in the leaderboard. >> we will not defeat donald trump unless we bring excitement and energy into this campaign. >> maybe even in this greater democracy in the world, we might go about choosing our president by giving it to the person who got the most votes. >> i'm not spending my time with high-dollar donors and with corporate lobbiests. i'm spending my time with you. tradeoff, president trump defends his victory claims over mexico despite questions about whether it was all a charade. >> if we didn't have tariffs, we wouldn't have made a deal with mexico. we get everything we wanted. and what about bob? robert mueller has not agreed to testify so for now house democrats have john dean making their case. >> it's our responsibility to bring that report to life. and this is the beginning of that effort. and this is the beginning of that effort.

and good day everyone. as the first big test approaches for the oversized democratic field, a new iowa poll shows biden losing some altitude out front and bernie sanders slipping while elizabeth warren and pete buttigieg move up. this as 19 of the candidates minus biden test messages in iowa. all the big names except the front runner who is putting family first by attending his granddaughter's high school graduation here in washington not on hand to answer -- >> there are some well-intentioned democrats and candidates who believe that the best way forward is a middle ground strategy that antagonizes no one, that stands up to nobody and that changes nothing. >> we're not going to win by playing it safe or promising a return to normal. we are where we are because

normal broke. >> joining me now is nbc's shaq broouser in iowa, steve kornacki at the big board and msnbc contributor kimberly atkins, senior news correspondent. first to you. you were out there in iowa. they were all out there except joe biden. he had a pretty good excuse, his granddaughter's graduation. he does not want to go to the so-called cattle calls and show himself off against the others who are all taking shots at him. who stood out there in cedar rapids? >> there were 19 candidates here. so a lot of opportunity for candidates to be able to use these attacks and hit joe biden and hit president trump and use this as an opportunity to stand out. i can tell you that cory booker is one who attendees mentioned stood out because he said that beating trump is just the

minimum that the country needs to go beyond that and provide a platform. some of them use this as an opportunity to introduce themselves to iowa activists. they talked about their roord. others used it as opportunity to really hit president trump. you heard that from senator harris. kirsten gillibrand calling him a misogynist and others saying we need to unify on the party. so many are excited to see so many candidates all at once outside of the event there were hundreds of supporters and volunteers all there to show support for the candidates wearing t shirts, chanting and holding up signs. it was an enthusiastic event and one you can show is a lot of energy for democrats in iowa and

a lot of focus on the candidates. >> iowa is so special because of how close they can get to candidates. they and new hampshire democrats, as well, in these early caulk skps primary moments. steve kornacki k, let's look at the poll because it does show joe biden slipping a little bit. bernie sanders, as well. elizabeth warren and pete buttigieg are the big comers. >> it looks different than basically every national poll we have seen since joe biden got in the race. and the national polls he is up two to one or better over his nearest opponent. you see biden, the lead is eight over sanders for biden and also as you say, elizabeth warren, pete buttigieg are right behind sanders. you basically have three candidates there within the range of ten points of joe biden. that looks different than what we see nationally. what is driving that? number one, check out among liberal voters.

iowa democrats who call themselves liberal. you see elizabeth warren now out in first place with this group. and pete buttigieg in second place. you see even ahead of biden and sanders a bit of a surprise. when you think of bernie sanders' image you think of him as the candidate of the left, the liberal candidate, the most far left voters will go for him. not necessarily seeing that here. he is competitive among liberals but is not dominant. he is basically doing just as well right there. so he is not cleaning up among liberals. it leaves him in second place there. that warren/buttigieg surge, this aligns roughly with something we see nationally, warren, buttigieg nationally do better with liberal voters. they do better with white liberal voters especially buttigieg. he has not shown an ability nationally to break out with non-white voters. iowa is a state where there

aren't that many non-white voters. a candidate like buttigieg who nationally is hindered a bit by the inability to break out in iowa. if you can get 18% with white liberals you are right there in the game. that's what you see with buttigieg and warren. and the question for both of them, if they were to break out in iowa and become competitive in other states, can they expand that support ultimately to non-white voters into black voters. biden nationally, his lead a big reason he is so far in front nationally. he leads. he does much better among black voters than white voters, nationally. again, that's n iowa. >> one other thing as we drill down on the des moines register poll is how many people in the poll want beating trump, top priority, two thirds of those are likely caucus goers. >> you know it reminds me of folks might remember 2004 when george w. bush was president.

