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.

>> i won't be resting. i don't dressed. >> tonight, the collapse of trump's final witness and the judges crucial decisions about what the jury will decide. then, another former trump's lawyer silenced in court. >> i don't want to mute you, but i need to move on. and the rnc head of election integrity arraigned for voter fraud. and why samuel alito's ethical nightmare for the supreme court is not going away. >> created a situation that we are all talking about, so i think it was a mistake. >> when "all in" starts right now. good evening from new york, i am chris hayes. after five weeks the first criminal trial of a former u.s. president is nearly over. the defense rested this morning. i called only two witnesses and despite all his bravado and

insistence is to the contrary, donald trump was not one of them. we knew that. instead we heard briefly from a paralegal about phone records before a man named robert costello took the stand. costello is a former federal prosecutor. a very close associate with rudy giuliani, the twice indicted former mayor of new york city, we will have more on that later in the show, and also donald trump's personal attorney in the white house. giuliani that is. i think it is fair to say that costello's testimony backfired on the defense, though how much remains to be determined. trump's attorneys main reason to put that man on the stand was to contradict and impugn the credibility of the prosecution's key witness, michael cohen. it turns out costello might be the only person in the country who can make michael cohen seem even-tempered by comparison.

he began testimony acting like a petulant teenager, rolling his eyes, muttering under his breath. at one point saying to strike something. of course that is not his job, that is the judge. then after sort of crossing the judge, like he tried to stare him down at which point the judge was like, are you staring me down? he cleared the courtroom. after clearing the courtroom the judge called costello's conduct contemptuous, in the narrow sense of contempt of court, and threatened to remove him from the stand and strike his testimony from the record. that man, the star witness for the defense, the one man they are putting up returned to the stands today for cross- examination. remember, at the center of costello's testimony is a 2018 meeting he had with cohen, after cohen had a search warrant executed by the fbi and as cohen tells that he is

having this back and forth with costello, who is putting a very high-pressure sales job on him. the implication of which was that they had to kind of keep cohen in trump's circle to prevent him from flipping. costello was aligned with rudy, aligned with trump, so hire me and you will stay in the circle. costello says he was just there to offer legal services. that is the main battle over what happened and today prosecutor susan hoffinger asked, quote, you discussed with cohen at the very first meeting how connect did you were with giuliani, correct? he responded, that's not true. hoffinger then read an email that stated, and we quote here, i'm sure you saw the news that rudy is joining the trump legal team. i told you that my relationship with rudy could be very useful to you. in costello's words. the prosecutor also wrote -- also read an email costello

wrote that said all the more reason to hire me because of my connection to giuliani, which i mentioned in our meeting. let me read two emails in which you mentioned him. okay. and further communication it is clear that costello continued to dangle his relationship with giuliani and, again, his relationship with donald trump. in another email he wrote i spoke with rudy, very positive. you are loved. adding, quote, there was never a doubt. adding this communication channel must be maintained. sleep well tonight, you have friends in high places. ps, i heard some very positive comments about you from the white house. you may be thinking that the indication repeatedly in emails by this man does not prove castillo's intentions, but in an example of something you don't want to put in writing, prosecutors read another email

from costello to the same legal partner. i'm quoting again. 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. i have to say when you put it like that, it sure sounds like he was following instructions from giuliani and the president, doesn't it? so the defenses final act of one big witness did not do a good job exonerating their client were knocking down the credibility of the manor was supposed to mark down, michael cohen. i have to say i follow this trail very closely. not as closely as some of our next guests who have been in the courtroom every day, but i find michael cohen on the core matters of fact that are relevant to the charges, believable. that is in large part due to the extensive documentation provided by all sorts of people including robert costello himself, not to mention the lengthy paper trail outlining the scheme to repay: for the hush money he paid to stormy

daniels to cover up the sexual encounters she had with donald trump. the attempts to hide those reimbursements. the basic contours of all of that, like was stormy daniels paid? did cohen pay for it? was he reimbursed? all of that is not in dispute. a week from now when closing arguments start this will be in the hands of the jury and they will ultimately decide the x presidents fate. joining me now is lisa rubin and susanne craig. great to have you both here. i missed the costello fireworks yesterday. i was following it and texting with lisa being like, is this as insane as it sounds? go back a day because i was not there. the costello experience in the courtroom. >> you will not sell me out by reading my response. my response was, beyond. the costello experience in the courtroom is an instructive lesson on how demeanor matters, because you can say all sorts

