for up to 70% off designer brands, it house the designers that get your heart racing had inside a prices new every day, hurry be gone in a flash, designer sales at up to 70% or so of gilt.com today welcome to inside politics. i'm kasie hunt in for dana bash, who co-moderating the cnn presidential debate last night. that's triggering a five alarm fire inside the democratic party. we're gonna get to that in just a moment. but first we do want to follow this breaking news it's the supreme court just ruled that the justice department overstepped by charging hundreds of people who rioted at the capitol on january 6 with obstruction. the ideologically mixed six to three ruling could force federal prosecutors to reconsider charges in dozens of pending cases. and may have an impact on the case against donald trump. i want to turn now to cnn's paula reid, andrew mccabe, evan perez to break this all down for us, paula, i want to start with you. can you explain what this means for the hundreds of defendants who have been convicted or pled guilty in charges related to january 6, okay. say the justice department says it will take all appropriate steps to comply with this decision in a statement, the attorney general, merrick garland, who has overseen this historic effort to prosecute people who engaged in alleged criminal conduct related to january 6. he says, quote, the vast majority of the more than 1,400 defendants charged for their illegal actions on january 6 will not be affected by this decision. now, he's correct about that, but we're still talking about hundreds of people who have been charged with this there's also 52 people for whom obstruction is there? only felony and 27 of them have already been incarcerated. so this decision is certainly some good news. it's for them we could fully expect their defense attorneys will try to pursue additional proceedings to get those convictions possibly overturned. unclear though, if there'll be successful, this opinion does leave some wiggle room for prosecutors. the other big question is, of course, how does today's decision impact the january 6 case against former president trump? now he two faces two charges of obstruction, but the conduct that he is charged with is quite different than people who are physically here at the capitol on january 6, he is charged related to the fake elector scheme, but it's interesting, casey in the opinion, the chief justice john roberts he nods to the possibility that the obstruction statute could be violated by creating false evidence. now, trump's lawyers, they're still reviewing this complicated opinion to figure out exactly how they can use it to help their client bite his case are ultimately get it delayed. but of course, the biggest question for them is another supreme court opinion that we expect to get on monday about whether their client has immunity to protect him from the entire january 6 prosecution so evan, can you dig into this a little bit more? >> just how this ruling today could affect special counsel jack smith's prosecution of trump yeah. >> look, i mean, as poly just pointed out, the justice department believes and they've been preparing for this possibility ever since. >> oral arguments and they kind of get a sense of where this might be going. one of the things that we heard from them is that they believed that this was a very, very limited impact they are they're talking about possibly 249 cases. i think we have a graphic that shows you a little bit of the universe. we're talking about 249 cases that could be affected. there's 52 people who have been sentenced, who've pleaded in most cases has pleaded guilty to just this charge. and so that is obviously going to be affected by this. and then there's 27 people who are still in serving their sentences. again, who could be affected by this, but keep in mind for most of these people, there are other crimes including fisher, by the way the defendant who brought this case. there were other crimes or alleged crimes that were charged in this against these people, including violence carrying out violence against some of the officers at the capital that de and so the vast majority of cases are not going to we affected and the justice department has now going to have to look to see whether there's going to be a need to perhaps adjust some of those sentences as a result of this so andy mccabe, you have run investigations like these. are you surprised by this ruling i'm a little surprised. >> casey, i think i thought actually just as barrett's dissenting opinion was where the court wouldn't would end up. and that's based upon a very kind textural analysis of the statute. i think it's pretty clear what congress was was trying to do there. but obviously the majority of the court went in the other direction. if i'll probably a little bit surprising to most folks who see this court very conservative court is one that typically goes right from the text of what they're interpreting. i felt like justice roberts kinda strayed from that a little bit. you see or hear a lot of references to history and legislative intent and for two things, i think he did that because he was was impliedly acknowledging that the texts just reading the text of the statute. really my point you in the other direction. >> all right. i want to bring