ayo fly. wooooo! that does it for us tonight. be sure to tune in to the katie phang show tomorrow. pete buttigieg joins me to talk about the china town stitch project in philadelphia. part of a larger initiative to help people affected by red lining and imminent domain. on that note, i do want to wish you a good night. ari melber is up next. and from all of our colleagues across the networks of nbc news, thanks for staying up late and being with us. we'll see you this weekend.

welcome to our new special. new york versus donald trump. i'm ari melber here. we will bring you this brand new break down of the third week of the historic and first ever criminal trial of a former president and a current candidate as well. this was a tough week for the defendant that was gripping dramatic testimony from the woman at the center of the hush money plot of all the witnesses we have seen, she has become the most famous through her encounter with trump. and there was testimony and key days of testimony for witnesses who were in trump's orbit who could speak about what she said and corroborate some of the financials. for the jury, we have more on that as well. prosecutors have been laying out the pieces of this scheme to influence the 2016 election and we can tell you as we recount why it was such a tough

week for trump, we also know according to the public remarks here, we know we are near the end of this thing. we have two witnesses left. the star witness michael cohen will begin mend. one other witness and they will be ready to rest as soon as the coming week. cohen is central to the da's case and he has testified under oath before that trump was in on everything. >> he knew about everything. everything had to go through mr. trump and had to be approved by mr. trump. >> that is what cohen sounded like last time. a lot of punishment if you are caught messing up. so we expect to hear a similar line from cohen when he takes the stand monday. prosecutors say they will rest their case by the end of the week. now that could change but it is

a confident line. if something unexpected doesn't happen. they expect to have this thing done by thursday. the defense gets to respond and the jury gets to deliberate. whether or not they can make the case, they are saying by thursday, they believe they will have legally set out all of the evidence, every element of the two crimes they say donald trump committed. this week started with a bang. the team clashed with the judge over him getting caught, blatantly violating the binding gag order. that meant as this barrels forward, as the da only has a few days left, the judge had to tell him the defendant or the lawyer he could face a jail sanction if this continues. future violations could be punishable by incarceration. we will get into this special.

the witnesses matter because they bring everything to life but they don't do much without receipts and the da has some damning oning. the paperwork that shows how this was not just some random one off. but was a whole plot run through the trump organization and through donald trump's personal bank account. they have the checks that trump wrote to cohen. the jury saw those for the first time this week. prosecutors then called actress stormy daniels to the stand where she testified and told the jury why she understood trump wanted her silenced. >> stormy daniels. >> she is at the center of this entire case. >> everybody wants to hear what stormy daniels says. >> rivetting bomb shell. sometimes icky testimony. >> you wanted money. that phrase repeated multiple

times. >> it bordered on susan shaming a sex worker. >> i think that it is his motivation to really shame this woman and it is not working. >> she was not going to let her story be mischaracterized. >> as an observation, the judge had to patrol. on a legal level some of the details went beyond what the judge felt was necessary for the evidence to support the da's case. remember, this is not like an interview where you can jump around on different topics. the questions and topics are regulated by the judge. she testified that trump didn't appear concerned when they had their initial encounter about it going public. that bolstered the da's issue

that it was related to the campaign. they tried to use stigmas and discredit her. she accused daniels of extorting trumpment daniels replied false. that was an allegation in the form of the question. she raised the idea that daniels made the whole thing up. not only did she deny, but that would be a tough pill for the your to swallow. she had some interaction with trump that made him so concerned about it he was willing to pay for her silence according to the receipts. daniels said that sharing her story has negatively impacted her and there is a lot of corroboration of that. when daniel wrapped her testimony, she paved the way for other witnesses. they are not as exciting but there is proof that it was an

intentional cover-up. there was a bookkeeper from his company that said trump talked to his form convicted cfo daily. that testimony backed up by another staff assistant who said on thursday. trump would pick up the phone and call weisselberg. she became emotional and cried on the stand and said she met with the defense earlier in the week to prepare as she was a prosecution witness. but that gives you some signal of her perspective. that is okay, by the way. the witnesses may have a mixed perspective no matter who they are called by. their main obligation is supposed to be telling the truth and the jury assesses that. now friday, the judge floated the idea of having the aforementioned convicted trump money man weisselberg testify himself. now that would be a big deal. remember how i mentioned some unexpected things could add time? if you added a witness and had to arrange getting him out of

