mccallum and this is "the story." president donald trump calling it a big win for democracy. the supreme court ruling he has immunity from prosecution for official acts as commander in chief but not for unofficial actions leaving it up to the lower court to decide what that means, specifically on a case-by-case basis and in this situation, in the federal election interference case. that means that the trial will very likely not happen before the november election, if it happens at all. the six conservative justices backing this ruling, the three liberals dissenting. chief justice john roberts writing this for the majority, quote, "the president is not above the law but congress may not criminalize the president's conduct in carrying out the responsibilities of the executive branch under the constitution." now, justice sonia sotomayor writing, the criminal law that the must of us must abide by will not provide a backstop with fear for democracy, i dissent, she writes. one of the former president's lawyers in this case, will sharp, is standing by but first former deputy assistant attorney john yew, now a uc berkeley law professor. nice to have you with us, thank you for being with us today. your reaction to this decision, and just explain for everyone whether this is a decision that is -- it was obviously brought because of the trump situation, but the way the justices framed it, are they framing it in terms of the presidency in general? >> great point to make, martha, this is not about donald trump or joe biden who also benefits from this decision too. it's about the institution of the presidency. how best do we design a presidency so that people in the office can act quickly and with decision and activity and energy and what the court said is we have to protect not just this president but all future presidents from having to look over their shoulders to worry about being prosecuted some day when they make tough decisions like having to attack enemies with drones and so on. i just finished teaching a class on the presidency. i have read every major supreme court case on the presidency carefully, written a number of books on the presidency, i can say that donald trump today won the most important decision of any president before any supreme court, before any time in our history. >> martha: well, that's a huge statement, and, you know, it's being weighed obviously with a lot of political reaction on either side, and obviously, there are a lot of folks who will not be happy with this decision because they really want to see what they see as justice brought in these januar. let's look at justice sotomayor, she says this in her dissent, trump can now assassinate rivals as president. when he uses his official powers in any way under the majority's reasoning, he will now be insulated from criminal prosecution. orders of the navy seal team six to assassinate a political rival, immune. takes a bribe in exchange for a burden, immune, immune, immune, obviously she was very angry, there's a very divided court over this issue. what is your reaction to her language there, is she correct in what she says, in your opinion? >> i don't think that she's correct in that the answers are clear. the court here left a lot of the decisions to the lower courts to work out in the future. so in all those examples that justice sotomayor gave, it depends on whether the president is as she recognized acting using his official powers or he's acting outside his official capacity as president. you could say if a president tries to use military to conduct a coup or to kill his political rivals, he's not acting as the president. the presidency doesn't have the authority to do any of those things and they're unofficial and even as trump's lawyers conceded at oral argument, immunity does not extend to things the president does when he's acting in his private capacity. so things he does as a candidate, things he does outside the scope of his office do not benefit at all from this very broad immunity decision. >> martha: so there were two parts to this and two parts that they did not rule on with regard to this slate of state electors issue in several states. tell us what you think will happen there and do you think that that situation falls outside of the official duties of the president and didn't trump attorneys say as much? >> martha, i'm glad you're hosting the show, you're not showing up in my class in law school because you're asking me some tough questions so which there are no answers yet. the court actually says we don't know the answers to this, it's up to the lower court judges, we're going to give you some ideas. and so here's some examples of things we know are official that were charged so one thing that you can't prosecute trump for now is his discussions with the attorney general or the acting attorney general to conduct an investigation into electoral fraud. the court says that's absolutely immune. in your example, though, the court suggests that might not be immune, if the president is just acting as a candidate for office and he's talking to -- he heads to republican parties in other states about maneuvering politically, that might not be immune, that might be unofficial conduct. >> martha: okay. but as expected, they left it to the lower courts to decide specific cases with regard to specific presidents and in this case, president trump, and they went with the larger