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tv   Alex Wagner Tonight  MSNBC  August 23, 2023 1:00am-2:01am PDT

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i'm awash in legal findings, we're going to get to all of them in this hour. i hope that you, like, i are going to take a break after your hour of television. >> i'm i'm going to but i'll seu tomorrow. >> you sure will. thanks to you at home for joining us this hour. we have some breaking news this evening. while much of the focus today has been on fulton county where donald trump will surrender in less than 48 hours, there are some big developments coming out of the federal indictment down in florida in the classified documents case involving the former president. we are learningthality one of the key witnesses in that case flipped after ditching his trump affiliated lawyer. now, the witness is known formally in court documents as employee number 4. nbc news has identified this person as yucil taveras, the i.t. director at mar-a-lago and
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a very central player in the alleged crime of involving classified documents and obstruction of evidence related to that crime particularly security camera footage. according to special counsel when trump employee number 4 testified to the grand jury in the district of columbia he repeatedly denied recalling any contacts of security footage at mar-a-lago. he said he knew nothing about any security camera footage. he had the same lawyer as trump's valet and codefendant in this case, walt nauta. and that lawyer, stanley woodward, was being paid by a trump pac. according to the special counsel it appears that mr. taveras did not goat to choose stanley woodward at his lawyer. stanley woodward was apparently appointed to him by one of the lawyers on trump's legal team,
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which is wow. but after federal prosecutors told mr. taveras he was facing possible criminal charges for lying to the grand jury about that security camera footage and after prosecutors raised the possibility that having the same trump funded lawyer representing defendants and witnesses was a potential conflict of interest, well, the judge offered mr. taveras a chance to talk to a different lawyer about those conflicts, a federal public defender, not a lawyer paid for by donald trump or his pac. and guess what happened? according to this new court filing from the special counsel this evening, immediately after receiving new counsel, trump employee 4 retracted his prior false testimony and provided information that implicated nauta, de oliveira, and trump in efforts to delete security camera footage. that is what led to the surprise superseding indictment against
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donald trump and his codefendants down at mar-a-lago, which was filed by the special counsel late last month. it is because a witness flipped the minute he was clear of his trump lawyer and gave new evidence that resulted in new charges including attempting to alter, destroy, mutilate, or conceal evidence. now, you would not be at fault if all of this is giving you a serious case of deja vu because time and time again evidence and testimony has shown donald trump's propensity for using his team of lawyers to attempt to shall we say control the narrative. you might recall cassidy hutchinson, a former top aide to former white house chief of staff mark meadows who testified before the house select committee investigating the january 6th attack on the u.s. capitol. hutchinson told the committee that her lawyer, a former white house ethics lawyer with deep
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connections to trump world, that her lawyer sought to influence ms. hutchinson's testimony and urged her to down-play what she knew about the lead-up to the capitol riot. ms. hutchinson said mr. pasatinob never told her explicitly to law but told her to use the phrase i did not recall and told her to tell investigators she did not recall important events surrounding the capitol attack. like so many trump associates, she was forced to face the question. when donald trump is paying your legal fees, who is your lawyer really representing? joining me now is danya perry, a former assistant u.s. attorney for the southern district of new york, and andrew wiseman, former member of robert mueller's.
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i found this to be a shocking sort of revelation here and i don't know whether i'm -- i should put my eyes back in my head here, but the suggestion that a trump affiliated lawyer did not recuse himself or get off this case for, "a," conflict of interest here. but, "b," the minute yucil taveras no longer has his trump lawyer, he flips. how do you read this, andrew? >> i think the reference to cassidy hutchinson is such a good one because i think it eicates people here to what's happening in this case. this happens in the special counsel mueller investigation. it happened in enron. it happened in organized crime cases. this is a standard problem when you are a praugs kurt of house counsel. and the problem to buy influence. just to be clear, there are some lawyers who can be paid by a company and they do their job.
