>> success means. >> winning. >> reaching the summit means. >> trying harder every day. >> peace and fulfillment. >> i feel like i'm in the foothills. >> you have done something positive with the power that the summit has given you. >> that i haven't got there yet, i hope. >> jane goodall hasn't gotten there. i love that answer. and some of the others. eric holder. our newest summit series interrue is with justice prior and he had a lot to tell us. you can check it out online. go to msnbc.com/summitt. you'll see jane, bill, fran, tom hanks, clive davis and so many more. check it out. if you are interested. you can share them that way. because they are youtube videos easy to share with friends and family. the last word with lawrence o'donnell is up next. well, tonight, we begin at the end. because this time, the end tells you everything you need

to know about what came before that in the courtroom today. where donald trump was called the orange turd repeatedly by stormy daniels and by his own lawyer. that's right. that is how donald trump's day went today. the woman he has paid more money to than any woman he hasn't married, criminal defense attorney susan necklace repeatedly called her client donald trump the orange turd. on what she thought was an effective cross-examination of stormy daniels. so imagine donald trump sitting in that courtroom today slumped in his chair, leaving hissies closed for long stretches being forced to listen with eyes closed or eyes open to one of his criminal defense lawyers on whom he has lavished money.

listen to her repeatedly call him the orange turd. and donald trump is of course the most vain human being who has ever entered that courthouse. but his colossal vanity combined with his more colossal stupidity leaves us unable to tell what he was experiencing. a normal person couldn't be more humiliated. donald trump, was that the first time he has heard himself referred to as the orange turd? she was ordered to keep stormy daniels on the witness stand as long as possible with the trump belief that minutes on the witness stand somehow count as scores points against stormy daniels. the orange turd landed an hour into a belabored cross- examination by susan necklace that was repetitive, tedious

and almost entirely irrelevant. at 10:20 a.m., high priced lawyer susan necklace said to stormy daniels, quote, isn't it a fact that you keep posting on social media how you are going to be instrumental in putting president trump in jail? answer, show me where i said i would be instrumental in putting president trump in jail. question. all right. if we could show the witness j- 43, please. do you recognize that as your post? answer, question. question, and i don't see the word instrumental or jail. ms. necklace, blow it up a little more. she shows the post on all of the screens in the courtroom for the jurors to see and for the spectators to see and for donald trump to see. and then she says, quote, you were responding to the post someone else's post there. answer, yes. someone called me a human toil

it. so i capitalized on the joke. question. the other post, michael cohen and stormy daniels, aka, the human toilet are their star witnesses. right? answer, yes. you said, exactly. making me the best person to flush the orange turd down. answer, yes. so. susan necklace brought the orange turd into the courtroom. and kept it there. the questioning about the orange turd went on and on. stormy daniels said, quote, i don't see instrumental or jail there. you are putting words in my mouth. question, so when you said you were the best person to flush the orange turd down, you weren't saying you were going to be instrumental in causing him to be convicted of a crime? that was not what you meant? answer, no. question, what does that mean? answer, i'm pretty sure this is

hyperbole. if someone calls me a toilet, i can say flush somebody. see how that works? now trying to explain a joke to a lawyer in court is always pointless. question. you said you were going to flush president trump? answer, i didn't say president trump. it says orange turd. so, if that is what is interpreted by you, question, what do you mean? answer, i don't know what i mean. question, you have no idea? answer. i'm also not a toilet so it is all. >> i'm asking you what you knew what you meant when you said an orange turd. answer, yes i do. question, what did you mean? answer, i'm not a human toilet so if they want to make fun of me, i can make fun of me. question, you don't want to admit you meant mr. trump?