jail, that would take a little time. he is in rikers after pleading to perjury for a different case. a related fraud case because the allegations of fraud have dogged trump in different courtrooms. that is the second time that he has gone in to jail for things he did that were basically related to and arguably or allegedly at the behest of his boss donald trump. at time trump's lawyers have looked visibly concerned at the suggestion he come in. they seem to think he is loyal but better off not heard from. now we are also seeing the way that day by day, this process can yield different information. that staffer i mentioned when she received friday, she said trump would sign checks sometimes without even reviewing them. that goes to a clash among and across both witnesses in the da

and defense arguments. the jury's job is not to root for one side and not to only take the first thing they hear as gospel. they will get instructions that you have to take it all holistic. together, they have to kind of unspool all of these claims. the busy out of the loop trump claim is a fair defense. one he is allowed to lodge. you have heard me say this before. we are using the general standard like two sources in journalism. they would have trump, the defense dead to rights but it is a higher standard and deliberately so. it is not just two sources or what you think is most likely or what happened. it is a very high standard on purpose for all defendants it is supposed to be. beyond a reasonable doubt that he did it. he covered it up.

and he did it with the campaign crime intent. a higher bar. that is why we will be watching this next week as well as the da brings in cohen and then rests its case. the trial is barreling forward. trump's efforts to delay this. and this courtroom, they have been failing. now, our special will continue with two very special guests that we think will help us really wrap up what has been a bruising week for donald trump. we are back together in just 90 seconds. together in just 90 seconds. ious. -nope. is... last of the mohicans! back to base. is... jason bourne! -nooo. is... the weight of rock chung! is that a movie? -no. ok, what is it? -the fall guy. oh. that's what the poster said.

this isn't what i want to be known for. as a matter of fact, i hid for quite a while and it is overwhelming and intimidating and downright scary a lot of times. >> stormy daniels when she was speaking about this all the way back in 2018. now, this week for the first time, people have heard from her under oath in this legally binding proceeding. we are join by former u.s. attorney and nbc legal analyst joyce vance and melissa marie. professor murray, when you look at this week, we are always looking for inflection points. it really felt like it barreled forward and in some ways for all of the excitement about michael cohen next week, if you were writing a story where the da began to really congeal and focus its case, it almost felt like it came more this week than next. if they are winning, it might

be from the combination of the receipts in daniels this week. saying yes, what they said is true. >> it is really an interesting kind of rhythm that the prosecution established this week. there was a lot of forward momentum. and mundane and monotonous moment where witnesses had to corroborate the chain of custody for certain forms of evidence. there were the quieter moments but again, punctuated by explosive testimony. they will look back on the set of questions stormy daniels was given. the real star of this week i have to say was not any of these witnesses. but rather, the documents they were there to elaborate. the documents were the stars. the documents don't lie. they establish the prosecution's story. and, the witnesses were all

there to basically elaborate and give context and color and give the jurors a story. trials are story telling. and the prosecution using these documentary evidence decided to tell a broad story and use these witnesses to make that story come to life. >> joyce? >> you know, ari, something that anyone has served on a jury understands is that judges judges admonish jurors to not deliberate until they are all in the room together. now we are assessing each witness as they testify and every piece of evidence as it comes in. and sometimes that leads us to overfocus on one bit of the evidence or one facet of the case. without seeing the bigger picture that the jury will have when they deliberate. so i find melissa's assessment

to be entirely appropriate when she talks about the trajectory of the case. the prosecution has had one overarching goal. their goal is to buttress michael cohen before he took the stand. the idea is to show that trump knew, participated, concealed to commission other crimes. the way they have masterfully executed that goal. whether it is the way stormy daniels held up beautifully on cross-examination. she comes across, you know, not just as a porn star the way she has been characterized far too many times. she comes across as a mom, a real person with real interests and with an important life story and someone who the jury may not approve of but who they can listen to and ultimately believe. but at the same time, melissa

