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Jack Smith is fighting to keep Trump's classified docs case alive

Jack Smith is fighting to keep Trump's classified docs case alive

Released Thursday, 4th April 2024
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Jack Smith is fighting to keep Trump's classified docs case alive

Jack Smith is fighting to keep Trump's classified docs case alive

Jack Smith is fighting to keep Trump's classified docs case alive

Jack Smith is fighting to keep Trump's classified docs case alive

Thursday, 4th April 2024
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0:00

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0:23

7th, 2024, participating McDonald's. Must opt

0:25

into rewards. Tonight,

0:28

Jack Smith blasts jury instructions from

0:31

the judge in the classified documents

0:33

case and threatens to appeal if

0:35

she rules against him. What's next

0:37

for the special counsel? Then

0:40

new reporting on how Trump's

0:42

social media company was saved

0:44

by a Russian-American under criminal

0:47

investigation. Plus, the Iowa

0:49

LSU game shatters the record for

0:51

the most watched women's basketball game.

0:53

We'll talk all about the ladies

0:55

of March Madness as the 11th

0:57

hour gets underway on this Wednesday

0:59

night. Good

1:05

evening once again. I'm Stephanie Ruhl and we are now

1:07

216 days away from the election. Special

1:11

counsel Jack Smith has basically had

1:13

it with Judge Aileen Cannon and

1:15

the way she has handled Donald

1:17

Trump's classified documents case. Now Smith

1:20

is taking action to protect his

1:22

prosecution. In a new

1:24

filing, Smith said Judge Cannon's legal

1:26

premise was quote wrong and called

1:28

Trump's claim about the Presidential Records

1:30

Act a fundamentally flawed premise. That

1:33

is the idea that Donald Trump

1:35

should not be charged because he

1:37

had declared the documents in question

1:40

personal under the Presidential Records Act.

1:42

Smith calls that pure fiction. He

1:45

also pointed out that it has been nearly

1:47

six weeks since Trump moved to have the

1:49

case thrown out based on that defense. He

1:51

wants the judge to get on with it

1:53

and make a ruling ASAP. Smith

1:56

has signaled he will appeal if he loses

1:59

and of course. Trump. Would likely

2:01

do the same as he loses.

2:03

Also, tonight is News in the

2:05

Money case. Judge Marshawn has denied

2:07

Trump's attempt to delay that trial

2:09

until the Supreme Court rules on

2:11

the Presidential immunity case. Jury selection

2:13

in that case will begin at

2:16

right around the corner April fifteenth,

2:18

That. Is twelve days away. Mark.

2:20

Your calendar and unless you're smarter without of

2:23

our lead off panel. So. Fantastic one

2:25

tonight! Lisa Ruben or Msnbc Legal

2:27

Analysts who has truly been working

2:29

twenty four hours a day over

2:31

the last two weeks. Cap and

2:33

Christian joins Us former Assistant District

2:35

Attorney at the Manhattan District Attorney's

2:37

Office she is now and Msnbc

2:39

Legal Analysts and Mark Leibovich Jones

2:41

has a staff writer for The

2:43

Atlantic. Of your Catherine.

2:46

It is so clear that Yeah

2:48

Smith has absolutely had it. It

2:50

seems like he is trying to

2:52

just protect. His case. Here he sees.

2:54

It is in danger and right now

2:56

highly unlikely we'll go to trial before

2:58

this election. What do you think of

3:00

Smith? Smooth and could backfire on it's?

3:02

it's a good. Move because he has

3:05

face reality those long as as cases

3:07

with this judge it will probably never

3:09

go to trial is definitely not going

3:11

to trial before election day. So this

3:13

was. It's. Also easy because

3:15

Jack Smith will probably never have

3:17

to appear before the starts again.

3:20

It's sort of unheard of for

3:22

a lawyer particular prosecutor to in

3:24

writing accuse a judge of basically

3:27

not knowing the loss and being

3:29

fundamentally flawed and reliable premises. He's

3:31

probably correct because everyone who has

3:33

reviewed you know the willful retention.

3:36

Of National Defense information which thirty two

3:38

counts that for Donald Trump is towards

3:40

with. Everyone. Any legal

3:42

scholar, any legal practice and will tell

3:44

you the President for rec defects has

3:47

absolutely nothing to do with it. It

3:49

is not a defense that as a

3:51

civil law it is about the presidential

3:53

records being part of the public and

3:55

when the President leaves office they should

3:57

be sent to the national Archives Will

3:59

for. And to the National Center for Mason.

4:02

Is. A crime. And certainly

4:04

the presidential rec a sec lot

4:06

of the fence to Obstruction of

4:08

Justice for trying to delete security

4:10

footage which also Donald Trump is

4:12

accused of tea break. Down for

4:15

us please. That's exactly what the situation

4:17

is with Judge Cannons jury selection instructions

4:19

and why Smith is just so fired

4:21

up about four for sell stuff. We

4:23

don't have a trial date yet and

4:26

yet she ordered them to put in

4:28

propose jury instruction. Usually it's author and

4:30

I both. Now when you do proposed

4:32

jury instructions and a trial, you're very

4:34

close to your trial date and the

4:37

jury instructions couple all sorts of issues

4:39

in the case and over the reason

4:41

to do this because she would like

4:43

to put. This issue off not have

4:45

to decide on the loss and make

4:47

it something that the jury can decide.

4:50

But of course if this becomes an

4:52

issue for the jury and the jury

4:54

is already seated by the time she

4:56

gives this instruction, the federal government has

4:58

no avenue to appeals and that's why

5:00

just with a so angry his essentially

5:02

saying you can't hold this issue over

5:04

our heads and leave us in the

5:06

positions where the jury is seated and

5:08

panels, there is no opportunity for us

5:10

to contest it one centuries in their

5:13

seats. Get. It over with now

5:15

if we're gonna appeal with like to do it

5:17

now Just and our friend Andrew Weissmann. Think.

