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

judge merchan is the first to grapple with this new far-reaching supreme court opinion. if he agrees some evidence is now inadmissible in light of that opinion, he could vacate trump's conviction and order a new trial, but expect prosecutors to argue there was lots of evidence. the jury took almost no time to convict, and there's nothing

. >>> right now on "andrea mitchell reports," two more months, judge juan merchan pushing off donaldmp's sentencing in new york city until september, and then adding, quote, if such is still necessary. could the entire hush money verdict be tossed out between now and then? >>> plus, right around now the biden campaign's full staff is expected on a conference call as democratic elected officials' concerns grow about whether or not the president can handle the rigors of a campaign as well as four more years in the oval office. can they turn things around and restore confidence in his candidacy? >>> and it's a huge day in arizona as advocates move closer to getting an abortion rights measure added to the november ballot. the group spearheading the effort says they've not only exceeded the number of signatures needed, they've doubled it and set a new record in the process. >>> and good day, i'm andrea mitchell in washington. big fallout from the supreme court's controversial presidential immunity decision. the judge in donald trump's sentencing in the new york hush money trial has pushed

>> based on the merchan's i doubt it.his is the first of many issues on appeal. >> julie: we'll see if the sentencing happens on the 18th. my bet is no. thank you. the democratic freak-out over president biden's dismal debate performance is only getting worse. more house democrats reportedly looking to pressure biden into dropping out of the race. the white house just denying a "new york times" report that literally just broke before this show that biden is talking to an ally about his options. plus some white house shadow campaigns are already generating buzz. vice president kamala harris is one of the names being floated around along with six other high-profile democrats. >> i think it is going to be an open convention. i think you will see folks like andy beshear of kentucky, josh shapiro and gretchen whitmer contending. the majority of voters were concerned about joe before the debate. now it's a clear majority. >> julie: the fallout from biden's debate performance, reuters reports more than two dozen house democrats

. >> trump's team moved swiftly in asking judge juan merchan a de delay. >> judge merchan has a serious problem on their hands. there were items introduced that i believe are covered by the supreme court immunity decision that corrupts the entire trial and could be grounds for a retrial. >> it is not clear how this will affect trump's 34 counts, judge merchan issued a letter saying he will make a decision september 6 and sentence if such is still necessary. the former president celebrated the delay saying impact of immunity ruling is loud and clear signal for justice in the united states. democratic lawmakers are not pleased. ha hakeem jeffreys, says they will ensure extreme for right justices in majority are brought into compliance with the constitution. voting on not-for-profit ethics council, term limits for justices and reversing presidential immunity decision. all longshots given gop control the house currently. >> ashley: thank you. editor of restoring america kale /* kaylee mcgee white. >> this is nothing new, they have been attacking the supreme court every time they release a d

rbc, judge merchan did not, this is not the law at the time he was approaching his trial.d because this is the law of the land, before the trump sentencing, the whole thing has to be thrown out, not even on substance, per se, just because the procedure did not work correctly. that is where i think they might have a point, alex. >> lisa, the fact the supreme court ruled after the jury issued its verdict special dispensation because judge merchan has not sentence trump, it is up for re-examination? >> reporter: yeah, if the verdict was on appeal, it would be up for re-examination as well, until the verdict and the sentence are fully and squarely finalized, a supreme court opinion can have impact on that case. that is exactly where we find ourselves now. i should note, if trump's trial started when it was supposed to in march, we might not be facing the same situation, at least they might have to interrupt his appeal or to see that differently. at least he would have been sentenced by now. because, through variation of delay tactics, the trial did not start until mid april, t

because this man, judge juan merchan, came to the united states.rated at the age of 6 from clubu. he's one of six children. he was washing dishes. he went to school, graduated -- he's the first member of his family to go to college. he lived in queens. he worked at the manhattan d.a.'s office and the new york state attorney generals and has been a judge since 2006. if there anyone who isn't a fellow new yorker, i beg you find somebody else who's not more new york than judge juan merchan. he is what a lot of new yorkers are, and i think that's a really interesting theme when you think about donald trump having a jury of his peers in this trial. but having a man like judge juan merchan who's overseeing just the personalities, right, and having to be able to manage that, he's done a fantastic job. and i think it's just not good we haven't been able to see that in terms of on video and on audio. >> i love your response because donald trump has attacked this judge. it's not the first time he's attacked judges because of as donald trump says he's unfair

