>> hello welcome to special kudlow i'm david asman in for larry kudlow, supreme

court issued their most high profile and historic decision of the year. majority ruling that presidents have immunity from prosecution for official acts note necessarily so for unofficial acts, high court punted this back to a lower court further delaying jack smith case against the former president we'll track about it with gregg jarrett and will scharf in a moment but first lydia hu with details on the landing mark ruling. reporter: we have that ruling this morning, from a divide supreme court. saying that former president trump has limited immunity and special counsel jack smith criminal prosecution of alleged election interference, coming down 6 to 3. chief j justice john

roberts writing for the majority: and saying that immunity applies to all occupants of oval office regardless of politics, policy or party. liberal justices dissented. justice sonia sotomayor writing this for example: reporter: now, the case is remanded to lower federal trial court to determine whether trump's 4 felony counts in election interference case meet the criteria for an official act. requires hearings and briefings that david, they have not happened yet. the high court did not offer trump the protection of full

and absolute immunity, that he wanted, today's decision still considered a victory for trump in the short-term, seems that any trial in this dc case likely delayed until well past election day. >> trump considered it a victory for himself. and a lot of his lawyers,. >> for more we bring in gregg jarrett and will scharf. great to see you. gregg big question will this decision. because it sends it pack to a lower court, delay jack smith a trial until after the election? >> i think it is possible that it will because it goes back to the trial court and tonya chutkan has to hold evidentiary hearings that may involve witnesses and if trump does not get what he wants he will file an peal,

if that is fronted you are talking about -- appeal if that is grant the you could talk litigation that could lead to weekers on months, there are a couple things that people are overlooking this say presumptive protection for president for official acts that shifts burden of proof to a guy like jack smith. and say they'd trial court cannot look into the motives of the president. that is forbidden by the separation of powers, all this you put it together it makes it look harder for jack smith po pursue his case against donald trump. >> will, i think that gregg hit the heart of the issue that is motives that jack smith, he knew he would have trouble if he had to get into it, supreme court said you can't get into it let me read. in dividing official fun ofrom unofficial

conduct, courts may not inquire into the president's motives, that would risk exposing the obvious instances of official conduct on mere allegation of improper purpose. that really takes a quiver out of jack smith a collect of arrows. >> it does. and the court's general ruling that prosecution can't use immune actions or evidence of immune actions even to proven, intend. taken to together strike a fatal blow at heart of jack smith's dc prosecution this savor broad immunity doctrine that when applied to the facts i beli i make this case essentially untriable. we have many mornings ahead

of us -- we have many months ahead of us that could result in appeals, but i think that immediate take away is that this dc prosecution is on life support, it may be in hospice care. >> gregg is saying, that there is still a chance, be careful with regard to jack smith's his determination to get it done before the election is obvious, this is such a political case. you say it is closing to zero chance of a trial before the election? >> yes, in fact when you look at majority opinion authored by chief justice roberts he has strong statements about how the courts have rushed this case at of stage, he disapproves of the fact this case provided on a political timeline not a normal legal timeline, taking every aspect of this opinion together looking at immunity took w -- doctrine that

supreme court created it would be essentially impossible for this case to move to trial before the election day, if it ever getting to trial. i believe it has dealt a near fatal low to dc prosecution. >> we'll talk about that. but gregg, pulling back and looking at why the immunity issue is so important, they talked about that you as a constitutional scholar, we'll read it. enterprising prosecutor, i was thinking of jack smith, in a new administration may assert that a previous president violated abroad statute. without immunity, such types of prosecutions of ex-presidents could quickly become routine. the infeebling of our presidency and government that would result from such a cycle of fractional strive is what the framers intended

to avoid, to when you say? >> well said, all presidents have unique responsibility under t the constitution that demand independences -- regardless of their party may must be protected from bad faith prosecution driven by political am animus. this is conditional protection for efficient actions, not -- effi official acts not private act. the court adopted same standard in nixon vs fitzgerald. the same reasoning applying to criminal cupbility, otherwise it would have a severe chilling affect on presidents. >> and again, look at

overall issue. will, the idea of politicalization or w weaponization of our legal system, lawfares is the catch phrase for that, this -- what we see here, i think it what really scared the supreme court particularly with regard to the intentions of the people who developed our con suing -- constitution, they did not want law fair or li politicalization of our legal system they wanted them separate that is what all these cases not just jack smith case, but all of the cases really tend to do, no? >> i think that is right. and you know justice gorsuch said it best, saying this case is not really about president trump but a case for the ages, what kind of republic does your constitution set out in how is separation of powers going to operate in future. la? today supreme court drew a firm line, under the idea.