nails the key. it is the documents. the documents don't lie. they have alan weisselberg's writing on them. he may not testify but it doesn't matter because the documents are there. >> you are both talking about the documents and how the trump defense or the doubt they want to instill really runs into that brick wall. that is why the da has had momentum. joe was trump's lawyer in the new york case until he left. but when we did speak with him, we asked about that. if your defense is oh, this was money for a lawyer, your defense is no fraud because it was true, the problem is the money didn't stay with the lawyer. the money passed through the lawyer, went to stormy daniels so it is not money for a lawyer. and then to add insult to injury, he writes his plot on

paper and says let's gross it up, let's lie. let's commit tax fraud. >> is stormy daniels a lawyer? >> i don't think she is a lawyer. i would think the lawyer is a lawyer. >> okay. >> so she is not a lawyer. and these payments were made. and they were according to federal filings, classified on the trump's side as legal services. that was false wasn't it? >> the payments were made to a lawyer. not to stormy daniels. >> joyce? >> well, that's slicing pretty thinly there. but ultimately, it doesn't work. and in addition to the coding in the trump books where these payments to michael cohen are coded as legal fees, they were reimbursements to stormy daniels. we know in this california litigation where stormy daniels, she says she didn't approve it but her lawyer sued

trump for defamation. she loses that case and is ordered to pay trump's legal fees. as part of the filings in that case, trump concedes the $130,000 is reimbursement for the payment to stormy daniels. the prosecution can put that into evidence here. that may well be what happens with their last witness. we don't know who that will be yet. that is compelling evidence. along with the trump tweet there was discussion about this afternoon. he talks about well my lawyer was handling a private agreement. it all adds up to knowledge. these were just legal payments to michael cohen who went off on a free agent and decided to spend trump's money for him in maybe the slim hope he would be reimbursed down the road. that story doesn't make sense and this jury will use their common sense when they deliberate. >> if that story doesn't make sense, that takes us to next

week. where there might be questions and issues for michael cohen on cross. but to believe the trump defense, you would have to believe after everything cohen has been through, he is now sticking to a new made up story. perjuring himself in and taking on new liability and pulled other people into it. it is i hesitate to make a musical reference professor. just kidding. but it is a bit like near the end of the drake kendrick lamar battle where he said oh, some of the things that kendrick lamar said about him, he had secretly previously planted. he planted he claimed negative information about himself. so kendrick lamar would say it so he could say got you. it is false and i tricked you into attacking me. if that sounds convoluted, you don't need to know all the details. it is so convoluted people question whether it is true. so i put all of that to you as well as for evidence the other

issue with cohen is the judge was moved. he was moved to say i would direct the people, to communicate to mr. cohen the judge is asking him to refrain from any more statements in this case. that is certainly not great. your thoughts on any of the above? >> well, certainly a minor deviation for mr. cohen. and i know you will know what i mean by that given your knowledge of the drake kendrick lamar beef. but they got out a lot of the dirt on michael cohen before he came into the room. honestly, the bar has been held for michael cohen. if he strings together some sentences that are articulate and stands up on cross- examination, it will be a success. the strategy here was to

minimize the import of michael cohen by making the documents actually do the work of corroborating his story. and i think they did a lot of work this week. lining up documents, providing context and prebutting all of the claims they will make about michael cohen. when we watch michael cohen next week, we might be very surprised that he stands up. and that is because the prosecution has done so much work this week really airing out all of his dirty linen. >> yeah, you both have given us and anyone listening a lot more insight on why this is going down the way it is. why some of the negatives are coming out now. as we gear up for what is likely the final four days of, three, monday, tuesday, thursday, on the prosecution's side. because they have that wednesday off per usual. i will tell both of you on

behalf of msnbc, please stay near your phones, near your camera setups. stay hydrated. we'll be calling you a lot next week. thank you guys. >> thanks ari. >> appreciate it. we have a lot more coming up including how the oval office meetings could be haunting trump. he will certainly be hearing testimony about some of that next week. and when we do the specials, we broaden out. we have had some interesting people join us. an acclaimed long serving journalist kirk anderson is our special guest as we get later in the hour, but first, michael steele. stay with us. steele. stay with us.

