welcome back. it's 11:00 a.m. eastern.

8:00 a.m. pacific. i am katy tur in for josé diaz-balart. hours after the monumental decision, he used his newly established immunity as grounds to postpone next week's sentencing, and we will get into whether or not that immunity applies. meanwhile, a person tells nbc news special counsel jack smith is not planning to ask the supreme court to move quicker than usual, perhaps acknowledging there's no way before the trial -- no way the trial can happen now before the election. with us, nbc news correspondent, vaughn hillyard, and katharine christian, and an msnbc legal

analyst, misty maris, a defense attorney. you have news, and please give it to us. >> the d.a.'s office says with mr. trump's motion to apply the immunity to the conviction in new york, they say they do not oppose him taking time to file something to adjourn the sentencing. right now we have notice from the d.a.'s office that they are okay with pushing that off and having a briefing on president trump's motion to vacate the verdict on the bases of the immunity ruling. >> why would they? >> why would they consent? >> because they know it's an issue, they don't want the appellant issue, and if judge -- if that sentence in the new york and state court, it's often

adjourned because issues like this, not involving a former president, but issues come up and it's adjourned. >> we just got the letter from trump's team to juan merchan, and tell me about the trump team and their strategy with using this immunity decision? >> the argument they are making, donald trump's attorneys, are not necessarily that donald trump was immune from the charges he was found guilty of, but some of the underlying evidence, particularly the tweets and public statements used and brought into as evidence by the district attorney's office to help the judge find he was guilty. for these reasons, most of the president's public communications are likely to fall comfortably within the outer parameter, and if the

d.a.'s office was not able to bring some of the testimony in, it's not assured the jury would have found him guilty. this is now where july 11th was supposed to be the sentencing, and we expect that to be pushed off based off the question of donald trump's defense team. also the d.a.'s office saying they are find with it, but give us two weeks to respond to the motions they are putting forth. >> let me read a little from the letter and i think it's interesting, this is todd branch to the judge regarding the ruling from the supreme court. the d.a. new york described as devastating, and social media posts during president trump's first term and toll records reflecting calls involving the president while in office. under trump this official acts of evidence should never have

been put before the jury consistent with arguments made before and during the trial, and the court held trump may not be prosecuted for practicing his core powers. the presumption applies unless the government can show applying a criminal prohibition to that act would pose no dangers on the authority and functions of the executive brunch, and the d.a. new york cannot make that showing and trump forbids -- trump, the case, forbids such conduct, and this includes -- this is key, trump's tweets and public addresses. misty. >> this is what i expected to see in the letter. the defense will argue anything that happened during the time trump was president would fall

into a category where he has immunity or presumptive immunity. we are not talking about the conduct. the conduct, the subject of the case, the stormy daniels and hush-money payment will be personal and outside of this, but they are talking about the evidence admitted. >> these are the tweets in which donald trump is pressuring michael cohen -- >> no. that the payments were reimbursements. >> they are trying to say none of the evidence should have come into the courtroom and they are using the recent scotus decision, and they are looking at it through the prism of a new test. >> will it be successful? >> i don't think so. the reason why the prosecutors want to respond is they will go through and look at the mountain

of evidence they had, and you exclude the tweets that could have borderline been considered official, it would still be a guilty verdict. >> it's an audacious move by trump's team but not unexpected. >> while it's bold, i don't think it's frivolous either. the ruling is a clear one. this is a motion they made in a run up to trial, and judge said they were too late. yesterday's ruling surprised us all. this really puts this squarely at issue in this case. it's not a frivolous motion. >> now that you had a chance to digest it, and yesterday we were reading through it with quite a bit of haste as it came down. i have had 24 hours and you have had 24 hours. now that you are looking at it, does it seem as dire a decision, as a consequential decision as

