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The Last Word With Lawrence O'Donnell, Transcript 10/24/2016

Guests: Tony Schwartz, Laurence Tribe, Frank Rich

Show: THE LAST WORD WITH LAWRENCE O`DONNELL Date: October 24, 2016 Guest: Tony Schwartz, Laurence Tribe, Frank Rich

RACHEL MADDOW, MSNBC HOST: That does it for us tonight, we will see you again tomorrow, now, it`s time for THE LAST WORD with Lawrence O`Donnell, good evening, Lawrence.

LAWRENCE O`DONNELL, MSNBC HOST: Hey, Rachel, you know that wicked long list in the "New York Times" today of all the people and things Donald Trump has attacked --

MADDOW: But then --


MADDOW: Double-page spread?

O`DONNELL: Yes, I`m in there a couple of times --


O`DONNELL: Well, the show is in there, THE LAST WORD with Lawrence O`Donnell. You know what it says that Trump said about THE LAST WORD with Lawrence O`Donnell?

MADDOW: What did he say?

O`DONNELL: Unwatchable.


MADDOW: Badge of honor, my friend.

O`DONNELL: You know, I`ve got -- you know, how he knows it`s unwatchable?


He`s watched the show and --

MADDOW: I have that feeling.

O`DONNELL: Tweeted about things said on the show, so --

MADDOW: He has feelings about you, Lawrence.

O`DONNELL: Yes, well, he could be watching right now, we don`t know, but you know, unwatchable.


MADDOW: Congratulations, my friend.

O`DONNELL: Thank you, Rachel, I`m on the honor roll, I`m very proud, thank you very much, Rachel --

MADDOW: Thanks friend, goodnight.

O`DONNELL: Well, we will show you that complete list of all the people, places and things that Donald Trump has insulted on Twitter, just since declaring his candidacy for president.

The "New York Times" did the world the favor of assembling all that in a massive two-page spread today. One of our guests, Tony Schwartz appears in that "New York Times" honor roll today of people attacked by Donald Trump.

And as the polling continues to show Donald Trump losing, we can all expect the Trump attacks to just keep coming.


DONALD TRUMP (R), PRESIDENTIAL NOMINEE: Just in case you haven`t heard, we`re winning.

UNIDENTIFIED MALE: I don`t see it happening --


TRUMP: We`re winning. We`re winning.



We`re winning!

ALEC BALDWIN, ACTOR: I am winning in every single poll taken outside of the cracker barrel.


TRUMP: You see these phony polls.

RUSH LIMBAUGH, RADIO HOST: In 2012, I sat here every day and told you they were wrong. I`m not going to get caught in a trap again.

TRUMP: The system is corrupt, and it`s rigged. Believe me. Believe me. Believe me.

SEN. ELIZABETH WARREN (D), MASSACHUSETTS: I got news for you, Donald Trump, women have had it with guys like you.

TRUMP: I love you, too.

WARREN: And nasty women have really had it with guys like you.


TRUMP: These are stupid people.

JOE BIDEN, VICE PRESIDENT OF THE UNITED STATES: Trump has so dumbed-down this election.

TRUMP: Sorry.

BIDEN: No, really has.

TRUMP: Let Hillary Clinton have it, but folks, you`re going to be miserable, oh, boy.

HILLARY CLINTON (D), PRESIDENTIAL NOMINEE: This is someone who roots for failure. That may be who Donald Trump is, but this election is about who we are.

TRUMP: How is she allowed to continue to run for president? How is she allowed?


O`DONNELL: Donald Trump continues to ask that question. He asked it again today, how is she allowed to run for president? He thinks there`s someone or something, some panel, who decides who is allowed to run for president.

How is she allowed? Such a deeply, stupid question. And his audiences clearly do not understand how stupid that question is. They have forgotten one of the central principles of the American presidency.

And that is that this is the country where anyone can grow up to be president as long as you were born here. And that`s always been true, even before women had the right to vote, they actually had the right to run for president and be president.

The constitution uses the word person to describe who is eligible to run for president, not man. Any person who is a natural-born citizen. Some women actually ran for president in the 19th century, long before women had the right to vote.

Donald Trump is the living, breathing proof that anyone who was born in this country is, as he would put it, allowed to run for president. If there was an exam you had to pass to run for president, Donald Trump wouldn`t be running today.

He has no idea how much rank ignorance he expresses every time he says that thing about how is she allowed to run for president? And it`s starting to sound like he has no idea when he`s letting us see that even he believes what the polls are telling us.

No matter how much he tries to deny it.


TRUMP: Let Hillary Clinton have it, but folks, you`re going to be miserable, oh, boy.


