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call aag, the country's #1 reverse mortgage lender, and get your free info kit. call this number it is good to be back with you on this second hour of chris jansing reports. one day later and we're already seeing the ripple effects of the supreme court's historic immunity decision. the new moves trump is making around his hush money case and what it means for sentencing him on 34 felony counts. and we've never seen anything quite like it in the skies. at least 30 people injured. a passenger thrown into an overhead bin after severe

turbulence hits a flight off the coast of brazil. the category 5 hurricane now barrelling through the caribbean. the devastating scenes left behind and whether the u.s. is in its path. and big news in the fight against alzheimer's disease. our nbc news reporters are following the latest. we start with donald trump trying to put his hush money sentencing on hold after the supreme court's immunity decision. lisa rubin joins me now. so where do things stand now? >> former president trump is set for july 11th based on the letter his lawyer sent to judge merchan of new york's criminal court, essentially to put that on hold. why? because they say the conviction was obtained by the official acts evidence. in other words, evidence of things he did while president

that were part of his official duties. that includes tweets he issued with respect to michael cohen. a financial disclosure form. they are now asking judge merchan to set aside the verdict on that basis. the manhattan d.a.'s office says they don't oppose the time necessary to brief that issue. they'll submit their brief, they agree, on july 24th. we're now just waiting to hear from the judge as to whether the sentencing will be postponed. >> thank you. now to some terrifying moments an an air europa flight. tom, this is insane. what happened here? >> yeah. pretty dramatic. that was a boeing 787, 385 on board. it hit severe turbulence over

the atlantic ocean. so severe, passengers were thrown into the ceiling. one passenger thrown up and into an overhead bin. at least 30 injured. witnesses say several people suffered broken bones and head injuries. reportedly also even a broken neck. the plane took a significant nose dive. at least one passenger seat twisted and broken in half. photos of the aftermath are very dramatic. entire panels and portions of the cabin broken apart. one seat completely twisted and broken. bloodstains on the seat. the airline says pilots diverted the plane to netal where 15 ambulances were standing by. injured passengers were treated and another plane came to get the passengers on to their final destination in uruguay. in may, we had the singapore airlines flight that made an emergency landing in bangkok after hitting severe turbulence. dozens injured. one man died of a cardiac event.

so this is a great concern when you have this kind of unstable air that creates this kind of turbulence that is so dangerous. >> thank you. now to the caribbean where a category 5 hurricane is leaving widespread destruction in its wake. this storm expected to bring life threatening winds and storm surge to jamaica next. what have we seen so far and is the u.s. at risk? >> chris, we saw a lot of disruption already in the southeast part of the caribbean. granada and st. vincent reporting a lot of this damage. we already have a count of six people that have died as a result of this storm. just minutes ago, the government of venezuela confirmed they have two deaths as a result of this storm. three others in granada and the others in st. vincent and st. vincent in the grenadine. as of now, total number of six

people that have died. it's four people that have died in granada, that is. so these are the images we're getting from those islands. the storm path yesterday. we know the storm is making its way to jamaica. the forecast indicates they would be feeling the effects beginning tomorrow morning and throughout the day. all preparations are being made in jamaica as they have the final hours before the hurricane hits the island. after jamaica, it shows it hitting the yucatan peninsula. it is in a path full of tourist destinations. cancun, talume. after that, it shows it going into the path of gulf of mexico where two weeks ago, they had the tropical storm alberto that also caused effects in texas. if the storm were to move just a little north, then we would feel

the impacts in that part of the texas coastal bend and maybe even in louisiana. we still have a few days for the storm to get there to see what may happen, but authorities in that part of texas in the southeast will be paying close attention to what happens with the storm. again, the next place where it is expected to make landfall would be jamaica tomorrow, chris. >> guad, thank you. we have breaking news now. the fda just approving eli lilly's historic new alzheimer's drug. berkeley lovelace is here. what more can you tell us? >> this is pretty exciting. the drug is called kesimla and has been shown in trials to show the decline in people with the disease. so this is really important. this is the second drug of its kind available in the u.s. and there are about 6.7 people with alzheimer's disease. it's important to note that this does come with serious side effects such as brain swelling and bleeding. most of the side effects in the trial were mild but the drug has

