everything in my capability to protect our children. nicole shanahan has been such a pleasure to get to know you. thank you so much for having us and your beautiful home again, and best of luck to you out on the campaign trail. it's a real pleasure. thank you. thank you very much. thank you. you can stream the full, unedited interview at youtube.com, slash alex michaelson or listen in podcast form by searching for the issue. is ♪ >> equal justice under law. it's the foundational motto chiseled on the us supreme court building here in washington. as we await some of the biggest decisions of the term on things like presidential immunity and abortion we'll take a deep dive into the cases and take a look at why there's such partisan heat on the high court. i'm shannon bream, this is a special edition of fox news sunday live from the u.s. supreme court. ♪ >> the supreme court has never been as out of kilter as it is

today. i mean, never. >> they are setting up to gut american democracy towards the end of this season. >> they're in there trying to make much a do about nothing. >> the they don't like alito or thomas or conservative justice. >> democrats including president biden target the supreme court ahead of the announcement of key opinions that could have a seismic impact on the race for the white house we get reaction from a top ally of president biden senator chris coons and lead republican on the senate judiciary committee lindsay graham. four days away from the cnn presidential debate president biden and former president trump gearing up for the big night. >> nobody's going to be watching the debate on thursday night right? nobody. >> our sunday panel on the key issues sure to make news at the head to head showdown from the border to enflailings foreign policy to fitness for office all right now on fox news sunday live from the supreme court. ♪

>> reporter: hello from outside the supreme court on capitol hill here in washington. every june it comes down to this. the final opinions from the supreme court as they prepare to wrap up the term. june is where most of the justices landmark decisions fall, many of them have changed the course of our country's future. tomorrow, for example, is the two-year anniversary of the dobbs decision. that overturned the court's 1973 ruling in roe v wade and said the constitution does not guarantee a right to abortion, sending the power to regulate the procedure back to lawmakers. this year it's possible that what the court decides could alter the course of the 2024 presidential election. in a moment, we'll talk with senators chris coons and lindsey graham both of the senate judiciary committee about that and much more but first we turn to mike emanuel hello mike. >> reporter: the white house klausly watching for the next supreme court rulings particularly the decision over whether former president trump should have immunity from prosecution. mr. trump's chance of having a pre election trial in dc depends on the court's ruling. it's been a busy week for

president biden who remains at camp david this week focused on preparing for thursday's cnn presidential debate against his predecessor donald trump. the work does not stop and plenty of problems continue to pile on his desk, including the tightening relationship between russia and north korea. the administration concerned over the show of force between russian president vladimir putin on an official visit to north korea to visit the isolated kim jong-un. the visit to establish a stronger support system to share weapons between the two countries. also on the foreign policy front increased tensions between the white house and israeli prime minister benjamin netanyahu. he's expected to address congress in washington at the end of next month. while the u.s. continues to support israel publicly behind the scenes, the relationship is reportedly frayed. to the southern border now, president biden recently announcing another executive action which will make it easier for undocumented spouses of american citizens to apply for

permanent residency without leaving the country. while certainly not all people crossing the border pose problems, authorities recently charged two illegal immigrants with the killing of jocelyn in texas and her family is devastated. rachel morin mother of five killed last august and authorities recently killed an illegal immigrant for the crime. the white house expressed condolences and criticism says it's not enough and far too soft on the border. shannon. >> shannon: mike emanuel thank you so much. joining us now is delaware senator chris coons who sits on the foreign relations and judiciary committee and co-chair of president biden's reelection campaign. welcome senator. >> thanks shannon great to be with you. >> shannon: we just had reporting on the border let's start there. days ago the president took executive acts this time an order that will essentially give people a pathway to citizenship who have been here for years

illegally. they will be able to stay in the u.s., they won't have to lead. the federation for american immigration reform says this, parole in place is a concept created out of thin air. it authorizes the government to permit the entry of aliens into the united states for interpret vary periods of time on a case-by-case basis for urgent humanitarian reasons or significant public benefit. it was not intended that it be used for quasi legal status for illegal aliens already in the country. rather than enforcing existing laws why is the president creating another executive order, another pathway that not only rewards people for being here illegally for years, potentially hundreds of thousands of them, but may attract even more? >> so, shannon, president biden has recently signed two executive orders on the border and immigration. the one you're just referring to, which allows those who have been here more than ten years and are married to u.s. citizens a pathway towards a green card. this follows a program that also

existed under former president trump where members of the u.s. military, who have someone who's here without documentation but is married to a member of our armed services to get a green card. the other executive order president biden signed strengthens border enforcement, makes it harder for those coming to our southern border to seek asylum. in balance we've already seen the number of encounters at the border go down as a result, but the stronger, more effective action to address border security and our broken immigration system would be real legislation passed by congress. it would be more permanent it would bring more resources it would actually solve the problem. and my friend conservative republican senator james langford and others senators mer any and sinema put forward a bipartisan deal that would have done that months ago. it wasn't signed into law only because former president trump campaigned heavily against it the day before we took it up. the former president wants an issue for the election.