5:19

That is An appeal on this thing

5:21

gets to the eleventh circuit's It's been

5:23

a reverse Canon and cylinder sounds from

5:26

this case I don't know should be

5:28

bounced from the case, but. I do

5:30

believe they will reverse her because she

5:32

is clearly wrong on this issue. A

5:34

sister instructed they've already reverse her twice

5:37

now The bouncing Bursar. And condemned which

5:39

is why we say bouncing from the case

5:41

they might go back to back. And

5:43

say we reverse do twice This

5:45

is repeated. You clearly cannot be

5:48

fair and impartial. To. The

5:50

government you have to be feared and parts

5:52

of the both sides and it could be

5:54

argued we made the T is has her

5:56

finger on the scale in favor of the

5:58

defendant this case Donald Trump for. finger, possibly

6:00

her fist, maybe her whole arm,

6:03

a left foot as well, possibly.

6:05

Okay, Mark, most people out there have

6:07

lives to live. They do not understand

6:09

the legal ins and outs of all

6:11

of this. They don't have Lisa Rubin

6:13

on speed dial like we luckily do.

6:16

How many Americans do you think are

6:18

watching all of these trials

6:20

and basically just rooting for their

6:22

side, regardless of the evidence? That's

6:27

a great question. I think probably those

6:29

who are paying attention to these, I

6:31

think that is a predominating sort of

6:33

view people are looking at. I think

6:35

they're looking at it probably through an

6:37

election context, through a political context. It's

6:39

kind of a sad state of affairs, but it's also

6:41

just such a noise thing at

6:44

this point. There are so many cases,

6:46

there are so many complexities. I mean, a lot

6:48

of this stuff is pretty urgent to begin with

6:50

and hard for people to follow. I

6:52

think the basic contours of this are

6:55

the broad Trump strategy, no matter

6:57

what the case is, it's just a lay.

6:59

It seems like certainly with Judge Cannon, he

7:01

has a willing partner here. You're

7:04

right. Some of the hedging

7:06

steps that she was doing to sort of

7:09

rule on two sort of different circumstances was

7:12

just designed to drag this out. It

7:15

seemed completely unworkable and obviously I'm not a

7:17

lawyer, but it certainly didn't seem to make

7:20

any sense on that front. Yeah,

7:22

I mean, I think at this point, it's just

7:24

sort of people watching the clock and it's just

7:26

another dimension folded into the wrinkles of the election

7:28

season. Lisa, I learned

7:30

a new term today that I have

7:32

to ask you about in Jack Smith's

7:34

filing, right? He refers to seeking a

7:37

writ of magnumness. I just love the

7:39

way that sounds, but it seems to

7:41

me it basically means that a higher

7:43

court gets to tell the judge, do

7:46

your job. Is that right? And

7:49

it's referred to as an extraordinary form

7:51

of relief in the federal rules of

7:53

appellate procedure because it's not an ordinary

7:55

appeal. You ask for a writ of

7:57

mandamus when you can't get an appeal.

8:00

to be heard midway through a case. It's

8:02

the only way that you can get an

8:04

appellate court to say to a trial judge,

8:06

you must do this midway through a case

8:09

where the issue being appealed isn't ordinarily one

8:11

that gets appealed until the end of the

8:13

case. And that's why Jack Smith is saying,

8:15

I will seek a writ of mandamus where

8:18

the 11th Circuit tells you exactly what to

8:20

do because otherwise, I couldn't appeal this at

8:22

any point in the case. It's clearly a

8:24

new word for me. I can't even pronounce

8:27

it. Just last month, Judge

8:29

Cannon seemed skeptical of Donald Trump's

8:32

claim that he declared the documents

8:34

in question personal under the Presidential

8:36

Records Act. Is there

8:38

any good reason for Trump's

8:41

motion to dismiss to still be

8:43

sitting on her desk? No, there

8:45

isn't. And there are other motions that are also

8:47

sitting on her desk. That's also another reason. A

8:49

lot of paper on that desk. That's also another

8:51

reason why the government, Jack Smith has sort of

8:53

had it with her. And

8:56

also the government has investigated that claim

8:58

that he designated these documents

9:00

as personal and found it to be a

9:02

pure fiction. They interviewed White House officials who

9:04

worked for him and said it never happened.

9:08

Mark, there is absolutely no way.

9:11

Judge Aileen Cannon is completely

9:13

unaware of these other Trump trials

9:15

going along, along with the other threats

9:17

and the rhetoric. How might

9:19

that affect how she's handling her case?

9:22

And what's amazing, she seems to be the only

9:24

judge in America that he doesn't go after. Yeah,

9:29

it's a shocking coincidence, isn't it? I

9:31

mean, it is bizarre. I mean, I

9:33

think what is bizarre is that she

9:35

clearly has to have some level of

9:37

self-awareness here, if not shame, about how

9:40

this looks for her. I mean, like

9:42

look, obviously, she isn't Trump appointed judge.