O`DONNELL: That was Donald Trump yesterday in the middle of his speech in Florida just giving up, just saying, let Hillary Clinton have it and you`re going to be miserable when Hillary Clinton is president.

Not you would be miserable if by some miracle she beat me. Just the clear definitive, you`re going to be miserable because I`m going to lose.

Donald Trump`s radio alter ego and chief radio cheerleader Rush Limbaugh decided today was the day that he would begin building the foundation for his "I told you so" show the day after the election.


LIMBAUGH: There`s nobody that wants these polls to be wrong more than I do. And in 2012, I sat here every day and told you they were wrong.

I made a foolish mistake of assuming that every Republican that could vote would vote because they were so fed up with Obama and the economy.

And as we learned later, there were anywhere from 2 million to 4 million Republicans that didn`t show up.

I look at the external signs and the polls don`t make any sense to me. So, I don`t -- I`m not going to get caught in a trap again of automatically rejecting what`s out there.


O`DONNELL: Not going to get caught in that trap again. Rush Limbaugh is unwilling to look like an idiot to his audience the day after the election. He needs to be able to say, I saw this coming.

He will still spend every day being hateful to Hillary Clinton and complementary to Donald Trump. But he will sneak in concessions to reality so he can say, "I told you so" the day after the election.

When you are the Republican candidate for president and Rush Limbaugh starts to admit that you`re going to lose, your campaign has entered the dead zone.

This weekend, another woman represented by Attorney Gloria Allred went public with accusations that Donald Trump did to her exactly what Donald Trump brags that he does.


TRUMP: I`m automatically attracted to beautiful -- I just start kissing them, it`s like a magnet.


I don`t even know what -- and when you`re star, they let you do it, you can do anything.

UNIDENTIFIED MALE: Whatever you want.

TRUMP: Grab them by the -- can do anything.



O`DONNELL: Jessica Drake, an actress described Donald Trump kissing her and her friends the way he brags about kissing women when he meets them.


JESSICA DRAKE, ACTRESS: In the penthouse suite, I met Donald again. When we entered the room, he grabbed each of us tightly in a hug and kissed each one of us without asking permission.


O`DONNELL: As an actress, Jessica Drake works mostly in sexually explicit movies. Today Donald Trump said this.


TRUMP: These are stories that are made up. This is total fiction. You will find out that in the years to come, these women had stood up -- it`s all fiction.

They were made up, I don`t know these women, it`s not my thing to do what they say. You know, I don`t do that. And you know, I don`t grab them on the -- you know, as they say, on the arm and one said he grabbed me on the arm.

And she`s a porn star. Now, you know, this one that came out recently -- he grabbed me, and he grabbed me on the arm, oh, I`m sure she`s never been grabbed before. And they make it so -- it is -- it`s all lies.


O`DONNELL: So, there`s Donald Trump saying that if you`re a porn star, you`ve obviously been grabbed. So, a guy can grab you without your consent. Donald Trump shows no comprehension of consent.

Every woman who has ever had sex, whether on film or not, has been grabbed in Donald Trump`s definition.

In fact, every major actress who has been nominated for an Emmy or a Golden Globe or an Oscar for shows and movies in which that actress has made love on-screen has been, as Donald Trump would put it, grabbed at work, on the set in much the same way that Jessica Drake has.

The difference is just camera angles, how bright the lighting is and how explicit the shots are. What about Julianne Moore, who was nominated for an Academy Award for her role in "Boogie Nights" where she played a porn star.

Does Donald Trump have the same right to grab her? Donald Trump doesn`t seem to have any comprehension of the difference between a loving embrace and unwelcome grabbing.

Donald Trump doesn`t seem to understand that there is nothing a woman can do in her private or professional life that surrenders her right to control her body at all times. She alone has the right to grant consent to be touched.

Jessica Drake has never done anything to surrender that right. And certainly not surrender it to Donald Trump. Joining us now, David Corn, a Washington Bureau chief for "Mother Jones", an MSNBC political analyst.

Also with us, Maria Teresa Kumar, president and CEO of Voto Latino, and an MSNBC contributor. And joining us Charlie Sykes, radio host on "Wtmjam" in Milwaukee and an MSNBC contributor.

Maria Teresa, another weekend, another woman comes forward, and this time in Donald Trump`s defense he seems to be claiming, well, you know, I didn`t do it, but she`s a porn star, so you can do it.

MARIA TERESA KUMAR, MSNBC CONTRIBUTOR: Exactly, so, right when he`s going off here, all of a sudden veers the other side, I can see Kellyanne Conway watching this interview and pulling her hair out, right?

Like she`s -- he`s clearly scripted, he`s trying to do what most people running for president would be, which is stay on script so you don`t make any more fouls, and he just can`t help himself.

