Skip to main content

tv   All In With Chris Hayes  MSNBC  June 26, 2024 12:00am-1:01am PDT

12:00 am
we will be in brooklyn and you can join us at msnbc live democracy 2024. a special live event. we will be talking about the most pressing issues of our time and a sitdown dinner. scan the qr code on your screen for tickets. it will be a good time. for now, we are going to sign off. i wish you a good night. from all our colleagues across nbc news and maybe coyotes behind me, thank you for staying up late. i will see you again tomorrow. tonight on all in. >> white supremacists --
12:01 am
>> stanback and standby. >> a presidential debate unlike any in american history. >> the question is -- >> radical left. >> will you shut up, man. >> substance, style, and stakes of this week's debate. >> he cannot stop you from being able to determine the outcome of the selection. >> the unbelievable event from 2020. >> a lot more going to die unless he gets smarter. >> don't ever use the word smart with me. >> the political ground shifting postconviction? >> there has been a trend since it may 30 guilty verdict in the new york case. the movement is among independents. the new pictures from the man who did everything right. >> i did everything right and
12:02 am
they indicted me. >> top secrets documents next to christmas tchotchkes and diet coke when all in starts right now. good evening from new york. i'm chris hayes. two days away from the first presidential debate of 2024. it's a strange one. coming very early even for the major party conventions. for the first time since ronald reagan was president, it's happening without any involvement from the nonprofit commission on presidential debates. they have been cast aside. the show is run by cnn and their host jake tapper. there will be no chick live audience. we will run the debate along with a bunch of people making open to everyone to stream. the race between the two men, as we sit here is neck and neck in virtually every poll.
12:03 am
like dead heat. it's an unprecedented high- stakes moment. all year long, one of the themes of the show is we think of this selection is to go back and remember what it was like four years. honestly, i think we have all blocked it out. 2020 is a blur for many reasons. stranger traumatic peers with covid deaths and lockdowns and protests. it was when donald trump was running as the actual incumbent president with an actual record and we would do well to remember that and remember that record. nowhere is it more true than when trump and joe biden get together that september for the first debate which is where we start tonight. it was one of the most bizarre, repellent, shocking exhibitions five donald trump by any politician ever. we didn't even know the half of it. the global death toll from covid had surpassed 1 million and the u.s. accounted for roughly 20% of its total covid deaths. 200,000 people. there were no vaccines.
12:04 am
there was no immunity. there were huge debates about schools and businesses reopening. restaurants and hotels and what isn't safe. donald trump took the lead on urging people to get back out there and boost the economy. the first debate was cohosted by one of the largest medical providers in the country under strict and painstakingly negotiated rules as the moderator, chris wallace, pointed out. >> this debate is being conducted under health and safety protocols december the cleveland clinic which is serving as the healths security adviser to the commission for all four debates. both campaigns have agreed the candidates will not shake hands at the beginning of the debate. >> a little time capsule. it turned out the bit about the safety protocols was not true. what we now know as donald trump had covid on stage at that debate. he tested positive and intentionally hit it from
12:05 am
the debate organizers. trump hit it from chris christie when the former new jersey governor helped him with debate prep all in the same room talking at each other for hours. chris christie ended with the case of covid that landed him in the icu for a week and left him literally fighting for his life. again, think we have all forgotten this. no one remembers when trump had covid. it was the most perfect possible example of trump's complete recklessness when it came to the virus which he didn't even know at the time. shedding virus everywhere and endangering everyone who came in contact with him including the man he's running against when there was no vaccine to fight the deadly pandemic which was causing the largest surge and basically a century. in the middle of that, trump's message was i did great. >> we got the gowns, we got the masks, you made the ventilators. you wouldn't have made
12:06 am
ventilators and now were weeks away from vaccines. fewer people are dying when they get sick. are fewer people are dying. we've done a great job. the only thing i haven't done a great job on this because of fake news. no matter what you say, it's fake news. >> i cannot stress this enough. at that very moment, trump was spreading the virus. he's claiming to have conquered, having kept that knowledge from everyone else, he knows he is positive. joe biden was pressing the issue. >> you folks at home, how many have gotten up this morning and had an empty chair at the kitchen table because someone died of covid? how many of you are in a situation where you lost your mom and dad and you couldn't speak to them. a nurse holding the phone up so you could say good-bye. how many people? by the way, his own cdc director says we could lose as many as another 200,000 people
12:07 am
between now and the end of the year. if we just wear a mask we can save have those numbers. >> biden was right in a general sense about the importance of masks at that moment. it's worth remembering at that debate trump's entourage took their masks off after they got in the room after being as to where the men refused to put them back on a pinoy doctor from the cleveland clinic that requested they be used. how many of his own people did he infect? there was no vaccine yet even though trump was claiming credit for a vaccine that had not yet been developed. >> well, we will deliver it right away. we have the military set up. logistically there set up. the military deliver soldiers and they could do 200,000 a day. >> this is the same man -- easter this will be gone away. by the warm weather it will be gone, miraculous.