the endless cycle of reand prosecution, they slam that door shut. the grant of immunity is broad and keep we need too shut this start of thing down before it destroys the institution of the presidency. >> gregg, not just about the president. former presidential ways said not about me, first me then you. then the fisher case, that was decided friday, mr. fisher a former cop who was there in january 6 he was charged with obstruction in kind of a bank shot legal play that the supreme court knocked down on friday. i am wondering, that is first, this is not just good for mr. fisher but good for a lot of other people charged with that, including

president, two of changes that jack smith had could be affected by that. >> yes. the ruling in fisher on friday essentially guts half of the case that jack smith brought against donald trump. he misused quite typically for him, an obstruction statute that has no application. look at his remaining alleged crimes, fraud. that fraud statute deals with money and property. that has no application. then you are left with just one charge, violation of voting rights, but wait. you are allowed to challenge the electoral count in congress, by law. democrats did it in three preview elections, in betw20117 they tried to remove donald trump in favor of hillary clinton. somehow when democrats do

it, this is okay, but when donald trump does it, that say crime, which is nonsense. >> talking about july 11, sentencing for for donald trump by judge merchan in new york, you look at last week's debate and politicalization of courtroom under judge merchan with that particular case. i am wonder figure one affects the other? do you think that as the judge gets ready to sentence donald trump he may take politics we saw inside of courtroom during the trial to the sentencing as well and try to throw downtown in jail before 4 days before the g.o.p. convention. >> i think that judge merchan is conflicted. he should have been recused. i won't har hazard to predict what he will do, it is worth notes we raise claims of presidential immunity in the new york

case. we believe that the some of the acts that were raised at trial, some of evidence there, do relate to official actions. the jury still out in some respects, i think we'll be continuing to challenge that aspect of new york prosecution it may be a grund that could get u.s. supreme court involved in overturning jury verdict in the new york prosecution. >> gregg, quickly you to, the little b politicalization of our legal system that whether that ul affect the sentencing itself. >> well, it should it won't. let me say, what the dissenters in today's decision don't seem to realize this ruling protects joe biden and future democrat presidents for the same lawfare that biden democrats deployed again

donald trump. >> all right gregg and will thank you so much. >> a new congressional report said michael morell and others were under cia contract when they claim that hunter biden laptop was russian disi disinformation we'll talk about it with senator eric schmitt that is coming up next. chase freedom unlimited. so, if you're off the racking... ...or crab cracking, you're cashbacking. cashback on flapjacks, baby backs, or tacos at the taco shack. nah, i'm working on my six pack. switch to a king suite- or book a silent retreat. silent retreat? hold up - yeeerp? i can't talk right now, i'm at a silent retreat. cashback on everything you buy with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. nexium 24hr prevents heartburn acid for twice as long as pepcid.

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it's like a lot about me. [laughs] a home router should never be a home wrecker. oo this is a good book title. david: house judiciary report revealing that former cia acting director michael morell and several others were under cia contract when they claim that hunter biden's laptop was russian disinformation that in itself was disinformation. joining us now, missouri senator eric schmitt, plate to see you senator. first, i have to ask you about this supreme court decision today, your thoughts? >> it is a victory for the constitution and rule of law. it was you know i think most legal scholars agreed this is where supreme court would lapd or should land making -- land or should land making sure president has this level of independence and immunity for official acts, still see radical view

in justice sotomayor, it may be her last sentence she wrotes as a justice. calling it, unchilling for democracy, what is chilling you have someone like jack smith, everyone knows his mo, the guy they call out of bullpen when you want to go after a political opponent, that is what joe biden did. this is all about election interference and supreme court called him on it. it is a very important decision long-term, i think president biden should be thrilled 'this ruling. -- president obama should be thrilled about this ruling, if you could go after former presidents the lawfare would never end this is a big win for the country. david: something else that is chilling not just what happened with 51 former spoofs coming out with disinformation before the election in 2010 may have affected the results, now a couple of them were still on contract with the cia.

