it is 7:00 here on the east, 4:00 out west. here is what's happening right now. a fight on the supreme court

weighing in whether the president can use billions of pentagon funding. what happens when nancy pelosi met with the oac. what republicans fear most about kamala harris. >> you see them everywhere. why there are concerns of e-scooter safety. we'll start this morning with breaking news on a late friday night filing supreme court clearing the way for the trump administration to tap billions of dollars on pentagon funds. 5-4 vote lifted a free-imposed in california judge in late may. it would come from the defense department, counter judge money and build some 100 miles of the wall. >> how are the president reacting this morning? >> the president is jubilant.

this is something the administration had tcome to the on an emergency bases and says we need a ruling now. the president called it back in february at the end of the record long government shutdown when he took that controversial step to declare a national emergency, redirecting some $8 billion in funds towards building a wall, that democrats and congress would not give him. they gave him $1.5 billion instead. the court is going to strike it down and he'll prevail when it got to the supreme court and for now it appears that he was right. $2.5 billion in drug money and addiction money from the pentagon budget now can we redirected according to the supreme court of a closely held 5-4 decision can be devoted to build 100 miles of wall

replacing old wall and building new wall. this was a court case brought by the sierra club and aclu. the supreme court did not have standing to bring this case. the president as we mention at the top here reacting with jubilation. he put out a tweet after issuing this. wow, big victory on the wall. big win for border security and the rule of law and as you may expect nancy pelosi, the democratic speaker of the house, she has some harsh words for the supreme court. this evening's supreme court ruling allowing the president to steal military funds to spend on a waste full border wall is flawed.

remember not one mile of the new wall has been built since president trump been in office. >> let's bring in danny ceval s cevallos, good morning again. thank you for coming back. when will we see actual building here? i am not sure about that. i do know they'll have to start negotiating contracts. that was one of the key arguments of the government that we have to start negotiating these contracts or our time will run out. building will not begin right away. the negotiations of contracts will begin right away or continue or whatever the case may be. it is interesting because that was the subject of justice briar decent. if it was up top m me, that way everybody goes for the government, all they have done is re-negotiate the contract. >> take a look at what he wrote.

this case raises novel and important questions about the ability of prievate parties. is he hinting congress may have been the appropriate body to challenge this? >> always an issue. every constitutional law professor tell students you have to discuss this issue and every essay on the exam and it is called standing and boiling down. standing is about a question of hate, plaintiff, what business is this of yours. that's one of the issues here. does as private entity or individual have the power or the right to even bring a case in federal court and say i don't like the way the government is handling this issue. you can imagine situation for standing. hey, i want to challenge the entire tax code. that's not really an appropriate or an efficient use of the courts. standing is always an issue. it is about what business of this particular plaintiffs and

oftentimes courts will throw cases out for lack of stannindi. >> danny cevallos, thank you for being here. >> house democrats taking a major step in their legal fight against president trump. the house judiciary committee asking the federal judge to unseal the guarded evidence of the former special counsel. they officially notified the courts that quote "article of impeachment is under investigation as part of the committ committee's investigation." >> i suppose there was one difference that you can draw. if you said that the impeachment inquiry is when you consider only impeachment. that's not what we are doing. we are investigating all of this and we are going to see what

remedies we can recommend including the possibility of impeachment and not limited to that. >> the new york times is reporting nancy pelosi signed off on using the impeachment language in the lawsuit by house democrats. this is her latest public statement on impeachment. >> let's get sophisticated about this, okay? we won't proceed when we have what we need to proceed. their advocacy for impeachment only gives me leverage. i am willing the take whatever heat to say when the decision will be made in a timely fashion. this is not endless and when we was the best strongest possible case. >> the first new polling data after mueller testimony, 46% of registered voters are against starting an impeachment process while 37% are in favor.