But this is what`s really interesting. He`s trying to tell people that the system is rigged, that people are basically going to come out afterwards, and you`re going to find out that these women were all basically trying to set him up.

Let`s not forget, the reason -- what triggered this avalanche of women coming forward was his denial that he had ever assaulted a woman. This was not, per se, was not the tape that people heard.

But it was that day on debate, next, on the second debate when he denied going after women. That was the reason why the woman from the "New York Times" came forward.

That was why the young woman that was a receptionist in 2005 came forward. She`s like he -- I felt like he was in my living room lying to me about my experience of the way he had basically assaulted me.

O`DONNELL: And David Corn, that Donald Trump has --


O`DONNELL: Now threatened to sue all of the women. I for one of course don`t believe that he will dare do that since litigation like this as you know runs both ways, and they get to put Donald Trump under oath pretty much right away.

And ask him questions about this kind of behavior including what he was talking about on that "Access Hollywood" video.

CORN: There`s a long list of people who he has threatened to sue over the years who he hasn`t sued. And when he has sued people it`s often been ridiculous lawsuits in which he`s been hurt by the discovery that people get to conduct when they`re sued.

I mean, I still don`t understand why there`s any debate over this. Donald Trump said when he was, you know, when he felt he was being candid, that this is a type of behavior he engaged in.

He grabbed women by certain parts when without asking, he kissed them without asking. And so why anybody would give him credence over not one, two, three, four, but now I think we`re up to 11 women.

When they say, yes, he`s telling the truth, believe him, believe what he says is beyond me. And you know, I confronted Kellyanne Conway after the last debate in the spin room, appropriately named enough, and I said, do you really believe that all these women are lying?

That it`s all fiction when they`re just saying that he did to them what he claims to have done? And she just couldn`t answer the question because I don`t think a rational, sane person can answer that question in any but one obvious manner.

O`DONNELL: Let`s take a look at the latest poll we have. A "Cnn"/ORC national poll out today, likely voters shows Hillary Clinton at 49, Donald Trump at 44, Johnson 3, Stein 2.

And now let`s listen to what Donald Trump says about the polls and how the polls are somehow rigged. Let`s listen to this.


TRUMP: And watch the polls because this is part of the crooked system. It`s part of the rigged system that I`ve been talking about since I entered the race.

I understand it, it`s a rigged system, they call them dark polls. They are phony polls put out by phony media, and I`ll tell you what? All of us are affected by this stuff.

And what they do is they try and suppress the vote. This way people don`t go out and vote.


O`DONNELL: Charlie Sykes, as the Republican on the -- on the panel, it falls --


O`DONNELL: To you to translate what the Republican nominee for president just said.

SYKES: Yes --

KUMAR: I`ll watch you --


SYKE: I`m losing and I have to complain about the rigged polls. I mean, yes, they`re translated into the English, translated from the original Russian.

O`DONNELL: Right --


This is not a campaign that`s winning or that has a plan for winning. I mean, think about the last three days. He goes to Gettysburg and invites unwanted comparisons with Abraham Lincoln, then proceeds to threaten to sue all of these women, remember how Abraham Lincoln did it, that sort of thing.

He`s clearly not in communication any meaningful way with his own campaign manager. He has his media minions doubling down on attacking Paul Ryan. He`s waffling on who pays for the wall?

So, you know -- or and by the way, and he`s also now launched Trump TV on Facebook. So, does this sound like a man who is two weeks away from a presidential election who thinks he has a legitimate chance of winning that presidential election?

O`DONNELL: And Maria Teresa, at Gettysburg, when he was reading from his script at Gettysburg, he said the wall will be paid for by the United States` Congress, fully paid for in an appropriation by the United States Congress.

And then after that, after it`s built, paid for by Congress, American taxpayer money, he will at some point call up Mexico --


Show them the bill --

KUMAR: I mean, basically --

O`DONNELL: Demand they reimburse as it were --

KUMAR: Right, I mean, this is Donald Trump`s lay-away plan? I don`t know. I think -- but I think in all fairness, I think one of the other things that Donald Trump is really busy doing right now is changing the name of his buildings.

And today, there was a piece in the "New York Times" where he`s basically changing all of the -- take Trump Towers right now that, that name is being changed.

The uniforms at Trump Towers are being changed. I think he`s trying to realize that his name right now is actually not good for business.

And the only thing he can think of is like, how do I save my skin so I do not end up having not only not to disclose the fact that I don`t have that much money, but that I lose the little bit that I have.

O`DONNELL: And David Corn, this -- I just want to stay with this amazing new statement on the wall, where the chant has always been Mexico is going to pay for it, Mexico is going to pay for it.

