>> reporter: paris has never seen anything like it. and in 100 days, we will all get to share in the celebration. keir simmons, nbc news, paris. >> our friend keir simmons and the city of light to take us off the air. tonight. and on that note, i wish you a very good night. from all of our colleagues across the networks of nbc news, thanks for staying up late. i'll see you at the end of

tomorrow. tonight on all in. >> well, you know, jury selection is largely luck. it depends who you get. >> reporter: jury selection week in new york versus infrastructure week in pennsylvania. the tweet inside trump's criminal trial. >> can you imagine having all of your old social media posts about trump read aloud while he is sitting right in front of me there? >> and inside the maga revolt on the sham impeachment. plus, new alarm over the conservative court's take on january 6th charges. >> would pulling a fire alarm before a vote qualify for 20

years in federal prison? >> and another painful answer to the question the trump campaign keeps asking. >> are you better off than you were four years ago? >> when all-in starts right now. good evening from new york, i'm chris hayes. it's wednesday which must be donald trump's favorite day of the workweek because his new york criminal trial for election interference is not in session on wednesday. on wednesdays he does not have to sit in the courtroom eight hours where he must be quiet and cannot control what happens. and on wednesday he does not have to listen as they read into the record what people say about him in the real world. that is what happened in the courtroom yesterday. for any american other than trump himself, negative posts are the most mundane thing

possible. more people dislike him than like him by a margin of nearly 12% though that has been higher in the past. both in 2016 and 2020, donald trump lost the popular vote in this big great complicated country of ours by a significant margin. by 2.8 million votes in 2016. by 7 million votes in 2020. neither election was that close to be totally honest. trump has displayed what vanity fair calls losing touch with trump endorsed candidate after candidate going down. but because of that one victory in 2016, people believe a small set of elites dislike donald trump and the real folks love him and that perception exploded in a place where the people congregate. in a jury room in a courthouse.

this week, in manhattan criminal court, people reported for jury duty. many of them were considered for the very first trial of an ex-president. a bunch of them told the court there is no way i can serve on this jury. there is no way i can be impartial about this man. others who made it through the initial round of questions who said i think i can do it, then had their social media posts about the former president read aloud into the official record as they and trump sat and listened. it went something like a jimmy kimmel mean tweets skit. good news, trump lost his court battle and his unlawful travel ban. get him out and lock him up. watch out for stupid tweets by d.j. t. some memes as picture of

president obama and president trump. i don't think this is what they mean by orange is the new black. and another, i'm dumb as f, trump 2024. some people in the jury pool appeared to support him like the man who said he would quote love to serve for new york and one of our great presidents. and that man, too, representative of real people. americans, manhattan new york county, new york, new york, where 85,000 people voted for donald trump out of 700,000. that's what donald trump had to sit through yesterday. now keep in mind, this is a person whose entire life in some way resolves around a sick destructive desire for praise and revenge against those who dare to say anything negative about him. that desire is so strong he has an aide following him around with and i'm quoting here, a wireless printer to provide him with an ongoing stream of good

news from the internet. presumably, she followed him to the bodega in harlem after a long day in court. where trump staff might have instigated these chants among the crowd. >> four for years! four more years. four more years. trump, trump, trump, trump, trump, trump. >> yes, harlem bodegas infamous for the spontaneous trump crowds that break out into four more year chants. trump's fragile ego was further on display in a social media rant against jimmy kimmel who slighted him at the oscars. he did that thing mid performance and according to trump, stupid kimmel still has not recovered.

