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tv   The Last Word With Lawrence O Donnell  MSNBC  May 2, 2024 10:00pm-11:00pm PDT

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thank you for joining us. you can find me online. "the last word" is up next. at 4:26 p.m. , maggie haberman posted this to the new york times live update of the trump trial, reporting from inside the courtroom. trump left the courtroom, squinting strangely at lawrence
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o'donnell, the msnbc host, as he did. they reported that same, this way. as he exits, trump turns his head at lawrence, flowers, and mutters under his breath. i was sitting right next to him , next to me. it's my first time in the trump trial courtroom, and it seems donald trump was not pleased to see me. it looks like i'm very far behind donald trump but i am actually in the first row available to the press. visually, there was nothing between donald trump and me. in the afternoon, i was sitting in another spot and i have my interpretation of what donald trump's face and eyes were trying to say to me and what drove him to create a moment
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that was worthy of a new york times reporter. what was actually captured in a sketch by the brilliant courtroom artist, who will join us at the end of the hour to share what the artist i finds in looking around the trump courtroom, especially at donald trump. she has been in all of the trump trials and has seen more of his behavior as a defendant and possibly anyone else and she has never seen anything like what she saw on donald trump, as he was walking out of that courtroom today and looked at me. these were her words. "he went full joker on you." that is a much better description than i could come up with. she will show us her instant sketch of the flash bang with me at the end of the hour. he should not have done it, of course, donald trump should not
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have drawn attention to me. donald trump's political handymen were there, in the front row reserved for trump's family members, who did not show up, again. of course, he was right in front of me and knew that i was there. he should have told donald trump, if you walk by o'donnell, don't give him the satisfaction of a moment, but defendants like donald trump always make mistakes in courtrooms. mistakes are what has landed donald trump in criminal court. manhattan's criminal courtrooms, and this is "a room of broken lives." it has seen an endless parade of the broken lives lived by people who have made the worst mistake in their lives, that
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leaves them sitting in the defendant's chair in that room. other than the falsely accused, very bad mistakes, often the series, lead to criminal courtrooms. donald trump was not the only broken life in that room, on display, today. the broken man sitting beside him, at the defense table, rose, once again, to defend the indefensible. they have, at one point or another, told me that this is an excellent lawyer. some of the people told me that months ago and have now switched to the past tense. they say he was an excellent lawyer, before he sold his professional soul to donald trump. todd blanche was a much respected, highly paid partner in a prestigious manhattan law
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firm and served as a criminal prosecutor. he could have stayed in that partnership and that law firm for the rest of his professional life. he could have been well- regarded for the rest of his professional life and in bed, he took on donald trump as a client and had to quit his law firm because the law firm wanted no association with donald trump, and having quit his law firm, he moved his family to florida to become a full-time trump defense lawyer, working for exactly one client. there is no good story in the history of jurisdiction about a criminal defense lawyer who decides to work for only one client. a client, who has enough criminal and legal business to keep that lawyer employed for years and years and years, even mafia lawyers have had many
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other clients not in organized crime. in criminal courtroom 1530, todd blanche, last week, suffered the ultimate professional humiliation when judge merchan said to him, " you are losing all credibility with the court." you can spend a lifetime in courtrooms and never hear a judge say that to a good lawyer, never. today's court session began with what was scheduled as a half hour hearing about donald trump's latest violations of judge merchan's gag order. the prosecution presented four new violations in a 10 minute, tight, logical, seemingly irrefutable presentation. the worst of the violations was donald trump's comment about the jury. the prosecutor read that to the judge as the first item he raised. " that jury was pick so fast, 95%
