a judge recently admonished him for the way that he called this rape trial a, quote, made up scam online. his lawyer joe tacopina

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The Beat With Ari Melber

or the evidence. protective orders are often used in criminal cases. they're subject to negotiation between the parties and ultimately the decision will come down through the judge, deciding what terms the protective order should have. it's not at all unusual for there to be a protective order, particularly in a high-profile case such as this one. >> i appreciate the way you split the issues. as you say, they're trying to do a lot in that paragraph. before i let you go, did you want to weigh in on whether a defendant like mr. trump or others would be better served by the soccer coach's advice, prefer not to speak, or just to let it rip? do you have any counsel there? >> so i think from a pure criminal defense perspective it's generally not a good idea for the defendant to be speaking, an indicted defendant to speak publicly or otherwise about his case. trump, though, is trying to do two different things here. one is he's trying to talk about his case but what he's really trying to do is run for re-election. i think he must feel that he needs to get his message out in

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The Beat With Ari Melber

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The Beat With Ari Melber

acknowledged the difficulty of even restraining trump, telling the judge, i'll do the best i can do, your honor. that's all i can say. after trump lost that defamation case related to the rape trial, he went on tv the next day and talked about the person who just beat him in court, carroll, the plaintiff is a whack job and saying the claims were made up. which pretty bad lawyering caused carroll to legally be able to pursue even more damages. another case now scheduled for next year. now, some of these cases are civil, meaning they're important, but they may not affect whether he can ever get back in the white house. criminal ones, though, could do that. and trump has sort of brainstormed, made up and lied about things that only a lawyer would be able to say, trying to offer his legal defense. >> you're the president of the united states, you can declassify just by saying it's declassified. even by thinking about it. all of my documents fell under

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The Beat With Ari Melber

what is known as the presidential records act, which is not at all a criminal act. in one case, you have the presidential records act. i'm allowed to do whatever. but in the other case, it's free speech. >> this is a free speech killing indictment, killing free speech. that's what it is. >> trump also has this habit of going after prosecutors, like when he posted this picture swinging a baseball bat against the d.a., which he thinks is some sort of lawyering or intimidation. in fact, just like the case we're covering tonight, it got folded into how a judge is considering the rules for him. and trump has been very clear about his perceived payback plan. >> i will direct a completely overhaul doj to investigate every radical d.a. and he in, he for her illegal racist and reverse enforcement of the law. >> now he has the right to remain silent. he also has the right to speak.

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The Beat With Ari Melber

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The Beat With Ari Melber

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The Beat With Ari Melber

which really i guess as we mention, rachel and i were talking about this when the news first broke, we're going to see the evidence clash right away in the case on the new trump filing on that today. you're analysis on all of that. >> trump was warned on thursday by the judge don't go intimidating witnesses. and like he couldn't even make it 24 hours without this horrendous tweet. whether or not it's a direct contempt of court, which i personally think it is, but, you know, that could be debated, and i suspect should be debated in front of the court. it is horrendous behavior for anyone to do this. and, you know, my worry is that he is going to continue it. because it's just a microcosm of his behavior of the 2020 election, which is blow off the rules, do whatever he wants, and he is doing the same thing with the solemn court process and now attacking the judge in the process. so i do hope that the judge holds a hearing on this. this is not free speech. this is an attempt to squelch

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The Beat With Ari Melber

>> you have the right to remain silent. >> you have the right to remain silent. >> i choose to waive that right. >> do you even know the miranda rights? >> yes. you have the right to remain silent. >> the one part we all know, right? well, traditionally people think of police telling a suspect about that right. under low, though, it doesn't have to be an officer. it's any government representative. that's why it was a judge who just told trump about his right to remain silent because he wasn't scooped up in a random police arrest. he was compelled to show up by appointment. you might have seen it reported in realtime last week, rachel quoting the magistrate telling defendant trump about his rights, starting with the right to remain silent. >> then the judge, per our reporters inside, quote, as i mentioned, mr. trump, you do have certain rights during this

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