answer i absolutely meant mr. trump. it doesn't say instrumental in putting him in jail. and so it went. with susan necklace repeatedly pretending to quote things that she wasn't quoting and getting caught by the witness stormy daniels who then proved that susan necklace had mischaracterized what she was presenting to stormy daniels and stormy daniels did not spend one minute in law school learning how to do that. that is a sample of what happened in the morning. but as i said, the most important part of the day. by far. was the end. that's when judge juan merchan got the last word and provided the most important possible review of stormy daniels' performance on the witness stand. as did the trump lawyers. stormy daniels left the witness

stand at 12:23 p.m. two hours after susan had invited her to repeatedly call donald trump the orange turd to his face in the courtroom. three more far less colorful witnesses then took the witness stand and judge merchan ended testimony early today on the early side at 4:00 p.m. so the trump defense could have some time to raise two motions. both of which were denied by the judge. todd blanch was the lead defense attorney in this case. that he enters, exits, spends the day at the defense table looking like the saddest man in the room every day. todd blanche argued a motion to the judge to rewrite his gag order on donald trump to now

exclude stormy daniels from the gag order so donald trump can tweet about her now. or do whatever he does. on truth social. todd blanche insisted that stormy daniels had presented what he called a quote completely different version of events. donald trump should be free to publicly respond to that completely new version of events. the judge asked for an example of what todd blanche thought was a completely different version of events. todd blanche quoted her saying quote i felt the room spin in slow motion. and a few other lines to which the judge said i don't see a new set of facts. the district attorney argued that the additional elements of stormy daniels' testimony were not inconsistent with her previous statements. judge merchan explained why he would not change the gag order. quote. my concern is not just with protecting ms. daniels or a witness who has already testified. my concern is with protecting the integrity of these proceedings as a whole. that means that everybody sees what happens. witnesses who have not yet

testified will see what happens. they will see how witnesses who have testified are going to be treated by your client and i can't take your word for it that no, no, this is going to be low key. this is not going to be an attack. this is just going to be a response to what was said because that is just not the track record. the reason why the gag order is in place to begin with is precisely because of the nature of these attacks. the vitriol. these were very real, very threatening attacks on potential witnesses so the track record, your client's track record speaks for itself. i can't take your word for it. that he will just say hey i dispute the facts so with regard for your application for me to modify the gag order, that application is denied. and then judge merchan listened

to todd blanche's motion for a mistrial based on how devastating stompie daniels' testimony was to donald trump. he calls the testimony about what happened in the hotel room a completely made up encounter with donald trump. and todd blanche complained plaintiffly, as close to tears as any man in that room has come. to the spanking. quote. and then, questioned about president trump spanking, being asked to be spanked during the incident again. how that is relevant to why we are here when you especially when you weigh it and come par it to the prejudicial nature of that testimony. a series of questions about rolling up a magazine and spanking him? the designated family spectator supporter eric trump didn't show up today. there were no family members sitting with us in our

courtroom listening to all legal talk. about donald trump being spanked by stormy daniels. todd blanche said this is not a case about section. there should not have been any testimony at all about sex including the moments stormy daniels described right before the sex. todd quoted stormy's testimony to the judge. she says i went to step around. tried to make a joke out of it and step around to leave though i was moving like i was in a fun house. like slow motion. i thought to myself, great. i put myself in this bad situation. like, what did i do? how did i misread everything? he stood up. between me and the door. not in a threatening manner. he didn't come at me. he didn't rush at me. he didn't push his happens on me or anything like that. i said i got to go. he said, i thought we were

getting somewhere. we were talking. i thought you were serious about what you wanted. if you ever want to get out of that trailer park. now again, this is a power description. this is an extremely prejudicial statement by the witness that was never said there was no evidence that was said to ami, there was no evidence that was said to mr. cohen. there was no evidence that had anything to do with the motive of anybody involved in this case to enter into that nda in 2016. prosecutor joshglass had an answer for that. quote, mr. blanche says well she never said any of this to michael cohen or ami in 2016. she didn't speak to mr. cohen or ami in 2016. but you know who knew what happened in that room? mr. trump knew. and those details of what happened in that room. those messy details. that is motive. that was mr. trump's motive to

silence this woman before she could tell her story in 2016 less than a month before the election. so these are not. this is not irrelevant. mr. trump was aware of those details. and the fact that the testimony is prejudicial and messy. according to mr. blanche. that is why mr. trump tried so hard to prevent the american people are hearing about this. the prosecutor told the judge about additional details of the sexual encounter that stormy daniels revealed in her interview with the district attorney's office. the district attorney deliberately, the district attorney knew they wanted to minimize the details of the sexual encounter. here is what the prosecutor

