shell renewable race fuel. reducing emissions by 60%. ♪♪ we're moving forward with indycar. because we're moving forward with everybody. shell. powering progress. thank you so much for watching. ari melber is up next. you can watch the 11th hour on our youtube page or go to msnbc.com/stephanie and on that note, i wish you a good night from chicago from all of our colleagues across the networks. thanks for staying up late with

me. welcome to the beat. i'm ari melber and we have a packed show tonight. michael cohen is here . you know the name. lanny davis joins us later tonight as we track what could become a verdict that would hinge more than anything else on michael kahn's testimony and by the end of the hour, al sharpton is here for a cultural moment unlike anything we've ever tried on the beat before. you see him there was james brown. the reverend is here joined by an artist making his big debut tonight, henry mack. our top show story shows why verdict is on the way and trumps criminal trial, his defense lawyers resting their case today telling the judge they've completed their mission

without ever having to call trump to testify, as is their right. they finished after less than two days in control. trumps lawyers call just two witnesses compared to the 19 witnesses the d.a. called, some of whom you can see right here, the star witness cohen, former trump aid hicks, stormy daniels, a tabloid chief and an array of many different, important people. legal you are looking at the typical mismatch. the d.a., the prosecution calls more witnesses and much more evidence because they have the burden of proof and whether trumps defense lawyers got enough doubt going through their cross-examine of the two witnesses you see there is an open question right now especially as trumps defense found that it's final longest witness, the one who spent more time on the stand than the other witness, robert castillo, frequently cost trump more than he helped and that's according to the judge. costello has been the worst

witness, facing morse goldings than others with a heated exchange for the judge rebuked his contemptuous conduct and warned him he could be removed from the stand and risk having his testimony struck entirely. that is a harsh rebuke for costello. he's been criticized over his credibility, his ethics. he is a former federal prosecutor that was treated ultimately more like a nuisance by this judge. his links to now indicted former prosecutor rudy giuliani remind everyone how leading a case at one point in your career does not mean a lawyer will never end up as a witness or on the other side as a defendant. it is hard at this point to see how this would be the final note trumps lawyers wanted to end on. >> the defense has rested its case after calling just two witnesses. >> one of them made the judge

furious. >> robert costello back on the stand later this morning after yesterday's fireworks. >> yesterday he was nearly tossed from the witness box and his entire testimony was nearly stricken. >>'s all attitude on the stand could have the defense team rethinking its strategy of calling him at all. >> for the jury, the main question is if they find costello credible. the d.a. used cross to show castillo did not seem to be genuinely representing collins interest or trying to find some absolute truth but rather, that costello , giuliani sala, was using or abusing his access to try to push cohen to help trump to try to stop cohen from flipping. as with other points in the trial, some of the strongest evidence is not what people say now. it is what they wrote back then, especially if they thought it was secret, so there were some new emails that show castillo telling calling his goal was to get cohen on the right page without ever admitting they were following instructions from giuliani or trump.

some of costello's approach was not so much legal advice as much as it felt like a bad impression of b-movie trips. the jury saw costello's amateurish silly email to michael kahn that proclaimed sleep well, you have friends in high places. and honestly, it sounds more like some bad dialogue from donnie brass go than how a criminal defense lawyer actually counsels a client. i mean think about it. cohen knew his boss was president. he knew trump was in a high place. the actual legal issues were about his criminal jeopardy, but the feds had on him at that point and if his famously selfish client, former president trump at the time, might pardon him. cohen determined trump was going to do that then and that turned out to be true.

on the stand, costello confirmed that the reference to friend in the silly email referred to trump. the rest of the day focused on a clash over these pivotal instructions for the jury, and they will start to meet and deliberate after closing arguments next week. both sides spent the afternoon wrangling over these pivotal rules for the jury and i can tell you, this is as important as it is boring. in other words, the outcome really matters but it's in the weeds when you look at how jury instructions are negotiated. they were tangling over things like reminding the jury that ndas are legal, generally. the 2000, grounds apparently in language to tell the jury that. trump asked the language in ways he could blame his past lawyers forces misconduct and push the jury about what is lawyers can find if they don't think this was a campaign motivation of the judge proposed that he may just tell the jury, the payments were not a campaign contribution if they find they would've been made whether trump was running for president or not. in other words, the judges say and it's good for trump if you determine that he would've made

