families protesting, they wrote an open letter that i read today of course. enormous consequences for the civilians in rafah. the israelis are directing them one place and rafah to the other, but it's going to be very bad if there is a full invasion, it's unclear what will happen next. thank you so much for making time at this ungodly hour. really appreciate it. all right, that is all in on this tuesday night. next up is "alex wagner tonight." tonight, i'm going to get right to it, because we have a special lineup. like i said, tonight is a special night, we have so much news about donald trump and his legal troubles that i will be joined by my colleagues, rachel maddow, and lawrence o'donnell, to break this down. first off we have got huge news from the mar-a-lago classified

documents case. once upon a time that case was set to take off, may 20th. less than two weeks from today. we have been waiting for judge cannon to set a trial date, since march. we got the news the judge has postponed that trial indefinitely. this means the onset donald trump ends up in a florida courtroom before the general election, those odds are slim to none, which is good news for the former president. but, less apparent good for the former president was the fact today donald trump was back in manhattan criminal court. today was the 13 of the hush money case against him, and it was by no means a normal day. today, we got testimony from the central figure at the heart of this case, adult film star, stephanie clifford, a.k.a. stormy daniels. as far as the spectacle of this trial goes, today was a blockbuster. a lot of the testimony really sounded like it was ripped from the tabloids, which makes sense-

- because the story at the center of this case is quite literally about tabloid sleaze, the allegation that trump paid to kill stormy daniels' story leading to the 2016 election, because the salacious details could have hurt trump's presidential campaign. and on that front we heard a lot of salacious details today. some of them are old. some of them are new. but, because of how trump's defense team responded to the details today, they are all now material to this case, and because these are statements in the public record, and because donald trump is the prism of republican nominee for president, this is all relevant for the coming election. if you have small children in the room, or are otherwise uninterested in hearing about donald trump's sex life now is your turn and time to mute the tv. this story centers around

daniels and trump meeting at a golf tournament, 2006, when daniels was 27 and donald trump was 60. the encounter was one year after trump married his third wife, melania , and after the birth of their son, baron. daniels claims trump invited her to his hotel for dinner, and when she arrived trump was wearing silk or satin pajamas in the style of hugh hefner three daniels for the record was unimpressed and asked donald trump to please change. daniels ascribed trump showing her magazine that had him on the cover and claims she then spanked him with said magazine, because his conversations were lacking fairly suggestive questions were asked about the adult film industry like whether she ever tested positive for sexually transmitted diseases.

and if any of the girls her adult film production company ever

on the stand today, daniels testified in the weeks and months following their liaison, trump didn't seem at all concerned about people finding out that he had sex with an adult film star while his wife was taking care of their newborn. daniels testified that after the alleged affair trump didn't ask daniels to keep that interaction confidential, nor did he express any concern about his wife finding out. according to the prosecution's case the hush money arranged for stormy daniels in 2016 wasn't about protecting trump's wife, melania , or his habitation, it was about donald

trump, the candidate. the candidate who was once again, the presumptive nominee for the republican party. boxer shorts, and all. joining me now, or my wonderful colleagues, rachel maddow

business records, investing, that's both. >> yeah, and i

in which you have this former president and just to get the analysis, a preview of stormy daniels from donald trump in the argument he made for a mistrial, he presented her testimony in the morning session to donald trump that they can't possibly cover or win the case, that's how effective he thinks her testimony was, and he was fighting for that this trial like he was fighting for his life, like for donald trump's life in that courtroom, and stormy daniels i saw, i saw a calm and steady presentation consistent with what we have heard before and so many of those television interviews. i

have no intention of getting into the details of-- >> you don't have to. >> by the way, that was the incident, that's what this trial is about is that the judge wanted to eliminate as many details as possible from what actually happened in the bedroom, and more of those details got in, not because of the deer's questions, really, but because of the expansiveness of stormy daniels' answers, which is something not really possible to easily controlled in the courtroom. there were objections, the judge sustained pretty much all the objections.he said he would limit instruction to the jury about how to use their testimony when evaluating the case. >> i do want to talk about the mistrial piece of it, rachel. this seems like walking like to the line of getting juan merchan to find him in

violation of the gag order. it seems like a pressure cooker , and the judge has to cross the line in order to waive the mistrial to supporters and say this is a kangaroo court, the system is rigged against me. and you know, for people who read the transcripts and understand what transpired in court today i don't think that holds water, but to trump supporters who want to believe in the injustice donald trump has stoped it's effective. >> that is a good strategic point, alex, because we had judge juan merchan motion from the defense, and he said to them i was expecting you guys to be object more than you were. if you were really object thing to what she had to say, you sort of have yourselves to blame, which raises the prospect that they were letting her say things when they were not object thing or drawing attention to it, in hopes that she might speak in such a way that might raise the prospect

