welcome to prime time weekend, let's get right to the week's top stories. with less than two weeks to go before he makes history by becoming the first ex-president of these united states to ever stand trial on criminal charges, donald trump is turning to a tactic straight out of a mobster's playbook. the ex-president, going after the daughter of the new york judge, judge merchan, who is overseeing the criminal hush money case. in typical trump fashion, his attacks have been filled with foaming at the mouth rage and bluster, and conspiracy theories with a dash of disinformation for good measure. the ex-president accusing the

judges daughter of sharing a photo of donald trump behind bars on social media. court officials quickly knocked that down, but trump hasn't stopped going after the judges daughter. he has posted about her at least four times since tuesday morning. trumps attacks began one day after judge merchan imposed a gag order on donald trump, prohibiting him from lashing out against witnesses. jurors, court staff, and prosecutors, although donald trump can make comments about the judge and trump dancing around his gag order with an appalling attack on the judges family is part of a pattern for donald trump. we who cover him are all too familiar with it by now. trump attacks anyone and everyone, who is part of any process that seeks to hold him accountable, especially when he gets nervous about it. inevitably, threats, intimidation, and even violence and sue. the situation is so dire and so troubling, so unprecedented, and such a deep and obvious

threat to the rule of law that a sitting judge has taken the extraordinary step of speaking out. federal judge reggie walton, a stalwart conservative appointed by president george h.w. bush, and george w. bush to the bench has faced threats because of his work and handling january 6th the defendants in their cases. here's what he had to say in those extraordinary public comments last night. >> it's really disconcerting to have someone making comments about a judge, particularly problematic when those comments are in the form of a threat, especially if they are directed at once family. we do these jobs because we're committed to the rule of law and we believe in the rule of law and the rule of law can only function effectively when we have judges who are prepared to carry out their duties without the threat of potential physical harm. >> without ever mentioning donald trump by name, judge

walton pointed out that anyone with a platform much less the kind of platform that comes with being an ex-president and the current presumptive republican presidential nominee has a responsibility to be careful with what they say. >> i would think that any reasonable thinking person would appreciate that when they say things, they can resonate with others. i think that's particularly true when you have somebody who has status in our society, and they make certain statements, it can cause people to act on those statements even if they don't necessarily intend for someone to do so. i think it's important that people in positions of authority be very circumspect in reference to the things that they say, so that they're not causing others to act on what they say and maybe cause injury or death to someone as a result of that. >> even more direct, says walton from a colleague and friend of this show, who

lamented that judge walton even had to do what he did there, go on television to defend the rule of law and the justice system from an ex-president, tweeted this, the nation is witnessing the determined delegitimization of both its federal and state judiciaries. and the systematic dismantling of its system of justice and rule of law. the former president of the united states. never in american history has any person, let alone a president of the united states leveled such threatening attacks against the federal and state court. and federal and state judicial officers of the kind of the former president has leveled continually, now, for years. suffice it to say, never in history has any person leveled such attacks and then met with such passivity, acquiescence, and submissiveness by the nation. the threat to the rule of law posed by an ex-president who does not hesitate to target

judges and their children is where we start today with some of our favorite reporters and friends. former federal judge michael dudek is here, also with his former assistant u.s. attorney and msnbc legal analyst is here, plus msnbc legal correspondent lisa rubin joins us, and our friend at msnbc national affairs analyst john heilman is here. it's time to do something different. we're not going to have this conversation again, i've come on the air with breaking news about request for gag orders because of threats for judges and their kids more times than i can count today before i got ready. and i think it's time, i don't know who has to write the banners at the bottom of my show, but donald trump broke the rule of law. we should cover a broken judiciary in this country. donald trump managed to delay every federal criminal trial based on fact that he barely denies. donald trump managed to enlist the supreme court in a delay of process, the highest court in the land. donald trump brazenly and

repeatedly attacks not just judges, and i've had the privilege of sitting across not just from you, but from whose son was assassinated by a crazy person. judges don't have secret service protecting them. they don't even always have, her child answered the door. what are we going to do different, because donald trump sure isn't changing. >> nicole, thank you for having me with you this afternoon. first, we all should congratulate and thank judge walton for his interview last night, coming forward with the perilous state of the federal judiciary. it took great courage for him to do that. he is one of the first, to my knowledge, sitting federal judges ever to appear on television, to speak about a