it did in those moments? >> yes. read in its totality, it's functionally an absolute immunity decision, and for core constitutional functions of the president, and the fact that you can't consider somebody's motive, and then the presumption of immunity, at least -- the court says at least, we are not resolving it now, but at least the presumption of immunity for any official acts, and that was not a thumb on the scale but a full hand on the scale. >>. >> was so much more than any of us expected. when we heard the arguments before the supreme court there was going to be a distinction between official acts and acts that fall outside that. that became clear. to your point, it's so spot on. the fact that it extended to the

evidence, even if the conduct is not charged, none of the evidence can come in for official acts evidence with respect to setting the stage or showing the conduct or speaking about motives or anything you would need in order to establish a case as a prosecutor. that took the wind out of the sail -- >> amy coney barrett disagreed with that. >> she said i join in dissent in that issue that jurors should not be blinded, and basically they are saying, the majority, you can't bring in any motive evidence, and it's not necessary, the prosecution generally doesn't have a proof motive and you are generally allowed to bring that in, and not for the president of the united states, buzz the president is clearly above the law at least according to the majority decision. >> i want to ask one more question. this is how i read it. you tell me if it's wrong because you guys are legal minds

and i am just playing one on television. i read it as you can use -- they are reading the constitution as saying it implies immunity to a president so much so so broadly, that even his motivations can't be questioned if he was trying to violate the constitution, so it was circular. is that an incorrect reading of it? >> i don't think so. there are a lot of things about the decision that are simply illogical, to point out and pick up on katharine's point about amy coney barrett and her concurrence in part. she said it's lost on her why the fake elector scheme could be official, that the president has no role whatsoever in the administration of federal elections. to her there's no analysis that needs to be done. squarely the fake elector scheme in its totality is private conduct but that's not how the majority sees it. >> are they saying the

constitution protects the president -- allowed the president to violate the constitution? >> well, put that way, yes, basically, he has absolute immunity for the core constitutional function. >> i am president and i can do what i want even if i am trying to violate the constitution which is what donald trump was accused of doing in 2020. >> it's not that legal if you go back that far. >> that's hard to square. vaughn, from your reporting the conversations with donald trump and his campaign, the people surrounding him, what would he want to do with authority like this? >> number one, donald trump has said over the last year that he would want to investigate jack smith. he has said that in a social media post that liz cheney, there should be a military tribunal, and i keep coming back to this and this is obnoxious -- >> this is his words. >> he reposted and i think we

can zoom in on this. he posted -- yesterday morning, these images, and this individual wrote they should be going to jail on monday, not steve bannon. those individuals include mitch mcconnell, nancy pelosi, liz cheney -- those are the words of donald trump. you have to take him seriously. he would have four years in office, and on its face with the supreme court ruling we have no choice but as reporters to take the words of him seriously and report that. >> it's not just a presumption of immunity when it comes to investigations and prosecutions. the majority decision says squarely that investigation and prosecution are squarely within the authority of the executive branch and count as core constitutional -- that places this squarely in the heartland of absolute immunity as opposed to the presumption of immunity applied --

>> justice roberts calls -- it's not the word he used but he implied this sort of reasonable is hysterical. >> the president of the united states appoints the 93 attorneys throughout the country, and they have a lot of power. who do they work for? the department of justice and attorney general. this decision said the united states president can weaponize the justice department. new reporting on how president biden's campaign is trying to reassure donors he's up to the task of a second term. we have a recording between top officials and donors. a number of migrants arrested at the southern border is at the lowest since president biden took office. we will talk to energy

secretary, jennifer granholm about the effort to lower gas prices just in time for the fourth of july holiday and all the travel around it. we are back in 90 seconds. ♪♪ ♪ pepto bismol. ♪ pick your pepto.

