Skip to main content

tv   The Last Word With Lawrence O Donnell  MSNBC  May 3, 2018 10:00pm-11:00pm PDT

10:00 pm
actress, payments that he has falsely disguised as fees that he was paying to a lawyer for legal work, even though that lawyer is not actually doing any legal work for that money. and that is not the i said, the here, but apparently we all have to stay in this dark theater th playing it out. that does it for us tonight, we'll see you again tomorrow, now, it's time for "the last world" with lawrence o'donnell. >> i'm getting the feeling i did not oversell rudy giuliani's interview last night, it was happening during the same hour that you were doing your show. now that you've gotten the chance to see it, i see you were
10:01 pm
as kind of enthralled by it as i was. >> there are a number of things that the president and his lawyer mr. giuliani are now -- um -- copping to, maybe is the thing they're going to say. that you would think would have to be pried out of them, you know, with the search warrant, a subpoena, you know, at least being under oath. the fact that they're volunteering this stuff, because they think this is the best possible foot forward with the unpublic explaining their behavior, is mind-bending. and i don't know where this goes from here. i don't know what you do after you confess. >> it's funny how stories change after an fbi raid. >> yeah. >> suddenly, they have a new view of what happened. >> yeah, and so they have to put a new spin on them, but they realized they have to admit to the behavior. they are spinning it as best they can. this really does feel to me like in the movie, the plot is over, like, we know what happened, bad guys got caught, we have transparency now, we get how it all ends up.
10:02 pm
usually in the movie, we're getting ready for the credits. at this point, i still think the credits are a long way off, but the story's done. >> yeah, it is a very strange place to be. >> yes, thank you, lawrence. >> thank you, rachel. >> thank you, lawrence. >> thank you, rachel. the truth about rudy giuliani is that he's not really a lawyer. he just plays one on tv. he's licensed to practice law, still a lawyer, still technically a member of the bar and has his license, but he hasn't work as a lawyer since the early 1990s when he transitioned from federal prosecutor to politician. so if you think back to something you were really good at in 1988 and have not done since, that's how good -- that's how good a lawyer rudy giuliani is. which he has been demonstrating in his fox news appearances last night and this morning. where he has caused more legal problems for his client, president trump, than any other lawyer involved in the president's life so far, including robert mueller. sure robert mueller is probably
10:03 pm
going to create more problems for the president but as of now, as of tonight, rudy giuliani has publically created more problems for the president than robert mueller. rudy giuliani isn't really the president's new lawyer as we've been calling him. he's the president's new legal spokesperson. his job seems to be to go on tv and take questions about the case but not necessarily answer questions about the case. the president's real new lawyer, and he does have one, is the kind of lawyer presidents usually do have around them. rudy giuliani is not that kind of lawyer. the president's real new lawyer is emmet flood, who has had a distinguished legal career in a washington law firm, he served in the white house council's office in george w. bush's white house, and emmet flood has the rarest entry that exists on legal resumes in the united states, he is less than one of a half a dozen lawyers in the world who can say they worked on the legal defense of the
10:04 pm
president of the united states in an impeachment trial in the united states senate. emmet flood was one of the junior members of president clinton's legal defense team during his impeachment trial in the senate. he's now the lawyer that replaced ty cobb, where emmet flood will take up that position as the lawyer in the white house, who's coordinating with the president's outside legal defense team. and you have not heard a word from emmet flood. you do not know what emmet flood's voice sounds like. you haven't heard a world from emmet flood about this case because emmet flood has made the choice that any serious defense lawyer, who's a real lawyer, would make and that is, of course, the choice to say absolutely nothing. in the meantime, rudy giuliani, has made the opposite choice. but if, or i suppose we should say when, the trump case goes to the united states supreme court
10:05 pm
with president trump arguing that he does not have to comply with a subpoena from special prosecutor robert mueller, it will be emmet flood who stands and speaks before the united states supreme court. rudy giuliani will not be allowed to say a single word. because, in the supreme court, even donald trump knows he needs a real lawyer. so the good news for the president is that he now has one lawyer with some experience on the defense side of an impeachment trial in the senate of a president of the united states. and the bad news for the president is that he now needs a lawyer with some experience on the defense side of an impeachment trial in the senate of the president of the united states. it's worth pausing right here for a moment over the exquisite irony of this. the only lawyers alive who have experience in a senate impeachment trial of the president are bill clinton's
10:06 pm
impeachment lawyers and both donald trump and now rudy giuliani have been arguing that if a lawyer has any past association with the name clinton, that lawyer should not be a allowed to be a member of robert mueller's team. so if giving $500 to a clinton campaign sometime in your life disqualifies you from the office, how about defending bill clinton from his impeachment in the senate. imagine if robert mueller devoted emmet flood, fox news would devote an hour to the character assassination of emmet flood because how could he be fair in an donald trump impeachment trial. we'd never hear the end of it on fox news. emmet flood joining the trump legal team proves he knows he's lying about the unfairness of the robert mueller team. rudy giuliani knows he's lying about robert mueller's team when he says this.