the payment anyway. we talked about that a lot in covering this trial. the point there is, if he would have made the payment anyway, does the jury have clear instructions about how to interpret that, and that means it is not a campaign contribution if he would've made it anyway. i want to be clear with you, there is no final ruling on that as of this hour. we did see a setback when trumps lawyers basically ask for special treatment, telling the judge he should just make it harder to convict trump by discussing how the jury could should consider fraud and intent to conceal the crime. the bottom line is, they lost that request, the judge finding that the law has one intent requirement, so he explained he was not going to materially change the statute just to make it easier on defendant trump. why does all of this stuff in the weeds matter? two reasons. one, most of the jury are nonlawyers. there are two lawyers and 10

citizens and they need some instructions to make sense of all of this in two, if the defendant is convicted, they have the right to appeal and this is the kind of stuff that goes up on appeal and they say was the judge fair? were the instructions clear and that they follow precedent? as i told you, sometimes it's exciting, talking about tapes if you will and other times we are in the weeds of the jury instruction and there is no better legal gardener when you go into the weeds then and fbi veteran and former federal prosecutor andrew weissmann when we are back in 90 seconds. seconds. che, but this is just right. and i don't like anything. but i like this. get a light scent that lasts with no heavy perfumes or dyes. ( ♪ ♪ )

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defendant trump there passing on an opportunity to engage the press. it was confirmed today he will not be testifying in his defense of the trial, which is his right. we are now joined by andrew weissmann, welcome, andrew. jury instructions are boring but important. agree? >> totally agree. >> we don't have it all set yet. i like to be very clear with people. we don't have the mall. when we get them we will be reading them and we can kind of announce whether they seem really standard or slanted any which way. let's start now over

the wrangling and instruction on the campaign crime and the money. tell me about that. >> there was one part i thought was really interesting and good for the government, and it is that the state, in order to make this a felony, has three separate crimes they are going to point to to say if you committed this false business record with the intent, just the intent to aid or conceal another crime, you have this felony in the pointed to three separate crimes. one federal, two state. one of the arguments was, does the jury have to be unanimous about which of the three. another words, you have six saying it's this one and three saying it's that one, is that sufficient or do they all have to be 12 saying it is this one, and the judge says as long as it is unanimous at least that

they all agreed that at least one, they don't have to agree on the same one, that is sufficient. >> right, which is bad for trump. so, if you are doing a crack prosecution but there is a possibility the outer was illegal fentanyl instead of crack, as long as you can get the jury onboard that this was an illegal substance contraband, you're good, and that is sort of the analogy here. if you're going at a drug charge, you don't get to say oh no, you guys are -- different crime. yes i clearly have 12 people who think i committed a crime but they are split on it if they are bundled together. >> yes, i mean that analogy is basically -- you said we were going to be in the weeds and i'm the gardener. the legal term is that it is methods and means. in other words, the methods and means by which you carry out crime is not something the jury has to be unanimous about. they have to be unanimous on the elements of a crime.

every crime has certain elements. that has to be unanimous but this is a good railing because it is just a smorgasbord of choices and you don't have to have unanimity. that i think was really useful. >> that reminds people who follow the trial that there was so much emphasis on what trumps intent was in covering it up, right? so again, if you want to be as fair as possible and there is a defense that he has these other legal reasons to cover it up, and court of public opinion, people may judge it. voters may judge it, the christian right group of -- republicans used to judge that but that a separate here. the only thing is to your point, can they demonstrate that he is doing this to cover up some other crime and if they disagree on which crime that's okay. >> yes, and to your point this came up in the judge dealt with this issue in the jury charge. what if the state proved that

