>> 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 about inflation and immigration and crime and mortgages and food prices and the extent to which the candidates don't talk about that correctly lose independent voters because they will not like either person and they really want to do what's best for them and there family and that's a strong message for both candidates. >> kelly-ann: it is and the polls and president trumps away at the moment. thank you both so much. while the democrats try to decide what to do with joe biden back left wing media appears to have already made up his mind and they want them gone over the new york times the absolutely eviscerated biden in a scathing op-ed writing. >> humour infuriating studies doing this for us but doing this for himself and they also recently joined the new york times and calling for biden to drop out and on tv, panicked chorus of media voices only grew louder and take a lesson's -- take a listen. >> i at there and watched it and i could not believe it i said not only is this a political hydrogen bomb for him and the democratic party you know what happened? is joe biden the person who can stop donald trump or someone like trump who gets the republican nomination and he has to look in the mirror and searches soul and make that decision and i'd like him to think that through carefully because i have my concerns. >> kelly-ann: here now with reaction our former rnc chair and former arkansas governor mike huckabee. welcome gentlemen and you know your way around the debate stage and this blaming of staffer joe biden presenting is too old for having the vacant look in his eyes that he could've gotten a doctor's note or said he had a cold and you get more of the answer here but how do you see this and you think people will forget this debate performance and start focusing on the issues or give joe biden a little bit of grace? >> i think there is no one to blame but joe biden as a person who has been on a debate stage that the truth is you can have all these people talking to you but you're the one that walks out there and you also have the right to look at every one of them and telling them to shut up and sometimes that is the best thing to do is tell all the people who think they know what you should do to leave you alone and let you go do your thing but they couldn't do that the nonsense about having a cold and why he was so raspy as everyone of us knows that if he had been sick in the eight days sequestering at camp david that they would've talked about that every day even though he will have to push through and how sick he is but let's be realistic that there is a run on toilet paper in dc because of that performance last week because the democrats, let's just say they're having a rough week trying to decide how to deal which is an absolute meltdown and we're all seeing it. >> kelly-ann: it could not happen to a nicer crew. now you've been rnc chair and this convention in milwaukee, you been in the room to prep candidates for a debate including president trump and he prepped by not having a podium are lighting but going to these rallies and interviews but i'm very curious about the blaming of staff and isn't that a risk they're taking the staff knows him best and covering for him and his lack of acuity for a long time. >> you are right and you and i did debate prep in 2016 and it's ridiculous to blame the staffer this performance because he came on the first 30 seconds and everyone new something was wrong and he wasn't making any sense and basic debate prep is not that complicated there is a split screen when the cameras not on you, you have to act like everyone's watching you because a split screen and you'll get attacked on immigration and the economy and inflation and you get three canned answers and he could not deliver any of them and it is a cover-up and by blaming staff you make it worse and you know these reporters talking about how he needs to get out but what they need to do is find out why and if bob word willard -- bob woodward said it well that this went so impossibly bad that these reporters ought to figure out why it was so bad and what is the real answer and what is really going on with the president of the united states if scottie scheffler shot a hundred and 20 yesterday, they would not say he had a bad day but would be asking the question and no one is asking this question of what is going on with joe biden? >> kelly-ann: governor huckabee, we're all scratching her head but this serious point world leaders are watching this and i like your perspective on that. >> i think you're right they have to recognize the serious part that were not the only ones watching or who have been watching as who tennis watching and everyone is looking at this and i think the reason they never went into ukraine with donald trump as president and hamas would not attempt overrun and murder and butcher jewish civilians like they did on october 7th as they were scared to death of him they just didn't know what he might do but they feared we came i do which is why i think we need him again because the world whether they respect him or afraid of him, i don't care but we need a world like we had when donald trump was president and not the one we have when joe biden was president. >> kelly-ann: the people know what they see. thank you both for joining us. despite widespread calls to drop out and biden's obvious cognitive struggles, one person close of the president pushing for power we will explain and hear from them after the break. weathertech knows that trucks like yours can take a beating. are you sure? 