41% say mueller did not common rate the president. 35% who says he did. >> i watched bob mueller and there is nothing, there is no collusion and obstruction. let's look into obama the way they looked at me when we had the majority in the house. they did not do subpoenas all day long. they did not do what these people have done. what they're doing is a disgrace and destructive to our country. that's why we are going to tyak back the house and hold the presidency and continue to hold the senate. these people are clowns. the democrats are clowns. >> but on wednesday mueller confirmed the president was not exonerated. >> did you actually totally exonerated the president? >> no. >> your report expressed that it does not exonerate the president. >> it does.

>> joining me now, emily knowle. >> what are democrats going to do now that's different than what they may have been approaching this before the mueller testimony? >> first and for most, it is going through the courts because what democrats and house judiciary committee chairman nadler have done is pursue going through the courts to get information, unseal the evidence that was used to craft the mueller report and to try to then use that information to build their case for impeachment. so this is now in the short term, watch the courts in terms of whether or not they'll release some of the information, evidence that was used to write the mueller report and that actually i am told can go all the way to the supreme court. it is in the court. the second point i would make is

speaker nancy pelosi, if you look at her comments yesterday on kplcapitol hill, what she's saying is catch your breath, let the process play out and follow the courts. >> what does that tell you about pelosi's approach and where this could be headed next? >> she's going to wait outs the six week recess where democrats are going back to their constituents. pelosi has been trying to protect sort of shy away from impeachment proceedings going back to their districts and i am thinking back max rose in staten island holding a hearing. he wants to put the focus back on kitchen issues and policy issues that may cause him the seat if he does not keep the focus on those types of things.

>> there is a tally that shows at least 100 democrats are on board of impeachment. how much of the number matter here? it is a growing chorus. how does it complicate pelosi's effort holding off? >> number one it matters in a sense that this is a growing number of democrats. if you look at the polls, politico poll in terms of 46% of americans are saying they want impeachment. i also think it is a little bit more complicated than that. up to your point -- it is one thing to have a democrat on the record saying they're in favor of impeachment, it is entirely different thing to have alexandria ocasio-cortez or ilhan omar say we need impeachment. and so, i think that you know we in the media sometimes we try to make it a black and whitie issu

but it is a little bit more complicated than that. it is not up to the principle or the lawmakers. it is up to the constituents. a lot of democrats are still in the process of taking the polls of their constituents. >> eric swawell addressed the special counsel yesterday. >> if you shut up expecting a broadway show, sure, you may have been disappointed. if you listen to what he said, he said the russians attacked us. the trump campaign welcomed it and planned around it. when the police investigated it, they took great lengths to kof cover it up. the president is only the person in america to shield it to be held accountable. that's cut and dry. >> that's the democrats argument in a nutshell. was there expectations more

democrats leaning towards impeachment to grow. >> it depends on what they hear from constituents during this recess. there is some momentum about seven have gone on board including the member of the leadership. it is still not a majority of the caucus. as you show in the morning it is still not a majority of the country that supports impeachment. there is a distinction between inquiry itself and there is nuance that kervin pointed out that we have not gotten into yet. their advocacy for impeachment gives me leverage. what does she mean by leverage? >> she's essentially saying that you know i mean she's going to be using the issue of impeachment in terms of negotiating with the white house. i am not sure the white house would agree with that but from

her vantage point while in the middle of having fiery to put it mildly of rhetorical approach of president trump verses the squad. she was able to ink a deem on the debt ceiling for two years which would put off a massive policy fight and put the economy at risk of the united states until after the 2020 presidential election. the freedom caucus sure as heck did not necessarily like that deal by the way. the all too conservative in the house. she's been able to negotiate with the white house on issues pertaining to the economy. look into the month of september for nafta 2.0 that could potentially be another air i don't ha bipartisan ship. the point has been lost abouts the concerns that russia poses

in terms of attacking democratic lower case d institutions ahead of the 2020 cycle. >> well, that certainly is something that's also a partisan fight on capitol hill as well. kevin and emily, thank you both very much. >> this may be the most important exchange in the mueller testimony, we'll show it to you and break it down next. to you and break it down next. free wi-fi... ...and the price match guarantee. so with hilton there is no catch. yeah the only catch is i'm never leaving. no i'm serious, i live here now. book at hilton.com and get the hilton price match guarantee.