of a mistrial. judge juan merchan in addition to questioning the strategy, he also said no, you are not getting the mistrial, i don't think it's warranted at this point. that part of the transcript you described at the top of the show there, alex. what, donald trump has the same rights as any defendants, and defendants have lots of rights. the motion for mistrial was not granted by the judge. they can appeal that. if they think there really was grounds for the trial, they can appeal his ruling. i doubt they will get anywhere with it, but it would be an additional delay tactic, and they love that. the reason this is a site of accountability for donald trump like no other is that there are rules in court, and you cannot bluster your way out of them, and that applies to this salacious testimony in all its detail in the somewhat theory

about it. >> speaking of infected. we have some of the transcript before showtime, which is a bonus. there are details about the sidebars happening. >> they are great. >> i think you can appreciate this. one between todd blanche and judge merchan. to trump's team, i understand your client is upset, but he's cursing audibly and is shaking his head visibly, that is contemptuous. it has the potential to intimidate the witness, and the jury can see that. blanche, i'll talk to him. judge merchan, daniels was testifying about rolling up the magazine to presumably smack your client, and after that point he shook his head and was looking down. later when we were talking about the apprentice, at that point he uttered a vulgarity and looked at you this time. please talk to him at the

break. blanche, yes i will. it reminds me of like your kid is misbehaving in class, do something about it read >> yeah, that's the judge saying i watched him in contempt of court in his seat, in the defendant's seat in his courtroom, and he said he won't hold him in contempt, but that is contemptuous behavior. we discovered that in the transcript we read about an hour ago, but we were watching those conferences and wondering what's going on, and so that's one of the big suspense is of the transcripts coming out, but you know, every time i walk into that courtroom, every single time i always think i am walking into why i thought donald trump would never run for president. because, he was living this life. and i knew he was living this life, and new yorkers knew he was living this life. he was at a golf tournament, where one of the holes in the golf tournament was sponsored by

wicked pictures, the leading american porn producer was in. no other candidate has gone to a tournament where there were porn stars at one of the holes, and stormy daniels describes she met him at the hole where that sponsorship was. think about the dozens of golfers upon dozens of golfers who passed through that hole, greeted stormy daniels, got some water from her, and that was the end of it. they are all still free to run for president, because of that day at the golf course. >> [ laughter ] >> is the finer point on it,

the man invites the adult film star to his room and within a matter of minutes allows her to spank him with a magazine he's on the cover of, that is the frontrunner for the republican nomination. >> can i say, i feel a little bit like i am on safari in this culture. >> we all are. >> also to like, do you want to go to dinner with mr. trump? she shows up like where is dinner? also put on some clothes. does this, again, i am a stranger in your land, i don't know if this is a normal thing that happens. >> no. in what land? no land. >> rachel, first dates normally don't take place in the hotel room. there is usually-- >> you do not start in the pajamas. you don't start by dropping your pants and let a

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if there was one moment today that explained the

thinking of anyone who has ever found themselves unwittingly entangled with donald trump it was this moment right here. prosecutor, can you tell the jury again what trump's bodyguard told you? daniels, that trump was interested in having me for dinner. daniels, no with an expletive in the front. daniels. yes. prosecutor, who did you discuss it with? daniels immediately my then publicist, mike. and this is the prosecutor, and what could you tell us a bit about the conversation with mike and what it led you to end up doing? daniels, he said wait, this is amazing you should totally go to have dinner with trump. if nothing else you will get a big story, he's a big business guy like what could go wrong? what could possibly go wrong. i am back with my colleagues, rachel maddow and lawrence o'donnell.