today, judge merchan agreed to delay the sentencing in the case and he's facing up to four years in prison. the sentencing will be delayed so that judge merchan can consider a new motion from trump's defense lawyers. the new motion is because of the astonishing u.s. supreme court ruling yesterday that went further than any legal observer expected in granting trump immunity from prosecution for anything he did while in office the could be loosely be construed as an official act. one of the most radical elements of the supreme court's decision, so radical, justice amy coney barrett wouldn't sign on to this part of the. one of the most radical parts of it is the ruling not only establishes the trump can't be prosecuted for so-called official acts, it means even if his alleged crimes were committed on his own time is a private matter, prosecutors ringing charges against him for those crimes cannot use any evidence in court that relates to any arguably official actions. so, in the new york criminal case related to this payment to stormie daniels, trump's lawyer's going to try to claim essential

the question is whether judge merchan will be persuaded. he has historically ruled against the president, the expectation is that he will do so again. and that this will delay it but sentencing is still going to come in september. >> martha: so with regard to this scotus decision, the act of this particular case was the signing of checks to cover up the stormy daniels situation. they said it was false business records. does the fact that that had to do with something that happened before donald trump was president mean that there is an unofficial act and, in fact, i think his lawyers had argued that that check riding was an unofficial act. so in hope pegs and other exchange can be removed from this will any harm to the underlying case as you said, is this whole ball walks unofficial ask? >> it gets a little murky because, of course, the signing occurred after he was president. the signing occurred in the oval office and they brought in hope pegs to say that he would multitask and he was doing presidential stuff while signing these types of

i think it's a good house keeping step by judge juan merchan.ense to -- to submit its post conviction motion and the prosecution time to reply. so i think it's a good house keeping step. i would note here in terms of the sentencing itself, i think i join others in a large legal consensus in not expecting judge juan merchan to impose any type of incarceration type of sentence, certainly not one that would allow donald trump to serve time while his appeal -- appellate rights are being reviewed. >> so, anthony, for folks that hear what you just said and say is donald trump being afforded privileges that another defendant would not be, what do you say to that? because i understand the good house keeping but there are folks out there that say, hey, why does he get to delay the sentencing? >> well, i think to your broader question ability whether or not there are two tiers of justice here, i think -- i'll start with this, simone. if you or i had violated our gag order, our narrowly tailored gag order ten different times as donald trump had, i think, y

the 34 felony counts that kept going with judge merchan's case in his courtroom and eileen cannon put her voice into this saying wait a minute on this and wait a minute on that. she seemed to be the one bucking the trend. andy, is that a fair read? >> i think it's a fair read with respect to some things. although i think she is giving him a fair trial, which is not something that has happened to trump in washington or new york. the problem with this issue is not peculiar to judge cannon, her detecting of it. justice thomas wrote about this issue in the immunity case. attorneys general have filed a court brief on this issue pointing out and explaining why the appointment was unconstitutional. >> bill: thank you, andy, stand by. >> dana: jonathan, you tweeted this was the three-point shot for trump. the easier basket was the d.c. case despite a far more favorable judge for jack smith. tell us more. >> this is a seismic decision because the immunity decision that was issued by the supreme court was the second of a 1-two punch for jack smith. previously the court had reversed an obstructi

sentencing judge merchan moved it to september 18th. there are real questions.ould -- chief justice roberts. excellent opinion. very clear, very concise, it ought to throw the merchan conviction out the window dicey. jack smith got rebuked. judge chutkan got rebuked. the d.c. panel got rebuked. and the chief justice reminded them all as did the justice 1918 case that was cited in rehnquist, worked for justice jackson in 1952 in the original youngstown, they all say it's the presidency. be very careful. don't rush. donald trump had a great week and he had a great week by not saying much coming in with the chief when it was necessary when the debate. >> bret: we have a request for the president to sit with us. we hope he comes on "special report." thanks. >> bret: finally tonight, today's throw back clear and simple wrong, it's purpose is to right that wrong is. >> bret: sixth years ago today president lyndon b. johnson signed in the civil rights act. discrimination on the base of race, religion, color sex or national origin. leaders such as reverend martin luther

