thank you so much for tuning in. i wish you all a good night. my friend ari is next. and remember, you can watch the night cap most fridays and saturdays. 11:00 p.m. eastern right here on msnbc. but for now, i'm signing off. from all of our colleagues across the networks of nbc news, thanks for staying up late. i'll see you at the end of monday. hello and welcome to our special. new york versus donald trump. i'm ari and we have break downs on this entire rivetting week of testimony including friday's emotional moments for a long time trump aid open hicks on the stand. this really showed how prosecutors are proving up this

case. putting forward stormy daniels and karen mcdougal's lawyer up. and a very damning story that will come from michael cohen. corroborating all of that, with what we have told you about. the receipts, the checks, the contracts. and then, ending this week with a rare view inside donald trump's uppermost senior aides and brain trusts. hope hicks taking the stand friday and bringing jurors and the rest of us into these secret meetings and discussions as the access hollywood tape broke. as trump and the aides assessed its damage. hope hicks you see there with donald trump. that is a coveted post in any campaign and especially in his. someone who is up on the stage and in his ear and on the plane. that is the role she had. so this was important testimony including the deals to silence

these women. it matters because it this is reliable testimony from a long time trump loyalist. so that is hard for the jury to just ignore. it is also from a person who is a witness who has testified under oath. that's the better course for ms. hicks. she did that today. but we have some context leading up to friday's testimony. because she did that in testifying about january 6th. and that high stakes probe. you may remember. she cooperated. she discussed what she knew under oath. she talked to investigators. she discussed her own private text on the day. january 6th where she told others she was so upset, quote, everything we worked for wiped away. what you see on the screen is the way we experience different probes. we saw her talking. under new york law, it is transparent. we have the sketches but we

don't have video cameras in court. but both times hicks was a key witness. she has cooperated. that led to this reported falling out with trump. she said she was nervous today from the stand. she answered the questions confirming she is under subpoena paying for her own lawyer and in a moment that does matter for a jury, this is still a human exercise. hope hicks broke down crying on the stand at one point. she was seen there crying. this was reported and discussed. it was apparently best we can tell and from the reporter ins the room and the wider context we have, genuine display of emotion for her as she felt the weight of this moment, the raw pressure of testifying about her long time boss who sat by literally through her entire testimony. watching her. it was tough for her to share

in this manner. a key post for a candidate obsessed with press. while trump had his famous falling outs with many different aides, she kept his trust. she eventually became white house communications director and witnessed every trump scandal as the washington post put it. her testimony here this week, hurt trump. when she said he had his hand in everything and was very involved. we were all following his lead. why does that matter? the point isn't whether he is some apprentice style boss or not. it is a much narrower point for the juriment it undercuts one of the trump defenses i told you about. i'm out of the loop, over people are getting this stuff done. well this is hope hicks. not just nobody. and she sang pretty much the opposite. he was hands on.

the other witness, rhona graff was crucial. so that was corroboration. they got the evidence. they see how senior a position she held. she is the one corroborating these others. hicks also confirmed with her own eyewitness account that she had seen and heard trump talking to the enquirer chief david pecker. trump congratulating him after they went after ben carson. at the time in the room, she knows more than most people. but she might have still thought that trump was just working the press like usual. call the enquirer one day. fox the next. now, however, the jury is hearing this wider testimony and understanding this as a potential confirmation of how the tabloid was carrying out the edicts. this was not like calling

someone and discussing them doing their independent reporting. this was more like him calling someone who was operating, publicly, commercially, for financially as an arm of the campaign. but doing it off the books. that's part of the crime the da is trying to prove and why the hicks testimony compared with what we heard this week was so significant. i'll tell you there's more. hope hicks took the jury inside trump world in a very unusual way. in the very private panicked moments when the campaign was rocked by the video you see on your screen. the bomb shell access hollywood tape. nobody knew this thing existed at the upper echelon of the campaign except maybe donald trump might not remember what he said. and this isn't just any witnesses i emphasize. prosecutors determine hicks was actually the first person to bring the news of this impending video bomb shell inside the campaign to the

campaign manager to trump. and again, you and i might remember hope hicks, part of the jury might not. not everyone memorizes every aide on every white house campaign staff. but boy, are you going to think she is important if you determine when the washington post had this bomb shell, the person they went to they knew was a top aid who would get right to trump and the other leaders wasn't the campaign manager or some other friend or family member. they went to hope hicks. the washington post reporter contacting hicks with this scoop and a deadline for any campaign response they wanted to give. she rushed it to the campaign leadership. there was a palpable panic and she testified how the initial response was well you need to hear the tape to be sure. but quote, deny, deny, deny. and she recounted how candidate trump privately knew this was going to be a massive story. she said. this was a crisis. so what are we talking about?