been linked to three deaths. it's also important to note we also don't know the cost. it's expected to cost thousands a year, but medicare is expected to cover the drug, which is important because many people with the disease also qualify for medicare and are 65 and up. >> thank you for that. in just about 90 seconds, new nbc reporting about biden's outreach after his debate performance. i'll speak to a democratic senator who says he was horrified by what he saw on stage. horrified by what he saw stage. i have moderate to severe crohn's disease. now, there's skyrizi. ♪ things are looking up ♪ ♪ i've got symptom relief ♪ ♪ control of my crohn's means everything to me ♪ (♪♪) ♪ control is everything to me ♪ feel significant symptom relief at 4 weeks with skyrizi, including less abdominal pain and fewer bowel movements. skyrizi is the first il-23 inhibitor that can deliver remission and visibly improve damage of the intestinal lining.

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breaking news. we're now learning that hunter biden is attending some of the president's meetings at the white house, staying close to his father post debate. monica alba is reporting from washington, d.c. what more can you tell us, monica? >> these are new details coming into our team, chris, along with my colleagues, kristen welker, mike memoli and sarah fitzpatrick. we have learned from sources familiar with the situation at the white house that hunter biden has been by his father's side ever since they were at camp david this weekend as a family where they had some discussions about the president's potential path forward here. and his re-election campaign. and that since he returned from camp david last evening with his father, we understand that hunter biden has even joined some meetings and conversations that have taken place between

the president and some of his most senior advisers and senior staff. while we should note that it's not unusual for hunter biden to be at the white house to be in the residence, to be attending certain white house events which we have certainly seen time and time again over the last three and a half years where we have seen photos of him and where he has appeared in public, it is unusual according to the people we spoke with for him to be participating at this level and to have the sort of regularity of some of these contacts and conversations with senior staff. we understand again, since returning yesterday from camp david where they were more huddled as a family to now as the president has resumed some of his more traditional meetings at the white house with those key advisers. and we are getting a comment from a white house spokesman who tells us indeed that hunter biden did accompany his father when they returned yesterday from camp david to the white

house and andrew bates says that hunter biden went with his father into a prep session for the speech the president gave last night on the supreme court's decision on presidential immunity. so we know at least in that instance, the white house is confirming that hunter biden was a part of those discussions and preparations and we know that this morning, there was some time where the president was at the white house conducting his regular business before he departed for the emergency briefing we saw later. we should remind everybody here, chris, that while this has taken place, while we have seen in the days since the debate that the president has done what he has done for years, which is to turn to his family and of course, to his immediate family members that he is closest to such as his son, hunter biden. such as first lady, jill biden. this is a real reflection of that. as we have reported, both hunter and the first lady are

encouraging the president to stay in this race. to keep up this fight. as of now. but we also know the context that if there were to be a shift in course here, if something were to change, likely the president's own family would be really key and very influential in any potential decision making there. >> monica alba, thank you. in the aftermath of his widely panned debate performance, president biden has been working overtime to reassure anxious donors and nbc news has learned though he hasn't even reached out to top democrats in congress about his widely panned debate performance. here's what nancy pelosi told my colleague, andrea mitchell, earlier today. >> i haven't spoken to him since the debate, but i have spoken to him regularly and every time he has been on the top of his game in terms of knowing the issues and what is at stake. i think it's a legitimate question to say is this an episode or is this a condition.

and so when people ask that question, it's legitimate. of both candidates. >> five sources also tell nbc news the president has not personally reached out to senate majority leader, chuck schumer, jeffries or other hill leaders although his chief of staff has been making calls. today, congressman lloyd doggett of texas became the first congressional democrat to publicly call on biden to withdraw from the race. joining us now is democratic senator of rhode island, sheldon whitehouse. good to see you, senator. as i said, you have raised serious questions about the debate performance by president biden. congressman doggett has called for him to drop out of the race. just a short time ago, former obama cabinet member castro said it's time for him to get out of the race. he suggested perhaps kamala harris could step in. can joe biden save his campaign? >> yeah, i think so.

he's been an outstanding president. and yet one bad debate with a couple of bad blips in the debate. beside those bad blips by biden was just an avalanche of lies and thuggery by trump. so you put the two side by side and prefer joe biden all day long. but it was shocking to see this because those of us who know him have never seen him that way before. i think as speaker pelosi just said, it's appropriate to know, hey, was this a bad episode or is this now a condition? i think the discussions that are happening within the family and within his close advisories are exactly the right thing. and at some point, it needs to bring in the leadership in congress and then we need to make a plan going forward to win this election and keep donald trump out of the oval office.