interpretation of presidential duties and what's included in them which you're an expert on and have written and taught on enormously. in great depth, i should say. john yoo, thank you, always good to have you with us. >> thanks, martha. >> martha: so also with us, joining me now, one of former president trump's attorneys in this immunity case, will sharp, he is also running for missouri attorney general as a republican. welcome back to the program. good to have you with us today. obviously, a big day for your side. what was your reaction when you heard this ruling? >> yeah, we were pretty excited. we really don't think the supreme court could have issued a better opinion here. you know, at oral argument, justice neil gorsich said it's truly one for the ages, and i think that's the sort of opinion we got out of the court today, this is an opinion that upholds our constitutional system of separation of powers, it defends the institution and the office of the presidency. certainly it has drastic and devastating impact on jack smith's on-going prosecution of president trump but more than that, we're just very happy that the supreme court stuck to the constitution, stuck to the rule of law and defended the institution of the presidency in this case. >> martha: but do you agree that they were speaking about the presidency in general terms and not the specific actions of the former president in this case and that the late of electors issue is still out there potentially for prosecution? >> the supreme court says, in chief justice roberts' opinion, some acts that the president takes, he has absolute immunity from prosecution for. there are other acts where he has a rebuttable presumption of immunity. both of those categories apply to many acts that are charged in the d.c. indictment against president trump. the court also says, as we've conceded, at every stage of this case, that for a president's private conduct, he has no immunity. what we're talking about here is official act immunity so what's going to happen now is really what should have happened from the start of this case. we are going to see a searching fact-intensive inquiry by the lower courts into what conduct was private and what was official. that's something that's going to play out in the coming months. we think we have very strong grounds to argue that a vast majority of this indictment falls within the supreme court's definition of official conduct. but it's just really important -- it's important to note that it was this rush to judgment, this rush to move this case on a fundamentally political timeline that resulted in both the d.c. district and the d.c. circuit giving our key constitutional arguments what i believe was really short shrift so i'm glad that the supreme court stepped in. i'm glad that we're going to have an orderly process here going forward, sorting out official from unofficial acts, and we believe that's a process that's going to be highly favorable to president trump in court. >> martha: understood. understood. obviously, you deal with the legal aspects of this. but i want to play some of the reaction in the media because i think this becomes a political sort of -- it becomes an issue that i think democrats are going to want to use to their favor in some ways as well and here was their reaction. watch. >> it's almost like a license to thug, in a way. like you can do whatever you want and supreme court is probably going to let you get away with it. >> you've got the ghost of richard nixon laughing. we are really headed for a disaster. >> the imperial presidency is now made concrete. >> if joe biden decided to use seal team six to go after his political rivals, according to this case, he may be justified in doing that. >> martha: what do you say to them? >> it's patently absurd. it's exactly that sort of parade of horribles that the court heard at oral argument and seems to have soundly rejected. we have long-standing, strong constitutional checks against those sorts of abuses of power. but never before in american history has postop criminal prosecution of a president been one of those checks. the dangerous thing is the biden administration rush to use the department of justice to politically prosecute their political rivals. that's something we've never seen before in american history. that's a dangerous innovation and i'm glad that the supreme court stepped in to uphold what's been the american system from the dawn of the republic. >> martha: yes. to say that immunity applies to official acts but not unofficial acts and that that would apply to president biden or any other president down the road is what the court essentially said here. what do you think that the judge in d.c. will do now, this was all waiting for the decision from the supreme court so what do you think she does now? >> the court told her what to do, conduct a fact-intensive inquiry into the scope and nature of all of these actions and determine whether they're immune actions or non-immune actions. that's the process we're excited to litigate in front of her and we'll see how it plays out. >> martha: do you think there's chance this goes to court before november? >> there is almost zero chance of there being any other trial against president trump before the november election. he's going to be on the campaign trail where he belongs and not tied up in courtrooms. >> martha: and i got to squeeze in one