>> welcome to the special addition of 'hannity' and i am kelly and conway and for sean and tonight more bad news for joe biden as they just suffered a serious blow in a six-three decision, u.s. supreme court ruled former president champ does have prosecution surrounding official acts as president and the doj january 6 case against trump is now in limbo and a resolution unlikely until after the election as lower courts determine whether or not the charges against trump are even still valid but meanwhile trump also alluding to overturn the new york conviction from last month. today on truth social, trump celebrated calming this decision a big win for our constitution and democracy and proud to be in american. joe biden meanwhile stayed up late tonight until 7:45 pm to lash out at the supreme court in a rare evening speech at the white house. watch. >> the nation founded on the principles are no kings in america as each of us is equal before the law and no one is above the law not even the president of the united states and today the supreme court decision on presidential immunity talk that fundamentally changed for all practical purposes as today's decision almost certainly means virtually no limits on what a president can do this is a fundamentally knew principal and a dangerous precedent and i know i will respect the presidential powers i have for three and a half years and any president including donald trump will now be free to ignore the law. >> kelly-ann: joining us now with reaction is the author of free speech and the age of rage, my former law school professor. thanks for joining me and congratulations on the new book and i hope everyone checks it out and there's this pattern with the democrats that they reuse warfare to prosecute donald trump to have a different standard for him and when things don't go the way, they whine and complain and attack the supreme court and sometimes supreme court justices lives have been in parable -- peril because of it any president biden who will have substantial immunity for access as president complaining about this and i'm curious as to your reaction to the opinion and i don't think it's a surprise for us who want separation of power and what was your reaction tonight. >> the opinion was not a surprise particularly after the oral argument and the court adopted the middle path and it rejected the most extreme positions and what the president said tonight in his address was untrue meaning he was talking about no limits on what a president can do in office and that is not true and it's what the court was talking about was absolute immunity for core presidential functions of a presumption of immunity for official functions that can be rebutted in many things that will be personal or unofficial actions taken by a president and that's not what president biden just told the american people so if you really want to establish the rule of law, you might want to be clear on what the law is after this decision and what was really troubling was how so many of these democratic politicians from senator blumenthal to pendants on msnbc and cnn returned to these attacks as you noted kelly and on these justices and it's really grossly unfair as i have defended both the liberal and conservative justices and i disagreed with all of them at one time or another but i respect all of them and they're all trying to get things right and you can disagree with their philosophy but they are trying to get these things right to have these democratic leaders join this type of mob action against the supreme court is really disturbing. >> kelly-ann: they made it so personal and i wanted to point out for everyone that both joe biden and the three dissenters in their opinion both made the statement that no one is above the law and in fact the majority said this but congress may not criminalize the president's conduct in carrying out responsibilities of the executive branch the majority opinion said that almost using it as a pundit talking point and i found the dissent by justice sotomayor to be a little hysterical if not political said the decision makes a mockery of the constitution but it actually protects it so what you say to those dissents that some very politically charged? >> i was surprised by the tenure of the dissent of justice sotomayor and i didn't like it and i thought i had more soundbites than substance and exploring with the majority actually said in the other problem the dissent does not explain really how their own approach might lead to rather extreme results as for example the dissent does not have any problem with president obama ordinate -- ordering the execution of american citizen without a trial were hearing and of people charged obama with murder, i expect many of the same pendants would be outraged and certainly did not object when i happened when he had attorney general announce he had a kill lists policy the any citizen could be put on that list, he got applause and cheers from the audience so we have to look at this the way the supreme court did to find balance and that's what the constitution is about checks and balances in looking at the entrance coming up with workable solutions and they tried mightily today to find a workable solution and it is not a get out a free jail card but there is no question this is a huge win for trump practically and the reason is these cases have gone too far and jack smith someone who always resisted limits as a prosecutor and that has gotten him reversed unanimously by the supreme court previously so yes a lot of what is in this opinion hit below the waterline for jack smith and will be struggling. >> kelly-ann: what is the practical effect on the january 6 case against donald trump and the conditions in new york? i would remind the viewers they want to talk about treason neither of which donald trump has been charged with. >> fisher was a right hook last weekend a haymaker for jack smith i think we'll have a real difficult time getting that case off the ground certainly before the election and asked for manhattan, i think they argued a much lesser extent of reliance upon areas and make often a harmless error argument that if you take that testimony out with ample evidence likely the favourable towards that view but all of these cases have to be reviewed but the jack smith case that had the wings ripped off and have to find a way to see if he can salvage that. >> kelly-ann: amazing and we always make it down for us and thank you so much. predictably, democrats