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live events coming up at which you can come see me in person if you want to. the first is kingston, new york. i will be talking about my book "prequel." again, saturday, may 4th, kingston, new york. and june 13th i'll be in houston, texas at the houston progressive forum. tickets and all the details online at msnbc.com/prequel. that does it for me now. now it is time for "the last word with lawrence o'donnell." good evening, lawrence.

and i literally see sleeping babies in the shadow of the courthouse. i think did they cancel the thing today? is there no trump today? is there nothing? then i come around the corner into the sunny spot. okay, there they are. i want to overestimate this. maybe two dozen trump supporters, maybe two dozen, and at least two dozen or more people who really could not be on the trump jury because they would vote to convict before testimony. they are there, those people are there. way more news media than pro or con trump people. it was as quiet and peaceful a version of the courthouse campus area that you could ask for. >> which is weird because trump

promised on friday, that we ed were 72 hours away from somethings breaking loose. maybe the mouth opened somewhere else and we don't know. we have not stumbled into it because there does not appear e to have been an outpouring of trump supporters of the courthouse for day one. if they were going to be there on any day, it would be on day one. >> day one is usually your maximum interest day. these things drag on, people at home start to fall asleep, never mind the question of whether trump fell asleep in the courtroom today or not. the country is not at risk of any great uprisings. let's remember, protesting this was legal in all 50 states today. so if you want to say there is only 85,000 trump voters in manhattan, which they are, that is how many he got and they

were all busy, so none of them could come down, or you know, okay. what about the entire state of utah? what about alabama? you could have a little march in alabama or a giant one. of all those trump voters in alabama or idaho, nowhere, not one place in the country was there a trump boater who decided to say i am going to get up from my desk or my sofa and get out there publicly and protest this outrage in manhattan. >> i mean, i feel like this is an important news moment. i saw your post, the picture, i saw you when you posted that online. i feel like there is a bias, like a law of physics. it is not even a political thing, but in the news b business, you never report on the dog that did not bark. you never report on the thing that did not happen, but in this case, there is something observable that did happen, which is trump spending the

last year promising that the country would be brought to its knees by trump supporters turning out in numbers with militants that you had never seen before from the american people and this country would be torn apart if you were ever indicted and if he had to go to court and if he were put on trial. he is asked to do it and he has promised over and over that they would. at every step of his legal jeopardy. they have not. that dog not barking is a story. >> it is a good story for where we are in this country now, that trump voters will vote for him. that is all they are willing to do for him. there were some real nuts who were going to do a lot more than that, violent people willing to do a lot more than that january 6 a lot of them are in prison. if a lesson needed to be learned, it was learned, but they are just not going to get

in their cars and drive to the courthouse and they certainly did not do that in atlanta, they did not do it in florida. they will not do it in washington, d.c.. we know there is going to be many more anti-trump protesters at the washington, d.c. courthouse then possible pro trump supporters. so the most disappointed person in the country for all of this is donald trump, who really really wanted to hear some noise today. >> yeah. he may console himself by thinking maybe they were all home trading trump media stock. maybe they were just busy, saving up for bibles or whatever. other than that, yeah, he did not get what he asked for. when you ask for something and you don't get it, that is embarrassing and that should be news. speeding adam was there, and he will be at the courthouse everyday of this trial and he

will be recording for us on what he got. andrew will be joining us with his wisdom on what happened and we will get straight to it. >> thank you. civil war was number one at the box office this weekend and we proved once again today that the only place we are ever going to have a civil war is on the screens in the movie theaters where that film is rs playing. donald trump would love to have a civil war of sorts over the criminal prosecution that he is facing in manhattan. he would probably love to have what he would call his term a bloodbath or something like what we saw on january 6th, and uprising that could shut down the courthouse, stop the proceedings, but once again today, as i just said, donald trump got nothing, and he knew,

he knew he was going to get nothing from his supporters, which is why he did not make the public mistake of summoning them to manhattan to gather outside the courthouse, a mistake that he did make one year ago when he was arraigned at that same courthouse, and no one showed up. to try to block that proceeding the way they tried to block joe biden's wing on january 6th. a year ago, april 4th 2023, donald trump pleaded not guilty and that courthouse and he th pleaded with his followers to be there, but i walked out of the courthouse to see the crowd that gathered to support donald trump. it was a smaller crowd than i er expected. i expected a small crowd, it was still smaller. the news media outnumbered the trump protesters, all of whom were well behaved, the protesters, i mean. te ice said then that you had