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mobile savings are calling. visit xfinitymobile.com to learn more. doc? is it dangerous? >> there is that saying hiding in plain view. if i hide and cower away, it just sort of feeds the bullies and makes it worse. >> trump is a con man.

he asked me to pay off an adult film star with whom he had an affair and lie about it to his wife which i did. >> the bookend of two star witnesses. one this week, one next week. and the da says it will be ready to rest its case. that means by thursday, they will have proven the elements of two crimes by defendant trump. we are joined now by michael steele. he is part of our special as we try to lean back an take it all in. thanks for being here. >> hey man, good to see you as always. >> good to see you. this might sound a little funny coming from me. but there might be such a thing as too many lawyers and we love all of our legal experts. i turn to you here for the story. you know who is not a lawyer, most of the jurors. what do you think about the story they are telling was not

what people might have expected if six months ago you said you had this case? you start with cohen. he is the insider. he is in the room. he has the firsthand knowledge but they started on the other end of the transaction. they went through a ton of other witnesses and end with cohen. how does that for you a story teller yourself in politics, how do you think that will work for the jury? >> pretty good story. i think they did the appropriate amount of spice. the boring here are some of the numbers and the processes and the internal workings and they will end with a little bit more spice. and i think it has been a very well laid out approach to this jury. what is important is this really talks about how it matters. they know this jury. they have a sense of where this

jury is going to land. what this jury may be interested in knowing. aspects of this jury that we didn't get to know or see because we weren't in the room with them. we weren't watching their faces. so when they selected this jury, that is when the real strategy of how you are going to present this case begins. and i think this prosecution, prosecutors have figured out the way to approach this jury, to bring them into the story. right? folks are getting all hyped up about the scintillating parts and the naughty bits from the encounter between stormy and trump, but by that point of the narrative, they have laid down okay, this is why. this is why trump did what he did.

why we are saying this is a crime. and now i see why he didn't want to tell his weight and he didn't want to tell the public while he was running for president what was happening here. and i think that is sort of cementing it coming up with cohen. >> this is related to it. as of friday, steve bannon is on pace to spend the coming election day inside a federal prison. i will show viewers here the news friday. trump white house aide steve bannon. his conviction for defying congress over january 6 has now been affirmed by the appeals court. it would only take an unusual supreme court intervention to help him. we should know the supreme court did not do so on a similar charge against navarro. he could surrender to what he was sentenced four months in

federal prison. that is a significant accountability for a very powerful person. he is also very rich. multimillionaire. close to the president. got help with the use of trump's pardon in the past. inside >> accountability is a you know what. right? when you are held accountable, you're going to pay. and your time is four months. and some days. do it. that's what the judge has decided. the appeals court has affirmed it. now you have to pay for it. what is the great irony here is all these people going to jail for donald trump. and yet, they still are beholden to him in many instances. bannon is not going to stray that far away. weisselberg, not once, but twice takeing the shot for

donald trump. and yet, donald trump proves to me yet again he is the weakest link. he is the one who is not man enough to take and hold himself accountable and say okay, come after me. let's do it. finding ways to delay, lie, challenge, and go after the system and the judges and their families in the court personnel. because he is scared. he is scared. and yet, you know, these others have gone to jail. they have held their heads up and they are doing it for trump so i'm curious as to whether or not donald trump will do it for himself. you going to hold your held up donald and take what comes from this jury? you have gotten some breaks. they have delayed the other cases. so this will be an interesting accountability moment which tacks back, ari, to how we started the conversation. why the selection of the jury

was so important. and why the story telling that we have seen unfold by the prosecution with very little rebuttal by the way, by the defense along the way. there was that one session where they didn't even. even judge merchan was like you know you had some moments where you should have objected right? >> right. yeah. >> and the story telling. >> yeah. like hey, you could have done something. >> yeah. >> so michael, you get to stay. because it is a special, i will bring in as mentioned kurt anderson who has background in this. doesn't always get to join us. something special coming up after the break. >> that's exciting. after the break. >> that's exciting. some things should stand the test of time. long lasting eylea hd could significantly improve your vision