president biden is trying to solve this problem for our country. >> shannon: but you know -- first of all, republicans had a number of objections to what they saw coming out of that bipartisan negotiation and they likely would not, many of them have voted for it anyway but you also have the president coming in on day one, we talked about this, repealing numerous executive orders some paralleling what he's doing now trying to fix the situation. our new fox polling say 63% of people disapprove how he's doing on immigration when they're asked head to head on president trump they give president trump a nine-point advantage on that. we are seeing record numbers of people showing up. we've got reporting on crimes involving rapes, murders, kidnapping, all kinds of things, that wouldn't have happened absent people being in this country illegally so they could commit those crimes. i want to play something from democrat west more, the governor of maryland, one of his constituents, rachel morin was killed. the suspect, she's a mother of five, is somebody who came here illegally, that's got to play out but here's what he's saying in the meantime.

>> i'm infuriated and our state is still mourning. when people think about the border crisis and they think that this is only impacting a handful of states, harper county in our state where this brutal murder happened is 1800 miles away from the border. >> shannon: and yet every state now is a border state. how does the buck not stop with the president on this issue? >> well, shannon, president biden in his state of the union address this year extended his hand to former president trump and said, instead of blocking legislation, instead of campaigning against legislation that i believe would have passed if it had gotten to the floor, work with me, let's solve this problem. let's put down the tools and find a lasting solution. there was a bipartisan solution ready for us to take up --. >> shannon: but it would not have stopped these people who in a number on recent case is. >> on both sides shannon they were ready to vote for that deal after months of hard work crafting a real bipartisan

solution. >> shannon: it still would have allowed thousands of people into this country, whether they showed up and were just let in because of detention issues which, you know, we know there are empty ice beds and problems with funding. but also the cbp-1 app would have allowed a lot of these folks in, when we talk about these recent crimes and we have a list, they are tragic, nobody wants them to happen, but that legislation would not have stopped those people from coming into this country. >> you can't assume that every person seeking asylum in this country is going to commit a crime shannon. >> shannon: correct, it only matters that it's one. i mean, when it's an american life. >> what's your question, shannon? >> shannon: well, the question is, and we know the vast majority of people coming here are simply seeking a better life or asylum from a dangerous situation at home but because the situation has become so porous at the border, it does allow for bad actors and whether it's five or ten or 15, these are american lives that have been devastated because of them being able to manipulate the system as it exits.

>> i agree. shannon we need to get control of our border and i hope folks will pay attention to what the former president has said and done on law enforcement. he called for defunding the fbi. it's the fbi that is enforcing federal laws and helping make our country safer. we also have seen a significant drop in crime under president biden who has invested in law enforcement nationally. the american rescue plan funded federal, state and local law enforcement at record levels. shannon, as folks look about who's better positioned to keep us safe going forward, i hope folks won't overlook that former president trump incited a riot at the capitol on january 6th where law enforcement officers who protect all of us in the capitol every day were assaulted and he is a convicted felon, i think that stands in sharp contrast to president biden's defense of the rule of law and the agenda he's putting forward to strengthen our law enforcement and our border

security. >> shannon: that is a whole other show. listen, we're going to get to some of that later because we are talking about cases here at the supreme court that involve january 6th defendants who i think most good people out there think if you assault a law enforcement officer that's a crime. but let me talk to you about what else is coming from the court because you sit on the judiciary committee you have great interests as all americans do in what's happening here. there has been some praise from the administration on things like the abortion drug, 9-0 leaving that on the market, the justices did that and an 8-1 decision this week saying if you're under a domestic violence order you should not have sacked to a gun but at the same time the president will brag about things like defying the supreme court who told him he could not forgive billions of dollars in student loans. so you talk about law and order. will this president respect what comes from this court with respect to presidential immunity, with respect to january 6th or does he pick and choose the decisions he likes from the supreme court? >> look, i think there's a sharp contrast between former