i think judge merchan is likely to side with them.to have to go through this briefing first. we're going to see the sentencing put off by two months. a former president who would have faced a sentence prior to the gop convention now has a comfortable period of time after it before he hears what the court's verdict will be. >> thank you, guys. we appreciate you being here. >>> this week president biden is hitting the campaign trail amid bleak poll numbers and that disastrous debate performance. on sunday he'll return to pennsylvania, the same state where he launched his re-election bid. msnbc's symone sanders townsend and legal analyst melissa murray sat down with a group of black women in pennsylvania to discuss if the campaign can be saved or if it's time for the democratic party to move on. >> did anybody here think that joe biden after seeing that first debate that joe biden should drop out of the race? >> i hope that both candidates would drop out of the race, both. i didn't like either one of them. i didn't think they represented

judge juan merchan.'re looking in newyork him ng former president trump's sentencing until september over . that's following a request from the former president's attorneyg a re thes. now, the original sentencing date, as you'll remember, was set for july 11th, just days before the rnc. but there's a chancely that the sentencing may never happen at all. trump's lawyers intend to argues that the supreme court's decision should voidintend t his felony conviction, and they may get their way. cent feltion andjudge merchan e his response to the trump team, saying in partonse, listen clos. the matter is adjourned to september 18th, 2024, at 10 a.m. for the imposition of a sentence if such is stillf su necessary. joininchg me now, trump surrogae and attorney mark cook. >> mehek those words are pretty important if a sentencing is still necessarypretty i. e t do you and the trump team believe that this gets thrown out altogether? kelly i definitely believe this is going to be thrown outit altogether. the supreme

today in new york judge juan merchan agreed to delay donald trump's sentencing in this case. he's facing up to four years in prison here. that sentencing will be delayed now so that judge merchan can consider a new motion from trump's defense lawyers. the new motion from them is because of the just astonishing u.s. supreme court ruling yesterday, which went further than basically any legal observers had expected in granting trump immunity from prosecution for anything he did while in office that could loosely be construed as an official act. one of the most radical elements of the supreme court's decision, one that was so radical, justice amy coney barrett wouldn't actually sign onto this part of it, one of the most radical parts of it is that the ruling not only establishes that trump can't be prosecuted for so-called official act, it means even if his alleged crimes were committed on his own time as a private matter, prosecutors bringing charges against him for those crimes can't use any evidence in court that relates to any arguably official actions. so in the new york cri

>> judge merchan, what he has to decide has nothing to do with the florida case, it has to do with the supreme court's decision on presidential immunity because there were, according to the defense -- and it is true, there were a number of testimony and documents that were presented to the jury that were created and conversations that happened when donald trump was president. now, obviously the prosecutors are going to argue it was all an official conduct, it was private conduct, it was not an official act. the defense is arguing they were all official acts and under the supreme court decision, you cannot bring official acts into a trial. the jury he's immune for them, and those he's presumptively immune for, they cannot come into evidence. therefore, according to the defense, you have to set aside this verdict. does it mean the case can't be retried, setting aside a verdict means that the d.a.'s office has to retry it without any official conduct evidence. if it happens, that trial will not take place before election day. if the judge decides, no, you're wrong, the defense i'm not set

they will political we'll actions, judge merchan has said he will decide the case by september 6, and then if judge merchan does not throw the conviction out, he will impose sentence on september 18th. all things being equal. i think judge merchan is unlikely to grant donald trump this relief, but it is possible and if judge merchan denied trump's motion, this will absolutely become an issue that trump will continue to raise on appeal, which potentially could end up back at the u.s. supreme court. >> tim, i want to bring you in on this. we should note to our viewers again, the eu formally represented donald trump, a judge, marsha on says, this sentence scene will happen in september. if still necessary. so how likely is it that trump could ultimately get his conviction thrown out in your view? >> i think it's very unlikely and that is standard language that you'd expect the judge to use. so it doesn't appear these pre judged the motion but given the supreme court's decision and really we're talking about an admissibility issue that if there are certain things that are religion could b

