three-to-one. today. five good things listen wherever you get your podcasts a major decision from the supreme court, already having implications when it comes to january 6, defendants in a 6-3 decision, the court ruled the justice department actually overstepped by filing obstruction charges against people who rioted at the capitol, dozens of people, of course, have already been convicted and sentenced. >> and we've just learned that a federal court in dc is already reopening some of the cases. >> cnn chief legal affairs correspondent paula reid and cnn senior crime and justice reported katelyn polantz joining us now with more on the decision of what happens next. so paula first walk us through this decision this decision today, this impacts potentially hundreds of people who have been charged in connection with january 6, and the attorney general issued a statement today saying that the justice department will take appropriate steps to act on this opinion today, but they also tried to downplay the percentage of the fourth 1,000 pieces they have brought. that will be impacted here. but like i said, we're talking about hundreds of people who could potentially be able to go back into court and challenge either than being charged with obstruction or having been convicted an already incarcerated on that charge. the other outstanding question here is how this could potentially impact the case against former president trump basis to charges of obstruction. now what is widely expected that the special counsel will seize on language in this opinion that differentiates the kind of conduct that trump is charged with because of course, he was not here on the capitol on january 6, and his obstruction alleged obstruction is charged related to different conduct but we can also expect tlawyer' motions to try to get those additional obstruction charges to get those dismissed. now it's not expected that will be successful, but they believe even at a minimum, maybe it might help them get certain pieces of evidence, including videos of the violence on the hill that day, excluded if this goes to trial, but of course, the biggest one question for the former president's legal team is what happens on monday when they get the decision on that bigger question, which is whether the former president has any immunity to protect him from jack smith's prosecution? >> and kaitlan, the dc district court already reopening these january 6 cases because of this, we actually know there's 50 people have already been convicted and sentenced on charges of obstruction. what happens with all of these? well, they're going to have to look at it case by case, either the justice department will go back to the court, the defendants themselves will have their attorneys bug the judges that have are handling their cases are sentence them or the judges like we've already seen a judge in the federal court in dc within two hours of getting this ruling, telling the man who was the first person to be convicted by a jury in federal court for january 6, riding specifically, she said, we've got to put a new sentencing date on the calendar. he was sentenced to seven years for this and several other charges, but she's going to look at it again and have to determine does the sentence hold or does something else need to be what happens here but the way that the supreme court wrote this is their specifying language. so it's quite possible that the justice department goes back into court for 30 or 50 or so of these cases where these people face this particular charge and say well, the supreme court told us we couldn't do it like we did before, but we're gonna give you a new set of language under what the supreme court says. and also remember when we took this case to trial, we made sure court to present evidence that the boxes of electoral votes were moved off the senate floor. there's the obstruction. these could hold. so it's just going to have to be case-by-case how this plays out to see if people have their sentences affected significantly. while you noted, of course there's so much discussion about how this could impact the charges against four maror president trump, and you, as i understand, we're just speaking with his lawyer where does that go from here? what more we expecting to hear from them at this point? well, speaking with sources familiar with the legal strategy here, they are expected to file motions. of course they are. right. they'd been aggressively litigating on behalf of their client exercising any option could, either help their client in an eventual trial or at least delay a possible trial in this case. so totally expected that they're going to file motions that could potentially try to get these obstruction charges dismissed. it's unlikely that that would be successful, but we would expect that they're going to at least try this again if for no other reason to delay play but at a minimum, they think that this could also possibly help them keep certain pieces of evidence out of a trial. if this goes to trial, but the bigger question for the trump legal team, of course, could be answered on monday with the opinion on whether the former president has immunity what is merrick garland same about all of this? yes, we took in a statement from the attorney general pretty quickly after this decision came in and he said he was disappointed and he was disappointed because it limits what the justice department can do in charging these january 6, rioters. but the justice department, even with this limitation, now, they course corrected pretty early on after the riot and after they started charging people and the vast majority of the rioters that have faced his charge. it's coupled with other things, very severe charges as well, violence against police, people who stole documents or tampered with documents in the offices of lawmakers. and so the justice department has been trying to put up a bulwark for quite some time now with the possibility of this being the outcome at the supreme court all right. caitlin plants paula reid. thank you both. also joining us now to former officers who defended lawmakers during the january 6 insurrection, former us capitol police sergeant and iraq war veteran, aquilino gonell. he is the author of american shield, the immigration or pardon me, the immigrant sergeant who defended democracy and also drawing sending us former us capitol police officer harry dunn, who is the author of standing my ground, a capital police officers fight for after january 6, both of them have recently campaigned for president biden first to use charging and what went through your mind when you heard the high court's ruling as it came down? >> well, it's very disappointing that the between chord and right-leaning supreme court had decided that they should be almost no, accountability for the people who breach in assaulted many police officers, doing their attend to stop the trump what power and it's as if they're begging for something worse to happen can i follow up on that for you with you for just a second because you actually had in this decision, it didn't quite break along ideological lines. >> so i mean, normally in some decisions we do see that, but we didn't see that here so you actually had one of the liberal justices siding with the majority. what, what do you say about that i mean, it's perhaps a date they taking that path of, you know, but it doesn't take away that the majority of these people need to be held accountable for what they did on jeremy six. >> and they may not have been a like like you said, it was so a liberal in the decision making. you know, i do. i said the the outcome i just don't understand how what worse do they want? to happen in order for them to hold people accountable? the bus majority of those people who had been charged with the obstruction of congress