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democrats. the area is mostly all democrat. you think of it as a, just a purely democrat area. it is a very unfair situation, that i can tell you." trump said that. the prosecution cited other gag order violations that prevent donald trump for making comments about witnesses did the cited comments about michael: and david pecker. when todd blanche stood up to defend donald trump's violations of the gag order, he ran on without making a single legal point, for 20 minutes, and never said a word about the most serious violation, donald trump's attack on the jury. todd blanche is trying to defend donald trump's comment about witnesses and said, "he can't just say no comment repeatedly when he is running for president." that is, of course, alive. that's a lawyer telling a lie
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in a courtroom. it's not just a point of argument. candidates refused to comment on issues all the time and no one does it more than donald trump did donald trump very specifically refused to declare his position on abortion for months, during the presidential primaries. no politician in our history has refused to answer more questions than donald trump, while his mouth is still moving, saying other things in response to a question, usually nonsense and lies having nothing to do with the question. just to sink todd blanche even deeper into the darkness of his professional life, donald trump himself proved that todd blanche was lying at the end of the day. after donald trump walked past me, into the hallway, he spoke to a pool of reporters with cameras rolling. the last question asked of him was, what did he think of the
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witness who took up most of the trial today, keith davidson? donald trump said, "i'm not allowed to testify. i'm under a gag order, i guess i can't testify. i would love to answer that question, it's a very easy question, the easiest question so far, but i'm not allowed to testify because this judge is conflicted and has me under an unconstitutional gag order." those were his words. of course, he's not a master of the english language, he did mean that he can't testify, he said simply that he couldn't answer the question because he is under a gag order. todd blanche learned nothing today in the courtroom but trumpeted. he learned from that hearing how to respond to a question about witnesses in this case, which is to not answer it at all and, if he wants to, site his
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gag order, which is exactly what he did at the end of the day. his response in the hallway today directly contradicted todd blanche , directly destroyed todd blanche's credibility, and again, in the principal argument in the defense of his violations of the gag order, were somewhat weak after the judge tells todd blanche he's lost that ability. how can it get worse for todd blanche? donald trump found a way to make it worse today. donald trump went out in the hallway at the end of the day and in effect, ridiculed todd blanche's defense of his own violations of the gag order. apparently, todd blanche had no intention of even addressing the worst violation of the gag order presented by the prosecutors , which were donald trump's comments and attacks against the jury, who he accuses of being 95% democrat even
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though we have no idea how many of them might be democrat or republican. 12% may have voted for donald trump. judge merchan is not an inpatient judge. there are some who could accuse him of being too patient, like this morning, he let todd blanche say nothing for over 20 minutes today, before the judge finally had to interrupt him and say, "can i ask you to address the comments that were made about the jury?" todd blanche began with the stupidest possible response about the actual words donald trump said. donald trump told the judge, "it was a 15 second statement out of an interview that was over 21 minutes long." it doesn't matter if the interview were five days long, what matters is what donald trump said. did he violate the gag order?
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the judge repeatedly had to ask todd blanche, did he violate the gag order? todd blanche actually said, " the gag order specifically references any prospective juror or any juror in his criminal proceeding. so, he wasn't referencing juror number four as a democrat or --" you could see the judge give up on todd blanche. he shook his head, the judge shook his head, smiled in a strained way, just a little. i silently laughed at the preposterous thing todd blanche just said. it was the most preposterous possible answer todd blanche could have given. he wasn't talking about juror four. you cannot find that reaction in the script, the reaction of the room, the judges physical reaction to what he heard todd blanche say.