because merchan hasn't sentenced him this is all up for re-examination?e still on appeal it would be up for re-examination as well. until the verdict and the sentence are fully and squarely finalized, a supreme court opinion can have impact on that case and that's exactly where we find ourselves now. i should know, if trumps trial had started when it was supposed to in march, we might not be facing it the same situation, at least they might have to interrupt his appeal or see that differently, but at least he would have been sentenced by now, but because through variation of delay tactics, the trial didn't start until mid april, this is where we are given where the supreme court has been. >> judge merchan has been clear in his rulings and he has ruled for trump and special counsel. you have an expectation about how differential he is going to be for this very problematic supreme court ruling that is hazy at best? do you have a sense of where he might go on this? >> i think the judge merchan is in the completely unenviable position because the supreme cour

judge merchan is not likely to take kindly to it, though. >> sandra: great to have you on. great to see you. >> dana: super interesting. pandemic babies and toddlers are school age and displaying the devastating signs of covid era masks and lockdowns. you will not believe how far behind they are falling in developmental skills. plus one of the country's largest farm supply retailers is ditching its diversity, equity and inclusion program. money man charles payne up next with that. ♪ life, diabetes, there's no slowing down. each day is a unique blend of people to see and things to do. that's why you choose glucerna to help manage blood sugar response. uniquely designed with carbsteady. glucerna. bring on the day. every day, more dog people are deciding it's time for a fresh approach to pet food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. wounded warrior project empowers post-9/11 veterans and their families with life-changing programs and services. i faced my ptsd, and i'm

convention. >> i think that judge merchan is conflicted. he should have been recused. i won't harrar hazard to predict what he will do, it is worth notes we raise claims of presidential immunity in the new york case. we believe that the some of the acts that were raised at trial, some of evidence there, do relate to official actions. the jury still out in some respects, i think we'll be continuing to challenge that aspect of new york prosecution it may be a grund that could get u.s. supreme court involved in overturning jury verdict in the new york prosecution. >> gregg, quickly you to, the little bit sway politicalization of our legal system that whether that ul affect the sentencing itself. >> well, it should it won't. let me say, what the dissenters in today's decision don't seem to realize this ruling protects joe biden and future democrat presidents for the same lawfare that biden democrats di deployed again donald trump. >> all right gregg and will thank you so much. >> a new congressional report said michael morell and others were under cia contract when they cl

because judge merchan had already postponed the sentencing to september. people have said let's vacate the verdict. could that happen? >> yeah, it could. i guess i'm skeptical that judge merchan, having watched him over this trial, would go to that extent. but the argument is that the majority opinion by the supreme court says that official actions by the president cannot be used as a evidence in these kinds of criminal cases, and there were -- there was testimony by trump's presidential advisors. and so we'll have to see -- paul: but communications between the president and his advisers, that's protected. >> correct. and so we'll have to see what judge merchan does in new york, but you may have to wait for another ruling all the way up to the supreme court to get a final answer on that. paul: and, kim, briefly, is this whole thing, this whole week and these decisions indicate that the lawfare strategy against trump was really misguided. >> well, and that is why you're seeing democrats freak out, is because this is a little bit of a dagger in the heart in

over at john merchan's chambers in manhattan. he weighed in this afternoon. now delayed to september, and otherwise would have happened next week. on july 11. this delay is coming after manhattan prosecutors agreed to postponement of sentencing requested by lawyers for former president trump hours after yesterday's landmark supreme court ruling on presidential immunity. trump's lawyers asked for a delay in the inten in the -- sentences to brief the court on immunity, argue that trump's conviction for falsecasion of business records must be set aside after yesterday's decision, the new timeline we'll pull up on next series of events in july the briefing from defense attorneys, from then september 6 merchan will decide the motion how immunity impacts the network criminal 1 vicktion, and -- impacts the new york criminal conviction. and then we have 6 presidential debate, and then the sentencing in the new york criminal case. a lot packed in to two weeks in cement. september. supreme court ruled that a former president is immunity from prosecution based on offici