50% of what donald trump was thinking was campaign violation and 50% was wallonia, personal. or if it was 90/10. they will make up their own hypotheticals. what does the law require? does it have to be 100% campaign over text? what if there is some portion that he was thinking about just protecting his family, and the law in new york, and the judge basically said this, that it does not require the state to prove that it is 100% campaign. the judge said there has to be -- you can have dual motors. the state doesn't have to prove that the only reason you are doing this. >> someone could have a big public facing job. they are the ceo of big company and there is evidence that the abuse, beat up on their wife,

let's say. their motivation might be to avoid embarrassment and also avoid the fact that they allegedly committed a crime of battery. the fact that they are also worried about losing their job, which is not legal, or being embarrassed or being kicked out of their country club, that does not invalidate the legal intent. >> exactly, so we will know exactly what language the judge is going to use on thursday, one of the thing judge merchan has been spectacular at doing, as he is going to make sure on thursday that the public and also all of the parties see exactly what he's going to charge the jury. that is important because as you and i know, when you're comparing your summation, what is the judge when to say the law is so you can address that in terms of telling the jury, this is why we have established

the facts are on the defense side, this is why they have not established it but you need to know what you're shooting against, so the judge is going to give that to them with plenty of time to prepare. >> yes, and i'm going to keep you over the next break but briefly, that's just a couple pages we ultimately get. >> it could be like 30 pages. >> that's longer than i was thinking. >> in general, jury instructions are long and then the judge sometimes will actually give the actual charge, printed out and do a checklist. >> there is a saying. i don't know if you've ever heard people talk about good tv. i don't know if this was good tv, but i know it was good law. okay? i know it was good law, especially down to the details of what we are going to see because we are going to be poring over these instructions. were going to have the instructions for a while because -- before we get anything back from the jury. but we are going to turn to the hotter item.

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less than two weeks before the presidential election michael kahn wired hundred and $30,000 to stormy daniels' lawyer. that payment was to hide information from the voting public. the scheme violated election law. >> we are back with andrew weissmann. return finally to two days of defense and they had a rough two days. here is one moment people see from what i call the hot mess of this giuliani ally, castillo. he says can i say something please? and that is kind of how he talks. and the judge says no. no. this is not a conversation. he knew better. he still acted this way. was it a hot mess? did he hurt the defense effort? >> by the way, that quote is the least of it. he said twice to him, the judge

to the witness outside the presence of the jury, your conduct is contemptuous. he was a huge mistake. it is better to not put on a witness if you are the defense than to put on a bad witness. the jurors are going to be like, you had a defense in this is your defense? here is what i think the state is going to argue in summation. they're going to be sane, you saw an obstruction scheme. you saw it in black and white that was orchestrated by that man and it was carried out by bob costello and rudy giuliani and what was the goal? to have michael cohen never take the stand. you do not do that if you are innocent. you do not do that if you are not worried about michael cohen.

they will use that to show consciousness of guilt and to rehabilitate michael kahn to say they knew exactly that he had the goods. >> is that case stronger with the defense having put him on? >> absolutely. this was a huge mistake. i know some of the defense lawyers can't imagine this was their choice, that they are too good to be thinking. >> so then it looks like malpractice but maybe trump forced them into it as a client, you're saying. demanded it. >> exactly, the same way listening to donald trump say i wish i could've testified, just to be clear, it is his choice. it's not the lawyers choice. >> adding a layer to what you know, they are good enough to know this is a mess they didn't want.

again, the defendant has these rights. i've emphasized that. i mean it fairly. in this case he may have exercised the right that blew up in his face. andrew, thanks for being here. we have a lot coming up including michael collins longtime adviser, lanny davis. he is our special guest, including on these new jury instructions, next. and none of the things i. hair feels deeply nourished, soft and lightweight. plant power you can feel. new herbal essences sulfate free. my daughter is mila. she is 19 months old. she is a little ray of sunshine. one of the happiest babies you'll probably ever meet. children with down syndrome typically have a higher risk for developing acute myeloid leukemia

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this is a violation of criminal law and mr. starr i needs to be investigated if were going to allow the

subpoena power to be used for that intimidating purpose. >> i fear that governor bush is going to have to give in and answer all those questions. >> we talked about what caused him to change his mind from taking a bullet for donald trump. >> lanny davis has the experience, michael collins former lawyer and adviser and special counsel to president clinton. it's good to just be alive. i think we can all agree on that. you've been around both law and politics for a minute, as they say. i want to show you what michael cohen, who we know you have been close to, what his testimony got in terms of reception. there are analyst to say he was cool under pressure, calm, instrumental in the incriminating material he provided about donald trump and compelling. others here said his