>> realistically, senator, you know how this works. how quickly does that have to happen? because if there was to be someone else running for president on the democratic side, if it were kamala harris, she would take over the campaign funds. it's not that if it's anyone else. and there is only four months until the election. is there a clock ticking for joe biden? >> well, i think the convention is an obvious tipping point. and i think they're working this pretty steadily. i don't think there's anything immediate that needs to be done today, tomorrow. i think they've got through the fourth of july weekend to, you know, reflect and decide what to do going forward. and there actually is a scenario where this was just an episode and where this gives the campaign a chance for self-reflection and that they come out of it actually stronger, with a sharper message, and with a little bit more fight in them to convince

the american people that president biden is the person who can see us safely through the next four years and not this criminal character, donald trump. >> bloomberg is reporting that the dnc is considering formally nominating joe biden as early as mid july to squash any talk of replacing him on the ticket. would you support that? is that the way to operate when polls show so many voters, democratic voters, have reservations about joe biden? >> i don't know. i don't have a view on that. let's wait and see what the dnc chooses to do and how it plays out. i think the important thing here is that at the end of the day, democrats are unified behind a candidate who can defeat donald trump and do the things that the american public has been waiting for, thirsting for, but the republicans have been blockading. so not only when the presidency, but also poll the senate and win back the house. that's the goal. everything that tends to that we

should support. >> we did see president biden yesterday following the supreme court's immunity decision. attacking the court for setting a dangerous precedent. >> i know i will respect the limits of presidential powers i have for three and a half years, but any president including donald trump will now be free to ignore the law. i concur with justice sotomayor's dissent today. she said in every use of power, the president is now a king above law. with fear for our democracy, i dissent, end of quote. so should the american people dissent. >> the house minority leader has already said democrats will engage in aggressive oversight of the court. although that's not expected to get far with republicans in charge, but on the senate side, can anything be done or do you think there's something that needs to be done?

>> we have been working steadily in the senate. we've made a lot of progress on a number of fronts. legislative, investigative, just in terms of the court recognizing its problems and working through the judicial conference. we're going to continue to make that progress. unfortunately, republicans have telegraphed to everybody that nobody should honor our subpoenas because they won't allow them to be enforced but if the voters put the house in democratic hands, republican senators can't filibuster a house subpoena and i think if that happens, then the investigations will continue. we'll get to the bottom of what the heck has been going on over there and i think that will be very helpful for the american people to understand. >> alexandria cortez says she plans to file articles of impeachment against the justices. she didn't specify who or when. how realistic is that? >> under a house controlled by the republican speaker, not

very. but i, i think it's important for people to be sending signals that this court is out of control. this is not a normal court. this is not the way it ought to behave. when you look at the back story of how these justices got appointed, about the scheme that's by right wing billionaires, to use the federalist society as a scheme for their court packing activities. then you look at the track record of the court doing what the billionaires tell them to do, there's a very important story for us to tell much better and we'll tell it better once we know what the real facts are. >> thank you so much. we appreciate you taking the time. >> thank you. coming up, the witness who defended senator bob menendez over all that cash. her explanation, quote, it's a cuban thing. we'll explain, next. cuban thing. we'll explain, nex t.