that is at least what is being suspected by members of congress. your thoughts about that, and we'll talk about how we break up this political cabal in intel agency. >> there is a chilling report, another brick in the wall of a really terrifying episode of how folks at highest levels of government tried to interfere and did interfere with 2020 election, they were hell belt making sure that d donald trump did not get reeelectrickedked -- reelected. they said that laptop was dis disinformation, t they were willing to do anything. it is important to remember

in october of 2019, fbi had that laptop, they knew it was real they went to social media companies in 2020 said this is a russian hack and leak operation, the cia we found out did the same. they were willing to go to great lengths to dispel any notion that the laptop was real, we continue is real. it influenced the election, to what degree, we'll never know, the point is that folk like this with this power were willing to lie to affect the election, that is all coming out now, if he didn't have missouri versus biden lawsuit or twitter files or investigative hearings all of this stowf stuff would still be in the dark. >> this happened under president trump's watch, he was the president when is -- this leads to questions about how you depoliticize this cabal that could be working against a sitting

president, john ratcliffe, former director of national intel was on with maria yesterday. >> the two biggest electtion interference campaigns in our country took place in 2016 and 2020, to stop donald trump. and it wasn't by china, it was not by russia. it was not by iran, it was by political actors on the left within our own institution, like the cia, within the intelligence community within the fbi. within the department of justice, and i can tell you, that is mission number one for donald trump when he takes office in january of 2025. david: senator, how does donald trump go about cleaning up this mess if he is elected president? >> i think he has to, one of reasons why i am excited and one of first to endorse president trump this cycle, i think he will

fundamentally dismantle the -- they were willing to do that to stop h him in 2020. now, look, there is nothing they won't do, they are trying to throw their political opponent in jail for the rest of his life. to prevent him from being president again. i think there is a reckoning coming, you have to clean house and make sure that bureaucrats understand the role they are supposed to play in our system. we believe we're a c constitutional republic, this sort of permanent washington believing they are guardians of our democracy is ridiculous, people of sovereign here, they determine who is making decisions on their behalf. in this idea you had this

codre. cabal of bureaucrats that know better than everyone, that is what needs to get disrupted, tables need to get flipped over back to where we are against this is we the people get to decide the important matters, not these folks who play in out size role in people's lives, i think you saw some of that with the you know chevron overturned that say big part. i think what president trump will do when he comes in we're getting back to a place where we can turn the corner and put the people back in charge. david: i have to say thanks to you and a lot of others who pulled back the km curtain and showed us what was really going on. you have to shine the spotlight on it before you can clean it up as roaches are scattering. >> david, one more point. the veil has been lifted. you saw them who have been lying about joe biden's health, they have been

exposed, the same people lied about laptop and covid and political prosecutions. >> senator eric schmitt have a wonderful july 4. >> thank you. david: coming up reagan tax cuts gave u.s. economy a booming shot in the arm and the same thing can happen again if we just make the trump tax cuts permanent. we'll talk about with former when kudlow continues. with empower, we get all of our financial questions answered. so we don't have to worry. empower. what's next. ♪ [suspenseful music] trains. [whoosh] ♪ trains that use the power of dell ai and intel. clearing the way, [rumble] [whoosh] so you arrive exactly

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talking about it. they brush identified the fact that price -- over the fact that prices are up under president biden up 19% for overall prices, grocery prices up about 21%. this matters because the treasury secretary out totouts a booming economy. >> secretary yellen have you been to gr grocery store lately. >> i have, i go every week. >> it's sticker shock isn't it. >> no. >> treasury secretary said no to sticker shock, democratic supporters defending biden's policies. >> let me finish janet yellen's comes, that i wish she finished, i would have said that wages are up 16.5%. reporter: republicans and supporters of former president trump say you have to look at middle class and how they are struggling to

pay for the life style, top to bottom president biden made poor economic decisions. >> i can't tell you what happened in 19th century, but i can tell you last 50 years, there is no one who comes close to joe biden in terms of ruining the finances of this nation. reporter: this cboestimates that debt hield by public in 10 years will be more than 50 trillion dollars. david: edward lawrence thank you so much. >> joining me now famed economic art laffer. key economic advisers to reagan and trump. author of taxes have consequences. art wonderful to see you, let's start with taxes. which is your forte, what president biden said about taxes, he said he doesn't lie but he said a lot of untruths but starts with the

tax untruth. >> largest national debt of any president in 4 year period. number two, that two trillion dollar tax cut benefited the very wealthy, i will fix the tack system -- tax system in a 10 year period we'll be able to wipe out his debt and the things we need to do child care and elder care and strengthen our healthcare system and make every solitaire persoperson, eligible for the -- what i have been able to do with covid excuse me with dealing with everything we have to deal with. look. if, we beat medicare. >> ouch that hurts. that -- i want to st stick with main thing to taxes, the tax -- new tax plan of donald trump imminented in 2017 cost 2