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i'm out on the streets and you were right there so much and stake that the majority of us believe in freedom and equality but these extremists as they say they're not like us. >> kelly-ann: so embarrassing. now reaction along with cohosts the bottom line on foxbusiness now you get the award for years now that you don't think joe biden will be the nominee so you are way ahead of the curve on that but did you anticipate your prediction coming through would be jill biden and her thirst tivo covers? this is a woman not showing as much as her husband is for lust for power. >> lust for power and loved being on that cover talked about earlier today with sean but i think joe biden stop by and watch first lady michelle obama give a lot of accolades and limelight and i think she's always been jealous of that and now as her time had almost four years of it and wants for more and all also say on all thing first lady jill biden likes vice president calmly harass much and i don't think she is a "girls girl." i think she's a narcissist and jill biden also and i don't think he fully understands his decline in housekeeping is and how it will get much worse in the next several months and maybe sooner than that but jill biden will never relinquish the power but there are powers in the d&c i believe that are far stronger than first lady jill or joe biden and when they say its time to go it will be time to go >> kelly-ann: sean had your name on the ballot elected to congress in wisconsin and i'm wondering how you feel when you see a vice president always in these ought cameos and videos battling the teleprompter which always seems to win and it would be funny but the whole world is watching and i fear some of the dictators are laughing. >> they are laughing and to keep yourself from embarrassing moments and she keeps doing stupid videos or the cameos and she's not taken seriously already so dumb to anything that will embarrass you more and should try to be serious and stuck on policy and seem smart and that will go well in the polling but going back to jill and joe they have fought for a lifetime to get where they are at in the white house and there's no way in hell they will give it up in the first lady this isn't my job when you have a feeling president like joe biden, the power jill now has the she's the defector president helping run the country and she does not want to give it up she does not to do debate or press conferences but gets a step behind the curtain and make decisions joe kant makes a great position so no doubt she wants to stay in the white house but she loves her husband and watches that debate she say honey, it's time to go unless go back to the beach. >> kelly-ann: to that point i hope joe biden lives another 20 years, a blessing should serve that time in delaware and his family who should say let's go enjoy the grandkids and by the way they have seven of them and not six but with our remaining moments when you think of missus trump, you miss a classy and graceful first lady comfortable in our own skin and does not insinuate herself into every single detail of our husband's presidency and that's not the role of the first lady and i read jill biden is out there fighting for women's health and a know she's a doctor of a different kind but do you recall anything she's done with respect to women's health calling people in texas... >> again i'm sick and tired of democrats telling us they care about women and they care about abortion but if they cared about women, care about the young woman murdered about illegal immigrants and they would care about the integrity of women's sports and jill biden cares about jill biden and her power and the same goes for common harass their beating this female empowerment and this is not there and they can't convince me otherwise. >> kelly-ann: you married very well sean and tell us about jill biden in the closing minutes. >> strong wives are important but also have a role to tell you when you've gone too far and done too much when it's time to step aside and jill is not doing that but they have to be straight with you when it's time to go and i have a wife like that. >> kelly-ann: and the assisted-living facility we used to call the white house. thank you both for joining me. straight ahead, biden's border policies endangering americans across the country. will bring you the latest get reaction coming up next. it's pain o'clock! let's do this! sorry, pain. i can't let you in. what? 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>> the reality is these are long-term voters for the democrat party but unfortunately american citizens are suffering today and not surprise lawmakers will break the law and they are by definition breaking the law more likely to continue to do it while they are already here and our people are suffering and these are lives not a trivial joking matter just do the arithmetic if 20 plus million in this country and i believe the actual number higher that if 1 percent come here with bad intentions, hundreds of thousands of illegal aliens with criminal intent in this country that is unacceptable and a part of why we see the breakdown in the rule of law when the government stops enforcing laws in our own borders that these criminals will not follow the law either and sadly suffering the consequences. >> kelly-ann: can you imagine being the mayor of los angeles or any city facing chronic homelessness encampments everywhere that there is no lifeline and i'm telling you you can clear and banned that and she's angry about that as the mayor of los angeles and how is this happening and can she prevail or will the city council or other step in and say excuse meet we need to clean up our streets? >> people will step up to clean up the streets and a lot of hard cases and this is one of the easiest ones and claim it was cruel and unusual punishment for cities to pass amendments that they cannot camp on the sidewalks and i'm glad the supreme court decisively came down on the right answer of this question but the reality is come up to law makers and locate city councilors to step up and empowered them to do which to enforce basic statutes in this country and a lot of people from san francisco from chicago to philadelphia are sick and tired of hearing the united states of america evolve into a third world nation and that's what you look like if you go to kensington or the inner city of philadelphia and i've travelled to the third world tech but that is sad and i think many people regardless are done with it. >> kelly-ann: has to be help on the way and has to be in the form of different leaders. always a pleasure to have you. more of the special edition after the break. 's [ ♪♪ ] >> unfortunately that is all the time we have left this evening. thank you for being with us. join me again tomorrow as i fill in for sean. greg gutfeld is next. have a great night, everyone. [ ♪♪ ] [ cheering and applause