need of the federal court system. we all have to understand that, from the first time that the former president began his attacks, vicious attacks on the federal courts, and the state courts, and their individual judges, his objective was to do delegitimize those cords. so that when and if they ruled against him, in the various matters that he's been charged with, then at least his followers, if not a good part of the nation, would dismiss those rulings against him as having been politically inspired and motivated. in particular, in most of these instances, politically inspired by resident joe biden in his

administration, merrick garland and the department of justice, that led into what we have today. the former president is now actually campaigning for the presidency again of america's institutions of democracy and law. he's the only one at the moment the claiming that those institutions are no longer legitimate. but, many and many of his followers believe it today, and they will cast their votes in favor of donald trump in november on the basis that our institutions of law and democracy are no longer functioning. that's the tragedy, that's the tragedy that the nation faces right now. we've acquiesced in that to

date. acquiesced, meaning, not one single person in a position of responsibility to address this issue has done so, for want of courage unless we as a nation address this issue, then we're careening toward the effective end of the rule of law in america. >> judge, let me press you on that. i think acquiescence and passivity are the words that captured my attention in your tweet. trump, has achieved the mission of delegitimizing our elections. steve kerr nikes analysis of the exit polls from super tuesday suggest that anywhere from 58 to 65% of republicans who dissipate on super tuesday, think donald trump won in 2020.

donald trump use of the criminal actions against him as a prod to raise money and to raise fervor and he's already delegitimize the criminal prosecution and justice system in a manner more successfully than any professional mobster. the reason that some of the safeguards exist in the criminal justice process is because even a hardened criminal is interested in serving less time. trump isn't, he's interesting in pardoning himself, there are no levers inside american criminal, but in the criminal justice system there are no levers to press when it comes to trump. how do we adjust and adapt? >> you're exactly right, nicole. as i've said over the past months, donald trump has largely succeeded in delegitimizing both america's

democracy and elections, as well as the constitution and the rule of law. to your reference, to a mobster, make no mistake, a mobster could never posed a threat that donald trump poses to american democracy and the rule of law. it's the fact that he was a president of the united states of america and is now attempting to delegitimize america's democracy, the constitution, and the rule of law. that's the existential threat that faces america today. >> i don't know, judge merchan, i don't know his daughter and i would never lay on to them any perceived reactions to these threats. but i am a parent, when you are a parent, anyone that threatens

your child, it is a terrifying and paralyzing reaction. that any parent has. that is, we give these individuals space, and we don't platform the attacks but i think we're post platform. i'm going to make the decision to read the attacks on judge merchan's daughter. trump posted this to his millions of followers. judge merchan is totally compromised and should be removed from this trump non- case immediately. his daughter, lauren, is a rabid trump hater who has admitted to having conversations with her father about me. and yet, he gagged me. she works for to joe biden, kamala harris, adam schiff, and other radical leftists who campaigned on getting trump and fund raise off the biden indictments. including this witch-hunt, which her father presides over, a total conflict and attacking biden's political opponent through the courts. former d.a. cy vance refused to bring this

case as did all federal agencies including elections. that has been disseminated,, that is out there. what, in your view, is the appropriate response? >> that, nicole, is the republican party's nominee for the presidency of the united states, in november of 2024. the republican party has enabled donald trump up to this point. for the past 3 1/2 years, and it's determined to enable him for the next until the election in november. at this point, it remains to be seen, at this very, very late point, nicole, it remains to be seen whether donald trump will prevail in his standoff against

america, its constitutions, its rule of law, and it's institutions of law and democracy. that is a terrible statement to have to make peer >> i feel like some of this is on us, we have political conversations and you're one of the few people who is part of both of them. the legal process was trumps political message. maybe for too long we covered, the sanctity of the legal process is let's not politicize it but trump didn't separate them. when you look at the number of people who think the elections aren't legitimate, the numbers are probably higher on the rule of law and the courts in america. >> right, nicole, this has been my question that i ask people to anybody else who has an actual law degree unlike me, if

