opening act for a president? you wouldn't be the headliner? >> that's all right. that seems fair. >> we have to close no matter who it is, we the closer. >> you said it, man. >> our good friend reverend al sharpton and for those of you learning, someone you need to know, harry mack. talented art. >> thanks for spending time with us again on this unusual and special time on "the beat." that does it for us. you can find me online, and "the reidout" with joy reid starts now. >> he's the only one who can do that. where are you, dan? most powerful man in politics, i say. most powerful. only one who can do it. he can press it, linda, he has the number. even linda doesn't have it. >> donald trump just last month stating that only he and

longtime adviser dan scavino could post from his social media account. today, his campaign was blaming a nameless staff member for posting a video referring to the creation of a unified reich and it's far from the first time he's invoked rhetoric echoing hitler's germany. we begin tonight with the next phase of the historic first criminal trial of a former u.s. president. that is because the defense in donald trump's hush money election interference trial rested its case today. and counter to trump's many claims, they rested without hearing a word from him on the witness stand. closing arguments are scheduled to begin one week from today, and before the jury begins its deliberations the judge will provide the jury with their instructions. that outline what verdict jurors should deliver based on what they determine to be true through the evidence that was presented. each word in those jury

instructions is critical to whether trump is found guilty or not guilty by the jury. this afternoon, judge juan merchan heard from both prosecution and the defense as they argued about what language should be used to instruct the jury on the law. of course, it is ultimately merchan's decision what those final instructions will be. as for the 12-member jury, they left today following the defense's lone material witness, who may have been the worst defense witness possible, second to trump himself. robert costello, the criminal lawyer with tied to rudy giuliani, who was trying to get michael cohen to hire him in 2018 as cohen was facing federal indictment connected to this case. was back on the witness stand for a second day, trying to undercut cohen's testimony. instead, he wound up undercutting his own credibility, as prosecutor susan hoffinger used his own emails against him, where he disparaged cohen and showed that he was really working for trump and not cohen.

in an email to his partner, costello wrote, our issue is to get cohen on the right page without giving him the appearance that we are following instructions from giuliani or the president. in my opinion, this is the clear correct strategy. in another email, he wrote, tune in to cnn, and see how they are playing this up. cohen has to know this. yet he continues to slow play us and the president. is he totally nuts? what should i say to this a-hole? he's playing with the most powerful man on the planet. perhaps the biggest surprise today is that the defense rested its case without even attempting to raise a defense about the actual case against trump. all they seem to do was attack cohen, his credibility and his motives. to be clear, a defendant is not obligated to make a case in a criminal trial. but in this case, trump's defense team made a promise to the jury, during his opening

statement, trump defense attorney todd blanche made the claim that the jury would learn that the money trump paid to cohen in 2017 was not a pay back, especially not a reimbursement for the money cohen paid to stormy daniels. it was all just a retainer agreement. because cohen was trump's personal attorney. and yet, the prosecution laid out three key pieces of documentary evidence that the defense failed to bring up let alone counter at any time. there was the hand written notes by allen weisselberg on the first republic bank account statement showing the $130,000 wire transfer to stormy daniels' lawyer, that notes the break-down on the repayment plan to cohen. including grossing up the amount to cover any tax liabilities and adding a bonus, which amounted to a total of $420,000. then there was trump's signed 2017 presidential public financial disclosure report that under the part marked

liabilities included the line, in the interest of transparency while not required to be disclosed in 2016, expenses were incurred by one of donald j. trump's attorneys, michael cohen. mr. cohen sought reimbursement of those expenses and mr. trump fully reimbursed mr. cohen in 2017. the category of value would be $100,001 to $250,000. and if that's not enough, there was also trump's own tweet from may 3rd, 2018, yes, always a tweet, where trump admitted that the monthly payments were a reimbursement for stormy daniels not disclosure agreement. no matter how much the defense will likely focus on cohen and his credibility in their closing argument next week, they have no way to attack the credibility of the documentary evidence already presented to the jury that makes the case against trump. joining me now is katie phang, trial attorney and host of the katie phang show on msnbc.