we saw back then that's when carey, dean, edwards tlm. there was a big jumpable in iowa. you had democrats saying the same thing. they wanted to beat w and bush. the minute john kerry won iowa everything changed. they wanted to unify and beat bush. i think that dynamic that we saw way back then is something to keep in mind when we get closer to the caucus date early next year. >> another thing is the whole issue of abortion and how that relates to joe biden. they were in the field through wednesday. it was wednesday that the report first broke that story that he had supported the hyde amendment. they have all in one way or another voted for the hyde amendment because it has been in so many big reconciliation bills, but he actually voiced support for the hyde amendment for the federal ban on money for

abortions, federal funds. >> right. >> then he flipped on third night in atlanta. and the poll had closed by then. that won't be reflected in this poll. >> it's not reflected in this poll, but it's a great example about how joe biden does not necessarily his policies and positions don't fit with the current democratic party the way that it did before. i mean, we saw steve talk about the '04 elections. it reminded me a little bit of '08 where hillary clinton came out as a front runner and it became clear that the voters were interested in a new voice. that's how barack obama who was deemed unelectable sort of came ahead and surpassed her. you see that happening as people begin to lizzen to elizabeth warren, kamala harris, pete buttigieg. these folks align a little more with what i'm looking for. joe biden may not be in that

lane. while he is still a front runner because of his name recognition and things could change in california, south carolina, but in iowa this is a big red flag for his spain. >> south carolina when they head south after new hampshire then in south carolina he has been very well supported in south carolina in the past. >> he has a lot of support. you also hear just like shaq said it looks like cory booker. we know exactly what is going to happen. >> and first back to you, shaq. when you're there on the ground, you talk about how people are looking at these candidates. there are so many candidates including amy klobuchar from neighboring minnesota who are not registering beyond the

single digits. >> reporter: that's right. we have the opportunity whmpt you have so many candidates in one room, you have the opportunity to talk and ask them about the feelings on the polls and the results of the polls. if they are not in the top five or so they say look at my ground game. look how many people i have here supporting me and my campaign. governor hickenlooper came out and joked about the poll saying he thought there was an issue with the math there in that 20 points or so was missalicated to the wrong candidate. you have candidates saying it is early. you have voters saying it is early. i haven't made a decision yet. i'm still waiting and watching and seeing candidates and looking forward to the next debate. there is a reason for candidates who are not registering or are not in the position they want to be right now. if you listen to voters, there is reason for them to have hope there because they think there is time for there to be some adjustment. >> this was the first big show

out in iowa. so it's exciting that you were there. thank you so much. steve kornacki and kimberly atkins, thanks to all. we are only 16 days away from the first presidential debate right here on msnbc june 26 and 27. two nights that will change the course of primary history. and nbc news has just confirmed president trump has named former virginia attorney general controversial attorney general as the acting director of u.s. citizenship and immigration services. >> reporter: we can now report that today the acting secretary of dhs sent an e-mail announcing ken kuchineli is tapped for this position. if you are thinking about people claiming iasylum they go through

this agency. they are in charge of public charge, a rule that limits the number of people who can get green cards if they have been on any kind of public benefit in the past. that rule has been redefined and is getting ready to go out and be finalized. big question is whether or not immigrants can be deported even if they were here illegally simply because they used some public benefits. he is coming in right at the cusp of that policy. and although he was critical of trump in the early days, he is seen as an immigration hard liner, that that is helping propel him to this position and ousted his predecessor who opposed some of the policies and came in at the end of the travel ban. although he did help enforce that, he was not seen quite as hard line as ken cuccinelli. it's another sign that the administration wants dhs to go in a much different direction. coming up, back to the

future. democrats call a key water gate witness to analyze the mueller report. will their trip back in time pay off? stay with us right here on msnbc. ay off? stay with us righter he on msnbc. -driverless cars... -all ground personnel... ...or trips to mars. $4.95. delivery drones or the latest phones. $4.95. no matter what you trade, at fidelity it's just $4.95 per online u.s. equity trade.