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i'm ari melber. welcome back to our special. new york versus trump. one thing trial lawyers know is proceedings can be unpredictable. tonight, we want to dig in further to some of the revealing and wild moments we have seen thus far. this is our trial fall back segment. we have some special guests. the acclaimed author kurt anderson with a new book evil geniuses. the unmaking of america. he has hosted studio 360 and cofounded a magazine from back in the day. we have been talking about back in the day tabloid era. spy. back from the 80s known for warning new york and the rest of america about this figure

they discovered in new york. seen there as baby trump. donald trump. they also labeled him the short fingered vulgarian. that echoed all the way out to the 2016 campaign. >> he was in the room when the term short fingered vulgarian was coined. >> he is like 6' 2" which is why i don't understand why his hands are the size of someone 5- 2. >> a hand with little fingers coming out of the stem. >> sometimes a turn of phrase is memorable and michael steele is back with us. any time we are doing a foulback, we will lengs he has been immortalized by the great jon stewart. these days he hosts the weekend. welcome to both of you. this is a trial fall back.

what's on your fallback list? >> um, well, it is several things. one, the most serious, is the lack of any audio-visual coverage of this trial. of course in a general way, the fact this entertainment figure donald trump became president and now being tried for his crimes, deserves some epic poetic justice way to be having audio-visual coverage live. but moreover, new york state is one of the very, very, very few states in the united states that don't allow any television coverage of trials. most days, trials are on tv. so, it makes no sense in general. what we and that is new york and louisiana are the only states that absolutely ban it. i don't know anything else

about which that could be said. that new york and louisiana, x, y, or z. this issue seems like the ultimately transparency that would serve the public good. since covid the last four years, the supreme court of course has done their oral arguments live on audio which maintains the decorum. there is no television of you know, clarence thomas sitting back or whatever. it is sound. and people can listen. it is civilized. we have seen that. and, by the way, fox news covering this trial in

diminamist fashion. >> you make a great comparison that even if you have the camera issue, the court in dc, the middle ground, the high court has done the middle ground of doing the audio and sometimes doing it live on cases of big interest. which would also give people the feeling that the dexterity, the touch, and if you are a trump fan, time. then you get to actually hear the defense. and we share a common experience as a country. certainly the oj case was big precisely because it was accessible. have we had to cover oj the way we did this. you could tell us your thoughts. but here they are. bemoaning the gag order on fox. take a look. this is jesse waters. >> they are threatening to

throw the republican nominee for president in jail for talking, harris. for talking during an election. now i'm not a lawyer, just play one on tv. but, according to the gag, you can have the loch ness monster as a juror and he could say the loch monster isn't real. boom. $1,000 right there. >> is growth of the idiocracy is amazing. they must be handing out diplomas for stupid. it is just beyond the imagination. and the fake outrage. a lot of those folks know what a gag order is. and they know why the gag order

was imposed. and this fake outrage that donald trump is told to shut the hell up because he is talking about the judge, the judge's family, the clerks in the court. et cetera. it is not outrageous. it is not anything new. because he knows that during the many trials that fox itself was involved in, they were careful not to run their mouths and they were concerned about what donald trump would say about fox during that time. so they get it. but the fake homage to trump and his crazy. can we just stop with it at this point? we are smarter. the rest of y'all need to catch up. the growth of the idiocracy in this country is stifling at this point. >> and kurt, you are like it or

not, an expert on how trump rolls. how he lives. how he is. and we showed your baby cover. the fingers. this judge has had to catch up and figure out how to deal with him. he made a bet he is better off finding him and keeping it moving and getting into a jail clash. but you had a fallback about that. your thoughts? >> i believe judge merchan is probably correct in that. and has been amazing in his temperate judicial manner but it seems a mistake in general that the maximum fine in new york state on contempt of court is a thousand dollars. i mean, it seems first of all, as is clear, and as i believe the judge said, a thousand

dollars to donald trump is nothing. not only a cost of doing business and saying whatever he wants and violating the gag order. but, not even that. we can also talk about his money obsessions. so it seems to me at the very least that the maximum fine should be much greater to deal with people like say donald trump who for whom a thousand dollar fine is nothing. it would be something for anyone else. the other option would be to put them in jail. if the thousand dollars does nothing to stop him, of course he needs to threaten that. and the jesse waters thing in addition to being moronic and