10:07 pm
>> the president right when he says witch hunt? >> yeah, sure. you can't explain this any other way. >> a gog. it's a word you don't see in newspapers often, in fact, i don't think i've seen it before. it was in their report today of how people in the white house reacted toll rudy giuliani's performance. quote, the white house council had no idea, neither did the white house chief of staff nor the white house press secretary nor the new white house lawyer, they watched agog as he freestyled on live television wednesday night about the president's legal troubles and unveiled an explosive new fact that trump reimbursed his long time personal attorney michael cohen for the $130,000 paid to stormy daniels.
10:08 pm
rudy giuliani went on "fox & friends" to try to smooth over the mountain of lies and inconsistent statements now that have been told by donald trump and michael cohen about the stormy daniels payment. michael cohen's first statement about the stormy daniels payment was on february 13th which he said he was not reimbursed for the payment either directly or indirectly. april 5th on air force one the president was asked did you know about the payment of $130,000 to stormy daniels, his answer was no. he was then asked why michael cohen made the statement. he said, you'll have to ask michael cohen. so the fox hosts asked rudy giuliani, why? why this morning? michael cohen why he now said -- why he said he was not reimbursed if he really was reimbursed? >> i remember when michael cohen was interviewed about it, and it seemed like he was saying that he was never reintercontinental
10:09 pm
ballistic missile -- reimbursed that $130,000, now it sounds like the story is changing. >> he was definitely reimbursed. no doubt about it. >> why did he say he wasn't? >> maybe -- maybe -- first of all, if we had to defend this, it's not being a campaign contribution, i think we can do that. this was for personal reasons. the president had been hurt personally, not politically. personally so much. and the first lady by some of the false allegations. >> so rudy giuliani has no answer about why the reimbursement story has changed. and we should watch for that particular technique in answering a question when he begins with maybe, maybe, and then just changes the subject. his technique when he has no answer is to just verbally warned off in some new direction. and he has a enough story about when donald trump learned that he reimbursed michael cohen. >> he didn't know the details of
10:10 pm
this until we knew the details of it, which was a couple weeks ago, maybe not even a couple weeks, maybe ten days ago. >> okay, god it. two weeks ago. two weeks ago was ten days after the raid of michael cohen's apartment, hotel and office. so now we're being asked to believe that donald trump didn't know, until after the raid, that donald trump had already reimbursed michael cohen with a series of reimbursement checks that began a year before. rudy giuliani believes, like most trump associates and lawyers, that donald trump is completely incapable of speaking to the special prosecutor without committing a crime right before the prosecutor's eyes. >> now they go to obstruction of justice, collusion among their -- the players. what they're really trying to do is trap him into perjury, and we're not suckers. >> no.
10:11 pm
we're not suckers. because we're not going to let the president commit a crime right in front of the special prosecutor. a crime that he can only commit if the president chooses to commit the crime of perjury. because, of course, there is no such thing as a perjury trap. a trap is something that you can't get out of. all you have to do to avoid a perjury trap is tell the truth. something donald trump's lawyers believe he absolutely cannot do. joining us now barbara mcquade, matt miller, msnbc contributor, and michael izzakoff. >> barbara, there's so many points to go over here, and i'm happy to have you take your pick.
