eliminating the senate filibuster for the use of responding to supreme court rules on privacy such as abortion. the president saying russia cannot be allowed to assert its authority over ukraine. so the u.s. will need to help ukraine defend itself for as long as it takes, despite the impact on oil prices and inflation. here at home, the january 6 committee subpoenaed trump white house course pat cipollone. it's not clear whether he will show up to testify. committee vice chair liz cheney got a standing ovation at the reagan library where she asserted that all-star witness cassidy hutchinson's testimony was accurate and truthful and denounced president trump as being an opponent to the constitutional rule of law. >> we have to choose, because republicans cannot both be loyal to donald trump and loyal to the constitution. >> we begin with the supreme

court and nbc justice correspondent pete williams, tom goldstein and kimberly adkins-store. pete, take us through the significance today. >> we hope to see -- we hope the supreme court will stream it on the website. we are waiting for that to start. the court said yesterday it would start right at noon. >> is that because they are streaming it because of the covid restrictions on the court? >> yes, i think that's part of it. of course, the security environment at the court. the big fence that's around it. it won't be the first time we will have seen one of the swearing in ceremonies on television. the first time they did that was for sonia sotomayor. this will be a scaled back version. members of her immediate family. john roberts will start the process. he will give her -- all justices have to take two oaths of office. not just the constitutional like

you see the president take at the inauguration, but they also have to take a judicial oath. roberts will administer one and stephen breyer, now a civilian, because as of noon he is no longer a justice, will administer the other. i suspect she will make brief comments. >> as you showed us, there was a letter to the president from justice breyer yesterday. a very bare bones but poignant to many. stepping down after 28 years as he told the president, importantly, in january, but deciding do it at the end of the term. the court signiied yesterday that today would be the end of the term. >> yes. he doesn't say why he is stepping down. i suspect that part of the calculus may be his age. he will be 86 in august. if there's a problem with the senate being able to confirm anybody and he has to stay

around longer, then i think he was thinking, what affect would that have on his ability to function as a justice. it seems like he decided this is the right time for him to step down. of course, he had praised ketanji brown jackson when she was nominated as somebody who is smart and very capable. >> in fact, he resisted pressure -- because there's been pressure for two years, certainly since ruth bader ginsburg's untimely death, as the oldest member of the court and after what happened with ruth and the fact that merrick garland famously didn't even get a hearing because of mitch mcconnell that the same thing would happen. they wanted while joe biden is president to make sure that that didn't happen again. >> there was a lot of pressure on him and expectation last term at the end of last term whether he would step down. he clearly decided to stay one more term and decided that this

is the right time for him. she was confirmed, of course, in april, with some bipartisan support. she has a lot in common with justice breyer. she served on the sentencing commission as he did. she has an interest in some of the same issues. as we have said, she will be the first supreme court justice since thurgood marshall to have experience defending criminal defendants. she was for a time a public defender. she brings that additional experience to the court. as they say, every new justice makes a new court. the relationships change. justice breyer had been around so long, he was so well regarded. when the chief justice announced from the bench that justice breyer would be stepping down, he got sort of choked up and emotional. he has sort of, i think, filled the role of sandra day o'connor as what passes for the social director, i think. he sat next to clarence thomas for so many years on the bench.

i think he is well regarded by everybody. now we can see inside. >> yes, indeed. here is the chief justice. >> to become and associate justice of the supreme court of the united states. before we do so, i would like to recognize dr. patrick jackson, who is here, her husband, and her daughters. the administration of the oath is required both by the constitution and by the judiciary act. we will be delivering two. i will deliver the constitutional oath. justice breyer will administer the statutory oath. there will be a formal investiture in the fall. it will allow justice brown jackson to undertake her duties.