9:46

Maybe she feels some pressure that way. But

9:48

I mean, she's a serious judge. I

9:50

mean, she went to law school and

9:52

everything. I mean, she has to have

9:55

an idea. I think at this point,

9:57

it's like, at least from the outside, it looks like she's just

9:59

weighing over her head. And is trying

10:01

to sort of hope that this kind of gets lost

10:03

in the noise and that no one notices. And really

10:05

she's sort of taking shelter in the

10:07

larger blur of cases going on. And by the

10:09

way, I didn't want to get out of this

10:11

segment without being able to say, writ of mandamus

10:13

like everybody else. So I just want to feel

10:15

included here. It's like, I want that

10:18

to be my new nickname. Lisa, what

10:20

do you think about this? It should be. I

10:23

think Aileen Cannon, to Mark's point, is somewhat

10:25

over her head. At the same time, I

10:27

am as baffled as many people are that

10:30

we got to this point. Aileen Cannon came

10:32

to this job with real credentials. Are

10:35

you really baffled? Like, give me a break. No,

10:37

I am sort of baffled. And I'll tell you

10:39

why. Aileen Cannon was a federal prosecutor before she

10:41

took this job. She held that job for a

10:43

number of years. She also went to reputable law

10:45

schools, worked at a very reputable law firm. I

10:47

will confess, it's the one I came from right

10:49

before I came to MSNBC. She's

10:51

not a person who is a joke

10:54

in terms of on paper. The fact

10:56

that she is, to Katherine's point, now

10:58

drowning in paper either bespeaks sort of

11:00

incompetence and a level of anxiety and

11:03

distrust in herself or a thumb

11:05

or an elbow on the scale as

11:07

you posit it. What's really difficult about

11:10

this, though, is when we talk about

11:12

Aileen Cannon recusing herself, there is no

11:14

basis for recusal that plainly says delaying

11:16

so much so that the government can't

11:18

get a trial is a basis for

11:20

recusal. There are all sorts of recusal

11:22

standards about, for example, financial interest. But

11:25

the only sort of recusal standard

11:27

that this fits into is being

11:29

overly prejudiced against one party or

11:31

the other. It's very hard to

11:33

characterize delay as prejudice, particularly when

11:36

there's nothing to appeal. When you don't make

11:38

a decision. Oh, maybe she's drowning in paper

11:40

because she's swimming in a backstroke at Mar-a-Lago

11:42

on the weekends. I mean, she has clearly

11:44

shown extraordinary deference to Donald Trump from day

11:47

one. She has. She has

11:49

shown deference to facts that even Donald

11:51

Trump doesn't allege. You know, when we

11:53

talk about the Presidential Records Act, Donald

11:55

Trump has never flatly said, I designated

11:57

these records as personal. He said, I

11:59

could have. And by taking them that

12:01

in and of itself was a designation

12:03

But note that even his lawyers don't

12:05

say that there was a designation by

12:07

him of all of these classified materials

12:10

and national defense documents as Personal

12:12

to him the fact that she would then

12:14

have jury instructions on that and let that

12:16

issue Go to a jury without

12:19

either being right on the law or having

12:21

any such evidence in front of her is

12:23

really mind-boggling All right. Let's move on to

12:25

the hush money trial because judge Mershawn Just

12:29

expanded the gag order yesterday

12:31

and then today

12:33

Donald Trump is reposting articles

12:36

attacking Mershawn's daughter again

12:39

How is this not a violation of the

12:41

gag order? Like I would think in any

12:43

other situation That person

12:46

would be in serious trouble and

12:48

Lisa and I were just discussing this if it is not

12:50

a violation It's as close as you can get

12:52

to being a violation No, he's

12:54

not the one who's saying these negative

12:56

things about the daughter But

12:59

he posting someone else's article. So

13:01

yeah, he reposted. There's a

13:03

photo of his daughter and

13:06

Potatoes and yeah, so it's the order

13:09

itself says you can't make or direct

13:11

others to make statements And so semantics

13:13

are like so many of our lifeblood

13:16

stuff as lawyers, right? We parse words

13:18

for a living Donald Trump is sitting

13:20

there figuring out how he can exploit

13:23

any minor Loophole and then doing just

13:25

exactly that and that is pernicious and

13:28

Crappy. Yes, he's playing danger

13:32

Then what right? He's poking the bear. He's

13:34

poking the where what could Mershawn do because

13:36

he's still the judge presiding over this trial

13:38

Yeah, and he wants to show that he's

13:40

impartial and he's right I just want to

13:42

point something else out tonight that happened this

13:44

evening our colleague Tom winter at NBC News

13:46

is reporting that in Lancaster New York and

13:49

man has had charges filed against him for

13:51

calling in terroristic threats to two people

13:53

Who have also been big actors in

13:55

these cases against Donald Trump one Letitia

13:57

James the New York Attorney General the

13:59

other other judge Arthur and Goran who

14:01

presided over Tish James's civil fraud trial. The

14:04

consequences of Donald Trump's threats

14:07

are real. They are livid. There are

14:09

things like this man in Lancaster, Pennsylvania,

14:11

now being held in custody for these

14:13

kinds of threats. There are consequences when

14:15

Donald Trump does these things. And the

14:17

more that his lawyers and he say,

14:19

this is all just part of pointing

14:21

out that Judge Rashawn is a biased

14:23

actor here. We have evidence

14:25

to the contrary. It exists tonight. Damn.

14:29

All right, Mark, let's talk about DA

14:31

Alvin Bragg because he called out Donald

14:34

Trump because Trump

14:36

is requesting a delay because

14:39

of all the publicity around it. Here's

14:42

the thing. Alvin Bragg is not

14:44

wrong here. There is all this

14:46

publicity because Donald Trump has created

14:49

all of this publicity. Donald Trump

14:51

has made it this giant, ridiculous

14:53

show. So is there any

14:55

possibility that Trump will be successful in

14:58

getting the delay he wants? I

15:01

mean, I'd be totally shocked. I mean, not

15:04

only is he creating this, but actually

15:06

just the fact that this ridiculous notion

15:08

is kind of adding to the absurdity

15:10

of the whole thing. I

15:13

think Bragg called it, you know, called it

15:15

out for what it is, which is ridiculous.