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the transcript is just words and there is so much that happens in that room beyond the words. in presenting this violation, the prosecutor said "he used his platform there to criticize the seated jury in this case. there is no inference needed. it is not just any jurors, it is these jurors, in this case, sitting right in this room in a few minutes." todd blanche , his disgraceful and guaranteed to lose defense of that violation of the gag order is to actually say, donald trump didn't specify any one of the jurors. no, he didn't, he specified every one of the jurors, every one of them. everyone who filed into the room at the end of that hearing and passed by donald trump, as fast as they could, without looking at him in any way, as if there were an obstacle there
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that they had to speed past, something dangerous. i have never seen a faster walk injury in my life, a jury who walks in, to get past that defendant, to get that move past the defendant over and done with as fast as they can. it's not unusual for some jurors to take in the room when they enter, in other cases. their eyes sometimes fall on the prosecutor, often on the judge, sometimes on the defendant, smile at the judge, sometimes there can be small smiles that are flashed around the room, they don't really tell you anything about what they are thinking, but often just show you that this group of people are entering the room with hints of their humanity. not so, with the trump jury, when they entered. when they take their places in the jury box, which i had a full view of
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in the afternoon, they settle into their roles and all pay very strict attention, at all times, to what is happening in that room. it does not seem that anyone have likely complained about freezing in the courtroom, as donald trump has done relentlessly, including one of the middle-aged jurors who is wearing nothing but a t-shirt, all day. that is how freezing it was not in the courtroom. as a defendant in the courtroom, every moment, it must be chilling. certainly, it is for donald trump. donald trump spent most of his day speaking to someone he has never met, the third broken life on display, keith davidson, the lawyer who even todd blanche had looked down on. keith davidson testimony revealed that he makes much, or most of his living as a bottom feeder in a cesspool with no
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law schools that has ever aspired to. it was keith davidson who negotiated the has many payment to stormy daniels to guarantee her silence about her, according to her, one brief sexual encounter with donald trump. that testimony negotiated the $130,000 deal, with documented, email records, text messages, and voice recordings. there is no reasonable doubt left that keith davidson, about keith davidson, negotiating that deal on behalf of stormy daniels with michael cohen. that's the essence of his testimony . that is why he is a witness, but, when your life goes so far off course that you find yourself negotiating hush money payments for adult film stars of presidential candidates so that you can help hide the truth about that candidate from
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voters, for a fee of $10,000 that you earn from that transaction, it might not be the only unseemly thing you've been involved with in your life. so, on cross-examination, to trump's the light, sure, donald trump's other criminal defense lawyer tried to expose keith davidson's role in trying to arrange hush money payments, in one case, allegedly for as much as $2 million, for other famous men, including hulk hogan and charlie sheen. keith davidson was also involved in trafficking information about the treatment of lindsay lohan in a rehab facility. this testimony, from this person , who has the lead his law career, took place in a building filled with honorable lawyers working for government
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salaries, for public defender wages, who, every day, make the law and noble calling. every courthouse has the other kind of lawyer, the worst kind of lawyer, passing to the courthouse, every day. with every bit of dirt that keith davidson revealed about himself and every bit of dirt that was thrown at him by donald trump's lawyer, what really mattered in that moment is that the oldest person in the room, sitting under a crown of blonde hair at the defense table, lived his life in such a way that his future was in the hands of keith davidson, in october of 2016, when he was asking the people of united states of america to make him the next president. i was sitting in the front row of the reporter section, which
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is actually the third row of spectators since the first two are reserved for secret service, then the nonexistent trump family, and then the third row, for the afternoon, there was nothing. nothing between me and the back of donald trump's head. that very same seat was occupied last week by a brilliant author who wrote, at some length, for the washington monthly about his day of contemplation staring at "the back of his head, the meticulously coiffed souffli. " what you see under the hair in that courtroom is a very, very small man. donald trump is actually the tallest person in the courtroom , an inch taller than i am, but when he's finished chair, he does it with the common slump of the elderly. he sinks.
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his 77-year-old back bone shrinks to the point where he is sitting as the shortest man at the defense table, and he sits, for the first time in his life, as a little man in confinement. there are many people in america hoping donald trump goes to jail. there may be just as many or almost as many hoping he does not. for those who hope donald trump goes to jail, you can put a side some of that hope, now, because courtroom 1530, from 9:00 to 4:30 p.m. , is donald trump's jail. it's the first time in his life that he is not allowed to leave the room whenever he wants to. it's the first time in his life that he does not get to decide when to enter.