He actually said that in his first 100 days, he would fully fund paying for the wall with American taxpayer money and only after that ask Mexico for the reimbursement.

And he`s -- these things happen, he says these things, these crazy ideas to begin with. He then changes the crazy idea to a different crazy idea.

KUMAR: The legislation is --

O`DONNELL: So often --

KUMAR: Not possible, right? --


O`DONNELL: Yes, and --


KUMAR: Right --

O`DONNELL: But he does it so much that --

KUMAR: Clearly it`s not possible --

O`DONNELL: That you can`t -- that it`s -- the media struggles to keep up with it.

CORN: And I think he`s going to ask Muslims to pay for the -- for keeping them out of the United States for all that terrific vetting. I mean, I think we spend a little too much time treating him as a rational decision- maker, policy --

SYKES: Right --

CORN: Maker political player. I mean, he just says whatever seems to pop into his head, and it doesn`t matter what he said the day before, and then he`ll deny that he said that the Chinese are behind the climate change hoax.

It`s just -- you know, he`s truly situational, and I don`t know if he understands that he`s flip-flopping, changing direction, or whether he has such attention to -- you know, deficit disorder that he simply doesn`t remember.

He`s like that guy in that movie, what was it? "Memento", where he has to write down what he said in order to keep track of it. And it`s just -- you know, and I think --

SYKES: Con man --

CORN: You know, by election day, we`re going to know that there`s really no there there. The only thing he cares about is --

O`DONNELL: Right --

SYKES: Donald Trump.

O`DONNELL: Charlie, quickly, before --

SYKES: Yes --

O`DONNELL: Our break --

SYKES: Yes --

O`DONNELL: When --

SYKES: Yes --

O`DONNELL: Trump supporters call your show after one of these --

SYKES: Yes --

O`DONNELL: Giant reverses of, you know --

SYKES: Right --

O`DONNELL: I mean, for example, you know, I`m going to pay for my campaign to suddenly --

SYKES: Right --

O`DONNELL: The Trump supporters are getting e-mails every day, begging them for money. And now the wall, do they get it? Do they get that they are actually, you know, backing a politician who`s just kind of lying his way through this?

CORN: Yes, who`s a -- who`s a con man and a fraud, and I`ve spent nine months trying to make that point. Basically, what it comes down to is, yes, but he`s not Hillary Clinton.


SYKES: Yes, but he`s not as terrible as someone else. So, they`re willing to absorb an amazing amount of this. The amazing -- they`re willing to absorb the slurs, the lies, the flip-flops.

You do wonder whether or not they`re going to wake up on November 9th and just realize, wow, what did we just do there? Why didn`t we believe any of that. But maybe I`m just naive, maybe they never will come around on that.

CORN: They might be angry that he lost in a rigged election.

KUMAR: That`s right --


Well, I think actually that`s --

CORN: I mean, right? --

KUMAR: OK, that`s actually one of the things I`m --


I`m concerned with --

SYKES: And yet, he`s a loser --

KUMAR: Yes --

SYKES: He`s a loser.

KUMAR: Well, my concern is that what happens --

CORN: Well, is that -- so, is there anything that`s stolen from him? --

O`DONNELL: Go ahead Maria Teresa --

KUMAR: Right, but my concern -- but --

SYKES: Yes --

KUMAR: My concern is what does happen, he is basically making so many communities vulnerable after November 8th if people --


KUMAR: Actually buy his, you know, his reasoning that the reason --

O`DONNELL: Right --

KUMAR: He lost was because it was rigged. All of a sudden you have communities that are exposed. And so one of the things that we have to be is diligent as Americans recognizing that that is a sacred box when you actually pull that lever.

And that we have to make sure that the transfer of power is safe and that these communities feel secure afterwards.

O`DONNELL: That`s going to have to be the last word for this segment --

SYKES: Big --

O`DONNELL: David Corn, Maria Teresa --

SYKES: Yes, thank you --

O`DONNELL: Kumar and Charlie Sykes, thank you all for joining us, really appreciate it.

KUMAR: Thank you, Lawrence --

O`DONNELL: Coming up --

SYKES: Thank you --

O`DONNELL: The "New York Times" published the list of everyone and everything, including a podium that Donald Trump has insulted on Twitter since he began running for president.

I`m on the list twice, so is my next guest, Tony Schwartz, he`s on that list. And later, we will be joined by Harvard law professor Laurence Tribe who has offered free legal help to any of the women who have been accused - - who have accused Donald Trump of sexual assault.


O`DONNELL: And now for some readings from the "New York Times`" list of all the people, places and things that Donald Trump has insulted on Twitter since declaring his candidacy for president.