danny cevallos, criminal defense attorney and msnbc legal analyst, and tristan snell, former assistant attorney general for new york and author of "taking down trump, 12 rules for prosecuting trump by someone who did it successfully." thank you all for being here. katie, my sister, i have to start with you. i know you have been in court every day. i saw you in court the day i got to be there and saw how diligently you're taking notes and pay attention. throughout this case, have you heard any day, because maybe i missed it in the google docs and transcripts you all have been sending me, was there any time at which the defense countered any of those three pieces of seemingly really important evidence that i just discussed? >> no, and that's a really important distinction for you to raise, joy, because as my esteemed colleagues on this panel know, the questions that are posed during cross-examination by the lawyers is not evidence. it's the answers that are

elitsed from the witnesses that end up in be the evidence. when you examine david pecker to michael cohen to stormy daniels along the way, what testimony that was elicited from the witnesses, that testimony from those witnesses is the evidence. so when provided with the opportunity, and by the way, it's not like judge merchan told trump that he only had a couple days or a little bit of time to be able to put on a defense. what did we hear? we heard from a paralegal from todd blanche's law firm who said that actually he helped the prosecution and said that the 75 phone calls that the defense made it sound like was between michael cohen and with robert costello were actually not a total of 75 and that there were dupes included in there, but more importantly, you heard from robert costello. you would think at some point in time, someone on behalf of the defense would get up and explain not only what you just put up on the graphics at the beginning of the segment, but what about that

meeting in donald trump's office at trump tower after michael cohen met with allen weisselberg with that account statement, where donald trump approved it verbally and signed off on the fabt that trump would then pay cohen $420,000 for $130,000. we didn't hear anything about that. so trump had a lot of opportunity to be able to take down the credibility even more so of people like michael cohen, and he failed to do so. of course, the jurors, as you noted, they're gone for seven days. they recess today, they don't come back until tuesday morning at 9:30. as trysten and danny know, that's a long time to sit and think about the last thing they heard and the last thing they heard was bad stuff from robert costello. >> the thing is, danny, as a former defense attorney, here's the problem. they don't have to put on a defense. they're not required. the obligation is on the prosecutor to prove beyond a reasonable doubt that donald trump committed a crime, but the defense, to katie's point, they left the jury with the guy who

pissed off the judge. i have been a grand juror -- i have sat on a jury. i was dismissed the last time they tried to call me. but i imagine that the judge is probably the most popular person in the room. and so if you're making the judge mad, i'm not sure you're very popular with the jury, whereas michael cohen was a calm witness, who went methodically through, and the prosecutors seem to be quite brilliant, and they're good and succinct. what sense did it make to leave the jury with that bad taste in their mouth today? what did it accomplish? >> it might have accomplished just satisfying the client if you're defense counsel. i expect in a couple years we'll find out that donald trump really pushed to have robert costello on the stand and that costello himself really wanted to be on the stand. frankly, when you're defense counsel, you're at the end of the trial, you're punchy, it's exhausting. the client wants something. sometimes you say if that's what you want, we'll do but remember, if this comes in

were the one who wanted this to happen. you're right in that the defense has zero burden, but when the defense starts calling witnesses after the prosecution closes, they don't have any burden but spiritually, to the jury, it looks like hey the defense wants to tell us something. let's see what is so important. you call two witnesses, and that's what you get out of them? now you have let the jury with robert costello when you could have left them with michael cohen who at best was a mixed bag. definitely some good things for the prosecution, but there were a couple punches landed. to me, the most significant was the revelation that michael cohen stole, literally stole money from this guy that the prosecution has painted as sort of having a svengali hold over cohen and all of his sins were because he loved and adored and had this undying loyalty to trump. not so fast. cohen, when the opportunity presented itself, he stole from trump. that was a point to be made. but the bottom line is you could

