it was remarkable and terrifying. the bus swarming, uncontrollably through rush hour traffic and hitting cars, then barreling on investigators said today it all started with an argument between two passengers, one of them was killed when according to police, the other grabbed his gun and shot him investigators say the suspect then threatened others in order, the driver to get on the road. this as passengers frantically texted loved ones and call 911 for help. thankfully, police finally stopped the bus and arrested the suspect, but that's not all police now say the man, a convicted felon was at the scene of a shooting earlier in the de he spoke with our local affiliate alleging he witnessed it, only to be suspected of hijacking the bus moments later. >> quite a story. the news continues right here on cnn outfront next, a breaking news, the house holding the attorney general in contempt, marjorie taylor greene, saying, merrick garland deserve to go to prison what backfire? >> flaws, more breaking news in new york, police arrested man found a loaded gun, 100 rounds of ammo, heavy body armor, and two axis what was he plotting? a donald trump says he's living at quote, nightmare as he prepares for sentencing. how was onetime opponent ron desantis, could copy it, was ready let's go out front good evening, america hill in for erin burnett outfront tonight, breaking news held in contempt and now threatened with prosecution. the republican-led house voting tonight to hold attorney general merrick garland in contempt for defying a congressional subpoena just one republican in the house voted against the measure. and right after that vote, house speaker mike johnson, not ruling out the possibility of prosecution. republicans claim tonight's vote was about garland's refusal to hand over audio tapes of president biden's interview by the special counsel in the classified documents case the doj has of course, released transcript of the interview republicans though, want the tapes to it's time for merrick garland to stop stonewalling and released the biden tapes to a question that should be asked is, what are they hiding? >> and why we think we're entitled to? we don't think we know we're entitled to all the evidence. and that includes the best evidence which is this audio tape there is some irony there. of course, congressman jim jordan, who just heard from their himself has defied a congressional subpoena. it's really not just about defying a subpoena over audio tapes take a listen to republican congressman james comer on the house floor today president biden's department of justice appears to be taking every step to insulate him from the consequences, whether it's hiding these audio recordings are attempting to give hunter biden a sweetheart plea deal to shield joe biden from facing accountability for his role in his family's influence, peddling schemes so it is important to note here republican spent months investigating biden so-called influence peddling schemes as you just heard them referred to and admitted that they came up with nothing. they wanted to impeach him for it, but knew they didn't have votes in their own party for that when it comes to hunter biden, it's important to remember, of course, that plagued dale famously imploded. he was convicted this week by a jury on federal gun charges, prosecuted by the same doj republicans accused of protecting joe biden going out for the doj though is exactly what donald trump wants. the former president furious over his new york state conviction, which of course is not under the doj's purview, and also furious about those other pending cases now all of a sudden within a matter of months, i end up with four cases now, of course it's from the white house and the department of justice. they are in total conjunction with the white house and the doj, just so you understand this is all done by biden that his people whole thing is rigueur and it's all caused by biden because biden has weaponized the department of justice moderato is outfront. >> i capital hilson. i know you've been speaking with republicans since this vote. what are you hearing? >> yeah. there's a realization, erica, that perhaps not a whole lot is going to happen here, even though this is an incredibly rare event and was the attorney general of the united states reform hurd for prosecution essentially for contempt for defying the house over a subpoena. and in this instance, in particular, this would go to the us attorney he's office here in the district of columbia. they would have to make a decision about whether to move ahead with prosecution, but there's also a separate wrinkle here. the president, the united states has asserted executive privilege over these audio recordings of the republicans want. and that is the position of the executive branch and the justice department saying, because the president has asserted executive privilege, they can not released this to congress. and then ultimately the courts may have to decide whether or not the justice department is right in that position, and that can take some time to sort out in the meantime, though, there are still anger within the ranks, including from some republican hardliners who are calling for prosecution of the attorney general and even prison time. >> is merrick garland above the law. >> i mean, i thought the whole argument is that no one is above the law. >> now that we've held him in contempt of congress to be prosecuted by the department of justice. and he deserves to the exact same fate as peter navarro and seed bannon. >> everyone department joseph's isn't going to go prosecuting attorney general. i mean but it's more symbolic. >> how would call to hold him in contempt. >> we'll see what he does. i mean, hopefully we'll look at this and see their overs ways and is the speaker of the house was walking off the floor tonight. >> he was asked by our colleague kit mar about whether or not he believes that the justice department should move ahead with the prosecution now and he said that he is pleased with the outcome of the vote. he went on to say, look, we did our job and contempt as i think it sends an important message, but then he said, as far as the next steps, we'll see what happens next. but in talking to lots of republican side, erika, they don't expect a whole lot will happen after this intense fight with the justice department tenses. it's certainly was my to appreciate the report thank you. out front. >> now, democratic senator sheldon whitehouse, who sits on the judiciary committee, sent her good to have you with us tonight. i do want to note