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they represent the individual, and that's what they're supposed to do. but i'll give you one quick exemp. in enron, there was a junior person, that company paid for the counsel and that person turned and said to the person representing mareal linch and said it's been an honor representing you. they get a lawyer and the lawyer is giving them advice and say this is what you need to do the company is paying for it and we're taking care of you. they don't have a reason to be thinking this is a problem and the issue and they have the company saying this is standard procedure. it takes somebody with sort of cassidy hutchinson's moral
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integrity, here the chief judge in d.c. interceded to say you should at least speak to independent counsel before you make a decision that you want to -- >> that's a critical step. >> absolutely. by the way, that happens in mob cases a lot. and of course what happens is as soon as somebody gets independent counsel and advises them, the person is like ah-hah, okay, now i get it. this person may not have my best interest at heart. that's more often than not especially when the government is saying there's potential conflict, responsible counsel is saying i'm out, get somebody else. >> the key phrase is responsible counsel here. stanley woodward is still defending walt nauta, and there's the possibility now that one of his former clients, yucil taveras, will be testifying against one of his current clients, walt nauta because they're taking opposite
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approaches with regards to this case. one is cooperating with the fed, one is not. how does that work that stanley woodward can't be conflicted out of this? >> as well as let's not forget two other witnesses were at issue in this very same case and that were the subjects of the government motion for this what's known as a garcia hearing, different words for the same thing, which is a hearing in front of the judge where she will decide first of all will appoint independent counsel, and the witnesses and defendants can decide, but she ultimately may have to make a decision as to whether there's a fatal conflict. so mr. woodward in this case actually agreed as he had to that there should be such a hearing. what he then did is went on offense and said actually the remedy here because it's for the judge to decide what the appropriate remedy is, and she has a host of possible remedies
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at her disposal. what he said, mr. woodward is, don't get me off this case, don't get conflict counsel off this case, preclude the testimony of -- >> of yucil taveras. yucil taveras is the central witness in the superseding indictment, andrew. >> on the obstruction. >> on the obstruction piece. that is a huge deal effectively that if trump paid for a lawyer, i've got to keep saying that, someone affiliated with trump world is saying don't take me off this case even though my conflicts of interests are so plainly obvious, get rid of the guy that's causing the conflict of interest. >> just to be clear to danya's point, that's not the law. this is one where obviously judge cannon has made a lot of wrong decisions but this is un where if she were to rule the testimony has been precluded, she would be reversed. >> not a case. >> this is absolutely black letter law, no way that gets
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suppressed because he has a conflict. there's actually different ways assuming she thinks he can stay on the case, wn way to deal with this is mr. woodward cannot cross examine either a current or former client. you have a continuing duty of loyalty. one way to deal with that is to say local counsel will have to do that. >> but you effectively have to wall off that local -- how does that work? how do you wall off my cocounsel and i'm certainly not going to be telling the guy who's paying the bills what may be going on here. >> so the rubix system has not solved that rubix cube of what do you do there. the assumption is you cannot use what you learned from a current or former client so the other counsel is walled off and has to
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do the cross-examination. there's no way to police that. >> how is this not witness tampering, danya? on its face for the layman, donald trump's pac is paying for these specific codefendants legal fees, right? these lawyers are apparently encouraging their clients to take positions that are most beneficial to donald trump. is it not witness tampering because these codefendants are willingly entering these agreements with counsel? how is this -- how is this allowed? >> well, as andrew said, we're both aware of and there are no doubt countless examples where one lawyer can ethically and responsibly represent two clients. usually when they're not at such cross-purposes. that just becomes difficult. and a lot of lawyers would recuse themselves in that event so as not to pit one client against another or risk the betrayal of confidences.