idiotic, the loch ness joke was the stupidest version of that joke. >> respect. and you're a writer so we appreciate that. the point about dollars. >> i'm all about it. let the writer put the period on it. because he just did. thank you very much. >> there you go. >> my pleasure. >> i got 80 seconds now, michael. but kurt raises a point that the trial reminds people of how our system works. i mentioned steve bannon got four months. his four months are just like anyone else's four months. we talked about that. but on those other things, the bail system, the contempt fine, if we add it up to a couple of

months, it might be affecting. it is basically meaningless for the very rich. >> you have the sweetheart jails that they go to. that is very rich go to. the country club jail for the very wealthy who have been found pilfering millions of dollars from their customers, clients, et cetera. get to spend their time, you know, playing golf and doing putt putt here and there and putt putt there. yeah. and the rest of us sit at rikers. so that's the difference. i have advocated for a while now that all of the entrapments of the presidency should be stripped from donald trump during this period. because he is forfeited by his actions. and i'm hoping that a future congress will address this matter to make it very clear

that you don't get to play president while you're in the criminal justice system. all that will do is make a mockery of the office you once held. and, put the system itself in unnecessary knots. if donald trump is convicted, donald trump should lose secret service protection because you know by the way, they are called guards in the jail. and i don't think there will be any problem protecting the man who is prisoner number fill in his number. right? like any other prisoner so we just need to dial that down a little bit. because when you have bad behavior by politicians at whatever level, they should be subject to the same recourse of judicial process and outcome as the rest of us. we don't have security. if i committed a crime as a lieutenant governor, trust me. my state troopers would not be sitting in the jail protecting me. same should be true for the president of the united states.

>> yeah. no, i mean, i perish the thought. they would put those adorable blue felt hands of yours, your puppet hands. that's a callback, if anyone is watching you would have to go back to the muppet intro. >> my small hands. >> take it a way. >> finally. >> i got to warn you. i got to warn you. the way tv works, we are over on time. you can have a 20-second sentence. >> i just, that the prosecution's case was based on the fact that donald trump cares a lot about every dime that goes in or comes out. 1990s , you can look it up. they did an experiment. >> one sentence. >> 56 rich people. a bunch of checks of declining

value. he crapped a 13-cent check at the end. he cares. >> 13 cents. there you go. kurt anderson and michael steele. there you go. we'll be right back. steele. there you go. we'll be right back. stop typing. start talking to a specialized urologist. because it could be peyronie's disease, or pd. it's a medical condition where there is a curve in the erection, caused by a formation of scar tissue. and an estimated 1 in 10 men may have it. but pd can be treated even without surgery. say goodbye to searching online. find a specialized urologist who can diagnose pd and build a treatment plan with you. visit makeapdplan.com today. ( ♪♪ ) my name is jaxon, and i have spastic cerebral palsy. it's a mouthful.

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a test or approve a medication. we didn't have to worry about any of those things thanks to the donations. and our family is forever grateful because it's completely changed our lives. michael cohen is up next. the convicted lawyer turned star witness testifies monday. a former trump white house aide says she saw cohen in the oval office with trump. it is something he actually recounted when he testified to

congress in 2019. >> in february of 2017, one month into his presidency, i'm visiting president trump in the oval office for the first time and it is truly awe inspiring. he says to me something to the effect of don't worry michael. your january and february reimbursement checks are coming. >> now cohen's big day finally taking the stand monday will kick off the big final week of the da's case. cohen monday and by thursday, they planned to rest their case against defendant trump. i want to mention from 6:00 to 8:00 p.m. eastern, we have a special two hour edition of the beat. 6:00 to 8:00 p.m. eastern monday. we'll see you there and i'll be right back. i'll be right back. e it helps with healthy joints and inflammation support. why qunol? it has superior absorption compared to regular turmeric. qunol. the brand i trust.

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her uncle's unhappy. i'm sensing an underlying issue. it's t-mobile. it started when we tried to get him under a new plan. but they they unexpectedly unraveled their “price lock” guarantee. which has made him, a bit... unruly. you called yourself the “un-carrier”. you sing about “price lock” on those commercials. “the price lock, the price lock...” so, if you could change the price, change the name! it's not a lock, i know a lock. so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. signing off of our special, "trump on trial." keep it locked right here on msnbc. the third week of testimony in donald trump's historic criminal trial has come to a close, setting the stage for what could be the end of the