Is deceiving the u. S. , despite President Trumps claim that kim jongun agreed to denuclearization. Nbcs Janis Mackey Frayer has details. Reporter it was a remarkable moment. The leaders of the u. S. And north korea Standing Shoulder to shoulder, pledging to denuclearize the korean peninsula. But now, more than a dozen u. S. Intelligence officials tell nbc news that despite this months historic summit, north korea appears to be pushing ahead with its nuclear program, stepping up production of enriched uranium in recent months at multiple secret sites. One official saying of the north koreans, theres no evidence that they are decreasing stockpiles or that theyve stopped their production. Whats clear here is that the u. S. Believes, in fact, they are being deceptive about the actual size of their program. That north korea is growing its Nuclear Arsenal and conce concealing it appears to contradict President Trumps view. Were going to have a great discussion and i think tremendous success. Well be tremendously successful. Reporter that the summit was a success and north korea is no longer a Nuclear Threat. The north did stop missile and Nuclear Tests and said it would destroy an engine testing site, but just days ago, satellite imagery showed rapid upgrades at yongbong, its main nuclear site. Analysts sta s its not unexpec that north korea has these sites, but that they would reveal it. The white house has declined to comment on the intelligence assessment and how it might affect what President Trump has called a special bond. Janis mackey frayer, nbc news, beijing. Lets bring in melanie nona with the hill and jonathan with nbc news digital. Great to have you both here on this sunday morning. Jonathan, based on our reporting, is there any indication whether secretary pompeo and the president s advisers were aware of this apparent deception as the president was getting ready to meet with kim jongun last month . Im not sure the degree that they were aware of the deception. I think that, you know, as our colleagues reported, this is ongoing and i think the big question coming out of this, dara, is, you know, the left, the critics of the president say this was something that we should have expected, that the president was naive in meeting with kim jongun. And yet at the same time, if this is used as a justification for the United States using force against north korea or threatening to use force against north korea, i think those same critics are going to be pretty upset about it. And melanie, even if President Trump continues to call his meeting with kim jongun a major Foreign Policy achievement, i mean, how much does this change the course of these negotiations . Look, i think this really underscores the fact that its going to be incredibly difficult to ultimately get a deal with north korea. This meeting was a huge propaganda victory for north korea, if nothing else comes out of it. And i think the United States has to ask itself what other concessions do they need to see before moving forward with any further talks or meetings, including whether they should have to declare all of these secret test sites that have now been revealed by some of the nbc reporting. So, look, i just think that the president has an uphill battle. He was naive to think this could be easily solved. And certainly this new reporting undercuts the idea that the Nuclear Threat is no longer in north korea. And also new today, a behind the scenes look at how President Trump is narrowing down his choices for Justice Kennedys replacement. An adviser to the president tells the Washington Post that he plans to use the same playbook that led to the relatively swift confirmation of neil gorsuch last year. Among the qualities hes looking for, someone who is not weak, meaning someone with independent judgment and the current to buck the political and social fashions of the day. Also new today, republican senator Lindsey Graham is weighing in on the renewed concerns over roe v. Wade being overturned. Heres what he told my colleague chuck todd in an interview airing later this morning. One of the concepts that really means a lot in america is story decsis, which means you dont overturn precedent unless theres a good reason. Roe v. Wade in many different ways has been affirmed over the years. Jonathan, your takeaways from the Washington Post article on this socalled gorsuch playbook. President trump is using it to pick the next Supreme Court justice. Well, first of all, because neil gorsuch got confirmed, if i were at the white house, i would also be talking about using the gorsuch playbook. I think youve got different dynamics now. Weve obviously seen the president in office for a lot longer at this point. Weve seen gorsuch on the bench. Youve got republican moderates who are very concerned about the possible change, not only on roe v. Wade, but on other issues, where, you know, when you saw gorsuch come in for scalia, that didnt change the balance of the court. What youre looking at now is a potential change of the balance of the court, becoming a more conservative court with the president s pick. And it could be a tough battle. Melanie, you heard senator graham a minute ago on how roe v. Wade will likely factor during this confirmation process. What signals will you be looking for from the left and the right for how this will play out . Well, on the right, all eyes are going to be on Lisa Murkowski and susan collins, two republicans who support womens rights and they do not want to see this precedent of roe v. Wade overturned. So its going to be on them. Democrats are going to lobby them. Theyre also going