he then went onto confuse jimmy kimmel with al pacino with four more paragraphs. manhattan is not exactly representative of all america. but it is home to real american citizens and people who don't like him are every bit as american as those who do. in fact, and again, obvious point, but understated. they are the majority. as the first few days in the first ever criminal trial of a former president has reminded us. olivia is the washington correspondent for new york magazine. elizabeth is a contributing opinion writer for the new york times where she has a piece on how quote donald trump's secret shame about new york city haunts his trial and they join me now. good to have you here. i liked your piece in the times about the specific psychological injury of a person who is obsessed with new york and status in new york to have to sit before a manhattan

jury and have people mean tweets read about him and face their judgment. >> he has been in florida most of the last few months where ever he decides to be that is not new york because he thinks he has been rejected by a certain class of elites here. and you sort of have to understand this is part and parcel of how he thinks about himself. and it really kind of intersects with the way his voters think about him. and he thinks he is the barbarian at the gate. charging against the establishment. and, for new yorkers, he is more like the barbarian at the wedding where, you know, you don't want him there. he is being inappropriate with women, he will probably break something and you have to pay for it. so that is the disparity. >> he will endure the scrutiny of his own home turf. we are familiar with his antics in new york.

the lawsuits, the bragging. his slipping through the legal system just fast enough to avoid the con convinces of his actions. he rose to fame here but was never truly accepted by the old money elites. just the death by a thousand cuts. ego death of him sitting in a room where he doesn't control anything listening to people say nasty things about him which is probably his least favorite thing in the world. >> he seemed very checked out before it was reported that he had fallen asleep. he seemed very checked out. the press secretary for a time. one of many in the white house. who wrote in her book that the only time that she ever saw him sit still was when he was watching sunset boulevard at camp david.

this is not a guy who likes to sit and think. and i was also thinking about michael daley, he happened to have jury duty with donald trump. and he came back to the office and he reported he sat there, i will never forget it, like a bag of cement. he had no interior life. and the lights just seem to shut off. and nobody was home. he can't sit still i assume because it is terrifying. >> in some ways the trial itself is its own kind of prison for him. it might be as close as he will ever get. this is the weird aspect of this whole thing. he feeds so much off attention whether positive or negative that negative attention he will take. that deep pathology. >> here the judge is actively telling him to sit still and be quiet. >> it is also the case, the

grand irony that this person who i think has no organic connection to outside a narrow filament of human society. right? like, you know, new york real estate. people that come through mar-a- lago, palm beach has become this sort of like man of the certain set of americans. in places so far from manhattan that loathe it and he is like the weird, yeah, the sort of symbol of that loathing though he clearly loves it. >> the people who really support him believe the elites are out to get them. so if he says the elites are out to get me and he genuinely believes that on some level, it reads as authentic to people who want to support him. >> and that authenticity of how spurned he feels all the time is the thing that works in a way that doesn't work in of his knockoffs. what do you think about the trajectory of this in terms of

the campaign? as someone who covered this? >> it is interesting because by normal standard of a campaign in a normal plane of existence, this would not be a positive development. it is not good to have your candidate splitting his time. the court and the campaign sharing custody of him. the campaign gets him on wednesday. the court gets him on monday and tuesday. he has weekends to himself. it is demoralizing ridiculous things. when it comes to activating what they call the super case of his supporters it is very helpful to have him appear to have his back up against the wall. they like him when he is in a fight. he was always bad without a villain and someone he could cast himself as a cartoonish hero. it was very difficult for him to campaign effectively against joe biden. he could not decide a way to make him an enemy. so, more often you would hear him still talk about hillary or obama at a rally than joe biden

because nobody really cared. >> when he says he is persecuted by democrats and this is political theater, that is another thing. they believe that is happening to them. >> he shared a split screen of all of these different channels. shows him outside the court and a congratulatory statement about the wall to wall coverage. i was thinking in no other universe would this be a positive development for a campaign. >> i have a theory. i don't know. it is firmly held but maybe false. maybe. i think that he thrives on negative attention. i think he has inverted people on whether negative attention is good. people now think it is good. that why kari lake didn't win in arizona as you covered that

race. >> you are defined by your enemies. >> but there is a reason that politicians don't generally court negative attention. they are not like, they are not pop stars and they are not shock jocks. they have a different job, which is to get 50 plus plus one. if you get negative attention, that hurts you and that has been the mathematical case with donald trumpment we just lost sight of it. the negative attention doesn't make him more popular even if it supercharges his base. >> i know he still wants to be liked. >> he doesn't like the negative attention. >> he operates like a human ab test. he looks at the last reaction he got and if it got him a lot of attention, he just repeats it again. he registered amplitude of reaction. but not whether it is negative or positive. he considers failure when people ignore him. >> i also think the sheer duration of this. i just keep thinking about, again, i actually find it sort of relatable. i think i would have a hard