were outraged by today's supreme court ruling in their plot to convict donald trump and washington dc before the election has been foiled and majority leader chuck schumer who was violently threatened on the steps called today's decision disgraceful and meanwhile aoc vowing to impeach the justices and on cable news, the hysteria and fear mongering was extreme. take a look. >> supreme court functioning basically giving a green light for criminal activity in the oval office under certain circumstances which i think given the present state of our country is very scary. >> presidents interaction's of the department of justice immune is a terrifying decision. >> this is absolutely immunity and it is dangerous. >> professor it is indeed a frightening scenario you're outlining. >> the president becomes a king in that circumstance and it is comprehensible -- incomprehensible the supreme court could come a such a judgement. >> trump supreme court decreed him a king and now up to voters to say you want no guardrails no second term for trump, no guardrails. >> been on the steady march of acceptance and a normalization of political violence and now it's almost codified. >> i guess theoretically president biden acting within the scope of his official duties could dispatch the military and take out the conservative justices on the court and he would be immune. >> kelly-ann: joe biden's really bad and terrible week is getting worse and here now to respond senior advisor to donald trump and fox legal analyst welcome to both of you. greg, chuck schumer said in this decision the supreme court approved treason and insurrection and donald trump has never been charged with either one so how do we square a legal opinion upholding the constitution with the hysterical punditry coming from up the democratic echelons? >> i suspect all those people you just cited and plagued clips of have-nots actually read the full opinion which is quite lengthy and if they did, they could not comprehend it because the apocalyptic doom from the left would be comical if it were not so pathetic as truck -- schumer called it a sad day but it is the opposite is democracy functions better when there guardrails which the high court and then we amped up the delirium by claiming as you pointed out that justices approved insurrection and treason which of course they didn't and forgetting trump is charged with neither and in truth a well reasoned commonsense decision as the supreme court did exactly as i said they would extended civil immunity to which the presidents have had for 42 years to criminal culpability and there is nothing shocking in this immunity for official acts and no immunity for unofficial acts so the earth will not stop spinning on its axis tomorrow despite the liberal hysteria they need to stop the pearl clutching. >> kelly-ann: there is no doubt and aoc if anyone listens to her as people in the south bronx had not listened to her in the primary as she tried to save jamaal but today she's talking about treason and bribery and said she'll impeach the supreme court justices because she did not get her way and this seems like dangerous rhetoric but what's the practical implications of the city member of congress moving to impeach justices? >> is not surprising as there so desperate they realize after the debate after their failing that they're backed by radical left owners that they have no chance in the truth of the matter that we have to keep fighting because there are people like aoc who came from being a bartender jumping around in the bronx luscious remembered they scream and called donald trump but they are themselves that this is insurrection behaviour and behaviour to create fear and the american people to believe the supreme court which we have always respected and i respect the dissent both the majority as a dissent as an attorney who is also american and no i don't agree with the dissent but the behaviour of people of aoc exact behaviour they would like the american people to believe that maga republicans and americans people that love this country that that is what we are and not as frankly faults in their calling us what they are because they don't want to look at themselves because if and when donald trump wins the election in november we show up and speak our minds this will end in our country will get back to the america we know. >> i think it's particularly dangerous when you have americans of one branch of government highly critical of a supreme court decision that's about the executive branch seems extra- odious when i hear them pop off and while we have two great legal minds here i wanted to ask you about any of the legal implications surrounding joe biden perhaps being on the ticket so what about the ballot access rules and some of the states and are they still available and what is it about either of you know? >> short. we know the d&c change the rules a year and a half ago and this is a complicated situation and not a simple two-minute response but we have to think about the implications as the presumptive nominee if he were to back out and try for the d&c to replace them there would be a lot of implications for the biden campaign making lawsuits when they tried to take president trump off the ticket and it's not gonna go down easily and more importantly politically npr wise it's not a good look to mow over a black female to ignore a position and try and usurp it because there candidate frankly can't walk or speak properly and i'm sure greg can speak more to it but it would be incredibly damaging. >> kelly-ann: it is true greg at that harrises job protection and joe biden as he chose one of three people who cannot upstage him but how do you see all of this? >> as the wall street journal said imagine if biden had actually picked a competent vice president instead of checking a political identity boxes and that would've changed the equation dramatically into your question there are two major problems with the replacement candidate in early voting states, early ballot dead liners replaced that would miss and that's a huge problem and they have to go to court to get that changed but the other problem is a monetary one is joe biden sitting on a 200 million-dollar warchest of donations but under federal campaign finance laws, he is not allowed to transfer that to replace a new candidate so you would be starting from zero and i guarantee if we drops out, there would be chaos and mayhem on the floor of the democratic national convention in