of things about your misdeeds and so long as you remain polite and contrite and succinct, jurors might believe you. michael cohen is an illustration of that. what was so bizarre was the robert castillo we saw over the past couple of days reminded me of the michael cohen that we saw at the civil fraud trial. >> which was exactly the fear of everyone around the prosecutor's office. >> correct. even to the point that costello said strike that where the email speaks for itself, which is also something lawyers say in defense of clients, for example. michael cohen at the civil fraud trial would say from the witness stand, asked and answered, very bombastic lee. i want to read another email that came out with robert castillo today toward the end because it is maybe the worst example of how costello was seeking to advance donald trump's interests and not michael cohen's, as he swore. at one point he writes to his

partner who had the relationship with cohen and says tune into cnn and see how they are playing this up. cohen has to know this and yet he continues to so play -- to slope laos and the president. is he totally nuts? what should i say? he is playing with the most powerful man on the planet and despite that he did not mean to him, he meant donald trump. >> what should -- the story cohen is telling is, you are donald trump student you are there to get me and he is writing this. do you, what did you think of the cross of costello? >> i first want to give some props to the sketch artist who was in court the cop that moment we just had up. the stare down where the judge is like, whoa. >> it is good, you're right.

>> definitely. so what did i think of the cross examination today when the government got back up? i thought it was incredible. i mean, just how she dissected him in the amount of time and just got right to those emails and i think laid the bear that he was an agent of giuliani and donald trump and no wonder michael cohen -- the whole premise of having costello up there was to discredit cohen because costello could say he never admitted that he made these payments to me and michael cohen said i was very suspicious of this guy. well, no wonder. i was going to say -- >> there is one piece of testimony that costello gives where he says michael cohen told him i don't have anything on the president and in some ways that is relevant and i can see on the defense you want to get that in. you want to plant the seeds that he invented it later, ex

post facto, but there are two stories about this interaction. the cohen story to my mind from the testimony i saw in that room and from the emails, the cohen story seems to match the other evidence much better than the costello story does. right? >> that is correct and there is another problem. in order to credit bob costello story that michael cohen lied, you have to believe he was telling the truth to costello at some point in time, which means michael cohen tells the truth at points in time. so it is ridiculous for bob castillo to go, michael cohen is a liar, because his entire testimony is premised on michael cohen telling him the truth for some time. >> michael cohen, he is a liar, he is achieved, but the case will come down to the jury believing at least at some point he can tell the truth. it is not like he always lies.

they have to believe him on certain points and those will be points that the government will say they have cooperation for. either they have interviews, i'm sorry, conversations to corroborate or they have documents. because michael cohen is the only person who can speak to the criminal disguise of the documents. he was at all the meetings. he has the through line. there has to be some believability on those meetings. we have the allen weisselberg document where everything is sort of cooked and here are how the payments are going to work. then allen weisselberg and michael cohen go to speak to donald trump about it. we have not heard from allen weisselberg. he is over at rikers and has not been called. so we have michael cohen's word on that conversation with donald trump where he signed off on it. it is very important. they have to believe him on stuff for there is evidence that they put up on the screen that

that may have happened. >> one is a tactical choice. the idea is the defense does not just mount the case and says you have not met your standard. i'm saying that happens fairly often. we don't even have to put someone on, because this case is insufficient. when you start to go down the road and go, we've got this guy. we will catch michael cohen lying and then it is like parts of the cross on michael cohen felt effective to me, but that is now not the last thing in their mind. it is now costello. >> there are other parts of the cross with michael cohen that never touched on the key meetings. the meeting between trump, allen weisselberg and michael cohen where they walked down the hall with the chicken scratches and trump approves it. the other being the oval office meeting where trump and cohen cement the repayment agreement and trump says to him you will get your january and february checks soon. not one word about either of those meetings during the very

lengthy, sometimes effective, cross of michael cohen. >> i think to your point if they had just said look, they haven't met their standard so we are not going to put on a defense. but then they put on a defense and this is the best they have. >> very strange. >> his client came up with it. >> good point, susanne craig. i will have you stick around for one more block because i will talk about what the jurors may be considering next week, which may be as important as any testimony we have seen. that is next. in the chase app. when you've got a decision to make... the answer is j.p. morgan wealth management.