10:12 pm
but working backwards from this idea of perjury trap, which is now -- this is now rudy giuliani's big talking point, is that the special prosecutor is going to trap him, going to somehow force the president of the united states to commit perjury, as if donald trump has absolutely no control over his own ability to tell the truth. >> it's really nonsense, the phrase perjury trap is used by prosecutors to mean calling someone before the grand jury when you have no legitimate purpose for doing so. the only reason you called them is not that you have any legitimate questions but solely
10:13 pm
to catch them in a lie. it's prohibited under department of justice policy. there's lots of questions that bob mueller wants to ask president trump. and it's president trump's decision whether he wants to tell the truth or not. so any perjury would be in the control of the president. there may be strategic reasons not to choose to sit down for an interview but this is no perjury trap. >> michael, it seems rudy giuliani has not even glanced at campaign finance law. he seems to think that if donald trump has reimbursed michael cohen, then there's no campaign finance law violation, of course, there's plenty of violations here, none of this was reported in the campaign finance reports as it must be. but giuliani seems to think his whole mission is to save donald trump from a campaign finance law violation. >> the
10:14 pm
days ago, which is apparently what giuliani said on "fox & friends" this morning, is belied by the fact that he was making the payments, you know, starting in early 2017. and it's -- you know, the idea the president, as president, would be writing checks to michael cohen without even asking why he was writing them, you know, is just, you know, defies reason. but, you know, on the campaign finance issue, i don't think it's as clear cut as some people would like to be. remember, the justice department tried to -- indicted john edwards for campaign finance violations about money paid to the woman he had impregnanted, and it lost. and i think it's going to hinge on what sort of -- either a witness or e-mails or other communications that clearly link the payment to what's going on in the campaign.
10:15 pm
yes, the timing is highly suspicious and that's the reason we have the investigation going on, but i don't think the timing enough is -- the timing in and of itself is enough to make a criminal case on this matter. >> let's listen to what rudy giuliani said he believes attorney general jeff sessions should do now. >> the basis of the case is dead. sessions should step in and close it and say enough's enough. >> matt miller, your reaction to that. >> i think he was talking about the campaign finance case against michael cohen and potentially against donald trump. a couple things about that. first of all it's not at all clear that case is dead. obviously the prosecutors for the southern district of new york are pursuing it aggressively. but i think it would be a mistake to assume they are only investigating campaign finance. there's no way those prosecutors and fbi agents would have raided the president's personal
10:16 pm
attorney's office if they weren't looking for something more than campaign finance. is it michael cohen's personal dealings and nothing to do with donald trump or is it something to do with dealings with donald trump back before he was president of the united states. so to now ask the attorney general -- who by the way, if it was campaign finance issues should be recused because he was a member of the campaign, to ask him to step in and kill a lawful investigation is rudy giuliani asking jeff sessions to obstruct justice only he's not doing it in secret, he's doing it in the open just like the president does when he tweets what he wants the attorney general to do and what he wants the attorney general and deputy attorney general to stop doing. it's this open corruption we see from the president and members of his team out in the public for everyone to see. >> let's listen to what rudy giuliani said today about
10:17 pm
questions that were written by the trump team, leaked by the trump team as a summary of what the special prosecutor wants to ask the president. >> look at the questions, they don't think collusion is dead if you look at the 52 questions we saw. >> ridiculous questions, what did you think? what did you feel? what were you dreaming? i thought freud wrote them. >> i guess he didn't read them. i didn't see any questions about the dreams. >> he's trying to ridicule them about being too outside the scope of the investigation. it's been reported that robert mueller's team conveyed the topics they wanted to talk about and it was jay sekulow who actually wrote out the questions themselves. to the extent he's criticizing the phrasing of the question that could be jay sekulow and not robert mueller but even if
10:18 pm
it is robert mueller asking what the president knew, what he was thinking, is fair game and questions that need to be asked right now because the essential element of obstruction of justice is corrupt purpose, intent, and the only way to ascertain that is to find out from president trump himself. this is president trump's opportunity to tell his side of the story. if he doesn't want to avail himself of that, the time may come when robert mueller moves on without listening to him. but it's important that president trump explain his motivations behind these decisions because that's the essence of obstruction of justice. >> giuliani is proving to be the most undisciplined public thinker and speaker in the trump legal team, especially when he said something about the timing of the stormy daniels payment
10:19 pm
this morning when he was trying to make the case that this payment had absolutely nothing to do with the presidential campaign, and then giuliani brought up the timing of it. let's listen to this. >> imagine if that came out on october 15, 2016, in the middle of the last debate with hillary clinton. >> michael, there it is. there's the rationale for how this contribution -- >> that could be the evidence that prosecutors would want to use. look, i actually think the more serious legal issues about the disclosure about the president reimbursed cohen gets to the fact he didn't disclose it on his financial disclosure form. this was in effect a loan he had gotten from michael cohen. cohen puts up $130,000 in the first place, and then trump reimburses him. so i actually think that may be a more serious matter than the campaign finance. but look, it all is going to depend on what the communications are between michael cohen and the lawyer for stormy daniels, and stormy
10:20 pm
daniels herself. was it discussed in the context of the campaign. >> michael gets the last word. when we come back, rudy giuliani did something today that donald trump has not dared to do. rudy giuliani insulted michael avenatti. we will show you what rudy giuliani had to say. we'll show you his attacks on michael avenatti. and michael avenatti is here to respond.t ve got an idea sir. get domo. it'll connect us to everything that's going on in the company. get it for jean who's always cold. for the sales team, it and the warehouse crew. give us the data we need. in one place, anywhere we need it. help us do our jobs better. with domo we can run this place together. well that's that's your job i guess.