are you prepared to take the oath? >> i am. >> please raise your right hand and repeat after me. >> i ketanji brown jackson do solemnly swear that i will support and defend the constitution of the united states against all enemies foreign and domestic, that i will bear true faith and allegiance to the same, that i take this obligation freely without any mental reservation or purpose of evasion and that i will well and faithfully discharge the duties of the office on which i am about to

enter. so help me god. thank you very much. i will turn things over to justice breyer. >> the judicial oath. raise your right hand. thank you. i ketanji brown jackson do solemnly swear that i will administer justice without respect to persons, and do equal right to the poor and to the rich, and that i will faithfully and impartially discharge and perform all the duties incumbent upon me. as an associate justice of the supreme court of the united states. under the constitution and laws

of the united states. so help me god. >> on behalf of all of the members of the court, i'm pleased to welcome justice jackson to the court and to our common calling. [ applause ] >> with that very ceremonial, perhaps perfunctory, the first black woman to the court. pete williams and tom goldstein,

kimberly store, our editorial writer from "the boston globe" and msnbc contributor as well. and janey nelson from the legal defense fund. let me ask you about the history that was made in those swear moments. >> it was historic, indeed, to have the first black woman supreme court justice in a time such as this where the supreme court is in turmoil and the credibility of the court has been called into question, to have this historic moment happen at this time provides a little bit of faith and hope in this institution and its future. ketanji brown jackson will not only be the first black woman, she will be the first former public defender. she will bring a perspective to the court that has never been on the court before.

she will be the first person to have defended criminal defendants and people charged with criminal offenses since thurgood marshall, the founder of the legal defense fund, who was the first black associate justice. she now stands in line with people who helped to diversify the ideology and professional experiences of the court. and her arrival could not be more welcomed in this moment where we are deeply challenged by what the court represents and the integrity and the crisis of confidence that the public has in the court. it has the lowest approval ratings we have known in modern history. i hope that she will change the alchemy on the court in some ways and she will be a stabilizing agent at the center of the court and along with some of the other justices who i believe have a more rational view of how to interpret the

constitution and our fundamental rights. >> pete williams, your thought thoughts? >> it's strange to see one justice pass the torch to another one. usually, we have a long gap. one minute stephen breyer was justice breyer and as soon as she took the second only, he was no longer a justice and she became a justice. this doesn't happen, this sort of fast handover of the reigns. it does give her the chance to spend all summer getting prepared for the cases. that's something that a lot of justices, for example, stephen breyer, did not have that opportunity. they were not justices until just before the term started. she will have all summer to get accustom to the place. of course, it's familiar territory to her because she was a clerk there. but she also can do all the homework that's required to get ready for the term that's already got some hot button cases on affirmative action, on redistricting and how much authority a minority should have

when states redraw the congressional boundaries. just today, the court agreed to make a momentum case on whether state legislatures have the final word on conducting elections more so than the courts. >> expected to be in 2024 as well. we have at least 17 cases where election deniers are running for governor or secretary of state in league with republican state legislatures. tom, let's pick it up there. this court, this controversial court after a controversial term, especially the last couple of months, is leaving with a bang, not a whimper by taking up these other cases and by two big decisions today. in particular, let's talk about the epa and any president's ability to regulate climate change by having the epa do cap and trade and other specific ways of controlling carbon emissions.

>> that's right. the congress has been unable to pass legislation to address the problem of climate change. the biden administration said, we're going to by regulation -- the supreme court said today, we're sorry, but congress is going to have to pass a law. this is too big a deal for it to implicitly have been left to the regulatory agents. that's a problem not just with respect to climate change but to the administration generally because it's so hard to get serious legislation passed through the congress. that means that -- your agencies can't tackle this. >> kimberly, let's talk about some of the other rulings. in particular, the remain in mexico ruling. the biden administration won this 5-4. the three liberals lining up

with justice kavanaugh and the chief justice saying the biden administration can end the trump policy of remain in mexico. that will mean as many as 1 million more immigrants seeking asylum on this side of the border. this is a case they may not be that happy they won, politically. >> well, it's not entirely sure legally that they have won it yet. what the court ruled is that the executive has the ability to rescind an order put in place by one of its predecessors. there are still specific processes that need to be followed. what the court did was actually remand it down to the lower court to determine if the biden administration followed those policies. it said more broadly that that power exists, but there's more to be litigated. i think it will be a long time before we know exactly how that is going to shake down. you see in the last two opinions, after rulings in which

the chief justice really seemed sidelined and marginalized, particularly in the dobbs ruling overturns roe and the last two rulings, the chief stepped back, siding with the conservative side, and then with the liberal side, and trying to reassert that. in the years ahead, i think that's what we need to look at, to see if this remains the roberts court or if that 6-3 ma juror til majority tilts it. >> when you think about justice roberts' role, he had been dominant. two years ago we were talking about the roberts court and how he was asserting himself in very important ways. just in this abortion ruling, it seems to an outsider looking in that after the draft, after the leaked draft, which was so devastating to the court, so