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seriously? embrace the mischief. say "get pets tickets" into your x1 voice remote to see it in theaters. we have this breaking news. house judiciary chairman have -- the special counsel council used to assess whether the president

or others had obstructed justice. this as house democrats are kick starting stalled investigationing into the mueller report while fighting for access to other critical witnesses. today the house judiciary committee will hold hearings. and a panel of legal experts. joining me now is former u.s. attorney, msnbc contributor who will be testifying. former deputy assistant attorney general at the justice department and former council to the senate judiciary committee. welcome all. you are going to be a witness today. full disclosure. you are part of our team. you are going to be there testifying. what do you expect that they really can accomplish in a hearing like this without having access to the attorney general, to robert mueller, to don mcgahn, to hope hicks? >> today, we are not hearing

from fact witnesses who can explain what 457d. i hope to be helpful in explaining the law of obstruction of justice, about how attempts matter, about how obstruction of justice is a crime even if no underlying crime is proven and to maybe breathe life into some of the allegations that are included in robert mueller's report. >> what can john dean provide? because the circumstances are different. the law is different in terms of the special prosecutor back then and the independent counsel now. one works for the justice department. back then it was slightly different. >> it highlights and brings attention to the wrong doing and the predicate that the committee is hoping to lay for the investigation. >> this is theater. >> to some extent it is theater. he is not a fact witness. he is not a witness that can testify. he can talk about what is in the mueller report. and to some extent his testimony is a little bit limited. at the end of the day, what we

need to hear from are either the witnesses who provide the background information in the mueller report or mueller himself. the committee is doing five more hearings. we need to find out what are the five hearings going to be about. today will be good. you touched on it. he is 45 years removed from having the most to say. >> nadler's announcement today that they are getting some cooperation from the department of justice on the underlying evident. is that a significant break through? >> it seems they are able to get some underlying evident from the mueller report which is what they have asked for. they have asked for all of it. it is a sign that they are putting the screws to the justice department with threats to contempt vote t. has had at least modest success today.

if you read the statement from the judiciary committee, they are expecting much more than this. this is just in an opening shot and saying we are going to go ahead with the other civil contempt votes in order to strengthen our hand in enforcing subpoenas and getting more information. this has nothing to do with the decision by don mcgahn and others to defy their subpoenas so those proceedings will go forward against those witnesses, as well, like hope hicks and don mcgahn. >> those are critical witnesses. >> i agree with that. if you read the report, you will see that don mcgahn was involved in some very significant instances of obstruction of justice. and i think -- >> you can speak to the president's intent to a certain extent he was in the room with the inveighing against jim comey, for obstruction of

justice in the report involved don mcgahn. it was an order by president trump to fire the special counsel. when reports came out in order to falsely deny the report and to create a false document to support that lie, to me that is one of the most significant allegations of obstruction of justice. i think don mcgahn was there. prosecutors signed the document. there were something close to 1,000 who say they felt there was enough evident to take an obstruction case. >> i am. the report lists about ten different episodes. i think at least with regard to four of them, robert mueller says there is substantial evidence to support all elements of the crime of obstruction of justice. i believe that if it were my case and the justice department policy did not preclude i would

file that case and i would be confident i would win that case. >> going through, given that the justice department policy against indicting a sitting president is what drove the decision not to indict on a number of the charges, when you look at the facts, it seemed pretty clear to me. i don't know how early -- i think we both signed pretty early on in the draft of the letter because it just seems so clear. >> rather than the bumper sticker of no collusion and no obstruction that we have been hearing from the administration. what about the democratic strategy? nancy pelosi holding firm. we have seen that. is this an attempt to let some of the democrats, some of the more aggressive members of the judiciary committee vent and get some of the steam out of the pressure cooker? >> when i talk to leadership, they say she never ruled out impeachment. she said we are not there yet, that we can't get enough republicans on board. her plan to hold the hearings with the actual witnesses for now has been foiled.