president trump and president biden in terms of their respect for the rule of law and how they approach both law enforcement and our legal system. former president trump was in a courtroom in new york where he attacked the prosecutor, the prosecution, the judge, the jury, the whole process so many times that before he was ultimately convicted by a jury of his peers of 34 felonies he was subject to a gag order. president biden we saw evidence of this this past week, his son son was convicted here in a court in wilmington, delaware and he did not ever attack or criticize or question the judge, the prosecutor, the jury, the process. in fact he said --. >> shannon: okay, but senator he has -- >> that is a sharp and clear contrast in how they respect the rule of law. >> shannon: but he has repeatedly attacked the supreme court and he said he doesn't care what they said on student loans. >> look, i've raised questions as of many of us in the senate about the lack of a binding code of ethics for the supreme court. one of the justices, justice

thomas, has accepted millions of dollars of unreported gifts of travel and hospitality over many years. and it is the only court, it is the only group of federal judges or justices who have no binding court code of ethics. we recently tried to pass through the senate the supreme court ethics recusal and transparency act and it was blocked by my republican colleagues. every other federal judge in our country has a binding code of ethics. so does the senate so does the house. i think the supreme court should as well. >> shannon: senator i'll ask our next guest about that, your colleague, lindsay graham on the judiciary committee the ranking member as well. and as you know they have guidelines filings and ethics otherwise, all nine signed a letter to you guys in in the senate all nine justices but the debate over the ethics legislation will continue with libsy graham thank you senator appreciate your time. >> thank you shannon. >> shannon: joining us live

south carolina lindsey gram ranking member of the judiciary committee. let's start the should there be a more binding ethics code for the supreme court. >> the worst thing that could happen is for the united states senate and the house to determine what cases the supreme court hears. the bill that he talked about was killed on the floor of the senate because it would allow lower court judges to determine when a supreme court justice should be recused. it was a constitutional overreach. they're trying to micro manage the court and alito and thomas because they don't like conservative judges. i like chris but the people over there are part of a political team that when democrats fail at the ballot box people over there will fix the problem from a liberal perspective. donald trump changed the court. they're squealing like stuffed pigs because the supreme court no longer is a political body, it is actually looking at the constitution and making

constitutionally sound decisions versus political decisions. that's the problem liberals have with the court. >> shannon: so the president, as you know, blasted them a couple of weeks ago, couple days ago at this fundraiser saying they're completely out of kilter and a lot of pundits think that is winning, jennifer rubin at the post says the more at the supreme court the better for democrats, the court is broken unpopular and in dire need of reform. biden knows it and should make court reform a key campaign issue and made in his remarks the court is thinking about making ibf illegal or taking away protections for ibf. >> so if democrats can't convince you that there's something bad wrong with the court, they're going to lose because most americans believe that they're not safer under president biden than they were trump. chris coons, a dear friend, said that there's a good case to be made that you're safer today than you were when president trump was president. if you believe that, you shouldn't be allowed to drive.

that's silly. that's dangerously wrong. the border is beyond broken. you have wars in ukraine, you have the mid east on fire. when it comes to enforcing the law, joe biden has been beyond reckless. he's taken a parole statute that's limited in nature and has given a million people parole when on average trump and biden's chen vacation gave 5600 people parole. laken riley's murderer was paroled because they had lack of capacity in el paso. they let him out under the parole statute because they were full. there's nothing in the statute that says you can go because you're full and he killed this lady. on and on and on, all of these women who have been raped and murdered have one thing in common. the people that killed them raped them and murdered them were in our custody and let go i think illegally. so joe biden better hope and pray there's presidential immunity because when he allowed the killer of laken riley to be released on parole because of lack of capacity, i think he's

subject not only to a lawsuit but criminal prosecution if there's not presidential immunity. >> shannon: i talked about with senator coons, that's a small number of people. obviously most people are coming here they want a better life, they want opportunity t aclu in praising this latest move by the president allowing people who are here married to american citizens said this, the policy keeps committed loving families together which strengthens all of our communities, it's popular with voters backed by the president is the type of humane and common sense action that has made american stronger. the vice-president said the same thing we want to cope families together. >> from the aclu point of view that's true. from the average american's point of view what biden did is a disaster. he took a can of gasoline and poured it on a fire. he unilaterally gave 500,000 people legal status calling it parole in place. there's nothing in our law. he's in the most lawless president ever on immigration biden is. there's nothing in our law called parole in place. there's nothing in our law that