august and chicago make the mayhem in the streets look tame. >> they may be stuck with joe. excellent conversation and thanks for joining us. coming up, top democrats are urging the party to stand behind biden but is it too little too late? we will hear from four experts as part of the special edition of 'hannity' continues after the break. to duckduckgo on all your devie duckduckgo comes with a built-n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. >> kelly-ann: welcome back. despite growing calls for him to step aside after thursday's disastrous debate performance, joe biden remains defiant and according to a new report, biden has zero interest in stepping down and according to a report from the new york times, biden family huddled at camp david yesterday and encourage joe to stick it out and stay in the race. one of the strongest of voices at the table is his son hunter biden who himself facing years in prison after recent convictions on gun charges and is the biden family encourages joe to keep running and some donors were running away from him, top democrats encouraging the party to stand behind him despite his obvious decline mentally, physically and in the polls. the biden family reportedly blaming his debate disaster on his staff with several advisers in the process including anita dunn, her husband lawyer and former white house chief of staff. over nbc meet the press, choctaw had harsh words for the deming creates -- democrats. >> democrats want to lecture republicans for not putting party over country but the real issue is is he telling the truth about whether he can serve a full four years and there's a lot of challenges in the world and we want a president do we want one that could be incapacitated? one of those we have to say this is hard and there is risk no matter what you do here but you have to say to yourself, what's in the best interests of the country? not the party in the next four years. >> kelly-ann: and here is reflection and thank you for joining us gentlemen. we know we have not seen all the polls coming out in the postdebate performances but what are the poles telling you right now in terms of how people look at joe biden's acuity and agility and how much you think that cost him after thursday night? >> in fact we came out the poll this afternoon that we had held to conduct a debate in here trump is winning depending upon how you look at the race but really is not a change from what we are showing but biden's job approval went on for points and questions went up 10 points into the seventies so almost a universal view that right now he maybe too old to serve another term as president so the horserace did not change much but the internal certainly went against joe biden and his performance and we see that very clearly. >> kelly-ann: you have been a staffer and ran campaigns and what you make of blaming the staff and if your candidate looks and sounds like a wax figure, i don't thank you need to goose and juice him before the debate but is this typical of the biden family to point the fingers at long time loyal staffers? >> it is typical of presidential campaigns i've been on both sides receiving unbelievable praise in the opposite and i know how it goes but i would say perhaps he was prepared the way you would prepare president obama and clinton filled with facts and figures and maybe we needed to be prepared more like ronald reagan to be that gentler an older person with the vision instead of trying to cram in so many facts and figures office he got jumbled up and confused. >> kelly-ann: you to have been in the room prepping candidates for debates like this and i think the best preparation is what trump does as he goes and toxicities as television and radio podcast interviews and he held tough press conferences as interviews and joe biden has done none of that but i'm wondering we think joe biden can do if we remains a nominee leading up to the september debate and what advice would you give him? >> one of the most important things is to get younger and thus a fundamental problem he has either he is too old and too frail and his memory starting to go and his diction for we are all wrong and if we are all wrong, up to joe biden to prove it so he should have taken questions today after he gave that tirade against the supreme court and should have stirred his ground and said i'm sure many of you have questions and fire away and show the american people you can speak spontaneously and hang in there and take lots of questions so we expect to see the type of figure and intellect with the president fast on his feet and that's what he should show but the fact that he doesn't makes me think he's knot capable the fact the staff is always shielded him from taking questions makes me think he's knot capable and idle thank there's anything realistically that he will get older and not younger and less articulate and not more. >> kelly-ann: this is someone shielded by the press and how many press members calling for him to drop out with puff pieces last week about staffers and camp david huddling together and playing pickleball and they do these puff pieces and demand his head on a platter and what's your message to the media and what's their job in covering a president because you been a press secretary. >> the media is letting american down and they left on the left and cnn viewers and people who thought joe biden was at the top of his game and people who never see what fox shows another conservative media the regular stumbles and bumbles and inarticulate nests of joe biden and if you don't see, you don't know who the president is so the media bias hurt the left because they were shocked to see that joe biden on nationals abate in the media's job is to be fair and down the middle and they have not been that for decades and now i am a little surprised to see the vehemence but i think there's a sense of guilt how can they in people who cover the white house of not told their viewers about it so doing a little make up for it but no doubt that will turn and go right back out for donald trump harder than they've ever gone after joe biden. >> kelly-ann: what to independence and swing voters say about you biden and there poles? >> when you get to independence here and those people making up their mind, they don't like either candidate and they don't want to hear about supreme court decisions and lockups the 54 percent of the country say democrats are executing that they don't want to hear anything but they care abou