CAPITOL HILL. >> "ALL IN" STARTS RIGHT NOW. GOOD EVENING FROM NEW YORK, I AM CHRIS HAYES. FOR ALL OF DONALD TRUMP'S ATTEMPTS TO SUBVERT AND SABOTAGE THE DEMOCRATIC PROCESS TO STEAL THE LAST ELECTION IN 2020, OVERALL THE SYSTEM HELD. MAYBE BARELY, BUT IT HELD. WHEN PUSH CAME TO SHOVE THE VAST MAJORITY OF PEOPLE INVOLVED IN THE ELECTION AND INSTITUTIONS STARE DOWN A NOVEL ATTEMPT TO DESTROY THE RULE OF LAW AND THEY DID THE RIGHT THING. THE SYSTEM MIGHT HAVE BEEN, BUT IT DID NOT BREAK. IN DOZENS OF CASES, MORE THAN 60, JUDGES UP AND DOWN THE ENTIRE JUDICIAL SYSTEM, INCLUDING JUDGES APPOINTED BY TRUMP AND OTHER REPUBLICANS, RULED THAT TRUMP'S CLAIMS OF VOTER FRAUD WERE COMPLETE NONSENSE AND INDIVIDUAL LAWYERS AND LEGAL OFFICIALS, REPUBLICANS IN AND OUT OF THE WHITE HOUSE, STOOD UP AGAINST TRUMP, TOO. >> THERE IS ALMOST NO IDEA MORE UN-AMERICAN THAN THE NOTION THAT ANYONE PERSON WOULD CHOOSE THE AMERICAN PRESIDENT. >> THE PRESIDENT SAID SUPPOSE I DO THIS, SUPPOSE I REPLACE HIM WITH CLARK AND HE SAID WHAT WOULD YOU DO? I SAID I WOULD RESIGN IMMEDIATELY. THERE'S NO WAY I'M SERVING ONE MINUTE UNDER THIS GUY, JEFF CLARK. >> I TOLD HIM THAT THE CLAIMS -- >> ATTORNEY GENERAL BARR FLED AND RESIGNED WHEN THE GOING GOT TOUGH, BUT YOU GOT THE POINT. IT IS IMPORTANT TO POINT OUT BECAUSE WHAT WE ARE SEEING NOW IN THE LAST FEW WEEKS ARE GLIMMERS OF WHAT IT LOOKS LIKE WHEN THE COURTS DON'T HOLD. SO YESTERDAY FEDERAL JUDGE AILEEN CANNON, A TRUMP APPOINTEE WHO FIRST MADE A NAME FOR HERSELF IN AN EGREGIOUS RULING ON HIS BEHALF IN THE DOCUMENTS CASE, SHE ANNOUNCED SHE WAS INDEFINITELY POSTPONING TRUMP'S CRIMINAL TRIAL FOR STEALING TOP-SECRET GOVERNMENT DOCUMENTS AND SHE DID SO, AND THIS IS THE IMPORTANT PART, WITHOUT MUCH OF A LEGAL JUSTIFICATION AT ALL. SHE IS OPTING NOT TO SETTLE OPEN QUESTIONS BEFORE HER. WHICH IS HER CHOICE. I MEAN, THAT IS HER CHOICE. AND THEN POINTING OUT THE FACT THAT THEY ARE NOT SETTLED AS THE REASON WHY SHE HAS TO FURTHER DELAY. DON'T TAKE MY WORD FOR IT. HERE IS THE NEW YORK TIMES. BUT WHILE THE STATED REASON FOR PUTTING OFF THE TRIAL INDEFINITELY WAS THAT A LARGE NUMBER OF LEGAL ISSUES REMAINED UP IN THE AIR, SHE NEVER MENTIONED THAT SHE HERSELF HELPED THE LOGJAM OF MOTIONS TO PILE UP. OVER AND OVER SHE HAS TREATED SERIOUSLY ARGUMENTS THAT MOST FEDERAL JUDGES WOULD HAVE