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once both sides rested today and donald trump selection interference trial, the jury was dismissed and then a crucial hearing started about the nature of the jury instructions. the guidelines are what the judge gives the jurors on the threshold to find trump guilty or not. on the matter of the falsification of business records, that seems pretty clear-cut to me. the business records or invoices to michael cohen for a fictitious retainer agreement and then checks cut to pay those invoices, many with trump's own signature and memos that say retainer for legal fees and they falsely record those payments as legal expenses. so that happened, we know that.

michael cohen testified those were false and there is a lot to back him up the those were not legal payments. let's say you did that misdemeanor falsification of business records. the tricky part will be the intent and what it does, because donald trump is facing felony counts since the falsification, which is in black and white and not very well contested, is, according to prosecutors, in furtherance of another crime, violating campaign finance law. so what will the jury be told about how to establish trump's intent there, the furtherance of the crime part? how will they be told to apply the law to testimony and evidence presented to them on that score? i don't think it is an overstatement to say this case could be won or lost on those instructions. back with me, msnbc legal correspondent lisa -- lisa rubin. we are joined by charles

coleman. lisa, you were in the hearing today. first of all do you agree of that characterization of the weight of the instructions? >> i agree about the weight of the instructions. i disagree about what will be easy and what will be difficult. i will give you an example from today. in order to find trump guilty of felony falsification of business records, the jury has to find that he made the false business records himself or caused someone else to make them. the meaning of the word, caused, is something on which this case hinges, because the prosecutors want a definition that is expansive. if based on your conduct you could foresee the business records would be falsified, you have caused the falsification. that is the instruction they wanted today and the instruction that the judge indicated he is not likely to give. so then the question is what will cause me nand how will it be defined for the jurors? if it means literally that i direct charles, here is how

you're going to set up his general business ledger, that's not evidence that is in this case right now -- because of how he does business. so while i think that these business records were false, to establish that trump falsified them -- i think the cause thing is a huge thing. >> it is huge because of testimony we have not heard in terms of someone explicitly saying that donald trump instructed me or directed me to do these things. which is why michael cohen's testimony was so important. getting back to the jury instructions, this is where the prosecution should be very nervous and i say that because the more complicated the jury instructions are, the more difficult it is to get 12 jurors to convict beyond a reasonable doubt and that is what they have to do. if you are the defense you are concerned, but for the prosecution this is where the case falls apart if it does.

>> i think about how i would understand this if i am a juror and i guess in my mind there is a flowchart. the first is, where there falsified business records? you can say actually michael cohen was giving legal's services. if there are falsified business records, did donald trump cause them, however cause is defined, to be falsified? i think yes, but i understand that might not be a slamdunk based on what the definition of cause is and third, did he do it in furtherance of another crime? >> it is even broader than that. >> it is because there could be other reasons why an respect to intent and that is where the prosecution has a leg up. let me back up. the judge is going to, more than likely in a case like this create what is called a special verdict form and that will do

exactly what you talked about. it will take them step-by-step. >> a flowchart. >> yes, keep going. if no, we are done. each element of the crime in terms of what needs to be established and proven after explaining the standards. that will be a check for them, all 12, to agree on. >> so they will have a form embodying the flowchart. >> if they have a special verdict form. >> which i suspect they will because this is not as straightforward as other cases. >> let's get back to the third element. >> the third element is, did he do so with an intent to defraud, including an intent to commit or conceal another crime? today one of the arguments that the party had was do they have to separately prove there was both an intent to defraud someone and an intent to commit or conceal another crime. they are part and parcel of the same thing.