and procedure is because they were there the capital and they actually had to suspend the process. the process. now because they didn't get a chance to do i'm sorry. the only suspended. but it could have been a lot worse because those people were trying who were inside the capitol we're trying haunting those lotto facial room by room to the point of hurting them. and if it wasn't because of austin police officers that stopped them, that would have achieved the goal and the supreme court fail to see that happen officer done is administer if people to hear. >> but as our as our colleagues were just running through two most people were charged with more than just this obstruction charge. so they're facing other charges possible felonies, misdemeanors we have seen how quickly the courts are reacting here judges saying, hey, we need to get a sentencing date on the calendar. the reopening some of these cases, accountability is obviously important as is a free and fair trial where do you stand when you see all of that happening based on the ruling, it's not totally being thrown out, but it could change the outcome for some people sure good afternoon you know, it's important and also in the weeks and the months leading up to this with the supreme court's decisions and the way to hearings when it kind of soften the blow because i kind of expected this to happen expected them to roll this way. but like you acknowledged, a lot of the people that work for charged, this is only going to affect a small percentage of solely just these individuals who are charged with this. there's a lot more people that are facing multiple counts are not just this one. and i think it's also shows that the law hasn't caught up with what they got off on a technicality with talking about paperwork. but let's be clear what happened that day. those individuals had one purpose in mind and that was stopping the certification of the election. that was their goal, whether some paperwork was involved in it or not, it also, this ruling doesn't change the fact that those individuals there that day, like i just said, we're hell-bent on stopping to the cation of the election at the, at the direction of one man and has donald trump and officer done just a short time ago, trump posted big win on social media after the supreme court decision what's your reaction to that well, he's doing all that all that he can do to keep himself out of trouble. >> his goal is to delay, delay, delay, and also that brings up another point that that's kind of been irritating me with the it's been three-and-a-half years. it's been three-and-a-half fears and the right to speedy trials. and we're still waiting to see if the former president is responsible, if he can even be found responsible three-and-a-half years. so speedy trial, i guess it just doesn't apply to society and the supreme court's size, if that was the case, the supreme court would have taken up that case a long time ago. techsmith first brought it to their attention that this may come up and it just shows that donald trump is trying to do everything he can to escape prosecution do you want to the attack of course, on the capital came up last night during the debate. i just want to play what the former president had to say in that moment. >> 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 garden, you would say it's 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 that went to to the capital. and in many cases were ushered in by the police and as nancy pelosi said, it was her responsibility, not mine i know you were you were in atlanta last night for the debate those claims from former president trump. >> and even in some cases, the lack of pushback from the current president all of that sit with you well, yes, i wasn't i wasn't atlanta. >> i was actually an opportunity to sarah short moment with the president and he wasn't very good spirits and was received with toy room, full of loud applause and support. but just that, that clip right? that wasn't the one that struck me the most. it was him failing to acknowledge over three different times when pressed, would he accept the results of the election and your former your pass gas, they just was on nancy mace. she couldn't even answer it there because she hadn't gotten her orders yet from trump. and that's just that the groundwork for what caused january 6, the refusal to accept the legitimate results of the election. he said he eventually said yes, absolutely. he would. if it was fair. but over 60 courts ruled that it was fair and he still didn't accept it. so what what is the category that that defines it as fair? where does that that's what was most shocking and angering about last night because he's already planning the seeds that could lead to another january 6 sergeant gonell, i wonder what you thought about last night, you mentioned, or we mentioned that you recently adores president biden. >> what did you think about is debate performance? >> main part of the i guess the history of donald trump is using jonny six as a batch of bonner. he doesn't take responsibility for what happened even though he's the one who incited the mob to the capital, he talks about everybody who were a capital. >> we're sorry, sergeant. i want to know what you thought of joe biden's debate performance i mean, i'm supporting somebody who would not sending a mob to kill me and my colleagues or the capital. >> somebody who's not on dangle important for the people who assaulted police officer and somebody who's not trying to append the aisle democracy. and that's why i decided to endorse the joe biden my opinion donald schon day, especially last night, he lied to the american people again and again and again in terms of him not even taking responsibility for what he did on germany he seeks his actions or inactions are what he continued. the reason why he continued to lie because he had no excuse for why he did other than use it as a bachop honore. and also trying to convince people that what he did was something necessary in gray is very upsetting that the people who we risked our lives for, like speaker mike johnson, what two weeks ago, receive them. we open arms, like he was a hero and not only reason why there are alive today is because the action that police officers like myself and my colleagues get to in germany six now, because the actions that donald trump on jeremy six sergeant gonell, harry dunn, we thank you both for being with us. thanks for your service as well. thank you still had president biden trying to reset his campaign every poor performance in last night, cnn debate what he says about what happened. he addressed it and why plus former president trump holding a rally this afternoon? virginia, we check in with both campaigns ahead assignments are going on. 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talk to a health care provider about nortech ott from pfizer. >> your assignment with audie cornish listen wherever you get your podcasts just moments ago, president biden on the campaign trail and raleigh, north carolina, delivering a very different performance, then what we saw it last night cnn debate know how to do this job i know how to get things done i know like millions of americans know when you get knocked down, you get back out i gave you my words of biden. i would not be running again if i didn't believe with all my heart and soul, i can do this job the meantime, former president trump is holding his own rally in virginia, expected to give his first remarks since the debate here in just minutes. >> so we are watching that as we see governor youngkin, there, we are covering both candidates on the trail today. let's begin with cnn white house correspondent arlette saenz in new york as kristen holmes is standing by their at that right? rally are let what is the biden campaig