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quote, it's a cuban thing. that's what the sister of bob menendez testified to explain why he had thousands of dollars of cash in his home. his sister, the first witness called in the defense of his bribery trial, also told the jury about the family's journey from cuba and how their dad always told them to not trust

the banks. it's part of the defense strategy to combat allegations that he accepted gold bars and hundreds of thousands of dollars in bars that he stored in boots, jackets, bags, and boxes all over his house. joining me now, former u.s. attorney in michigan, law professor at the university of michigan and msnbc legal analyst, barbara mcquaid. always good to see you, barbara. let's start with this, it's a cuban thing defense. how much weight do you think that might hold with the jury as an explanation for why there was all that cash lying around? >> well, i imagine in closing argument with the prosecution will say is that very well may be true. perhaps it is part of the family's culture based on their history and people like a lot of cash on hand, but i think what they'll do is point to the rest of the evidence to suggest that this wasn't just somebody keeping a little bit of extra petty cash on hand. close to $500,000. so it's an awful lot of money for one thing. i think the other thing they will do is explore legitimate

sources of income and suggest that $500,000 in cash exceeds the legitimate sources of income that a u.s. senator would have. i think also in light of all of the evidence we've seen in the case here, the fact that someone has $500,000 in their home is very different from you know, 100, 200, that may very well be true it is part of this family's culture. >> yeah. gold bars with serial numbers that trace back to a new jersey business man, right, and stacks of $10,000. so there's that. but how much of this case, which is very, at times, sensational, how much is a numbers game? is follow the money on paper? that's where you really find out where stuff is? >> yeah. i think you know, this case is not entirely a paper case. there are witnesses. there are cooperatives. but some of the things in this case will build that paper trail that's very difficult to refute. especially some of the things

found in the search. some of the text messages talking about the car that was received as an alleged bribe. the messages between senator menendez and his wife. those things can be very difficult to refute. and so you know, this money reminds me of a common theme, which is you know, a brick is not a wall. which is what a supervisor once told me. the defense will also often want to point to one little thing in the narrative and say see, we've given you an innocent explanation for that thing. therefore, the client's not guilty. therefore, what the prosecutor will say this is just one brick in the wall. the others, the messages, the testimony, the bank records. if you put all those pieces together, it's a wall that is a pretty strong terms of evidence. >> as you know much better than i, defendants rarely testify and you usually have to be in dramatically bad straits to testify that that may be the only thing that can save your case, right?

yesterday, his defense attorneys says they are still considering whether he will testify. do you think it might help or hurt the defense to have menendez take the stand? what are the considerations that go into this? >> typically, this is a decision that would be made after all the other proofs have come in. that's when the defendants and his lawyers have assessed. the most common defense, the prosecution has failed to make its case. but if there is concern the prosecution has made their case, then it may become important if not essential for the defendants to get up there and offer a different explanation. some of the things that come into play if the defendant testifies, number one is cross-examination and having a good answer for the incriminating evidence, but more importantly for the senator is the issue of prior convictions. we know the senator has been charged before with public corruption crimes and so those potentially come into play if he

has to testify in this case. >> barbara, always good to see you. thank you. prosecutors vowing to retry a massachusetts murder case that has riveted conspiracy theorists and true crime enthusiasts. karen reed was accused of killing her police officer boyd but the jury deadlocked amid allegations that not only was she framed, but the police botched the investigation. erin mcloughlin reports. >> karen read and her attorneys, defiant. >> no matter how long it takes, we will not stop fighting. >> reporter: after a murder trial that sparked social media and droves of reporters outside the white house enlded in a hung jury. a panel of jurors made up of six men and six women left deadlocked on monday, unable to decide whether read killed her

boyfriend, boston police officer john o'keefe. he was found dead in the snow outside a fellow police officer's home on january 29th, 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 this standard. >> reporter: in court, o'keefe's mother was visibly upsite. marking the conclusion of a complex trial that included hundreds of exhibits and 74 witnesses including state trooper, michael proctor, who admitted to sending offensive and sexist texts about read during the investigation. >> the unprofessional comments are something i'm not proud of of. >> reporter: police announcing

overnight proctor has been relieved of duty. crime bloggers coming up with their own theories feeding the narrative created by the defense that read was being framed for murder by police. >> ladies and gentlemen, there was a cover up in this case. plain and simple. >> reporter: allegations the prosecution has always denied, arguing read banged her suv into o'keefe, leaving him to die. >> i hit him, i hit him, i hit him. the words of the defendant. still ahead, did a difficult debate move the needle when it comes to joe biden's poll numbers? steve kornacki is standing by to break down some new numbers. s so break down some new numbers.