we're, for not having one of those. it's a blessing some days and occurs others. but, it's always been clear, we've been debating the question of gag orders, what would trump get slapped with in these cases, and we knew that he would act out, that he would use his platforms to attack jurors, potential jurors, judges, potential judges, judges families, anybody he could attack and that there was no way that was ever going to stop, and it was not going to ever stop, in my jaundiced view, there was never a world in which a gag order was going to stop donald trump, he was going to do this and there the courts to slapped giant fines on him, or hold him in contempt and send them to jail. my question to the lawyers has always been, do you really think that's going to happen? do any of these judges, are they actually going to do that, or are they going to be, for one reason or another, because they are enthralled to past president, they think that they are still living the old world

where their courtroom is sanctified and a place where the law is all that rules in the courtroom, they've never dealt like a thing with donald trump before or they think that somehow trump will use it against them if they put him in jail or find him heavily, in a political context and say he's having his first amendment rights squelched, and that will backfire in some way. i don't know what goes on in the minds of the judges, but i heard judge say 100% true, and yet not really an answer. we are going to see trump do this over and over again in every one of these legal cases, so the question i ask again, always, to the lawyers, is, what is it going to take for a judge to finally say enough, and either level a giant fine against trump, or take the step that is within their power in the circumstances if he violates a gag order and toss him in the pokey for some period of time. what's it going to take?

are we ever going to see that or not? >> lisa rubin, do you want to answer that? >> a really difficult question to answer. i'm not sure we're going to see that but i'm also not sure that issuing a further gag order is necessarily the answer, here. i had a conversation earlier today with michael cohen, who as we all know is a known witness in his upcoming case before judge merchan, and is a person covered by this existing gag order. we can talk about all the ways in which judge merchan and his daughter are not currently protected, and michael cohen is, and michael collins point to me was, if you think that the gag order changes in the universe in which i live is a witness, and a known enemy of donald trump, you've got something else coming. i walked down the street every day in fear, i get death threats every day, because i am a person known to be involved in this proceeding, and the fact that he can no longer

speak out against me even if he abides by that order doesn't change the daily existence for me and my family. not only do i want to say to john, i don't know what the answer is, but i will tell you that even further expanding the mechanisms that we already have, doesn't seem to be an answer for those people who are already protected because, for them, the damage has already been done. that's because the real threats here, now, are coming from the monologue, they are abigail joe, abigail joe schreier is the woman who called the chambers shortly after the federal election interference indictment was handed down, and made a threat to her voicemail that is so uglier that i won't repeat it here except to say, she is now under indictment herself. we used to live in a world where the threats to judges were from actual litigants before them, that's the situation in which the judge

found herself when her son was murdered by somebody who had been a litigant before her. that was also the case and the case of federal judge joan who still serves on the bench and whose husband and mother were murdered by someone who had been a litigant before her. even years before then, there was a federal district judge in new york who was murdered in his backyard by the father of a woman who had a bias case against him that he had dismissed. but we're far afield from that, now. the threats to judges and their families are no longer even coming from actual litigants, they are coming from adherence to every word that those litigants utter, and worse that they might not be uttering at all the people in their universes are uttering as surrogates on their behalf, without any fingerprints on it, without any overt encouragement or direction, that's the atmosphere in which we're living now and i fear that the gag order itself is insufficient for the times in which we live.

>> we've had a lot of these conversations, donald trump made a mockery of an insurrection, donald trump made a mockery of the molar investigation, donald trump made a mockery of our election, donald trump has made a mockery of every institution he's touched or turned and talked about. he has now made a mockery of the rule of law, and i wonder what you think the rule of law and those who care about it do in response? >> you know, there actually is an answer to this problem. there is a solution that none of the institutions of government, none of the judges, none of the prosecutors, have thus far been willing to do. in 30 years, every single time i had a grand jury return felony charges against a defendant, i had a decision to make. i had to decide whether to file a motion for pretrial detention. the only factors that entered into that decision were, is there clear and convincing evidence that the defendant is a danger to the community, or even one person in the

community? if the answer to that question was yes, i was obliged to file a motion for pretrial. i was obliged to do it to protect the victim, i was obliged to do it to protect the community, and i knew that it was a lawful vehicle to mitigate the danger. no institution of government, no judge, no prosecutor, has been willing to apply that law the way it would be applied to you, me, everybody on this panel and virtually everybody else in america who wasn't named donald trump. i maintain donald trump is the single most dangerous defendant who is on pretrial release in the united states of america. he is a danger to the community, he's a danger to the witnesses, he's a danger to the jurors, he's a danger to the judges and their staff, he's a danger to the prosecutors and their staff, he's a danger to the family members of all of