it feels like what could possibly go wrong is the refrain that i don't know, jeff sessions and rudy giuliani and mark meadows, and bill barr, they probably all had a what could go wrong moment in their lives, and pretty much all went wrong. should that be the lesson that all those in trump's orbit take? >> i feel like it is movie cliche versus movie cliche. what could go wrong? the death of the republic. that's where this goes. and you know, it's not because it ends up being a sexual encounter, the sex is immaterial apparently hereto everyone involved, but the crime to cover it up then puts us in this incredibly precarious position for the republican, which pushed our democracy pushed to the breaking point because we have to hold a former president and presidential nominee presumptive presidential nominee to account in the criminal justice system for the alleged crimes he committed to cover this up to

allegedly help himself illegally get elected president in part by using donations that he should not have been able to use. it's, it starts this cascade of events that really screws up stormy daniels' life, the sexual encounter with trump doesn't, the effort by trump to shut her up about it and cover up that effort screws up her life, and it puts us ultimately, as a country, in the position of having to know all this, which is its own level of pain, especially for those of us who blush easily and don't want to think about these things, but at this point the country can figure out how we will get to the other side of holding trump accountable for crimes, and that his fault. that is his fault, and that's what could go wrong. >> i wonder lawrence, when we talk about accountability, there is a lot of armchair psychoanalysis, about what makes him feel the most amount

of pain or accountability certainly financial pain as a real pain for trump, but i wonder if there is emotional suffering, the embarrassing details now made public once again. i would argue the fact his son was in the courtroom with him, his wife decidedly conspicuously is not, as someone who spends time trying to understand the sort of animal that is trump and his basest instincts what you think of the toll this is taking on him? >> eric is the designated family member to show up in the family bench which he occasionally has occupied, and you get the sense especially anyone who is looking at donald trump through the frame of a sociopath that he is the least embarrassed person in the room for all the things being said about him and his body, and his

behavior. he i think, thinks i am the star, i'm the most important. it's like not when you are the defendant you are not the most important in the room. and, i want to go to one detail i think is quite important about the mistrial that todd blanched asked for. he quoted a few things stormy daniels said that are worthy of a mistrial, and the one he thought was most damaging and most worthy of a mistrial, or these words. "not wearing a condom. " i hope that gets to trump voters. this is donald trump, 60 years old, not wearing a condom, having sex with a 27-year-old

woman. there was a distinct possibility of nancy in that situation. what do they think donald trump would have wanted to do about that pregnancy if a pregnancy resulted from that encounter? we know. he talked about this with howard stern about how when he first discovered that someone was, he thought what are we going to do about it? are we going to get an abortion? we know exactly what trump, exactly what he would have wanted to do, and it is exactly what he has made impossible for 27-year-old women like stormy daniels who grew up in louisiana to do at any age. >> such an important point. this woman was 27, louisiana, now florida. abortion is not an option. rachel? as we talk about the broader picture of the health of our democracy and accountability what transpired in mar-a-lago with that trial delayed

indefinitely, and your reaction to that news. >> yeah, it's disheartening. when this classified documents case, the espionage act case was assigned to judge cannon, she's a brand-new judge appointed by trump in the last days of his presidency, one worry was that she had absolutely zero experience in doing anything like this kind of case, very little courtroom experience and supervised few cases at all, but there are worries that she might be partial toward the man who appointed her, given her political involvement that led to her nomination for the bench, and there is nothing that has transpired since she has been on the bench at has abused anybody of this conceptions of what she might do. i don't like focusing on

individual justices, i don't like it when justices or churches become famous for their behavior on the bench. i would hope the judiciary is professional enough it is essentially someone seen as a referee or an umpire. in this case the only thing you need to know about that very serious and document-driven, cut and dried classified documents case really, the only thing you need to know is judge cannon is the judge, and should never be that way. i don't know if she will keep this case forever. i imagine there will be effort to remove her for her incompetent handling of it, but it feels transparent, dismaying glee. my friends, rachel maddow, who blushes easily, i apologize, i will send you roses. i'm sorry for what i put you through tonight. >> not roses, not even that. >> a bouquet of whiskey. i apologize. >> [ laughter ]

>> i apologize what i put you through. lawrence o'donnell, you have a higher tolerance for these things-- >> when we are talking about michael cohen's testimony, we'll be much more comfortable. >> please come back. thank you for your time, for pulling double duty. i appreciate you. coming up. most of trump's legal developments took place in the word manhattan in a courtroom, just as we said the federal judge overseeing the classified commits case in florida decided to get in on a piece of that action. stay with us. with us. , 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. (vo) you might be used to living with your albuterol asthma rescue inhaler, but it's a bit of a dinosaur,