what she is doing is trying to come up with a strategy to put light on the report even though they can't right now get all of the witnesses and documents. so my reporting is the way that they are going to do that is organize it around actual legislation that highlights the wrong doing in the report and says why is it legal for the trump campaign to have had over 100 contacts with russians during the campaign and nobody had to report that to the fbi? that's one piece of legislation and a strong hearing that they could have around this legislation that they are calling duty to report, for instance. do they hope to get these witnesses? of course. but in the meantime, they don't have them right now. there has to be a strategy and this is it for now. >> they still have a republican senate. so they are not going to pass that legislation or pass it in the house. but it certainly would not sustain itself in the senate or sustain a vote to override the president's veto were it to

pass. jared kushner just said in an interview with axios last week that he sees nothing wrong with meeting with foreign officials to talk about the campaign. >> i'm not certain the senate would not try to be involved in legislation. they may want to ignore what happened in the past. i think we should agree that we don't want foreign money in our elections, for example and should do what we can to keep foreign influence out of social media. >> we will be watching at 2 p.m. looking forward to that. thanks to you all. and let's call the whole thing off. president trump claiming he has a new deal with mexico canceling his tariff threat that was to go into effect today. critics say it's a crisis of his own making. stay with us. you're watching andrea mitchell reports on msnbc. watching and reports on msnbc.

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we got everything we wanted. and we are going to be a great partner to mexico now. they couldn't believe how stupid we were with what's going on. >> president trump calling into

cnbc this morning still claiming victory in the tariffs standoff with mexico. the 11th hour agreement comes amid a "new york times" report that the supposed deal to control immigration at the border was repackaged from earlier agreements rather than fresh concessions. did the president claim to resolve a crisis that he created. mexico had pledged to send troops to the border but says few had been deployed. moderator of washington week on pbs. it's great to see you. so was this all a bluff from the president? did he create this crisis with mexico and then magically resolve it? >> what's going to matter, andrea, are the details and the execution of the deal. the president is optimistic that mexico is going to follow through, but reporters, others

are going to have to track does mexico and president, do they actually follow through with the deployment of the thousands of troops at the southern border? porous border. the mexican government has always let immigrants pass through. this is a different kind of management of the border. the president is sounding optimistic. yet how this is actually implemented will really matter in terms of holding this deal together. >> there had been, i know, in december announced an agreement to have the mexicans have migrants come and be returned to mexico and held there on their side of the border while their asylum requests are being processed. >> and the asylum part of this is really important because the u.s. government, trump administration is pushing to be much more tougher on asylum

rules and want to try to prevent having so many people coming up. this is politically from president trump a response from the migrant surge. he knows his base is unhappy with the progress of the wall. so he has turned to tariffs as a political weapon to try to get some of these reforms from mexico. talks as you note have been ongoing between dhs and the mexican officials for months. >> and one of the other questions, of course, is why the administration has not sent more judges to process people more quickly. this crisis has built over time as the state department has cut off funding to the northern triangle countries which was working with the fbi and others to try to solve some of the problems down there. there have been a lot of changes in administration policy that critics say have exacerbated the crisis at the border. >> rapid changes. that is certainly the case. and it is unsettled lawmakers on

both sides on capitol hill. yet without a comprehensive immigration plan that addresses issues like the lack of judges at the border, you will need funding from congress to provide for that new array of judges, you're still going to have the administration taking the different shots at immigration policy whether it's tariffs or asylum changes or funding changes at the state department. that's not a comprehensive approach. it's a scattered approach according to my sources on capitol hill. but for now, they don't really see anything else but that approach being part of the immigration policy of this government. >> we should point out that mexico's foreign minister who is here in 12-hour marathon talks at the state department, he has held a news conference disputing the president's claim that there is some secret agreement that will be revealed later on. >> that is correct. it's worth noting that the mexican government is working with the u.s. at this time based on our reporting on talking