12:08 am
like a miracle. maybe if you could inject bleach in your arm, that would take care of it. this is the same man. here is the deal, this man is talking about a vaccine. every serious company is talking about maybe having a vaccine done by the end of the year, but the distribution of the vaccine will not occur until sometime beginning of the middle of next year to get it out. if we get the vaccine, and pray gut we will. >> i want to pick up -- i want to pick up -- >> on that biden was right. the first vaccines got approval for the end of the year and not broad use until after trump left office. by then another 200,000 americans at out of the virus as biden said would happen. as for the bleach, tell me if you think blunt -- trump is being sarcastic. >> supposing we hit the body with a tremendous whether ultraviolet or very powerful light and i think you said -- you're going to test it?
12:09 am
said supposing you brought the light inside the body either through the skin or in some other way and i think you said you were going to test that too? sounds interesting. the disinfectant knocks it out in a minute? is there a way we can do something like that? by injection inside our almost a cleaning. it gets in the lungs and does a tremendous -- interesting to check that. >> a cleaning of the lungs and get those uv light in those orifices. sarcastic? horrified reaction from debra burks didn't think it was sarcastic and those were ernest even suggestions. as much as the coronavirus dominated a lot, it was not the only contentious issue. that debate was being held, and i had forgotten this after
12:10 am
being reminded today, 11 days after supreme court justice ruth bader ginsburg had died and three days after trump had announced his nomination of amy coney barrett to fill the vacancy on the core. everyone knew they would rush ahead but around the court despite the fact they did the opposite, mitch mcconnell in 2016 -- and at the time, been worn that her confirmation would put roe v. wade at risk. >> the president also was opposed to roe v. wade. that's on the ballot as well in the court. that is also at stake right now. the election is all -- >> you don't know what's on the ballot. why is it on the ballot? >> it's on the ballot in the court. >> there's nothing happening there. you don't know her view on roe v. wade. >> [ laughter ] you don't know her view. that was conservative slope that when. you don't know her view on roe v. wade.
12:11 am
everyone knew her view of roe v. wade. of course. she was in the conservative majority to end roe v. wade. something four years later trump is happy to get credit for. >> for 54 years they were trying to get roe v. wade terminated and i did it. i'm proud to have done it. they want to get it back. there would be no question. >> we celebrate that. >> he could've told the truth. perhaps he feared he would interfere with her confirmation chances. as you have seen in these clips, how can i put this, less than presidential. >> gentlemen, i hate to raise my voice -- why should i be different than the two of you? >> good point. >> we have ended that segment. were going to go to the next segment, and in that segment you will have two on interrupted moments. and those two uninterrupted minutes, mr. president, you can say what you want.
12:12 am
i will ask about race but if you want answer for something else, go ahead. the country would be better served if we allowed both people to speak with fewer interruptions. i am appealing to you, sir, to do that. >> and him to. >> frankly, you've been doing the interrupting. >> that's a big thing. that was the worst part of the data >> cert -- you are debating him and not me. >> i brought back football. i brought back big ten football. it was me -- i'm happy to do it. people of ohio are proud of me. >> i am the moderator and i would like you to let me ask my question and you can answer. >> i want to make sure -- i want to make sure -- >> mr. president, can you let him finish? >> he doesn't know how to do that. >> will you shut up, man.