nothing to worry about with trump supporters trying to cause trouble or violence at trump trials. we have more proof of that today, the criminal court where trump is being tried is in a campus of court houses that us include federal courts and state courts, all kind of close together, and when roaming the campus today, i found no more than a couple dozen trump supporters and may be more anti- trump demonstrators, all of whom were very peaceful and usually very very quiet. so quiet that babies were sleeping in the shadow of the courthouse. literally. babies sleeping. that was the first photo i took this morning on my morning walk to the trump courthouse, sleeping babies. according to reporting in the new york times and washington post, babies were not the only r

sleepers in the neighborhood. reggae who was in the courtroom reports for the new york times under the headline, we read trump appears to doze off in the courtroom. donald trump seemed ultimately irritated and exhausted monday morning as his lawyers and prosecutors hashed out pretrial motions before jury selection in his terminal case. trump appeared to nod off a few times, his mouth going slack h and his head drooping onto his chest. the former presidents lawyer past him notes for several minutes before trump appeared to jolted awake and noticed them. under the headline trump seems to not off briefly as jurors get instructions. the washington post reports former president donald trump closed his eyes and appeared to not off monday afternoon in a manhattan courtroom as prospective jurors were instructed on what they would need to do to serve on the jury in his hush money criminal trial. trump closed his eyes several

times. he then abruptly cut himself and stiffened his posture. his attorneys refilled his drink and gave each other and awkward look at the defense table. awkward indeed. unfortunately the trial is not televised, so we have no video confirmation of the 77-year-old criminal defendant falling asleep -yin court. the trial will not be televised and the revolution will not be televised because they did not show up. not only are trump voters no longer willing to revolt for trump, they will not even show up at his criminal trials. there are actually 85,000 trump voters living just on the island of manhattan and none of them bothered to go down to the courthouse today. none of the supporters i spoke to her from new york. there are trump supporters from pennsylvania. if you include eastern

pennsylvania and driving distances of an hour and a half from the courthouse, there are several million trump voters who live on long island, connecticut, and new york state in new jersey and pennsylvania who could easily have been at that courthouse today. millions of them. but they don't care that much about donald trump. they will vote for him, but they will not revolt, they will not show up for him. so donald trump has given up asking them to even show up at his trials, and instead today he just asked them for money, money he told them he would never need when he began ne running for president and promised to pay for his campaign himself because, as he said, i am very rich. today, he asked for what he called 1 million patriots to send him money because he desperately needs it.

because he is not rich enough. but he did not ask for any patriots to come to his courthouse because he knows they will not come. they just won't come, and that is a very good sign about just how stable this country actually is tonight. the first words are trump heard in the courtroom today were from the clerk saying this is the people of the state of new york versus donald j trump. the judge immediately denied the latest trump motion asking the judge to recuse himself. the judge then moved on to some scheduling issues saying he wasi not yet sure about the scheduling request. regarding counsel's request that the court adjourned on friday, may 17 for mr. trump to attend his son's high school nd graduation, and friday june 3rd to allow a member of the defense team to attend their son's graduation, i cannot rule on those request at this time.

it really depends on how we are doing on time and we we are in the trial if everything is tr going according to schedule without unnecessary delays, but i am sure we will be able to adjourn for one or both of those days. if we are running behind schedule, we will not be able to. of course, if trump had been more interested in spending time with his son in the first months of his son's life instead of spending time with stormy daniels in those days, trump would definitely be available for his son's high school graduation this year. trump's son was four months old when donald trump spent an evening with stormy daniels that he just as easily could have spent with his baby if he cared enough about that baby. in 1982, the new york state supreme court ruled on the case of people versus parker, which

established what has become known as the parker warnings that a judge must give a defendant. before the potential jurors were called into the courtroom,n the judge gave it trump the parker warnings, that he gave er him when he was arraigned in the courtroom a year ago. the judge said although you have already had the parker warnings, i am going to repeat them at this time now. we are at a different stage in the proceedings. today we will begin to pick a jury, so these parker warnings take on special significance. you have the right to be present during the trial, and that is an important right. it permits you to assist your attorneys in advance of you. ey do you understand, trump? you can, however, on your conduct lose that right to be present if you disrupt the proceedings in any way if the law permits the court to