>> i think they are broad. >> but when you are talking about did he have an intent to commit or conceal another crime, this is the thing, what is that other crime and how specific does it have to be? i think the principal theory that the da's office is relying on is that trump intended to conceal, a conspiracy between and among him, cohen, david pecker, dylan howard and others to promote his election in 2016 and, here's the kicker, through unlawful means. i think this is where things get really complicated. >> hush money is not unlawful by itself. the payment of hush money is not unlawful. the falsified business records is unlawful. >> basically the da's office stood up and said you have four choices to choose from. amis payment to karen mcdougal is one unlawful means.

>> and david pecker testified he was worried it was that. >> right and michael cohen's payment to stormy daniels is a second. then you also have possible big records -- possible bank records. the thing i want to communicate is 1037 said today he will not insist every juror comes away with the same unlawful means. which means i can think it is the bank records and you can think it is the payment to mcdougal and that's okay. it is that he has an intent to conceal, this conspiracy to promote his election through unlawful means and all that matters is that someone in the conspiracy take the overt step. >> that is the part the prosecution has to their benefit because they don't have to convince the jury they were in cahoots for the same thing. >> or even the specific dystrophy -- discrete crime.

>> correct. it does not have to be complete. that is not part of what is the burden of proof for the prosecution. >> and briefly that is why they are going back and forth about whether or not to let this expert in. my understanding was they wanted to bring him into say the case was bunk and the judge was like no, that is a matter of law, not fact. if that is true the judge should never allow the case to go forward, so he was out but that fighting about what to prove is now in the jury instructions. >> yes and actually not even because the judge has already determined multiple steps to get there. >> so we will see the cause we are looking for in the jury instructions, that element and how they describe it. lisa rubin and charles coleman, thank you very much. still ahead, things keep getting worse somehow for rudy giuliani. the wild scene from his latest indictment in an arizona courtroom, on zoom of course. next.

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it was a wild scene in arizona today where 11 of the 18 people charged in the fake collector scheme trying to overturn the election pleaded not guilty this morning. among the people charged was this woman, christina bobb, seen in her mug shot. bobb is a former lawyer for donald trump is now currently serves, get this, as the republican national committee

senior counsel for election integrity. >> would you state your name? >> christina bobb. >> you are before the court on counts one through nine. as to each allegation you have the right to remain silent. you also have the right to be represented by counsel. you are appearing with your lawyer this morning. the word will enter a not guilty plea on your behalf as to each allegation. you will need to be present for your scheduled hearings. if you failed to appear for court without good cause a warrant could be issued for your arrest. >> former trump lawyer rudy giuliani was also arraigned today via telephone. >> it's time set for the not guilty arraignment. would you please state your name? >> rudolph giuliani. >> prosecutors explained the lengths they had to go to serve giuliani with his summons to appear today. >> my agents spent about 4 to 5

hours outside of his manhattan condo. the doorman told them two days earlier that a note came down that no one was allowed up to giuliani's office to provide service. on may 2 we sent certified mail to his manhattan address. it was with the summons. he posted a photo last friday night. as you can see it is a picture from his 80th birthday party in palm beach, florida. we actually had agents in florida at the time, sitting outside the party and waiting to see if he would leave to serve him the summons. about an hour after that post, the agents saw him leaving and served him a summons to appear today. >> the judge ruled he must now appear in person within 30 days and post a $10,000 bond. >> a complete embarrassment to

the legal system. i show up at every court appearance and i've been to 20 or 30 of them. there is no history -- >> i think i understand your position. thank you, sir. >> in this completely political case. >> all right, sir. mr. giuliani i don't want to mute you, but i will move on. with respect to the bond i will set a secured appearance bond rather than a cash bond. >> you set a bond of $10,000? >> i did, secured appearance bond. >> and executive -- and investigative reporter for the new york times was inside the courtroom today and joins me now. describe what it was like inside the courtroom.