deliberately left out. quote. at one point ms. daniels was asked, you know, did you feel anything unusual? now, the answer to that question was going to be i felt what it felt like to feel the skin of a 60-year-old man. i was 27 years old. and that was a different -- that was different. than anything i had ever felt before. now that's the kind of detail that would corroborate her account of having a sexual interaction with the defendant. but was not elicited. there are other details i don't want to put on the record. the prosecutor said that the defense can offer evidence that nothing sexual happened in that room simply by putting donald trump on the witness stand where he can say anything he wants about stormy daniels. there is no gag order on the witness stand. todd blanche was outraged that

stormy daniels testified. that donald trump did not use a condom. the prosecutors' response to that was that donald trump quote asked a lot of questions about the testing in the adult film industry. how often the testing happens. whether performers are required to wear condoms, et cetera. questions about that. and the reason, the reason that is relevant is it explains his decision not to wear a condom. and the fact that testimony about him not wearing a condom comes out is because the description of the conversation she had with mr. trump again corroborates her story. todd blanche asked to speak again very briefly after the prosecutor completed his argument. mr. blanche, very briefly, the court, very briefly. i mean, judge, what they are saying is not true. so for example, the people just told you that ms. mcdougal was not on the witness list. the court, i'm not going to get

blogged down on that. but judge, the court, it's not relevant to this motion. that's why i'm saying very quickly whether she was going to be called or not has nothing to do with this motion for a mistrial. mr. blanche, but it does, your honor. the court, no it doesn't. i'm making the ruling and i decide whether it does or it doesn't. i'm telling you it doesn't. now, it is so difficult to convey. how angrily and brusquely judge merchan treated him in that room. it is not something we have seen in the courtroom before. because judge juan merchan is normally a mild voice, calm speaker in court who makes you lean forward to hear him. and you always do because he is so clear.

and the quick intensity of his speech slightly as he did, has an enormous effect in that room. it is bombastic in its way. judge merchan plays his role in such an understated way that when he leans into anything, it lands like an explosion as it did today. so judge merchan after ordering todd blanche to sit down again, launched into his decision on the mistrial saying that he agreed that the mention of the condom should not have come out. and what he could not understand is donald trump's defense lawyer susan necheles did not object. for the life of me. i don't know why she didn't

object. she had just made about 10 objections. most of which were sustained. why on earth she wouldn't object to the mention of a condom i don't understand. and so it went. for most of the issues raised by todd blanche. but the crushing blow to todd blanche's motion and to todd blanche's work as a lawyer in this case came when the judge explained to him with donald trump sitting there listening, that todd blanche lost this motion for a mistrial with the very first thing he said in this trial on the first day. judge merchan. mr. blanche, in your opening statement, your denial puts the jury in a position of having to choose who they believe. donald trump who denies there was an encounter and stormy daniels who says there was. the people did not have to

prove that a sexual encounter occurred. they have the right to rehabilitate ms. daniel's credibility and corroborate her story which was immediately attacked. the more specificity she can provide, the more the jury can weigh to determine whether the encounter did occur and if so, whether they choose to credit her story. judge merchan pointed out that he himself objected on behalf of the trump lawyers in instances when they failed to object. and on his own, he stopped lines of questioning. judge merchan explained that stormy daniels had explained in her interview with the district attorney that seeing the movie bombshell made her review her own thoughts and feelings. about what happened. in that room with donald trump. the movie bombshell was jay roach's brilliant film, and the

horror story of roger ale's sexual assault and rape of women working at fox news while roger was running that poisoned workplace. the judge said quote, ms. daniels had watched this movie years later and it was at that point that certain memories came back and certain explanations came back to her for her feelings. i ruled immediately that could not come in. i felt that somehow to inject roger ailes into these proceedings would be unduly prejudicial to your client and i did so even though these feelings of the numbness of hands, the room spinning, the blacking out went unexplained and i did that to protect your client. i disagree with your narrative that there is any new account here. i disagree there is any change in story. what has happened is people have gone into more detail than

they original planned and the fact you went after her on opening statements. attacking your claim they never had sex. you didn't attack that there was a fabrication of business records. you didn't attack any of the other elements of the offense. you said my client denies there was ever a sexual encounter. again as i said before, right off the bat. that puts your clients' words against ms. daniels word and that allows the people to do what they can to rehabilitate her and corroborate her story. your motion for a mistrial is denied and i will see you tomorrow at 9:30. at 9:23 a.m. today, donald trump was in the hallway before entering the courtroom. giving one of those five-minute speeches of his to the cameras while ignoring every question he was asked. and he said, then, quote, i want to thank my lawyers. they have done a very good job.