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this was an exchange between trump's defense attorney and stormy daniels. susan, am i correct you hate president trump? stormy daniels, yes. and you want him to go to jail, right? daniels, i want him to be held accountable. necklace. you want him to go to jail, am i correct? daniels if he is found guilty, absolutely. that was the defense doing its best to try and undercut the testimony of ms. daniels, suggesting her to be somebody motivated hatred of donald trump. if you were watching this

program he probably made up your mind about stormy daniels some time ago, but how did the 12 jurors understand what they saw today? did the prosecution risk anything by putting stormy daniels on the stand, or did this work to their advantage? joining me now are josh, senior legal affairs for political, and christie, formal federal prosecutor, both were in the courthouse today. kristi? let's start with the bigger picture of daniels. we went into detail earlier in the show about what she divulged in terms of the affair with trump, but it was a fairly heated exchange between her and trump's attorney. >> it was, and look, it is still continuing. there is more to be had, but some of it seemed to work against each other, she opened pricing you rehearsed your testimony, you are so prepared in winter what you are supposed to say and she said no, i didn't rehearse, and prosecutors were allowed to go along with that.

so is she too rehearsed or doing it on the fly? i don't think she landed many points. i think it was clear from her testimony she did not have fond feelings for trump pointing out she does not like the guy. i think that was clear. >> right. >> and the main import where we are talking about the fact he made these payments because of the campaign that was established by the friendly trump witnesses, by david pecker, and hope hicks. i wanted to make sure he paid before, like we hear this consistent theme whether from witnesses who liked him or didn't like him. that's where i think the order was so important. >> josh, you were in the courtroom. from what you could get from the jury, how is this testimony landing? >> some of the jurors were clearly uncomfortable with

parts of the testimony, which we were discussing earlier with rachel on this program, there were certain comments made when she started getting into detail about the sexual act with trump, some of the things blurted out that led to objections, arguments, outbursts, i could see jurors looking away, particularly one female-- yeah, they were cringing and uncomfortable as i think any sentient creatures in the courtroom were at that point. >> that does not seem like a good point for the defense. the judge brought this up, why are you guys, is this the longest game to try and call for a mistrial on appeal? >> it is interesting, but it's been consistent they have not been objecting as much as i would have expected. but there were certain things she said in her testimony that got right up to the line of coercion where she was saying

things about she blacked out at one point. there was a power dynamic, she was shaking when she left, their heights were different, she said something to the effect of i couldn't say no, because i couldn't say anything. it started to feel, again, we are in dangerous territory like this is not a sexual assault case, and if it were that would be more serious than falsifying business records. that's were taught lynch was saying this feels much more prejudicial than probative and we need a mistrial, and i think the judge rightly said you should have object did more. the court was objecting on his own because they weren't to try and make sure they weren't hitting into details that were again going to be far too prejudicial to the jury. >> i do want to ask about to-- the point of how consistent he witnessed stormy daniels was, you know, at one point she is

talking about this threat she receives in a parking lot in 2011, and they really pressed her on that, josh, can you talk more on that moment and now meaningful it was in terms of trying to get at stormy daniels and undercut the veracity of her testimony? >> i thought the early testimony, and when she was on direct examination her story was very formidable. she had incredible amounts of detail about an event that took place some 18 years ago. she could remember details about trump's hotel at this golf classic including the tiling on the floor, that there were flowers on the table. she has written a book about it granted, she is given interviews in recent years about it, but she had a lot of detail and recited it without any apparent fear in the way someone who was concocting a story would have that they might not have the details exactly

right. that said when we came to the cross-examination you are talking about i think there were moments where she seemed to be if not shading the truth she seemed to be engaged in some kind of splitting hairs, she tried to deny she participated in a mock trial. she said she had not lost a lawsuit against trump because it had been dismissed. some of these things did not make sense. at one point she said she tried not to sell her story anywhere, not in the united states, and again these kinds of things it seemed like she was shifting around, and i think some damage was done to her credibility, but it did not negate her overall story. >> stormy daniels was not the only person to testify, though it might seem like it from the coverage. there was a book editor, publisher, representative of

publishing house, as an expert witness to talk about experts from trump's own books. this is meaningful. one of the things the prosecution needs to prove is that donald trump was aware of these fish many payments being made, that he was involved in the paper trail if you wheel will when he was present. these were excerpts presented to the jury today. in think like a billionaire, every dollar counts in business, according to trump's writing. every dollar counts, and for pennypinching, i'm all for it. this is from think like a billionaire as well. when you sign a check yourself you are seeing what's really going on inside your business. people see her signature at the bottom of the check they know you are watching them. last one, pay attention to the details from how to get rich, if you don't know every aspect of what you're doing to the paperclips you are setting yourself up for unwelcome surprises. i thought that was actually