Joseph R. Biden Jr., vice president of the United States, "not very bright". Graydon Carter, editor of "Vanity Fair", "a total loser, sloppy, grubby."

China, "terrible". Let`s see, there`s another one over here, New Jersey, "state, deeply troubled" -- oh, and then there`s this, Lawrence O`Donnell, television host, MSNBC; "a fool, dopey, dopey political pundit, one of the dumber people on television."

One of, so not the dumbest. Our next guest is also on this list today and is also called a nasty word. I`ll read the rest of what Donald Trump had to say about him next.


O`DONNELL: During this segment, we will be running on the side of your screen all of the people, places and things Donald Trump has insulted on Twitter since declaring his candidacy for president.

This list was compiled by Jasmine Lee and Kevin Quigley(ph) and printed on two full pages of the "New York Times" today. I`m honored to say that I earned two entries on this honor roll, one for the show and of course one for me.

Which Donald Trump said the show of course, he said is "unwatchable", and then for me, he said, I just read that before, a fool, dopey, dopey political pundit, one of the dumber people on television.

And my next guest, Tony Schwartz was mislabeled by the "Times" as the ghostwriter of the "Art of the Deal" when in fact he was the credited co- author of the book with his name appearing on the cover of it.

Ghostwriters names do not appear on books because ghostwriters are ghostwriters, that`s why they`re called ghostwriters. They`re ghost that you can`t see, you can`t see their actual authorship of the book, that`s never really acknowledged.

Tony Schwartz`s entry in the "Times" honor roll today quotes Donald Trump tweeting this about Tony Schwartz. "Hardly knows me, never liked his style, irrelevant, dull, dummy writer. Wanted to do a second book with me for years, I said no, a hostile basket case who feels jilted."

Joining us now from the honor roll, Tony Schwartz. Tony, I want to read something that you tweeted about Donald Trump on Friday.

You said "never underestimate the depth and desperation of Trump`s humiliation at losing to Clinton.

Revenge will be his obsession for the rest of his days." Since I saw that tweet, I`ve been wondering what you have in mind, what do you expect of him starting November 9th?

TONY SCHWARTZ, AUTHOR: Well, I think he`s, first of all, probably vastly underestimates how incredibly depressing it is to lose, even for a person who isn`t as narcissistically vulnerable as he is.

So, I think he`s actually going to go through a really difficult period. I think it will probably result in a kind of manic response because that`s pretty much his way.

So, I think he`s going to certainly going to go after some of these enemies on this list in any way he can. It`s interesting because the people he`s suggested he`s going to sue, the grounds for those suits, forget what happens in discovery and all he makes himself vulnerable to.

The grounds are so limited and so far out that traditionally, the reason he`s sued is to try to cause people financial pain, not to --



O`DONNELL: Yes. So, my guess is, there`s a lot of built-up rage in there, and there are going to be no small number of people who he`s going to go after.

O`DONNELL: Do you think he will sue the women who have accused him of sexual assault? --

SCHWARTZ: I don`t, no, I don`t. But I think he`ll -- there will be a lot of (INAUDIBLE) drank before he does it.

O`DONNELL: Right --

SCHWARTZ: So, I think he`ll have a lot to say, and I think he`ll be out there. You know, his need at the end of this campaign is to find people to blame for why he lost.

You know, God save Kellyanne Conway when this campaign ends because she`s going to be the first person he`s going to have to blame -- I shouldn`t say that.

There`s a 100 other people he could blame, but within his own campaign, here`s the person who`s supposed to be the architect of his victory, and should he lose -- and I do want to say, should he lose, as horrifying as it is to say that, the idea of being overconfident about this, and then you get even a poll like "Cnn", which puts it at 5 percent.

You know, 5 percent --

O`DONNELL: With the --

SCHWARTZ: Is nothing --

O`DONNELL: With a 3.5 percent margin of error, so, it`s technically --


O`DONNELL: Within the margin of error --

SCHWARTZ: So, listen, it is my expectation as it is most people`s, that he will lose. But any overconfidence is misplaced.

O`DONNELL: Yes, I mean, when I say it here, I mean to express it according to the polls, if the election were held today. A lot of times I leave that phrase out, but that`s what I mean.

It doesn`t mean that I firmly believe Hillary Clinton is going to have a big, strong lead seven days from now. I don`t know. I just know what --

SCHWARTZ: We don`t know --

O`DONNELL: The polls tell us right now. The -- what do you think Donald Trump`s reaction was when he -- when he threatened the lawsuits on Saturday?

SCHWARTZ: Pretty much immediately.

O`DONNELL: Harvard Professor Laurence Tribe and other lawyers come instantly public, saying we will help pro bono, right away.