allows him to forgive student loans. if you're out there working and didn't go to college, joe biden's forgiving student loans and you're paying for them. this is beyond lawless and beyond dangerous. so the idea is spreading around the world biden just gave amnesty legally to half a million people, maybe i should keep coming. the reason the border's broken is biden chose to overturn every policy trump had. we had the most secure border in december 2020, the most lawless border now because of policy changes by biden. and it's not a small deal it's a big deal. the largest number of people on the terrorist watch list came in last year only to be exceeded this year. i've never been more worried about a 9/11 than i am now originating from a broken border started by a terrible decision to withdraw in afghanistan. the world is on fire, folks, and biden's not going to fix it. >> shannon: okay. so why haven't you guys fixed it? that's what he says right over here in the capitol that you guys know the problem you agree

the problem. >> you know who i am i was in the gang of 8. the bill they introduced was a joke when it came to parole. biden has paroled a million people in this country illegally in my view. trump and obama presidencies, 5600 people paroled based on two limited factors. the bill had nothing to do with parole. it allowed 5,000 people a day to come. that just incentivizes more illegal immigration. the border was secure, the wall was almost finished, and joe biden issued 96 executive orders changes remain in mexico. folks, the reason we're overrun now is because of the policy choices of joe biden. he could fix this without any congressional action. he chooses not to because he's an open borders president. >> shannon: okay. i will say for the record, because we've had your friend senator lankford on the show that said 5,000 once you hit that in a week everything closes down. >> get 4,999 ever day.

>> shannon: let's talk about prime minister benjamin netanyahu coming here. the headline no one knows what he's going to say white house fears are mounting about his visit. senator chris murphy said he's only about himself and they're worried he's going to come here and criticize our american president for not supporting them enough. they've been very public about that. should you welcome a foreign leader to come speak on the floor and the house when you know possibly they're going to go after our sitting president. >> this is not just a foreign leader a leader from israel a best friend in the region and one of the best friends in the world. israel is surrounded by islamic extreme efforts who want to cut their throats literally. all those people who want to kill israel want to kill you hamas. here's what bothers me the most slow walking weapons to israel makes the war go on longer. we need to be all in in helping

israel, give them the weapons to within a war they can't afford to lose. hamas said they'll keep doing it again and again and again until they destroy. i believe hamas. the great satan iran backing hezbollah. they're trying to use weapons in ukraine and israel to micro manage wars. they tried to give ukraine just enough to stay in the fight not to win. they've been slow on artillery, slow on f16s slow on tanks now they're slow with israel but i got a call a few minutes ago, the israelis say they see some progress but i promise when we come back there will be oversight on the weapons delivery system in israel. congress voted in a bipartisan way to give israel the bombs and the missiles they need to win a war they can't afford to lose and we will be looking over biden's shoulder to see if he's honoring the commitments made by congress. the fact we're having this debate emboldens hamas and we won't sanction international criminal court for charging the

israeli prime minister as war criminals is outrageous. every time biden does this it juices up the terrorists they see this as a separation between israel and the united states and makes the war go on longer and aiding and abetting the enemy even though they won't do so. >> shannon: keep us updated on the phone call senators. thank you. up next we're going to keep a deep dive on all the cases on the supreme court coming in days, our expert legal panel is up next here on capitol hill. ♪

>> shannon: we are coming to live from the supreme court. 14 cases left to decide in the next week at the top of nearly

every watch list is a decision about president trump's assertion that he has immunity shielding them from criminal liability and special counsel jack smith's case against m. smith cites his actions during his final days of the presidency. there's a case involving a january 6th defendant and whether the justice department wrongly charged him under specific obstruction statute and its use charge hundreds of others and president trump. there is an abortion case, a case testing the boundaries for federal agencies and when weather cities and states can ban homeless encampments and much more. joining me now to discuss the court's biggest case of the year, university law professor jonathan turley and also the author of a brand-new book the indispensable right free speech and an age of rage and former principal deputy assistant attorney general tom dupree. good to see you. it is a field trip to where all the action is going to be. let's start with the immunity case because there are those who felt like it should've been

delivered long ago. an opinion piece and "the new york times" as something is rotten how long it's taking the justices. this court lost the benefit of the doubt for a myriad of reasons including its willingness to work quickly. they say there is something going on. >> i totally disagree with that. it looks quiet this morning but there's a beehive of activity behind the marble walls. they are finishing up the immunity decision and other key decisions we are waiting for. oon the immunity decision, the supreme court is going to be writing for the ages. this is a case that is not going to resolve or address the cases against president trump. it's going to be a rule of constitutional law that will affect all united states presidents going forward. they want to get it right. i will not fault them if they take an extra week or an extra two weeks to make sure that they write a thorough, correct, accurate constitutionally sound opinion. >> shannon: you mentioned this from justice gorsuch. and he said we are writing a rule for the ages. it takes time. >> and people need to understand this is a critical line. between the president and the