have left the jury with cohen's cross-examination essentially, now they're left with costello. it's awkward, a little strange. >> but is that even material? you wrote the 12 rules of prosecuting donald trump. is one of the rules that you have to have a pristine witness that's never done anything wrong? at the end of the day, michael cohen committed crimes for trump. even that part, respectfully, what dana talked about, i'm not sure how that's material. the question at hand as i understand it is did they pay off stormy daniels? did michael cohen make that payment himself committing crimes in the process, did he expect to be paid back. and was he paid back, and did the trump organization falsify their business records in order to do that, and was that entire scheme for the purposes of helping his campaign? that is what pecker said is the case. that is what cohen said is the case. that's why they gave pecker a nonprosecution agreement. i don't see, if you want to say, you know, michael cohen

jaywalked ten days a week and didn't know how to cross a street without running in front of a bus and messing up traffic, so what if i'm a juror. >> yeah, i think this is an area where jurors are going to have themon sense that if you're going to catch a criminal or an accused criminal, there might be some other unsavory people or people who did unsavory things that were around that guy. like if you're going to get to that inner circle, you're going to find other people that were not doing particularly great things for the guy being accused of crimes. >> wait a minute, i'm sorry, not to correct you, but not doing unsavory things near him, for him, it's the same crime. this is where i can't get away from this. he went to jail for this crime. not a different crime, a separate crime. he didn't rob a separate bank. he went to jail for the same thing trump is now on trial for. make it make sense. i'm not a lawyer, but i can't get away from that because as a normal person, the thing michael cohen went to jail for is this.

this crime. >> yeah, that among others, but this was part of cohen's indictment that he then had to plead guilty to. the pressure was on him, he was up against a wall. and he pled guilty. and this was part of his indictment. so that's absolutely right. but overall, there is a conspiracy is effectively what the prosecution is painting here. it's part of their theory of the case for elevating this from a misdemeanor to a felony is that trump was part of this, approved of it, directed it, so forth and so on. the notion that michael cohen has to be of clean hands here is something i have seen a lot in the media and on social media, and it doesn't hold water. i don't think the jury is going to require that to be true. i think the jury is going to have the common sense to say it doesn't matter. oh, i feel a little bit differently here. look, the stealing the money thing, that's not great. but i also don't actually know

that that damages cohen as badly as we might think. i think the jury is going to just sort of -- i think that's going to be water off a duck's back. >> whereas, you know, the final witness, katie, is the guy who sent cohen a bill even though he never retained him. you can't send me a bill if i didn't retain you, that's not how it worked. let me show you some of the atmospherics that you experienced. here's trump's daily list of look-alike cosplayers who dress like him and show up in the same outfit as him. alan dershowitz is there again. bernie carrick, the guy who got pardoned. kash patel, joe piscopo. like a 1980s throwback. people you thought might have passed away, but they're very much alive. what was the purpose of that, did you feel? >> obviously, there's a couple reasons why. one, we have them trying to end

run judge merchan's gag order by serving as a surrogate and attacking the judge, the case, et cetera, which is not kosher, but absent there being evidence that trump ordered them or had them go and do it, it isn't a violation of the gag order. putting that aside, you ended up showing in the wrong way to the jury that that is the nature of the support that donald trump gets. today, don jr. showed up, and i said on social media that he lost the rock, paper, scissors contest this morning with eric. but you know, so you get don showing up for what, the last day of evidence? what you don't have, though, is in my experience from trying a lot of cases, you always want to see that there's a family or some type of humanization. when you bring in trump campaign people like boris epshteyn and others, and you bring in members of congress and basically have them, what i call the gop satellite office in new york, you're sending a message to the jury that it was not because you