10:21 pm
♪ let your inner light loose with one a day women's. ♪ a complete multivitamin specially formulated with key nutrients plus vitamin d for bone health support. your one a day is showing.
10:22 pm
10:23 pm
this morning rudy giuliani had a few things to say about my next guest. >> so i got to bring michael avenatti who represents stormy daniels to -- he wants to get a tv show or something. >> yeah. >> he watched your interview -- >> the tv show he can get is ambulance chaser. he's trying to make up for what he thinks -- he's trying to make money. turned out, when you looked at it, they figure they should have gotten a lot more than $130,000, it should have been in the seven figures. is this guy going to give up his one third of it? i doubt it. he's going to take that money and jump in the next ambulance. joining us now michael avenatti. any reaction to rudy giuliani? >> the only ambulance i have chased in my nearly 18 year legal career is the one i'm chasing right now driven by rudy giuliani and that's the
10:24 pm
ambulance trying to save this presidency that is about to be announced doa. i take it, look, we're doing a hell of a job and the best evidence is i have rudy giuliani and other people calling us names, calling me an ambulance chaser. the reason is they can't deal with the facts and the evidence and the reality of the situation that they have been caught lying to the american people, the president has been caught on air force one lying to the american people. michael cohen is about to be indicted and he's been caught lying to the american people. so you know what, i hope they keep calling me an ambulance chaser because it proves my point we're doing a hell of a job. >> i want to go to something michael isikoff just said at the end of the segment. he said what if there was communication with stormy daniels, with stormy daniels counsel about getting this $130,000 settlement done when it was done because of the timing
10:25 pm
of the campaign. are you aware of any communication with your client or your client's counsel, in october of 2016, as they were closing this settlement agreement that involved the timing of the campaign? >> you know, our case has been pending almost two months and i made a lot of tv appearances and i've gone on a lot of shows and i've been interviewed a lot of times and a lot of people have commented on that, i've never been asked this question, and it's perhaps one of the most important questions and i'm going to answer it right now. there were extensive communications between michael cohen and keith davidson in october of 2016 relating to the timing of this payment and the need for the payment to be made prior to the election. extensive communications relating to the need for the payment to be made when it was made and as it related to potential influence on the
10:26 pm
election. period.mlm >> and keith davidson was then stormy daniels' lawyer? >> correct everyone involved in this transaction around the time knew the importance of the payment as it related to the election. so any claim that the payment had nothing to do with the election is completely bogus. there's no question it had everything to do with the election. >> based on what you know, do you expect that in the fbi raid one of the things they're going to find in e-mails or other communication systems that they have seized, do you think they will actually find some of the communication, at least, between michael cohen and stormy daniels' lawyer at the time saying this timing is about the campaign? >> i believe that they will find that. and i hope and pray that the
10:27 pm
reports of michael cohen recording conversations with other parties unbeknownst to them are true. because if he recorded conversations with keith davidson in the month of october of 2016 relating to this, there will be no question as to whether this was done in an attempt to influence the 2016 presidential election, lawrence. >> so if keith davidson within the other lawyer in this case representing stormy daniels is called to testify about this, stormy daniels can release the attorney/client privilege that keith davidson would otherwise be held by and he can be allowed to answer questions about what exactly michael cohen said. >> that's correct. depending on the question and whether the privilege has been waived, et cetera. and asmsu] i said in the past w going to cooperate, we are cooperating with the u.s. attorney's office in the southern district of new york. i want to be clear, lawrence, there was never any question this had anything to do with the 2016 election, and any claim it was just a coincidence or the timing doesn't prove or amount to proof that this had something to do with the election is complete and utter nonsense.