more, will, what do you think happens at the sentencing next week? >> we'll see. that's obviously contentious issue, but i believe that entire judgment is going to be thrown out on appeal because of how unconstitutional and lawless that entire new york prosecution was. so whatever the sentence is, we're excited to get that up to the higher courts where we believe we have a very strong chance of success. >> martha: all right. will scharf, great to have you. good to see you today. >> thank you. >> martha: senator john kennedy reacts to the supreme court huge decision today on presidential immunity on the whole for all presidents, what applies, what doesn't apply, big moment this morning, and senator kennedy's first reaction to all this is next. if you're a veteran wife, homeowner, and the family bookkeeper, you're the first to know when high rate debt is stressing your budget. but your family's service has earned you a big advantage. the va home loan benefit. with the lower rate newday 100 va cash out loan, you can pay off high rate credit cards and car loans. that's real money you can use to take care of your family and home. when did i call leaffilter? when i saw my gutters overflowing onto my porch. leaffilter is a permanent gutter solution, so, you never have to worry about costly damage from clogged gutters again. it's the easiest call you can make. call 833.leaf.filter today, or visit leaffilter.com. when we're young, we're told anything is possible... ...but only a few of us go out and prove it. witness the greatness of anna hall on a connection worthy of gold: xfinity mobile. only xfinity gives you the most powerful mobile wifi network, with speeds up to a gig in millions of locations. and right now, xfinity internet customers can buy one unlimited line and get one free for a year. get the fastest connection to paris with xfinity. >> martha: president biden's family reportedly encouraging him to stay the course, stay in the race after the devastating debate performance the other night. first lady jill biden on the cover of the new issue of "vogue," there is the annie liebowitz photo, telling the magazine that the family quote will not let those 90 minutes define the four years he's been president, we will continue to fight. president biden will always do what is best for the country. but a democratic national committee member who was on a call with the dnc and the biden campaign this morning tells a.p. this, quote, there were a number of things that could have been said in addressing the situation, but we didn't get that, we were being gaslit. let's bring in gopac chairman and fox news contributor, great to have you both with us. richard, let's start with you. obviously there's division among democrats about the best course forward. do you think that when the first lady says "we will continue to fight, we'll always do what's best for the country," are those two things necessarily in synch, in your opinion? >> i think that's the question a lot of people are asking themselves today. it's very clear that the biden team at this point in time plans to keep the president in this race because only he can make that decision. and i think the mechanics here are really important, the idea of him leaving the ticket at this point and what the party would have to do to launch a new ticket would indeed be problematic and there might not be enough time for it. but i do think this opens up an opportunity for the president, martha. there is so many good governors out there, many of the folks we've talked about on this air before who can go out and begin to talk about what the biden administration has done in their states and what they have done with the biden administration, westmore exa and the bridge cole and the channel is open. >> martha: well, yes, but the question is can he function in the job and can he function as president, regardless of what has been done or not done in the past. that's a real -- it's a real question, richard, isn't it? >> no, it's most definitely a real question and we're at the point and stage in this campaign after the primary elections have already been -- those votes have already been casted, only the president can make this decision, nobody else can. >> martha: well, that's true. david -- i guess, is that the case completely? there are some who question whether or not other measures might be taken if the president as the new york post says today is only alert and focused on the job from 10 till 4, i mean, this is a job -- i remember those -- remember the ads about the 3 a.m. call, who will answer the 3 a.m. call? that's a pretty important phone call, it doesn't happen between 10 and 4. >> it absolutely is. martha, who would have thought that this week we thought we would be talking about who trump was going to put on the ticket, not is joe biden going to stay on the ticket. let's keep in mind this is not new. dean phillips warned democrats about this. robert kennedy tried to get democrats to rally around someone else and for all the democrats who are now calling for joe biden to step down and not run for re-election, why wait? if the reason you now believe he should not be the nominee is because he is not fit to be president, then why not call on him to resign right now? the democrats aren't going to do this. the reality is they got the candidate they wanted, they got the republican nominee they wanted, they got the debate they wanted, when