were fearful about the impact on your family. you didn't really care about melania. you cared about how it would impact you selfishly if you're donald trump. it fits with the narrative that the prosecution has advanced. the prosecution has to prove certain things but today, this afternoon, joy, they ended up having this charge conference where they went over the proposed jury instructions. why it's really important to emphasize for the viewers is, when they do this as lawyers, you have to rely upon the evidence that's been admitted during the course of the trial to advocate for certain jury instructions. in the absence of that evidence, you don't get that instruction. today, we heard the lawyers, especially on the defense, saying there was evidence of this. you had a moment where the judge is like, i don't know about that. i don't know if you have enough to get there. when you only use surrogates and i call it the red tie brigade, combing through and trying to be the support system for donald trump, you're telling the jury that's all you care about and it wasn't a person thing. >> i call them his emotional

support clones. they dress like him so they come in like saddam hussein's doubles, like body doubles of trump. don't go anywhere. much more on the first criminal trial of a former president, including trump not testifying after saying he was absolutely open, probably, yeah, totally going to do it. "the reidout" continues after this. i love your dress. oh thanks! i splurged a little because liberty mutual customized my car insurance and i saved hundreds. that's great. i know, right?

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president trump, are you going totestify the. >> yes. >> are you going to testify in your trial? for yes, i would testify. it's a scam. it's a scam. >> he won't stop me from testifying. >> do you plan to testify in court? >> probably so. i would like to. i mean, i think so. >> after weeks and weeks of saying he would, it turns out donald trump is not testifying in his first criminal trial after all. this morning, the defense rested its case after only one day, calling no more witnesses after robert costello and i guess since it's trump, no one is really that surprised. just imagine if you will what the reaction would be if it were any other former president on trial, if you could imagine any other former president being on trial, and they failed to take the stand. back with me, katie phang, danny cevallos, tristan snell. as a defense attorney, i'm sure you would never put someone like donald trump on the stand because he, of course, can't

stop lying. comment if you will on the fact he did not and what impression that might leave? >> back when he promised all i kept thinking was, yeah, i mean, ever since the whole mexico would pay for the wall thing, i don't believe a promise that donald trump was going to make about whether or not he was going to testify. by the way, when it comes to white collar cases often you have defendants who think if i could just get on the stand, i could explain all my problems away. and as the trial wears on, they realize what they're really in for. maybe trump really believed he was going to take the stand. i doubt it. in all likelihood, he was never going to take the stand in his own mind, no matter what he even told his attorneys. in a way, the only person who knew for sure was donald trump because he has an absolute constitutional right to take that stand, and he could have decided right up until the last minute whether or not he wanted to. so really, it wasn't even that much up to his attorneys although they could strenuously advise him not to take the stand.

the bottom line is few people can handle the crucible of cross-examination and most defense attorneys contrary to popular belief, we're risk averse. i do not want to snatch defeat from the jaws of victory. if i think i have a shot at not putting on a case and not putting on my clients, i don't want to be the courthouse myth, did you hear about the guy who put his client on the stand and torpedoed his own case. there was very little chance donald trump was ever going to take the stand, no matter what he promised. >> and the cross-examination would have been brutal. let me give you an example why. his brain don't work good. i keep telling you that. >> the judge, take a look. take a look at him. take a look at where he comes from. >> take a look at where he comes from. judge merchan is -- judge merchan is from colombia, and he pointed that out. take a look at where he comes from.

i just want to point out that another judge who comes from colombia is aileen cannon, the judge that is saving his behind in the documents theft case. another judge who comes from latin america is judge curiel, who donald trump disparaged as he was finding against him, you know, in the trump university case. what do you make of disparaging the judge's race as a tactic? >> not a great one, but also quite on brand for him, right? at the end of the day and a lot of outside the courtroom antics are really for him to play to the media and cult that surround him. and to be able to hit his followers up for money. so you know, pushing that racism button is probably a good way for him to separate his followers from their wallets a little bit more. so sure, go ahead and go there. it's not going to affect what's going on inside the courtroom, but it's a tell, and an on brand