judge merchan has noted he would rule by september 6th . >> look, i think what we are seeing is a goodss here. it is important the judge is giving parties time to brief the issues so he can fully explore them and create a record. we all know that is the basis of good lawyering here. where it is, i am not quite certain yet. one of the problems we are seeing is that these proceedings in new york expose a real problem in the supreme court's opinion, by creating this very i think uncomfortable expansive distinction between official and unofficial conduct, they have really ignored and bypassed this notion that donald trump blurred the lines, and is was in many ways creating conduct related to campaign in his private businesses from the oval office is. how judge merchan will sort that out, i think we will find out when he takes these briefings and issues an opinion . my hunch is, this should not impact the new york case in ways it may impact some of the other federal cases. >> to joyce's point, you don't anticipate heavily fact intensive inquiry by judge merchan, based on what trump's lawyer

we are waiting to hear from judge merchan. but even with all of this new uncertainty, we are in this remarkable place now, right. we are officially in the middle of this mess for the united states of america, where the republican party has nominated someone for president who set off a violent effort to overthrow the government the last time he lost an election, who is starting off the month of july 2024, the month in which the republican party's going to hold its nominating convention. he is starting off that month oi with the cfo of his company serving time in rikers, with his campaign manager and senior white house adviser steve bannon reporting today to federal us prison, and who himself may be o sentenced to rikers or to new york state prison depending on o what sentence he is about to get after his own conviction on n nearly three dozen felony charges.ee excellent job, republican party. great choice.ce i love how democrats are like oh, how did we get into this mess. it's true that not understanding how old 81 years old lo

judge merchan says he will rule by september 6th. >> right.we're seeing here is a good process here. it's important that the judge is giving the parties time to brief the issue so that he can fully explore them and create a record. we all know that that's the basis of good lawyering here. i'm not quite certain the proceedings in new york expose a real problem in the supreme court's opinion by creating this very i think uncomfortable and expansive distinction between official and unofficial conduct, they've really ignored and bypassed this notion that donald trump blurred the lines and was in many ways committing conduct related to campaign and his private businesses from the oval office. how judge merchan will sort that out i think we'll find out when he takes in these briefings and issues an opinion, but my hunch is that this should not impact the new york case in ways it may impact some of the other federal cases. >> yeah. to joyce's point, you don't anticipate some heavily fact intense such inquiry by judge merchan in terms of what trump's

>> en teorÍa pudiera hacer, lo mÁs robles que el juez merchan lo va a tomar en cuenta. sea tan contundente que halla afectado el veredicto del jurado, lo van a argumentar a nivel de apelaciÓn. y pudiera la corte de apelaciÓn regresar el caso a nivel de juicio, o tal vez sostener el veredicto. eduardo: ¿fall pues evidencia que dices que no fue tan contundente durante la presidencia de trump? >> unos tweets que michael cohen lo estaba presionando, durante el juicio de cohen. y un formulario que en parte tuvo que ver con este pago al actriz. eduardo: gracias. . carolina: seguimos con los Últimos detalles de esta niÑa de 12 aÑos, yoselin hungaray que fue asesinada en texas, los resultados forenses por determinantes, la menor parece haber sido agredida sexualmente y se confirmÓ que fue estrangulada . eduardo: un caso desgarrador, tambiÉn sabemos que los presuntos responsables del crimen son hispanos, los venezolanos joan josÉ martÍnez Ángel de 22 aÑos, y franklin josÉ peÑa ramos de 26 aÑos, enfrentan la justicia por homicidio capital y permanecen bajo arresto. carolina: en m