12:13 am
>> who is on your list? >> gentlemen, -- we have ended the segment and we will move on to the second segment. >> that was really productive, was enough? keep yapping man. >> the people understand. >> joe biden breaking with centers of the court to tell of the president of the united states, will you shut up, man? fully deserved. trump brought the same sophomoric energy to most important part of his first debate in 2020, again, i had blocked this out. i knew this had happened but i forgot. last part of the debate, questioned about whether the election would be free, fair, and acceptable to candidates? already trump was sowing the seeds of the big lie in the associated conspiracy theories if he lost. >> if you look at pennsylvania, certain states, that have been shut down, they have democrat
12:14 am
governors all. one of the reasons a shutdown is because they want to keep it shut down until after the election. >> i want to go into another -- >> look at west virginia. mailmen selling the ballots. there being dumped in rivers. this is a horrible thing. >> there is no evidence of that. >> will you urge your supporters to stay calm during this extended period not to engage in any civil unrest and will you pledge tonight that you will not declare victory until the election has been independently certified? president trump, you go first. >> i am urging my supporters to go into the polls and watch carefully. that's what has to have a. i am urging them to do it. today there was a big problem. in philadelphia, they went into watch, there called poll watchers. a nice thing. they were not allowed to watch.
12:15 am
you know why? because bad things happen in philadelphia. i am urging my people -- i hope it will be a fair election. if it's a fair election, i am 100% on board. if i see 10's of thousands of ballots being manipulated, can go along with that and i'll tell you why. it means you have a fraudulent election. 80 million ballots they're not equipped -- these people aren't equipped to handle a. number 2, they cheat. they cheat. they found ballots in a wastepaper basket three days ago and they all had the name military ballots, they were military, they had the name trump on them. >> yeah, remember when trump said this will not end well? ominous sign of what was to come. here is how joe biden answer the same questions. >> this is all about trying to dissuade people from voting because he is trying to scare people to think that's not going to be legitimate.
12:16 am
show up and vote. you will determine the outcome of this election. vote, vote, vote. if you can vote early, vote early. if you're able to vote in person, vote in person. whatever is the best way for you because he cannot stop you from being able to determine the outcome of this election and in terms of whether or not the votes are counted, and they are all counted, that will be accepted. if i win, that will be accepted but if i lose it will be accepted. if he says he's not sure what he will accept? it doesn't matter because if we get the votes, it will be all over. he will go. he can't stay in power, it won't happen. so vote. >> you know how that played out. january 6 with the capitol insertion is thousands of trump supporters led by military groups like the proud boys, many who have been convicted.
12:17 am
sedition. nearly tried to kill trump's own vice president to stop the certification of the election. bashing in the brains of cops leaving the bloody. breaking windows. it's worth playing this portion, the one you probably do remember. >> you have repeatedly criticized the vice president are not specifically calling out antifa and other left-wing extremist groups. are you willing tonight to condemn white supremacists and militia groups and to say that they need to stand down and not add to the violence in a number the cities as we saw in kenosha and in portland? are you prepared to do that? >> i would say almost everything i see is from the left wing and not the right wing. >> what are you saying -- >> i want to see peace. >> then say it. >> what do you want to call them? >> white supremacist. proud boys.
12:18 am
>> stand voice, stand back and stand by. i will tell you what. somebody has got to do something about antifa and the left. it's not a right wing problem. >> the fbi director said -- white supremacists and antifa is an idea and not an organization. his fbi director said that. >> stand back and stand by. all the warnings were there. it was all there on display in the first debate between trump and joe biden. it was clear as day. as it has been, honestly, from the time he came down the escalator. who donald trump was and what he was about and what he would do about an election he lost. he is the same man today going to a new election and no debate
12:19 am
although actually, we should be clear, not entirely the same. since then, he's four years older and found liable for massive corporate fraud are responsible for sexually assaulting a woman and defaming her. convicted of 34 felony counts for falsifying business records and being of women he had sex with before the election. he has criminal trial is pending. he is even more consumed by revenge and conspiracy. he is more of -- addled, plainly then even more than 2020. even though the steak so that felt existential and they were, here we are again. the stakes are somehow even higher. n higher.
12:20 am
12:21 am
12:22 am
12:23 am
- [narrator] life with ear ringing sounded like a constant train whistle i couldn't escape. then i started taking lipo flavonoid. with 60 years of clinical experience, it's the number one doctor recommended brand for ear ringing. and now i'm finally free. take back control with lipo flavonoid.