10:28 pm
>> this completely wipes out what rudy giuliani was trying to say today even though when he was trying to say it, he himself got it wrong saying imagine what would happen if this came out in october of 2016, what you're telling us tonight is there was an awareness on michael cohen's part that the job he was trying to do was to make sure this story was hidden during the presidential campaign in order to benefit the presidential campaign? >> there's no question about that. look, rudy giuliani at one time was a really good lawyer, at one time was a really good mayor. he's no longer ready for prime time. >> he's been out of it since 1988, in terms of lawyering, anyway. this really is a breaking news event here with you telling us that you are aware -- i want to make sure we have this straight. you are aware of clear and convincing evidence that michael
10:29 pm
cohen was communicating with stormy daniels' lawyer at the time about the urgency of getting this settlement and this payment done in october of 2016 because it needed to be done because of the presidential campaign? >> yes. >> that's it. michael cohen has added now a completely new dimension to this story. this is going to be fascinating to see how the trump legal team responds to this, because this makes everything that one could ask for, in terms of the elements necessary to define this as a campaign contribution. >> absolutely, lawrence. and if the president is watching, if you'd like to go on "fox & friends" tomorrow morning, together with mr. giuliani, i would encourage you to do that, please spend a lot of time there because we certainly would appreciate it. >> it's going to be fascinating to see what their answer is to this. michael avenatti thank you very much for joining us tonight and thank you for the breaking news you just created here. i really appreciate it. we'll have more from this breaking news from michael avenatti when we come back.
10:30 pm
so they're starting this year's garden with miracle-gro potting mix and plant food. together, they produce three times the harvest to enjoy... and of course, to share. this soil is fresh from the forest and patiently aged to guarantee more of what matters... every time. three times the harvest. one powerful guarantee. miracle-gro. guarantee. and so should you. on struts, brakes, shocks. does he turn everything to gold? not everything. now get $100 back on a 2-axle brake service with your midas credit card. book an appointment online.
10:31 pm
( ♪ ) it's the details that make the difference. only botox® cosmetic is fda approved to temporarily make frown lines, crow's feet and forehead lines look better. it's a quick 10 minute treatment given by a doctor to reduce those lines. ask your doctor about botox® cosmetic by name. the effects of botox® cosmetic, may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyelid and eyebrow drooping and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications including botulinum toxins as these may increase the risk of serious side effects. the details make a difference. the man makes them matter. see real results at
10:32 pm
ttrusyou and lantus.atter. you go together, so stay together. ♪ stay together with a $0 copay, you've got zero reasons to leave, and every reason to stay. lantus is used to control high blood sugar in people with diabetes. do not use lantus to treat diabetic ketoacidosis, during episodes of low blood sugar, or if you're allergic to insulin. get medical help right away if you have a serious allergic reaction such as body rash or trouble breathing. don't reuse needles or share insulin pens. the most common side effect is low blood sugar which can be life-threatening. it may cause shaking, sweating, fast heartbeat, and blurred vision. check your blood sugar levels daily. injection site reactions may occur. don't change your dose of insulin without talking to your doctor. tell your doctor about all your medicines and medical conditions. check insulin label each time you inject. taking tzds with insulins like lantus may cause heart failure that can lead to death. stay together with the lantus $0 copay. ♪ let's stay together talk to your doctor or visit
10:33 pm
we're back now with more on the breaking news that michael avenatti just created right here on this program when he said that he has extensive evidence that the timing of the payment to stormy daniels in october of 2016 was based on the presidential campaign and that michael cohen communicated that directly to stormy daniels lawyer at the time. joining our legal discussion now harry litman, and barbara mcquade and michael avenatti is with us. we have two former federal prosecutors here. michael, repeat what you know
10:34 pm
about the evidence of the motivation for the timing of the payment michael cohen and donald trump's motivation for the timing of the payment. >> there were extensive discussions in october of 2016 when this was being negotiated relating to the fact that the payment had to be made prior to -- or well in advance of the presidential election, the 2016 presidential election. so this whole idea that the payment had nothing to do with the timing associated with the election or happened to just be a coincidence is completely go bogus. everybody and their brother knew it had to do with the election, it had everything to do with make sure nothing was disclosed prior to the election. it had to do with the payment and receipt of the election, period. >>80?iñ harry litman, i think we see that as a product of the fbi raid because the way i've seen
10:35 pm
michael avenatti conduct himself in the case, i have ever reason to believe what he's saying is true. when and if this evidence is revealed, what does it do to the claim this was not a campaign finance violation. >> the first thing it does is bring cohen himself a giant step toward a campaign finance violation and puts the lie to his claim that this was just a sort of a favor for a friend and he was concerned about the affect on his yd"ñwife. but now you add into that what giuliani said yesterday, which basically, you know, he was trying to do a delicate dance, but he is no fred astaire. and the implications of what he said is to make trump much more likely to be aware of what was
10:36 pm
going on with the payments and that means if there's strong evidence that they were to influence the campaign, that brings trump a giant step toward co-conspirator liability for the same crimes. >> barbara mcquade your opinion on what michael avenatti revealed that stormy daniels lawyer and michael cohen participated in discussions about how important the timing of the payment was for the presidential campaign? >> i think it's very significant. one of the things you have to prove is the payment was designed to influencetk the election, that's why it's a campaign violation, and not some other purpose.