time sitting still that many hours. the sheer duration of what is happening here. it will get really old really fast. >> i don't know how he will do it and it is sort of relatable and it will probably be able to help him to say to his supporters if he holds a rally between court dates. it is boring in there. >> i think the outcome rendered by those average new yorkers which will be the people that ultimately decide his fate will actually have an out sized effect either way. when ever the spectacle of his sulking and bodega visits are. >> it will sort of mute his personality a little bit. we all have to watch trump sitting there fidgeting. disengaged. it really counters the impression he tries to put out he is the high energy guy.

always out there. >> and the dominant figure. >> very diminished and weak in there. he is not in control. he is captive to the whims of the court. and i think for a lot of the country, it will be compelling to see him looking like a criminal until there. >> i heard they are setting up a pet store thursday. and a dive bar on friday. thank you very much. coming up, a failed impeachment. a maga revolt and are democrats going to be the one to save mike johnson's job? a dysfunctional day in the u.s. capitol. that's next. the u.s. capitol. that's next.

every day the house is in session is a day of barely contained chaos. we had the republicans delivering their farcical impeachment of alejandro mayorkas to the senate and the

senate held its impeachment trial today. that procession happened yesterday. today was the trial. despite every attempt by republicans to delay the inevitable it took all of three hours for the senate majority to dismiss them as unconstitutional. ending the proceeding. watching all of this. maybe you think of a parent watching, a young child grabs her phone and pretends to be on a work call doing their six- year-old impersonation of the meeting. the impeachment of mayorkas had most of the formal elements with zero of the understanding of the underlien content. during a week that donald trump's trial is starting. and it is falling apart after taking control just a little over a year ago. congressman robert garcia

serves on the oversight excite tee and joins me now. you have been outspoken. it failed the first time. what is your reaction to what the senate did today? >> what a total joke. we know that was a lot of theater for nothing. we know that marjorie taylor green started this impeachment process. she is the same person that started the joe biden impeachment process. she is the same person that is trying to cause as much chaos as possible. the senate did the right thing. within a matter of hours, that whole impeachment sham was over. there are real issues of the border. this is all theater. this has been a clown show week. >> let me ask you in good faith

about the precedent as a member of the house, this is a violation of institutional forms what is your response to that? >> that is hilarious. , they have been broken by house republicans over and over and over again. the norm is trying to impeach a secretary for actually doing nothing. there are no high crimes. no links to any wrong doing. so this idea we are somehow breaking a norm here. i mean, they are the shatter norms every single day. this is about all the distraction they are doing. >> i wanted to get your

response. there will be a motion to vacate. they won't vote for the rule he needs. nicholas wu, a really good capitol hill reporter posted this. he said hearing this is making the rounds on freshman lawmaker text chains. going up the roller coaster and the skeletal remains of the retiring members on the way back warning them about what lies in store. what is the move like there? >> well i'm a freshman so i can relate to that. i have seen that image on my phone multiple times today. but the mood is we are just watching a complete implosion of the house republicans. it can barely keep the speakership. they are doing all the fake impeachments. trying to impeach president biden which of course we know there is zero evidence linking the president to any sort of wrong doing. so we just want to get to work.

they can barely govern so they turned this into a joke. >> so, johnson has the four bills. lined up. they ended up being similar to the package with some of the aid to ukraine. the key thing is the rule is going to fail. so what is your understanding of what democrats are being instructed here? are democrats going to be the ones to vote for the rule? or vote to keep them in the chair or basically bail him out? >> there is no scenario where i would ever vote to keep the speaker in office. i know that some democrats may have different opinions. that is absolutely not mine. so i will not be providing a vote. i think most progressives agree