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it's been a big question since the debate. was joe biden's performance bad enough to hurt him in any significant way with voters? well, we've got some new polling with nbc's steve kornacki standing by at the big board to break it down. what are you seeing, steve? >> three polls now in the last 24 hours. all conducted entirely after the debate. so the numbers are coming in now when it come to that question everybody's had. first up, here's is cnn poll. came out just this afternoon. trump leading nationally 49 to 43%. six points over joe biden. a couple of things to say about this poll. the first is the last time that

cnn polled this race was a few months ago, back in april. the results showed the same number. so from that standpoint, you don't see obviously a change in cnn's numbers from before, but a six-point trump lead in any poll is about as big a lead as you're going to see for trump in any poll out there right now or in any poll that's been out there. in april when that 49-43 number came out, a lot of folks said because it was so different from other polls, must be an outlier. once in a while, you'll just have one that's a few points out of whack. when that happens, you sort of expect it will be corrected in the next one. for this to now be replicated, the same finding of six points twice in the poll, and especially after the fact that this six-point lead comes after that debate performance and certainly all the criticism and questions around biden that followed it suggest maybe

there's something more than an outlier here. that is especially true because cnn also polled trump against kamala harris. what if she replaced joe biden. 49-43 is the margin for trump against biden. 47-45 against harris. in fact, cnn polled four different democrats against trump besides joe biden. biden's number, a six-point gap, is the worst of any of those four candidates. that's the cnn poll. take a look this morning. we've got "usa today" in suffolk. they measured robert f. kennedy jr. and other third party candidates which explains why the numbers for trump and biden are low. they have trump ahead by three points. 41-38. they also polled this race prior to the debate more recently than april. tie race. a net shift of three points in this poll since may in trump's

direction. again, conducted entirely after the debate. there is also a state poll we've got from new hampshire. again all conducted after the debate and take a look at this. they've got trump ahead 44-42% in new hampshire. now, a couple of things to say about this one. first of all, remember in 2020 in the election joe biden won new hampshire by 7.5 points. wasn't really close. so you compare this finding to that. there's also not been a ton of polling of the trump-biden race in new hampshire this year, but since december, there have been four other polls in new hampshire. biden has led all four by a margin ranging from three points on the low end to ten points on the high-end. all of those before the debate. this the 2020 election result and now post debate. this is the one that stands out. trump lost the state by a solid margin in 2020. again, new hampshire's not the kind of state when we've talked

about electoral college scenarios, a lot of folks assume it's going to stay in the democratic column. there's all sorts of electoral college implications if this is in play and if trump could flip it. if the biden campaign were looking for reassuring numbers, these are not definitive. i think none of these individually are reassuring for democrats in the biden campaign. >> steve kornacki, thank you. never before have pollsters or campaigns for that matter had to be nor nimble given the intense pace of news. for example, sources now tell nbc that biden's shaky debate performance has put donald trump's vp announcement on pause. the thinking there, trump's campaign doesn't want to flush out all the bad biden headlines by introducing a running mate. as one republican put it, what's the old adage? never get in the way of your enemy while they're destroying themselves. president biden has been using the supreme court's immunity decision to try to shift

attention away from his debate performance and to donald trump's misdeeds and bad behavior. joining us now, susan, and david jolly of florida is here as well. also an msnbc contributor. based on that new polling, what do you make of a strategy by team biden to say no, don't look over there, thursday, but look over here. monday. as what happened in the supreme court. >> i think joe biden lost ground at the debate but could be losing the race by the way his team is handling it. there's a sense of permanency setting in. the reason the last week has been so bad for the biden campaign is because they're not acknowledging reality. they're framing this as it was a bad debate. it wasn't a bad debate. the american people saw something they don't know what it was. there's not enough information.