that was exactly one hour before susan necheles called him the orange turd and it was seven hours before judge merchan crushed and humiliated his criminal defense lawyers. judge merchan said this is not todd blanche said this is not a case about sex. but judge merchan said todd blanche made the mistake of making this a case about sex in his opening statement. andrew and lisa were all there with me today at the courthouse. they will join us next. courtho they will join us next. george! [ phone ringing ] george, can you get that? george!

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leading off our discussion in the courthouse crowd. adam who was in the courtroom and will be with us there every

day. also lisa. an msnbc legal correspondent. andrew weissman. coauthor of the trump indictments. we are all there today. this courthouse as you know becomes a community. and especially as they go over time. much of the audience is the same as the the case in this place. and we have all in this community come to know the leader. the judge. and i want to begin with you on this point about the losing the motion for the mistrial in the worst possible way you can lose that motion. something you said in your opening. >> legally what was going on, if you open the door to an

argument. you can't complain. you can't say but you don't get to respond. so, that's what legally was going on. i think the reason is that judge merchan who is usually so to lite and calm. and he has such a great judicial temperament. the reason he was annoyed is i can't say for sure, but every bone in my body tells me this is calculated on the defense part. this is not sort of oh, we forgot to object. susan necheles is very experienced. she doesn't forget to object. they want this in the case. it is an distraction. >> what is the calculation? >> in summation. look what they did with the case. they tried to calm stormy daniels. they wanted this to be as salacious as possible. they want to bring in all of this stuff. that is why you heard about condoms and this, that, and the

other. that allows them to do something. to this point, there is no counter narrative. there is nothing there. as we all sit here, there is one narrative consistent with the evidence. but they have to do something. you will hear look at the birdie over here. so, that is why the district attorney knows this is what defense lawyers do. come on, you know they are going to use it. he knows it. in a case like this, he is expecting a slightly better comportment from the lawyers saying am not going to listen to gains manshipment you should have objected and you didn't. good luck on appeal. the rule on appeal, if you don't object, you can appeal but the standard is really hard.

if you made the calculated decision not to object. >> what stood out to you today? >> so many things. >> what stood out to me today is the preferential treatment. by the defense. of course, stormy daniels who continued to be on cross- examination today. we talked about the fact stormy daniels was 27 years old when the incident in question happened. madeline when she was fired from the white house for indiscreetly sharing details about how trump felt about his daughters and her in comparison. she was 28. and yet, on her cross- examination, after she had broken down about that youthful indiscretion, what did susan say to her? you were very young and you made a mistake and he has forgiven you for that mistake. all i could think about was the

woman you excoriated this morn for her life choices for not having the same college education and polish that madeline had over here. the woman you called a sex worker though what she did for a living was not being paid to have sex with people. you did that deliberately. they were the same age. and but for the grace of god, they could have had the same life experiences and they didn't and that difference in treatment between stormy daniels who was treated like a pariah for having the audacity to be an exotic dancer and adult film actor and madeline treated like a victim for leaving her white house job. that stuck with me. >> susan you get the feeling was under orders from donald trump to keep stormy daniels on the witness stand and torture her. she did keep her on the witness stand much longer than necessary with a lot of junk

that was largely irrelevant. the question of susan. and he did very well at the golf tournament right? stormy daniels, i don't remember. susan necheles, he was playing golf himself. >> he was playing golf. i don't remember what the scores were. because i get to sit beside adam and he is active on the laptop and he could fact check this with a social media assist, we discovered that donald trump came in 62nd out of the 80 so-called celebrity golf res there. and that maury povich, he came in 30th. way ahead of donald trump. but that is one of the ways she so pointlessly stretched out this cross-examination this morning. >> absolutely.