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new details on the efforts to unite house democrats after recent in fighting between the progressives and moderates. nbc news white house correspondent geoff bennett has the details. >> reporter: pelosi tweeting this photo trying to show her drift with alexandria ocasio-cortez is over. >> we had a good meeting and congresswoman is a very gracious member of congress. >> as always i think the speaker respects, you know, the fact that we are coming together as a party. >> reporter: both down playing the democratic drama brewing in the public for weeks. pelosi disagreed on key issues like impeachment, and the green due deal and immigration.

>> alexandria ocasio-cortez firing back saying pelosi was out right disrespectful and singling out fresh congresswomen of color. >> you are still family. >> reporter: pelosi is la-- >> now they think we are going to win so they're doing everything they can with the impeachment nonsense. >> reporter: house democrats filed a lawsuit to obtain secret grand jury information included in the muller report. now nearly 100 of them want to move forward on impeachment. >> jo. >> jefgeoff, thank you so much. >> joiniwhat message did pelosi alexandria ocasio-cortez's meeting sent to you on friday? >> i am closer to all of this than many. she's in the district right next to me, i talk to her everyday

and known her for 20 years. i do think people were trying to build what was going on into more than there was. the last couple of weeks is learning that we have to communicate with each other and not twitter or newspapers and etc. i think we ended -- it is good that we are all going home. everybody is sort of maybe at the wits end but it is a good note ending on the two of them reading and two of them will talk. when there is disagreements, we'll talk to each other and talk it through. >> do you feel this feud is over thousand? is it basically been put behind you guys? >> i don't want to call it a feud. there were disagreements that were not communicated the way you do inside a family. here is my hope. there will be differences.

i know there is going to be differences but i think that people are going to talk to each other and not use twitter and the media as the means of communication to each other. we got to commit that we'll talk to each other. when you don't agree with how someone is approaching something, go to that person and say it. we need to say it directly. we need to not fan fire that love to have fuel fuon them. >> fair enough, we are talking the robert mueller testimony, here is where your party stands on what's next. >> let's get sophisticated about this. we won't proceed when we have what we need to proceed. >> we'll continue to seek testimony from key fact witnesses. our work will continue into the august recess and we'll use those subpoenas if we must.

>> congresswoman, where do you stand on impeach. mementimpeachment? >> this issue is very difficult for me. i did vote no on no new green deal. i have little kids crying at the rhetoric that's going on. i think we need to -- i am happy to be home. i think the president has the art of distraction down to a science. when he does not want things to talk be ta be talked about, he gets ripped up. last night i was out and they're talking to me about how much their medicine costs and the bro bureaucracy. i was at an event celebrating the ada disability act, people were talking to me of the

bureaucracy of getting the help that they need. people are still talking about infrastructu infrastructure. we got to do both. nobody is above the law. we got to follow the facts. i think speaker pelosi has got that plan and we are going to follow those facts but at the same time we got to deliver for them. people are frustrated about a lot of issues. we know the oversight committee elijah cummings has this message. >> this is a critical moment in our country's history. don't be fooled. and, it is a moment which people will be talking about and reading back 300 or 500 years from now and they're going to ask the question what did you do? it is not about not liking the president. it is about loving democracy. it is about loving our country. it is about making a difference

for generations not yet born. that's what this is all about. i am begging the american people to pay attention to what's going on. >> congresswoman, we know you are paying attention, do you share that sentiment? >> you know i do worry about our democracy. i worry -- i would like people to talk about some of the things people talk about. i read the mueller report. this week i think some people heard the message that mueller talked about russia trying to interfere if our election and trying to do it again in 2020. the under line theme in that report is how russia is trying to divide us as a country. we need to pay attention to that. i am worried of how the fundamental pillars of our constitution, freedom of speech and religion. i see people in my community being attacked on their religion