for transparency here, cnn is suing for access to the biden audio tapes. your senate colleague, democrat mark warner told the ap quote you've got to release the audio. do you agree i think that the attorney general has an obligation to follow the direction of the president of the united states. >> when the president of the united states asserts executive privilege you can't go after the agent when the principal has said no, this is an executive privilege matter. that's the thing you sue over. you sue the president and say in a civil for case to a court, hey, this was an improper assertion of executive privilege. the rich thing here is that republicans continuously instructed us the trump administration continually obstructed congress over and over and over again, over 100 times, as i recall. and virtually never did president trump actually assert executive privilege so it was asserted by all of his minions, but he never actually made the assertion here are the president did what the reagan memo from years ago requires the president to do and make the assertion once he's done that, that binds the attorney general, i believe even going after the attorney general is improper and unfair. >> so you're saying republicans went down the wrong road. there is what i'm hearing from you. i do want to get you in a couple of other topics, so well, i would love to get your take on hunter biden tonight as well, sir as you know, convicted and criminal court on gun charges, president biden has said that he would not pardon his son, but the white house today didn't rule out the possibility of the president. perhaps commuting and eventual sentence. would you be okay with that i think that the course of justice should be followed. >> i don't think the fact that somebody is the president's son entitles them to be out from under rule of law. >> the president i guess, gets to make that decision and once he sees what the sentence is but having been a united states attorney the sentence for a first offender in a reporting crime like this particularly with the overlay of his drug addiction and the judgment impairment that relates to all of that i'd be really surprised if the sentence in this case was enough to justify anybody thinking about commuting it will be watching for sentencing if you went away at this point you said, as i noted on the judiciary committee, justice alito has refused to recuse himself from january 6 cases saying to you and senator durbin in a letter last month on the flag's use by january 6, rioters likes flown outside his home homes were not put up by him, but by his wife and into mating in that letter that the flags flown in response to neighborhood politics, he wrote in that letter that she his wife was quote greatly distressed at the time due in large part to a very nasty neighborhood dispute. >> and when that's not a house on the street at displayed a sign attacking her personally so the aaron spoke with that neighbor who laid out this timeline of events. take a listen i just want to emphasize that the interaction that happened on february 15th is the one that they're using as an excuse for why they flew the flag. >> and i really want to hammer home the fact that that happened on february 15th and their flag went up two or three weeks before that, at best, he's mistaken, but at worst he's just outright lying so she says, justice alito is mistaken or outright lying in terms of that time lame. >> do you feel you need further clarification from justice alito yeah. >> and the problem is that with respect to the nine justices of the supreme court, and those nine individuals alone there is no place his in the law for any proper fact-finding to take place every other government official is subject to fact-finding. even the president had to submit to an interview about the documents in his his garage. these justices won't allow themselves to be subjected to honest fact-finding. so we now have this statement from a justice of the united states supreme court that is demonstrably false unless he was a time traveler. so we really need to fix the rules over there. and that's why this supreme court ethics effort that i'm engaged in is so important, they should not be on an island of their own creation where no fact-finding about what the truth is ever gets done real quickly. >> you talk about the limitations. their constitutional scholar, harvard law professor laurence tribe, told cnn recently, he thinks the chairman of your committee, dick durbin, isn't doing enough. he says there should be hearings on alito. do you agree with that? and is that something could your committee be doing more we are having think a lot of work going on and a lot of different ways. >> i don't think anybody is ruled out the prospect of a hearing. you need to think carefully through who the witnesses would be at the hearing. you probably don't want to lead with a justice of the supreme court and walk right into a separation of powers? objection so you need to build the case carefully. we have some subpoenas out. the finance committee is doing its own invest investigative work. so there's a lot going on and i think as a former prosecutor, you want to build these carrots cases carefully and in proper sequence centers. >> sheldon whitehouse, appreciate your time tonight and we will be watching to see what comes out of that. thank you out front. >> now, david urban gop strategist, former senior adviser to the trump camp paying david good to have you with us tonight. let's talk about what happened with merrick garland today. house republicans voting to hold him, of course, in contempt do you believe this is what republicans should be focusing on at this moment, five months prior to the election well, erika, that's a really good question, right do the american people around the united states, are they focused on this issue right now? probably not. >> i think most americans are focused on paying their bills, gas prices, getting their kids either graduated from high school and college off to summer camps. you know, they're going about their life life, and the things that impact them are household issues, gas prices, inflation, maybe kids graduate college, they're worried about looking to the rent, buying a home, saving for a home. i mean, all those things that are really pocketbook issues. i think probably affect a much more than that big said, i don't think think that the attorney general should just be able to get a free pass on this senator whitehouse, as you noted, the center white house, cnn, and senator warner and others believed that the audio tapes