and that was probably the kindness word that stormy daniels said in response. i don't remember. maybe her memory just faltered. there was a moment explaining jokes to a lawyer and the thing that struck out at me was how funny and witty and disarming stormy daniels was and that was a weapon she used to defend herself in cross-examination. because there was just a stark contrast. a stark difference between the stormy daniels that took the stand on tuesday. she was nervous. racing through her testimony. and had to be reminded something like five times to slow down for the court stenographer and the confident witty person on the stand engineering on the spot as if

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this afternoon, this book came into evidence in the case. 2007 book by donald trump called think big. there were some statements donald trump wrote in the book

that were quoted in court today. including this line. this woman was very disloyal. and now, i go out of my way to make her life miserable. wasn't talking about stormy daniels. and several other ugly posts like that. what did the prosecution establish? >> there was a theme with this carper collins witness. particularly donald trump values loyalty. and particularly, alan weisselberg is loyal. and so you have as a matter of fact, a value of loyalty above everything else. and then, as an example, people like alan are great and have proven themselves over many years. why is that important? we know already. and it really can't be disputed that he knew all about the hush money payments. he was the one who authorized

the $130,000 payment times two. we have it in his own notes. so we would have to believe that he against trump organization rules, he did it on his own. he never told donald trump at the risk of fired, had nothing to gain, everything to lose and the scheme. the way he would have to pull this off involved sending donald trump the checks and the fake invoices and hope that for a year he doesn't ask the question. to, the idea that they were going to have to say he was disloyal is what they were trying to show that is a preposterous argument that he himself thought this was a loyal employee of his. >> lisa, one of the things that

makes this a good trial to watch is that every witness turns out to have something that matters. you know. when the woman from the publishing house got onto talk about this book and she is going to read some quotes that donald trump wrote in here. youthy okay, how much can that be? turns out they are confessionary quotes and you get this woman you mentioned who use today work in the white house, basically handling donald trump's mail. and she spends a very long time confirming the fedex receipts that she got from the white house. and then, she also throws in oh yeah, i was working at the republican national committee during the presidential campaign and when the access hollywood tape hit, they had conversations about changing the candidate. that is the single most dramatic statement under oath about the way the access

hollywood tape landed and that came from out of nowhere many the testimony. >> it did. but they know what they are doing. >> and we are like oh. >> i thought about what people said this trial was going to be before it started. people were talking michael cohen. he has been talked about a fair amount. but he hasn't walked into the courtroom yet. think about all of the evidence we have seen. whether it is tweets or texts or admissions from three different books at this point. fedex receipts. bank statements. they are surrounding michael cohen with evidence as tall as he is. his narrative the only one that stands. the only person other than trump. he is scaffolds by all of this

evidence documentary mostly. but even the off the cuff statements like someone like madeline testifying to yeah. i gave him the checks and he did look at them before he signed them has the off the cuff admission about what she saw at the rnc. brilliant lawyering going on. this is what alvin bragg was doing when he came into office making sure if he were to bring this case, they had all of this kind of evidence. much of which is not in the contemplation of mark pomeranz's book. i don't remember hearing about this kind of evidence. about whether donald trump was so cheap that he would think about spending $650 for a tiffany frame in which he plays a picture of his mother. they are trying to establish this is a person who is parsimonious about everything except repaying michael cohen. >> so there are scenes of donald trump signing checks at the white house. that $650 at tiffany's was

really effective. this guy is a micro manager. check everything yourself.. he says hire the best people you can and then don't trust them. that brings us to where this is all going eventually. which is the delivery of these checks to the white house for donald trump to sign and the testimony brought michael cohen physically into the white house presumably at a time when at least one of the checks is being signed. >> absolutely. to lisa's point and your point about the fact donald trump pinched every penny. and that is the importance. donald trump is not going to

allow michael cohen to be paid $420,000. a significant sum more than the $120,000 without accounting for it. it is patently ludicrous. that is where the power of that exchange in that email about the tiffany frame. this was a frame for his mother. >> are you sure you want to spend 650. >> and all of his subordinates know about this. it they know it will be a little pricey for the president. >> and he gets a 15% discount to tiffany's. we'll be right back with more on the trial. on the trial. ite when our skin touches wool... you see why we need downy free and gentle with no perfumes or dyes. it not only makes your clothes softer, it is gentle on your skin. it breathes life into your laundry.