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but the law allows for that. the law also allows for, you know, the top dog, the employer, whatever it is the mafia boss, to pay for counsel for his employees or his lieutenants. that is all allowed. the law presumes the ethical conduct of lawyers who are officers of the court. >> that's the mistake. presuming ethical conduct -- i'm not going to besmirch all lawyers everywhere. as someone who has seen lower level defendants flip, if i'm carlos de oliveira or even walt nauta in this case and i see my buddy yucil taveras who was allegedly in the room with me doing all this, flip after he gets independent counsel, is that not a catalytic event to get those other defendants to flip? >> i'll give you another example. in mob cases, this is what
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happened to the underboss of the gambino family when he's thinking you know what i know my counsel is really aligned in interest with john gadi, the boss, so she got word to go to the judge and say i need to talk to an independent counsel and i don't trust if i go to my own counsel that it's going -- that i'm going to get the right advice. in that situation it could be that if i say it, i'll get killed. that's the reason here why you see the chief got involved because this is one where the special counsel lacks so ethical and proper. they alerted the defense counsel. they alerted the judge overseeing the grand jury. they actually alerted judge cannon in florida so she would be aware what happened in d.c. so they made sure everyone knew what was going on, and the judge did the right thing to say you know what before you make a
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decision as to what is in your interest, i want to see that you talked to somebody who is conflict-free, and they went to the federal defenders, and in our experience are really wonderful lawyers. a lot of people think just because they're free, they're not good. they tend to be really excellent counsel, and that's what you saw happen. and what you're putting your finger on and what is unfortunate is this is so common in any case where there is a crime that's committed by a group and there's a real hierarchy, and it's a real problem in the law. it's in mob cases, in corporate cases. it's in public corruption cases. >> i would assume, danya, the hierarchy matters here because trump is not paying for his lawyers legal fees in other federal indictments presumably because they're on their own for whatever reason, but it's precisely the people with no background in the law, the i.t. guy, the grounds guy, the valet
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who he clearly seem tuesday be trying to manipulate in terms of taking an adver serial position. at some point do the scales fall from their eyes? what your assessment how damging this flip is to the other codefendants in this case? >> as your questions seems to imply, there can be a domino effect, and a defendant could well see, well, this guy has flipped and he is actually not indicted next to me in this charging instrument, so maybe that was a good decision to get independent counsel. and oh, no, i see that this judge will appoint a federal defender. that can be advantageous for the one left behind. >> also the federal public defenders are free. danya perry, thank you so much for joining me as always.
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andrew wiseman, we can never let you go after just one discussion. there's so much more to come tonight including the back and forth over timing of the other federal case against donald trump. there is a big decision on that coming up. plus a lawyer who was once in the center of the campaign to keep trump in power is now feuding with trump world and what that might mean for trump himself is coming up next. himse. attention... are you suffering from hearing loss? the fda has finally approved hearing aids to be sold over the counter.
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will donald trump wear a maga hit to the fulton county jail on thursday? will he be handcuffed? how much will he weigh? those are all questions online gamblers are apparently placing bets on ahead of former president trump's voluntary surrender at the fulton county jail this thursday. you can even bet which catchphrases he'll post on truth social after his arraignment. it's not an exaggeration to say there's a lot of anticipation around his arrest in georgia. which makes sense. a former president being booked in a county jail is not something that's ever happened here. he might even get a mug shot this time. which considering his campaign is already selling fake mug shot t-shirts, trump will probably spend a lot of time talking about. he's campaigning on all of this. earlier this month trump claimed he just needed one more indictment, this indictment to