credibility was ultimately sharply undermined by showing his own manipulations and outright lies. i show that to remind citizens and viewers of the breadth of reaction. at times, he was damning, cool and calm i think it is fair to say. but you see those other accounts saying he was also shown to be a liar. your response to that? >> going to surprise you by saying i agree with both but they're not important. yes, he was a liar. as he said, nationally, publicly, in front of congress, under oath, dirty deeds, lied for donald trump. i am ashamed. he owned them so the part of michael kahn that was the subject of cross examination demonstrated that part of him but he also said i now need to tell the truth and the direct

words had something to do with helping him write these words, was for my country and my family but let me tell you why i think this is way too emphasized. i submit and i will prove to you if you give me 60 seconds, you don't need michael cohen's testimony for a jury to convict donald trump beyond a reasonable doubt. there are two issues for the jury to decide. issue one, what was the primary motivation of the hush money payment? does that motivation have anything to do with the campaign and politics, check that box as guilty and of course you heard hope hicks, david pecker and the attorney for stormy daniels think this was about the campaign, not about his wife. so check that box, no michael cohen testimony needed. the second one is a little bit more difficult to understand. his testimony when he called keith schiller and schiller hands the phone to donald

trump, everybody knew the way michael anyone communicated with trump was to call keith schiller. the fact that he did mention that he was also being harassed and he mentioned that to schiller and perry mason moment well, an attorney screaming you why dozen evidence, so what is the second question for the jury? did donald trump lie when he called the payments to stormy daniels and the repayments to michael: legal fees? and there is a document that you don't need michael cohen for to decide whether they were legal fees or reimbursements for legal acts. that document speaks for itself. i think that's fair. i think that is fair and i have told viewers, part of this case is on paper and it shows donald trump lying and shows the business committing that type of fraud, of lying to the government and business. that happened according to the paper, which is separate from

whether the jury finds the full conspiracy. i want to get you on the jury instructions and i will give you more time, but this is new today. the case goes to jury. you know instructions could matter a lot. both sides argued well into the afternoon today about what the jury should be told, how to address new york election law. this is of course that key law and as i mentioned in the broadcast, trumps lawyers appeared to lose their effort to change the intent standard. based on your understanding of the process and how that went today, it's not 100% complete. do you think that is on the right track or do you have any concerns about that, for example, have they drastically changed the intent standard for trump, i think that could've been a big question. >> no, of course not. it's what we call in law school, hornbook law. this is the law we use for these instructions in new york state and it was of course the

defense team that wants to rewrite the law because the law doesn't help them so i think the instructions followed the letter of the law. >> and the other point you wanted to hit? >> yes, please. there is a speaking document where you don't need michael cohen it on and speak so loud that a reasonable jury is going to say yes, donald trump lied and that can be proven by a document by allen weisselberg, the chief financial officer so close to donald trump that he went to jail rather than testify and that document had a number of figures written in his handwriting, authenticated and they ended up including the $130,000 paid to stormy daniels. the documents total 420,000. nothing about legal fees.

it's about the math, stupid. 420w12 is 35. that's the money reimbursed to michael cohen, chewed up so he didn't have to pay coat income taxes and that math is not about legal fees. donald trump lied, as he has lied, saying they were legal fees when he knew perfectly well he was reimbursing michael: as giuliani said on television, as trump himself called them reimbursements. if the jury thought they were reimbursements and not legal fees, they can find a verdict on both crimes. no michael cohen in -- needed. >> that's interesting coming from you here on the very day the defense rest. lanny davis, good to see you again. up next, trumps fraudulent electors back in arizona court. that's another important story next. that's another important story next. so his doctor prescribed austedo xr— a once-daily td treatment for adults. ♪as you go with austedo♪

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now we turn to accountability to alleged crimes by donald trump and his team in 2020, the electoral fraud. remember, rudy giuliani and 10 trump allies, associates or aids have now faced arrest and arraignment in arizona for charges of fraud, forgery and conspiracy. they have all fled not guilty. when charge includes someone

who has the title of election integrity czar for the national republican party. that is trump lawyer christina vaughn. for all of the talk around the nation whether there was a 2016 crime when it comes to 2020, some of the trump lawyers have already been convicted of a 2020 crime. i want to turn to another important story we've reported on a foreign that i've told you we would continue to update you on, can't singer cassie responding to a video that has surfaced that shows sean diddy combs viciously beating her in