15:17

I can't imagine, you know, Trump will have

15:19

any success, you know, getting any, getting anywhere

15:22

with this. But again, it's sort of part

15:24

of the same kind of, you know, just

15:27

ridiculous sort of cycle of arguments

15:29

that just becomes, you know,

15:32

what he hopes will become an ongoing delay

15:34

that will delay the trial. But it doesn't look like it's going to work.

15:37

I have to ask you, Lisa, about

15:40

the guy, the business in LA who

15:42

posted Donald Trump's bond in the civil

15:44

fraud case. Though there

15:46

was an issue with the way they did their

15:49

paperwork. So we didn't even go through, right? That

15:51

will get fixed. Tell us about this guy, who

15:53

he is and why he do this. John

15:56

Hankey is an 80 year old billionaire in Los

15:58

Angeles who made his money. in the

16:00

auto industry. He is the so-called king of

16:02

subprime auto loans. He is 128, I believe

16:05

on Forbes' 2023 billionaires list, but he's

16:08

not a particularly well-known person and he's

16:10

particularly not a well-known entity where it

16:12

comes to surety bonds. In fact, when

16:14

the Trump organization told the judge here

16:17

that they didn't think they were going

16:19

to be able to get a bond,

16:21

they listed in a footnote the names

16:23

of almost 30 companies that

16:26

they consulted. Knight Specialty Insurance

16:28

Company was not among them.

16:30

So while he has lots of capital,

16:32

he's also a large shareholder in Access

16:35

Bank, which has loaned $225 million to

16:38

Donald Trump, he is not a

16:40

person who has, at least from what we understand

16:43

so far, a ton of experience in surety bonds.

16:45

He is a person who apparently reached out to

16:47

Donald Trump in the campaign and said, we want

16:49

to help. He says this was a business decision.

16:51

I'll let you, Steph, and our viewers be the

16:53

judge of that. Well, there you go. All right.

16:55

Before you go, Catherine, I want you to explain

16:58

one thing to us why

17:00

this bond is so

17:02

important because by contrast, Alex

17:04

Jones has not paid out

17:07

one single dollar of the hundreds

17:09

of millions he owes to the

17:11

Sandy Hook family. In his case,

17:14

he never posted a bond. That's

17:17

why it's so important to ensure

17:19

that if Donald Trump

17:21

loses his appeal, that the money

17:23

will be paid, the disgorgement that

17:25

was ordered by Judge Ingoren and

17:27

that the attorney general is just

17:29

waiting to enforce the judgment if

17:32

she wins the appeal. So she wins the appeal

17:34

and immediately that money gets to be drawn down?

17:37

Yeah, I'm going to say immediately, but

17:39

soon thereafter. The mechanism kicks off.

17:41

Yes. We'll see what

17:43

happens on the Alex Jones side. Mark, thank

17:45

you, Catherine, Lisa. Thank you both for starting

17:47

us off. When we come back, the

17:50

Trump media bailout. It turns

17:52

out the company that was

17:54

rescued, that his company, True Social,

17:57

was rescued by, guess who, a Russian

17:59

American? He just happened to be under

18:01

criminal investigation a couple of years ago. We're going

18:03

to get into that new reporting and later Ruby

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red, Nebraska might

18:08

not be a battleground state, but if Donald

18:10

Trump has his way, he could end up

18:12

shaking up the presidential map in his favor.

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You might not be thinking about Nebraska. We're

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going to tell you why you need to

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19:42

truth social was just two years

19:44

ago. According to a new

19:46

report, the company needed emergency loans, just

19:48

to keep the lights on and guess

19:50

who saved them? A

19:52

Russian American businessman who at the

19:55

time happened to be under criminal

19:57

investigation. Our friend Hugo Lowell,

19:59

the author. of that remarkable reporting joins

20:01

us now. He's a political investigations reporter

20:03

for The Guardian and NBC News correspondent,

20:05

Vaughn Hilliard, who covers Donald Trump on

20:08

the campaign trail is with us here

20:10

in New York. Hugo,

20:12

this is some story laid out for

20:14

us. What'd you learn? Yeah,

20:18

so it's important to understand the background for

20:20

the story because it can get complicated. In

20:23

essence, in 2021 and 2022, Trump

20:26

Media received $8 million in

20:28

loans from what was

20:31

ostensibly called the kind of the ES Family Trust

20:33

and it appeared to be this trust of loaning

20:35

money in exchange for

20:37

convertible notes. I, you know, they would

20:40

gain a share of

20:42

the post merger company, which as it

20:44

turned out would be quite valuable. But

20:46

ES Family Trust, as we found

20:48

out, was something of a shell entity and

20:51

it was actually being accessed and controlled

20:53

by a guy called Anton Postonikov, a

20:55

Russian American businessman who kind of, as

20:58

you point out, was the

21:00

subject of a federal criminal investigation led

21:03

by the FBI and the DHS that

21:05

encompassed with an insider trading angle into

21:07

the very same Trump Media deal and

21:09

a money laundering element. And

21:12

Michael Schwartzman, the prime

21:14

architect of this, just

21:16

pleaded guilty today in federal district court. So

21:20

here we go, Vaughn, a shell

21:22

company with a Russian American wealthy

21:25

businessman who was under a criminal

21:27

investigation at the time. You

21:29

not knowing any background on this

21:32

story, does it surprise you

21:34

in any way that when they needed emergency

21:36

funding, it wasn't J.P. Morgan and Goldman Sachs

21:38

coming to his aid? It's a

21:40

great reporting by Hugo and one line

21:42

in his piece there articulates that Donald

21:44

Trump does not necessarily know about the

21:46

arrangement himself. And this is for

21:48

Donald Trump. He has so many

21:51

entities at this point, so many loans,

21:53

so much need for cash. He frankly

21:55

doesn't have an understanding of where all

21:57

the money is coming from. where

22:00

loans like this are coming from. And so no, it

22:02

does not surprise me. And when you look at true

22:04

social, you look at the fact that Trump

22:07

media lost $53 million last

22:09

year, you just go a scroll through true

22:11

social and you see the advertisements that are

22:14

on this year, right? You've got MyPillow, you've

22:16

got Trump 2024 bubble head

22:18

being sold. You have the likes of

22:20

a dating app to quote, find international

22:22

singles with conservative values on dream singles.