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it's the first time in his life that he does not get to decide what to say. he is not allowed to speak. he is not allowed to move. he is not allowed to leave. no one's walking in every 10 minutes with a fresh diet coke, there's no diet coke in the room. donald trump has not experienced anything close to that since high school and in high school, it was never for more than 45 minutes or an hour at a time. donald trump's jail is upon him, now. he might face more jail time. real jail time, but for now, these are the very worst days of the broken life of donald trump. those who were with me in the courthouse today will join us, next. climax
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now, to our legal discussions with my fellows in the courtroom. adam has been there every day of the trump trial and we have alexander wiseman from the fbi general counsel. he is also an msnbc legal analyst and an author of "the trump indictments." he was in the courthouse with us today, as well. adam, there's a bunch of things
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to cover, but to begin with, on that hearing about the possible new issues of contempt, the one that seems locked in is the one about the jury. >> absolutely. to your point, i said the same thing you did, about the judge looking incredulously right at todd blanche, shaking his head. it's one thing you don't find in the transcript and i want to highlight one other portion of what the judge actually said in response to all of that said "okay, it's 10 after 10." he just reminds him of the time. >> 10:00 rolls by, todd blanche has not said a word about the jury. >> not one. the entire thing was conveyed with that nonverbal look of disapproval and the next words
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out of the judges mouth are, i understand your argument. that's not good to hear from a judge. it was probably in order the last time he announced his housekeeping decision, nonchalant, and if there is any venom in it will happen on the page, on the written order. you are right, that was the moment. judge merchan was characteristic understatement. >> and to show the judges balance on this, he pretty much verbally dismissed one of these charges involving david pecker, something trump said about david pecker, that the judge seems he will probably let go or maybe find him in contempt on the other three. >> this judge is endlessly fair and said, look, there are carrots and sticks and this is a carrot in terms of praising david pecker, so that's
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technically a violation and that is what it said, but i'm not focusing on that one. it's clear that he is very perturbed about the jury. i had a number of things, by being there, as opposed to reading, the judge's voice is one. there are different ways that judges control the courtroom, some can't and do a poor job of it but others are sort of, screamers, they have a very loud voice, lots of paraphernalia, like clerks who pound the order in the court, that kind of thing. that is not judge merchan. i was surprised that he is soft- spoken, endlessly polite, and his, the way that courtroom is clearly his, i think it is a quiet respect because he is
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clearly an adult in the room and that is why i so wish that everyone, if they could see it, i wish they could hear it, because it was really impressive. the other thing i thought, having been in many courtrooms, there's a ton of press, a ton of security, a ton of public people coming to watch this. the entire court staff, this is a pretty antiquated courthouse, is flawless. the court officers , a lot of people think oh, they will be officious. it could not run more smoothly, people were treated so well, whether it was the press or the public, it was really wonderful to see. they deal with a lot in that courthouse, and then this is on top of that. it was just, everything worked like clockwork and it was great to see our judicial system at
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work. you know, everything that you talked about in terms of okay, it's sort of tawdry, there is so much to say about donald trump and some of the witnesses in terms of that, and what you saw when you went to court was you saw the best of america and the best of the criminal justice system, whether it was the judge himself or the people who make that courthouse work. >> it is all on display in that one room. this is the first time any court office has ever had to protect a former president of united states in teaming up with the secret service in that room. several of those officers have to stand, looking back at the spectators, not leaning against anything, unsupported, they physically stand there for at least an hour at a time before they are relieved. i've never seen court officers have to do
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that kind of duty in a courtroom, but it's one of those things that's only going to happen in this courtroom. to the evidence today, so, keith davidson basically has a big practice of sleazy junk as a lawyer, including the stormy daniels stuff, right? his position in the case is, i negotiated the deal with michael cohen. he has been cross-examined, it's over, now. nothing was cracked on the, "i negotiated with stormy daniels." he wants the jury to not like davidson because he is trafficked in so much other creepy, nasty stuff. it's hard to believe that the jury is going to have issues with this guy. this is a you end up in these stories. >> you have to wonder whether he was trying to take a veiled
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swing at someone. he kept referring to the word, "extortion." he said that as often as possible, it was 12 times in the transcript. >> he basically said repeatedly, you always did these negotiations, going as close to the line of extortion is you could. >> absolutely. at the same time, he has to try to dirty him up because there is such devastating evidence in the form of text messages. we of course heard in the beginning , the "what have we done" text. now jurors got to see it, today, and saw dylan howard responded to keith davidson on election night, when it seems that trump is going to be elected. dylan howard replies, "my god." there was no ambiguity in it.
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the question and answer were there and keith davidson said that this was about the election. when you have the text messages, you have to go to the repeated word, "extortion." >> i thought the defense had one good point to make, that he did make, but it was clouded in talk about all these other people who have nothing to do with the case and that was the point about the document that was signed using the pseudonyms , that they used for stormy daniels in reaching this agreement and donald trump, reaching this agreement and the line were trump is supposed to sign was never signed and that seems, to me, to be the best thing to bring up on cross- examination of this witness. we will hear about in the final argument, but even that point got, i thought, drowned by so much else around it.