they wanted it and now they're like oh, my gosh, what are we going to do? >> martha: i want to play this from james clyburn who obviously played a pivotal role in the first time that president biden ran in terms of bolstering support for him in south carolina and it turned the tide and got him the nomination, here's what he's saying now. watch this. >> he should stay in this race. if you're going to have another debate, the preparation for that debate needs to be different. >> i still believe in joe biden. do there needs to be changes? yes. managing him. management. to his schedule, changes maybe even to those around him. >> martha: richard, i'm just not clear, it sounds like people are playing anita dawn and bob bower for the debate preparation, that it was too micromanaged and they jammed him with statistics and that he wasn't able to pivot and all of that stuff, but that may be true, maybe it was a bad debate prep, but to perform like that, the only thing that's going to erase that is if he's a totally different person in september at that debate, richard. do you agree or not? >> listen, i think you raise a valid point and i think what we saw the next day in that rally in north carolina was a different president. >> martha: all on prompter. >> sure, but even if we talk about the state of the union address, we see a number of -- >> martha: all on prompter. >> we've also seen the president joust with the press. in the state of the union he jousted with members of the republican party off prompter, so i think there's -- what i'm trying to say here, there's no question that was a bad 90 minutes, he wasted 70 minutes of that trying to find his footing. and i think we can all acknowledge that. i think also we know that there's an -- we've seen the other president the next day and the question is which of those presidents we get in october and is this enough to vote for him. >> martha: david avella, republicans are talking about the 25th amendment, like i said, an excellent debate in september might wipe all of that away but they don't have till september, they have till auguso begin this process of officially nominating him before the convention. >> most importantly, what do voters think about it. four-point lead for trump, ten points in pennsylvania, three points in wisconsin, and even if it were trump versus kamala harris, donald trump still wins by two. voters are saying it's time to go a new direction. >> martha: we know what makes a change in the primary process and it's when the donors start to go away, and you're right, the polls are going to be very significant in the coming days. richard bower, thank you. david avella, thank you. great to see you both. so as promised, senator kennedy on today's consequential ruling from the supreme court. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. it's pain o'clock! let's do this! sorry, pain. i can't let you in. what? i've had a standing appointment with mr. dubin for years! i'm expected! not anymore. mr. dubin's been taking relief factor. relief factor!! keep pain away for good, with relief factor. a natural supplement that takes a different approach to pain relief. it doesn't mask pain, it builds up your body's response to inflammation so pain won't get in. call or go online today and live your best life without pain. ♪ >> martha: former president trump celebrating the supreme court's ruling that presidents do have some immunity when it comes to official acts. telling fox news digital this, quote, "now i am free to campaign like anyone else. we are leading in every poll by a lot, and we will make america great again" was his statement reaction to fox digital. senator richard blumenthal said this in reaction, the members of the court's conservative majority will now be rightly perceived by the american people extreme and naked partisan hacks. politicians in robes, he wrote. let's bring in another member of the senate judiciary committee, louisiana republican john kennedy. senator, always good to have you with us, thank you very much. so from your perspective, as an attorney and someone on the judiciary committee, who's right there, trump or blumenthal? >> i think senator blumenthal is wrong. the justice department asked for this opinion and they got it, they got it good and hard. number two, you didn't have to be honorable wendall scalia to see this opinion coming, it was predictable because it's the law. the constitution and common sense demonstrate that the justice department can't prosecute a president, not criminally, for an official act. it can for a personal act. now, if the justice department wants to prosecute a president for his behavior, the justice department has the burden of proving that it's a personal act and the supreme court said we're not going to do your work for you. the third point i would make, martha, remember, the supreme court sees what we see. president biden is losing this election. president biden has neurodegenerative disease. he practically invents a new language every time he speaks. his family has serious legal problems. his staff, which is running the country, is more concerned about gas stoves and whether a man can breast-feed than it is about inflation or crime or the border or national security, and that's why the president's losing. this case was political from the get-go. it was designed to help president biden and i think the united states supreme court today