elected to judge merchan's trump's lawyers asked -- witness testimony.ial media posts during trump person her hunting calls -- integrity. trump's lawyers argue that that evidence should know never been presented in front of a jury, of course, come beginning this argument, charles, is that many of the actions, some of the actions that were -- on september 6. the content team says they are willing to appeal this back to the supreme court if term regulation -- immunity ruling but how likely is that? with me now new york trial attorney rebecca rose woodland along with former deputy assistant attorney general tom dupree. tom, the likelihood of maybe the entire thing me shocked? >> i don't see judge merchan doing it at least based on the ruling that he's made some more, is not exactly -- really raise my arm immunity yearly if judge merchan refuses to throw it out. so this issue isn't going anywhere anytime soon. >> martha: remed, alex perry for -- i don't know how -- when you support or to repair the 34 learned this reward decision made a was influential. you

instead, last night, citing the supreme court, trump's legal team filed a motion asking judge merchanw out the conviction altogether. throw out the conviction altogether. joining us now, from manhattan, and legal analyst, catherine christian. what are the chances the case is going to get thrown out? >> well, i think if it makes its way to the supreme court, it might get thrown out. so when justice roberts accused the dissenters of having a tone of chilling doom, you know, maybe that is just a surprise. and what i mean by it gets to the supreme court, i have confidence that judge merchan will find there were no official acts, meaning that anything that donald trump considered immune from, meaning that they went through the court, constitutional powers or any that he would be presumptively used for, because the acts that the defense are saying are official acts are private acts. hope hicks testimony and, yes, she was a senior adviser and she testified to a conversation she with donald trump when he was president. but the testimony was purely regarding a private act. basically the stormy

judge merchan is the first to grapple with this new far-reaching supreme court opinion. if he agrees some evidence is now inadmissible in light of that opinion, he could vacate trump's conviction and order a new trial, but expect prosecutors to argue there was lots of evidence. the jury took almost no time to convict, and there's nothing official about paying off a porn star. whit? >> whit: aaron, thank you. >>> tonight, a new chapter in rudy giuliani's fall from grace. donald trump's former attorney has been disbarred in his home state of new york. he made his mark as a crew saying prosecutor and then mayor of new york city. giuliani losing hi ls law all of it connected to trump's attempts to overturn the 2020 election. giuliani says he will appeal. >>> next tonight, record holiday travel expected for the long fourth of july break. more than 70 million people hitting the skies or the roads. the tsa bracing for 3 million a day at america's airports. and as the summer travel season kicks into high gear, many flocking to the water will find dozens of beaches across the cou

s office was so quick to agree to continuance of the sentencing.e ju it is why judge merchan seems to worried about the jury verdict that he supervised. >> brian: so this meangos for one the rnc will go off without usa hitch and you can actually script it because you will not have the center of attention in jail. want to hear norm eiseman says, a big critic of years and the former president. this is what he said on cnnw ki today.i >> we overthrew king george thel third because we did not want at ruler to have this kind of absolute immunity. and for supreme court has now altered that he read and we have to be honest that we are facing a major party politicall ca candidate, who has said he wants to be a dictator on day one. they have just given him a license for dictatorship. >> brian: dithatd that immunity- did that immunity decision>> created a king and dictator? do you want to take that encore at work >> no, course, it didn't and he's like one of those japanese soldiers fighting in the jue philippines in the 1960s in the jungles.n he tried to get trump on russia collusion oaks with i

does judge merchan ultimately make the decision what should be allowed in and out?ump team and leaves the convictions intact they'll appeal merchan's decision that delays the new york trial and potentially sentencing, too. >> absolutely. look, yes, judge merchan will be the one who makes the first call whether this evidence requires a new trial or setting aside the conviction. he is not going to be the last word. i suspect that honestly whichever way he goes on this, i think you will see the losing side appeal that decision. and then even after the new york appellate courts have weighed in it wouldn't surprise me if the united states security gets called on to make these types of decisions. from the prosecutor's perspective the immunity decision has upset the apple cart. >> shannon: can you give us a look how it impacts the federal cases? the jack smith case in d.c. is sent back down and look through all those things. the immunity case, also applies to the mar-a-lago case and may put dents in that one, too? >> i think it does. it puts major dents in the january 6th