we doing a campaign memories? doing one of these documentaries where you look at an old campaign? no. the point is not that hope hicks has fascinating and sometimes never before heard details about that pivotal campaign moment. although she does have those. the point is she was eyewitness to donald trump's apparent motivation. which the prosecutors say is now part of the criminal intent in what they have indicted in this cover-up. hicks saw all of this as chiefly a problem for the campaign. i will read to you this key passage. sometimes they are just someone saying yes or no. prosecutors says trump was concerned these reports could hurt his standings with voters. hope hicks says quote, yes. that is some of the strong testimony the jury heard to end this week. a lot of folks probably remember where you were when you first heard about this

tape. and it is raw admission of grabbing women by the. and you might remember the fall- out. hicks recounting that very intense period describing to the jury how it dominated coverage. leading to the next big moment of the presidential debate. this was back with clinton and trump when everyone thought he was already down. this was a body blow like no other. this is legally relevant to whether donald trump was as his lawyers have suggested either not involved, didn't know what was going on or to the extent he was involved was it a personal thing or campaign thing. we put together in the context of our reporting beyond what she said some of that explosive period in the campaign home stretch. >> donald trump's presidential campaign in turmoil tonight facing withering political fallout. >> house speaker paul ryan released this statement canceling trump's event. i'm sickened by what i heard.

>> senator john mccain pulled his endorsement. >> when the tape comes out, he drops from 41 to 38. then on the weekend after everybody has seen the tape, he falls through the floor. that's why they are driving the republican party and donald trump off a cliff and into the political abyss. >> mitch mcconnell called trump's comments repugnant and unacceptable. >> you do not recover from this. election ended. all i can say is i'm sorry. >> no. it didn't end. but that was the mood. republicans did turn on trump in that home stretch. that kind of reaction might be a little bit politically unrecognizable today. in the last few years we have seen entire crimes and convicted sedition dismissed by republican party leaders. a reminder of how much has changed once trump got out from under that october scandal to go onto win the electoral college. this all matters in the trial because it speaks to the campaign motivations i keep mentions to you. and hicks was damning on that

point. they had particularly sharply worded statements. against trump over this issue. over what he said on the tape and whether that is how he dealt with women. she mentioned for example, romney. paul ryan, mitch mcconnell. prosecutors view hicks accounting as key to what they are still trying to prove to the jury. why donald trump would in october take such extreme, they allege criminal acts in the campaign's waning weeks. he was losing party leaders. his whole campaign was panicked. he was losing the narrative. losing the press. a lot of the mainstream press. while trump still thought and by the way, lets be clear, politically this was true. he thought he had a narrow path left to the electoral college and to winning. he also perceived that one more story or allegation that

leadershipped up with this tape scandal would certainly do him in. the guy who has all this bluster in public. according to his own aides he is a bit of a different guy. in private, he thought i'm losing for sure and i'm toast if one of these stories comes out. that, prosecutors say, is how he and his campaign leadership view the stories. hicks confirming the da's argument with evidence that michael cohen and the inquirer had to bury both those stories and do it as a campaign plot for trump to keep that narrow path open. hicks asking michael cohen for example to get tabloid publishers number on november 5th. remember i told you about the receipts? doesn't matter what the jury thinks of either or of the two people in this communication or what they are doing. what matters is whether they