with that position. he has made this mess. in no way would i ever support a vote to keep him in the speakership. >> what about the rule? do you expect that because the rule will fail unless democrats vote for him. so is the minority leaders, is anyone whipping on this? is there any concerted collective action on thisover is this going up in claims? >> we are fully behind our leader. we are fully behind hakeem jeffries. he is the one having discussions. negotiating on behalf of the caucus. when he gives us the go, and we understand what we need to do, that is when this rolls out. but at the end of the day, this right now is on the republicans. we will see where they are at. >> it is so funny. these dynamics matter so much on that. being able to keep your caucus and deliver a caucus vote and

party line vote. it is precisely what we are witnessing. thank you. >> thank you. coming up, the supreme court has a sudden concern for the rights of protesters when january 6th defendants ask to have their charges dismissed. that troubling story ahead. rge that troubling story ahead. amls pick an order print everything you need slap the label on ito the box and it's ready to go our cost for shipping, were cut in half just like that go to shipstation/tv and get 2 months free

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remember ronald reagan asking about jimmy carter. >> reagan used to ask.

>> are you better off. >> are you better off. >> are you better off. >> better off. >> better off. >> better off. >> better off. >> than you were four years ago? >> we are committed to keep appsing this question. are you better off than you were four years ago. i think it is crazy they keep asking the question. >> are you better off than you were four years ago? i don't think so. >> really? the difference between where we are today and where we were four years ago is staggering. four years ago, back in 2020, things were awful and they were getting worse. let me show you. these are the front pages from four years ago today. april 17th, 2020. the new york times shut down pushes americans to economic edge. the washington post. unemployment claims rise to 23

million. jobless claims tsunami tops 22 million. a jobless tsunami. four years ago today this very day. the same day the u.s. recorded the highest number of lives lost to the virus in 24 hours. nearly 5,000 americans dead. now, listen to the reporting from that night's evening news versus what donald trump was saying in his 144-minute press conference that day. >> tonight, the battle over reopening america as the u.s. death toll surges to over 36,000. >> you have fewer people that are sick. fewer people who feel they have to go to a hospital. the numbers are dropping. you will hear a lot about reopenings in the coming weeks and month. >> president trump tweeting a call to liberate single states. >> they don't have a decline in cases yet. yet you tweeted out today you would like to liberate them. >> they are very, very, very, what they have done is very powerful in terms of i think,

you know, you can get the same result out of doing a little bit less what they have done to some people is very unfair. >> encouraging protesters the day after saying governors would call the shots. >> they seem to be very responsible people to me. but it is, they have been treated a little bit rough. they want to take their guns away. okay? they want to take their guns away. >> the growing concerns over where your food comes from. over 600 meat packing workers in south dakota now testing positive. a growing number of plants shutting down. will it cause shortages at the store? >> we don't have any hot spot that has developed where all of a sudden you say other than we did have a meat packing plant. or two. where, incredibly, we had some, you saw the number was rather incredible. took place in that plant. >> from pennsylvania to wisconsin to colorado, employees working in tight quarters have complain about a

lack of protection. >> as a weird situation. but generally speaking, it has been very good. the numbers have been really improving greatly. >> the nightmare at nursing homes. severe staffing and equipment shortages. families not even told when their loved one has died. >> i hope we can. it is great for the country. great for a lot of things. we handled that situation incredibly well. i hope people understand it. i wish the media would get the word out. >> 5,000 people dead in that 24 hours. four year ago today. you tell me. you tell me. you better off today than you were four years ago? were four years ago?

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on tuesday, the supreme court heard oral arguments in an appeal from a former pennsylvania police officer named joseph fisher who face multiple crimes for shoving his way into the capitol on january 6th. he was charged with obstruction of an official proceeding. which in this case of course, the congressional certification of the 2020 election. hundreds of others have been charged or convicted of that as well. he wants that felony charge dismissed and the majority conservatives of justices sounded sympathetic to his argument that the obstruction law should only apply to evidence tampering and not say a congressional proceeding. hundreds have been charged with