exclude you and commit you to jail and continue the trial in your absence. do you understand? trump, yes. if you deliberately failed to appear here for a trial, that will constitute a forfeit of your right to be present, a warrant will be issued for your arrest. the trial will continue in your absence and if there is a verdict of guilty and you again nailed to appear for sentence you will be sentenced in absentia and upon your arrest, the sentence will be executed se and you will be subject to separate persecution and separate punishment for bail jumping no matter what happens in this trial. do you understand that? trump, yes sir. 96 potential jurors were called into the courtroom, more than half were immediately excused after saying that they could not be impartial in the case of

the 34 potential jurors who remained in the courtroom, nineo completed answering every question on the judges 40 to question list. leading off our discussion tonight, adam who was in the courthouse today and who will be in the court every day for us at the trump trial. he is a fellow at just security, also andrew wiseman, former fbi, former chief and new york. he is coauthor of the new york times best-selling book the trump indictments, the historic charging documents with commentary. adam, on this day when things are just cranking up, we saw a bunch of rulings before any of the jurors were brought into the room to go through those questions. what was established by the judge in those rulings before the jurors you make >> one of the interesting things about those rulings was of course trump has spent the lead up to this trial trying to

discredit the judge, and has been saying how unfair he is, how compromised he is, and what the judge did was created very provisional rulings that, in many instances, were favorable to trump. he ruled trump at least at this stage, prosecutors cannot much in one of the fact that you mentioned in your opening, that he had conducted this affair while his wife was pregnant. the prosecutors cannot mention also that with the affair, with karen mcdougal, that that took place before the pregnancy with daniels, it was after the pregnancy. in another ruling, he had said that trump prosecutors cannot show the tape from access hollywood, that precipitated the campaign being in a tailspin. but the prosecutors can in describe it. these were detailed rulings, the judge is clear to observe

the due process rights of the accused, and also, giving the prosecutors a lot of runway to expand on their product. the case, which is that this was an effort to influence the 2016 election, showing that this is not only about one payment, that this was about an effort with the release of the access hollywood tape to put wo out a bunch of scandals, and he really threaded the line carefully, and in detailed form. >> just to go to one of these rulings that the judge made at the pretrial stage to show how tentative they actually are, this is the ruling he made about not mentioning, the prosecution should not mention that on your trump was pregnant while the mcdougal affair was going on, for example. so the judge says at this

moment, i do not think i think the prejudicial value of that excludes any probative value. we never know how evidence will come in, what will happen on cross-examination, whether any doors will be open. but for purposes of why we are here today, at this moment, i don't believe that that is necessary. that seemed to be the note on many of these rulings that at this moment were not, we do not anticipate allowing that, but then he makes the point that on cross-examination, can happen. >> yeah. that is very standard in the pretrial motions, where a judge will say what both sides can do and what they cannot do for the moment, but then depending on what arguments, and what evidence each side decides to

bring out, they can open the door to evidence that was previously held to be unduly. it can become relevant because it is unfair for one side to then make an argument that m could be responded to by the other side, but for that pretrial ruling. for instance, if they were to have a transcript of the tape, where the tape itself is not being allowed to be played, if for some reason the defense were to make some argument that it is inaccurate or does not reflect what trump actually said on the tape, that would open the door. i do not suspect the lawyers here will do that, that trump will open the door to it, but it is typical to have these preliminary rulings to set the ground rules for both sides. >> now that we have the transcript, we have had our hands on this for over an hour

of every word said in the courtroom today, is there anything in the transcript, now that we actually know every word said in the courtroom that jumps out at you? >> well, i think adam's point that the judge is being fair, has made rulings that were de favorable to one side or the other, depending on what the facts are, that struck me as a very quick sign. i think he is no-nonsense. for instance, the government made the argument that they still have not received discovery from the defense. the defense has to produce any documents they intend to use in the case to defend themselves. if they don't do that, they should be precluded, and what the judge did has said you know what, you have 24 hours to produce that. no more games. if you do not produce every