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stormy daniels was asked by donald trump's lawyer, so you have a lot of experience making funny stories about sex appear to be real right? stormy daniels, she laughs about it, that's not how i would put it, the sex in the films is very much real, just like what happened to me in that room. and andrew, that's one of those moments where she just tacked on something on the end of an answer about the sex in the room was real. >> seeing her today, this is the bad part about the fact that it is not televising those audio, people here the second hand, she was smart, careful, unflappable.

there is no way that the absent was -- defense was not upset and the government was happy. i want people to understand the surreal quality of what is going on. the witness, stormy daniels, it does not matter whether she is believed or not, this is an exhibit, in terms of this is the story they wanted to keep quiet even if it's not true. it's not the witness that you hammer and tongs cross- examination. hope hicks gave devastating testimony, direct conversation from donald trump's mouth. david packer, beyond devastating, there was a scheme, i had directly with donald trump, to catch and kill, to foment false stories, deliberately false stories with a political candidate. those are two witnesses that you needed to come up with some

argument that you are going to make to the jury as to why they should not be believed. those of the witnesses you need to attack, because that is the legal plane, if you think about what happened today, this was a cross for a political plane, but it made no sense for the witness to be subject to that cross. >> because donald trump is a little too litigious, there's a california case that was entered through stormy daniels testimony which andrew has been talking about repeatedly, it went and very quietly today, the da did not make a big deal of it, and in the california case where donald trump was suing stormy daniels, donald trump admits in writing under oath, i reimbursed michael cohen for the $130,000 that he paid to stormy daniels. so it is not a contested fact in this case.>> no.

and also will be a contested fact after your friend, the paralegal at the das office comes back to testify again on more custodial records. why do i say that? because we know she's not done but we also know that when she comes back, here are the tweets that i expect to enter the record, three tweets on may 3, 2018, in which donald trump and so says, not under oath but on twitter, yes that's what i did i paid michael cohen back, he goebbels the words and refers to it as a retainer but it is an admission as damning as the one he made -- he gobbles the words a little bit. one thing that is blowing my mind, there was a point during the cross, there is no way to check on the details of what you claim happen right, and she said no, i did not know that, and she continues, this supposedly sexual encounter

occurred 18 years ago right, supposedly just you and the hotel suite and you kyle wright, was absent is the recognition, of course is way to check whether it happened, it's called your client, but we all know at this table he's never going to take the stand. while i share andrew's impression that susan is a very capable lawyer, i was flabbergasted that they would enter into this line of questioning, because there is a way of checking on it, she herself is the way in checking on it, the messy details are truth of the motive he had, he knows what the messy details are because he was there. >> adam, we eliminated a witness on the list of people thought might be coming, susan mcdougal, who had been the -- karen mcdougal, who had been the

playboy model, she got the deal, her compensation came directly through the national enquirer, and that was part of david packer's testimony, so it was a building block of the case, it seems like the prosecuting -- prosecution announcing she won't testify, they feel it's been built enough and that peace, they passed by it in effect. >> absolutely right. it seemed clear for a while that they didn't need her, she is background and contents, her story was amply told by david packer, and the fact of the matter is, when stormy daniels' testimony started on tuesday, there was a lot of stop and go with objections and sustained objections, going into territory that the judge was uncomfortable with. the prosecution just eliminated that by taking her off the witness list. >> one of the mistakes for the defense in keeping her on the

witness stand as long as she did, the room is just getting more and more accustomed and used to their new neighbor, stormy daniels, no matter how peculiar she might have seemed when they first met her, by the third day of being in the group, the defense is making everyone on the jury more comfortable with her. we have run out of time, adam, lisa, andrew weissman, we could go on and on, thank you for joining on this important day, we will be right back. back. >> tech: does your windshield have a crack? trust safelite. this customer had auto glass damage,

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