welcome back. on the heels of the supreme court's decision to grant broad immunity to presidents, some say allowing a donald trump term would be even more dangerous,

adding anxiety to an already anxious campaign. last night in a zoom with top toners, biden tried to convince them to stick around saying the debate was a one off. here's a portion of the call obtained by nbc news through a participant. >> everybody needs to breathe through their nose for a moment and take a deep breath, as janice said and quinton and others, this is just one debate, okay? we have a president who, his performance in the debate was not what we all wanted or expected, but his performance as president has been nothing short of amazing. the american people are not going to forget about that. everybody thinks it's really easy to just, you know, listen to what the media is saying and all the naysayers, and biden

decides he will not run and we can create a whole new scenario with somebody else we get behind. i have been around this for over 30 years, and i am telling you that's so far from the truth. joe biden was dually won the nomination through a primary process where the people chose him, the people of the democratic party, and in some cases, independents, they chose them. >> that was a donor who was on the call told me they were not convinced by all that, and if biden stays in the race they would move their money to outside groups, because as they said, it's getting harder to trust the campaign's judgment. joining us, a political correspondent at the hill, and a former adviser to george bush

and mccain. the call was extraordinary to listen to. they are clearly trying to urge donors to stay put and trying aggressively to claim that the debate was a one off. at one point one said he is healthier than most of us. >> the donors i spoke to felt the same way, katie, and i don't think that call helped and if anything donors came out of the call a little more concerned. they know what is at stake here. one said we have poured our hearts and souls into this campaign and this is not where we want to be right now. this is not just one debate. you can't compare on what happened to thursday night to 2012 and barack obama's performance. it's a very different thing and the worry continues to be real. i think they are waiting for the next round of polls to come in.

if the polls show that donald trump is widening his lead, i think the consternation will continue to grow. >> they tried to message, mark, that one of the aides talked about how the media narrative around joe biden's performance in the debate and his health has been overblown. the donor i spoke with called that trumpian. the situation, according to democrats, is pretty fraught. these are donors that want joe biden to win and want a democrat to win and are very much against donald trump, but there's a feeling amongst a lot of people he's no longer the best candidate and there's a lot of worry about what an open convention would do to the party

and election? >> it's clear to anybody if joe biden runs he will lose. the other scenarios are messy and fraught with complications, but it would be exciting and dramatic. listen, the people that are criticizing the debate performance and the staff around joe biden are not joe biden's enemies or opponents, they are his supporters. these are people who are really worried about the election. part of the problem that i see is with the decision yesterday, lot of biden core supporters around him are saying we just have to elevate the threat and make it clear how great the threat is. people know the threat, and that's why they are worried about biden is because they don't think biden can beat trump. people tuned in to see, does he look 80? he looked 90. now it was not a one-off. we are now learning the staff has been hiding from us and shielding the president because of their concerns about his

stamina and vitality. >> given those allegations, is the campaign going to start putting him out more? i know he was out yesterday and out on prompter and speaking for five minutes and did not take questions. is the staff going to have him sit down for news interviews, and not just one but multiple and have him come out to the podium for the daily news conferences? so far we have only seen president biden on teleprompter? >> last night was a perfect example of what happened. he came out, spoke to the press for 4 1/2 minutes and then didn't take questions. i talked to strategist right after that said, why? that was a perfect opportunity for him to say, let me take a few questions. let's start this game again. let me prove to you guys that i can do this in realtime. so there are discussions.

i have spoke to a number of people that tell me there are discussions about maybe doing a town hall, more press conferences and trying to open him up a bit. the past few days have not served him well, going to camp david and doing the photo shoot, and coming out yesterday and not taking questions. these are moments hurting him. every day that goes by where he's not doing all of these things, it's hurting him and he needs to pivot quickly is what i am hearing. >> let me push back. how cognizant is the american public when joe biden is on and off prompter? he was much more and in control at a rally, but he has been on a prompter. does the american public know when he's on prompter and off prompter? >> no, but they are fully con

he is being managed. they wanted to have their confidence re-established that joe biden was up to the job, and he didn't do it. he was not up to the job, and he showed he wasn't, and he can't do it without a teleprompter. that's the problem. sunday, the day after the debate, this was classically where bill clinton went on "60 minutes" or you would have a chance to push back. what did they do? a "vanity fair" photo shoot with annie leibovitz. not good. >> i was talking to the senior adviser to donald trump, and he said the only person able to make that call within the democratic party is joe biden himself. what they are pressing is joe biden will not make that decision. >> are they more afraid of somebody else? how are they feeling about the potential for somebody else? >> i think it's a question of