10:37 pm
getting it done before the election is for that purpose. the statement is consistent with other things we know. the timing on its face has some suspicions there. but the comments from giuliani that you couldn't have this revealed on the eve of the debate, especially after the release of the "access hollywood" tape so that is evidence that would prove this was a payment made for a campaign as opposed to some other reason. i don't know that we'll see this, but at no point the prosecutors will have the information and use it to build a charge against michael cohen or perhaps even against president trump himself as harry said. >> let us remember we're not only talking about the evidence of the search warrant. i am her subsequent counsel. so in my role i have undertaken efforts to obtain all documents relating to mr. davidson's representation of my client. we haven't received everything yet but i received a lot of information, and i have had conversations with various
10:38 pm
individuals relating to that representation. when i make these statements it isn't me out there hanging it out, i'm not pulling a giuliani, i'm pulling a avenatti, and when you do that you have facts and evidence to back up what you state as opposed to some nonsense you peddle to the american people on fox. so when i'm doing that you have evidence to back up your statements. >> you touched on this, but when a lawyer takes over a case from another lawyer, especially a civil matter, one of the routines is handing over the case file. it's routine for the former lawyer to say here's everything we have on it. so the likelihood of you having a lot or most of this already, the evidence you're talking
10:39 pm
about is actually very high. you wouldn't necessarily, as you say, be dependent on the fruits of that fbi raid. >> correct, 100%. >> harry, given there are the two tracks here that we can never forget about michael avenatti's own ability to exact discovery in a variety of directions about this and knowing that the fbi raid has also probably collected some evidence to the effect that michael avenatti is talking about here tonight, where does rudy giuliani go now? the next time he wants to say this timing was coincidental, the next time anybody on that team wants to say the timing had nothing to do with the campaign. >> yeah, i -- you know, really what he's trying to do, this sort of two-step dance because he's worried, also, about exposure in the stormy daniels case but what he has managed to do, as best i can tell, is
10:40 pm
increase the president's exposure on both sides because with this sort of added gloss that oh, but the president really didn't know -- he did know, but he didn't know. that is precarious for having the president having defrauded the -- stormy daniels and walks into avenatti's claims right there. you know, it looks like there's a scenario where he gets the worst of both worlds. i do want to add, this has not typically been something that's been vigorously prosecuted by the fec, i think michael isikoff mentioned the difficulty with the edwards case but when you tie this together, it begins to look so nefarious it's less the underlying campaign violations rather than the match nations to keep it from the american people that does seem to make the case seem righteous and prosecution worthy. >> how long have you been in possession of evidence
10:41 pm
indicating the motivation of this timing? >> a while. >> okay. a while. michael avenatti gets the last word in this segment. thank you very much for joining us. appreciate it. barbara mcquade thank you for joining us. when we come back, what does it feel like to go before robert mueller's team for questioning? someone just did it and says it's pretty scary. once there was an organism so small
10:42 pm
no one thought much of it at all. people said it just made a mess until exxonmobil scientists put it to the test. they thought someday it could become fuel and power our cars wouldn't that be cool? and that's why exxonmobil scientists think it's not small at all. energy lives here. and it's time to get outside. pack in even more adventure with audible. with the largest selection of audiobooks. audible lets you follow plot twists off the beaten track. or discover magic when you hit the open road. with the free audible app, your stories go wherever you do. and for just $14.95 a month you get a credit, good for any audiobook. if you don't like it exchange it any time. no questions asked. you can also roll your credits to the next month if you don't use them. so take audible with you
10:43 pm
this summer... on the road... on the trail... or to the beach. start a 30-day trial and your first audiobook is free. cancel anytime, and your books are yours to keep forever. no matter where you go this summer make it better with audible. text summer17 to 500500 to start listening today.
10:44 pm give you the protein you need with less of the sugar you don't. i'll take that. [cheers] 30 grams of protein and 1 gram of sugar. new ensure max protein. in two great flavors.