REJECTED OUT OF HAND. OFTEN HER ACCEPTANCE OF UNORTHODOX CLAIMS HAVE RESULTED IN SIGNIFICANT DELAYS AND BRINGING THE CHARGES IN THE CLASSIFIED DOCUMENTS CASE IN FRONT OF A JURY. WE ALL KNOW THIS. WHAT DONALD TRUMP WANTS MOST IS FOR THIS CHILD TO BE DELAYED AFTER THE ELECTION AND CANNON HAS SO FAR GRANTED HIM THAT WISH. I'M NOT A LAWYER, BUT I FOLLOW THIS QUITE CLOSELY. A LOT OF SMART ATTORNEYS AND LEGAL EXPERTS WITH DIFFERENT BACKGROUNDS HAVE SAID THEY'VE SIMPLY NEVER SEEN ANYTHING QUITE LIKE WHAT CANNON IS DOING. BY TRANSPARENTLY PUTTING HER THUMB ON THE PROVERBIAL SCALE TO DELAY AND THEREBY BENEFIT THE MAN WHO PUT HER ON THE BENCH IN THE FIRST PLACE. AS OBAMA ATTORNEY GENERAL ERIC HOLDER SAID YESTERDAY, AND THIS IS REALLY SOMETHING FOR HIM TO SAY, LET'S DEAL WITH THE REALITY HERE. THE WHOLE PROCESS HAS NOT BEEN ON THE UP AND UP. SOME, LIKE FORMER GEORGE W. BUSH WHITE HOUSE LAWYER HAVE SPECULATED THAT THE JUDGE CANNON HOLDS AMBITIONS FOR HIGHER OFFICE, MAYBE THE SUPREME COURT. OTHERS LIKE TY COBB THINK SHE IS BOTH INCOMPETENT AND IN THE TANK FOR THE EX-PRESIDENT. >> ALL SHE HAS DONE IS MAKE OFFICIAL WHAT EVERYBODY INCLUDING JACK SMITH ALREADY KNEW, WHICH IS NO INTENTION OF GETTING THIS CASE TO TRIAL AND SHE WAS NOT COMPETENT TO GET THIS CASE TO TRIAL. THE THINGS SHE HAS DONE ARE REALLY INEXPLICABLE AND IT IS TRAGIC HOW SHE TALKS ABOUT HAVING HONORED THE ADMINISTRATION OF JUSTICE BY POSTPONING THE TRIAL. SHE HAS NOT HONORED THE PUBLIC'S INTEREST FOR ONE DAY IN THIS CASE. >> THIS OBVIOUS CONFLICT OF INTEREST RAISES AN IMPORTANT POINT. THE RULE OF LAW, WHICH WE TALK ABOUT A LOT ON THE SHOW AND NETWORK AND VENERATE IS ONLY AS GOOD AS THE PEOPLE EXECUTING IT IN GOOD FAITH. TO BE CLEAR, THERE ARE PLENTY OF AUTOCRACIES FROM EGYPT TO RUSSIA THAT HAVE LAWS, STATUTES, LAWYERS, JUDICIARIES, BAR ASSOCIATIONS, THEIR VERSION OF IT. THEY HAVE ALL THAT STUFF. THEY JUST EXECUTE THE LAW IN A WAY THAT ESSENTIALLY SUPPORTS A PREDETERMINED OUTCOME THAT IS CORRUPTED BY THE POWER OF CERTAIN AUTHORITIES. TAKE THE EXAMPLE OF THE WALL STREET JOURNAL REPORTER WHO IS CURRENTLY INCARCERATED IN RUSSIA UNDER BOGUS ESPIONAGE CHARGES. HE IS NOT A SPY, HE IS A JOURNALIST. HE HAS LAWYERS. HE IS ACCUSED OF VIOLATING SPECIFIC LAWS. THEY DIDN'T JUST SAY WE ARE KIDNAPPING HIM. HIS CASE IS OSTENSIBLY GOING THROUGH THE