one for him. but also, danny's totally right about how difficult it is to get trump to do anything. i actually think we might have seen what would almost be the impossible, the fact i think donald trump's lawyers actually might have convinced him to do something they wanted to do rather than something he wanted to do. i think he wanted to testify and he got talked out of it. maybe he did chicken out a little bit, too, but i think he actually probably thought he was going to get up there and be the smartest guy in the room and explain everything. and i think maybe finally after the disaster of the testimony in e. jean carroll case a few months ago, he's now realized maybe that wasn't such a good idea and his attorneys managed to push him away from testifying. >> i feel like katie has thoughts. >> he was never going to do it. he's crazy like a fox. i think that he has a lot of screws that are loose, but i do think he's crazy like a fox, so he was never going to testify. i think what's ridiculous about it, though, is you know, we know because to tristan's point,

there's an entire ecosystem that exists outside the courtroom, but i want to be very clear. you seat the jury based upon them not having preconceived notions about the case and you screen out people who have too much knowledge about this. but there are two lawyers on this jury. those two lawyers may not be criminal defense attorneys. they may not be former prosecutors. but they know that right to testify, and they go what that means. if you were going to testify, donald, then where is allen weisselberg. why don't you have him explain your side of the story? you knew that was also a loose cannon as well. i think the jury, you never underestimate their intelligence and their common sense. they leave, you're supposed to leave certain biased and prejudices at the door, and your consider cloaked with the presumption of innocence, but we know they're not stupid and ignorant about the reality of who donald trump is. maybe they wanted to hear from donald because i think it's

human nature to want to hear from the other side, but i don't think anybody credibly believed he was going to take the stand. >> let me play lady davis who used to represent michael cohen. i want to get your take on what you think the actual closings will sound like. >> the facts speak without michael cohen, he confirms but he doesn't need to be believed because he's corroborated. fact one, mr. pecker and hope hicks say that the money paid to stormy daniels was politically motivated. that's a fact from their testimony. fact two, the weisselberg document listed all the money michael cohen was reimbursed times two divided by 12 are checks mr. trump wrote for $35,000. those are facts without michael cohen's testimony. >> let me give each of you, i'm going to put 30 seconds on the clock for each of you. does that sound like what you think you'll hear in closing

arguments and do you think there will be surprise jury instructions? >> i think that is what we're going to hear. i think lanny davis was pretty much right on that. the emphasis you're going to hear from prosecutors is look at all these other witnesses and the documents are even more important than the witnesses. i think what we're talking about earlier in the show about all of those key documents, joy, that you pointed out, i think the prosecution is going to go through those brick by brick by brick. jury instructions, we got a little bit of a taste of it today from the talk, from the precharge conference. i think one of the things that's key there is the unlawful means that is at issue here that the jurors can have different ideas about what that unlawful means were. so i think that's really key there. it's basically if they were falsifying records and up to no good while they were doing it, that will get you there basically. >> all right, danny, what do you think the defense closing will sound like? >> the defense closings will

start with michael cohen's a liar. michael cohen has a motive to lie. he has a motive for revenge. then, i think you might see an empty chair, and that empty chair is allen weisselberg. they may use that absence of allen weisselberg to say something to the effect of what is the prosecution afraid of? you may say, correctly, well, the defense could have called him too. but i'm not advancing arguments that are necessarily winners. i'm advancing arguments that might create reasonable doubt. so some may think it doesn't really work for me, but all they need it to work for is one person. >> we're out of time. very quickly, any surprises, katie, neck week? >> no, just go back to the openings from the prosecution. they said it was a criminal conspiracy, and they'll go back there for closing. >> all right, katie phang, danny cevallos, tristan snell, thank you. up next, trump's fascination with hitler continues with his truth social account posting a video on him winning a second term with headlines about a unified reich in the background.