hicks, madeleine westerhout's, a 2018 filing of its ethics report, and trump, his team kept saying to merchanis from the supreme court, can we delay until late that side? now the whole thing will blow up. it has to be reversed based upon the use of official acts. >> dana: you think of all of those people that had to testify, they would not have to do it. richard, why can't the democrats just take a chill? [laughter] >> judge jeanine: i like that. >> richard: expected some form of immunity to come down because of the makeup of the court. it's very obvious in a polarized society whoever picks the supreme court justice determines how they show up at the court. i do for a moment take trump out of the decision and have the conversation about official acts and put it into play with the government oversight committee on the house as they continue to investigate joe biden, which is what they have been doing for the past 18 months with no evidence. all of that goes away because if you are looking at anything the president did when he was officially the president is considered an official act, so this

judge merchan has a very serious problem on his hands. were items introduced in evidence in the trial that he supervised that i believe are clearly covered by the supreme court's immunity decision. that effectively corrupts that entire trial. it could easily be grounds for a retrial. i think that's why the new york d.a.'s office was so quick to agree to a continuance of the sentencing, and it's why judge merchan seems to be deeply worried about the jury verdict that he supervised. >> brian: so this means for one the rnc is going to go off without a hitch. can you actually script it because you will not have the center of attention in jail. i want you to hear what norm eisen said. a big enemy of yours by the way. a big critic of yours and the former president. this is what he said on cnn today. >> we overthrew king george iii because we did not want a rural rulerto have absolute immunity. the supreme court has now altered that we have to be honest we are facing a major political candidate who says he wants to be a dictator on day one. they

what do you see in the supreme court opinion that you would expect to judge merchan to be thinking aboutection point is whether acts are official acts of the president or unofficial acts of an ordinary person. i don't think there is anything in this case, the payment of hush money, the falsification of business records to conceal that, i don't think there is any way to characterize any of that as an official act that would be immune from prosecution. the only sliver of possibility of an argument that trumps team could raise is this other part of the ruling where the supreme court said that the prosecution cannot even use as evidence any official act in bringing the case for unofficial conduct. so in this case you have two go back to the trial and say is there anything about this case that was possibly official conduct? i suppose there is an argument that the testimony of hope hicks, who was testifying about a conversation she had with donald trump when she was a communication staffer for him, is that possibly an official act? i think it is arguable, so i think that could be the issue. i

. >> it's an acknowledgment that yes there is a potentially littable claim but ultimately merchan isng to deny this motion to vacate. >> lawrence: rain or our parade as we gear up tore the fourth of july. one op-ed says enough with the fireworks talking about the fireworks at the white house? because we will in 15 seconds because the second hour of "fox & friends" starts right now. remember, mornings are better when you are watching this show. ♪ >> lawrence: we begin with a fox news alert. more than two dozen house democrats are reportedly preparing to call for president biden to end his re-election effort. >> steve: this comes as a pair of congressional democrats declare they're have no confidence in joe biden's appears to motive term so i say trump is going to beat him. >> brian: lieu custom lynnson live at the white house. >> first the editorial board and columnists and many calling for the president not to run for re-election. that report from reuters which you read off the top. let's dive into the piece, it says, quote: there are 25 democratic members of the house of representat

we don't know, we are waiting to hear from judge merchan. but even with all this new uncertainty we are in this remarkable place now. we are officially in the middle of this mess for the united states of america. we are the republican party, who has nominated someone for president to set off a violent effort to overthrow the government the last time he lost an election, starting when the republican starting off the month with the cfo serving time in rikers with his campaign manager and steve bannon reporting today to federal prison, and who himself may be sentenced to prison depending on what sentencing he receives on nearly 3 dozen felony charges. excellent job, republican party, great choice. i love how democrats are like, how did we get into this mess? it's true that not understanding how old 81 years old looks sometimes is maybe a democratic party mistake but democrats are not the party that picked the guy whose charity was shut down as a fraud whose fake university was shut down as a fraud, whose business was convicted on multiple fraud