to try to raise fears about abortion rights being overturned and made illegal if a conservative justice is appointed. And on the other side, were going to see republicans really ramp up their focus on some of these red state democrats, including the three that voted for gorsuch last time. So its going to be a long, messy fight on capitol hill, its going to be a long summer. Luckily or not so luckily, Mitch Mcconnell canceled august recess, so theyll have some hopes of getting this done before the october new term starts for the Supreme Court. Well see if that actually happens. Jonathan, before we go to break, i want to get your reaction on the growing calls for some democrats to abolish i. C. E. Take a listen to what senator gillibrand told my colleague at a rally to unite families yesterday. Lets listen. I think the mission of i. C. E. Is no longer being accomplished. Unfortunately, i. C. E. Is becoming a deportation force. Immigration should be dealt, immigration is a humanitarian issue. And the criminal issues, the Border Security issues should be dealt with differently. Jonathan, what are you hearing from other democrats about this strategy . Are they at all concerned that it might backfire . Well it, largely depends on if like senator gillibrand, theyre running for president in 2020. Senator gillibrand has obviously not announced a campaign, but is somebody who is considered a possible 2020 contender. Shes somebody who used to have a much different view on immigration than she does now. So she is moving to the left to try to satisfy the base and thats not to say the doesnt believe in what shes saying, but certainly politically, thats whats going on here. I think what youre hearing from the others not necessarily running for president , i think they understand that abolishing i. C. E. Is a politically difficult, tricky thing to do, and something that allows their opponents to kind of characterize them as the president does, as being for open borders and not believing in any immigration enforcement. Its a battle thats going on within the Democratic Party right now. But it sounds for the moment like more of a talking point, like when ted cruz on the right talks about abolishing the irs. Obviously, somebody would have to collect taxes. Obviously, youre going to have to have some group doing immigration and Customs Enforcement in the United States. So whether or not youll abolish that agency, the functions would stay there. And melanie, President Trump is now claiming that he never pushed republicans to pass their immigration bills, but what are you hearing from republicans on their strategy moving forward, if their constantly trying to gauge the president s thinking on immigration. Yeah, first of all, i think its a little bit of revisionist history here. He tweeted three days earlier in all caps locks for republicans to support this bill. I also talked to republicans who were personal lobbied by the president , thrown on buses and taken to the white house to go ahead and support this thing. So look, i think its going to be a problem. And ive heard this from a lot of republicans on capitol hill. Theyre scared to vote for things when they think the president could walk back his support, even after theyve already voted. So when they return to washington this week, theyll have to next week, theyll have to deal with this family separation issue, as well as speaker ryan has promised a standalone vote on some agricultural provisions with everify and a new agricultural guest worker program. But its going to be an uphill battle. And how is this immigration issue going to play out in the midterms . A win for the democrats, republicans, or possibly nobody . All of the above plus everybody. I think, look, the president put out that tweet and melanie has done some great reporting on immigration over the course of the past couple of months, but, you know, the president put out that tweet and it really underscores the degree to which hes trying to convince his base that they should be up in arms about immigration for this midterm election. Certainly democrats are enthusiastic going into this election in general. They are upset about whats going on at the border. The president is trying to make sure republicans show upping with particularly trumpsupporting republicans who arent typically, necessarily people who didnt typically, necessarily vote before the trump wave, trying to get them out there, talking about immigration as though he were not on the side of passing that bill. I think well do that. Were still some months away. Its a little early to determine how any individual issue plays on election day. That time will fly. Jonathan allen, melanie, stick around. Weve got more to talk about, stick around. The future of roe v. Wade with Justice Kennedy leaving the Supreme Court. The role chief Justice John Roberts would have, up next. And before the break, the earthshattering retirement of Justice Anthony kennedy reverberates in the realm of latenight tv. Justice Anthony Kennedy met with trump for half an hour. Actually, he wasnt planning to retire, but after 30 minutes with trump, hes like, ive got to get out of this town. Ive had enough. Im going to retire, im good. Justice kennedy, wlhat are yu doing retiring, man . You barely work, you get to wear a robe all day and give your opinions on stuff. That basically is retirement. Hes 81 years old, so hell go from sitting around in a robe all day to sitting around in a robe all day. So its going to be very difficult. I never thought id say this, but youre only 81 discover card. Hey, im curious about your Social Security alerts. Oh