Donald Trump has never faced that kind of legal army immediately assembling on the sides of people who didn`t already have, you know, a giant legal resources on --

SCHWARTZ: Oh, my gosh, you know, compared to the number of things he`s feeling eviscerated by and depressed about, the prospect that there`s some lawyers out there who will take cases pro bono I think is a small piece of the puzzle that they have.

O`DONNELL: Right --

SCHWARTZ: But what I think is that his vision -- and this is something that happens really neurologically. You know, as the threat looms larger your vision, that`s the fight or flight response narrows.

And though his vision was very narrow from the start, I think it`s getting smaller and smaller and smaller.

And it would allow him to say even more outrageous things than he`s already said, including for example today, I`m winning in the polls.


SCHWARTZ: You know but, you know, what reality testing is that about? It`s just really extraordinary. I think he`s living, you know, I`ve have said before, he lives in a tiny little narcissistic universe. But if it was this, it`s now this. So I don`t think he`s seeing very far outside that right now.

O`DONNELL: We got to go. But quickly do you expect him to concede if he loses?

SCHWARTZ: I do not.

O`DONNELL: I don`t want him to because I want him to leave that clear marker for historians, that this was a candidate like no other.

SCHWARTZ: so I would say to you it`s not a good thing for democracy if he doesn`t, and if he can marshal the angriest part of that army to kinds of things that are violent, which I see as perfectly plausible, that`s not a good outcome.

O`DONNELL: My other part of it is I don`t think America rallies to losers, but we`re going to continue this conversation another night. Tony Schwartz, thank you for joining us again tonight.

SCHWARTZ: Thank you.

O`DONNELL: Really appreciate it. Harvard professor Laurence Tribe will join us next.



DONALD TRUMP, 2016 U.S. PRESIDENTIAL CANDIDATE: Every woman lied when they came forward to hurt my campaign. Total fabrication, the events never happened, never. All of these liars will be sued after the election is over.


O`DONNELL: After Donald Trump threatened to sue everyone who has accused him of sexual assault, one of his accusers Jill Hart said, if he sues me, I know that truth is an absolute defense. And I will counter sue for the emotional hurt and lost income his attacks have caused me.

One of America`s most prominent lawyers and legal scholars, Harvard law school professor Laurence Tribe has volunteered his services to any of the women Donald Trump has threatened to sue. Joining us now, Harvard law school professor Laurence Tribe. Professor Tribe you very quicky stepped forward and offered a pro bono help to women who Donald Trump on Saturday threatened to sue. Why did you do that?

LAURENCE TRIBE, HARVARD LAW SCHOOL Professor: First of all, I`m not the only one. Ted Boutrous and (INAUDIBLE) and many other leading lawyers have done it. I did it because I thought it`s about time that the use of lawsuit threats by a bully like Trump, should be met and met strongly, because a lot of people, a lot of women might be deterred by his threats, even though he often doesn`t carry them out. They might be afraid to come forward. And it`s not only them.

It`s all kinds of groups. I mean a group that I am also ready to defend pro bono, though it may sound a little strange is the American Bar Association which was frightened into suppressing its own report by a free speech watchdog group which concluded that Trump used the threat of libel suits to bully people into submission. And they ended up censoring themselves because they were afraid of being sued.

It`s really about time that people who know what they`re talking about in the law tell this guy what an idiot he is and how unfair it is for him to use his power, just as he says his wealth, his power allows him to grab women against their will, just as he says all kinds of things like that. He says that he can just sue the hell out of everybody and he`s going to learn better, you know, when he tries.

O`DONNELL: Professor, that video we saw of the Access Hollywood bus where Donald Trump In effect confesses to this behavior says that he does the things that these women describe him doing. Would that video be admissible in a lawsuit like this?

TRIBE: Sure, certainly would. It`s admission by a party of the lawsuit by the plaintiff. And he`s going to have one hell of a time especially with discovery saying that he was lying and bragging to Billy Bush and others. It`s really an extraordinary idea to first admit that you grope women and victimize them and then to threaten to sue them when they say that your admission was true.

And when he finally said that they are all lying, then more women decided that they were going to come forward. And there are probably plenty of others. I suspect that he`s a serial abuser. Most people who commit various kinds of predatory acts don`t just stop with one or two or 12. And the women who might be afraid to come forward should know that lawyers like me are going to be willing to defend them and the journalist who reported their stories without charge.

O`DONNELL: And professor, in Bill Cosby`s case, the statute of limitations had run on pretty much all of his potential assault cases. But what got him into court was, were victims or one victim, anyway, suing him for slandering her by basically saying that they were all lying. It sounds like Donald Trump --

TRIBE: Right.