this charge and so has donald trump. the court appeared to hold a sudden concern about the first amendment right to peaceably assemble. the possible use of this statutory charge to overreach and criminalize it which would be a perfectly legitimate concern if not for the fact that on monday, the day before the same oral arguments the same supreme court acted by not acting allowing it to be legally impossible to organize protests in three states. particularly black lives matter protests. in that case, a louisiana police officer was injured by a protester and sued the man who organized the protest. and a federal court of appeals found that the organizer would basically be sued into ruin nation if a single protester commits an illegal act. the man police say organized the protest in question was

jurae mckessen. black lives matter activist. host of the podcast pod save the people joins me now. good to have you here. >> good to be here. >> so i want to walk people through this. this was a protest in baton rouge in 2016. you were one of a bunch of people organizing protests. i was not one of the organizers. all of the legal documents. >> you are like a person protesting. >> i was out there supporting the protest. i was in jail 17 hours so i was as shock as anybody to get charged with this. i was sued by five police officers. we got them all dismissed. they appealed and we got lost on appeal so i have been dealing on this loss on appeal since 2016. >> i want to be clear because

there are some pretty firm precedent. like it cannot be the case that you could have a functioning first amendment with the right to peaceably assemble and the right to have protests if any police officer who happens to be injured by one person at that protest can then say that this other person is civilly liable for that injury which is the theory of this police officer and the supreme court in past precedent said it doesn't work this way. >> you can't sue a protest organizer if someone else commits an act of violence. did he even get hurt? i don't know. he never produced anything to say there was actually an injury. >> do we want to open the door? and there are other examples, too, in 2023.

the court had another case. which sodomeyer talks about. we have court precedent saying this is nonsense. so, it seems to me, you have a real rogue fifth circuit opening a dangerous door for peaceful protest. >> remember we went to the fifth circuit twice. got split opinions twice. this was the second time at the court. the first time the supreme court said we need to ask louisiana state supreme court if you can be sued so we go to louisiana. they say yes. i can be sued. we are like that's not good. and then we come back to the supreme court. and thankfully, sodomeyer's statement makes it so it will be very hard to apply the fifth circuit's logic in the decision they made about my case. >> you seem confident at the lower court level this is basically temporary. >> yes. we think that sodomeyer's statement will make it impossible to enforce what the

fifth circuit did. and we feel confident we will win my case when we go to court and people should not be nervous to protest. the aclu has said they will represent people if someone trying to invoke the fifth circuit decision. but we are thankful sodomeyer's note makes it difficult to apply it. >> this is a wild case. >> in the face of all precedent and logic, and the importance of civil disobedience and protest in this country's history to create this liability standard is just, i mean, the implications of it are bizarre. >> and you get caught up. the aclu supported me. the sheer amount of time and energy it has been to turn over the text messages. i got deposed in this case.

the district court case got put on hold waiting for the supreme court. now we have to go back to district court. >> this is part of both sort of the lawsuit itself. the fifth circuit's logic to extend the fact the supreme court didn't step in to proactively say this is nonsense. it seems all the peace with a lot of backlash against protests on the right. i wanted to ask you about senator tom cotton of arkansas talking about people protesting the war in gaza stopping traffic. who place themselves. basically said you should take matters into your own hands. and they may have to have their skin ripped off if they were glued to something. what does it do to american democracy to have prominent folks like that in prominent positions with their sights on protesters in this one? >> i think their intent is to have a chilling effect so people won't go to the street but the good news is there is a long history of civil disobedience. it will be ten years since the protests in ferguson that birthed a movement.

a generation of people coming to the streets and i don't think they will stop. the protests around gaza, abortion. you know, that would be very quick. >> you are absolutely right. if they could find you saying take matters into your own hands you would be in a lot of trouble. good to have you here. >> good to be here. coming up, president biden warns netanyahu against escalation with iran. will he listen? a precarious situation in the middle east next. le east next.

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just one day and 4 hours later, this happened. >> just filed articles of impeachment on joe biden. we'll see how this goes. >> we'll see how this goes. biden had been president for less than 30 hours when house conservatives decided he'd already committed high crimes and misdemeanors and needed to be removed from office. since the very start of his administration republicans have been desperate to try and