unprecedented, and so corrosive to traditions there with an investigation and the like, that perhaps in the past there would have been an opportunity for the chief to have, in conference shaped or softened around the edges upholding the dobbs rule, the mississippi ruling, 15-week ruling but not overthrowing roe v. wade. it was clear that justice alito felt empowered to be very assertive and clarence thomas more so in his opinion. >> i think the court's conservative super majority is large and in charge now and is eager to make up for lost time. one of the things that the dissenters said they marched faster than they needed to. the chief made it clear when the case was argued in december that he wanted to try to find middle ground. he didn't have any takers for it. i think it's nice to have the last business of the supreme court to be this ceremony.

everybody can enjoy, everybody likes these ceremonies. i think every member of the supreme court is glad that this term is over. >> the president, perhaps more than anyone else. the president in madrid, commenting about the court in a question and a follow-up from kelly o'donnell, in madrid. >> support, changing the filibuster rules to codify abortion rights broadly across the country. >> right to privacy is not just abortion rights, but, yes, abortion rights. >> are you the best messenger to carry this forward when many want you to do more? >> yeah, i am. i'm the president of the united states of america. that makes me the best messenger. i really think that it's a serious, serious problem that the court has thrust upon the

united states. i'm the only president they got. i feel extremely strongly that i'm going to do everything in my power, which i legally can do in terms of executive orders, as well as push the congress and the public. >> there's been some speaking out, some criticism from progressive wings of the democratic party that the white house and this president did not do enough in advance of the roe ruling to try to work around it, to try to get other things done, including medication abortions and other rules put in place. not a lot of pushback that they could have done. now the president endoring a filibuster change in this instance. >> yes. that's a refreshing and welcomed development. frankly, long overdue. the filibuster is an anti-democratic measure that

needs to be questioned and challenged. i think we gave the supreme court an opportunity to act. and it did in a way that was illiberal and thatfrankly distorted the constitution that had been five decades in the making. it reversed its own precedent to do so. i'm glad the president has begun to open up a conversation about questioning the filibuster. i hope that that extends to legislation on voting rights. that is really what matters here. that's what will allow the majority of people in this country to determine the policy that will govern reproductive rights and so many other issues and civil rights that matter most to all of us. if we welcome at the polling, we know that a super majority of americans believe that people should have the right to choose when it begin a family and whether they can carry a

pregnancy to full term. so many other issues that might be threatened by the dobbs decision. it's helpful we are questioning the obstacle that the filibuster is and that has basically made congress another dysfunctional branch of our government. that combined with the over politicized supreme court. >> thanks to you all. on an historic day. the january 6th committee wants to hear from pat cipollone who has been resisting testifying and was a central figure in cassidy hutchinson's bombshell testimony tuesday. >> mr. cipollone said something to the effect of, please make sure we don't go up to the

capitol, cassidy. keep in touch with me. we're going to get charged with every crime imaginable if we make that movement happen. e imae make that movement happen.

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the january 6 committee has subpoenaed trump white house counsel pat cipollone to testify. this after testimony from trump white house aide cassidy hutchinson placing cipollone at the center of events. according to her testimony, cipollone tried to get the

former president to do something about the violence at the capitol. warning against trump going to the capitol as well as telling him his efforts to overturn the election were not lawful. the subpoena coming hours before a blistering speech last night by liz cheney, the republican vice chair of the committee, who spoke at the reagan library. she said republicans must make a choice and pick the constitution over trump. >> at this moment, we are confronting a domestic threat that we have never faced before. that is a former president who is attempting to unravel the foundations of our constitutional republic. oned only look at the threats that are facing the witnesses who have come before the january 6 committee to understand the nature and magnitude of that threat. it has become clear that the efforts donald trump oversaw and engaged in were even more chilling and more threatening than we could have imagined. we have tochoose, because