22:24

These are the types of ads, so

22:26

they're not like bringing in, you know,

22:28

high market companies. I'm not sure that MyPillow

22:30

guy is actually paying for those ads because he

22:33

still has back rent he hasn't covered. Hugo,

22:35

tell us more about this

22:37

Russian American businessman because he's

22:39

actually still under investigation. Walk

22:41

us through exactly who he,

22:43

more of who he is and what he's under that,

22:45

what he's under investigation for. Yeah. So

22:49

Anton Postonikov, this Russian American, Joe

22:51

National is a businessman. He lives

22:54

in Florida. We believe he

22:56

has a property on Fisher Island. You know, he

22:58

likes the high life. It turns out he is

23:00

the nephew of a guy

23:03

called Alexander Smirnov, who for

23:06

some time was the first deputy

23:08

justice minister in Russia for the

23:10

Kremlin. He's a Putin ally in

23:12

that respect and is now the

23:14

director of FSUE Rosma Port in

23:16

Russia. And the Russian connections don't

23:18

kind of just end there. We

23:20

looked at the creation papers for the

23:22

trust and we now understand

23:25

that ES stands for Elena Sharnava. We

23:27

don't know the connection from Elena Sharnava

23:29

to Anton Postonikov, but we know based

23:31

on a copy of her passport that

23:33

she lives in Moscow and has also

23:35

had an address in St. Petersburg. And

23:38

the settler of the trust is also

23:40

Russian. He's a guy called Konstantin Kritonikov,

23:42

who is a lawyer based in St.

23:44

Petersburg, Russia, also worked for the Russian

23:47

federal government. And so there are Russian

23:49

tentacles extending all the way throughout this

23:51

trust and the money that ultimately gets

23:53

funneled to Trump Media and therefore Truth

23:55

Social. I think when we step back

23:57

and look at all this. One

24:00

thing that is most concerning is not so

24:02

much the Russian element, but also the fact

24:04

that Anton Pasternikov is the

24:06

co-owner of this bank in Dominica. It's

24:08

called Paxson Bank. It's a small bank

24:10

that basically does a lot of financial

24:12

services for the porn industry. But

24:15

Paxson Bank does not have

24:17

a license to make loans in the

24:19

U.S. And so the concern we identified

24:21

in the story is that it

24:24

is potentially the case that Pasternikov

24:26

facilitated a loan to Trump

24:28

Media, not through Paxson Bank,

24:31

because it couldn't, but through the show entity

24:33

he controlled. And I think that's a question

24:35

for investigators and federal regulators to see if

24:37

that was all above board. OK,

24:40

here's my head scratcher, Vaughn. On

24:42

many levels, you would think that Donald

24:45

Trump now having a

24:47

multi-billion dollar publicly traded

24:49

company under the ticker,

24:51

DJT, that's currently valued

24:54

at billions and billions

24:56

of dollars. This would

24:58

be his dream of dreams,

25:00

perfect for his businessman titan

25:02

image. Yet it seems in

25:05

the last week and a half, I think

25:07

he had one post about it that said

25:09

it was a really good company. You would

25:11

think that he would be pounding his chest,

25:13

talking about it. His campaign would be, what's

25:15

it like on the trail? Because from

25:17

where I sit, far away,

25:19

seems conspicuously quiet. For

25:21

a man who boasts and frankly does not

25:23

have much humility and claims to be the

25:26

smartest guy around, this is something that he

25:28

doesn't really often boast much about. He could.

25:30

He could. Sometimes he says

25:32

on stage, hey, does everybody have a true

25:34

social? But for Donald Trump, who likes to

25:36

go to war with other companies, look, it's

25:39

not like he's banned his campaign staff from

25:41

Twitter. That is still their

25:43

main portal in which they engage

25:45

with not only supporters, but other

25:47

political allies, with reporters. On true

25:49

social, there's about nine million accounts.

25:52

We don't know exactly what those nine million

25:54

accounts are, but compare that to Telegram, more

25:56

than a hundred million. You

25:58

have Instagram. You have Facebook. Four hundred

26:00

million users still on Twitter. There is an

26:02

acknowledgement that you know when we're talking about

26:04

power. It's that and frankly, the power is

26:06

not with the and be true social apps.

26:08

That is not where the power lies in.

26:10

Donald Trump is very well aware which thirty.

26:13

One of the reasons why this

26:15

company is currently the most sorted

26:17

Spats Fact is a special purpose

26:19

acquisition company. That's the kind of

26:21

company that that trees Social as

26:23

as been acquired by. The.

26:25

Shortest One: Essentially, there is a

26:28

huge amount of investors out there.