quite important. this is a central part of what they need to do next, proof that he was involved in these payments. >> right. they are trying to argue went to the white house and was not involved in what the trump organization was doing, any of their business records, but they don't have to show he was the one looking at the ledger entries. they have to show he knew of this arrangement and caused these entries to happen, and of course he knew about this arrangement, because he knows about his finances. if he's writing a check for $35,000 he knows what it's for. future services for michael cohen in 2017, he knows it's to reimburse him for what he has already done. there was a piece of evidence that came in signed by trump saying reimbursing michael cohen for what his expenses were in 2016 between the amounts of about 100,000 to 250,000. so you have that in the record, and you have in addition to these statements, you have this

is, witnesses, like jeff, who said you going to fire me. he said you better negotiate those bills down. and those kinds of anecdotes in the book along with these, the defense tried to say you cannot attribute these statements to trump, but the ghostwriter was his executive assistance, and they are his anecdotes with his employees, these are his words, and you cannot back away from it. >> it's hard to imagine an assistant saying pay attention to the paperclips. josh, kristi, important witnesses to what transpired today, thank you for your time tonight, guys. coming up we will check in on another one of trump's criminal trials where the former president and current nominee got very big and favorable news, the mar-a-lago classified documents case is next.

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shortly after donald trump's hush money trial adjourned today in manhattan, another development emerged in his classified documents trial in florida. the judge overseeing that case, judge aileen cannon, postponed that trial start date indefinitely. it was originally set to begin

in two weeks, may 20, but now it is unlikely to happen before the 2024 election. joining me now is the former acting u.s. attorney general, neal katyal. she cites pretrial motions and critical classified documents issues. are you buying it? >> i am not, alex, and this is a very unfortunate decision because i think we lost any hope of seeing this trial take place before november and this is a trial with serious ramifications. i can tell you, alex, that anybody that did this kind of trump that stuff is accused of would lose their job, go straight to trial, and go straight to jail. i'm not going to characterize the motivations of this judge, but this decision and handling of this case start to finish

have been atrocious and the judge tossed overboard the right to a speedy trial. she says there are complex pretrial motions. this is not a hard case. it does not require the amount of delay that we have had. the case is pretty simple. a guy stole some documents. he had them. when the government came to look for them he lied about it and hid them again. so that is it. it is not rocket science and yet this judge has slow walk to this thing to death. >> it seems cool -- seems quite obvious that she has slow walking it. what are jack smith's options for getting a new judge assigned to this case? >> i don't think there are many options. i was faced with these request a lot at times. prosecutors around the country would say authorize us to move and switch judges and try to

seek a disqualification of a judge and you almost never do it, because the justice department's long-term litigating interest is to not cast aspersions at any particular judge or say we can't try this case in front of them and here there is an appeal standard. you have a really high standard under the law. it is just not going to work, so i don't see an appeal here. despite the fact that this is so atrocious. just by way of contrast, the samuel bankman-fried trial for cryptocurrency, indicted in september, 2022, 11 months start to finish. trump was indicted last june and we don't even have a trial date. the cryptocurrency case, enormously more complicated. so something ill is going on here, but i don't see jack smith as having a remedy. one thing i will say that is a positive is that if the supreme

court allows jack smith's other trial for trump and january 6 to go forward, judge cannon's decision has now cleared the docket for trump. he obviously has his hush money case in new york, but that will be over in a month or so and the course is clear for donald trump to be tried for the crimes he is alleged to have committed on january 6. >> are you optimistic about that timeline in terms of the january 6 federal trial? >> i still think it is possible. after the supreme court oral arguments many observers said it is going to be tough, but i still think it is very possible and judge cannon's decision makes it more possible. in both of these cases, whether it is january 6 or trumps stealing of these documents, the american public have a right to know, a right to see this. this is one of the most major decisions we make as people,

which is who our next president is going to be. now you have a person who a grand jury, not just prosecutors, but a grand jury have said there is probable cause, meaning it is more likely than not that trump committed these crimes. and yet this judge has made a decision that is going to hide that from the american people. and i'm sure the supreme court won't allow that same kind of conduct. >> john roberts, a nation turns its lonely eyes to you. neal katyal, always sounding a note of hope in the darkness. thank you, my friend. we will be right back. back. ba. how many people did you tell? only pay for what you need. jingle: ♪ liberty. liberty. liberty. ♪ baby: ♪ liberty. ♪

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that is our show for tonight and a reminder, you can listen to every episode of alex wagner tonight as a podcast, for a. scan the qr code on your screen or search for alex wagner tonight wherever you get your podcasts. now it is time