not have -- this decade that does not have any more troops dying in the world like he did. >> if we want to talk about lies, i don't know if that's a memory lapse but that's untruthful. you know who did not have a single service member death on his watch during his final year? it was trump. speak to mcenany calling out the worst moment of the debate night. president biden in last week's debate falsely claiming that no american troops died anywhere in the world on his watch. biden's admission failed to acknowledge the 13 u.s. service members who were killed during the withdrawal from afghanistan nearly two years ago. among those fallen heroes marine staff sergeant darren taylor hoover. he was killed alongside 12 others by a suicide bomb at the airport in kabul. we will get a reaction from his mom's lip biting can stay in the raise and answer for everything that happened on his watch. looking forward to her joining us but first we start with this. the supreme court saving perhaps its most consequential case for the last day of its current session. the justices ruling former president donald trump is entitled to some criminal immunity regarding his official acts while in office. and wow is this a wake up on a monday. it's a busy day. welcome to america reports. jackie, great to have you today. >> i'm jacqui heinrich and for john roberts. this throws a major ranch into special counsel jack smith's prosecution on trump that he conspired to overturn the election and it could shape the landscape this year. letting trump spend time on the campaign trail instead of the court room. >> timing is everything. we have chief legal correspondent shannon bream standing by outside the court and we begin with judge jeanine pirro. judge, great to have you here. been watching you throughout the morning. i want to get your reaction as we do continue to hear from members of congress as obviously the political fallout of this we have yet to fully see. she plans to file articles of impeachment. here's the tweet. throw it up on the screen. the supreme court has become consumed by a corruption crisis. beyond its control she writes. today's ruling represents an assault on american democracy. now it is up to congress to defend our nation from this authoritarian capture she writes. i intend on filing articles of impeachment upon our return. do you judge. >> whenever anyone on the left talks about an assault on democracy, you know it has little if any meaning. that is there go to line when they don't have a substantive argument. our government is set up in a way that there are three branches. the supreme court is a branch that has final decision on legal decisions in this country. they are not willing to accept it if it does not align with their political ideology. this is part of the institutional breakdown of our government. we are now in a scenario where the left and of people who call themselves progressive are not willing to accept a 6-3 decision by the supreme court but make no mistake that there have been administrations, there are been politicians who have been in disagreement with decisions for the last 150 years. but now all of a sudden they think they should be able to impeach a supreme court justice. a lawyer can be brought before the grievance committee for trashing a supreme court justice. the sad part about all of this is there is a final ruling in this case. their hatred for donald trump, their political ideology and it causes them to support someone ideologically or cognitively declined is something that they consider paramount and they are willing to do anything to destroy our system. >> sa >> jacqui: the timing of the decision has allowed the biting campaign to turn the page on the aftermath of the debate and we just had a campaign call that we listened in on where former capitol police officer harry dunn who is now part of the biting campaign spoke to this. listen to what he said. >> my message today is simple. this is not a drill. donald trump is the single greatest threat to the united states of america in a generation. we cannot let him anywhere near the oval office again. we can't count on the supreme court or any institution to hold him responsible. it's going to be up to the voters in november. >> jacqui: what your response to that. >> my response is if this guy was a member of law enforcement, i feel terrible for anyone that had contact with them and number two, he's a former officer. number three, explain why donald trump is ahead in so many states especially those swing states that are so important. these people have a big mouth. they speak about things that the american people are not aligned with and when the united states supreme court makes a decision as important as this one, the supreme court speaking for the first time because no other president has ever been criminally indicted for actions while in office. it's about time we listened. >> i want to read from the majority opinion written by justice roberts. the president is entitled at a minimum to a presumptive immunity from prosecution for all his official acts. that immunity applies equally to occupants of the oval office regardless of politics, policy, or party. will sharp a member of president trump's legal team joined me earlier on the faulkner focus with his response to all of it. >> they have recognized a very broad doctrine of criminal immunity for former presidents. i think there are some choice paragraphs in there from chief justice roberts criticizing the haste which with this prosecution has proceeded. the biting campaign of law for or against president trump has just been dealt a decisive blow by the u.s. supreme court. >> interesting part of that. >> the fact is that the supreme court also attacked not just jack smith. this is a court that has ruled against him unanimously in the past. he is not considered an ethical prosecutor. he is the one who indicted the former governor of virginia. that case was overturned. he has a political agenda. but what i think is so significant about the supreme court's decision is the final recognition that when a president is engaging in official acts that involve core essential presidential duties he has absolute