26:30

Bet is that the stock price

26:32

is going to nosedive. walking. Tell

26:34

us about that. He will. Look

26:38

I think Job Born raised a good point

26:40

which is the underlying business fundamentals of

26:42

Truth Social on all great you know the

26:45

only thing that is keeping any value

26:47

in this company is the fact that Trump

26:49

exclusively person to search for the moment

26:51

that some please The moment he tweets and

26:53

I think his campaign is well aware

26:55

of businesses know the reason why he has

26:58

not returned to Twitter despite having no

27:00

there's discussions of people I get on mosque

27:02

is because the moment of that the

27:04

value of True Social were tagged because as

27:06

a low use base says no. Other

27:08

revenue stream apart from the fact that

27:10

may be a it says some sort

27:12

of rob deal with rumble about video

27:14

platform and but the underlying fundamentals are

27:16

garbage and dinners stuff you've covered Love

27:18

financial services were for a long time

27:20

and your this is very open to

27:22

anyone and I think this is the

27:24

problem that to social is facing and

27:26

the truth the problem that your social

27:28

were always face. That was one tabby

27:30

up to this which is there is

27:32

a hard floor think it's ten dollars

27:35

per share that it can't fall below.

27:37

so if you're. Gonna short the stock got

27:39

make sure you do it before I'd start. First

27:41

the time. Garbage. Is

27:43

sitting at Tennessee. see the Von.

27:45

Thank you so much we come

27:47

back. Some pushing for a winner.

27:49

Take all our pond. This is

27:52

the most important story they probably

27:54

haven't heard about health. possible rule

27:56

change in Nebraska. A lesson could

27:58

end up making it's. harder for

28:00

President Biden to win in November. You don't want

28:03

to miss this story. The 11th hour, we'll

28:05

be back in two. This

28:13

story really matters. Donald Trump and

28:15

his allies are mounting a pressure

28:17

campaign in the state of Nebraska

28:19

that could alter the entire election.

28:22

The former president and governor, Jim

28:24

Pillen, are now calling on the

28:26

state legislature to change how it

28:29

doles out electoral college votes. As

28:31

a reminder, Nebraska is one of

28:33

only two states that awards electoral

28:35

votes this way, and this move

28:38

would almost certainly benefit Donald

28:40

J. Trump. And we

28:42

just found out moments ago,

28:44

Nebraska legislatures have blocked the

28:46

electoral college vote

28:49

change for now. Back

28:51

with us tonight, Juanita Toliver, MSNBC political

28:53

analyst and host of the What a

28:55

Day podcast, and Mark McKinnon is here,

28:57

former advisor to both George W. Bush

28:59

and John McCain. He was also among

29:01

the co-hosts of the circus on Showtime.

29:04

Mark, this is the kind of thing

29:06

that seems tiny. People don't notice, it's

29:08

not their state. But if it went

29:10

through, right, this block could be temporary

29:12

because Trump and his allies are pushing

29:14

for it. It could have a huge

29:16

impact on the outcome of the entire

29:18

election in November. One

29:22

more question. Nobody doubts

29:24

that this race will be very

29:27

close. And this is a situation

29:29

in which a single electoral vote

29:32

could change the outcome of the

29:35

election. And what Nevada

29:37

is doing is doing what 48 other states,

29:40

what they're trying to do is do what 48 other

29:42

states do, which is to award whoever

29:44

wins the state all the electoral

29:46

votes. Right now, Nevada and Maine,

29:48

I believe, are the two remaining

29:50

states who award electoral votes by

29:52

whoever wins the congressional district.

29:54

And of course, there's one blue dot

29:57

in Nevada, which is reliably Democratic and

29:59

Democrat. Democrats have counted on that. But

30:01

the difference between Donald Trump 2016 and Donald Trump 2024

30:04

is he never expected to

30:07

be president in 2016. He

30:09

thought it was a way to get attention. He was going to get a

30:12

bunch of press and then go endorse Chris Christie. And

30:14

then next thing he knew he was president. So he

30:16

stumbled into it, but he's not stumbling this time. I'm

30:19

not saying that he knows the electoral map, but

30:22

he's got people who do. And they understand how

30:24

close this election could be. And

30:26

that it's really important to take advantage of all

30:28

of those. So they are they're doubling down in

30:30

Nevada right now. And they're going to do all

30:32

they can to get that single electoral vote, because

30:35

there's certainly a scenario on which one electoral vote

30:37

could swing this election. Just I'm

30:39

going to correct you quickly. I know you mean it,

30:41

Nebraska, not Nevada. Juanita, this still

30:43

did not gain any

30:45

traction until far right activists

30:48

started an aggressive pressure campaign

30:50

against the government. Is

30:53

this just another example of who really

30:55

is in charge of the GOP right

30:57

now? Trump sends out the

30:59

hounds and they go for whoever is in charge.

31:03

It's not only a question of who's in charge

31:05

of the GOP right now. I think that's explicitly

31:07

clear that it's controlled by the extremist parts

31:09

of that party. But it's

31:11

also about how Republicans are so ready

31:13

to change a system

31:15

of how a president is selected

31:17

months before an election. They're intentionally

31:20

trying to interfere with the election

31:22

in a preemptive way. And that

31:24

is something that's clearly out of

31:26

Trump's playbook. Right. Like

31:28

he's already making these claims about the integrity

31:31

of the election, but it's him and Republicans

31:33

who are also trying to change those rules.

31:36

And that's something that should give everyone

31:38

alarm and concern. I think I'm so

31:40

grateful to hear that latest reporting out of

31:42

Nebraska that it was rejected in the latest

31:45

vote. And I also appreciated hearing that the

31:47

author of the bill said that they don't

31:49

have the votes to overcome a filibuster if

31:52

it did go back onto consideration.

31:54

So that's something that's reassuring right now. But

31:56

like you said, this isn't a done deal.

31:58

We know Trump and Republicans. are going to

32:01

keep pushing. And if this election turns out

32:03

to be, what, a 269-269 split, that

32:07

is disastrous, because then it would go to

32:09

the House, which Republicans control, to be decided.