RUSSIAN LEGAL SYSTEM. YOU SEE HIM AT THESE COURT DATES HE KEEPS HAVING, BUT NO ONE SERIOUSLY BELIEVES THIS IS ANYTHING OTHER THAN TRUMPED UP TO ESSENTIALLY TAKE AN AMERICAN HOSTAGE TO TRADE FOR SOMEONE OR BELIEVES THAT HE IS GOING TO HAVE A FAIR TRIAL. THE STRATEGY IS OBVIOUSLY TO DELAY AS LONG AS POSSIBLE TO KEEP THIS MAN HOSTAGE FOR POLITICAL REASONS AND THAT IS WHAT KEEPS HAPPENING IN COURT DATE AFTER COURT DATE. WE KNOW WHAT'S GOING TO HAPPEN AND AGAIN, I CAN'T STRESS THIS ENOUGH. IN MANY WAYS I DON'T THINK IT IS AN OVERSTATEMENT TO SAY THAT IS THE DIFFERENCE BETWEEN A FREE SOCIETY AND AN AUTHORITARIAN ONE. IT IS NOT JUDGES AND LAWYERS, EVERYONE HAS LOWS. TO BE CLEAR WE ARE NOWHERE NEAR THAT LEVEL OF JUDICIAL CORRUPTION WE ARE SEEING IN RUSSIA, IN THIS COUNTRY, OR FROM WHAT WE ARE SEEING FROM JUDGE CANNON OR THE SUPREME COURT. THESE ARE TOTALLY DIFFERENT WORLDS. THE TRUMP -- THE COURT IS ENTERTAINING TRUMP'S RIDICULOUS CLAIMS OF IMMUNITY. THAT WE MIGHT NOT BE ABLE TO COUNT THE COURT AS AN IMPARTIAL JUDICIARY ANYMORE. THESE ARE DIFFERENT WORLDS, BUT WHAT WE ARE SEEING IS A GLIMMER OF WHAT IT LOOKS LIKE WHEN YOU JUST CAN'T REALLY TRUST THAT GOOD FAITH IS DRIVING THE PROCESS. THAT IS WHAT IT IS. THE PROBLEM BECOMES WHAT TO DO ABOUT IT AND THE ONLY ANSWER I CAN COME BACK TO AND I HAVE THOUGHT ABOUT THIS A LOT AT THE HUMAN LEVEL IS SHAME, NORMS. IN THE END THAT IS WHAT SAVED US THE LAST TIME AROUND. YES, THE LAW HELPED, BUT IF THE DOJ HAD BEEN TO TRUMP'S WILL IF THERE HAD BEEN THREE OR FOUR LAWYERS WHO ARE WILLING TO SEND A LETTER BASELESSLY CLAIMING THERE WAS WIDESPREAD VOTER FRAUD OR IF MIKE PENCE HAD A NEED TO THROW OUT THE ELECT THERE'S FROM SWING STATES. IF HIS LAWYERS ADVISED HIM HE COULD DO THAT. I DON'T KNOW. ALWAYS GOT OUR INDIVIDUAL PEOPLE, FORMED BY THE NORMS AND INSTITUTIONS THEY ARE EMBEDDED IN, MAKING DECISIONS. HOPEFULLY COMING TO THE RIGHT CONCLUSIONS AND ACTING IN GOOD FAITH OR AT THE VERY LEAST BOWING TO PUBLIC PRESSURE OR SHAME NOT TO DO THE WRONG THING. THE LEAST WE CAN DO NOW IS STATE PLAINLY AND OPENLY THAT WHAT TRUMP APPOINTED JUDGE AILEEN CANNON IS DOING IS A SCANDAL. WHEN OUR JUDGES DON'T ACT IN GOOD FAITH, IN AN EFFORT TO ACHIEVE A DESIRED OUTCOME, WE ARE IN DANGEROUS TERRITORY. THAT IS TRUE WITH DONALD TRUMP RUNNING TO FINISH THE JOB HE STARTED ON JANUARY 6.