in our panel of reporters and analysts here. this of course, january 6, a part of last night's debate, in particular, how donald trump answered questions from jake tapper and dana bash about this topic. let's listen to what the former president said last night. >> and if you would see my statements that i made on twitter at the time, and also my statement that i made in the rose guard, you would say is one of the strongest statements you've ever seen in addition to the speech i made in front of i believe the largest crowd i've ever spoken to, and i will tell you, nobody ever talks about that. they talk about a relatively small number of people but went to the capitol. and in many cases were ushered in by the police. and as nancy pelosi said, it was her responsibility, not mine so there's a lot there to dig into jeff zeleny in terms of how the former president has taken the facts of that day and kind of rewritten what happened to fit his neck there. >> but of course now we're seeing the supreme court in some ways, adjust how the country reacted, how the prosecutors reactants. so some of these people as well, without a doubt, and that did not sound like the same type of tone, i guess that the former president talks about january 6, that his rallies and other things i mentioned pardoning and whatnot. but this case is significant and this is a significant how it's viewed, but we're only 3.5 years on from that day, i guess, but we also remember what it looked like and remember what it felt like. but boy, it seems like a good portion of folks have forgotten the visceral part, mainly in the republican party who initially criticized trump. >> yeah, i said, big picture. how i was on capitol hill for january 6, it very much colors how i think about that day and how these things play out. i'm always very upfront about that reality and the rewriting of it definitely gives me pause because i remember what was quite frankly a completely collective and unified reaction in the moment but we have seen it move as quite frankly, former president donald trump has politicized it. it absolutely has. and i think to jeff's point, you've seen a portion of the republic public embase rally around trump, particularly under the belief that he's been targeted by the justice department on this issue, but it remains as big political liability. this is the moment in last night's debate. i think he sounds most like the 2020 version of himself, the person who lost the white house. and i think it's the thing that you here on the road, people really hold against donald trump. you hear about the blocking of the peaceful transfer of power. and i think his attempts to offer you skate that does not wipe away the american memory on that issue. if joe biden is able to reframe donald trump as the january 6 version of him. that's where they want to be. and this political race, because that's the version of donald trump. americans dislike the most scott endings we're gonna have plenty of time to talk about the many failings of president biden, which have already been well-documented on this network in the debate last night, i think my question to you is were you relieved that donald trump only went this far on january 6 on the stage last night because it is actually a far cry from the donald trump who solutes the quote, unquote january 6, hostages at his rallies not only did he do that, he also an another moment pivoted out of it rather quickly back to the things that he thought were good about his administration on the economy and other issues. so obviously they had done some prep work on that. i mean, look, this issue, it's hard to redefine it in my opinion because we all saw what we saw you experienced it in person the rest of us watched it on television and i think every single person has a memory of it. and that memory may be clouded somewhat by their partisanship, but we also have what we saw. a lot of republicans do think that there were people who wound up at the capital who did not commit any violent acts and who didn't do necessarily anything wrong that got caught up in this legal maelstrom. and so you do hear a lot of republicans say can't you separate the people who committed violence from the people who didn't that is a conversation that goes on in the party. but at the end of the day, how could you ever unsee what you saw? and i think for both candidates, that's just a fact. well, i think underscoring your point is the fact that ketanji brown jackson joined in on this opinion as well. >> an interesting split decision. all right. coming up defiance and denial in the wake of cnn's historic 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true that we're able to make every single solitary person eligible for what i've been able to do. >> it the covid excuse me, with i'm dealing with everything we have to do with what if we finally beat medicare? >> the american people also saw this stair from their commander in chief. that image and 90 minutes worth of the video that came with it has shown it has the potential to completely upend this presidential race but this morning, the biden team is rejecting any calls for the president to drop out. there's no basis for that. one biden adviser told cnn, when pressed about the criticism from inside his own party, the adviser said, quote, i