republicans cannot both be loyal to donald trump and loyal to the constitution. at this moment -- [ applause ] >> joining me is barbara mcquade and robert gibbs. thanks to both of you. barbara, first of all, cipollone apparently warned mark meadows, the chief of staff, there would be blood on his hands -- that's not the way he phrased it. it was a little more emphatic, shall we say, profane. blood on his hands if nothing were done to stop the violence. the committee wants cipollone to testify next wednesday. his lawyer says he is weighing what he can say based on etch he can -- executive privilege. can he fight the represent? he doesn't represent president trump. he represents the office of the presidency of the united states. is the executive privilege claim

limited to specific -- potentially specific questions? >> yes, i think there's room to negotiate here. my guess is that's what's going to happen. he does have legitimate claims of attorney/client privilege and executive privilege. as you say, it's important to distinguish who his client is. it's not donald trump. it's the office of the presidency. to the extent donald trump was trying to abuse that power or steal the presidency, then his loyalty lies with the office and not with the man. also, there are other areas that could create room for conversation. for example, if a third party was present, michael flynn or roger stone or anyone else who is not protected by the privileges, then there's no privilege. with regard to executive privilege, as we learned in the nixon days, that is a qualified privilege. it's not absolute. it must yield when there's another interest that outweighs it. of course, they found the january 6 investigation does outweigh that interest. the committee has a lot of good

ammunition to negotiate with. my guess is that they will reach some middle ground where he doesn't answer every question but gives them what they need. >> to robert, talk about the political fallout from the hearing. the former president and his allies immediately jumping on and in fairness the secret service -- the two secret service members questioning aspects of her testimony, but liz cheney saying at the reagan library that everything she said, that cassidy said, was accurate. >> liz cheney feels confident in the testimony given. i think broadly, the hearing itself and what we heard from cassidy hutchinson was astonishing, shocking and devastating. i don't think anybody would step away from that.

the first reaction you saw from trump world was, we don't know who she is. we don't know her. she's not that important. she didn't testify that she was important. she testified to what she heard. secondly, i think this is really important for your viewers and for everybody to understand, i love the secret service. i watch them protect the president. i watch them protect me. in reality, background source, an unnamed background source to a reporter saying something didn't happen is not and should not be equal to a 25-year-old who walked in, put her hand on a bible and swore to tell the truth. i think the challenge is this testimony has put greater pressure on hearing from secret service, from pat cipollone, even from mark meadows. their resistance in testifying would only have us -- would only lead us to believe that exactly what we heard from cassidy hutchinson is true.

>> to barbara, the legal implications for all of the challenges to aspects of her testimony -- it was the most dra dramatic, thinking about the president grabbing the steering wheel, but legally and politically, there was no challenge to the fact that he knew they were armed, he encourage them to come. he wanted to go with them. he was furious he couldn't go with them and that he had to return to the security of the white house. he encouraged the insurrection. barbara? >> i agree with you. i think this is the tail that wags the dog. it's an irrelevant detail whether he did or didn't grab the steering wheel. she repeated a story she was told. it's a story she heard someone else tell. if you want to get to the truth,

talk to the people who were there. he wanted to go to the capitol. that's what matters. also, that he knew that the mob was armed when he urged them to go to the capitol and when he refused to take action to call them off and when he sent that tweet that said that mike pence was a coward. all of that testimony has not been disputed. that testimony is easily corroborated by the testimony of others. that's what advances the story. she also said some things that are very important to highlighting the importance of hearing from pat cipollone and mark meadows, who were having these conversations with donald trump in real time. >> i don't think you will hear from mark meadows given he has been willing to defy a subpoena and he was not acted upon by merrick garland and the justice department into taking action against him. unlikely that. cipollone, as an officer of the court, has some obligation now to deal with this. has been publically pressured.

finally, robert, you know the west wing well and those offices. there's no question from having been in there -- i didn't live in there the way you did during the previous administration -- previous democratic administration, but there's no question in your mind as to the proximity of her office to the oval office, the small dining room off the oval office, the fact that she -- nobody is questioning whether she wiped the ketchup off the wall and helped the valet and overheard conversations, because she was right there. those are very narrow hallways and a short space. >> none whatsoever. she was in the closest proximity that any staffer might have been to the president of the united states. the idea that she didn't understand who she was is silly. i totally agree with what barbara said. the immateriality of whether he lunged or what he did in the

limousine -- he was trying to get to the capitol to meet the insurrection. that's undeniable by anybody. >> thanks to both of you. as long as it takes, president biden heading home from the nato summit after telling americans the united states will keep helping ukraine defend itself, despite the impact on gas prices and inflation. this is "andrea mitchell reports" on msnbc. s "andrea mitl s "andrea mitl reports" on msnbc. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein.