through different asylum changes. the secrecy that the president keeps alluding to based on our reporting is regarding the asylum talks. any kind of changes would have to go through the mexican legislature. there may be a pause in negotiations on what is the part of the deal until the mexican legislature approves certain aspects. it just makes it tentative. >> also to point out as you well know, robert, that republican senators were dead set against this tariff set. so is the changeber of commerce, the auto industry. so the president in backing down is really, you know, acknowledging without acknowledging it, he's yielding to enormous pressure from the republican business community as well as republican senators. >> and this is an administration that keeps a close eye on the stock market. and without much certainty from

the federal reserve about whether rates are going to be cut or not, the business community remains on edge about its prospects especially in light of the latest jobs report, just 75,000 jobs added to the payroll. if the tariffs were implemented this week on mexico, you would have consumer costs being affected particularly late in the summer once the u.s. companies made a lot of purchases and consumers could start feeling the pain as you head into the holiday season. that weighed on people's minds. >> and as they head to the polls in 2020. thank you so much. always great to see you. thanks very much. >> thank you. >> big love for big papi. an outpouring of support for david ortiz shot last night in the dominican republic. we'll have a full update on his condition coming up next. you're watching andrea mitchell reports on msnbc. watching and reports on msnbc. as a family, we always fly emirates.

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if not, swap it out for another or return it for a refund. it's that simple. because at carvana, your car happiness is what makes us happy. shaving has been difficult for me. i have very sensitive skin, and i get ingrowing hairs. oh i love it. it's a great razor. it has that 'fence' in the middle. it gives a nice smooth shave. police in the dominican republic had arrested a suspect they say shot baseball legend david ortiz last night. ortiz remains hospitalized they say in stabile stable condition. he was shot in the back at nearly point blank range. his father speaking to reporters in spanish telling local reporters his son is out of

danger and that the bullet did not hit major organs and injured his back. kathie park has the latest tracking all this. do they know anything more on whether these people knew him? what were the circumstances? >> dominican officials were very quick to take someone into custody. and at this point we know that 25-year-old eddie garcia has been arrested. meantime, they are still looking for another suspect who is at large. and the motive is still unclear, but they are working with that shocking video showing the shooting in real time. you see the gunman coming just inches from ortiz, pulling out that gun. we do want to warn our viewers that this video is disturbing. and the gunman apparently shoots him and the bullet goes through his back and exits from his stomach. and apparently the same bullet wounded a friend who is seated with him, as well.

and he is suffering from an injury to his leg. but still a lot of questions as to what motivated these individuals to carry out such a crime. >> of course, fans around the country and especially in boston all so concerned. outpouring of support from the baseball community. what has been the response global globally? >> he is a two-time world series mvp and he is a product of the dominican republic. so he is a star on many levels and there has been an outpouring of support from pedro martinez. can't wait to hear your voice. my thoughts and prayers are with you, see you soon. a-rod tweeted out well wishes, as well. so the outpouring of support continues. we know he is in stable condition at this point and out of surgery. >> we know that baseball in the

dominican republic and dominican republic players here are such an important part of the baseball community. coming up next, this means warren. the massachusetts senator getting big boosts in the latest iowa polls. what her surge means for competitors joe biden and bernie sanders. stay with us here on andrea mitchell reports on msnbc. e on mitchell reports on msnbc. choice. aleve pm. the only one to combine a safe sleep aid and the 12-hour pain-relieving strength of aleve that dares to last into the morning. so you feel refreshed. aleve pm. there's a better choice.