>> until they got to giuliani it was uneventful. it was like a normal arraignment. they might've spent five minutes on each defendant, guilty or not guilty, and then the court would tell them when their next hearings were. it was proceeding like normal and then it got to giuliani and things got much more interesting. the prosecutors had not asked for a bond for any of the other defendants and they had not asked any other defendant to show up in person. these arraignments today, several were virtual, so it was quite unusual. they were clearly aggrieved by giuliani's behavior over the past several weeks and they felt like he was basically taunting the arizona justice system. >> the prosecutor giving that lengthy disposition on the

efforts they went to, my understanding was connected to them asking for a bond. again, he tweeted at one point from that party a kind of catch me if you can tweet. i'm not hiding from anyone. it was only after that that he was actually served and i guess the point the prosecution was making as we can't trust him to comply based on his behavior with respect to this summons. >> right and they put a picture of that tweet, they displayed that in court. they clearly wanted to make a point about what he had done. he pushed back. he said that the reason you couldn't get to me in my apartment is i have a number of death threats and i don't let anyone up. but then they pointed out that they discovered right after the indictment became public, the doorman at giuliani's building was told not to let anyone up. so that is how that went. >> i wanted to show, these are some of the individuals who

have been arraigned. john eastman who served as an attorney. kelli ward, who is notable because she used to run the arizona gop. michael ward, tyler bauer and of course, christina bobb. christina bobb was there in person today, am i right? >> that is correct. >> and she is now special counsel for election integrity at the republican national committee. she is charged essentially with election fraud for attempting to defraud the voters of arizona from there rightful vote counting. what are the next steps in this case? we heard about mandatory court appearances coming soon, for giuliani. >> there are a number of arraignments to come next month. mark meadows has not been arraigned yet. boris epshteyn, who is still one of trump's top lawyers. he is going to be arraigned i think the middle of next month. jenna ellis i believe is still

due. so there are still a number of people who have to come up and then there are a whole number of hearings that will play out. the trial date is tentatively set for mid-october, but i don't think there is any way that we are going to see a trial in mid-october. >> mid-october seems optimistic. based on how we have seen all of this go so far. danny hakim, thank you so much. >> thank you. still to come, new reporting on the culture wars of a supreme court justice as calls on samuel alito to recuse himself increase. next. of magnesium. qunol, the brand i trust.

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when you venture out into the world you may find yourself in a job or a community or a social setting where you will be pressured to endorse ideas you don't believe or to abandon core beliefs. it will be up to you to speak out. >> that was supreme court justice samuel alito speaking earlier this month to graduates of franciscan university in ohio, one of the spiritual centers of antiabortion. the school consistently ranks as one of the most conservative colleges in america. its website stresses how central the school has been in the long movement to criminalize abortion in america.

hardly did we know then that alito's family had already lived out his advice in their own community. as the supreme court was considering an election case, by flying the united states flag upside down on the front lawn of their house. a symbol adopted by donald trump supporters to protest biden's victory. that is shocking, shocking behavior out of a sitting supreme court justice. alito did not dispute with the flags stood for. in an email statement he just said it was his wife's idea to fly it in the neighborhood over their own yard signs. almost like he found himself in a social setting being pressured to support ideas he did not believe. in the news broke about stock trades last summer. that august there was the performative right-wing effort to boycott bud light because

the company had provided a single influencer with one can of beer. it is hard to remember how crazy the bud light boycott became, but let a heavily armed kid rock remind you. >> bud light [ bleep ] anheuser- busch . have a terrific day. >> while that boycott was raging last august according to a search of financial records, justice alito sold stock in bud light's parent company and bought shares of cores on the same day. kid rock was shooting bud light cases and sam alito was selling anheuser-busch stock. you could say maybe just a coincidence of a point for everything else we know about sam alito.

the guy who just got an honorary degree and a standing ovation at a conservative college for authoring the dobbs decision that finally ended roe v. wade. the got leaked ahead of time like the hobby lobby decision apparently that he authored. to impose religious beliefs on employees -- the more you examine his comments over the court, and public speeches that conservative schools at organizations like the federalist society, the more he looks and sounds like what i think he is, a far right maga loving extremist. nothing confirms that more than the fact that alito and his wife apparently flew the symbol of an anti-democratic extremist movement over their own home. the new york times reporter who broke that truly jaw-dropping story joins me next. to make clothes softer, fresher, and better.