O`DONNELL: Has the same kind of exposure here.

TRIBE: Exactly. All of the people he threatens to sue, without any real ground and in the face of the First Amendment have strong grounds to sue him for deliberately and falsely labeling them as liars. And as people who simply want their, I think he called it 10 minutes of fame. He`s cutting the normal 15 minutes because he`s already hogged them himself. O`DONNELL: Well Donald Trump threatened to sue me five years ago and like so many of his threats to use he didn`t carry it out or still hasn`t. You might be getting a phone call from me sometime professor if that Trump lawsuit ever lands on my desk. But it`s not also that --

TRIBE: That would be fine.

O`DONNELL: That threat to sue, even when he doesn`t carry it out is designed to inhibit people.

TRIBE: That`s right. And it`s part of the history of libel suits. Justice Brennan in a case called Garrison pointed out that the way the Nazis often early in their rise to power silenced their enemies and their opposition was through threatening to use defamation lawsuits against them. But I do want to add that quite apart from these lawsuit if Trump losses as I hope he will we won`t have to take the next step. But if he should happen to win heaven forbid. If he should happen to win then lawyers around the country who are joining me in this effort are going to do all we can pro bono to prevent him from abusing executive power by violating the First Amendment and much else in the constitution because if he wins, he`s likely to take a congress with him.

He`s not likely to have the checks and balances. So the legal profession has a challenge that I hope they can meet. I think that people who are lawyers and not in the pejorative sense. But in the best sense of the word need to step up and call this tyrant for what he is.

O`DONNELL: Professor Laurence Tribe in the honorable tradition of the bar stepping forward to defend the rights of those who could be abused by others abusing legal lawsuit powers. Professor Tribe, thank you very much for joining us tonight, really appreciate it.

TRIBE: Thank you Lawrence.

O`DONNELL: Thank you. How many Trump election monitors do you expect to see at your polling place? You know how Trump was saying he wants his people to go out there and watch and watch you vote to make sure there`s no voter fraud? How many of them do you think are going to show up? That`s next.


O`DONNELL: The latest crazy Trump campaign idea is to use crowd funding for what they call exit polling on Election Day. Now election polling is very expensive. Donald Trump obviously cannot afford exit polling. He cannot even afford to pay for his own campaign which is why Kellyanne Conway and the Trump puppets are constantly complaining that Hillary Clinton has an overwhelming advantage in T.V. advertising because the Clinton campaign has more money than Donald Trump.

And that is because Donald Trump was always lying when he said he could afford a Presidential campaign. And so Donald Trump sends fund-raising e- mails every day proving to his followers every day proving that he was lying when he said he didn`t need their money to run his campaign. Exit polling is so expensive that the TV Networks and other news organizations have to combine their financial resources to pay for exit polling throughout the country. And every TV Network is like way richer than Donald Trump.

But they can`t afford exit polling without teaming up with other networks. There is no exit polling at most polling places in the country. Exit polling is done by highly experienced experts who choose the key precincts throughout the country, especially in the battleground states where they believe they can find a sample of voters who they can then use to project how millions of other people vote. The crowd funding for the trump exit polling is going very, very badly.

And no one involved in the exercise actually knows how to even pretend how to do exit polling. And so the exit polling will never really happen. There won`t be a bunch of people in Trump hats outside your polling place asking you how you voted for their exit polling, and there won`t be a lot of trump hats outside your polling place monitoring the voting to make sure that there is no voter fraud going on. And by the way, standing outside a polling place, which is the only place that Trump monitors would be allowed to stand, is an absolutely impossible way to know what`s going on inside the polling place.

So, I for one believe that most Trump voters on Election Day, for them, it`s going to be just like every other election day. They will go out, they`ll vote. And then they`ll go about their business.

Republicans did everything they could in Florida last time and elsewhere to discourage voting in areas where President Obama polled very strongly. But Obama voters overcame those obstacles and put Florida in the president`s re-election win column. Obviously Donald Trump wants Clinton voters to feel intimidated.

And that`s why he`s talking about getting his supporters to go to the polls and places like Philadelphia to keep an eye on things, to monitor voter fraud. Donald trump wouldn`t mind one bit if Clinton voters stayed home, because they were afraid of maybe some violence from Trump supporters. But Donald Trump is the king of the empty threat. And my bet is that you have about as much to fear from Donald Trump`s imagined election monitors as I have to fear from Donald Trump`s threat to sue me. As I`ve said, he threatened to sue me five years ago, and then I immediately begged him to sue me so that I could get him under oath in a deposition. And I`m still waiting for him to sue me.