rest of the world, particularly congress and the courts. there are some issues still remaining in the constitution that are ambiguous. this is one of those and the court has always shied away from tackling this issue. they now have to and that means they have to get it right. what you heard from the justices on both sides of the spectrum, i thought it was really serious efforts to try to get it right. not that they agreed but unlike the media, unlike the commentators, those nine justices had a civil and one of the best discussions i've ever heard in the supreme court as they tried to probe where this line is and none of the justices seen that satisfied. let me put it this way. the court as a whole did not feel satisfied with the extreme positions of either the trump team or the lower court. they seem to be looking for something more nuanced. >> shannon: and the conversation about if they gave this sweeping immunity that the trump team would like, the worries about allowing somebody

to take office knowing they could do anything with no repercussions at all, it sounds like they will find some level of immunity and then have to decide what were the official acts that would get some of that protection and that could take some time. it could kick this back to the lower court extending the whole case. the other big when we are waiting on, there are many, but january 6th. there's a defendant who brought the claim saying there is an obstruction that is not right. it applied to hundreds of others and it's part of the case against president trump. it says whoever correctly obstructs, influences, or impedes any official proceeding or attempts to do so shall be fined or imprisoned. that gets to what happened on january 6th. >> there's a huge amount at stake here because obstruction of an official proceeding was the common denominator running through hundreds of cases. the department of justice is a gambler in vegas that would only bet on red. this is the red ship. the red slot. if it is eliminated, all bets are off. i think the court very well

could narrow this because the underlying statute was designed after the case. it dealt with a destruction of documents and in the lower court, the trial court said i don't think this fits. the d.c. circuit said it is close enough for us. clearly many of the justices were having trouble with extending this law this far. if they narrow this interpretation, it will not only knock out hundreds of criminal counts, it will knock out counts pending against president trump. >> shannon: tom and i have a favorite. we are the walking nerds of this whole thing. there is a case that talks about chevron deference and what it does is it gives a norm's power to federal agencies where you would say these are the experts and the bureaucrats who know the subject matter best to make decisions about how federal regulations impact everything from the car you drive, the phone you use, the shampoo, how you use your land. the center for american progress said this about the case. the stakes could not be higher, the outcome could affect nearly every policy area, health care,

civil rights, workers rights, education, federal regulation to just say a few. >> for once i agrees. it's an important and fascinating case and you be her finger on it. this case does fundamentally affect the balance of power in our government and in our society. the question is if you have a law that involves a federal agency's regulatory power and that law is ambiguous or open to debate, who gets to say with the law means? is it the federal bureaucrats or a judge? most people would say it's a judge and in our nation's earliest constitutional law case, marbury versus madison, the supreme court said it has the power of the courts to say with the law is and i anticipate the united states supreme court in this will reset that balance and say in that situation it is the power of the courts, not the federal bureaucrats to say with the law really means. >> shannon: we will know as early as wednesday but there are other federal cases playing out with the president. the one dealing with documents in storage and the dealings of these documents in mar-a-lago. the judge there was appointed by

president trump in "the new york times" had an interesting piece this week that said when she was assigned the case, there were other judges who went to her to pressure her you don't have the experience for this and you shouldn't take this case. "the new york times" have said that her credits suggested she's in over her head in the take for mr. trump or both. >> it's an outrageous hit piece against this judge appeared this is the same newspaper that went into vapors when anybody questioned judge mershon and his election which was not random. he was put on that case and ended up ruling heavily for the prosecution in ways that many of us believe our reversible errors. and you have this peace in "the new york times" attacking cannon who by the way has ruled on major issues against the trump team. in my view, the thing that is most disturbing is the suggestion that other judges may have spoken to "the new york times" to poison the well for their colleague. judge cannon has worked this

case evenly. she has made a number of decisions that go both ways. i think she has been quite an impressive judge on this. she is trying to get it right. but the idea that because she is a trump appointee, she's under suspicion is precisely what they criticize president trump for saying on judges in his cases. the hypocrisy is perfectly overwhelming. >> shannon: something tells me we will be bugging you guys a lot this week. wednesday is the next opinion day. thank you both very much. up next to th the biden and trup campaign's build up to thursday's big cnn presidential debate. our sunday panel will join us for a sneak peek and rocked to polls. some surprising results. ♪ ♪

♪ (ominous music) ♪ yes, ahh!! mom: what is going on with you? get out! andy! get out of my room! get out! mom: andy. fight! fight! i didn't say anything. yes you did. ♪ (ominous music) ♪ ♪ (ominous music) ♪