piece of evidence that you intend to use, it is precluded. so i thought that was a very strong definitive ruling by the judge. so i think he is going to run a very tight ship. he strikes me as somebody in the mold of judge kaplan, the judge who had the jean carol cases. i think we will see a very efficient, a very efficient trial being conducted here. >> i have been in courtrooms where every minute of the day we finally see the transcript, i noticed something i did not notice in the room because it moves at different speeds and s sometimes you don't hear every word. was there anything after you got the review where it th underlined or added to your understanding of what you are hearing? >> the proximity of those parker warnings that you showed viewers earlier. as you noted, these are warnings the judge must give, and in most instances when the defendant is not the former

president, it would be quite mundane, but it is quite extraordinary in this instance. a couple things struck out to me when i was reading the transcript. it was around the time that trump purportedly fell asleep. this is towards the end of the morning session. this is the time when most reporters were observing him nodding off. it is a striking thing to see ng the proximity between that moment and a former president a of the united states being read these extra ordinary things, a warning that he could be tried in that if he is disruptive, and a warning about bail jumping, that this is both extraordinary and totally mundane, that was what jumped out at me from a close read of the transcript. >> in any other case, i would not have bothered to read the re parker warnings. i just would not have bothered, but he is saying this to a

former president and all these references to we will come and arrest you for this interesting for that. we will squeeze in a break, we will be back. we will be right back. right b. ♪(voya)♪ there are some things that work better together. like your workplace benefits and retirement savings. voya helps you choose the right amounts without over or under investing. so you can feel confident in your financial choices voya, well planned, well invested, well protected.

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adam and aaron are back with us. so they got through nine jurors, that does not mean they have been accepted come up at nine have gotten through the entire 40 to questionnaire. it is more than 40 to questions because there are some questions. how does the judge feel about getting through nine today? >> he said towards the end that they are running behind. he warned that the court has taken off wednesdays to deal with other things on his socket because this is not the only case he covers, but today but towards the end of the day, there was an exchange with trump's lawyers, and he did say they are falling behind.

i don't know if he was saying that specifically in relation to the pace of jury selection or if the morning proceedings held them up, but there is definitely a sign from the judge. >> was he holding the trump side responsible for that? >> i will back. in a way, that is a valid interpretation because early on in the proceedings, he did tell them when traps lead attorney was complaining about seeking pretrial clearance, they need to get clearance from the judge before filing any more motions, and the judge said the reason we are doing that is that you inundated us with motions that are near frivolous, if not privileged. so that might be one of the things that the judge had been saying in the subtext in that moment between him and todd blanche was saying that we are behind schedule, and he told

them earlier, there is one reason we are behind schedule. >> he said if you want to go to the high school graduation, do not delay things. what do you make of the progress today? >> you know, i thought it was fine. i want to make sure everyone understands what is going on here. there is this enormous selection process where the first cut is to try and make sure you have weeded out everyone, which is called a for cause challenge. people who cannot be fair and impartial were say that they have such strongly held views that they really would not be able to put those aside, that is sort of one huge group, but then the second part is what is called peremptory challenges. that is where both sides get a certain number of strikes where they can strike a potential juror from the pool, and that is why there is all these

questions that are not going to, you know, can they be fair and impartial, it gives the plaintiff's side and dependence side, the state and donald trump more information about the jurors. so there is just a lot more to go because there is going to be the phases, and then finally with respect to that second phase where both sides are sort of deciding who they want to strike, who they do not want to have on the jury, there can be some immediate litigation if one side or the other thinks that people are being struck because of improper grounds, and that is that the supreme court has said improper grounds were if you try to strike somebody for instance based on race, so i have had lots of cases when i was a prosecutor where certain defendants will strike as many prospective jurors as possible and that

leads to what is called a batson challenge, which is the case that you cannot use race as a criteria. there is a lot more to come in picking this jury, and we will see if there are challenges where one side or the other accuses the other side of using race or some other improper means to try and strike and form a jury improperly. >> quickly, how long does it take to litigate one of those challenges if the prosecution or the defense wants to go after one of those challenges, that this is based on race and we went to fight about it. >> litigation happens immediately and there is no appeal. it happens right then and there. one side makes the argument, they present the data to support it, you can be sure both sides are keeping track of

what prospective jurors, what race, what gender, what national origin they are to see if one side or the other may be violating that. but that is a quick process. i think people should be worried about is this going to take weeks to litigate, it doesn't, but it is sort of very unpleasant litigation because essentially one side or the other is accusing the other side of essentially, let's just say being racist in the conduct. i am not saying that will happen, but it is something that is seen, it is because unfortunately, in this country, it is something that does happen and it is prohibited under the law. >> adam, thank you for joining us after your long day. >> absolutely. >> andrew will hang around for the next discussion.