think people have told the truth and what they have said about what happened matches the other documentation. and this is bad news for trump. this is as good a confirmation as you can get between key people who were both trump loyalists at the time. going back to the tabloid chief david pecker. hicks testifying she asked because trump wanted to speak. with him. so she connected the two of them. but she did more than that. she also connected the dots. if this sounds like it is bad and damning evidence against donald trump, it is. i would remind you that just because it sounds bad doesn't mean the story is over or he is guilty. he is legally presumed innocent and they have to use the high bar of beyond a reasonable doubt for 12 people. so if they convince ten or 11 people that it really happened

and it amounts to this crime, they need all 12. we are not saying it is it more likely than not. we are looking at how this evidence moved with the jury. we have melissa and andrew here as part of our special leading us off when we are back in 90 seconds. back in 90 seconds. when you have chronic kidney disease, there are places you'd like to be. like here. and here. not so much here. farxiga reduces the risk of kidney failure which can lead to dialysis.

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i was becoming increasingly concerned that we were damaging his legacy. >> what did the president say in response to what you just described? >> he said something along the lines of nobody will care about my legacy if i lose. >> trump aide hope hicks. that is what she looks like testifies under oath. that was at a different proceeding where we had cameras. we are now joined by our lawyers for this special. andrew and melissa. andrew, i know both of you watched this closely today. what did you think of ms. hicks' testimony? >> i think your description of her testimony being a body blow is totally accurate. this i think took a sledge hammer to a major defense.

prior to her testimony, a big gap in the da's arsenal was did donald trump know about the payments to stormy daniels as hush money payment ins the da had conceded he did not sign the actual agreement between, that michael cohen signed and that stormy daniels and her lawyer signed but there was a blank with respect to this signature block for the president. and michael cohen said with respect to the payments, he said to mr. davidson, maybe i need to have my own. and respect donald trump will not pay in advance. so there was a lot of concern certainly, it is like how are they going to link donald trump to the actual hush money payments with respect to stormy daniels? david pecker has already given a link with respect to karen mcdougal and the case is really

about the stormy daniels payments and hope hicks, a reluctant witness who tearfully said donald trump told her that he was aware that michael cohen had made these hush money payments. he said i only learned after the fact. doesn't matter as long as he learned it and knew it before he was making all of these reimbursement payments, that's good enough. but hope hicks said not only did he knew it. >> if you reimburse someone for buying you crack, you are still on the hook. >> yeah. and so, she gave that. she also suggested she didn't believe donald trump's story that this was something michael cohen did out of the goodness of his heart. she said that is not who michael cohen is. so she said i don't really

believe that story. as long as you actually now have donald trump knowing about the hush money payments to stormy daniels, that is the predicate for the false business records. the major gap the defense seemed to want to exploit has been completely closed by witnesses who i think will be just impossible for the defense to say was lying. >> i think i am a little more muted in my response to hope hicks than andrew. she did close the loop for the prosecution, but she also closed some loops for the defense as well. she emphasized that donald

trump was very, very cognizant of his wife's own view of the things that happeneded in the wake of the access hollywood tape that he was very concerned about her. that he respected her a great deal. and had instructed hope hicks not to deliver certain newspapers that would cover this story to their residence so she wouldn't see them. and that will be a big part of their defense. they only have to establish reasonable doubt for a single juror to hang the jury. they will say this was not about the election but about his wife. to be fair, though, she does link donald trump to all of this and his concern about the election. there's a lot of testimony there when the stormy daniels situation comes out in the press in 2018 where he muses that it is probably better for this to have come out now rather than before the election. that goes right to the prosecution's case. it is also the case that hope hicks herself may have opened the door for some impeachment of her character. she notes she didn't even see

the access hollywood tape but her immediate response was to deny, deny, deny. sort of a classic thing that a pr would do. but it does suggest that she was already making the case for donald trump without actually knowing what had transpired on that tape. >> that has sort of become common. the question is which hat do they have on. i think she has some potential standing with the jury there. and she came through. unless she is the most incredible actor ever, most people can't cry on command. most people are not able to just do that. and what jurors do is use their eyes and ears to determine if what they are hearing is true or not. i want to draw your attention to just how different a world it is we all know what things have been like the last few years. how cynical people feel about politics and the republican party. i mentioned that in reporting

in the top of the program. so looking at how donald trump sounded and one of the only statements he has made that could be a partial apology. reminds you how much of a problem this was in october. take a look. >> i have never said i'm a perfect person. nor pretended to be someone that i'm not. i have said and done things i regret. and the words released today on this more than a decade old video are one of them. anyone who knows me knows these words don't reflect who i am. i said it. i was wrong. and i apologize. >> i was wrong and i apologize, quote unquote. not a deep fake, melissa. an actual statement under duress. how does that work in the story that the prosecutors are trying to tell through the witnesses?