said, look, we don't get involved in politics, we don't want to get mixed up in this. that's why it was such, in my opinion, a predictable decision. >> martha: we've never heard a confirmation from his doctors about the disease that you suggest, people see their observations obviously, and they saw what happened the other night and they can, you know, assess his abilities, and they will come election time, as you point out. i'm curious about this, this is from hachim jefferies, said house democrats will engage in an aggressive oversight and legislative activity with respect to the supreme court to ensure that the supreme far right justices in the majority are brought into compliance with the constitution, and it seems that since they didn't get what they wanted in this -- they didn't get the case before the election, right, where they're determining whether or not this was an unofficial or an official act with regard to the president's actions around january 6th so now it appears that the political goal among democrats is going to be to make it all about the courts, you know, you've got to elect democrats because we've got to get our justices into the court system, judges approved, which is something that republicans did for a long time, and it worked. do you see that now as a huge focus for democrats in the next election? >> probably. and i think it's a sad attempt to undermine an institution of american government. look, hakeem thinks that members of the supreme court are just politicians in robes. he thinks that members of the supreme court should be able to rewrite the constitution every other thursday to advance some social or political or economic agenda that the american people won't accept. i don't see it that way. the supreme court is supposed to tell us what the constitution means. not what they want it to mean, and i think they did that today. i thought this opinion today was very balanced. it applies to all presidents. it said if you do something officially, you have immunity. if it's an unofficial act or a personal act -- >> martha: yeah, i think we just had his shot freeze up there and then we lost it. my thanks to senator kennedy for joining us this afternoon. and coming up, we will give you some breaking news. governor witmer now shooting down reports that she believes michigan is no longer in play. this is a big deal. as biden's campaign looks to first lady jill biden as their secret weapon at this point, his campaign is obviously under serious pressure right now. pollster lee carter next. >> i have never seen numbers this bad for an incumbent president during my lifetime. i mean, that mental health to be president, just 27%, you might say, okay, that's low but a lot of people thought biden was too old back in 2020. these numbers look nothing like this back in 2020. these numbers were bad already and the truth is, allison, they have gotten considerably worse even in just a few days after that first presidential debate. s making that's passed down through the generations. we stood on some pretty broad shoulders to get to where we are at today. on ancestry i was able to actually put together our family tree. each person is a glass worker. that's why we do what we do. we can't help it. the glass blowing - that's a part of our dna. it's in my blood, it's in my history. it's my job to make sure that this shop makes it to the next generation. if you have generalized myasthenia gravis, picture what life could look like with vyvgart hytrulo, a subcutaneous injection that takes about 30 to 90 seconds. for one thing, could it mean more time for you? vyvgart hytrulo can improve daily abilities and reduce muscle weakness with a treatment plan that's personalized to you. do not use vyvgart hytrulo if you have a serious allergy to any of its ingredients. it can cause serious allergic reactions like trouble breathing and decrease in blood pressure leading to fainting, and allergic reactions such as rashes, swelling under the skin, shortness of breath, and hives. the most common side effects are respiratory and urinary tract infections, headache, and injection site reactions. it may increase the risk of infusion-related reactions and infection. tell your doctor if you have a history of infections or symptoms of an infection. talk to your neurologist about vyvgart hytrulo for gmg and picture your life in motion. life, diabetes, there's no slowing down. each day is a unique blend of people to see and things to do. that's why you choose glucerna to help manage blood sugar response. uniquely designed with carbsteady. glucerna. bring on the day. lumineux whitening strips. no peroxide. no pain. i can use them every day if i want. eat what i want. drink what i want. pop in a lumineux strip and hello... ...my smile is back on point. easy. ♪ sara federico: at st. jude, we don't care who cures cancer. we just need to advance the cure. it's a bold initiative to try and bump cure rates all around the world, but we should. it is our commitment. we need to do this. sleep more deeply and wake up rejuvenated. purple mattresses exclusive gel flex grid draws away heat, relieves pressure and instantly adapts. sleep better. live purple. right now save up to $800 off mattress sets at purple. visit purple.com or a store near you today. [ ♪♪ ] >> martha: breaking today, governor gretchen witmer says she is 100% behind president biden shooting down an earlier claim in politico