tril trillion. i don't see look at tax revenue we have gained 47% more tax revenue than before. how does that cost anything? >> it doesn't. and let me say if i can. i am three years older than joe bideny would like to correct him on this issue this is important. the tax cuts under donald trump paid for themselves. total federal tax revenues in the 2 year period. were up from the prior two year period, not only were they up over fr prior two year period by up by a larger a amount. tax cuts paid for themselves. the unemployment rates the economy growth, u.s. and europe moving together and once that tax cut took affect in december. in 2017, two separated after two years u.s. gdp was 2.5%

higher than it would have been had it grown at european union rate. all of these, that's are the facts. i hate to say it, i'm not interested in their opinions i am interested in facts, i know they really wish it did not work but it did work, it worked for everyone. david: that is the other thing. the other lie is that we keep hearing as he said, it was just for the very wealthy, i'm put up a 2019 "new york times" headline that says face it, you probably got a tax cut. it is referring to a study done by a liberal orbi organization showed 65% of taxpayers got a tax cut can that is not just the very wealthy. >> no it is not. and you know, when you look at it, david, going forward. reagan did tax cut, 86 tax act, you know we did beginning one in 81. the growth from january

1st 1983 to june 30, 1984, that 12% real growth. that chinese growth rate numbers, that is what it works, i hope donald trump, i really think that donald trump should do 18 month payroll tax cut of 50%. employer and employee for 18 month period then also 100% expensing of capital purchases, jump-start the economy to get people off of the sidelines back on job that tax cut would pay for itself in 10 year calculation, but it would increase output employment and production he needs a fast start, because you know he doesn't have another term to go after this we need to jump-start the economy, i think that donald trump will not only be best first term president from stand point of economics, but i think high could be the best second term president in

economics ever, just keep on going with pro-growth, democratic capitalist tax cuts spending cuts deregulation. sound money he will get it all the way home. that is his revenge. david: art laffer great stuff thank you so much wonderful having you here, have a great 4th of july. >> thank you, david. david: new polls showing voters moving further away from president biden after last week's disastrous debate performance. joining me now mark simone. and alec lace. we'll get to polls in a second. first, stro i have to talk about the lies, with art we were talking about the economic lies, he said now this difference between him and trump he doesn't lie and trump does, that is the worst lie for my, the one he made about no service people dying under his watch at

president. roll it. >> truth s and i am only president this century that doesn't have any this decade doesn 't have any troops dying anywhere in the world like he did. david: none in the world? it was in afghanistan i did debacle, how could he forget these, they are lies. >> remember, iconic image of him staring at his watch, maybe he was too busy checks time. next month i am swimming across hudson r river 1 is n is navy seals. they have not forgotten. >> numbers are in. a lot of people, a lot of dems trying to spin it.

they didn't get far because cbs came out, with overalls 56% saying that trump one 16% say that biden was the winner. i would like to talk to some of those 16%. there is overall numbers, you break it down. in various categories, of character, presented ideas biden did 21% trump 47%. trump is the winner in all of various categories hig. how does biden all out of this. >> as he would say, look, we beat medicare. he is the non. >> i heard clyburn who said i saw nothing wrong. i have a list of lies, trump said hitler did good things, trump never said, that kids in cages, the pictures

proven to be who biden and obama administration. david: how you have people like charlie rangel, congressman in new york for many decades he is 94 years old, elder statesmanship of party say, he did a terrible job. jen psaki, just came out, we can put her xpost up saying, a lot of democratsing trying to fl blame the preppers, she said though this is biden's problem. >> there is no way out, we're dancing around it he is not fit to be president. even when they spin it, they say he is good from 10 to 4. you know. if there is an attack at 4:30 what do we do? he is -- we have all seen a relative or someone in family with this. it never gets better, it gets progressively worse. imagine him in two years. david: and you know, mark mentioned alec, the piece from axios that said, he is

depend abily en ab-- dependably engaged only from 10 to 4. >> remember the enemies of this country watched that debate and so did our allies, everyone is looking. i want a guy who can operate more than 6 hours a day, even if he is a convicted felon. this is ridiculous. shame on jill biden and family biden for allowing this is continue this is horrible from her. david: another new yorker. a moderate democrat, there are a few left, don peebles. he is a businessman. he is heavily involved in politics, he was on our in network saturday. >> my phone was ringing after the debate the other night, many black

entrepreneurs saying, they are done. this is embarrassing that it is unwinnable, his job was to make a case for a second term. >> he couldn't do it. >> no. david: democratic base he has lost it. >> peebles also represents the big donor class, what you lose them that is the final straw, even at the end biden just talked about tax cuts. that was in his close -- tax increases, in his closes statement, monday did this. end with a positive note, everything with biden is the past, there were no future goals. david: what happens how do democrats deal with this. >> they can't use cheap fake theory any more. that is out the window, they have to pull him out, they can't run him, he is not electable. >> who do they put? >> vegas odds saying gavin newsom or michelle obama.