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yesterday, donald trump posted a video on his social media account. the video which was a preview of a second trump administration, promotes the mass deportation of

migrants, standard trump fascist fare at this point. but it also references a unified reich. you can faintly see it right there on a news clipping in the video. the meme was created by a group that collaborates with the trump campaign. >> border is closed. and the largest deportation in history is under way. >> the video has been deleted and the campaign tried to distance itself from the post, but here's the thing. back in april, trump told his followers only himself and dan scavino have access to his truth social media account. also, he was proud that someone once compared him to adolf hitler. he once praised hitler for doing some good things. herhetoric, dines with neonazis and white supremacists and publicly defends them. >> we will root out the communists, marxists, fascists and radical left thugs that live lie vermin within the confines

of our country. nobody has ever seen anything like we're witnessing now. it's a very sad thing for our country. it's poisoning the blood of our country. >> i think there's blame on both sides. you look at -- you look at both sides. i think there's blame on both sides. i have no doubt about it, and you don't have any doubt about it either. >> as per usual, much of the media is downplaying the fact the republican nominee is once again using nazi language. his fellow republicans don't seem all that bothered. they go to extraordinary lengths to defend him, which is super weird, since they spent the bast six months painting joe biden and democrats as anti-semites. and donald trump wants white nationalists to think he's great. he has said so. jonathan karl reported in 2016 when chris christie tried to get him to disavow david duke's endorsement, trump told him, quote, those people vote too. and they have a reason to like what he's offering.

he's promised to grand immunity to all police officers so they're free to kill anyone like george floyd, breonna taylor, and roger fortson. he's promised to launch national raids to round up 15 million migrants, place them in internment camps and mass deport them. and he plans on using the national guard to police democratic cities and use force to put down protests and restore, quote/unquote, law and order. in 2020, he told mark esper he wanted the military to shoot protesters in washington, d.c. during the protests over george floyd's murder. and republicans are already enforcing his vision. last week, texas governor greg abbott granted a full pardon and restoration of rights to daniel perry who was working as a rideshare driver in downtown austin on july 25th, 2020, when he shot and killed 28-year-old garrett foster, an air force veteran who was participating in a george floyd protest. daniel perry is an open racist who posted things on facebook

like, it is official, i am a racist, because i do not agree with people acting like animals at the zoo. and, i might go to dallas and shoot looters. that was before he went to austin and shot garrett foster. abbott argued that perry had a right to kill, because texas has one of the strongest stand your ground laws. abbott's pardon didn't address perry's apparent grooming of a 16-year-old teenager, which is odd since the governor is a champion of banning books that supposedly sexualize children. perry will now walk free and joined kyle rittenhouse and george zimmerman as republican celebrities and heroes praised for killing perceived enemies of the right or the reich, per donald's post. joining me now is matthew dowd, former republican strategist and msnbc senior political analyst, and i guess i'll just ask you from somebody sitting outside of the media window, what is it going to take to get the media to take seriously the fact that donald trump is acting like a nazi, talking like a nazi, and now posting like a nazi?

>> that's a great question. i was thinking of this as you were going through that litany. if this were a game of jeopardy, joy, and we had a category of dictators in history, right, and what you put up on there was for $200, who said, i mean, not who said, they said people are vermin, they said we want a unified reich, they said we want to round up all immigrants. they said i want to be a dictator for a day. then you ask the contestant to answer the question, i would guess 99 out of 100 people would say who is adolf hitler. that's all you have to know, his language in anybody's mind that didn't know what was going on would be thinking that it was something in nazi germany in the early 1930s in the course of this. that the i think the disappointing thing and the thing that i think is most concerning is that there's still, even hearing all of this, there's still a political party in america that enables it.