who is that other person. they pushed the idea that any democratic that were to replace joe biden is lower than joe biden in the polls in a head-to-head matchup and that's the idea of the polling they are pushing. for donald trump, he has an opponent now who he has repeatedly over the last year suggested that he's being controlled by the barack obamas and democratic party, and not himself. so if joe biden wants to, and the campaign wants to move on from the narrative, there's one person not going to let him do that and it's donald trump. he's eager to continue to make that message over the next few days. >> your phone started ringing, and i wondered if it was a source, but it said potential spam. so we don't have to worry about that. do they think joe biden -- do they believe that joe biden is beatable? the biden team says they are the only ones that can beat donald trump. do they believe -- you heard mark a moment ago saying joe

biden will lose. how confident is the trump campaign? >> if we go -- and i mean this, and i think they are saying this and i believe them on this front that they are very confident. if they go back to arizona and georgia, and it was 11,000 votes in arizona and 10,000 votes in georgia. >> very close. >> they believe just a little -- a few more independents move over, they believe the base support alone will put them over the top. you can throw eight a gretchen whitmore, or raphael warnock, or the senator from georgia, you could, as democrats, win those states. for the matchup that they have, they feel comfortable and confident about it. >> thank you very much. we have breaking news to bring you. just a moment ago, rudy giuliani

was disbarred. the charges stem from false statements made when he represented donald trump back in 2020 when they were trying to overturn the election. moments ago his attorney responded to the news in a statement saying they are disappointed and weighing their appellant options. coming up next, are biden's new restrictions at the border working? plus, the true crime case going viral on social media. it's causing commotion outside the courthouse as well. what is next now that the judge has declared a mistrial in the karen reed murder case.

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this morning we have new data from the southern border. a department of homeland security official said monthly migrant crossings number is lowest since biden took office. this is the fourth consecutive month of declines. it's also a 16% drop from june of last year. joining us now, nbc news

homeland security correspondent, julia ainsley. my question would have been isn't this the slower time of the year when it gets so hot when it becomes physically dangerous in a heat way to make this journey, but when you are looking at the numbers this year to last year, this does suggest something regarding biden's moves at the border is working? >> yeah, and i also have to point out, yes, they do start to slowdown because of the heat. last june was significantly lower than may because of a new policy that just went into place at the border, when title 42 ended and the new asylum policies went into effect. we saw a steep decline then. it's fallen even further, and it's the lowest since the month biden took office. we will hear a lot of victory laps and a lot of people in the biden administration saying this is because even without congress

the biden administration was able to put in place new policies to raise the bar for those crossing the boarder illegally, and those not making appointments through the app, and they think this is working. i will say, however, there are other factors. you point out the heat and there has been a lot of rain in the gap from columbia colombia. and mexico has been tripling the enter ducktions, and also things like fentanyl and arms trafficking, all that is contributing to the lower number. we also have to see as perhaps the weather cools down, if the numbers come back up.

it's too early to see whether or not this policy is 100% effective. >> thank you so much. coming up next, aaa predicts a record-breaking stretch of holiday travel through the weekend. we will tell you when the worst time is to drive. this is advice i actually need. coming up, energy secretary, jennifer granholm, joins us with what the administration is doing to cut gas costs just in time for this busy weekend on the roads. upset stomach iberogast indigestion iberogast bloating iberogast thanks to a unique combination of herbs, iberogast helps relieve six digestive symptoms to help you feel better. six digestive symptoms. the power of nature. iberogast. [birds chirping] for nourished, lightweight hair, the right ingredients make all the difference. ♪♪ herbal essences sulfate free is now packed with