every single day. freedom of the press. i am going to defend your right to go out and do any story you want to. that's a basic freedom. people you know we go to school and we learn about democracy and we hear about these freedoms. we don't understand. we are taking it for granted and there are people who's trying to take those freedoms away. that's a mistake as anything else. this is about democracy. you know the other thing i will say three weeks ago, i did not sleep, i went back and read watergate history. watergate, there were people sort of where we are right now until the facts got there. i flew back the day he came out for the impeachment of richard nixon. >> you are waiting on more facts? >> i think that they got the subpoena under - i am not defending what the president

says. but you got to be ready for an impeachment process. i think that the speaker with four committee chairs who are strong are doing the work that has to happen there. my job is to work to support them and talk about it and listen to people but my job is to go out and work onner issu o issues which i did this week. i got a pension bill which i have been working through for four years. >> congresswoman, thank you so much for joining us this morning. >> president trump tweeting his outrage over the results of new polls on the leading democrats and how he fairs against the current president. gainst the current president.

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thousands of demonstrators are back oen tn the street in h kong. last sunday a mass gang in white t-shirts organized the attack at the train station.

demonstrators still have calling for greater democracy. so we are watching this right now. we also want to bring you some picture of paris and the danger heat wave across europe as it makes its way towards the arctic. temperatures soaring to a new record of 109 degrees. meteorologists fear the high temperatures will accelerate the melting of large ice sheets and greenland and increase sea level by 23 feet. the last time the region experienced a melt like this was in 2012. >> i have always liked american wines better than french wines even though i don't drink wine. >> bottle of red or white may soon cost you a little bit more. the president's tariff threat is on french wine, a 3% tax on u.s. tech companies. the u.s. is the world's largest

consumer of wine. we'll take a closer look on what may be the biggest moment of robert mueller testimony this week. listen to this. >> there were many questions that you asked the president that he did not answer, is that correct? >> true. >> there were many answers that contradicted other evidence you gathered during the investigation, is that is correct? >> yes. >> trump's official impeded your investigation. >> i would rule that. >> mueller revealing the president and several other trump align witnesses tried to disrupt the investigation. that was the most important exchange in mueller testimony. back with us, danny cevallos. you heard mueller revealed while the president gave inadequate answers, other witnesses tried to i mpede his work.

>> obstruction investigation it matters a lot. it seems to satisfy the elements of obstruction and we know those folks who lied to investigators were charged with lying. the federal government had effective tools in combatting crimes. any false statement in connection or any false staple to an investigator is going to get you charged with a crime. any false statement connecting with proceedings could be obstruction of justice. these are all relevant point that came out during the mueller testimony. >> what's that -- mueller reite and revealed that the president could be prosecuted after leaving office. this is what he had to say. >> was there sufficient evidence to convict president trump or

any one else with obstruction of justice? >> we did not make that calculation? >> how could you not make the calculation? >> the oac opinion indicates that we can't indict a sitting president. >> could charge the president with a crime after he left office? >> yes. >> you believe you can charge the president of united states with obstruction of justice after he left office? >> yes. >> what's the possible criminal liability here? >> here is what mueller essentially did. at the out set before he looked at any evidence or investigated the issues he made a determining decision. i can't charge the president but i am going to collect a bunch of stuff for you to all look at and you will make a decision either congress to impeach or maybe a u.s. attorney down the road will make that decision. everyone has this information before them and mueller's approaches, you can do with it of what you will. if you think it mediets the

elements of obstruction, you can do anything you like. i will add that a sitting president can't be charged but a no longer sit in president can be charged. >> this was discussed. it was between mueller and congressmthe congressman. >> what the president serve on the statue of limitation? >> i don't know the answer to that one. >> a president who serves a second term is therefore under the policy above the law. >> i am not sure if i agree with the conclusion. >> the statue does not toll, is that correct? >> if the president wins reelection here, what happens to the statues of limitations?