that's what i think, and who knows history, these people aren't dumb. maybe some of them are, but they're not dumb. they know history. in the end, they will allow themselves to accept that and diminish democracy or destroy democracy to get what they want. really, it's to get -- to make america a christian nationalist nation. that's in the end. and they're willing to destroy democracy. they know this. and that's the most concerning part of this, is they hear this, they hear what you all said, they hear what donald trump says. they're okay with that as long as they get what they want. >> let me play a couple of them. here's jd vance. >> viktor orban in particular, as you know, i mean, he rewrote the constitution. he's tried to control the media. these are not necessarily conservative principles. so why would you want to mimic him? >> look, i'm not endorsing every single thing viktor orban has ever done. i don't know everything he's ever done. what i think is on the

university principle, the idea that taxpayers should have some influence in how their money is spent, it's a totally reasonable thing. i think he's made some smart decisions there that we could learn from in the united states. >> let me play probably the most cowardly member of the senate, marco rubio, talking about people who look like him. >> this is a completely different -- this is not immigration. you ask about immigration. this is mass migration. mass migration. this is an invasion of the country. and it needs to be dealt with dramatically. >> to be clear, that is marco rubio, who used to be a commentator on spanish language television in the united states and who used to oppose the papers please law in arizona and considered it to be apartheid, now saying yes, round up 11 million people who look like marco rubio and his children and put them in detention camps. marco rubio is now okay with that. that guy once authored an immigration bill. your thoughts. >> whose parents left and came

to america as immigrants from cuba in order to have a better life in all this. not the story he tells. as you know, it wasn't because of castro. they left before castro. they left for reasons that didn't have anything to do with castro, but they left and came here. i think, joy, donald trump is donald trump. he is signaling in the most clear-cut way what he wants to do on january 21st, 2025. it's very clear. it's more clear than if you read mein kampf, because hitler spoke about all the things he didn't like. it was kind of a biography, but he didn't lay out all the things he wanted to do. donald trump is laying out all the things he wants to do, and the republicans, i think no longer believe anymore that, oh, it's okay, we'll run this show, and we'll manage him. they don't believe that anymore. they actually have come to the belief that if donald trump becomes a dictator and does what he does, that's okay as long as we get -- and that's the scary

thing in this. >> that's right, what they'll do is dress up like him, like saddam hussein's body doubles and all walk around wearing his clothes, dressing like him because they just feel they want to please him at all times. here's donald trump saying another part. he's now going to look at restricting contraception. >> so related to this is the whole issue of contraceptives. do you support any restrictions on a person's right to cont reception? >> we're looking at that and i'm going to have a policy on that shortly. i think it's something you'll find interesting. it's another issue that's very interesting. but you will find it, i think, very smart. i think it's a smart decision. but we'll be releasing it very soon. >> and i will just note, matthew, you know very well that fascists like viktor orban, fascists like mussolini, like hitler, one of the main things they did was restrict contraception and abortion because they expected women to produce for the state, babies

for the state. so the reality is, the abortion ban that's coming if he gets in is also part of it. it's all part of it, restricting immigration, forcing women to give birth, it's all part of it, even that. >> well, i think it's a script that any group in america that has been a marginalized group, donald trump and the republicans will go after any group, women, that's african americans, that's hispanics. that's asian americans, that's jews. any group that has been a marginalized group that is gaining power in the last 20 or 30 years is the target of this. i actually think this all gives a signal to the biden campaign in the course of this. which is, what they have to do in the fall in my view is present -- present an argument that says this is what donald trump's america will look like. not argue for positives. say this is what donald trump's america will look like. and they have to say now you decide. >> and i will note that he went on the same truth social to deny

he's going to restrict contraception. matthew dowd, my friend, thank you. coming up, a horrifying video from an american doctor who volunteered in gaza and saw the brutality of the war first hand. why choose a sleep number smart bed? can i make my side softer? i like my side firmer. sleep number does that. now, save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add any base. shop now at sleepnumber.com are your gutters clogged? cleaning them can be dangerous, mucky, yuck. get leaffilter. it's as easy as one, two, three. call or click today. get your free gutter inspection on your schedule and get leaffilter