10:45 pm
so trump has surely been wondering about, worrying about, is what does it feel like to face the questions that president trump would get from robert mueller's team if the president sat down for an interview and they closed the door and the president sat there with his lawyers and with all those lawyers and investigators on the other side of the table, what would that be like? well michael caputo did that yesterday. he's a former you trump campaign official who submitted to an interview with the mueller team and everything that michael caputo said about being in that room with the mueller team must have sounded very, very scary to donald trump and his lawyers. >> i don't think they're convinced yet there's no russian collusion. the mueller team new more about what i did in 2016 than i knew myself. i think they know more about the trump campaign than anyone that worked there. they have every single e-mail,
10:46 pm
anything that's ever gone down. they're clearly focussed on trying to identify some russian collusion. i'd say the mueller team is spear fishing. i think they believe they know where they're going, they're not asking a wide-range of questions that seem to be unrelated. they know exactly what they're looking for. anybody whose name is in the mouth of the mueller investigation is in peril, i think. these folks are really focussed on bringing somebody in. >> these folks are really focussed on bringing somebody in, wonder who that could be. when we come back, more about interviews with the mueller team. i'm all about my bed. this mattress is dangerously comfortable. when i get in, i who governed thousands... commanded armies... yielded to no one. when i found you in my dna, i learned where my strength comes from.
10:47 pm
my name is courtney mckinney, and this is my ancestrydna story. now with 5 times more detail than other dna tests. order your kit at ♪now i'm gonna tell my momma ♪that i'm a traveller ♪i'm gonna follow the sun♪ ♪now i'm gonna tell my momma ♪that i'm a traveller ♪i'm gonna follow the sun transitions™ light under control™ with dell small businessout your technology advisors transitions™ you get the one-on-one partnership you need to grow your business. the dell vostro 15 laptop. contact a dell advisor today. delivcrisp leaves of lettuce,s.
10:48 pm
freshly-made dressing. clean food that looks this good, eaten at your desk. panera. food as it should be. now delivered. (burke) so we know how to cover almost anything.en almost everything even "close claws." (driver) so, we took your shortcut, which was a bad idea. [cougar growling] (passenger) what are you doing?
10:49 pm
(driver) i can't believe that worked. i dropped the keys. (burke) and we covered it. talk to farmers, we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪
10:50 pm
we have to go there and prepare him for this silly deposition about a case in which he supposedly colluded with the russians but there's no evidence of that? i mean everybody forgets the basis of the case is dead. >> if anybody thinks russia collusion is off the table, they haven't visited with the mueller team. >> back with us, matt miller, there we have caputo, who has just visited with the mueller team saying they are pressing on collusion. they have definitely still investigating collusion. >> they absolutely are despite the president's repeated insistence that ail thundershower liking at is obstruction, as if obstruction
10:51 pm
is not a serious crime in itself. i think one of the important thing people lose sight of in this case, when special counsel first started rolling out indictments and guilty pleas on october 30th, he started this kind of steady tempo of activity in court where every few weeks you'd get a new indictment or oi new guilty plea, up until february 23rd, when rick gates pled guilty. since then we've had really the longest period in this case of no new activity. almost 2 1/2 months of no new dpilty pleas, no new indictments from the special counsel. it's very clear that the next big thing that's coming is at least hacking of -- or is at least indictments of russians for hacking, and you have to think that the piece he's trying to put together is the american side of it, the conspiracy piece, the questions about roger stone, who still has not been in to talk to the special counsel, which leads you to believe he's a target status. donald trump jr. still not been in to talk to the special counsel. would lead you to the same conclusion. it is very much a live part of this investigation. if i was the president or anyone
10:52 pm
in a senior rank of that campaign, i would be very concerned about it. >> harry littman, michael caputo, haing been a witness, meeting with the special prosecutor yesterday, saying things like they know exactly what they're looking for and the mueller team knew more about what i did in 2016 than i knew myself. that sounds to me like the kind of investigative team that i've heard other people experience in other investigations in different places in theeq countr when they go in there and a team of solid, professional federal prosecutors are ready for them. it always feels like they know more about me than i do. >> yes. but i would say this is, you know, even more. this is probably the finest prosecutorial teem ever aassembled. when those people come into the witness room, they confront agents and attorneys who have binders like this with maybe 150 documents behind them that they
10:53 pm