those groups, and thus far, the institutions of government and the good people that populate those institutions have been willing to sacrifice the safety of all of those people. indeed, they've been willing to bet the future of our democracy on it, rather than hold donald trump accountable as the law provides in the pretrial detention arena. that is the solution to the problem. i think, nicole, part of the challenge is donald trump almost has too many criminal cases up and running at the same time, and there are four judges and forward teams of prosecutors saying, maybe one of the other judges or the other prosecutors will apply the law of pretrial detention as it was designed to be applied, and thus far, nobody has applied it. plied it. ry. with the chase ink card, we got up and running in no time. earn unlimited 1.5% cash back on every purchase with the chase ink business unlimited card. make more of what's yours.

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the manhattan district attorney is asking judge merchan whether the gag order imposed on trump does apply to family members of the judge and prosecutor. all of this in response to trumps repeated attacks against the daughter of judge merchan. in b.c. lisa rubin who may have thought she was done with us his back, for the breaking news.

>> this is one of those situations where the filing conventions in this case really complicate our jobs we heard from the trump side that in reality, this request was initially made by the d.a.s team. i understand was made yesterday morning, because it was made before the most recent of trumps posts about the judge overseeing the hush money case, his daughter. is to clarify and confirm that his gag order which was entered on tuesday of this week, not only extends to his family but also to family members of the district attorney himself it's largely understood that the district attorney and the judge are themselves not covered by this gag order. in his request, made yesterday morning, the d.a.s office is not asking for an expansion of a gag order or a new gag order

but instead asking judge merchan to clarify or confirm that his daughter and the family members of the district attorney are themselves covered. we, earlier in this hour, covered that in former president trump's lawyers have responded today, saying that that's inappropriate, that other outlets have reported that they aren't covered and they drop a footnote referencing by the associated press and writers that they say in the event that judge merchan is considering making his daughter subject to this gag order, full briefing is necessary because of the implications for former president trumps first amendment rights, and then they take a swipe at judge merchan's daughter, who is, as i understand it, well into her 30s, a leader of a digital strategy firm, employed both by political campaigns and nonprofits, and they say because she is engaged and providing support to the enemies of former president trump, it is totally appropriate for him to talk about her, certainly we are

waiting for the judge to have some word, here, but this is already hotly contested between the two sides. i am a parent, and i'm outraged that a defendant of any kind would go after a judiciaries family member but it's particularly pernicious, where is the family member is a grown person in her own right. whatever you might think about judge merchan's daughter, her father is no more responsible for her career choices or her clients than my father who is a retired school principal and administrator is for mine. and i particularly find it offensive that we're talking about a grown woman who should have agency to live her life on her own terms, but instead is being subjected to attacks by the former president of the united states using the largest megaphone in the land, second only to the incumbent president, perhaps.

>> is this who you want, someone is going to threaten the safety and security of the adult daughter of someone? >> he's a thug, he's a bully and a thug, you have to stand up to a bully. i'm someone who believes that the voters are going to have the most powerful say in november, i think that important to issue a vote of no confidence, no interest in trump and trumpism. at the same time, it's this behavior that's the exact reason why it's so important to hold donald trump accountable. there are some people who have said in manhattan, is not as serious as others, in other ways, he's operating the same impunity that we've seen all along, he cannot be above the law you can have a president sitting in the oval office who is above the law. he should be held accountable. >> i think that when you look at the fact of, the absurdity

that someone would be responsible for their 30-year- old daughter, and that their daughter would even be mentioned, i have two daughters in their 30s. they have nothing to do with what i do in terms of the decision, they both are activists, but it's absurd, it shows how callous and low this man will go, there's nothing off-limits to him, not only is he a thug, he is a thug that has no boundaries. >> he must think he's really screwed in this case if he's acting so crazy. >> the one that is not convinced is donald trump. he would not be throwing all of these accusations out, if he was not convinced that this could be serious. d be serious.