she warned team biden that the debate performance put michigan out of play which obviously would be a huge deal. it's an intense battleground state. if it weren't anymore, that would be a big game change sewer in a new post, she wrote this, anyone who claims i would say we can't win michigan is full of bleep bleep. joining me now lee carter. lee, great to have you with us this afternoon. obviously you see these folks, and let's put up the screen of the people who are considered possible alternatives to biden, of course, gretchen whitmer, governor of michigan, is one of those, lee. what do you make of this back and forth in terms of what she did or didn't say? >> well, my tike on all of this, there's lots of conversations happening behind closed doors and there's public unity right now that has to be around and surround joe biden until he makes an official decision. there's no way that anybody in the democratic party is going to say anything publicly against joe biden in this moment if they want to have a chance at the future of the party. because it's just -- they've got to be unified in this moment. i imagine that behind closed doors, she probably did say something like that. the poll numbers don't go look for joe biden. you saw the clip you played before commercial break, more people now are questioning joe biden's mental fitness than ever before, his poll numbers are dropping. when you look at michigan, trump is ahead on average 1.2 points. at this point in 2020, joe biden was ahead more than 10 points. this is a huge and seismic shift in the polls so you can imagine those conversations are definitely happening but nobody will admit it in public. >> martha: correct me if i'm wrong, but i think in the entire campaign season in 2020, trump was maybe only ahead of biden on one or two days in the entire cycle. so it was very clear that he was behind in 2020 all across the board but that's just not the case right now. let me play this from senator fetterman who's on the team of supporting president biden, for some obvious reasons from his own personal experience. watch this. >> that whole abandoned biden thing, that's the dumbest (bleep) i've ever heard. if you're more inclined to vote for a democrat, if you're willing to walk away from joe biden you're in fact helping trump and that is really -- if any kind of movement has that kind of movement, they want to play with that kind of fire, they better earn that burn. >> martha: you look at the numbers all the time, lee, are we going to get some numbers coming out in the next few days that will make this conversation more decisive one way or the other? >> i think we're going to see some numbers shift. generally speaking you don't see huge shifts after debates but you already are seeing some shifts out of debates so i'm expecting to see sizable shifts but i don't expect joe biden backing out any time soon but that's just my opinion. >> martha: we'll see. i think it's probably, based on solid information, but we'll see where it all goes, it's going to be fascinating. lee carter, great to have you with us. breaking moments ago, president biden's former press secretary defending the aides who prepped him for the debate who have gotten a lot of heat. this is posted, there are a lot of important discussions in debates about this political moment we are in and the past forward but the notion that the issue at the debate was the prep process done by people like ron klaine and anita dunn who have successfully prepped many clients is absurd, it was a bad debate. i have no doubt they were tough, strategic and direct, believe me, i have seen them in action. biden was bad. important conversations about what happens next but if you are directing your ire at prep, you are not talking about the right things, and that prep story came from some of what was understood to be happening within the family and who they blamed for what happened so we'll see where all this goes, a lot of intrigue here. north dakota governor on today's positive legal news for former president trump and the v.p. speculation heating up around the rnc which is coming at us like a freight train very quickly. we'll talk to the governor next. what? the host is coming back. (♪) [birds chirping] [phone dings] meanwhile, at a vrbo... oh my god. what? i got onekeycash on this house. hmm... (♪) whether you're moving across town or across the country, you can count on pods to deliver when we say we will. which is why we were voted america's #1 container moving company. book your move today at pods.com introducing, ned's plaque psoriasis. he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. otezla can help you get clearer skin. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. live in the moment. ask your doctor about otezla. somebody would ask her something and she would just walk right past them. she didn't know they were talking to her. i just could not hear. i was hesitant to get the hearing aids because of my short hair. but nobody even sees them. our nearly invisible hearing aids are just one reason we've been the brand leader for over 75 years. when i finally could hear for the first time, i could hear everything. call miracle-ear at 1-800-234-7090 and schedule your free hearing evaluation today. >> whatever happens, it means it cannot go to trial before the election. >> there will not be a trial before november. >> zero percent chance that happens before november. >> if donald trump wins this election in november, he won it over the course of these last five days. >> martha: so in the big win for trump, today's ruling from the supreme court likely delaying trial in the federal election case against him until after the november election. taking a huge issue out of the blood stream for this campaign period. and that is clearly a win in and of itself for the trump side. north dakota governor doug burgum joins me now, considered a top contender as trump v.p. saw you this morning. very interesting to watch you at home and hear from your wife catherine as well. so welcome, it's good to have you. let's start with your reaction to this decision today. how do you break it down in terms of what you think that the justices said and did in this decision? >> martha, first of all, great to be with you. it was great to have fox and friends in north dakota, and i think in addition to the supreme court ruling, getting brian killmead on a horse is pretty big news, too. >> martha: you're right there. >> relative to what's been handed down today, this is a big win for america, and it's a big win for the constitution. and it's a bad day for the biden campaign and i think it's really interesting that the democrat defenders and pundits that are all attacking this ruling by the supreme court, this isn't a ruling for president trump. this is a ruling for presidents. this ruling also protects joe biden from immunity against official acts in office and we need to have immunity for presidents of the united states particularly when we're in times like we are now, we're conducting war in these proxy wars around the world, and so it's just really telling that they're so upset about the ruling because they see it as stopping what they were actually doing which was political warfare -- political law-fare against president trump. >> martha: so interesting, because you see one side looking at it as protection for the presidency, all future presidents, and the other side is looking at it as trump getting away with something that they didn't want him to get away with. this is from the debate the other night when former president trump was asked about accepting the election results, and this is a question, it's not going away, especially now in light of this decision, i think you're going to see people wanting this to be a story that continues to be talked about since they didn't get what they wanted from this judicial process, here's his answer and you can see the dials of many independents and republicans going positive on his response here. watch this. >> if it's a fair and legal and good election, absolutely, i would have much rather accepted these, but the fraud and everything else was ridiculous. and if you want, we'll have a news conference on it in a week or another one of these in a week but i will absolutely, there's nothing i'd rather do. >> martha: what did you think of that response, governor? >> well, i think it's interesting that president trump could not have been more clear that he supports the results of a free and fair election. and this has been a whole story line since friday after joe biden's incredible poor performance but it wept more than just joe biden's poor performance. this was the collapse of ruling coalition regime by the democrats that they put together four years ago, the whole thing collapsed and that's why they're in a tailspin and that's why on every sunday show yesterday, the question was why didn't president trump say x, y or z, he did say it, you played the clip, he said it clear as day that he would accept the results. but of course the caveat is free and fair. i asked the question yesterday, said will joe biden accept the results if he loses because we know in 2000, they fought it for two months down in broward county, the democrats did, ron klaine who represented the president for the debate, kevin spacey played him in the movie "recount," ron hart was at the center of challenging the election. in 2016, hillary clinton said she accepted the results and next day they launch add smear campaign against president trump which lasted now eight years, trying to claim russian collusion, so of course every independent, every democrat, every republican should want what we have in north dakota which is elections when they're done, everybody believes the results. and we don't have to litigate them. that's what we need for all of america. but we don't have just one election, we have an election that occurs in over 3100 different counties across this nation and there's a handful of them that have got a track record where we really have to watch and make sure that the results are free and fair. >> martha: so if you were to become vice-president, you know, when you look at what happened last time around, president trump did not want the certification to go through in congress and ultimately, the vice-president mike pence decided that that was his constitutional duty to certify that election. what would you have done in his shoes in that moment? >> martha, i think this hypothetical is one that's not going to happen. president trump he wins, he serves four years, he won't be on the ballot again but the real question is for kamala harris, she's going to be likely the sitting vice-president next january 6th, is she going to be certifying an election if joe biden loses in a close race? i think that's the real