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>> so, i agree and disagree, because one of the things that i would say is that, at that point, which is a good point for the defense, which is that the agreement has three signatures but was supposed to have a fourth, which is donald trump, the -- >> trump claims he knew nothing. >> exactly but that shows i didn't, because i didn't find it and there's another explanation that he wants to create that evidence against himself but that was brought up by the government. that actually, that document, that is what a good prosecutor does. you make sure that if there is something surprising that that you don't want that to come out just when the defense brings it out. a standard thing you might have done is a short cross- examination where you say, you did not deal with my client, you dealt with michael cohen, so you don't know what happened between michael cohen and my client. two, this document, just repeat that, it's a downer, right?
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that just sort of highlights to the jury that point, so you don't cloud the regular points. they say, okay, you had an agreement with michael cohen and there is no question about that. i thought the calling card, every single thing that you heard from mr. davidson was in email or text or a document and he was so closely tied and lashed to a document that confirmed what he was saying that the idea that there was nothing to sort of cross on other than he's not a particularly likable guy in terms of what he's done with his life, but it doesn't matter. he can be likable or not, the facts of the facts. i know why they tried to say he is an extortion artist, so the jury doesn't like him. i thought having just heard david pecker, they didn't do that?
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if there is anyone here who is sleazy, it is someone who just took the stand and said, i had an agreement with the defendant where i engaged in defamation and election fraud. that guy ran the national enquirer. to me, if there is anyone who is going to get that kind of lashing from the defense, it should have been david pecker. it will be interesting to see what the jury does, but i thought it was, in general, a lot of theater, not a lot of substance. >> you have to set the alarm early tomorrow because i'm going back to the courtroom, you are, are you? >> i'm not, i have the day off. >> will have to talked about it somehow, thank you both, for all day and tonight. it has been exactly 2 years since roe versus wade was overturned by the republican supreme court. now, another statement is about to put women's reproductive
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rights on the ballot in november. we will discuss that next. later, we are joined by the carter -- the courtroom artist to capture the moment with donald trump, how shall i put this? could not take his eyes off me, for some reason, in court. cour. high taxes can erode returns quickly, so you need a tax-optimized portfolio. at creative planning, our money managers and specialists work together to make sure your portfolio and wealth are managed in a tax-efficient manner. it's what you keep that really matters. why not give your wealth a second look? book your free meeting today at creativeplanning.com. creative planning -- a richer way to wealth.
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today marks exactly 2 years since politico obtained a link -- a leaked draft majority opinion on overturning roe versus wade. it marks one day sense the ban on abortion was signed into law by ron desantis in florida, to go into effect yesterday. vice president kamala harris said this. >> two years ago, we learned in a reeked draft decision that the supreme court of the united states would overturn roe versus wade. in the two years since, and states across our nation, extremist imposed and pass laws to criminalize doctors and punish women. laws that make no exception. today, one in three women of reproductive age america live in a state with an abortion ban. to be clear, donald trump did this. he hand-picked three members of
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the united states supreme court because he intended for them to overturn roe versus wade, and they did, as intended. he says he is probably responsible for it. be clear. if he gets a chance, donald trump will sign a national abortion ban, but we are not going to let that happen. when we win the white house in november and when the united dates congress passes a law that restores the protections of roe v wade, our president, joe biden, will sign it. you see, we trust women, and women trust us to fight for reproductive freedom. >> joining us now is democratic senator jacky rosen of nevada, running for re-election and a member of the armed services community. thank you for joining us . we are seeing the reversal of the reversal, we are seeing arizona did, finally, repeal that 1864
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law. the democratic governor signed the repeal of that in arizona. this is in your region, nevada, a neighboring state to arizona. what does this issue mean in your campaign this year? >> well, i can tell you, first of all, thank you for having me on to discuss this important issue about women's freedom. this is what it's really about and we can say that maga extreme republicans want to take women back to the 1800s if they can. this bill that they have in arizona that they just repealed, make no mistake, they will try to put in more kinds of bands going forward and you can see it in city after city, county after county, state after state, how draconian these laws are and how they are putting women's lives at risk with no exceptions, no exceptions if women show up to an emergency room, almost dying, needing to get that
