acts surrounding january 6th, but not for unofficial acts. the deep divide on the court. one dissenting justice saying the president is now, quote, king above the law. the trump team hailing it as a major win. is there any chance this goes to trial before the election? president biden now speaking on it tonight. also tonight, the first lady vowing, quote, we will continue to fight, as pressure grows for president biden to drop out of the 2024 race after his much-criticized debate performance. our new reporting on the white house's strategy. terrifying moments aboard an air europa flight. severe turbulence injuring 30 passengers and forcing an emergency landing. the images coming in right now as hurricane beryl makes landfall in the caribbean. an extremely dangerous category 4 storm. the earliest major hurricane ever recorded. the mistrial in the karen read case, accused of murdering her boston police officer boyfriend. she says she was framed. will the prosecution try again? and our exclusive. simone biles headed to her third olympics. our interview with the superstar, and the team she will lead to paris including the newcomer just 16 years old. >> announcer: this is nbc "nightly news" with lester holt. and good evening. i'm tom llamas in for lester tonight. the race for president and the power of the presidency colliding in one supreme court decision. the court ruled today that a president has at least some immunity from prosecution. the landmark ruling involves the federal election interference case against former president donald trump brought by special prosecutor jack smith. on one hand, the court ruling that mr. trump cannot be prosecuted for official acts, but also saying he is not immune from prosecution for acts outside his scope as president. today's 6-3 decision, hailed by mr. trump as a "big win for our constitution and democracy." and president biden speaking tonight on this very issue. but first, here's laura jarrett with more on today's pivotal decision. >> reporter: tonight, a monumental win at the supreme court for former president trump. the conservative majority finding the presumptive gop nominee must receive sweeping immunity for any official acts taken during his presidency. the 6-3 ruling a defeat for special counsel jack smith, with the court bulldozing through the charges against mr. trump for his alleged criminal efforts to stay in power. making the completion of any trial before november virtually impossible. chief justice john roberts laying out a new sliding scale of what can be prosecuted, saying a president "may not be prosecuted for exercising his core constitutional powers," that he has "immunity from prosecution for all his official acts," but that a president has "no immunity for private, unofficial acts," while cautioning the president is not above the law. a federal grand jury indicted the former president for orchestrating a conspiracy to retake the white house. prosecutors alleging he leaned on his doj, vp and state officials to help him reverse the election results, mobilizing meetings of fake electors. it all culminating in the violent attack on the capitol on january 6th. mr. trump has pleaded not guilty to all charges and argued without immunity every president could be prosecuted by political opponents. >> if you don't have immunity, you're not going to do anything. you're going to become a ceremonial president. you're not going to take any of the risks. >> reporter: the majority today agreeing the commander in chief "must be able to carry out his constitutional duties without risk of political prosecution." writing "without immunity such types of prosecutions of ex-presidents could quickly become routine and that would weaken the presidency, which is exactly what the framers intended to avoid." the special counsel had pushed to get the case to trial before november. >> my office will seek a speedy trial. >> reporter: the ruling now dramatically chipping away at parts of smith's case. the justices finding mr. trump's urging of the then attorney general to investigate voter fraud now absolutely immune from prosecution. what remains in the indictment including his pressure on his former vp. >> mike pence is going to have to come through for us. >> reporter: and local officials like this phone call to georgia's former secretary of state. >> i just want to find 11,780 votes, which is one more than we have." >> reporter: are now entitled to a presumption of immunity. the liberal justices with a blistering pushback. justice sotomayor writing "when a president uses his official powers in any way, under the majority's reasoning he will now be insulated from criminal prosecution. orders the navy seal team 6 to assassinate a political rival? immune. organizes a military coup to hold on to power? immune. takes a bribe in exchange for a pardon? immune. even if these nightmare scenarios never play out, the damage has been done." >> and laura jarrett joins us now live outside the supreme court tonight. laura, what are official or unofficial actions by the president will be decided by a lower court, and that's going to push the timeline for another trump trial? >> reporter: yes, tom. judge chutkan now has a heavy burden to try to figure out what if anything remains in this indictment. it's going to take some time for her to even get the case, schedule a hearing, potentially bring in witnesses and evidence, all of which mr. trump may try to appeal. tom? >> laura jarrett leading us off tonight. laura, thank you for that. hallie jackson is following the politics of all this. hallie, former president trump is already out there declaring victory after this ruling? >> reporter: that's right, tom. calling this a big win for the constitution and democracy, in his words, saying it should end what he describes as the witch hunts