on those two, i think that democratic party is lost donald trump all the way this november. david: owedder to of "wall street journal" said that david think low, if you think of anything during the clinton administration, a lot of people saying right now, how low do you think democrats will go to try to pull this off. >> i -- in state of union he was screaming and yelling, next day in rally filled with energy, whatever they give them, did they not give them, that maybe they didn't give him normal stuff. david: he was not jacked up enough. >> he was half asleep. david: someone wants him out. >> you have to think low to understand that. >> maybe they hit him with a placebo on debate night instead of the juice. david: thank you so much, you have the 4th of july tie on thank you. >> france's right wing party gaining momentum in first round of elections over the

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here's why you should switch fo to duckduckgo on all your devie duckduckgo comes with a built-n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. david: france's national rally party surged to lead

in first round of legislative e elections overs weekend. fox news greg palkot is live in london. reporter: a right wing party in france scoring a big win overs weekend. populous national rally, led by marine la pan coming in first with 33% of the vote. in a high turn out. their nationalist line hitting strong on immigration, crime, cost of living, globalism, resonating with french electorate. in second swea 28% left wing grouping, party of macron coming in third, with 20% of the vote, he called this sn snap election after national election did well in an eu vote last month, this political c gamble might cost him

control of the government. concerned about a parties' divisive and polarizing appeal, run off elections are set for next sunday, many in france seem willing to take a risk on something new. david: greg palkot in europe, thank you very much for that. for more, we pre bring in steve hill t hilton, he knows that region well. i have to quote something in "new york post." here is the first line of their reporting on what happened in france, a right wing party could seize power in france f for the first time since nazis occupied defeated country in world war two ii.

>> outrageous way to frame it we could object to a milder version of it, you hear today, that is it is scription of this party's far right. that may have opinion true in the past -- may have been true in the past when her father founded the parties she has gone to some considerable ledges to change it label populist that greg palkot used that is essence of her party's appeal. in some ways you could look at the platform the policy plot form of her party and say it is to the left. certainly on some economic questions. i don't agree with the way that marine la pen sees is greater off for state in the french economy that sense it is -- you could say it a populous party of the left in many ways. to compare her to nazis is outrageous. david: bottom line is that people are fed up with policies that are not working, it is similar to

what is happening here. and not just in france but all over europe, policies on immigration for example, the same problem that we're having, the massive increase in crime because of the a lot of people that come in unvetted, which certaini exceptions. they are spawned by politicians with left wing agendas, are having terrible trouble. people don't like it. the economies are not working well, you mentioned economic policies i hope la pen does not govern from the left if she becomes leader there are say having same problem we have and voters are revolting. >> yes in a particular category of voter, because, what you see across europe, you see here in america in particular in california where i am, you could see

the imposition of luxury beliefs, the elite are happy to push and the rich can live with for example, not just on open borders and immigration and in particular on the climate extremism you see here. you see in europe in particular in germany that has been a big factor in the rise of populous parties there and also in the u.k. working class people, they are hammered the most by these policies, and they are the one that particular, are rising up against them. david: the u.k. got away -- they have their own 70 problems, but -- set of problems, the rest of europe is stuck with unelected bureaucrats they think they are in control of themes from st strasburg and brussels where european parliament hangs out, the parliament is elected but all the bureaucrats that are running lives this is -- what we call the deep state here in america. they have it, over there in

european parliament and people are fed up with it. >> 100%. just to remind our viewers, i worked in the day on 10 downing street for elected government of prime minister david cameron that was when britain was in the eu. yes, you have to three branches of the euro european government, the parliament that is elected. you have the european counsel, which is all of the representatives of of the elected governments of all members states you have european commission. that is the bureaucracy, and guess who has the power there to initiate policy the bureaucrats, that is why you see the imposition of this barr crease. bureaucracy. david: they are corrupt and socialists and making a mess, unfortunately we have run out of time, steve hilton, fascinating to cover, g is good for

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