don't worry about stuff like that. this hour we're going to hear president biden's speak live in raleigh, north carolina, and it's where we find kayla tausche. right now on the campaign trail. kayla, what are you hearing from your sources of the white house? >> well casey, the biden campaign just believes they need a little bit of time for the dust to settle and to move forward. they plan for the president and then to stay in the race and to debate again in september. but i've been talking to a bunch of rank and file at the white house and the mood inside the building is not good. they described it the tone of the group chats among staffers as a bismol, ugly, they say, everyone is deflated. and a lot of people chose to work from home today saying we're just commiserated we didn't want to do that at a desk, but we've also been able to speak to some voters here at north carolina state with a growing black and hispanic population with an abundance of college educated suburban voters that the biden campaign believes it can flip and the voters here today, we're not moved by last night's debate. they said they're still steadfastly focus just on beating trump, one that we talked dubai's even wearing a shirt that said free on wednesdays. of course, these events tend to be stocked with party loyalists, local donors, and date party officials. so that's perhaps not surprising, but it does echo the broader sentiment, at least publicly that we've been hearing across the democratic party. here's a sampling of that the contrast is cleared. look at what happened during the course of the debate donald trump lied over and over and over again. >> the president might lawsuit debate on style, but he wanted on facts. he wanted on decency, and he wanted the ideas that people think are important in the country. >> joe biden had a bad debate night, but donald trump was a bad president will get our first glimpse of president biden's since arriving here in the tar heel state, just about ten hours ago to hundreds of people on the tarmac flashing them thumbs up, we'll see whether his message is different, whether it acknowledges what happened last night on stage, or whether he chooses justin >> and said biden looks and sounds terrible. he's incoherent. another said simply, we are eft. and then there was quote, it's hard to argue that biden should be our nominee another person said, if i was gavin newsom or gretchen whitmer i'd be making calls. our panel is here, jeff felony. let me start with you because you have new reporting on the calls the white house is making to try to tamp down that kinda chatter. looked from the west wing to the campaign headquarters in wilmington. i'm told that advisors are calling members of congress they're calling donors, they're calling other top supporters and trying to a listen to their concerns, but also trying to allay their concerns, trying to point back to what their candidate did not do last night and draw that contrast. standing in the spin room last night seeing a sea of republicans out oh thumping their chest about trump's performance in very few democrats finally, gavin newsom and senator ralphie a warnock came in and said, we stand with president biden, but so many democrats are wondering now talking to about a half dozen or so it's sort of a defensive frustration they are defending biden, but frustrated at his performance, looked at the early debate backfired on them. they wanted this to solidify his strength in fact, it solidified his weakness and one told me one senior advisor told me we are in a dark place but we're moving forward. so david axelrod, you warned about this in november of 2023, much to the consternation of people around biden, you called on him not to run for reelection. >> you said only joe biden's make this decision if he continues to run, he'll be the nominee. what what he needs to decide is whether that is so you were right then well, i don't want to get into that, but there is no doubt that he did. this was a line of demarcation that they drew for him to allay the concerns that people have about about his acuity, about his stamina and they've just multiplied now. and this is the fundamental casey look on the issues that landry, mitch lander is not wrong on on the policy points and the issue points last night, i think he just scored on that basis, he would have done better better than president trump on likeability and decency would have done better than president trump. but that's not the fundamental issue. that's holding joe biden back it is whether he has the fitness to serve the physical and mental acuity to serve in and so they have a bigger problem today, without a doubt thank david that it is actually possible for them to find someone to replace donald trump at the top of the ticket at this point, not donald trump. excuse me, job is listen, i i think there'll be no dearth of applicants if that opportunity arises. i think the problem is and finding someone the problem is windowing it down to someone in dealing with competing pressures in a diverse party. it is not easy and i should say and stress president is the guy who holds the cards here. if he wants to be the nominee and continue to be the nominee, he will be the nominee. the question that he has to ask himself is, is that in the best interest of t