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win the 2024 election. and tonight the guardian is reporting that trump had his lawyers negotiate his booking at the fulton county jail to take place during prime time cable news hours, which would maximize the ratings for his arrest. so, yes, trump seems to be weirdly enjoying all of this. but he's not the only defendant here. he has 18 codefendants in this case, and so far they do not seem to be enjoying this. in fact, it looks like they are trying to resist every bit of it. just today former trump chief of staff mark meadows asked a federal judge to either immediately grant his request to move the georgia election case to federal court so he could avoid being arrested this week or to require fulton county d.a. fani willis to extend his deadline to surrender. sort of an extension like a term paper. now, d.a. willis has until tomorrow afternoon to reply to mr. meadows' request in a formal
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court filing, but she already told meadows' legal team exactly how she felt this morning in an e-mail. quote, i'm not granting any extensions. your client is no different than any other criminal defendant in this jurisdiction. at 12:30 p.m. on friday i shall file warrants in the system. d.a. willis means a warrant for mark meadows arrest if that was not clear. now, mark meadows is not the only one trying to get out of all this. both david shafer, one of the georgia fake electors. and jeffrey clark, trump's former doj lawyer. both of them are also trying to get this case moved to federal court. part of clark's reasonening for moving the case to federal court and avoiding an arrest in atlanta was that clark should not be required to book a flight to georgia under such extreme time pressure. now, it took us about 15 seconds to find a flight from d.c. which is where jeffrey lives to the
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city of atlanta. he could fly american airlines tomorrow for $260. for jeffrey clark, a former partner at a major law firm, that does not seem like a great excuse to skirt arrests, but these days who knows what mr. clark's finances are like. mr. meadows lawyers put it more bluntly writing prompt action is needed to spare mr. meadows the burden and cost of defending himself in state court. what is becoming increasingly clear here is that the legal bills in this case could be staggering, and it is unclear for whom mr. trump is willing to open up his piggy bank. today we saw the first of trump's 18 codefendants in this case turn themselves in for booking at the fulton county jail. one of them is former trump attorney john eastman. nbc's ali vitally was on the scene and nailed down the question i would like to have answered by every trump
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codefendant. >> reporter: who's paying your legal fees? >> i am. >> it is clear that trump and his codefendants are all in need of a lot of cash at this precise moment. even if you just look at the bail amounts that we have so far for trump and his codefendants, that is a lot of money before the case even really gets started. those dollar amounts and whether trump starts footing the bills could matter a lot. take for instance former trump lawyer jenna ellis who's on the hook for $100,000 in bail alone. last week ellis started a crowd funding campaign on a christian website seeking small dollar donors to cover her defense bills. so far she's barely passed the amount needed for just the bail. and today cnn reports jenna ellis' lawyers met at fulton county d.a. fani willis' office. jenna ellis has not surrendered for booking yet but she said having her lawyers meet with the d.a.'s team. so my questions are is jenna
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ellis flipping? and if so given the financial pressure on her other 17 codefendants or 16, how long until we see others make a similar choice? i am joined once again by andrew wiseman. andrew, are we overthinking this one yet? jenna ellis in financial straits meeting with the d.a. before she surrenders? >> i think we may be a little bit over our skis. the biggest issue if i were counseling one of these people as independent counsel not being paid by a trump pac is that the window for cooperating is really now. there is sort of a race to come in. and if you want to -- to be able to tell a judge at sentencing, you know, i accepted responsibility and this is how i helped, it helps to be the first in, not the 17th in because you
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really want to say i broke the law, i did this. yes, deiddid these wrong things but here's what i did right to make it right. and putting that off, there's all sorts of things that could happen down the road. for instance, if you want to give information about donald trump, well, what if he wins the presidency? he's going to be out of the georgia case, but you're not going to be out of the georgia case because that case stays regardless of whether he or ally becomes president. so if you're thinking about your window of sort of when you are most valuable to the government, it could be now. >> the time is nigh. all right, there is so much more to talk about with trump and his many, many indictments this evening including some key questions about the timing of his federal criminal trial over the 2020 election. that's another indictment if you guys are following along here tonight. and later while some presidential wanna bees in the republican party will be duking
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out in a debate, others are crying foul saying they should be up there in the mix. we'll have more on that interesting set of dynamics up ahead. diynamics up ahead.