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trump/pence at that time after midnight tonight to file with the new york attorney general proof that he or his

bond issuer is actually capable of paying the $175 billion find that he pretends, at least, to have obtained in his civil fraud case to pretend the attorney general from seizing his assets, which he can do if that bond is fraudulent. attorney general letitia james is demanding more information to prove to the court that the bond issuer, light specialty insurance company, which is not licensed in new york is qualified to pay the bond if trumpet loses on appeal. the wall street journal reports if trumpet does not meet the monday deadline to provide detailed information about the bond, the attorney general could begin enforcing the broad judgment. the judge will hold a hearing on this issue next week. the new york times is reporting today that shares of donald trump social media company

plundered on monday after the company filed to register the potential sale of tens of millions of additional shares. investors reacted to the notion that if a flood of new shares were to hit the market, they could depress the company's stock price. turning to our discussion is tim o'brien for bloomberg opinion and author of the book trump nation. he is an msnbc political analyst. andrew is back with us. this filing, which we have not seen yet that should be coming by midnight from trump's attorneys needs to explain whether that one $75 million bond really is a guaranteed form of payment. >> absolutely. it is just so remarkable. this is somebody who has been found by two juries to have

defamed somebody, who has been found to have sexually assaulted somebody. the company of which has been found criminally liable for a decade-long tax conspiracy criminally, and has been found to have committed fraud, has to post a bond of $175 million, is on trial starting today for a criminal case involving 34 felonies, and he cannot find a company that is registered in new york, meaning they are licensed to do business here, which it appears they are not, and that has the wherewithal to pay the money. remember, the whole point is that you either have to put up the money now or you have to find a bond company that is sufficiently liquid that the plaintiff can look to that aunt company if at the end of the day the judgment is affirmed, so this may have been just a

way of delaying the enforcement mechanism. i think it turns out that they, that trump has gone to a company that is simply not qualified and liquid enough to do business and to post this bond. it is remarkable in this situation. this is the former president of the united states, and there seems to be no end to the shenanigans that he will engage in. >> is there any possibility of trump's on paper earnings from this stock issue that has just come out that he is part of? is there any possibility of that intersecting with this and somehow supporting his ability to pay this bond? >> absolutely not. this company came public in the murky list of ways. it did not become public through a normal ipo process.

it brought the public interest back. i will not bore you with the details other than to say it dodges around the normal transparency and disclosure process. investors drop into companies that are supposedly in for lack of transparency. since trump media became public, it has dropped about 70%, and it is probably going to plunge much further given its financials and given other companies that have made public offerings. maybe it won't, i will note i am not a financial adviser and i am not giving financial advice, but if you just look at the trajectory, it is in very bad shape and regardless of the price dropping, trump is not able to sell his shares unless the board decides to do some sneaky things that might get him in trouble.

he is locked up for another five months or so. so this is all paper money and he can't touch it. in the midst of all this, we are shocked to discover that trump is doing business with people who might not have the business wherewithal to do what they say they are doing. the very language of this bond contract indicated that he might not even get the money to the state of new york and it would default back onto trump. that is the problem. the company has not been properly vetted in the state of new york. that is a problem. they have about 90 minutes or less now to file the paperwork demonstrating they have the wherewithal, and if they don't, new york state attorney general can try to find other avenues working at the money that new york residents could be guaranteed to be paid. the whole thing is a mess and

he does not have many good avenues financially for getting around this. >> the clock is ticking on trump's in so many ways. thank you both very much for joining our discussion tonight. >> thank you. while trump spent his day as a criminal defendant in the manhattan courtroom, the biden and harris campaign was on the move today. vice president kamala harris was in the crucial state of nevada reminding voters that trump is fully responsible for overturning roe v wade and threatening reproductive rights for women throughout the country. simon will join us next. next. start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand.

love you. have a good day, behave yourself. like she goes to work at three in the afternoon and sometimes gets off at midnight. she works a lot, a whole lot. we don't get to eat in the early morning. we just wait till we get to the school. so, yeah.