12:24 am
for all the anxiety around the biden/trump rematch, it's a race that could go in either direction. the top of the ticket, up and down the line. from whether democrats managed to hold the senate majority, take back the house, win the presidency. actually have a trifecta which is a possibility or lose all three which is an possibility. right now the polling is as you see, absolutely neck and neck. reflecting a bunch of things including how polarized we are as a country. the debate will be the first main event of the campaign season not just in this race for all democrats, all races across the country. jaime harrison serves as a tree of the national democratic
12:25 am
committee and he joins me now. how important is this do you think, not just for the joe biden kamala harris campaign but for the democratic party as a whole? >> listen, i think it's even bigger than the democratic party but the nation. our fundamental freedoms on the ballot this november. you did a great job of taking us back down memory lane. i want to go back a few years before that, 2016. remember when donald trump said, you should vote for me. what do you have to lose? we now know the answer to that. one third of women in this country do not have reproductive freedom. they do not have the rights to control their own health care decisions. we know what donald trump wants to continue to do. this is a guy who wants to be a dictator on day one. what other president have we heard those words uttered out of their mouths? and we've had some bad presidents.
12:26 am
this guy is the absolute worst. he has said he wants to go after medicare and social security. he wants to go after the affordable care act. we know he is gone after voter protection and voter protection rights and voter protection in the country. we know he wants to eliminate, and project 2025, they want to eliminate the department of education. if you have kids with special needs, you to be worried about this man wants to get back in the white house. he doesn't want to get back in the white house to help people. we know that's what joe biden does every day. he thinks how to make the country better for all of america's people. donald trump wants payback and retribution. he wants to go back for revenge. it's all about him and not the american people. this is much bigger than democrat versus republican. this is about america. the america we love and cherish and whether or not that america continues after this election in november.
12:27 am
>> the first answer is interesting because it speaks to something i have heard from democrats and nancy pelosi would do this all the time during trump's first term which is trying to keep the focus on the tangible policy questions. should the department of education be abolished? should the affordable care act be repealed? should we raise the retirement age is social security that that of project 2025 recently went on camera said we should. one of the challenges here is keeping the terrain on these concrete tangible questions of governing, whichever side you are on, because trump doesn't really engage at that level. how do you think about that? how do you think what role the president biden has and how he maintains a kind of substantive debate in the atmosphere of a man who will not be that different than what we saw on the clips we just played? >> you know, thing president biden in this debate has to cut
12:28 am
through the trump bluster and really speak directly to the american people. the person that you choose for president, how will they impact your life for the next four years? how will they impact the lives of the people you care about? your children, your parents, your grandparents and those in your community. that has to be the focus. we have to make it personal and speak to the hearts and not just the minds, because we can have the policy discussion on the brain level, and the policy discussion level. how does it impact? how does it impact the quality of the life that you live? if president biden has that conversation, we will win this out right. that contrast is the most important. we have to remind people, all the accomplishments that joe biden has done and let people know how he wants to finish the job, but he has to paint the contrast with this loser, convicted felon donald trump.
12:29 am
a man who has been given every opportunity and failed at everyone. he was a horrible businessman and he got bankrupt three times. he tried to sell water, vodka, and universities. he was a horrible president. you laid out how horrible he was , dealing with covid . how horrible in terms of january 6. how horrible about ripping away the rights of women to control their own bodies. he has been a horrible post president. he has been convicted 34 times and still has lawsuits criminal suits that are still pending. that is not who we want our kids to look up to as president of the united states. that is why i will do everything in my power to make sure we are getting out there, on the ground, i have been from alaska to north carolina, and we will go across the country to let folks know that if they believe in freedom, the only choice is joe biden and kamala harris. >> jaime harrison, thank you so much for your time. >> thank you.
12:30 am
coming up, corridors, mar-a- lago edition. stolen documents mixed with a whole lot of junk. shingles doesn't care. shingles is a painful, blistering rash that can last for weeks. ahhh, there's nothing like a day out with friends. that's nice, but shingles doesn't care! 99% of adults 50 years or older already have the virus that causes shingles inside them, and it can reactivate at any time. a perfect day for a family outing! guess what? shingles doesn't care. but shingrix protects. only shingrix is proven over 90% effective. shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after getting shingrix. fainting can also happen. the most common side effects are pain, redness, and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach.