just sign up online and well alert you if we find your Social Security number on any one of thousands of risky sites. That sounds super helpful. How much is it . Well, if you have a discover card, its free. No way yes way we just think its important for you to be in the know. All right hey. Ewww everything ok . Being in the know is very good. Yeah, it is. Ooo dont shake dont shake ahhh know if your Social Security number is found on risky sites. Free from discover. Your insurance so small you could fix it with a pen. How about using that pen to sign up for new insurance instead. For drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Liberty stands with you. Liberty mutual insurance. Can be a big bad problem that you could spread to. Family members, including your grandchildren babies too young to be vaccinated against whooping cough are the most at risk for severe illness. But you can help prevent this. Talk to your doctor today about getting vaccinated against whooping cough. Because dangers dont just exist in fairytales. Welcome back. President trump is in bed minhster, new jersey, where he is said to be preparing to interview candidates to fill the Supreme Court vacancy. And now the president s evangelical adviser, johnny moore, says theres a high level of confidence to overturn roe v. Wade. The president says hell announce his court choice july 9th. Joining me now, is msnbc legal analyst, danny cevallos. Lets start with roe v. Wade. What would happen for the Supreme Court to overturn such a landmark case . Roe v. Wade is not really in as immediate danger as many are saying. Procedurally, what would have to happen is an actual case addressiaddress ing roe v. Wade would have to work its way through the courts. Even if it got to the Supreme Court, the Supreme Court would have to vote to hear it. And even if it heard it, recall now, if you want to call somebody a swing vote, that swing vote would be Justice Roberts. And when you think about roe v. Wade, yes, it stands on very flimsy legal justification, but on the other hand, its also been part of jurisprudence for decades. And the Supreme Court, prudent to what they call stare decisis, is likely to let something as old as roe v. Wade stand, simply because its been around so long that everybody accepts it as a constitutional right, even though its built on a flimsy house of cards. And danny, youve written about this, that chief Justice Roberts would want to avoid the controversy of overturning roe v. Wade. Why is that . Justice roberts is a staunch defender of the sort of the, of the respect of the Supreme Court. And for that reason, he would be really, really cognizant of the fact that this would create, an overturning of roe v. Wade, a huge controversy. And that may be something he would want to avoid. But he can hang his hat on strong legal justification, again, because roe v. Wade has been law for so long, even though it original aly may have been decided based on no real legal justification, it still has been around forever and everybody accepts it as a right. And President Trump is now interviewing finalists for the vacancy in the Supreme Court. In these interviews, what is it that the president would usually ask . And is there anything offlimits . What would the president usually ask . Thats a different question from what this president will be asking. To get into the mind of President Trump, to me, there are two or three nominees that jump out. I think President Trump likes bullet points and professor amy coney barrett, i should say judge amy coney barrett, ticks off a lot of those bullet points. Hes very young, shes 46, a very good thing for a Supreme Court justice. She also could be a great political move. Because if during confirmation, as cardiolo as the senate questioned her about her religious faith, that could become a political advantage to trump going into the elections. Judge barrett was confirmed by some 60 plus votes. There really isnt a strong reason to not confirm her only several months later. And if senators grill her about her religious faith, then that could backfire on them when it comes to the november elections. And danny, talking about the votes, the republicans currently have the majority in the senate, and since the deployment of the nuclear option, a justice only needs 51 votes to be confirmed. If the democrats oppose the president s nomination, what are their options . There are a couple of options. There are at least two prochoice senators that could be turned, thats the prevailing theory right now. But its true that, you know, that democrats are going to be fighting from behind to try to block this nomination, if they choose to block it. And then that reverts back to why i think judge barrett is a frontrunner, because if they do, if they attack this potential female nominee bauds on her religious faith, this could backfire against them and they may lose some of the votes they were actually counting on from other democrats. And real quick, i want to play what senator booker said this week. Lets take a listen. I do want to point out one thing that hasnt been mentioned by my colleagues that we all should know and be aware of, which is to me, what i think is clearly a potential conflict of interest. One that has a profound reach. The president of the United States right now is a subject of an ongoing criminal investigation, an investigation that every member of this committee knows could end up before the Supreme Court. Danny, real quick, do you agree with senator booker here zw. That he shouldnt be able to nominate a Supreme Court justice because hes under investigation . Absol