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goli, taste your goals. head to blendjet.com by this time next week a federal judge is expected to decide when donald j. trump will
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face trial for his attempts to overturn the 2020 election. now, we know from a filing last week if it were up to trump and his lawyers that trial date would be set no earlier than april of 2026. but that schedule is hanonstarter for special counsel jack smith who just fired back a response of his own saying the amount a that trump needs significantly more time to review discovery evidence is basically nonsense. quote, the majority or roughly 65% of the government's first discovery production consists of materials to which the defendant has functionally has access are deplicative, or do not constitute rule 16 discovery. and approximately 25% of the first production comes from entities associated with the defendant suggesting mr. trump wants months to process information he himself provided. so by my back of the envelope calculation, that accounts for 90% of the first batch of
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discovery material. and then there's this. hundreds of thousands of other pages come from the national archives, meaning that the defendant or his representatives reviewed them before the government received them or are publicly available including the defendant's tweets, his truth social posts, campaign statements, and court papers involving challenges to the 2020 election by the defendant or his allies. nearly 1 million more pages came from the house select committee to investigate the january 6th attacks on the u.s. capitol, a majority of which are already public and redacted form. the prosecution's argument closely mirrors that of msnbc's very own andrew wiseman who today wrote in the atlantic millions of pages of documents is no reason to delay trump's january 6th trial. andrew wiseman, you're like athena. no, you're like zeus and jack smith is like your athena springing forth from your head. pardon the belabored greek
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metaphor, but the 11.6 million documents argument that stack up taller than the washington monument doesn't seem to be holding a lot of water for special prosecutors. talk about the citation of how much this information should be already familiar to the defendant, what that actually means. >> sure. before i did the special counsel investigation with robert mueller i was the head fraud section add the department of justice. what did we do? we did large corporate cases day in and day out. over 100 attorneys doing large, corporate cases. so when i hear 11 million documents. i don't think big, i think small. >> do you? >> in civil and criminal litigation that is not a large number. and that is before you get to all of the points that jack made in his reply which is it's duplicative, it's been available.
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but the main reason this is not an issue in this day and age we're not in the 19 century or 20th century. we do not use pieces of paper. this is like the land of -- >> old thymy. >> right. everything is done by computers. you get rid of duplicates. you use computer searches. you use a.i. you then have discovery paralegals. all of this is done in a computer fast search way and target. that was basically his argument. i have to say this is one where the briefs are really for the public because judge chutkan knows this. any federal judge who's dealing with civil and criminal litigation if you come in and say, oh, there's a lot of discovery, yes they want to know you have time but pretend it's hard copy paper that goes to the washington monument is not a serious argument for the court. it reminds me of a judge saying to a defense lawyer of the
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mueller investigation, i know that that brief is for an audience but it's not for this audience. >> yeah. >> so i think they have a very strong argument. obviously, though, the judge on the 28th has a really important decision, and the defendant is entitled to enough time to prepare an adequate defense. one other quick point. in the eastern district of virginia, the so-called rocket docket, it is commonplace to have trials in three, four, five months after indictment. that has never been challenged. it is understood to be within the due process clause as adequate time. so here the time that's been posed by jack smith is longer than that. so judge chutkan has that ability, knows it will not reverse in the due process clause. the real issue is whether she thinks it'll be enough time. >> the reason you might see on your screens it ain't tolsociety
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this is like reading tolstoy's war and peace 78 times. >> reading it 78 times, and he said you know after you read it once, you don't have to read the other 77. >> that's the operative thing here. for a lot of people from the outside me included we do not understand you have to read every page of discovery, nor does it outrage the defense that it compromises itself by not reading every file. >> if you're looking for wiseman or wagner, you'd like for that. but the day of doing page by page review, that went out with the dodo bird. >> can you give me 29.4 i think months between the beginning of
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a trial and end of a trial. jack smith has taken the air out of that balloon and also taken the air out of the notion classified documents may be a problem in this. >> he actually said today let's have a classified documents hearing. to me that means they want to get in front of a judge so she knows how limited that issue is. because they know for both sides the 28th is the entire ball game as to when the date is, and so they want to get in front of her what that volume is. they've already represented to her this is nonissue. they said we're not planning on using any cras classified documents in the trial, but they need to turn it over because they have discovery obligations. >> well, as you said in the commercial break, august 28th is going to be the make-or-break. that is going to be indicative how this whole thing plays out. andrew weissman, thank you for hosting the first half hour of this program with me.
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thank you as always my friend. when we come back these guys are desperate to get on the debate stage while this guy, the front-runner, is not even going to bother to show up. more on that next. w up more on that next.