12:31 am
shingles doesn't care. but shingrix protects. ask your doctor or pharmacist about shingrix today.
12:32 am
12:33 am
12:34 am
joe biden in donald trump with men who have been president. one who is now in one who was going up to their first debate if the election with polling in a dead heat. for trump there was a question
12:35 am
about whether his conviction of 34 felony counts would change things and there was not some enormous swing, but i think it's pretty clear it has had an effect on the margin which even carl rove said over the weekend. >> there's been a trend since a may 30 guilty verdict in the new york case. the movement is among independents and they moved in recent polls roughly nine points toward finding and that's where it's coming from. >> mckay coppins and staff for the atlantic, author the mitt romney biography and they join me now. michelle, i will start with you. is are going to be movement? i think in total now that we have a lot of data, it's clear there has been some movement toward biden since a conviction, and it's very little, but again, the election will be decided dashes >> nine point swing among independents is pretty significant. this is what voters told
12:36 am
pollsters in the run-up to the conviction. they kept saying, will it change your opinion of donald trump of convicted? will it change your vote if he becomes a felon and a pretty significant number said it would. it was sort of hard to believe, especially if you marinate them politics, everyone's views are so static. it's a little astonishing that would give you information about trump you didn't feel you had previously. for people who were more checked out and not following the trial, think a lot of them either were surprised or else there's a certain segment of voters, the same voters upset when the case against hillary clinton was reopened shortly before the election and said we can't have somebody under investigation it would be too chaotic. >> there is the question of like, do these independent swing voters exist, and they do. they are just a small number. it's hard to model what they would be looking for in this debate, but i wonder what your
12:37 am
sense is? >> watching those extended clips from the first trump biden debate you played, first of all, it was miserable to watch. >> generally upsetting. >> the headache returned. i do think viewers should be prepared for that. it's going to be an unpleasant thing, and it doesn't mean we should not watch. >> great tease. >> i think what biden is probably hoping for is to get the trump again. there's been a lot of reporting and discussion about which trump will show up at the debate ? will he be restrained or will he be the one who's ranting about rigged election conspiracy theories. angrily interrupting and wounded and wrathful. i have to say, i know there have been situations in which trump has been subdued and restrained.
12:38 am
i cannot recall a single debate in which he has been able to do that. i think it's going to be fairly easy for biden to elicit that trump. as far as what independents will be looking for, i think we saw in 2020 that they don't like that version of donald trump. the real donald trump. to the extent that trump is trying to relitigate the 2020 election, a complete loser of an issue to the extent he is relitigating his various grievances and acting like a general kind of jerk. i think that will hurt him with those voters. i think any of us who will try to sit here and pretend to say, i know what biden needs to do to win back independents are probably fooling themselves. >> there's one thing you identified there that i think is important a part of the reason why we play those extended bits. i think the way trump has been refracted from memory is as
12:39 am
often as addled and buffoonish but as a kind of comedic figure, even the shark battery is, look at this doofus. i think part of his personality use on those debates a lot was nasty, wrathful asthma cages said. petulant, frightening. that i think is really important -- will see if that park comes back, but that's an important part of his personality that i don't think people have seen as much. >> donald trump has benefited from the fact dashes we talked of this before, he's not like the way he used to be. i don't think many people are carrying his rallies live. we are not seeing him call on supporters to be to protesters. we are not seeing him making fun of disabled people. he is in his little bubble on social media with troost social. some other crazy things he says
12:40 am
are only going out to this very devoted base. people forget and they remember that as harrowing as the end of the trump presidency was, it sort of kind of turned out okay. the fear people fell, the real fear this could go off the rails is hard to summon again until you watch those clips. >> i do think the thing, if i were the biden campaign that worries me the most, mckay, is when -- it's inconsistently applied but there are times when trump and the people around him have the nose for the middle. i remember one was a swearing in ceremony of new citizens at the white house at the rnc which they held in the white house which was crazy. that's good. that smart. going against type. doing things like that. i am curious how much of that we see in this debate.