judge merchan signed off on the delay and said he would issue a ruling on the question of immunity on september 6th. it's unclear exactly how the supreme court decision could affect this particular case. many experts say that is precisely the problem. the justices implemented a new sliding scale of immunity that must be decided on a point by point basis, where each individual decision can be argued over and appealed, and that likely means plenty more delays. with that, let's get smarter with our panel tonight. lisa rubin is here, our msnbc legal correspondent, axios political reporter hans nichols. lisa, it's legal, which means you are definitely going first tonight. what are the actual chances that this conviction gets set aside, and how can the prosecution just sign off on the sentencing delay? i would have thought they would have fought this thing. >> it's not clear to me, so let me take the second part first. it's not clear to me that they signed up on the sentencing delay all the way until september. i think they were willing to take a little bit of a delay for briefing on the qu

i can see judge merchan after hearing concluding this really was all nonofficial conduct, even if there were some tweets and some statements that donald trump made while president and he will probably rule that, you know, the lion's share of the evidence is untainted by this new supreme court ruling, that we're still all trying to figure out the parameters of. and i would be really surprised if he granted a motion for, for example, a new trial. >> as everyone is trying to figure out parameters, paul, let me ask you about the january 6th case. i brought up this idea of a fact finding hearing, the times actually called it a mini trial. it seems to be something totally new. do we have any idea how it will even work? >> well, the court yesterday in its seismic decision said that in terms of immunity, there are three categories of presidential acts, so if it is a private act, there is no immunity, if it is a core constitutional responsibility, there is absolute immunity. for that, think of things like granting pardons, or vetoing legislation. so even if the president took a bribe for grantin

it will be decided by judge juan merchan, the same person who presided over the trial. and assessments, juan merchan is considered to be pretty pro-prosecution. but even in his order that delayed the sentencing to september 18 isth, even merchan noted himself that the sentencing will happen only if, quote, still necessary. if so it's possible, it seems like he's acknowledging the court could decide here that that recent supreme court decision on immunity means this jury's historic guilty verdict must be set aside for president trump. we'll see what happens. liz, back to you. elizabeth: let's ask a follow-up. so let's say they go through all of the evidence, right, that the trump team is going to present that basically says, you know, this piece of evidence should never have been admit canned, you know, supreme court immunity ruling covers that, you have to knock it out. lydia, wouldn't that take weeks to go through all the evidence too? >> reporter: yes, it absolutely would. and the judge has issued a timeline, actually, in which he's going to, you know, consider the ar

>> yeah, i think judge merchan iser retrieveably conflicted here. he should have been recused off the case. i won't hazard to predict what he does at sentencing, whatever at sentencing we'll be vigorously challenging that judgment at appeal. we noted we raised claims of presidential immunity in the new york case. we believe some of the acts were raised at trial, some evidence used there do relate to official acts. so the jury is still out to some respects. we'll be continuing to challenge the new york prosecution that could be a ground that could get the u.s. supreme court involved in overturning the jury verdict in that new york pros. david: gregg, very quickly to you, brother, the subject of whole politicalization of our legal system, whether or not that will affect the actual sentencing itself i can particularly because of their fears biden did so badly in the debate? >> well, it should but it won't. let me just say this, what the dissenters in today's decision don't seem to realize is this ruling protects joe biden and future democrat presidents

of the remaining two charges but jack smith is hoping as he get as break of the alvin bragg judge merchanype and one word of evidence presented and 18 u.s. codes 371 and two remaining and you read this in guidance and the grand jury indictments and you'll notice all the trampling all over the free speech and jack doesn't care and jack's a hunter. there's another section and the other law that's left is 18usc and section 241 and ku klux klan act of 1871 and that's what it is and look where jack is going to find the laws trying to apply against trump and going to injure, threaten or intimidate a person in right or privilege and constitution or laws in theout and his or her having a right and this is basically a civil rights law. it was passed because it was directed and named at klan preventing black people from voting from exercising their constitutional rights and elections and other activities. this has nothing to do with january 6. nothing. so that's what's left in the so-called january 6 case and i've heard people say if jack smith wants to go ahead, he could just forget about the obst