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this week nearly 71 million people are expected to travel in what could be the busiest fourth of july travel season on record. aaa projects an all-time high of 6 million people will fly to their july fourth destination, and more than 16 million people will go by car as average gas prices are four cents lower than this time last year, but still $1.40 higher. it's going to be a record-breaking week in terms of traffic, unfortunately. i-90 and highways across the country like the one behind me will be completely filled. let's give you the good news. the gas prices you just laid out there, they have been dropping

over the past couple of months and they are a few cents lower than last year but we could see them drop a little more in the next few days because of the white house's announcement that they released more of the oil reserves, 40-ish million gallons of gas, and hopefully that will help drop the prices largely in the northeast region. that's great that you are not spending as much money at the tank, but you will probably be spending more time on the road. i spoke to a traveler about his plans to avoid traffic, and he was jokingly suggesting he would drive on the shoulders. i can't suggest that. the worst times of travel today would be between 2:00 p.m. to 6:00 p.m., so wait until 7:00 to get on the road or tomorrow morning, anytime before 10:00 a.m. on thursday is great. you want to make sure you are

leaving in the early morning, and if you can, wait to come back on monday and avoid the sunday traffic, that's the way to go. >> tomorrow is it. thank you very much, before 10:00 a.m. joining us for more on this, the secretary of energy, jennifer granholm. talk to me about gas prices? >> first of all, please know the president in particular from scranton is very focused on reducing costs for everyday citizens, and one of the biggest reasons why inflation has been high has been because of energy costs, and he's focused on ways to bring that down. we're announcing the 42 million gallons of release from the northeast gasoline reserve. if you remember, and, of course, the timing of this is key, and the reporting of this, it's going to be record, which is good. we want to get out and about. you remember that from the war in ukraine, you know the gas prices were close to $5 a

gallon, but they have come down $1.50 since then, and that's because the president is making sure we have good supply on the market. oil is traded on the global market, but we are the largest producer of oil in the world. we want to make sure we are doing what we can to keep prices down for people so prices are down 20 cents from two months ago, and 30% from the june '22 peak. we have folks who do the analysis of this all the time, and our energy information administration is predicting the prices will remain about $3.49 on average in the third quarter of 2024. that's good news. although, let me say, the president is also looking to bring down costs for people if they want to transition to electric vehicles as well, and that's great news because you can get $7,500 off the purchase of a new electric vehicle made

in the united states if you buy an ev. >> $1.50 down since june of '22. that's the average we have been able to calculate here. i want to ask you about the president and his cognitive ability. what i have heard from folks, voters i have spoke to, and lawmakers that want to speak privately is they are worried that another four years would be too much for the president, that he wouldn't be able to -- he doesn't have the cognitive ability to last -- to be as sharp for that much longer. what has your experience been with him? >> you know, as a cabinet member, my experience has been so counter to the debate performance, but also to what people -- peoples' greatest fears are. when you go into a meeting with the president where he will make a decision, and the sides of the issue are presented, and he's the one to ask the hardest

questions. he's done his homework. because of his time in washington and in office, he has a huge amount of wisdom, and he asks questions where those of us who go to brief him, we say, shoot, why didn't i think of that? he's totally on his game. it's frustrating to hear all these other assessments by people who don't know him or have not worked with him, so i am very confident that go into a second term he will be -- he will remain sharp and be on his game. don't judge -- i just feel like people shouldn't judge -- >> well, we have heard from people like you and those close to him that behind closed doors he's show sharp and asking the toughest questions. why don't we see that in public? >> i can't speak to that. i don't know why. sometimes it's just harder to do that. i can tell you as somebody who was formerly elected and debated, i hated debates with a

passion because they were so not indicative of the skills that you need to be able to govern. you know, he -- as he said, he's not as good as he used to be. he never liked debates, i don't think. i have prepared him for debates in the past in previous campaigns, but not this one, but it's just -- it's a different skill set. it's just a different skill set. few -- you know, i hope there's an opportunity for him to do more interviews, one-on-one with media. i think people who do those interviews, they come away going, yeah, he's totally there. i got no worries about this man. >> i hope so too. i personally would love to sit down for an interview with him if he's watching. >> no doubt. >> secretary granholm, thank you very much. appreciate it. several supreme court decisions flew under the radar this term, and we will tell you which one has consequences. and then the mistrial, and