test for the democrats, are they going to do what they are claiming -- will they make big news out of this all the time? looking backwards, president trump is really looking forward and i think, again, one of the reasons why he won on thursday night so big, why they should erect a statue for him like rocky because of his knock-out performance, he was looking forward. he had answers on inflation, on the border, on how to solve the wars overseas, on how to get u.s. energy policy and get energy going again in the united states. he was looking forward and joe biden, i'm not sure where he was looking. >> martha: governor burgum, thank you. continuing conversation, we hope to have you back again soon. nice to have you with us today, sir. thank you very much. >> thank you, martha. >> martha: so house republicans sue a.g. garland for the audiotapes of president biden believing that the interview that caused special counsel robert herd to determine the president is an elderly man with a poor memory cannot be buried, that americans have a right to hear that audiotape. ♪ ♪ have you always had trouble losing weight and keeping it off? same. discover the power of wegovy®. ♪ ♪ with wegovy®, i lost 35 pounds. and some lost over 46 pounds. ♪ ♪ and i'm keeping the weight off. wegovy® helps you lose weight and keep it off. i'm reducing my risk. wegovy® is the only fda-approved weight-management medicine that's proven to reduce risk of major cardiovascular events in adults with known heart disease and with either obesity or overweight. wegovy® shouldn't be used with semaglutide or glp-1 medicines. don't take wegovy® if you or your family had medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop wegovy® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may happen, including pancreatitis and gallbladder problems. wegovy® may cause low blood sugar in people with diabetes, especially if you take medicines to treat diabetes. tell your provider about vision problems or changes, or if you feel your heart racing while at rest. depression or thoughts of suicide may occur. call your provider right away if you have any mental changes. common side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may cause kidney problems. with wegovy®, i'm losing weight, i'm keeping it off. and i'm lowering my cv risk. that's the power of we. ♪ ♪ check your cost and coverage before talking to your health care professional about wegovy®. >> martha: house republicans suing attorney general merrick garland demanding the audio recording of president biden's interview with the special counsel in the classified documents case. garland already released the transcript. he says that's enough. chief washington correspondent mike emanuelle reporting live on this story that's not going away from d.c. hi, mike. >> hi, martha. house judiciary republicans say they are seeking the verbal and non-verbal context of president biden's interview with special counsel robert hur. the lawsuit says, quote, the committee thus needs those recordings to assess the special counsel's assessment of the president which he and white house lawyers forcefully disputed and ultimate recommendation that president biden should not be prosecuted. hur opted against charging president biden after the interview because he described the president as a quote sympathetic well-meaning elderly man with a poor memory. president biden exerted executive privilege over the recordings which the attorney general cited when he refused to turn them over to congressional investigators. house speaker mike johnson told us this was coming on friday. >> the best way is to allow the third branch to resolve this dispute between the executive and the legislative branch. there may be other avenues that we can pursue and we're looking into all that but we're not committed to anything yet. >> the lawsuit comes weeks after house lawmakers vote to hold garland in contempt of congress referring him to criminal charges. florida congresswoman luna is threatening to bring an inherent contempt motion to the house floor. if successful, that would empower speaker johnson to call up the serge sergeant-at-arms to arrest garland, that would be a significant escalation in this showdown. martha. >> martha: indeed it would. mike, thank you very much. before we go, a look at my new fox nation special that marks the 80th anniversary of d-day. i was honored to talk with world war ii heroes no normandy including steve melnikoff, who you see here, steve is now 104. but he has vivid memories from 80 years ago. once you made it up the beach, and i'm sure you lost a lot of people that you knew probably on the ship, right. >> yes. >> what was that like for you? >> i'll just say this, on the first day, the 29th division and the 1st division had casualties, 5,720. i'll say that again, 5,720 casualties on the first day. >> martha: the final journey, the 80th anniversary of d-day is available now, part of a three-part series on world war two. independence day, a great time to sit down and watch these pieces with your family and look at what these men fought for to preserve our freedom. so i hope you'll check it out. thank you so much. that is store store for this monday, july 1st, folks. -- "the story." we'll see you back here tomorrow at 3:00, by stay tuned, "your world" starts right now. [ ♪♪ ] [ ♪♪ ] >> neil: well, we waited for it and today we got it. both parties digging in after