>> hope hicks helps to furnish he was concerned about what this might mean with the electorate if news of karen mcdougal and stormy daniels came out. again, though, it is a long time since this happened. we have had a pandemic, a coup. are the jurors going to remember that in october of the 2016, this is all anyone could talk about and it seemed like the worst thing that he could do. i think it is very likely this might seem really quaint to the jurors and sort of piecing all of this together. as a campaign to get elected and to silence some of these facts that could come out and be damaging to him. that might be harder to piece together. but she did a lot of good work for the prosecutionment i'm interested to see how the defense uses her in their

closing arguments. i think he would have bloodied her up a little more if she hadn't been so obviously in distress. >> that's the human side to this. i have about 30 seconds. any thoughts on that on cross? >> i just wanted to take up something melissa said. it is right to anticipate the defense will say this is about melainia. the jury will be instructed you can have a dual motive. the state does not have to prove that the 100% intent in his head was the election. if there was a dual motive that he was concerned about the election and his wife, he is still guilty. so the state will be wrapping

themselves around that jury instruction to say, you know, the hope hicks testimony should be believed including the part about the concern about what melania's reaction would be. that doesn't mean he wasn't concerned first and foremost about getting elected so they can embrace that part of the testimony and still win. >> and that speaks again to how people understand other people's motives. we talk criminal intent. and other instructions could matter so much. it is like sometimes i might go running to get fresh air, but also hope to lose weight. right? and you can't just say i only went running for fresh air. that was the only reason. obviously, the criminal motive has to be substantiated enough that it carries the day. andrew, melissa, thanks to both of you. appreciate it. coming up, we have what the judge told trump to his face about all of this. a real rebuke. and, we do more with these specials as we take it all in.

i'm thrilled to tell you, presidential historian douglas brinkley is here. the first ever trial of the president. but first, the tapes. that's next. ident. but first, the tapes. that's next. ( ♪♪ )

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and round the clock partnership from comcast business. see why comcast business powers more small businesses than anyone else. get started for $49.99 a month plus ask how to get up to an $800 prepaid card. don't wait- call today. our special continues as we track these star witnesses' damning evidence and the judge letting the defendant know what the rules are. this has been the third full week of a bruising for defendant trump. >> the ex-president's election interference scheme was blown wide open. >> reporter: prosecutors called daniels' former lawyer keith davidson. >> talking about how deals came together for karen mcdougal. >> one of the most significant parts of the testimony. >> trump's legal team tried to paint davidson as an extortionist who made a career out of targeting celebrities. >> donald trump has never been closer to spending a night in

jail. >> they are threatening to throw the republican nominee for president in jail for talking, harris. >> city, prosecutors have now called hope hicks to the stand. >> i think the jurors will not only be listening very carefully to everything that hope hicks is saying, they will be looking over at how mr. trump responds. >> that is just some of what we lived through in one week. the judge held donald trump in contempt. keith davidson, the former lawyer for mcdougal and daniels said trump was worried all through the campaign. the national enquirer payments were all about helping the candidacy. >> i can't even tell you how

many times he said to me, i hate the fact that we did it. and, my comment to him was but every person you have spoken to told you it was the right move. >> and our special continues with a special guest. welcome back. >> thank you. >> what stood out to you? >> so you know white collar criminal cases are usually pretty boring right? testimony could be a drag. but that is certainly not the case in this trial with donald trump. what stood out to me was keith davidson. you know. this strategy the defense has in really distancing trump from davidson. from these payments. in that they establish davidson only communicated with cohen. never trump. and they brought out the fact

that the only time davidson has been, that was i think a slam dunk for the defense. for the prosecution he served one perp. that was to establish there was a transaction that cohen paid stormy daniels. $130,000. so for me, i think keith davidson did what he was suppose today do for the prosecution. but i certainly think he helped the defense. and hope hicks' testimony today corroborated what he said. because what he did say after the payments were done, cohen called davidson and complained because he was expecting a job at the white house. right? i did so much for this guy and i have been left out. then you have hope hicks saying i don't know cohen to do things out of the goodness of his heart. he does things because he wants credit. cohen made these payments on his own.