president biden concluding the nato summit in madrid by restating his commitment to help defend ukraine for as long as it takes and celebrating nato's expansion to include finland and sweden. during the meetings, the president announcing the u.s. would station additional troops in poland, sending another $800 million in military aid as well to ukraine. including weapons like air defense systems. >> putin thought he could break the transatlantic alliance. he tried to weaken us. he expected or resolve to fracture. he is getting exactly what he

did not want. he got the nato-ization of finland. >> joining us is james stavridis and jonathan lemire. he was in madrid. admiral, what is the expansion with the addition of finland and sweden? what does that do for the alliance as well as putting u.s. troops permanently in poland? >> first and foremost, they are absolutely terrific partners. we welcome them as allies. they deployed in combat alongside us to afghanistan, libya, the balkans.

these are two terrific nations. this is a plus up for nato. that border is something putin has to worry about. now he has said he will move russian troops to counter the addition of the nations. guess what? that means those are russian troops no longer available for his increasingly flailingly operation in ukraine. huge plus. point two, putting u.s. troops in eastern europe, when i was supreme allied commander, i could only dream of having a three star army general in warsaw. that's what's happening. that staff will be superb. it will guide the efforts of the rotational troops behind it. it strengthens our defenses. nato is a defensive alliance. i have seen and read and

participating in writing every nato war plan. there's no offensive war plan. this is about defense and deterrence. it's a very good day for nato. >> jonathan, the president suppressing that the u.s. and allies support ukraine, come hell or high water, really. let's watch. >> we are going to stick with ukraine and all of the alliances will stick with ukraine as long as it takes to make sure that they are not defeated by ukraine -- excuse me, in ukraine by russia. by the way, think of this. ukraine has already dealt a severe blow to russia. russia, in fact, has already lost its international standing. >> jonathan, right now ukraine is taking a brutal beating from russia. russia is taking a terrible

beating as well for its troops. they have more troops to put into this. how long, according to president zelensky, how long can ukraine hold on against this bombardment? they say they need more help. >> yeah. there's no question, first and foremost, the original russian goal of a lightning strike to decapitate the government, that failed. right now, they have to focus on the donbas in the eastern part of ukraine. since they have done so, they have made progress. it's slow. it's grinding. it's grueling. but it has been undeniable. we heard from president zelenskyy repeatedly saying that they need more weapons. the president today at the news conference said more funding for weapons was on its way from washington. a growing debate is emerging about the time line of this war. zelenskyy telling nato leaders this week at this summit that he really wants to have this war over by the end of the year. that includes a ukrainian

counteroffensive to win back the territory that they have lost to the russians. zelenskyy saying it's important to do that before winter. once winter sets in, the fighting will largely stop. the fear is the russians will be so entrenched in the territory they have taken that it will be more difficult to get them out come spring when they have been able to reinforce. the western allies feel like that's not realistic. they are not sure ukraiians will be able to do that. what is clear is president biden says, he said it repeatedly today, that the u.s. would be with ukraine in terms of money, weapons and also in terms of enduring the resulting gas price hike that has stemmed from this war. no question that inflation remains number one. that and the overturning of roe v. wade. the president says despite that noise back home, his commitment to ukraine is unwavering. >> the president has a proposal to try to cap oil prices. it's unclear whether that can

actually be done. it's an attempt to try to hurt russia, which is still selling so much oil and financing its war to try to unilaterally hurt russia with an oil cap, it's not clear that without opec plus and the rest that he can get away with that, the way that plan will work. admiral, finally, nato emerges more united, covering up some of the concerns that some of the weaker partners, some of the nato leaders are notably weak at home, most notably the brits and french right now with their political problems back home and the germans are trying to stand up to it. in papering over this, what is the end game? i have been talking to officials about this. the end game has to be some sort of negotiated solution eventually. right now, ukraine doesn't have the leverage because russia is at least right now on the ground making slow gains. how do we get ukraine to the

point where it can try to get putin to the negotiating table? >> yeah. see paragraph one, put the tools, the weapons in the hands of the ukrainians. they will fight. continue the economic sanctions. the oil cap is worth trying. keep the port of odesa open so the ukrainian economy can flow and grain can get out and continue to diplomatically isolate russia. it's a multi-part plan. the administration, i think, has it well in hand. this is going to be a success for the administration. >> admiral, jonathan, safe travels home, jonathan. hillary's harsh words. her scathing rebuke to the supreme court. that conversation with my colleague yamiche alcindor in aspen is coming up next. you are watching "andrea mitchell reports" on msnbc. mitchell reports" on msnbc