a medical episode? age related? what did they see in the sitting president? you heard nancy pelosi use the term, episode today. that's a different language than a bad debate. i think the american people are wrestling with a couple of questions. first, can joe biden be president today. the answer is of course. look at his record. how he's performing, what he's delivered at home and on the world stage. can he be president for the next four years? the most powerful line of the last week from the biden camp came from joe biden himself, said i wouldn't ask you to support me if i knew i couldn't do this for the next four years. trust me, i can do this. those are powerful words. the third question is can he win. and that's what you see the beltway conversation and democrats wrestling with. i think what his team needs to recognize is telling democrats to buckle down and breathe through their nose and not panic and ignore what they just saw is not enough because the biden coalition is not just democrats. it's a lot of soft republicans,

independents, and soft democrats who perform for joe biden. but they're not loyal democrats. and just rallying loyal democrats right now is not enough. >> and we have reporting on the never trumpers. that's another whole aspect of this. susan, the biden campaign again trying to shift the attention to donald trump and what the alternative is put up this new ad. >> the great economy he created, he lied about the pandemic he botched, and then his biggest lie. he lied about how he had nothing to do with the insurrection on january 6th. we all saw it with our own eyes! >> that kind of brings me back to what david was saying. if this is a choice between joe biden and donald trump, a lot of people will look at donald trump and say he was bad for our country. maybe even worse for our country. which is different than saying

that they prefer joe biden as the alternative. >> absolutely. and to david's point, what we saw two months ago was polling saying joe biden was too old. actually, they also said donald trump is too old as well. but what we saw in the debate reenforced america's fears about biden being too old. now they're trying to pivot. i don't blame them. good thing to do. but it's not enough to change the conversation because they haven't come out with enough of an explanation and what they're doing going forward to their base. they don't have to do it necessarily all with the public yet. we haven't seen that. they may be hoping this is a weird week. it's a holiday week. and that they can use the nato visit next week to show him being presidential. i would look for the polls taken that week to see how strong he may be. but what the harris trump poll

told me is that people really want an alternative to donald trump and they're even willing, and i hate to say it, but it's true, even willing to go with the vice president instead of joe biden. >> we were talking before about the reserve, the well of good feeling. particularly in the democratic party, about joe biden. i think that's true of a lot of american voters. they admire how he has been resilient. all the things he's been through. he's dedicated his life to public service. maybe that he stood by his son who was being convicted in a court, right? it's not about that. i guess the question is can you take that well and do some interviews? i'm happy to sit down with him and ask him some tough questions. get him out there and say that was an anomaly. that is not the joe biden that we see. a risk, but does he have to do it? >> the only person that can

reset the narrative about joe biden today is joe biden. it's not his team. it's no talking points. no calls with donors or loyalists or never trumpers or anything. the american people saw their president, our president, forget about party loyalty. forget about all of that. we haven't had a national conversation about an aging president since reagan's second term. that's this moment. and the spin doctors in d.c. are giving us whatever they're going to give. joe biden, i'm telling you, in north carolina, the line that mattered wasn't when you get knocked down, you get back up. sure. that's important. that was great. it was when he said trust me, i can do this job. sit down. have that conversation with a member of the press. maybe do a true press event, but no amount of spin shy of joe biden convincing people he can do this is going to reset this. >> there's a conversation beyond joe biden as you well know because you wrote about it, susan, in the how to win 2024 newsletter, and that is the impact it's having on down ballot races.

will lloyd doggett be only the first of other democratic house members to call for joe biden to step down. they're worried about holding the house. >> as well they should be because i can make an argument whether it's joe biden or anybody else. there's a good chance donald trump can win the presidency. we know that. it's going to be very close. it looks like the republicans are going to flip the senate seat to the map. now let's talk about the house. the republicans have to be stopped. donald trump has to be stopped. with at least one area of government staying on opposite party and what democrats should be really, really scared about is that it's concerned about, and it was lower by -- the

democrats may not flip the house and have a lot of people really, really concerned. >> he said you know, there is still time for the president to turn this around. kind of the convention is the drop dead point where you have to make a decision one way or another. is he right? >> it's now. they've lost four critical days and they're at risk of losing this race permanently. joe biden either convinces the american people he's ready to be president or architects a rally around the flag moment that's unifying for the biden coalition to support someone else. >> susan, david, great to have both of you here, thank you so much. for more from susan, check out msnbc's how to win 2024 newsletter. get news alerts sent right to your inbox. use your phone, scan the qr code you see on your screen. be sure to sign up. coming up, fourth of july for the record books?