against him. that this ruling virtually assures his trial will get pushed until after election day. and politically for him that is a win. but the white house in a new statement says nobody is above the law and that the country needs leaders like president biden who in their words respect the justice system and don't tear it down. his campaign already fund-raising off this ruling, tom. >> and hallie, i know you have some reporting on long-time trump ally steve bannon heading to prison to start his four-month sentence? >> reporter: that's right. the former white house senior adviser walking into that connecticut prison telling reporters he is proud to serve time. you see it there. he was convicted on charges of contempt of congress for defying a subpoena to testify before the january 6th committee. he's set to be released the week before election day. tom? >> all right, hallie, thank you for that. all of this of course comes as the biden campaign struggles with calls from democrats to drop out of the race after his poor debate performance. the president and first lady both pushing back tonight. kelly o'donnell has more from the white house. >> reporter: a campaign pressure point. as democrats wrestle with whether to save or change their party's nominee. today with a new ad the biden campaign looking to calm a crisis over his halting debate performance that rattled many democrats. >> i know i'm not a young man. but i know how to do this job. >> reporter: first lady jill biden on the cover of "vogue," where she says they "will not let those 90 minutes define the four years he's been president. we will continue to fight." the president has been at camp david. multiple sources say some family members expressed deep frustration with advisers over debate preparations, a criticism voiced today by some elected democrats. >> i think he probably could get better advice in terms of how to prepare and present himself to the american people. >> reporter: a source familiar with the president's mood after the debate describes him as humiliated, lacking confidence and painfully aware of the debate's impact. white house officials said they expect to add interviews and public events to increase the president's visibility, but doubt and worry remain about risk to other races. one house democrat telling nbc news, "i think everyone wants to see house swing district polling and then make a decision. that has to be the firewall." biden campaign officials note that if the president did step aside control of his campaign war chest and operation would go only to the vice president. any other contenders would start at zero. tom? >> kelly o'donnell with that new reporting from the white house. we'll take a turn now to a developing story. a terrifying moment on a flight from spain to uruguay forced to make an emergency landing after severe turbulence left dozens injured. tom costello's with us. tom, what exactly happened? >> reporter: this was an air europa boeing 787 with 345 people on board. it hit severe turbulence over the atlantic. so severe passengers were thrown into the ceiling panels, which were severely damaged. one passenger was actually thrown into an overhead luggage bin. at least 30 people injured, most of those minor. but witnesses say several people suffered broken bones and head injuries. at least one passenger's seat was twisted and broken. the airline says the pilot diverted the plane to natal, brazil, where 15 ambulances were standing by on the runway. in may you may recall a singapore airlines flight made an emergency landing in bangkok after hitting severe turbulence. dozens injured. one man died of a cardiac event. researchers say turbulence is becoming more severe as climate change heats up the planet. tom? >> all right. tom costello with those wild images tonight. tom, we thank you for that. in the caribbean hurricane beryl remains a dangerous category 4 storm, pounding grenada, st. vincent and barbados and causing widespread damage. it made landfall this morning with winds of 150 miles per hour. dylan dreyer's here live for us. dylan, we've never seen a hurricane this powerful, this early. >> no. this is breaking records for sure. this is the strongest hurricane we've seen this early in the season. the storm now is about to move over the water, and it will continue to weaken. although winds right now are still up to 150 miles per hour, making it a category 4 storm. it should weaken as it passes south of jamaica by wednesday most likely as a category 2 hurricane, and then it will approach the yucatan peninsula. and we'll watch that as we go through the week. closer to home we do have some severe storms expected especially across iowa into northern missouri tomorrow. large damaging hail. also wind gusts over 60 miles per hour. the ground is already saturated too. so this could lead to some flooding. we also have extreme heat. and tom, it looks like this heat is going to stick around through at least the 4th of july. >> all right, dylan, we thank you for that. we want to turn now to a murder trial out of boston that has so many twists and turns a jury tried but couldn't reach a verdict. karen read was accused of killing her boyfriend, a boston police officer. but a mistrial was declared today. erin mclaughlin has the details. >> reporter: tonight karen read walking out of court after a jury was unable to reach a verdict in her tumultuous trial. >> i'm declaring a mistrial in this case. >> reporter: following five days of deliberations, the jury of six men and six women deadlocked over whether to find read guilty of murdering her boyfriend, boston police officer john o'keefe. the judge reading this note from the jurors. >> "some members of the jury firmly believe that the evidence surpasses the burden of proof. others find the evidence fails to meet