a hotel hallway. now, we have more response from her side as her attorney said that diddy's new statement, which includes words to the effect of an apology is, they say, quote, more about himself and the many people he has heard and also shows his pathetic desperation. this bateman came only after this extremely disturbing video was revealed. the washington post there reporting on it, cnn is you can see here on a still frame shows the clear violence. it includes combs dragon her, throwing her to the ground and taking her back. all of this occurred on the video in 2016. the assault, also appears to confirm an incident she alleged in her lawsuit that was filed against combs in november. we also want to know when we look at truth and accountability that at the time, combs denied those

allegations and after the lawsuit was filed reached a quick settlement without any public admission of wrongdoing. now faced with the video, combs says he does admit the abuse and released the statement. critics point out the apology only comes after he got caught and that there is a larger reckoning needed for this kind of violence when it is obviously confirmed with this kind of evidence. i should also tell you that at the l.a. d.a.s office, stipulated in a public response that based on the local laws, they say the assault happened too long ago to be prosecuted now even with this evidence. separately, combs faces multiple civil lawsuits and allegations including this kind of physical abuse and sexual assault. he is separately denied those allegations. at a broader level, we can remind you we reported on this back in march when federal agents rated diddy's properties. one source telling us that probe was related to the broadest allegations of trafficking that would appear to be more recent than the horrific things shown on that video we are porting on

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okay, that's uncalled for. welcome back. trying different things around here and today we have the first ever freestyle fall back with two very special guests who know all about this. >> an agile mind that is why we are doing something different. freestyle rapping. making up poetry on the spot. based on anything around him. it could be words people share or what he sees or what his fans are wearing. or what his fans are wearing.

. >> we love it. it is really amazing >> thank you. >> i am going to show a little more of the reaction. as we just saw there, live, that is one take. no cheating and he has impressed his own fans, people you run into the street who do not know who you are and creatives. >> . >> let's make some god [beep] noise. >> >> let's make some god [beep] noise. >> [ laughter ] >> you blown away you got your fingers on your temple let's go. >> what the?

whoa. >> we are joined by reverend al sharper in, many talents and extraordinary life you have been living was, of course, back in the day, the manager of god father himself, james brown. he runs politics nation and runs a national network that hosted none other than president biden at their annual gathering >> thank you. >> thank you. >> long time fan. great to the have you here. >> rev, good to be on with you. >> my man >> have you ever seen this young man before? >> i have not. i told people this is real, one take live, we will see. we got words, you have not shown him your words, radioit? >> not one. >> i have not shown you >> this is journalism. there not a fake magic show where we are trying to help you out. we will see what you can do. tell our viewers here in a sentence or two in your own words what are we about to see, what is it that you do? >> freestyle rapping, it means

different things. when i am improvising, nothing is prememorized or prepared. i will see the words for the first time >> the tapes we saw you did not know any of that was going to happen? >> just live in the moment, you know. >> yes. it is so interesting. we heard different artists but this is the high intellectual level, high word level. we have these words. we will take turns and you are just going to give us new poetry from your mind. >> that is the idea. let's do it. i will say three, two, one. >> y'all know the people soon to see, we have presidential immunity. i came through to bear the witness but no one is immune to my sickness, when i start to rip this, i should be recording up there in the oval office. low, al let me see the next work. the word here is trump trial, i

never play for the chump, i am putting other rappers on the trial like trump. we can overthrow. that is what the fact is. hit me with the next word in your stack when it comes to lyrics they try to jack when i rhyme i prove i got a lot of soul, multiple genres. hip soul, sitting next of the manager with james brown. never getting played for the punk, the word james, we are about to hit him in the punk. ♪ i am doing it all of the my brain when i rhyme i run my campaign. i rip the mike and i kill this, people have to vote mack to be the illness. >> put me in position, i can not trust you. these rappers waste time like filibusters. i don't pen it when it comes to rap i like the laws like the senate. [ laughter ] >> i feel like i flee to freestyle congress, i rip up on