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mcquad. i'm looking at the ruling from judge merchan. in total, it's about less than a page. basically, the bottom line is it was supposed to be next thursday, july 11th. now, it's not until september. >> instead of july 11th, it's september 18th. that will take us 48 days before the november general election. number one, this came hours after the decision by the supreme court. and in the decision by the supreme court, it led to donald trump -- >> on presidential immunity. >> on presidential immunity. it led donald trump's attorneys to write a letter to judge merchan yesterday afternoon in which they specifically say under this decision, the official acts evidence should never have been put before the jury. what his attorneys are going to be arguing in this motion is that not that the actual charges brought against donald trump were immune from prosecution, but some of the evidence that was presented before the jury was. because some of that evidence included statements or tweets put out by donald trump that

should have never gone before the jury because they fell under official acts and that is what led, when you look at the supreme court's decision, they write in part that quote, most of a president's public communications are likely to fall comfortably within the outer perimeter of his official responsibilities. that led to the district attorney's office writing judge merchan saying they were fine with postponing the sentencing as long as they were given two weeks to write a response to the rebuttal to the defense attorneys on behalf of donald trump. that is what judge merchan has indicated that he will provide, pushing the sentencing back to 48 days before november's general presidential election. >> on its face, barbara, it's okay, we're moving the sentencing back. but in the bigger picture, what is merchan saying about the impact of the presidential immunity decision on this case

and sentencing? >> i think the fact he has set the sentencing for a date certain suggests he doesn't think there's anything donald trump is going to say that's going to upset the verdict. but i think in good faith, he'll hear what they have to say. if there is any evidence that came in in this case, it seems like it is greatly outweighed by the bulk of the evidence and so i suppose what the trump team will try to do is try to point out all the pieces of evidence that were potentially covered under official acts and then judge merchan will have to make a decision as to whether to set aside the verdict and grant a new trial. i think the fact that he is continuing and setting a sentencing date for september suggests that he faces a delay and not an elimination in sentencing. >> i wonder what the messaging is here, david jolly. you're a lawyer in addition to being a former member of congress. i mean, people are looking at this. they thought this was a done deal. they thought it was settle. it now seems at least for some time, not to be settled.

>> i think for the democracy coalition, you're feeling a get punch. what you're seeing in new york, you'll likely see in the documents case. perhaps worse. perhaps in the jack smith case, you'll see it pared down. that's exactly what this is testing. was there anything in the new york case that involved evidence related to what could be an official act. and what trump's arguing, this very loose argument, he's saying phone calls, communications, even though we're talking about the behavior that occurred. those were about reimbursing michael cohen and writing a check from a trump business account. to barb's point, what the judge is likely saying is this is not going to hold water. >> i have new information that just came into me. there's a second date that's mentioned in this statement by merchan that off calendar is

september 6th. what he has told nbc is that he will drop his decision on the applicability of the immunity ruling to this case and presumably to this sentencing on that date then there will be sentencing september 18th at the earliest. tell me what you make of that. >> well, i think the judge is setting for himself a deadline to decide this motion to set aside the verdict and the fact he is still continuing to set a date for the sentencing says to me he believes it's all systems go. but he's going to run a tight ship. he's going to give the parties a few months to brief the issue then make a decision. so i think we can be reasonably confident that this verdict will be upheld but you know, he'll let the parties brief it and see if they can change his mind. >> barbara left you 30 seconds to finish your thought, david. >> not saying i disagree on any of this. i do think an important piece of this is a predictor for what where he see in the south

florida courtroom and in the jack smith courtroom in d.c. this is a state case so it won't hold any evidence or preference for what happens in federal courts, but we're going to see the two federal cases change significantly as a result of yesterday's scotus ruling. >> barbara, david, and vaughn, thank you all for being here with this breaking news. that is going to do it this hour. make sure to join us every weekday 1:00 to 3:00 p.m. eastern here on msnbc. our coverage continues with katy tur reports right now. >> good to be with you. i'm katy tur. can president biden still pull this off? we've got new polling showing movement away from him and new public wobbles from democratic allies including the first sitting democratic lawmaker to publicly call for president biden to step aside. both come at an increasingly crucial and critical moment. despite