know completely cold, and they will refer to during the course of the questioning it is brutal. they have figured out everything in advance that they want to say, and of course they -- this is the &÷q&em for trump as well. they have a wealth of information from other witnesses including cooperating witnesses, and the person in the hot seat doesn't know what that is. this is really a professional operation that justifiably will terrify people who are on the other side of the chair. >> matt miller, the legal team for everyone involved trying to defend these team does not know what the special prosecutor has. michael avenatti just really highlighted that kind of thing tonight when it turns out michael avenatti has known for some time that there is extensive communication about
10:54 pm
the timing of thebte payment to stormy daniels at the time, saying that this is about the campaign. that's what michael cohen was telling stormy daniels' lawyer then. and no one knew that michael cohen was telling stormy daniels' lawyer that. you know, rudy giuliani probably did not know until tonight that michael cohen was telling stormy daniels' lawyer that then. >> yeah, that's exactly right. for each one of these witnesses, if they're getting ready for these interviews and their attorneys are getting ready for them, they have access to their e-mails. th7 >[t access to their own documents and to their own recollections, but they don't know other documents that the special counsel has (r'ed. they don't know what other witnesses have told the special counsel about meetings that they sat in. so they go in prepared to give their version of events, but when they're confronted with other pieces of evidence that they're not aware, it can be very unsettling. i think one of the things to remember, harrycoç talked about this being such a great prosecutorial team. i worked with a number of these people.
10:55 pm
i'm sure harry did as well. they're really a doj all-star team. when you look!jpw at the caliber that team versus the caliber of the people on the other side, let's remember this was not the top tier of republican talent that was working on the trump campaign. these are cast offs and has beens and people who are on their good day are not at their best. facing that team is a tough, tough, challenge for them. >> thank you both for joining us. really appreciate it. tonight's last word is next. but i've got an idea sir. get domo. it'll connect us to everything that's going on in the company. get it for jean who's always cold. for the sales team, it and the warehouse crew. give us the data we need. in one place, anywhere we need it. help us do our jobs better. with domo we can run this place together. well that's that's your job i guess. ♪
10:56 pm
if you have moderate to severe plaque psoriasis, little things can be a big deal. that's why there's otezla. otezla is not an injection or a cream. it's a pill that treats psoriasis differently. with otezla, 75% clearer skin is achievable after just 4 months, ... with reduced redness, thickness, and scaliness of plaques. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. otezla may cause severe diarrhea, nausea, or vomiting. tell your doctor if these occur. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. other side effects include upper respiratory tract infection and headache. tell your doctor about all the medicines you take and if you're pregnant or planning to be. ♪ otezla. show more of you.
10:57 pm
is america's number-one you kmotorcycle insurer. yeah, she does purr! best bike i ever owned! no, you're never alone, because our claims reps are available 24/7. we even cover accessories and custom parts. we diget an early start! took the kids to soccer practice. you want me to jump that cactus? all right. aah! that lady's awesome. i don't see a possum! these are the specialists we're proud to call our own. experts from all over the world, working closely together to deliver truly personalized cancer care. expert medicine works here. learn more at
10:58 pm
non-drowsy claritin 24 hour relief when allergies occur. day after day, after day. because life should have more wishes and less worries. feel the clarity and live claritin clear.
10:59 pm
here's something we haven't done before. tonight's last word goes to michael avenatti. we're going to show you the breaking news that he delivered in this hour as a guest on this program about the communication between donald trump's lawyer, michael cohen, and stormy daniels' then lawyer keith davidson when they were arranging the payment to stormy daniels in 2016 of that $130,000. >> there were extensive communications between michael cohen and keith davidson in october of 2016 relating to the timing of this payment and the need for the payment to be made prior to the election. extensive communications relating to the need for the payment to be made when it was made and as it related to potential influence on the election, period. >> michael avenatti gets tonight's last word. there will be more analysis of
11:00 pm
this breaking news from michael avenatti on "the 11th hour" with brian williams, which starts now. tonight rudy giuliani blows up the trump legal strategy where hush money paidcccc to a p where hush money paid to a porn star is concerned. then the president doubles down. tonight how it changes the investigation. also tonight, a white house press secretary with nothing left to say amid new strategy each day on the fly inside a white house under investigation and in the dark as to what the boss will do next. and what the attorney for stormy daniels has to stay tonight about that payment from michael cohen. "the 11th hour" begins now. good evening once again from our nbc news headquarters here in new york. day 469 of the trump administration, and there are new indications that efforts by president trump's lawyer, rudy giuliani, to reshape the