>> sometimes because a defendant has run away out of the jurisdiction. here is the real question. we never confronted it before. a sitting president who can't be charged, does the statute of limitatio limitations, or do we hit the pause button so that he does not simply avoid being charged. let's say he gets reelected and that runs out the statutes of limitations while he's in office. there is a note coming out of university of pennsylvania that addresses exactly this issue. it is an issue that first impression because we never had to deal with it before. >> all right, we may be dealing with it coming up here. danny cevallos, thank you for coming back. >> cracking down as e

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that work best for you. and they may not be looking so good. president trump saying yesterday china is likely waitiplaying a waiting game. >> i don't think china would sign the deal. china would say let's wait, maybe trump will lose so we'll

deal with another dope or stiff. >> even white house economic adviser larry kudlow says don't expect a grand bargain when those negotiations resume on monday. a new changer so many are loving. electric scooters after a deadly scooter accident in atlanta. the city is considering changes to make it safer for everyone on the road. joe fryer has more. morning, joe. >> reporter: hey there jo, atlanta's mayor is hitting the brakes. e scooters are still available there. the city won't give limits to any new company. atlanta is not alone. cities are wrestling with growing pain as they are dealing with clog and sidewalks and worry about safety. >> on the streets of atlanta, protesters formed a human bike lane, they're calling for safer

places for e scooters after the city's second scooter related death. the rider hit and killed by the bus. the bus's drive was not at fault on the man's death. >> he was on his way to work and now he's gone. >> reporter: share scooters become a fixture in the u.s. riders took more than 38 million trips. >> it is convenient. they're kind of fun. >> people who are riding them are having so much fun that they are not paying attention to traffic. >> reporter: anyone can rent it using an app and it is a buck to unlock them and 15 cents minupe minute after that. ideally the scooters and bike rides on city streets. watch this. >> are you on a scooter? this scooter driver sliding across lanes of interstate traffic. >> it is totally calm and cool and looking behind him and

making sure he can change lanes. >> reporter: the city impounded 250 2500 scooters. >> if you are going to use these things, wonderful, make sure you park it responsibly. 190 people who were hurt on scooters and 48% sustained head injuries and 15% traumatic brain injuries of 190. only one was wearing a helmet. in los angeles, officials are looking for solutions including scooter driving lanes and special parking zones. >> we want to invest in making these thingsas successful as they can be and then we can follow up for better infrastructure and people to ride safely.

>> reporter: most companies require riders to be 18 and some states require a driver's license that's always important to check with local laws before you get on one of these scooters. city officials and doctors and companies all encourage people to wear their helmets. jo. >> joe fryer, thank you so much. >> why gop insider fear why kamala harris could be the next obama. obama. these great perks. i got to select my room from the floor plan... very nice... i know, i'm good at picking stuff. free wi-fi... laptop by the pool is a bold choice... and the price match guarantee. how do you know all of this? are you like some magical hilton fairy? it's just here on the hilton app. just available to the public, so... book at hilton.com and get the hilton price match guarantee. if you find a lower rate, we match it and give you 25% off that stay. liberty mutual customizes your car insurance, hmm. exactly. so you only pay for what you need. nice. but, uh...

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a new national poll by fox news, president trump is tweeting his outrage of the results after the poll had joe biden leading him by ten points and sanders by 6 points. joining me now to discuss all this is howard franklin and republican strategist, former spokesperson for jeb bush. what do thank you make of trump discu dismissing the legitimacy of this poll. >> this missing polls is a lay up for president trump. after what happened in 2016,

nobody expected him to win. all the polls show hillary clinton was going to be the next president of the united states and low and be hold, he wins. don't trust these polls. they were wrong before and wrong now. it's an easy argument for him to make. >> howard, i want to dig more into that polling data. it put biden ahead, 18 points ahead of bernie sanders, and then biden's lead remains big in several key states according to two other new polls. in south carolina he's leading the pack with 39%. harris is in second at 12%. in ohio, he has 31%, harris and sanders tied for second at 14%. with all of this new data that we have, we have the second democratic debate coming up, who has the most to gain and who has the most to lose here? >> biden remains in the catbird seat. he still has the most to lose in this case. i think this polling shows that

the bounce from the last debate may have dissipated for the front-runners who were able to distinguish themselves in kamala harris and elizabeth warren. we're resetting the deck. we have another set of debates, many of the front runners are scheduled to be on the same stage at the same time. so we may reset the deck yet again. i think the vice president will be a little better prepared to defend that lead when this debate ensues. >> yeah tchyeah. it seems like that was something where he wasn't quite ready to be. there's an insight from the ohio poll, biden leading president trump by 8 points there. the other top democrats just about tied. without ohio the republicans don't win. so how do you read into that data? >> i think that that's -- biden's strength in the polls in some of these midwestern states is the reason why many