12:41 am
that is where i think he is at his strongest politically. it means nothing. substantively, but symbolically for a show, that's what i will be looking for as well. >> i think you are dead on. you remember the way he won the republican primaries in 2016 was by running against paul ryan and these unpopular elements of republican orthodoxy, the iraq war, he gleefully shredded. it was part of the thing that made him different and stand out from the crowd. there were a lot of things in the primary field, but i think that looking back on it, it was one of the things that propelled him to victory in 2016 . he had this uncanny ability to be both absurd and outrageous and angry and mean, but then also in his policies
12:42 am
and in certain kinds of gestures he was able to convince people that he was actually not as extreme as certain elements of his party. for people who are not paying close attention, those small gestures and those policy proposals, even if to your point they don't mean anything once he takes office, they mean a lot in the moment. >> that's one of the things to look for. michelle goldberg and mckay coppins, thank you. we have new court filings that show how messy i guess is the word, donald trump was with the classified documents he stole? government secrets next to a diet coke? first, a very special announcement for all you msnbc fans at home, and i think there are quite a few . you won't want to miss this one. stick around. stick around.
12:43 am
12:44 am
12:45 am
12:46 am
i still love to surf, snowboard, and, of course, skate. so, i take qunol magnesium to support my muscle and bone health. qunol's extra strength, high absorption magnesium helps me get the full benefits of magnesium. qunol, the brand i trust. sleep more deeply and wake up rejuvenated. purple mattresses exclusive gel flex grid draws away heat, relieves pressure and instantly adapts. sleep better. live purple. right now save up to $800 off mattress sets at purple. visit purple.com or a store near you today.
12:47 am
for the better part of a decade, we've been doing live events at all in with chris hayes. we've done multiple live tubers of my podcast, why is this happening, including one last year. we've done events highlighting important stories and issues across the country. we've taken the show all in on the show before before a live audience which was really fun. you can watch the show in real time. i love doing these live shows because i get the opportunity to meet the great folks who watch the show or listen to the podcast and to hear from you, what's on your mind.
12:48 am
the state of the country. we have exciting news to announce. saturday, september 7, we will hold our premier in an event msnbc live democracy 2024 in brooklyn, new york. a first of its kind interactive experience, live discussion sessions and other events featuring all your favorite msnbc personalities. i'll be there along with rachel maddow, steve kornacki, alex wagner and many others. i am planning on bringing a very special guest as well. i will reveal it at some point. there will be a sitdown dinner with msnbc hosts . scan the qr code on yours screen. screen. we make a change, my site's not going to go down. and just knowing that i have a platform that we can rely on, that is gold to us. start your free trial today.
12:49 am
12:50 am
12:51 am
what is cirkul? cirkul is the fuel you need to take flight. cirkul is the energy that gets you to the next level. cirkul is what you hope for when life tosses lemons your way. cirkul, available at walmart and drinkcirkul.com. introducing new advil targeted relief. the only topical pain reliever with 4 powerful pain-fighting ingredients that start working on contact to target tough pain at the source. for up to 8 hours of powerful relief. new advil targeted relief. - [narrator] life with ear ringing sounded like a constant train whistle i couldn't escape. then i started taking lipo flavonoid. with 60 years of clinical experience, it's the number one doctor recommended brand for ear ringing. and now i'm finally free. take back control with lipo flavonoid. dave's company just scored the comcast business 5-year price lock guarantee. high five! high five... -i'm on a call.
12:52 am
it's 5 years of reliable, gig speed internet... five years of advanced security... five years of a great rate that won't change. yep, dave's feeling it. yes. but it's only for a limited time. five years? -five years. introducing the comcast business 5-year price lock guarantee. powering 5 years of savings. powering possibilities.
12:53 am
we have no pictures from mar-a-lago the really capture the shared disorder are the place where donald trump stashed classified documents in 2021. boxes mingled in with mementos and a bunch of golf shirts and printer photo paper. i think those are golf shirts? like a college student cleaning out their dorm room, there was this box of classified material next week 2019 "new york times" sunday business section.