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so call now for free information. the wait is over. we now know who will be at
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tomorrow's first republican primary debate. these eight people you see on your screen right now have met the criteria to participate, which was a combination of polling requirements, fund raising thresholds and signing a loyalty pledge to support the eventual republican nominee. but there are at least three candidates who now claim that they also met all of that criteria but won't be allowed on the stage. one of those candidates is fox news personality and former candidate for california governor, larry elder. mr. elder announced today he's actually suing the rnc for not allowing him to participate. and then there's miami mayor frances suarez who previously said any candidate who doesn't make the first debate stage should drop out of the race, which i guess is sort of like dunking on yourself. businessman perry johnson claimed he qualified for a spot on the stage but has been denied, and he's not making that claim alone. nbc news and other outlets
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including politico have been tracking the process for qualifying for this debate, and by nbc's count and others perry johnson does meet incriteria to qualify for this republican debate, and yet for some reason the republican national committee disagrees. now, if you're not familiar with mr. perry jaunsian you're not alone. the self-financed businessman has been essentially laundering his entire campaign through newsmax. perry johnson has purchased a ton of political ads on news max, and news max has returned the favor by showering mr. johnson's campaign with coverage. they even gave perry johnson a reality tv show devoted entirely to following the perry johnson campaign. semafor news reports when another candidate asked for mere coverage on news max, a network executive told him to buy more television ads on the network,
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noting that such a transaction had helped republican businessman perry johnson, which is a literal definition of pay to play. but ethics does not seem to be a stumbling block for this crop of republican candidates. in order to meet the rnc's requirement that candidates get at least 40,000 individual donors, billionaire north dakota doug burgham offered to anyone who donated $1 to his campaign, $20 in return. now, that very questionable financial arrangement allowed biden supporters to donate a dollar to mr. burgham's campaign and then donate their $20 proceeds directly to president biden. by helping democrats launder doug burgham's donations directly into his opponent's pocket, doug burgham made the republican debate stage. this is the mad, mad world of republican debate. and yes, it is hard to see any legitimacy in this process, and that is before you even get to
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the biggest problem of all for this debate, the absence of the party's front-runner. by all accounts the rnc and the host, fox news, have been begging trump to participate in this debate, but not only has trump refused to show up, he's also refused to meet the debate criteria. trump has said firmly he will not sign the party's loyalty pledge to support whoever is the nominee in november. what does it say about the state of this race that trump is thumbing his nose at both his party and the television channel that helped make him president? we're going to have more on that with brian stelter coming up next. with brian stelter coming up next asthma isn't pretty. it's the moment when you realize that a good day... is about to become a bad one. but then, i remembered that the world is so much bigger than that, with trelegy. because one dose a day helps keep my asthma symptoms under control. and with 3 medicines in 1 inhaler, trelegy helps improve lung function so i can breathe easier for a full 24 hours. trelegy won't replace a rescue inhaler
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when the very first republican debate of this presidential campaign gets under way in milwaukee tomorrow night the front-runner will be missing from the debate stage, which is sort of weird. after all fox news is hosting the debate, and for months fox news has been an a campaign to convince donald trump to attend this marquee event. remember fox network executives wined and dined mr. trump at a private dinner earlier this month on the very same night he was indicted for a second time by the special counsel, all to no avail. instead the former president apparently taped an interview with tucker carlson, one that will stream on carlson's twitter program, his ex-program. it's hard for me to say that still on the night of the debate. that is the same tucker carlson who once called trump a demonic force, a destroyer in private texts to his staff at fox, and wrote that he truly can't wait to ignore trump most nights
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because he hates him passionately. joining me now is brian stelter, author of two books about the relationship between fox and trump "hoax," and "the network of lies" out this summer. first of all, tucker carlson, talk to me about that bizarre relationship, and is it just transactional? why do you think he chose tucker to troll the rnc? >> well, number one tucker thinks he's better and smarter and savvier than trump. so when the texts came out earlier this year trump was wounded, he was hurt. trump wanted an explanation, but tucker is nothing if not ruthlessly calculating. he understands by aligning with trump especially now having been fired from fox, he understands aligning with trump is going to be beneficial. it's going to get him attention. i think ultimately that's what it's about for both men.