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former secretary of state hillary clinton, a fierce supporter of roe v. wade, speaking out about the supreme court's abortion decision at the aspen ideas festival during a tribute to madeleine albright, her great friend and former secretary of state. that moderated by yamiche alcindor. >> it's the most arrogant, misreading of history and law that you could ever find.

it is so narrow and baseless. [ applause ] you know, it's -- look, it's a results oriented decision. i found that it was not only ignorant but almost dismissive to the point of contempt for women's lives and women's choices and the difficulties that women of all backgrounds -- this has nothing to do with your opinion, your personal opinion, your religious belief. that was the point of choice. >> joining us now, live from aspen, yamiche alcindor, who is the moderator of washington week on pbs. you got a chance to speak with secretary clinton after the panel separately about president biden and the 2024 election and even herself. what did she tell you? >> as you noted, secretary

clinton did issue a full-throated condemnation of the supreme court decision overturning roe v. wade. she also, of course, talked about 2024. she said that she would endorse president biden if he ran for re-election. take a listen to that moment. >> if he decides to run, he is a sitting president. >> would you endorse him? >> look, i would endorse our sitting prest, yes, of course. this is a silly question. let's go with the person most likely to win, joe biden beat in a huge landslide victory in the popular vote donald trump. i think that says a lot. >> this, of course, comes at a really interesting and fraught time for president biden. a lot of talk about whether he should run for 2024. there are a lot of democrats who won't do what secretary clinton just did, which is say very clearly that she would endorse him, including aoc and progressive democrats who said they will wait and see what happens in 2024. she said that if democrats don't

want to endorse president biden, say they will, that's their problem. she was turning a little of a criticism there to other democrats who won't say that. it's coming as president biden is signaling to close aides he wants to run she's not going to do that again. yamiche, great that you got that interview. thank you very much. and the nbc news group is the media partner for the aspen ideas festival. and the border crisis, just days after a gruesome tragedy, the

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supreme court today and a big win for the biden administration, but creates problems at the border. the trump ruling, that donald trump's policy to block entry at the border for millions of migrants can be lift. the decision coming on the heels of 53 migrants dying in texas after being trapped hideously in a semi in swelters heat. and texas officials just reporting another incident involving four migrants that have died. juan is joining us from texas. the tragedy of these people is just unspeakable and now you've got this ruling from the supreme court that says that more people can come across the border to seek adjudication for asylum requests and don't have to remain in mexico. so it means more people coming across and that, politically, inflates the numbers because they were falsely deflated if you will, if we're doing a head count here as many texas

officials have been doing and beating up on the white house. >> reporter: that is correct. everything's going to change when they have a policy change. but not with this. that will allow the policy to end. that will protect migrants from dangers they were facing in mexico. these are migrants that were facing dangers in mexican border cities. so now the biden administration as you mentioned, will allow them if they are given the opportunity to seek asylum, they can remain in the country. let's remind people that border officers have to give everyone an exemption, but the deaths we've seen, that's another problem. what advocates are saying is we need some type of reform to the system. the mexican president has asked

legislators here in the u.s. to create some type of visa system for workers that want to come into the u.s. we have a labor shortage, he's argued, and we have people that want to come into this country who end up finding jobs. so he's asked the american congress to figure out a way to create a visa for these low skilled workers and you would solve some of these issues perhaps. maybe people wouldn't be taking these risks to come into the country because ultimately what most want to do is work in the united states, but it's a very complex problem. you also need some type of humanitarian effort in places like texas with high temperatures. something to help a lot of these people taking the risk. it's a complex problem that requires a complex solution, andrea. >> not a bumper sticker problem at all. thank you very much. and that does it for this edition of "andrea mitchell reports." follow us online on facebook and

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