♪ (ominous music) ♪ >> shannon: welcome back to our show. our special fox news sunday live from the u.s. supreme court. our senior congressional correspondent is joining us to talk about tension that is existing on the hill right now with respect to the court and beyond. >> there's a geography lesson for you first. we are at the supreme court. the library of congress is over here and the u.s. capitol is right over there. the capitol visitor center is underground. the library of congress in the

capital themselves they are connected underground by a tunnel but you know the supreme court used it meat inside the capitol until 1935. they moved across the street and that is a good thing because democrats right now are mad at the supreme court. >> democrats escalating attacks on conservative supreme court justices. >> justice alito is an insurrectionist sympathizer. joined by his right wing body clarence thomas. >> democrats are clues clarence thomas and samuel alito of crushable ethics. thomas for traveling on lavish getaways on the dimes of g.o.p. megadonors. alito for controversial flags flying at his home spirits >> the legacy of the roberts court will be of one of unchecked corruption. >> ethics rules do not require him to support such trips as well as donors don't have business. alito says his wife flew the flags. democrats complaints are

camouflage for what really needles the left. >> democrats don't like that justices are making certain decisions. >> one democrat demands john roberts penalized justices. >> he can say justice alito no longer rights majority opinions. no longer presides. >> republicans are appalled by the ultimatums. speak out they want the supreme court to become subservient to the congress. >> republicans say the attacks are just politics. but democrats don't seem to disagree when it comes to an electoral strategy. >> democrats in election after election after election since the fall of roe v. wade in 2022 are winning. >> democrats have three opponents this fall. republicans, former president trump, and the supreme court. shannon. >> shannon: thanks to chad pergram. now to our sunday group. they are joining us just down

the hill back and fox news washington bureau. "usa today" white house correspondent white francesca chambers. fox news contributor katie pavlich. fairman founder of the faith and freedom coalition ralph reed and kevin walling. i hope you're enjoying the air condition. so glad to have you with us. there are warnings from democrats who are worried about what president biden will do when he shows up on thursday. here's jones. >> if biden goes out and messes up, it's game over. if he walks out there and a week later he is lower in the polls, it's panic in the party. >> if he shows up and has a good night that could be a huge boost. >> the biden campaign, shannon, is saying they don't expect there to be a major jump in the polls or really at all in the near term. they see this as more of an opportunity to organize and get their supporters engaged in this

election and indeed, they are staying in a memo this morning again that when you have these two candidates who have already been well defined through the same two candidates who ran last time that much of the electorate is already locked in and it is a small group of voters who were going to ultimately decide the selection. >> we know that the debate prep is different for these two as well. president biden at camp david with advisors spending days getting ready for this. alexis mcadams, reporter for fox was with president trump last night and asked him about debate prep and he said this is that you're getting out and answering questions and talking to people. someone cautioned that was not the best approach. alan schroeder who is a professor of journalism at northeastern university said there is risk in the less formal approach for trump who like biden has not debated in four years. debating is a very specific thing. it doesn't really pay to just show up. ralph. >> i don't disagree with that but i think it is an even game because neither one of these

candidates has debated in the last four years. biden really didn't have a primary, trump was so far ahead that he made a decision to not participate in the primary debates. they are both in a situation where they did not get seasoned by primary debates but i can tell you that spirit i was with the president, meaning trump, former president trump yesterday. he was at our faith and freedom conference. this guy is in the zone. he is ready. and i expect joe biden to be ready. the idea that he won't be able to get up for a moment this critical that will be a defining inflection point in this campaign and could well determine whether or not he is voted out of office or not, they will make sure he is ready and it will be game on for both of these candidates thursday night. >> it will be interesting to see if they go heavier on policy or heavy on personality because we know they will talk about character, fitness or office,

all of these things but our fox news polling when we asked what is this year's presidential election mostly about issues and who could do a better job. that was 59%. character and fitness to serve a 29%. how should that factor in to how both of the sites look at going at this because we know there will be personal jabs. i don't think these two will be able to resist. >> there certainly will be but i'm hopeful it will be of substantial debate on issues. of course it is a different format than previous cycles with the mute button that we talked about, with the fact that there is no audience. i think that both of these individuals will bring their a-game. this is the first time they have been in the same space since the last debate four years ago. i think, again, focus on the issues. the timing of the supreme court decisions that you just talked about might weigh heavily in terms of the conversation on thursday night but that fox news polling shows some wind at the presidents sails peered the fact