32:11

And that's something that should concern all of

32:13

the voters in this nation. Mark,

32:16

let's stick with alarming and the far

32:18

right, because we learned today that that

32:20

man who rammed into a barricade outside

32:22

the FBI Atlanta office is

32:25

a hardcore Trump supporter allegedly

32:27

linked to QAnon, which

32:29

is the epicenter of the craziest

32:31

of conspiracy theories. What do you make of

32:33

that? Well,

32:36

Stephanie, it's more evidence, not

32:39

that we needed any, that

32:42

the far right is picking up the

32:44

signals that they have

32:46

gotten for a long time from MAGA

32:49

land and from Trump. And

32:52

the way they interpret that language and

32:54

those signals from Trump land is manifest

32:56

itself in this kind of violence. So

33:02

the great fear that I have, and a lot of

33:04

other people do, is that this

33:07

may be one isolated incident, but there are

33:09

more and more of them all the time.

33:11

And that's the sort of

33:13

thing that led to January 6. Then it's the

33:15

sort of thing that if accumulated, could

33:18

lead to another situation just like

33:21

that in the next election. So

33:23

it's just,

33:26

one is a point and two is a

33:28

pattern and three is a problem. How

33:31

about this problem that some are

33:33

getting strategic? Juanita, NBC identified

33:37

seven candidates who are running for office

33:39

this year who were either at

33:41

the Capitol on January 6 or

33:44

attended the rally beforehand. How

33:46

concerning is that? They're not just breaking the

33:48

law. Some are looking

33:50

to become lawmakers. Right.

33:54

It's the same thing that we saw in

33:56

2022 when those same type of profiles of

33:58

candidates were running for secretaries. state positions,

34:00

running for congressional seats. It's the same

34:02

thing that's going to keep happening because

34:05

not only have they drunk the Trump

34:07

Kool-Aid and they're fully on board with

34:09

that MAGA movement, but they fully intend

34:11

to continue to inflict harm at multiple

34:13

levels of government. And that is the

34:16

concern here. And I appreciate the conversation

34:18

around the impact, the enduring impact of

34:20

Trump's election lives because that's not just

34:22

going to stop with these candidates. That's

34:25

going to continue with the threats that

34:27

we've seen in passing the election workers,

34:29

the threats and bomb threats called into polling

34:31

places across the country in every election since

34:33

2020. And so that's where this

34:36

concern is going to continue. And it's

34:38

likely to only going to increase and

34:40

get worse as we get closer to

34:42

November. And so I'm looking

34:44

honestly to Congress, to federal officials,

34:46

to election workers and secretaries of state

34:49

across the country for what protections they're

34:51

putting in place to make sure this

34:53

election can happen free and fair and

34:55

without threats to the people and the

34:57

volunteers working out the polls. Mark,

34:59

it's alarming that these kind of people are

35:02

running for office, but it's a losing strategy

35:04

for the GOP. I'm thinking the state of

35:06

Maryland, the state of Pennsylvania, where far right

35:08

people ran for governors and you know what

35:11

they currently are? Unemployed. Well,

35:16

yeah, Steph, except in Trump

35:19

world now, election denial is the

35:21

price of admission. You must be

35:23

willing to say that the election

35:25

was stolen. And

35:29

if not, not only are you not

35:31

a, you know, you're not

35:33

a card carrying member of MAGA, but

35:36

increasingly you have to be an election denier

35:38

in order to even run for office. But

35:40

as you said, it's a short term gain

35:42

in primaries and with MAGA

35:45

supporters, but long term it's

35:47

got consequences as it should. All

35:50

right, then. Mark, Juanita, thank you both for being

35:52

here tonight. When we come back, the

35:55

segment I'm most excited about this

35:57

evening, a history making night for

35:59

women's basketball. viewership shattered records

36:01

with more than 12 million

36:04

people tuning in. What

36:06

this explosion in popularity

36:08

means for women's sports

36:11

and all sports. Lee

36:13

Levitvala continues. Time

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37:27

nights rematch between Iowa Star

37:29

point guard, Kaitlyn Clark and LSU's phenomenal

37:39

forward Angel Reese made history

37:41

as the most watched women's

37:43

college basketball game ever with

37:45

12.3 million viewers. Here to

37:47

talk about this amazing moment

37:50

in women's sports are two

37:52

amazing women in the world

37:54

of sports. Former WNBA star

37:56

Lachina Robinson as she is

37:58

a TV host. and

38:00

women's basketball analyst and co-founder at

38:03

Rising Media Stars, and Jamel Hill,

38:05

contributing writer to the Atlantic and

38:07

host of the Must Listen podcast,

38:09

Jamel Hill is Unbothered. LaGina,

38:12

you had a post today that was

38:14

just so extraordinary. I wanna share it

38:16

with our audience where you wrote, "'For

38:19

every former women's basketball player "'that had to

38:21

play in an empty gym, "'and

38:24

you went to college before the digital

38:26

era, "'so you might get one TV

38:28

game, "'and your mom wrote into the

38:30

newspaper "'every time they didn't print the

38:32

women's scores. "'12.3 million is for you.

38:37

"'You matter then, and you still

38:40

do.'" How does this moment

38:42

feel right now? This

38:46

moment feels incredible for

38:49

a lot of people. When you think about

38:51

it, title nine is 52 years old, so

38:53

women have been playing sport at

38:55

the collegiate level, and there

38:58

have been more opportunities for women to play sports for

39:00

the last 52 years, but we

39:02

still not had equity in other areas,

39:04

especially when it comes to media

39:07

coverage, when it comes to dollars

39:09

from sponsors, all the things that

39:11

allow sport for women to truly

39:13

grow or that they needed to have

39:15

to help the sport for women really

39:17

grow, they didn't have. And what

39:19

we're seeing right now is really the perfect

39:21

storm. First of all, we're watching a generation

39:24

play basketball that's never been without the WNBA.