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alabama in general, i want to get down there and repeal the bad ban on no exceptions abortion. i want to protect ivf and contraception. it feels like is the start of a change here. >> that was marilyn lands last night, after her victory in a special election to fill a vacant house seat in alabama. she didn't just flip a seed from red to blue, she won by 25 points. and she did by campaigning openly as you heard in that clip on reproductive freedom. in every single election on abortion since roe was overturned with no sign of its potency and electoral power subsiding. this issue is likely to serve democratic candidates better, and make things worse for the republican party as november nears. president of reproductive freedom is back with us, basil

is here, i don't want to be surprised because i want to have faith in that what unites us but were you surprised not just by her victory but her margins? >> we felt confident about the campaign she was running, the strategy, the margins, they were really the shot in the arm we needed again. much like those early ballot initiatives, to make sure we're staying on track with reproductive freedom messaging, that we are seeing the real- time impact, when you have candidates like marilyn who didn't just support repetitive freedom, she made the centerpiece of her election, and told her own abortion story in an ad in the campaign. this was a really empowering moment for the movement and women in alabama but also a really critical strategy lesson that when we lean in as candidates, candidates lean in and lead and personalize this, it's really compelling and it's

a winning message. >> you know what i think of amanda, it's also women taking the most painful and horrible tragedies that they've experienced in an effort to have families that's changed the conversation, i want to show our viewers some of what you're talking about, this is the ad telling her story. >> today in alabama, women have fewer freedoms than they did 20 years ago. i know, because two decades ago i faced the hardest decision of my life, too. my baby had an underdeveloped brain, a heart, lungs, the doctors all advised that i terminate the pregnancy. all three doctors said this is absolutely what you need to do. your health is at risk. but this isn't just my story. this is our story, it's the story of millions of women who live in places where maga extremists are devising new and cruel ways to further erode our most basic freedoms.

>> they didn't have a plan for dealing with women who want these babies desperately. these are their babies, but before they suffer or endanger their own lives they have to make excruciating decisions. she did this with three doctors in the room. and you know where i come down, this should be accessible, safe, and available to every woman in every circumstance. but, this was one of the stories, the story she told, and it seems to have galvanized and resulted in the margin you're talking about work >> it's such a good point. the antiabortion extremists have known about these stories for decades. let's be clear. we've been fighting about abortion access, coverage of abortion, who can provide abortions, how it gets funded, for decades. in the supreme court of the federal level, the state and local level, we have surfaced as a movement these types of

exact stories, again, for decades. if they were unprepared, it was callous disregard, and they really thought people would not speak out. there's been so much stigma around abortion, and toward women telling their abortion stories. they really thought a lot of these women would stay silent and i agree with you, folks like amanda, even some of the candidates coming forward and talking about their abortion stories in their family, they're heroes and doing critical work connecting the dots between public policy and what's happening in real people's lives. >> it's so important, i love that we get to the tectonic shifting. i have to speak in a quick break first, we'll be right back. back.

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structural. >> when many use the term public policy, i'd love to hear more. it's what i do. >> it feels right here in the got. as much as we talk about money in politics, history is replete with people with money that lose elections. i always say message comes before money. i was reminded today about former member of congress carol mccarthy, whose husband was killed in a shooting on the long island railroad 1993. the republican in the district doubled down after that shooting, on the second amendment. carolyn, who was a nurse said, i have to do something about this. she ran and she won, and it reminds that issues really do matter, and if you're consistent, if you bring in allies which she was able to do which was this race, that we're talking about, when you bring in those allies, when you bring in that new coalition, it can propel you forward in ways we didn't expect. this story is amazing to me because it's about issues, and it's about digging deep into

those issues and creating a movement around it which is so special and remarkable. >> what basil is saying, it's about story and the tragedy is that for so many women, this is our story. this is what happens, this is what happened to us, what happened to our sister, our best friend. whether it's an abortion, unplanned pregnancy, nonviable pregnancy, the need to turn to ivf for fertility, this is every woman's story. >> and you're going to see the campaign, both the biden/harris campaign as well as up and down the ticket in the state races, friends of the democratic legislative campaign committee were really instrumental in this race and have decided that for the second cycle in a row, abortion is going to be a tip of the spear issue for all of their candidates. you're going to see more content and ads of real-life women telling their stories, of families that have been impacted

, as these have been in place longer and longer, we're seeing more folks willing to come out and it's going to be a critical piece of the message. going into this election. >> for all of us that have been having this conversation, this is to be continued, thank you so much for your time today. for mac donald thompson latest brag about his golf trophies is much more serious than the punchline it's become. rick riley will be here, the author of one of my favorite trump books, commander in chief, how golf explains trump. he's our next guest, don't go anywhere. for us, it's eggs any as long as they're the best. ( ♪♪ ) eggland's best. rsv is out there. for those 60 years and older protect against rsv with arexvy.