that he is now leading the former president by two points. the first time we have seen a poll where president biden is leading the former president cents last october. and more importantly, he is leading with independence by nine points in that poll appeared to francesca's point, so many people's minds are made up and those independence will o make the next president take office next january. >> shannon: a lot of good news trending the white house's weight, the presidents way. him with a 50-48. lead. when you look at these two matching up nationally. there are key states that we keeping attention to because they will make all the difference. in pennsylvania "the wall street journal" talks about the fact that there are an average of polls that give trump a slight edge there that he is doing things like eat at last after he went to philadelphia, a place that is very blue and not traditionally a place that would be a stronghold or a winning place for trump. we would guess that will be the same thing this time around but he is going to different constituencies and places that

he thinks he can move some ground. in that "wall street journal" piece they say that speared in a cnn exit poll in 2020, 92% of black pennsylvania folders voted for mr. trump. excuse me. mr. biden appeared only 7% voted for mr. trump. this month's survey found that the president's black support has fallen to 68% while the former president has more than tripled to 23%. how worrying is that for the white house because that is polling that we had in virginia a couple weeks ago as well showing tripled a black support for president trump this time around. >> in the polling that we have done at usa today of black voters in those battleground states what it shows is that president biden is facing a potential problem of attrition that could make a difference for him peer but they are not necessarily going to go to trump. one of the problems he's facing as they could just stay home in the election altogether. he needs to get those voters reenergized and not just in those states but in other states

like georgia as well. there is major concern amongst democrats about black voters not showing up in these southern states in the sun belt. >> shannon: francesca and the panel, thank you very much peered stay there. up next at the suspected killer of a maryland mom finally arrested. authorities say he entered the u.s. illegally last year peered just one of the recent crimes related to suspects who have all done the same thing. the tragedies fueling attacks on the presidents immigration policies. we will debate that next. ♪ ♪ e a day. every morning i check, make sure i'm in good shape. and it makes me feel pretty good about my heart condition. it's a complete game-changer. i mean, you might as well be in a doctor's office. there's a way i can communicate with patients now in a way i never could before. they have their own ekg in their pocket. with kardiamobile, you can take a medical-grade ekg

in just 30 seconds from anywhere. kardiamobile is proven to detect atrial fibrillation, one of the leading causes of stroke. and it's the only personal ekg that's fda-cleared to detect normal heart rhythm, bradycardia and tachycardia. having kardiamobile, it's a peace of mind for me. because you can't see your cardiologist every day, but you can see your kardiamobile every day. checking your heart anytime, anywhere has never been easier. don't wait. get kardiamobile today for just $79 at kardia.com or amazon. >> i had 20 years of experience as an hr professional and i had reached a ceiling, so i enrolled in umgc. i would not be the person that i am today had it not been for the partnership with umgc.

>> a criminal. is responsible for the criminal act. the criminal who committed this heinous act should be held accountable to the fullest extent of the law and forcefully so. >> as far as i am concerned, the biden administration has the blood of rachel moore on their hands. spoon that was homeland security secretary ella hunter by orca's this week being asked about the murder of maryland mom rachel moran. the suspect is an illegal migrant who cross the border in 2023 and that was the half sister they are blaming the

biden administration for rachel's death. we are back with the panel. i want to start with the reviewer editor in chief over at townhall.com and i noted this piece by guy benson that said leftists, how dare conservatives draw attention to all of those violent crimes committed by illegal aliens. we are told this is fearmongering and we know that this is a tiny percentage of people who come here but for them being here, those crimes would not have been committed on american victims. >> we can say it is a tiny percentage but the fact is there a millions of people in this country that the biden administration has no idea who they are, where they came from, what the records are, and their home countries. despite homeland security secretary repeatedly telling americans with these people have been vetted, there are ways they can't do that because these people are coming from countries with corrupt systems, sloppy background check infrastructure, or they have complete failed states if they are coming from countries where there is a lot of terrorism as a result of failed states. that is something the administration is trying to

reassure americans about but when you have someone in your community which is affecting communities all over the country, a mother of five who was murdered, a college student going for a run in georgia, it becomes very personal and it is the federal government's job to deal with the criminality of illegal immigration and for months the biden administration has refused to talk about this issue in terms of stopping the problem. they have demanded that republicans give them more money to manage people like this to come into the country but a lot of these criminals, they get released by ice, they have the ankle bracelets which they cut off which led to the murder of a 12-year-old girl. the biden administration is more outraged about the attention on the issue rather than the murders that have occurred as a result of these open border policies and the lack of vetting of criminals coming across from other countries. >> and this is really difficult. it's the tough one the reality of it but it's also a campaign issue. how do you think the president handles this at the cnn debate. >> it will come up on thursday.