because he had other incentives. >> we talked about how much ground was made by the prosecution. again, i reminded everyone and you know this quite well. it is not like picking between two stories. it is not like oh, either trump did it, does that sound likely, or did cohen do it, does that sound likely? it is a much lower bar. it is only if the jury has reasonable doubt. >> yeah. >> as so whether cohen did it. so i think that is important for us to emphasize. because if you are watching this as a viewer you might say well i think this story is more likely. based on the evidence the trial is not over. based on the evidence, i think that other story is more likely. but is there reasonable doubt as to whether cohen went rogue? you said you think the defense is getting in points on that. >> you have one person to think about this. that is trump has other things in mind that cohen does go rogue. he has self-interest. he wanted a job. he did this because he wanted

to protect the big guy. right? his boss, and so the defense i think is scoring points enough to at least change one person's mind. >> and let me show you. you have okay, what earlier andrew returned to. you still paid it back. take a look at cohen describing trump, then president trump paying him back. >> okay. >> i'm visiting president trump in the oval office for the first time. he says to me something to the effect of don't worry michael. your january and february reimbursement checks are coming. >> they are going to say they have the checks. that the checks exist. >> cohen is a convicted it is up to the jury if they

find cohen to be credible. >> is it surprising that they delayed cohen? he hasn't come up yet. how all of this came about. right? this catch and kill. >> deal with trump and cohen. so, the order they are going with, they are telling a story and building up to cohen being obviously their star witness. and maybe even, he has to be watching this. i mean, he has to be hearing what is being said. >> he has been doing live tiktok. i know he is watching it. that is something he can also be cross-examined on. and he is not being cautious. i'm not surprised by the strategy of the prosecution and saving him toward the end.

>> really interesting point. we will see both sides of it. thanks so much for being here. >> thank you. up next, as mentioned, the historian douglas brinkley. i'm excited about that one. that's when we come back. come everybody wants super straight,

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his first ever trial of a former president matters. it matters to the people involved. it could matter to the defendant if he is convicted of

a felony before the election. and it matters in many other ways in our life and history and rule of law. but, is it breaking through as the saying goes? are people hearing about it? you ever wonder? you are following it if you are listening to my voice now. there are interesting ways we can try to understand this is playing out as it happens. it is making headlines all around the world. because this is something the united states has never done before. and if you check around the country on local papers where a lot of people still get their news, it still makes the front pages. including say one of the developments this week, the cohen tapes, the phone calls recorded by the former trump fixer. well, those are not only news worthy. but for many americans, they of course have echoes in past presidential style scandals and tapes of a president.

>> what can we learn from history as we live through it? well i mentioned we are very excited about our next guest. the acclaimed presidential historian douglas brinkley. welcome. i'm very thrilled to have you on this special as we make sense of this week, sir. >> i'm glad to be here. it is just a rivetting week. it seems trump has himself painted in the corner. today was a kicker for a long week. i do know it is like a spider's web. you have to follow all these tentacles and people might be bored with it. they can be forgiven for not knowing certain lawyers. but, we all know and feel trump did this. if he is found guilty, it is from his shocking moment that a president, leader of the party

of abraham leader is facing jail time. it takes our breath away we allowed political theater to get to this bottom ground line. >> i think that makes a lot of sense. as in anything with a society, it matters what other people think. what are our common understandings. those of news the news which, the first drive to history. the news we are doing hour by hour. you guys are doing it at a higher pay grade looking at all the trends. but people are following this more than some other things

things. 45% of people are following this very closely. closer than a congressional bill battle that others might say that is important but don't captivate the country. and i'm guessing you would say that is probably not at the high water mark of water gate nixon. how do you make sense of something like that if it is broadly 40, 50% of the country following this trial? >> with nixon, you have the smoking gun where he is getting the fbi to call off an investigation. all these things started unraveling for nixon. trump will meet his come up pans if he is found guilty. he will have to go july 15th to milwaukee. and wherever he goes, people will realize he has been convicted and he could pretend to wear it as a badge of honor