39:26

So with a professional women's basketball

39:29

league with 144 of the

39:31

best players of the world, the Kaitlyn Clark's,

39:33

the Angel Reese's are now looking up to

39:35

the Asia Wilsons of the world, and we've

39:37

had the Lisa Leslie's that have

39:39

even gone before then. So you have a

39:41

generation that has had something to aspire to,

39:44

and they've also had their phones where

39:46

they could pick it up and Google

39:48

and watch highlights and really learn the

39:50

game electronically. And that's a

39:52

big part of the growth that we're seeing. Yes,

39:55

we love what these players do

39:57

between the lines, in particular this generation and

39:59

college now. playing basketball at a high

40:01

level, as well as the WNBA. We're also

40:03

learning more about them as people, their personalities,

40:05

what they're like off of the court. There

40:08

used to be a time where women's basketball,

40:10

women's sports had to wait for the media

40:12

to come to them. Now they

40:14

are their own media. They're owning their own

40:16

brands. We're learning more about them and they're

40:18

connecting with a more general audience because

40:21

we're learning about them off the court.

40:23

So it's a perfect form of a lot

40:25

of things. Finally, many of these major brands

40:27

are putting dollars in. I had heard a

40:29

number maybe two years ago that less than

40:32

1% of all sports sponsorships

40:34

were going to women. That's ridiculous. How

40:36

do you expect women's sports to grow

40:38

and have reach when there's just such

40:40

a shortage of investment? The question is

40:43

always, what comes first, the chicken

40:45

or the egg? And some people would say, oh,

40:47

we're waiting for women's sports to do big numbers

40:49

so we can invest. What's happened finally,

40:51

we've invested now. We've invested up front

40:53

and we're seeing the fruits of that

40:55

in a night like the other night

40:57

having 12 million viewers. I mean,

40:59

peaking at 16, they

41:02

say that no one watches women's sports. I

41:04

can't tell. Not anymore. What

41:06

is it about these young women,

41:09

Jamel, that over 12 million

41:11

people on Monday night and recently are

41:13

simply saying, I got to watch this.

41:16

What is it about this class and

41:18

this group of women? Well,

41:21

I think there's just a major storyline

41:23

to follow. I mean, this is a

41:25

repeat. This is a repeat matchup. The

41:28

grudge match being finally settled between LSU

41:31

and of course Iowa. The thing that

41:34

the women are allowed to do and in

41:36

a weird way, it feels

41:39

bizarre to praise it for this because

41:41

given that the fact that the men's players, they can

41:43

be wanted done, meaning that they can just spend a

41:45

year outside of

41:47

high school or in college or G league

41:49

or some other professional league and then they

41:52

can go on to the NBA. Because the

41:54

men are leaving men's college basketball so much

41:56

faster, I think narratives and storylines and you

41:58

don't get a chance to really follow

42:00

the players the same way that you used to, maybe 15,

42:02

20 years ago, the women have

42:04

all those things going for them. So

42:06

people have watched a Caitlin Clark

42:08

mature into a generational player. They've

42:11

watched Angel Reese mature into one

42:13

of the most dynamite beings

42:15

in women's college basketball. And so

42:17

all across the entire tournament, whether we

42:20

be talking about these two teams or

42:22

South Carolina, which is undefeated, you're able

42:24

to see stars that you have been

42:26

able to learn, stars you've been able

42:28

to watch. And this is all add

42:30

to that growth that LaChina was hinting

42:32

at. And with these two in particular,

42:34

look, with any form of sports, you

42:36

need drama and you need entertainment. So

42:38

you have the drama of Caitlin Clark

42:40

trying to submit herself as one of

42:42

the greatest ever by pursuing

42:44

a champion, by putting out the

42:47

defending national champions. You have that drama

42:49

going, you had a

42:51

lot of elements, juicy elements in this

42:54

game that made it must watch TV.

42:56

Now, if somebody who started covering sports

42:58

professionally in 1997, that

43:00

was around the time that the WNBA started

43:02

to see where the game is now, not

43:04

just at the professional level, but even at

43:06

the college level. I mean, this is the

43:09

most athletic, the most skilled that

43:11

this lead has ever been

43:13

both at the college and professional level. And to

43:15

just see it maturing and

43:17

the women as LaChina noted in

43:19

her wonderful Twitter post to see

43:21

the Lynette Wooders and the Cheryl

43:23

Millers knowing and the Nancy Lieberman

43:25

knowing what they gave to the game early

43:28

on when no one cared and to finally

43:30

see it become the product that it is.

43:32

And oh, by the way, this is just

43:34

the beginning and not really the beginning, this

43:36

is just an ongoing process because this sport

43:39

has been trending upward for a while to

43:41

see this finally taking root for women to

43:43

be able to say, look, 12.3 million viewers,

43:47

all those excuses, they go out the

43:49

window now and it's wonderful to see this

43:51

sport get its due. Well, ladies,

43:53

I hope this is just the beginning of

43:55

our conversation. There is so much more I

43:58

want to cover. Sadly, We are out

44:00

of time. Thank you both for being here.

44:02

This is a great story to tell. Please

44:05

come back soon. And on that

44:07

note, I wish you at home a very

44:09

good night. But don't go to bed just yet. You

44:12

can actually catch me tonight on Late

44:14

Night with Seth Meyers over on NBC.

44:17

So from all of our colleagues across the networks

44:19

of NBC News, thanks for staying up late. I'll

44:22

see you in about 30 minutes over

44:25

on NBC and here tomorrow. Good night.

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