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trump wants to stick it to his former employer who is challenging him for being over on twitter or "x," whatever it's called. they did tape it last week in bedminster. they could post it now if they wanted to. they're choosing not to. >> you made this point in our commercial break it's not just the debate. the next day trump goes to get -- he goes to surrender in georgia in prime time. >> which if i were being called in i would try to hide that. but of course trump wants to make it a prime time event. obviously designed on thursday to take away attention from whoever is the quote-unquote winner of the debate on wednesday night. >> there can be no winner of any of it but i digross. do you think the trolling of rnc and fox is it punitive in nature or more sort of directed to the party at large and all the men and women who wish to dethrone
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trump as presidential candidates? i mean is it to show that he's the biggest guy in the room and that he can command the biggest audience or do you think he legitimately feels he has a grievance. >> some of them, you know, are double digits we could at least say if we want to be generous. it's not as if trump faces no threat at all from anyone in this field. he's clearly the dominant player, but i think it's very clear he wants to take away attention from these other candidates as much as he can and from fox. it's very clear the view amongst fox staffers is that this is small, that trump is being small. by not show up to the debate, by snubbing fox, he is small. he is weak. that's how they want this to be perceived. we know the counter arguments are clear. trump is so dominant he doesn't even need fox anymore. >> he can't completely foresake
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them. this is the network that helped get him elected, stay in office, and defended the lies he was spreading and continues to spread. i mean, do you think there will be any punishment meted out by fox? they're not allowing trump surrogates in the spin room after debate? is that the harshest punishment trump gets for literally trolling them or undermining one of the biggest nights of their year? >> i don't see any other obvious punishments. certainly they can spend a little less time talking about him around the margins, but right now i don't see thatae. i see the opposite happening. right now the polls are where the polls are. the ratings were 24 million back in 2015 when trump was center stage. fox will be lucky to have 4 or 5 million viewers watch this debate. trump's absence, it is going to be felt. i think about trump and fox like a rubber band. and as hard as one side pulls
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and sometimes trump is pulling away, sometimes fox is pulling away, rupert murdoch said we are making trump a non-person. but he just feels he can't because ultimately he's not a leader, he's a follower. so they pull apart like a rubber band but yet always snap back together. rubber bands, they can break. someday this relationship will break, but i don't see any evidence of that right now. i think there's so much tension, yes, fox's profits caused it to snap. >> we know from the dominion filing they'll take almost a billion dollar knee in the name of preserving the trump audience. i do wonder if you think there's anything about the debate that causes fear to ring out in the heart of donald trump or at least trepidation.
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is it debating chris christie? is it confronting mike pence, the man who understood his plot to overturn the election? what do you think strikes fear in his heart? >> i think it's youth, vitality, the energy of some of these other candidates. there's going to be another debate in september. there's going to be a fox debate. trump has said he's not going to show up to that one. these candidates are younger, to have more energy, seem to be out there holding a lot more campaign events. are they doing it out of desperation, yes. but donald trump is continually faced with his age, his mortality, the morality of his presidency being in the past. let's be clear we both know he's going to watch every minute of it and live truth it. >> yeah, live truth it and that will be repurposed on "x," presumably. who can know? >> and most people will just skip it because they're
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exhausted. but they're going to watch you. >> yes, we'll be on-air tomorrow night, i we'll have special post debate analysis on this network at 11:00, which i hope people tune into. >> it's in my calender already. >> i hope so. i and hope to hear your per expectative in the coming weeks. that is our show for this evening. "way too early" with jonathan lemire is coming up next. a key witness in the classified documents case flips after dismissing his trump funded lawyer. we're going to tell you who it is and explain his significance in the case. meanwhile, more of donald trump's codefendants are turning themselves into the fulton county jail, but rudy giuliani still has no set plans on when he'll surrender despite a fast approaching deadline. also house speaker kevin mccarthy again floats an impeachment inquiry into president joe biden when congress returns next month. we're going to show you his confusing comments on why it ou

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