the standard." >> reporter: o'keefe's mother was visibly upset. read embracing her family. her lawyers vowing not to back down. >> no matter how long it takes, no matter how long they keep trying, we will not stop fighting. >> reporter: it's the culmination of an extremely complex trial that included 74 witnesses, hundreds of exhibits, and allegations of a police cover-up. captivating watchers on social media and outside the court. >> free karen read! >> reporter: prosecutors allege following relationship issues and a night of heavy drinking read backed her suv into o'keefe, leaving him to die in the snow outside the home of a fellow police officer. arguing the constellation of the facts point to read including pieces of a broken taillight recovered in the snow. >> i hit him, i hit him, i hit him, i hit him. those are the words of the defendant. >> reporter: the defense pointed to a botched investigation, arguing read was being framed for murder by police. >> conflicts of interest? doesn't matter. just look the other way. >> reporter: prosecutors say those allegations are untrue, and tonight they're vowing to retry the case. tom? >> okay, erin. we head overseas now, where france is on the verge of putting a far right populist in power after round 1 of the country's elections. just like here in the states, the economy and immigration are at the top of voters' minds. our keir simmons now is in paris with the race americans and the world are watching closely. >> reporter: tonight, headlines across europe declaring president macron humiliated. by a charismatic 28-year-old with an can impoverished childhood and no university degree. jordan bardella's far right former fascist anti-immigration party winning 33% of the vote. "we need a change," this supporter says. "it's not the france i knew," says this woman, reacting to the result. at a polling station in dijon, three hours from the capital, we found huge numbers voting, battling for the soul of a deeply divided country. do people outside of paris feel forgotten by the government? >> yes. emmanuel macron is a parisian. >> reporter: "he lives in an ivory tower," says this rival candidate, "disconnected from reality." >> france lead! >> reporter: tonight france winning a major soccer match in germany. but their superstar captain, his father an immigrant, warning extremists are at the door. fans of the european tournament last week telling us inflation and immigration are to blame for this unprecedented post-war right-wing lurch. >> i kind of understand why people are angry. >> reporter: do you think people are forgetting their history? >> oh, yeah, they sure are. candidates spin it in a way that suits them. >> reporter: the french far right has been negative on the european union and positive towards putin. europe's future rests on the second vote next sunday. tom? >> keir simmons from paris. keir, thank you. in 60 seconds, outrage and protest after the deadly police shooting of a boy with a replica gun who was running from cops. what police bodycam video shows about the incident. we'll show it to you right after this. it's... the side hug. tween milestones like this may start at age 9. hpv vaccination—a type of cancer prevention against certain hpv-related cancers, can start then too. for most, hpv clears on its own. but for others, it can cause certain cancers later in life. you're welcome! now, as the “dad cab”, it's my cue to help protect them. embrace this phase. help protect them in the next. ask their doctor today about hpv vaccination. i'm a rusty old boat hitch, and i am barely hanging on... ha ha ha. and while we're still miles from the lake, i'm gonna launch this boat right here. see ya. 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[traffic noises] so get allstate, save money on auto insurance and be protected from mayhem. yeah, like me. ♪♪ we're back now with the family demanding answers after police fatally shot a 13-year-old boy. police saying he was holding a replica gun. now the bodycam video is out. emilie ikeda has it. and we do want to warn you the images are disturbing. >> drop it! >> reporter: new video of a gut-wrenching police shooting that killed a 13-year-old boy -- >> what do we want? >> reporter: -- tonight prompting growing demands for answers and accountability. family of nyah mway, who graduated eighth grade just last week, joined protesters outside of utica, new york city hall. >> i can't accept that he's gone from our family. >> reporter: on friday night utica police officers approached mway and another young person who they say matched a suspect description for a recent robbery. >> i'll just pat you down, make sure you got no weapons on you. >> reporter: body camera video shows that's when the teen took off. police pausing and highlighting the video where they say mway pointed what looks like a handgun at officers. later learning it was a replica glock pellet gun. police tackled mway and seconds later fired a shot. a use of force protesters say went too far. mway's family is part of utica's robust refugee population. members of the karen, an ethnic group from myanmar. >> our parents, they fled war. they fled persecution. we are the future. this is our home. we're not running away. >> reporter: utica's mayor now urging patience. >> people want justice but they don't want to see due process. we have to see the process play out. >> reporter: the state attorney general's office and utica police are both investigating. in the meantime the officers involved are on administrative paid leave. tom? >> emilie ikeda for us tonight. emilie, we thank you for that. and up next, we switch gears. they've vaulted their way to paris. hoda kotb's exclusive interview with the women gymnasts on team usa. stay with us. h carriers... 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