JIMMY KIMMEL, AMERICAN TALK SHOW HOST: You`re staying in Washington D.C. which is unusual for an exiting president.

BARACK OBAMA, UNITED STATES PRESIDENT: I`m like the old guy at the bar where, you know, where you went to high school?

KIMMEL: Yes. Exactly.

OBAMA: Just kind of hangin` around, it`s like shirt`s bundle too long that still thinks he`s cool.

KIMMEL: That`s one of your friends that you`re going to be hanging out.

OBAMA: Exactly right. Yes. Me and that guy at the Capitol Hill bar. (INAUDIBLE) when`s that guy leavin`?


O`DONNELL: Well we know what president Obama will be doing next year, but what will Donald Trump be doing next year? And is it going to be Trump TV? Frank Rich will join us to address that question. That`s coming up next.


O`DONNELL: Okay, we`ve got something for you to watch. Now you try to figure out what this is.


BORIS EPSHTEYN, TRUMP CAMPAIGN SR. ADVISOR: Listen well somehow this was Trump TV, that`s not what this is. This is our campaign and most importantly our candidate being out there and speaking directly to the voters, directly to the viewers and bringing the message on national security, on the economy, directly to these voters who are getting excited to be bypassed the leftwing media would excuse everything.


O`DONNELL: OK. If that`s not Trump TV, is it the pilot for Trump TV? Joining us now, Frank Rich a writer at large for New York Magazine and Emmy award winning executive producer of HBO`s VEEP, Frank what`s going on? Donald Trump doing these Facebook lives now, a lot of anticipation that this is the runway to some kind of Trump TV.

FRANK RICH, WRITER AT LARGE FOR NEW YORK MAGAZINE: Well it may not be the whole picture of Trump TV, because I don`t think Billy Bush is the weatherman, for instance. It is hilarious. It looks like public access television, sort of Wayne`s World meets what seems to be Trump favorite form of television. Russian State television in which he and General Flynn, his military sidekick seemed to be quite enamored.

So I don`t know, Trump TV, there`s all this talk about it. It will be interesting to see what happens. It almost seems too easy. But I would say one thing, if women are applying for jobs at Trump TV, if Donald Trump and Roger Ailes and some combination at the auditions, they should go in wired so they can do preemptive lawsuits before Trump tries to sue them.

O`DONNELL: Yes, then they won`t need any salaries from Trump TV. Frank, what I`m -- what I can`t wait to see is if this gets at all serious, I can`t wait to watch Bill O`Reilly, Rush Limbaugh`s reaction to it, because they would have a new competitor on the scene who they would have to crush.

RICH: Yes, and also what makes it even more fun is it presumably Sean Hannity, who has been trump`s main wingman at Fox News will have some leading role and so, you have O`Reilly versus Hannity, Limbaugh versus Hannity. It`s just too delicious. I can`t wait myself. I`d actually watch it for maybe a night or two.

O`DONNELL: Right. Right. And let`s listen to something that President Obama said today about Republicans and Trump.

RICH: Sure.


OBAMA: Republican politicians and the far right media outlets have pumped up all kinds of crazy stuff about me, about Hillary. Is it any wonder that they end up nominating somebody like Donald Trump and the fact is, is that there are a lot of politicians who knew better. There a lot of senators who knew better, but they went along with these stories, because they figured, you know what? This will help rile up the base.


O`DONNELL: That was the president last night in Las Vegas. And if he thinks the stories that he`s endured so far are bad, if -- if Bannon, Breitbart and Trump create some monster, we ain`t seen nothing yet.

RICH: Well, look what Breitbart did this week. They portrayed Paul Ryan of all people as a secret Hillary Clinton mole, who has been out to destroy Donald Trump. If so, they`re going to run out -- I don`t know if they going to have to really use their imaginations to the full to top the stuff they`ve already come up with.

O`DONNELL: Frank rich who has promised to be a first night watcher of Trump TV. Thank you very much for joining us tonight Frank.

RICH: Good seeing you.

O`DONNELL: Thank you. We`ll be right back.


O`DONNELL: We began the show with a little peek into Donald Trump`s self- awareness that he`s on his way to being America`s biggest loser. Here`s another one. Take a look at this.


TRUMP: What a waste of time if we don`t pull this off. You know, these guys have said, does it matter if you win or lose? There`s never been a movement like this in the history of this country. I say it matters to me whether we win or lose.


O`DONNELL: There he is this weekend. What a waste of time if we don`t pull this off. When is the last time you`ve heard a candidate -- first of all, they`ve never said it`s a waste of time. But when have you heard a candidate talking about if we don`t pull this off at the last minute when they`re trying to win it. MSNBC`s live coverage continues now into "THE 11TH HOUR" with Brian Williams.