each of these situations are horrific. i think secretary mayorkas said it perfectly when he said these are criminal acts, they are disgusting, and they are horrific and should be dealt with in the criminal justice system. but listen. the fact that senator coons talked about this initially in the conversation that we had a bipartisan deal that would've search resources and the president has deployed minor agents to the border at any time in the history of this country but we need, absolutely we need immigration reform in congress has kicked the ball down the field since the reagan administration on this issue. of course we have the executive action on june 5th from the president. we have seen migrant encounters at the border down 20% because of that but that is also being challenged in the court system because executive orders don't have the weight of congress. congress needs to act. >> shannon: it is now going to be a cudgel. you've seen it used against republicans when there was a deal on the table they did not take it. >> i know the democrats and the

biden campaign are desperate to try and shift the blame on this but you are the leader of the free world. when he walked off the west front of the capitol on january 20th of 2021, the first thing he did, shannon, was signed executive orders repealing the key cornerstones of the trump immigration policy. he repealed remain in mexico. he repealed the asylum reforms. he put an end to the construction of the border barrier and wall and he left it sitting there, literally, billions of dollars down a rat hole and the border wall that was being built sat there and rested. they burned the money rather than finish the job. that's how more concerned he was about playing politics and erasing trump's legacy then he was about protecting the american people. he owns every one of these tragedies as a result. >> shannon: we are out of time. we have to go but we thank you so much peered we will see you next sunday. up next, i sat down with retired

supreme court justice stephen breyer and he opens up about his nearly 30 years here on the highest court in the land. ♪ ♪

>> shannon: retired justice stephen breyer spent nearly three decades on the supreme court wading through many difficult historic cases. he has a book out now reading the constitution why i chose pragmatism not textualism. i sat down with justice breyer to talk about how he tackled the cases, the most challenging ones, his worries about the court as an institution and whether he misses being over here on the bench. our sunday special. >> shannon: it's remarkable that you boil things down in a way that whether you are a lawyer if not if you have any interest in what is going on you will enjoy this book. what was the goal for you? >> that was the goal. i've been a judge, hard to believe, 40 years. and most people, they don't know what we do. what is an appeals court church. what is the supreme court judge do. i want them to understand. i want them to see why cases are difficult and i want them to see different approaches people can take. i have my preferences and i want them to see why and i would like to say enough about people who don't agree with me that they

get a fair picture of that and they can make up their minds. >> shannon: do you worry about that hit the supreme court has taken in the recent years? you see the polls and the reports. do justices worry about that or do you feel it we are doing our job question what you worry about the court as an institution? >> of course. of course you do. it takes you a few years in the first two years i promise you wandering around that place you think how did i ever get appointed? you don't tell anyone you are thinking that. i was told by one president, the applause wears off very fast. >> shannon: when it comes to issues that you feel are ripe as a justice, and you will get a vote in what cases come before you. but there are political implications potentially or the public would view it as having a public impact. how tough is it to vote on

whether or not you will hear that particular dispute? >> it depends on the case. when i was a law clerk i worked for arthur goldberg. he was a justice. 1964. that's ten years after brown peered and there is still, in my opinion, what that court was worried about and interested in is how are we going to get brown enforced. can we? where will we get the help? not too much help. not too much help outside of the court. but we want to get it enforced. you listen to much to popular opinion and he won't have a court. you never listen and you don't know whether or not the laws will be enforced, will have a rule of law and you say what is the answer to that? this is not computer science. >> shannon: there's no formula. >> no. >> shannon: do you miss it? you stay busy but do you miss your colleagues? >> of course. the difference if you are a

professor you know pretty well if you spend the time that you should but the cases have decided. what people have written. but when you are a judge you also have to take into account how will that affect this now? how is it going to affect this in the future? and you will not get a good answer and you will be sure and you will just try to do your best. it isn't something where there are clear answers in difficult cases and there are many difficult cases. >> shannon: our thanks to justice breyer. tune into fox news democracy 24 special coverage of the cnn presidential debate simulcast peered fox news channel coverage begins thursday june 27th at 8:00 p.m. eastern in the cnn prl debate simulcast will begin at 9:00 p.m. eastern and right here on your local fox affiliate i will join you for a special half-hour of pregame.

that's us today. thank you for joining us. i'm shannon bream, have a wonderful week. we will see you right back here for next fox news sunday. ♪ ♪

another side. show this one on the bay bridge. we'll show you what happened that's coming up. and california's state leaders have agreed on a new budget. how that plan impacts funding for many programs, including minimum wage for health care workers, as from ktvu, fox two news, this is mornings on two. and good morning to you. welcome to mornings on two i'm claudine wong. >> happy weekend one and all. it is