the mike and bust this. alsharpton other ands fighting for justice. rhyming off of the top i am speaking about the policies. the is good for your health like fresh fruit. fruit from the farmer's market because my thoughts are organic. blue buries from tradey joes, hold up, wait a minute did i just witness that the word is funk, but i predicted that. i knew it was coming. blown away by hard i went, on the mic i smoke it up like the parliament. call me the rap smith. ♪ they are sure to lose they are not paying taxes, they are not paying no dues, when i want it i spit until my last breath. the only thing guaranteed is taxes and death. one thing is mack will make you stage dive, i am intelligence as ai. lead the way, harry mack came

to ball. these other rappers talk but they don't effect mine, i heard you got a direct line to my man, yo, al can we hit up joe biden, get him on the phone to hear the freestyle, when i am rhyming. we never stop, let me catch that word when it comes to kicking lyrics i am absurd. i am rhyming i am flashing i don't need the jewelries and the fashion. i blow lines with the technique, the way i shine it must be fashion week. every time i rhyme the shouts out to rachel in the building i am about to throw it down. i am doing one filling, i am moving through stack with the ease, i do as i please. you know they love how i create this flow is getting heated like presidential debates. stage mack any competition i am calling out. oh, you know who we are to

spar, i have to send love out to caitlin clark, when i rhyme off of the clark, the wnba, spitting in the freeway, i ain't no punk. all around the planet the people are going to see, i should kick the freestyle for nancy pelosi. some will freestyle for all of the politicians when i am rhyming they always listen. stage mack getting it done. we are having fun, spitting uv rays shining like the sun, this moment right now, rapper on tv. shouts out to harvey for bringing me through and giving me this opportunity to do what i do. let me see what is going on with all of these rap creations. the money is going higher because of the inflation. when i split i am a inflate like your heart. getting busy with these tunes. i will rap around the planet they acknowledge in red and blue states. i paint the town new colors,

when it comes to leave edges i do like none other. i upon rapping them rhymes while sitting next to the reverend. harry mack holds down the law like the supreme court. [ laughter ] >> oh, man, thank you very much! my god. that is wild. rev, your reaction? >> i thought i was with words but i never seen anything like that. no idea what we were going to show and he, not only did he come with lyrics or words that we that he came to his brain he never broke rhythm. someone used to roll with james brown and michael jackson i know them all, he kept the same rhythm which means his minds work. you are unique. >> thank you very much, man. >> usually you can lose your rhythm and catch back up. throws off your words. he did not miss a beat. >> thank you, so much. that means a lot coming from

you, sincerely. it means a lot to have heard this. >> respect. >> you did not misa beat and you are clearly thinking of the future while in the present. can you enlighten us about what is happening inside your mind? anyone who just saw that, all live, one take. off, these words you never seen. what is happening? there? >> so a big part of it. you mentioned it. i am thinking ahead of where i am at. not too far ahead. because then i will get confused where i am currently. i am utilizing set up punch line. so, the way that works is like if i get a word like lighter, right, rather than just grab the word lighter and think of something that rhymes after the lighter. i got the lighter and i out here getting hyper. i use, i see lighter, i save it for later, i say something that rhymes with it first, harry mack, i am getting lose in the

cipher, every sound is lit like the lighter. you know i am on the beat, i wake you up like the coffee in your mug >> what do you think knowing so many artists and working with the issues what do you think about what hip hop is so important to a new generation coming up and such a point of unity. people do profiling they might say you do not look like a rapper. that is no different than you saying you don't look like a doctor, you don't look like a news anchor, what you are saying is something that needs to be improved upon. what do you think about this? >> tremendous testimony as how far we have come. because, there was a time, you know, james brown is like a father to me aside from going on the road with him sometime. and, james brown would tell me stories about how when he started black artists could not use dressing rooms in some of the venues, he had to get dressed in the tour bus. then going all of the way to where they were center stage in

vegas: for me, now, i am looking at him wishing james would have seen you get white kid that can do rap and freestyle like black kids the political ramifications is that we are closer together even in a divided time. i was sitting there ever wonder we preaching, you freestyle we can start a whole new thing >> that has to happen. that has to happen. >> you had the president at this year's conference, next one you have harry mack, yourself and the president. >> i am there. >> all we have to do is get the president. [ laughter ] >> are you okay being the opening act for a president? you would not be headliner >> that seems fair >> james brown says we have to close, we are the closer. [ laughter ] >> you said it, man, you said it. >> our good friend al sharpton and everyone knows and someone you need to know, harry mack. talented artist. >> thank you for sp