12:54 am
there were other records like this unsigned letter to a sandy hook family found in a closet. sitting next to the case of.coax surrounded by trump vanity picture. there were dozens of boxes, many labeled, as you can see, mixed in with old clothes. both pictures taken by codefendant walt nauta shows classified materials that spilled over the floor. the reason we are seeing these pictures is because they're part of a filing from special counsel jack smith team responding to an attempt by trump's lawyers to throw the case out based on how investigators handled the documents. the smith team pointed out that it chose to keep documents containing some of the nation my scheme mostly highly guarded secrets and of various sizes and shapes from his presidency. newspapers, christmas ornaments, magazines, photographs of himself and others to anyone other than trump the boxes had no apparent
12:55 am
organization whatsoever. a former federal prosecutor for new york where she served as deputy chief. she joins me now. there is the absurdity of the conditions under which all of this was stored and were getting more evidence of the too. i thought it even more absurd the filing from trump's lawyers, the seriousness with which i len cannon appears to be taking it and jack smith's motion. what are trump's lawyers arguing? >> that is the problem. their argument has evolved. initially, 80 classified everything. i told my lawyers. i told my officials, i declassified it. then it was i selected certain items -- >> like the priest with communion. seriously. a transformation of the substance. >> that was the first argument then i personally selected these and because i brought them to my residence, they became personal.
12:56 am
than the fbi planted them. i didn't know anything about them. and now it's this i need to know the order of the boxes because maybe some are buried and i did not see them. maybe because it's next to this letter from sandy hook, i would know the date. it was old and maybe they were forgotten. they are all over the place. >> aren't they saying we want you to throw this evidence out because it was not like orderly enough in the way it was taken? >> yes, which is not really a thing. it would have been impossible as you transport boxes to make sure you keep the christmas ornament in the exact spot with the golf shirt and classified documents. >> there is no standard for the. i don't understand what the legal argument is. >> you know everything, all the contents of the box. you don't know the precise order which there is no case law that says you have to. they were basically kept
12:57 am
together and that is relevant. for the prosecutors and the defense. it shows how recklessly he maintained these materials. the fact they are strewn in with all these personal items shows that he was not taking the care that needed to be taken with classified material. >> aileen cannon has been running her supreme court in florida situation. days of oral arguments and today was another day. it could be done in motions practice. it seems you don't need days of oral arguments on this. again, sort of dressing down the jack smith, prosecutor. i don't appreciate bortone. all of this being basically still kept up in the air with no decisions on it. nothing can be done with it. what is your sense of back? >> at the end of the hearing today was a first time i think -- very unremarkable hearing on
12:58 am
a basic issue that could've been decided on the papers. one of jack smith's prosecutors said something remarkable. he called out this charade and he said the defense strategy here is to cast dispersions on the government. on law enforcement. that is what we are doing here. there here to air their grievances publicly and the prosecutor said that is not fair and she said thank you and concluded the hearing. she did not want to hear it. she shut it down. that is what's going on and it's political theater. it's not anything you would expect to happen in a case. >> in some cases with let's say immunity, in the community motion, there is a novel constitutional issue. stuff gets taken -- classified document cases and search warrants executed. i don't actually understand how this motion makes any sense legally. is this pro forma?
12:59 am
do defendants do this all the time? >> all the time. anytime there's a search warrant you can bet the defense attorney, he will file a motion saying there was something wrong with a search warrant and, therefore, the agents acted improperly. it was too broad and they should get the evidence that would ceased should get thrown out. here or there was no there there. they said it's too broad and can then rightly said it's seeking classified materials. then they said, they went to too many different rooms. cannon said that they didn't get anything so what you're prejudice? that's a crazy argument for the defense to make considered they were found in a ballroom, bathroom. >> why are you going to crazy places -- my favorite are the boxes -- do we have the bathroom shot?
1:00 am
the tension rod, shower curtain, $1.99? >> it is absurd. for them to raise these arguments, on the papers, there is no facts. what defense is saying, we want to bring in the agents. how can we say it's a gracious unless we talk to them. it feels the narrative which is fbi bad. fbi out to kill donald trump. >> this is become the fbi setting up donald trump and it's the sole right wing conspiracy theory. there's the bathroom one. that such a beautiful shot. such a great room. boxes outside. kristy greenberg, they want to get the fbi folks but it is all more delay. kristy greenberg, thank you. that is all in. alex wagner tonight starts right now. right now. now with alex wagner we missed you. >> it's good to be back.