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this story broke in the new york times while i was away last week, and it showed up on my phone, and it literally stopped me in my tracks. i stopped on the sidewalk and i read the whole thing and i wanted to run around to every person and say, did you see this? it was that shocking. one of our supreme court justices had an upside down

american flag flying over his house a week after january 6th. after he gave a brief statement confirming the report, he went to a fox news host saying his neighbor put up a derogatory sign about donald trump and his wife spoke to them about it and his wife decided to make a statement by hanging the american flag upside down outside their home. okay. do we have to take his neighbors word for. it changes nothing about what a shocking story this is. the reporter who broke it for the new york times joins me now. first, let's start with the symbiotic so that flag. it's a pretty deep cut. it was a symbol that was known

in a fairly small part of american political life. but the meaning was clear to the people that did no. >> upside down american flags have been used to protest many things at many different times in the last decades. but during this point, in the fall of 2020 and early 2021, crystallized as one of symbols of the stop the steal campaign. we found trump supporters turning their flags upside down in protest of joe biden being awarded in the days when it peered outside their home, you can see the instructions that the inauguration is coming and there are these expectations at this time. this is the way to protest president biden's inauguration. >> the origins of it is a distressed symbol in the military. and the ship is about to go under, basically. a sign of the most urgent

stress. you'd write this story, and i've been a reporter and i've broken stories where you think ought to be get this right. and then you have everything confirmed. i mean, they wrote back and said, yes, that happened. >> response was fascinating because justice alito did not deny that this happened. he did not deny the meaning of the flag and didn't deny that he had knowledge of it happening. it was up for several days. >> they've gone to fox news to give this further context it was a tiff with neighbors. and i think it's interesting because it shows everyone understands who is on which side. do you know -- the people in the neighborhood, like contemporaneously cut notice the flag? were they shocked by it? >> it's interesting. not everybody noticed it. those who did just had kind of

an incredulous reaction because everyone knows that the rules for federal judges is that you cannot make political displays. these are washington people. these are rules that every lawyer knows. the commitment to not only being impartial, but seeming impartial and not giving anyone the wrong impression are at the heart at the rules for judges. >> to make a really clear point, you are married to fantastic writer and reporter. but if they wanted to put a political sign on your door, you would, i think, save your spouse, we cannot do that. right?>> of course. >> for new york times reporter. i'm seeing it for myself. >> what is more interesting

than me or my husband is it's the memos that the supreme court sent out internally to its own employees. they are very clear and they reiterate these instructions they say you cannot participate in any clinical activities and they specifically cite displays and signs. so i asked the supreme court, do these rules, which apply to everyone who works there also applied to the justices? and they did not answer. >> the answer is basically no and they are bound by nothing. in a literal sense. >> so there's a new code of ethics for federal judges that they've adhere to in the past. it is a clear understanding that judges are not supposed to tip

their hands about the political beliefs. of course they have them, but what i want to say is especially relevant is that the court at this time was still deciding -- they were still considering a lingering 2020 election case. but also, in the next few weeks they are going issued these climatic decisions about january 6th. these are essentially going to determine accountability for that day for former president trump and the court has had a problem with these cases from beginning essentially how can they get a wide swath of americans to trust the outcome given how politicized it feels. that existed before hand. now what legal experts tell me is that this upside down flag doesn't make it any easier. and it does not help the court's credibility at this essential moment.

but i think that's an understatement. you're being very careful. you can imagine a world where you put a yard sign up that says no on this property tax bill in virginia. this is a flag, whose meaning at the time was understood as support for donald trump's false claim that the election was stolen from him after the violent insurrection on january 6. so this is not just a political statement. this is a very specific and loaded political statement that was like the election was rigged and donald trump did not lose. that is the meeting that was understood contemporaneously by people on message boards. basically, the question is, you know, it's about whether these cases are being fairly decided and it's about the future trust in the judiciary.>> there are

about 50 members of the house of representatives who called for recusal from those two january 6th related cases. hank johnson said we were compelled to request recuse yourself and obstructing an official proceeding and the other cases that may arise from the events surrounding january 6th. and other justices, ginni thomas, was subpoenaed by the january 6th committee and texted with mark meadows about the election. so there is other stuff under the general politicized atmosphere. fantastic reporting. thank you very much.>> good evening. >> some other stuff is -- amazing