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central question in 2020 will be who government works for. is it just going to work for a thinner and thinner slice of the top as it is doing right now? or can we make this government work for everyone? >> senator elizabeth warren in iowa grabbing a hard hat this morning to tour a plant during riding momentum from the latest poll showing her surge in that key state. joining me now is nbc political reporter in seattle kicking off an epic 16-day trip across the country taking him all the way to miami for the first democratic primary debate on nbc and msnbc and telemundo. also with us mike murphy, former

senior adviser to mitt romney, john mccain and jeb bush and co host of the podcast which launches tomorrow. and president at the center for american progress. what a great collection. let me go first to you. i can't believe you are going across country. i want to be on that ride, as they say. elizabeth warren for all the talk that she was damaged by the president's tweets and all that pocahontas stuff, she is doing so well in iowa. you know that state. you spent months and months in iowa in previous cycles. tell us what it means for her to be breaking past bernie sanders among liberal voters. >> reporter: >> elizabeth warren really took the lead on this among the democratic field. back in march a couple weeks after amazon pulled out of what would be their second headquarters over in long island city. after there was much pushback from local officials over their move in which they would be

receiving a $3 billion worth of government incentives, also amazon was not agreeing to some particular labor agreements that locals were looking for over in new york city. and that really spurred off the conversation. there are several different layers when talking about breaking up the big tech companies. if you look at just the data or the likes of facebook, for instance, that conversation is largely focussed around the need to break up facebook because of monetization of users' data. if you go over to the likes of amazon, when you are here at amazon, not only is seattle largely driven, there are 45,000 employees here and much concern about what contributions are being made to cities like this when you have transportation system that is in need, when you have affordable housing that is low in availability. there is that conversation. and what the president actually said this morning was that he was open to the idea of breaking up on the standard and principle

of monopolies and that these entities have become too large. suddenly, you are hearing elizabeth warren insight the same tone that the president is. >> elizabeth warren and the other candidates in iowa, you know iowa so well, how do you assess the democratic field right now? because joe biden is still ahead although losing altitude. warren is now getting -- in a virtual tie with sanders. pete buttigieg doing so well. >> yeah. well, you know, we are at the end of the first inning but starting to see candidates playing ball. i have always thought elizabeth warren could potentially be a pretty strong contender because she is sort of a triple threat in the democratic primary. the new iowa poll is showing she is selling tickets. the triple threat is the identity voters can get interested there. she is right up there with bernie. she can give him a real run for

the money. that's clearly happening. she is a fighter which a lot of dems are looking for. if i had to score this thing in the very beginning here, i would say the winners of the first inning are buttigieg who has gone from like single a baseball and made it up to the show. he is a contender now. the early data shows it. and elizabeth warren who i think is giving bernie a real run. justice department joe biden is creeping either down or side ways and not up. that's a warnering sign early that this race is not his to grab. it's open. >> you have been -- >> i have also been in primaries in iowa. the thing about this poll is that the race is pretty fluid. just a few weeks ago people thought the race was really set. i think warren's rise really demonstrates that there is a lot of movement because a lot of people counted her out just a few weeks ago.

a lot of pundits thought she was sort of dead. she has really demonstrated through grit. it's a whole series of issues for her. she has gone to places. people didn't expect to see ve agenda. her town halls are doing really well. both televised and out in iowa and across the country. i think she's running a great race and that really shows that running a great race can make a big difference and people are responding to it. >> she started to breakthrough around houston when they had the african-american women's town hall. >> absolutely. >> people liked her policy prescriptions, the fact that she was so specific, was not nerdy, and it was appealing to voters. >> she communicated that i understand your problem because i see your problem and i have a plan for it. we had a form at the center for american progress action fund just a few days after she the

people which was the houston forum. she was well reserved there. i think that's the issue here which is that there's a lot of movements, the campaign you're running really matters, she -- i think one of the assets that senator warren has is for a lot of liberal voters, she's not divisive in the party. she's very much open to a whole series of voters. >> when we talk about this, though, it's all preliminary to the debate which is going to be so important because this field, it's very fluid. you see pete buttigieg, but how does he do on the debate stage. who's going to break out in the debate? how do you prepare candidates to face so many of these other contenders and how do you have a moment that matters when there are ten people on the stage? >> well, it's really difficult when you have 182 candidates split over two nights and there will be a lot of debates. i think under the surface, you really got two debates going on.