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healthcare. in nevada, we know and we believe that women should have the freedom to make their own health care decisions, overwhelmingly, and for 30 years we've had a statute of protections for those are productive freedoms for nevada's women and we felt it's important enough now to enshrine that into the constitution, so we are putting that on a ballot question in november. i am proud to sign on to that ballot and continue to advocate for women's freedom, because all of the men running against me in a very crowded maga extreme republican primary, every single one of them has a record, every single one of them wants to institute a nationwide abortion ban regardless of what they say, now, to win a primary or win this seat and we have to stop them from doing that. you can ship and to help us restore and keep women's freedom across this country. >> it's hard to think of a city that was hurt economically by
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covid more than las vegas and therefore, the state of nevada. what does the state of economic recovery from that look like in nevada? >> you are right. during covid, we experience some of the highest unemployment in the country because we had to close down the famous las vegas strip, because we did not want to see more people spread covid all across this country. let me tell you, our tourism industry is back and i am proud to serve as the senate chair of the tourism south committee -- subcommittee and the congress committee. you can see with the legion stadium, the super bowl, formula 1, the stanley cup, back to back, and wnba champions, concert at the sphere, the formula one race, las vegas is back as the entertainment and sports capital of the country so we are growing in that way and we are growing with our clean energy economy and sustainable future. we still have a ways to go, but we are coming back and i can
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tell you some of the laws we've passed that i have helped to pass over the last few years are helping bring nevada back. sustainable energy future, tourism future, and of course, for seniors, for veterans, we are working on summary policies to help them continue to thrive. >> vegas is back, senator, thank you for joining us. coming up, the new york times reported that donald trump "squinted strangely" at me, when leaving the courtroom. donald trump reportedly "glowered" at me. the artist who captured that moment in court will join us, next. it's doug... ... of doug and limu. we help people customize and save hundreds on car insurance with liberty mutual. anyway, we got a bit of a situation here. ♪♪ uh-huh. uh-huh. ♪♪
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donald trump went "full joker" on me today according to our next guest. joining us is the artist sketching the criminal trial for new york magazine. thank you for joining us. i'm going to hold this up between us. i have to put on my glasses that you saw me wearing in the courtroom today, so this will make sense to people. what did you see when he was walking? >> it's one of those moments where everybody is exhausted at the end of the day, and it's kind of, for me, everyone is vulnerable and moving back from their position in the court and
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that exhaustion, to okay, now i have to go, so people are transitioning back to their humanity a little bit. i knew that there was going to be tension as he walked back and what i observed was he turned to you, and this big smile spread across his face, not like the kind of smile, and organic smile you might share with a friend, but something -- there are many types of smiles, and he turned that mild toward you and i saw you sort of rise to the occasion and give it right back and it was kind of one of those things where no words needed to be said. >> here is what i thought he was trying to say, with what turned out to be a really crazy version of his face. he was trying to look at me and convey , without being able to say it,
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"i'm a tough guy, scary guy, i hate you, and i'm going to get you." that seemed to be what he was trying to deliver to me, and it was the weirdest stuff i've ever seen his face do and i was giving him a pretty simple smile back, which i was hoping was saying to him, "how could you be to have your life and up in this room?" >> that was all picked up without a word, and i think that's a really family-friendly way of communicating what i picked up on. >> it's the cleanup version but yes, there was a serious confidence to the look he gave you and that does not surprise me at all, but it's just in the conditions of this trial, he is not engaging the same way he has engaged in other trials, even with me.
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i have had moments where we have spoken but he sort of walks down the gauntlet and there are no words exchanged and i have not an expression like that, silently shared from trump to another person. so, it was electric. >> first timer luck. >> it was very got them, though. i do not rescind "the joker" comment. >> i thought that was perfect. the mac it was cartoonish and to the point and he demonstrated he knows how to violate a gag order. >> thank you for capturing that moment, thank you for joining us at what is a very late hour for you. you have to be up early. the mac thank you for having me. we will be right back. bac. . serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to.
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