like he did when he was impeached twice. but the truth is this cuts close to home. melania trump. anybody that is having dinner with pecker has issues to start with. because it has been a jump paper from its inception. but this is the kind of can of worms that trump revels in. he does give good speeches. he might be able to hold his base. i'm sure he will be. it is nibbling away at him in michigan and wisconsin and some of the swing states. there is no way this trial, particularly if he is found guilty will be seen as an asset for a reelection campaign. >> and that is what is so funny about all of the ridiculous propaganda. everybody knows that it is bad if you are indicted and worse

if you are convicted. and that is true whether you want to run a company or the country are be in the local community club. golf club. whatever your sport. it is certainly bad in today's politics because so much devolves into these exchanged accusations of criminality. and donald trump was a master of that. crooked hillary. he was impeached over trying to create a fake ukrainian investigation of the bidens. so you don't need to be a news buff to know he thinks this is bad and it will hurt him. i wonder how you perceive, how do we make sense of the history in realtime. is this like nixon and vietnam in the sense they become saturated common experiences? covid would be another example or is this the other half of the country tuning it out that doesn't want to deal with it? >> i think it is still divided. if you went to fox news now,

they are covering campus protests. they are not really covering a lot of what's going on in this trial. >> why would you go to fox news right now? [ laughter ] i'm kidding. people can watch what they want. i'm kidding. >> yeah, i know. but we are divided that way but it comes together and people will have to look at trump with scrutiny. bookending him with the elevator ride. ending it with january 6th. when it was really we should be looking at it as election corruption on both ends. meaning the access hollywood tape and the hush money cover- up showing he wouldn't do anything to lose corruption money at the out set and the election riot. those are the bookends in my mind of what the trump presidency is really about. >> can i add a book? can i add a book?

so you have the 16 issues now indicted as campaign crimes. what you said. 2020. but you also have two impeachments. both of those were about election crime and abuse of power. we haven't passed the criminal line in terms of conviction. that's a heck of a lot of evidence of election crimes. i'll let you have the last word. >> i know you love quoting from hip hop artists and others but that bob dylan. you don't need a weather man to know which way the wind blows. none of us need somebody to tell us whether trump is part of the hush money payment. of course he is. this is not a rogue cohen. a poodle. a lap dog for donald trump doing the dirty business. trump was probably pleased cohen bought them off for so cheap.

130. probably thought he would go up to a quarter of a million and saved himself some money. but he do have to give trump credit for recognizing what a dire threat it was. because he couldn't have survived access hollywood on top of stormy daniels. >> which this week's testimony showed. i appreciate the dylan reference. he said belo and bradley probably lied. the newspapers all went along for the ride. in this case, the tabloids. good to see you douglas. >> good to see you. >> absolutely. as we look at how this is playing out we will show the memes and the internet also following the trial when we come back. e come back.

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our founding father would appear to be very upset about reports that say he has been sleeping during the trial. >> eventually, they just have to put him on a baby monitor. >> oh no, he's on his stomach again. got to go flip him over. >> trump was like i get the tenth one free right? >> comics roasting this trial. but as we continue to keep an eye on how this is all playing out, we have noticed that on one of the most popular platform ins the country, especially among younger people, the trial is breaking through with folks watching, reacting, and debating it. >> oh my gosh. do we need to talk about the

trump criminal trial? >> hope hicks is now testifying and she is spilling the beans on her former boss donald trump. >> speaking of hunches, trump's attorney got a number of them in, in cross-examination. and we got a look at how bad things will be for michael cohen. >> he can absolutely testify in his own defense. >> these folks care about nothing but donald trump. >> this man is known for cooling his [bleep]. talking big. and then using the back door to bail out. >> it is another sign of how our society and our world and our technology is changing. people cannot only watch. they can talk back. some of these videos going viral. always interesting to see how everyone is making sense of it. we'll be right back. of it. we'll be right back. like magi. but there's no magic involved. (dog bark) it's just smarter, healthier pet food. it's amazing what real food can do.

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