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this week, donald trump proudly announced that he won two of his very own golf course in a single weekend. never mind what journalists told us about trump and his golf game in 2019 at the golf club, caddies got so used to seeing trump take his ball back onto the fairway they called

him peli, the soccer player. forget what other celebrities have described, leg bound balls miraculously recovered nearby, dry as a bone, in the end golf is just a game, but the way one conducts themselves while they play golf is not. if you cheat moral things, imagine what you do with the big things. the stuff that actually matters. joining us now, the expert on this particular matter, the author of so help me golf, why we love the name and commander in chief, how'd golf explains trump, my interview with you got me through the trump presidency, because i think how a man or woman golfs is how a man or woman lives. take me back through what you've reported, in the book about trump cheating at golf. >> nicole, i've always said it reveals a lot about a guy. thank you for that.

and about this guy, he cannot lose, he has to win. he will do anything to cheat, i know because i played golf with him once, he took seven mulligans, he took ginny chipping. he's won tournaments where he's not even in the state, when the tournament is played, he won one in north korea. when he was talking, he won one in florida, he couldn't have been there. i think it was this year, he won a two day tournament, when one year he was at a funeral, whatever that was, on one of the two days he wasn't even at the tournament. when he does he just calls in and says, i usually beat that guy, give me the trophy. i know this because when i play with him he goes, you know what i do to win these championships, don't you? and i'm like, please, give it to me. and he goes, anytime i buy a new course, i played the first round by myself, and then i

declare myself the club champion. he's never won a championship, he says he has 23 or something. he's never won a championship at a course he doesn't own and operate. he's played in pebble beach, he's played in the tahoe, where there are rules, and judges and cameras, and those he's never finished in the top half. so, he wins when anybody who disagrees that he won is out of the club. that's how he wins. >> what does it say to other, golf is, who doesn't cheat, we don't let them see that golf because it's not that those of the sport. can we talk about how outside the echoes of the sport it is to cheat so audaciously? >> i don't know anything about politics but i know about golf, i've covered it for 45 years. it's not a sport where you cheat. it's just not in the game.

because, nicole, if you're 100 yards over here and i'm 100 yards that way, i trust that you're not going to throw it, and you trust but i'm not going to, and that's the only way to play. there is no refs. you can't possibly cover that much territory. but with trump, not only does he kick it, cheat like a mafia accountant three card monte dealer, he gets your ball and throws that in trouble. there is stories of him kicking his opponents balls into bunkers because what he does, you know golf carts? golf carts always get a turbocharged golf cart that goes three times as fast as yours, so is always 200 yards ahead, and that gives him time to cheat, kick your ball, throw his out, one time in l.a., he was playing $50 per hole with these three guys, he hits it in the pond, they see the splash, by the time they get there, it's the middle of the fairway and they're like, what, donald?

he says it must have been the tide. >> let me ask you, not a political question but i golf question. doesn't it take enablers to let someone cheat? does the sport usually purge out a cheater, or does the sport role in size that someone like him? >> when i've asked people, how did you let him cheat, he and when i asked him why did you let him cheat, and take the 20 bucks, they all say the same thing. i wanted my own story about trump cheating. that's amazing. so that's not how we do it in golf. that's why i was so disappointed to see my hero, jack nicholas, at mar-a-lago last week for this phony baloney fake as they'll be the cheese ceremony where trump gave himself two championships. jack nicholas was there. which i think is the first sign of senility. when you start believing it.

>> you can say that he's bad at golf and cheat might be with the one that makes him the most mad. >> this has been prime time weekend, please tune into debt that all of our prime time shows weekdays on msnbc. you didn't live this strong, this long to get put on the shelf like a porcelain doll. if you have postmenopausal osteoporosis and are at high risk for fracture, you can build new bone with evenity®. ask your doctor if you can do more than just slowing down bone loss with evenity®. want stronger bones? then build new bone; evenity® can help in just 12 months. evenity® is proven to reduce spine fracture risk by 73%. evenity® can increase risk of heart attack, stroke,

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