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to screen for colon cancer that's effective and non-invasive. it's for people 45+ at average risk, not high risk. false positive and negative results may occur. ask your provider for me, cologuard. today, with two to three days until the november 5th election, donald trump, or public in nominee for president of the united states was sitting at the defense table and a manhattan criminal court is a criminal defendant. the biden and harris campaign is out living across the country, talking about the issues that matter the most. vice president kamala harris returned to nevada for the first time this year, unimportant state where she told voters the abortion bans that we are seeing in states like arizona came from donald trump. >> let's be clear that when he

sits back and says well, i believe the states should make these decisions, he says, right, okay, so you believe that the states have a right to reinstate laws from the 1800s. to criminalize healthcare, to provide prison for life. no exception. four crimes of violence to someone's body. so let's all be clear. what we are seeing in these states that we are talking about our trump abortion bans, and he can't get away from that. those are trump abortion bans. >> trump abortion bans. while in las vegas, vice president kamala harris, and arizona state senator, ava birch spent time canvassing for signatures to get a measure on the november ballot to codify

abortion rights in the nevada constitution. here is what senator burge said last week on the arizona supreme court supporting an abortion law written in 1864 long before arizona became a state. >> good morning. i am state senator birch. a couple weeks ago, i had an abortion. a safe, legal abortion here in arizona for a pregnancy that i very much wanted. a pregnancy that failed, like many of my presidencies before it and an embryo that was dying and a miscarriage that was destined to happen. somebody took care of me. somebody gave me a procedure so i would not have to experience another miscarriage, the pain, the mass, the discomfort, and

now we are talking about whether or not we should put that doctor in jail. this is outrageous, that we would even dignify the consideration of this type of ban. >> here is what senator burge said in nevada today. >> the decision to choose when and how to start a family longs to each of us as individuals. it belongs to you and it belongs to me. they will stop at nothing. they will stop at nothing to take it away from us, and it is about control. this can happen anywhere. what is happening in arizona is not unique. it is happening across the country and it is another hurdle in the fight or reproductive freedoms, it will not set us back if we keep pushing forward, if we keep pushing back. we must re-elect joe biden and harris to protect abortion, not just in arizona, but nationwide. this is the fight of our lives,

and i am here for it. >> turning now to simon rosenberg, a democratic strategist and author of chronicles on sub stack. the fight of our lives, he listened to senator burge, when you listen to the vice president speaking on this, it just could not be a more urgent issue in the terms that they put it, and there is donald trump sitting in a criminal courtroom, has no running mate to be out there the way the vice president is out there. donald trump sitting in a criminal courtroom in manhattan. >> first of all, this is a tough segment to follow. those were amazingly powerful and emotional words we just heard. i think that this has been a very bad month for trump. not only is he in this trial, which he covered well today, i

think what happened with abortion over the last 10 days may be the thing that broke the camels back, it may be the thing that set trump off on a path to lose this election because what he did in his idiocy and in his diminished state is he believed he was going to come out and sound moderate with that he was going to lead it up to the states. what he was really doing was affirming and endorsing the most extreme abortion restrictions in the country. so he confirmed for all of us that he is the most powerful and brilliant abortion extremist in america. that was something that we did not necessarily know. he ended roe v. wade, but now he is affirmed in front of our eyes that he is the most dangerous extremist on this issue, and that is not something they will be able to wiggle out of because he is for the idaho band, for the arizona law, and if he can be for those lost, he can before banning abortion across the country.

so i think the election changed. it will take a while to move through the polling, but i think this was a definitional moment for him or he made it very clear that if you were worried about maca and voted against them, we are seeing today is far more dangerous and more extreme than any other version of maga. it is a problem and it is why i remain optimistic about what will happen in the election. >> we are out of time, thank you very much for joining us. >> thank you. >> we will be right back. back. >> woman: i have a few more minutes. let's go! >> tech vo: we came to her with service that fit her schedule. >> woman: you must be pascal. >> tech: nice to meet you. >> tech vo: we got right to work, with a replacement she could trust. we come to you for free! schedule now for free mobile service at safelite.com. >> singers: ♪ safelite repair, safelite replace. ♪

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