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what we saw is the defense went on offense, creating enough doubt to divide the jury. this morning, karen reed and her attorneys defiant. >> no matter how long it takes, we will not stop fighting. >> reporter: a murder trial that sparked a social media debate online, ended in a hung jury. >> i'm declaring a mistrial. >> reporter: jurors made up of six men and six women deadlocked, unable to decide whether she killed her boyfriend. he was found dead in the snow outside a fellow police officer's home in the early morning hours of january 29, 2022. after a night of drinking. the judge reading this note from the jurors who said, they were starkly divided.

>> some members of the jury firmly believe that the evidence surpasses the burden of proof. conversely, others find the evidence fails to meet the standard. >> reporter: karen reed embraced her family, marking the conclusion of a complex trial that included hundreds of exhibits and 74 witnesses. including the lead investigator and massachusetts state trooper michael proctor who admitted to sending offensive texts about reed during the investigation. >> the rest of the comments are something i'm not proud of. >> reporter: he has been relieved of duty. a high profile trial generating huge attention online, with crime bloggers coming up with their own conspiracy theories, feeding the narrative created by the defense that she was being framed for murder by police. >> ladies and gentlemen, there was a coverup in this case, plain and simple.

>> reporter: allegations the prosecution has always denied. arguing, she backed her suv into o'keefe letting him to die. >> i hit him, i hit him, i hit him. those are the words of the defendant. >> the prosecution is not backing down. they say they are going to retry the case. the next courthour -- hearing is july 22nd. >> thank you very much. the trump immunity ruling got most of the attention. the supreme court handed down several consequential decisions this term. we will talk about their long-term impact with a veteran journalist whose covered the supreme court for years. are in. with e*trade from morgan stanley, we're ready for whatever gets served up. dude, you gotta work on your trash talk. i'd rather work on saving for retirement. or college, since you like to get schooled.

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there was a lot of attention on a few supreme court cases like abortion and immunity this season. the high court issued decisions that could have a huge impact on health, safety and other american life. the justices opened the door to broad new challenges to federal rules and regulations, made it harder for agencies to issue them, and stripped the securities and exchange commission of a major tool in fighting securities fraud, giving more power to the courts. joining us is a senior legal affairs reporter.

walk us through what you think is the most significant case other than abortion or immunity. >> well, you know, as you alluded to, trump has a tendency to suck the oxygen out of the room. when you we have a trump criminal immunity case it will attract a lot of attention. in another term, i think there would have been considerable attention paid to the efforts the court has been making, the conservatives on the court, basically in lockstep on these cases to dismantle what critics refer to as the administrative state. sometimes they call it faceless federal bureaucrats. it's this sense that legal conservatives have that people at federal agencies have too much power, particularly over the business sector. we had a trio of cases you just laid out, including one that knocked out chevron deference under which agencies get most of the say in what laws apply to

them and judges take a back seat. the court said after 20 years of debating this 40-year-old principle that that's the wrong balance. judges should always be the ones deciding how laws are interpreted by federal agencies. that's a pretty major goal conservatives managed to achieve this term. it shouldn't be overlooked. >> what about public health and safety regulations? for a long time, it was one state couldn't pollute another state. there were regulations barring that. no longer. >> right. a lot of these issues about federal regulations do have health and safety worker rights and worker safety implications. these are federal agencies that are often trying to adapt old laws that congress might have passed to cover railroads or the environment 100 years ago or 50 years ago.

[ no aud wroe ] they are forced to sort of come up with adaptations, particularly of the gridlock in congress. what the court has done hamstrings those agencies' ability to take those steps and makes it, i think, probably easier for businesses to operate without regard to those sorts of health and safety concerns. >> lots of deference given to the executive and big money. thank you so much. that's going to wrap up this hour. don't you worry, i will be right back here at 3:00 p.m. eastern. coming up next, andrea mitchell is going to talk to house speaker emeritus nancy pelosi and anthony