immunity and of course it is remanded to the lower court to determine what our official versus unofficial acts and for official acts he has presumptive immunity but they knocked down some of the indictment. they knocked down some of the arguments that the president isn't entitled to speak to his vice president or to the attorney general because the president has exclusive jurisdiction and authority over those particular issues as they relate to the department of justice and crimes that are being prosecuted. the supreme court made it very clear that there are some parts of this that are protected by the core constitutional right of a president. and let me also say that a couple days ago the supreme court rendered a decision kind of dumbing down some of the january 6th charges saying that they were not supported and now some of the lower courts have to look at not just the january 6th defendants but donald trump as well in terms of how the supreme court attacked the january 6th obstruction charge. >> jacqui: i want to circle back to where we started which was with aoc calling for articles of impeachment following this ruling and you had heard ahead of this decision top democrats chuck schumer among them asking for justices alito and thomas to recuse themselves from this case, making allegations about impartiality questions. what kind of an impact it doesn't have when you have our elected leaders questioning the credibility of the court? >> it has a huge impact and the supreme court has been subject to tremendous criticism and i think there is a reason our founding fathers wanted these justices to serve for life. they should not be affected by the model or by the criticisms or the attempts to impeach. and i think more than anything, they recognize how important their job is. in this case, gore such that it himself. and it's not about the case report. it's a case for the ages. and they knew that. and that's what the decision looks like. >> jacqui: thank you for joining us paired we will see you on the five tonight. joining us for more now, shannon bream chief legal correspondent and host a fox news sunday. shannon, i want to get your thoughts because there was this line in justice sotomayor's dissent and it stands out. never in the history of our republic has a president had a reason to believe he would be immune from criminal prosecution if use the trappings of his office to violate criminal law gout. moving forward, how former presidents will be cloaked in such immunity. you had justice amy coney barrett overall concurring with the opinion but she did reflect some of the questions about the dissent in what she wrote. where do you expect us to go now that you have this window where this gets kicked back to the lower court and questions are going to be continued to probe. what does that mean for the timeline and what might happen with these cases? >> obviously there's a lot of back-and-forth with the dissent and majority here. bottom line is it does mean this case is going to be delayed and you saw the majority's opinion. they said you guys expedited the case to get it here. there was not sufficient fact-finding in the lower courts and you didn't handle this the way a normal court or case would be handled and that means that now you are stuck with us sending it back down. we don't have the briefing, the facts, the evidence we would need to go and parse through which of these allegations amount to an official act, was an unofficial act. the enron that you did now means it will go back and ways to even more time going back and sorting through these things at the lower court level. i have to say about the dissent, and there were multiple of them today. the majority wrote that it was wholly disproportionate and a complete overreaction to what they had said. they said it was a tone of chilling doom that comes from the dissenters but also said we said -- and i'll read for you. like everyone else the president is subject to prosecution in his unofficial capacity but as you talked about with the judge there, these are different branches. we have to protect the executive branch. if there are core official functions they are doing. there's also a warning from the majority that they don't want presidents to leave office and immediately be at the mercy of a political opponent who says let me find something you did and that way i will send you to jail potentially. >> sandra: i want to conclude with this. this is from a senior biting campaign advisor. responding to the outcome from the supreme court here. today's ruling does not change the fact. trump is already running for president as a convicted felon for the very same reason he sat idly by while the mob violently attack the capitol. he thinks he's above the law and is willing to do anything to gain and hold onto power for himself. we will have continued reaction to that shannon meanwhile i would you want to bring up the fact that that campaign advisor is dealing with a whole different problem. that is the debate performance of the president last week. we don't president biden over the weekend gathered with his most trusted advisors. we are told his family including his son hunter who, by the way, it is a convicted felon. they had this preplanned visit to camp david and they did a power with them in "the new york times" is reporting that biden's family is urging to stay in the race and keep fighting even as some members of the family of his clan privately expressed exacerbation of how he was prepared for the event by his staff. we are left wondering where this all goes next with reports that hunter behind-the-scenes is urging his dad to stay in. >> it's interesting that there seems to be a little shade throwing on some of these senior advisors or those who prepped him, that he didn't have the right makeup on or they gave them too many statistics. all kinds of those things that are dribbling out from the so-called private family conversation. but people close to the president say those are the ones that can actually sway his decision one way or another. it's the first lady, it's his children. those are the people he listens to all of any of these advisors that he has and you have