you've got the candidates people, democrats -- most democrats have heard of, biden and bernie trying to reinvigorate a little bit, trying to have the good night. and then you've got a bunch of these kind of smaller candidates trying to breakthrough. in my view, the worst thing you can do is a lot of back and forth trying to work it out. there are too many candidates. you want to have a couple of great beats where you connect to the camera. and if you're lucky enough to get back and forth with somebody, you pick that shot carefully. if you're a single-digit candidate, which most of these are right now, it's okay this early, but sell your best stuff and focus on the message for you. i think what elizabeth warren ought to start thinking about is nobody at the rnc, nobody is that worried about an elizabeth warren surge because her

attractiveness in the general election because of her ideological stuff being on the left could be tricky. she's got to show a wider picture while trying to keep this momentum going with democratic primary voters. >> thank you all. and a reminder, we're only 16 days away from the first presidential debate right here on msnbc, june 26th and 27th. coming up, rbg, what the justice is saying about a big case about to be decided by the supreme court. he supreme court. has been excellent. they really appreciate the military family and it really shows. with all that usaa offers why go with anybody else? we know their rates are good, we know that they're always going to take care of us. it was an instant savings and i should have changed a long time ago. it was funny because when we would call another insurance company, hey would say "oh we can't beat usaa" we're the webber family. we're the tenney's we're the hayles, and we're usaa members for life. ♪ get your usaa auto insurance quote today.

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term almost over, two dozen cases remain to be decided. recently ruth bader ginsburg gave a hint of what's to come. for all of our supreme court news, pete williams in from the cold and rain. bring us up to date. let's talk about rbg, being very outspoken on friday -- >> how unusual? what she said is a couple of things, we've had a lot of unanimous decisions, i think as we get to the end of the term that's going to end, soo we're going to have a lot of 5-4 rulings. she also had a little bit of a hint on how she might rule on the census case.

she said respondents in this case have argued that a ruling in secretary ross's favor would stretch deference beyond the breaking point. the use of this phrase i think has a bit of a sign of how she's going to rule in that case. that's the question of whether you can put the citizenship question on the census form. >> and you can't tell of course whether she would be in the minority or the majority except that she's being very outspoken about a controversial case. >> that, plus the question she asked during oral argument. >> justice breyer about guantanamo detainees. >> this involved a man who's been there for 17 years. he was picked up on the battlefield. the u.s. says he fought with the

taliban. his lawyers say he was picked up by bounty hunters. he's been there all this time yet to be charged. he's challenging his detention. today the supreme court declined to take the case leaving lower court rulings against him intact. but breyer said in 2004 when the supreme court said the u.s. can keep people in guantanamo, not indefinitely. do we really mean perpetle detention, and this man could be there for the rest of his life. >> it's great to see you. that does it for today's edition of "andrea mitchell reports." follow us online and on twitter. here is ali velshi and stephanie ruhle for "velshi & ruhle." >> have yourself a great afternoon. i'm ali velshi. >> and i'm stephanie ruhle. it is monday, june 10th. we start with breaking news on the fight between the department

of justice and house democrats. just a short time ago, the doj agreed to hand key evidence collected by the mueller investigation over to the house judiciary committee. the agreement fulfilled a subpoenaed issued by jerry nadler and opposed by the department of justice for years. the committee prepares to hold a hearing less than an hour looking at presidential obstruction of justice, calling nixon white house counsel john dean to testify and that is just the beginning of several house actions this week. on tuesday, the house will vote on whether to hold former white house counsel don mcgahn in contempt to congress for failing to respond to a different subpoena issued by the judiciary committee, the scheduled vote to hold the attorney general in contempt was canceled. meanwhile the house intelligence committee will hold a hearing on wednesday. >> behind the scenes of all of this, as the president prepares to officially launch