establishment democrats want him to be the nominee. the people that put donald trump in the white house were the people that voted for barack obama and joe biden twice and then switched and voted for donald trump in states like wisconsin, ohio, michigan and pennsylvania. that's where joe biden has his greatest appeal. the challenge forev biden that shows he only has 33% of democrats right now nationwide that means two out of every three democrats don't want him to be the nominee. most of those democrats are much to the left of where joe biden is. i'm concerned for joe biden that he doesn't have more support, you would think he would have that given the fact he was barack obama's vice president for eight years. >> biden is also trying to have a stronger showing in the second debate. here's what he's saying where his head is at right now. >> i was probably overpolite in the way i didn't respond. >> will you be less polite then?

>> i'll smile a lot. >> what did you mean when you said you wouldn't be as polite in the next debate? >> we'll see. >> all right what do ychltright. what do you think the game plan here? >> i think vice president biden has shown himself to be a capable debater. i think in moments like these, he's very effective after diffusing whatever tension might be in the room with humor. i expect a lot of that from him. i expect him to be the happy warrior come the debate. >> "vanity fair" is reporting on a new fear among republicans on the threat posed by camera harris. the headline is she's dangerous. and gop insiders fear kamala could be the next obama. republicans are talking about her potential to appeal to women, african-american voters, independents, maybe some folks who want a presidential

candidate to project toughness. what are you hearing? >> i'm hearing she's someone that republicans are keeping an eye on. i think she's someone who has some potential, but she's had some mixed performances so far. she had a strong first debate performance. some of the questions she's asked she's had to walk back on certain issues like healthcare and others. she's walking a fine line. i think she wants to appeal to moderate democrats, but she's got a lot of active liberal democrats and progressive democrats that will control who wins the democratic nomination. i'll be watching how does she walk that line between trying to increase her chances of being a strong candidate in a general election without alienating the progressive base of the democratic party. >> howard, do you think kamala harris would be a better candidate than biden? >> i don't know if i would say she would be a better candidate but to justin's point, she has the potential to unify different elements of the democratic

party. that's what the "vanity fair" article was speaking to. though i'm not terribly excited about her being described as dangerous as a candidate yet, but i think she has the potential with her law and order background and being a u.s. senator out of california to unify the democratic party. >> howard, i want to ask about the heightened language on impeachment from house democrats here. listen to what jamie raskin had to say yesterday. >> i would say we're in impeachment investigation. the results of the investigation could lead to articles of impeachment or something else. from my personal standpoint, i think we are in an impeachment investigation. >> how does this impact the 2020 race? >> i don't think anyone knows just yet. i think the house democrats got to figure out which beat they'll march to. it's not entirely clear. there's a significant portion of the house democratic majority

who want to have the discussion about impeachment for this president. nancy pelosi and others feel like it will undermine the case that will be prosecuted by president trump by the democratic front runners as we arrive at a nominee. untim tl the house gets its hou in order on this issue, it will be out there hanging. the president can talk about this. as a punching bag he gets to beat up on it with no one there to defend it. >> thank you for coming on. >> thanks. coming up next on "up," why a nashville radio station was told not to air an interview with mayor pete buttigieg and what happened after that. ter tht a scuba diving trip. woman: ooh! (gasp) or not. you okay? yeah, no, i'm good. earn miles. we'll match 'em at the end of your first year. yeah, no, i'm good. dto experiencer gthrilling performance.

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i'll be back here tomorrow morning. right now it's time for "up" with david gura. ♪ this is "up," i'm david gura. late last night we learned the supreme court sided with the trump administration allowing plans for him to build his wall on the u.s./mexico border. >> we're building a lot of wall right now. a lot of it we've ripped down old wall. we are building a beautiful new wall. >> almost 100 house democrats are pushing for