should be turned over. they turned over a transplant transcripts have been made public but the audio tapes haven't. and there's obviously a reason behind that because i believe the audio tapes probably reveal that the president biden to be what the special counsel said kind of a doddering old man and it's probably embarrassing and that's why they don't want to release them. >> the president has exhorted to executive privilege, which you also heard senator whitehouse talking about. do you think it would have been better for house republicans in this moment to challenge president biden himself and his use of executive privilege over that audio. instead of going after garland well that's that's that's a tactical issue best left for the house republicans. i think, yes. >> so what's your opinion yeah. >> it was my opinion is i think they're looking to go after the attorney general just like former democratic house, one after members of the trump administration, to wit steve bannon and peter navarro who are sentenced to prison. they're going to jail for it for, for failing to show up for contempt of congress and obstruction. so we will see i think what's good for the goose is good for the gander. and i think that's what house republicans are up to at this point. >> we've got 30 seconds left president biden said he will not pardon hunter biden, white house wouldn't rule out a commutation of an eventual sentence. do you see a difference between the two? >> yeah. look, i think that's all too cute by half, erica, right your they're gonna do it. you're not gonna do it listed what i'd like to see happen is i like to see president trump come out with a statement saying, look, if hunter biden commits to a program of sobriety and inpatient or maybe outpatients shows up, keeps his sobriety. i'll pardon him. i'd love for tse president trump to say that would be magnanimous. offer on his part shows humanity and and really flip the tables on the democrats will see if he is listening to you tonight. david, good to see you. thank you okay. >> thank you. >> i'll find next new york police arrested man with a loaded gun, 100 rounds of ammo body armor for and two axes. the man also had a public transit worker vest. so just what was he plotting? plus new reporting shows how donald trump lu daily 5 million from his campaign to his businesses why with reporter who broke that story plus a show of force, a russian nuclear submarine part of a russian fleet. doc, just 90 miles from florida right now. so just what is not two devastated. >> and sudden power of tsunamis, it happened in far away lands and it's easy to think it can't happen here if one hits home we'd be ready. slightly in birth would liev schreiber, sunday at night on cnn i told myself i was okay with my moderate to severe rheumatoid arthritis symptoms with my psoriatic arthritis symptoms. but just okay. isn't okay? >> and i was done settling if you still have symptoms after a tnf blocker like humira or enrolled greenville is different and may help revoke is a once daily pill that can rapidly relieve joint pain, stiffness, and swelling in ra and psa relieved fatigue for some and stop joint damage. >> and in psa leaf skin clear or almost clear are invoked can lower your ability to fight infections including tb, serious infections, and blood clots, some fatal cancers including lymphoma and skin and heart attacks, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death, serious allergic reactions can occur until your doctor, if you are for may become pregnant dan saddling ascii rheumatologists for renzo and take back what's yours he could help you save. >> how would you like to change your life with better health and nutrition, more energy, and save some money at the grocery store. it's easy with simply fruits and veggies the amazing superfoods supplement jam packed with over 40 fruits and vegetables in easy to take capsules transform your quality of life with the number one best seller on amazon it's a no brainer convenient, affordable, and now with are 30-day money-back guarantee, visit, free fruits and veggies.com, and find out how to get a special freeman month's supply my name age braden i wish 5-years-old when i came to change him how trains shore and down the story shell. >> and then having these headaches that when it go away my mom, she would crying what they said, they're saying hedge brain cancer it was your worst fear coming to life watching your child grew up is the dream every parent you can join the battle to save the lives of kids like braden, by supporting st. jude children's research hospital families never receive he will build from st. jude for judgment, travel, housing, or food. so they can focus on helping their child who live what they've done for me, my son and my family sorry life is a gift especially for a child battling cancer call or go online and helps save the lives of children like braden now, i know 11-years-old. we were actually doing the checkup for my brain and they they saw something in my throat, which thyroid cancer it was heartbreaking to find out he has cancer again, but we knew who we have behind us it gives me hope you can make a difference. joined with your credit or debit card for only $19 a month. and we'll send you this st. jude t-shirt without st. jude or it's donors? we would have been in a bad place these kids, they've done nothing wrong in the world. >> finding a cure for childhood cancer remains everything helps st. jude give kids with cancer a chance the most anticipated moment of prison ledger and the stakes couldn't be higher. >> the president and the former president, one stage two, very different visions for america's future that cnn presidential debate thursday, june 27th, nine live on cnn and streaming on max breaking news, police announcing the arrest of a new york man who had listened to this list, a loaded gun, 100 rounds of ammunition, a hatchet, and asked several knives. >> the mental side, a bulletproof vest asked for the nypd patch on the front as well as an orange public transit employee vest. now, all of this found after a routine traffic stop by officers obstructive plate turns into an arrest for person that is heavily armed, gone nods weapons very dangerous. welcome. you. >> hi. yeah, very dangerous. outfront. now, john miller, cnn's chief law enforcement and intelligence analyst, who also served as deputy commissioner of intelligence and counter terrorism of the new york police department. so you're reporting here, john is that the joint terrorism task force is now investigating this this all started with a traffic stop.