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why choose a sleep number smart bed? can it keep me warm when i'm cold? wait, no, i'm always hot. sleep number does that. now, save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add any base shop now at sleepnumber.com the chief prosecutor of the international criminal court, which is the world's top war

crimes court, is seeking arrest warrants for israeli and hamas leaders to charge them with war crimes and crimes against humanity. in an interview with msnbc's stephanie ruhle prime minister benjamin netanyahu slammed the charges, including the allegation that israel is using starvation as a weapon of warfare. >> we flooded gaza with humanitarian aid, but before that we supplied more than minimal amounts and we fixed the road beds, we fixed the border crossings to make sure all of the food and all of the supplies go in. we have enabled air drops. we are building a port. the whole thing about a deliberate starvation policy is ridiculous. >> speaking at a senate foreign relations committee meeting, secretary of state antony blinken echoed netanyahu, saying that it complicates the prospects of a hostage and cease-fire deal. >> we remain at it, every

single day. i think there is still a possibility, but it is challenged by a number of events and i have to say, yes, the extremely wrongheaded decision by the icc prosecutor yesterday. >> which means netanyahu, blinken, as well as president biden are refuting or rejecting the icc allegations that israel bears criminal responsibility for war crimes that include the starvation of civilians, willfully causing great suffering or intentionally directing attacks against the civilian population. netanyahu has even said that israel has gone to lengths that no other government and no other army in modern urban warfare has gone to prevent civilian casualties. a surgeon from chicago would beg to differ. the doctor was part of the first convoy of international doctors to embed in the northern part of the territory this spring.

in a video diary published by the new york times he chronicles the brutality of the war, offering an inside view of a shattered healthcare system. a warning to our viewers, the video you are about to see is extremely disturbing and graphic. >> there are only a few hospitals that are working in gaza. we are stepping over dead bodies. there is no morphine or fentanyl. we put in chest tubes without anesthesia. there are always flies buzzing. sterility here is more of a suggestion. there is not enough blood in the blood bank for everyone. we have enough to say five or 10 emergency patients. it is like we are operating in the 19th century. >> now the hospital, one of the locations where the doctor worked, has been under siege since sunday. the hospital has run out of thinking water and is surrounded by tanks. the world health organization documented 450 attacks on the

gaza healthcare system since october 7. the doctor also documents the hospital workers, many who lost their houses and children to don't -- to drone strikes or bombs, but who continue to work in these hospitals doing whatever they can to save whoever they can. tragically some of his colleagues do not make it. he concludes with the issues that a cease-fire agreement must address. it must be easier for aid to get into gaza. it must be easier for injured civilians to get out of gaza and lastly medical infrastructure must be protected. these are not political issues, they are medical ones, he says. they should be indisputable. the suffering is unimaginable, but it is daily life for besieged gazans. we must not look away. something decent inside of us has to yell, stop. enough. it is far past time for this carnage to come to an end. we will be right back. ht b.

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georgia had never had a prosecutorial oversight committee and all of a sudden 14 minorities were elected to office to serve as district attorney and now all of a sudden they need an oversight committee to look after district attorney's, because they want to tell us how to prosecute and who to prosecute and where we should put our resources. apparently we now need daddy to tell us how to do our job. >> that was rachel maddow talking to fani willis last

night about how a new disciplinary board approved by a republican legislature and signed into law by republican governor brian kemp is racially motivated. today willis faced a challenge to keep her job in georgia's primary election. according to the ap she defeated her primary opponent handily. she became a target of the right and her relationship with special prosecutor nathan wade has been more dissected than trump's crimes. tomorrow, nathan wade will join me right here on set for a wide- ranging discussion about the relationship, his decision to step down and trump's attacks on him and d.a. willis. you do not want to miss it. that is tonight's "reidout". "all in with chris hayes" starts now. tonight on "all in" -- >> all i can do is tell the truth. >> defendant trump's declines to testify as the defense rests.