seen the numerous editorials calling for him to step down. there was one that read this weekend and the headline was something to akin we need to have you first lady joe biden. you need to be they want to help us. and i think they use the word oust the president from the ticket. there'll be pressure on the family as well because we know that is who he relies on for making these big decisions. >> jacqui: shannon, there are so many democrats who are vying for reelection. many of them who are outpacing biden in their own polling in the conventional wisdom is the top of the ticket should carry down any ballot. lingering concern that this will harm any democrats who might have been facing a tough reelection but in public you have had a lot of these democrats showing that they are behind the president. i want to play with a montage of what we heard from this weekend. >> all the evidence we have seen after the very difficult debate performance on thursday night is that the polls have not moved. a few have moved in biden's favor. >> he should stay in this race. he should demonstrate going forward his capacity to lead the country. >> it was a bad night. let's not sugarcoat that. it was a bad night. it was a great presidency. that's what the american people have to choose. >> that whole abandon biden thing, that is the dumbest i've ever heard. >> can this keep up if the polls start to dip over the next week or so? >> i think it will keep be a big factor and we had a little cursing on fox news sunday. that's how he feels about this. very strongly in support of the president and a number of lawmakers for you and i had all of us who work here in washington are hearing quiet murmurs among them. they do worry about themselves and holding onto their own seats and potentially worried about the republicans flipping the senate. they want to flip the house. democrats do. they will worry about dollars and donor dollars and where those get factored in and what it means to them personally in their reelection bid. there is reporting this week and from some candidates or incumbents, democrats out there who do not want the president to visit. they don't want the first lady to visit. they don't want anything that would tie them directly to this administration because they aren't sure how it will fare. we have seen a couple snap polls here but i think the deeper dive and more established polls coming out and the couple of days could impact the conversation. >> clearly there was the thought from the president himself suggesting that there's a lot of other people out there. there's a deep bench of democrats that could beat trump. flash back to december 2023. >> do you think there's any democrat who could defeat donald trump other than you? >> probably 50 of them. i'm not the only one but i will defeat him. >> jacqui: probably 50 of them he said. >> what's interesting is in one of the emails that went out, campaign amos from the harris biden -- excuse me, biden-harris campaign had pulling against donald trump and a number of democrats. if you want to quite the conversation it seemed an odd thing for me to send out. to mention people like pete do pete buttigieg and gretchen whitmer and gavin newsom. do you want to put those evil out there when you say we are over the debate performance appeared we need your funds ande need your fund-raising and don't look at these candidates. they have to know those conversations are all ongoing but we've all talked about the logistics of how this would operate with the convention, who they would coalesce potentially around because you don't want more infighting in the party if you decide that the leader of your party in some historic way would walk away from the ticket. there's a lot more trouble it seems then resolution for democrats on that point. >> jacqui: all good stuff. what a day. what a morning it was. and we will get continued reaction throughout the hour. thank you very much shannon. and by the way, to your question to shannon just a moment ago. this is "the wall street journal" report on the democrats fretting over the impact of biden's debate performance on house and senate races. strategist said that the debate risks offsetting the work of down ballot democrats to separate themselves on the president. highlighting this as a reality and a real thing they will have to deal with. >> jacqui: it was interesting that political report that gretchen whitmer was calling the campaign to say i really hate that my name is being tossed around but within that report it acknowledges that anyone who has a future running for president within the democratic party is stuck between a rock and a hard place where they can't voice any concern or else risk being disavowed by the establishment in 2028. >> sandra: it is a tricky situation are so many. and meanwhile, we are watching this. an extremely powerful and potentially life-threatening hurricane that is already hitting the caribbean and is speeding now toward the u.s. we are watching it and we will have an update. plus this. 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[laughs] a home router should never be a home wrecker. oo this is a good book title. >> jacqui: the judge in the care and read murder trial setting the jury back for further deliberations after they indicated for the second time they are unable to reach a unanimous verdict. she is accused of running over her boston police officer boyfriend after a night of barhopping and leaving him to die at the scene in a snowstorm. the defense argues she is being framed. >> sandra: the first major hurricane of the season making sound fall in the southwest caribbean as a cat for storm. the first atlantic hurricane in 50 years to arrive before the fourth of july. marissa tour is alive with the forecast and where this is headed next. what are you seeing? >> a historical day nonetheless. a category four hurricane, the strongest to hit the southern islands ever in history. historic and scary nonetheless. this is the latest still a category four storm. those massive sustained winds at 150 miles an hour and six more miles per hour and we would be talking about a category five. a formidable force navigating away fr