missouri that has a law if someone out of state it confusing. i understand what you re saying. i m doing my best but that s the law. it s confusing. paula, you re there at the supreme court. we wait the law of the land opinion published in this case. so until likely late next month when that final opinion is published, they will be a lot of questions, a lot of speculation about the justices have changed their vote that is something that happens during this process or if the contours of this authentic draft opinion have changed in any way. the biggest questions the result of the leak are what will happen to abortion rights and also other individual rights that have been recognized by the court. could this potential opinion be a template for rolling back rights like same-sex marriage or access to contraception?
senior legal affairs correspondent paula reed and chief legal analyst jeffrey toobin joins us, as well. the supreme court confirmed this draft opinion is real. what is the fallout following the unprecedented leak of this major draft opinion? reporter: well, don, chief justice roberts called this an egregious breach of trust at the court. he s called on the marshall of the court to investigate but it unclear what any potential crime would be here unless there was evidence that this opinion was stolen or somehow hacked and until there is any evidence of that, this really is a political issue. both for the court itself, for the justices and also for lawmakers. the court today issued a rare statement insisting that this was not the final decision of the court. but that has done little to quail the backlash. you can still faintly hear some protests behind me. most of the protesters at this point have dissipated but there
distract from what the conversation is today. can steve bannon defy a subpoena from congress? we ve ryan nobles on capitol hill for us, correspondent paula reed, harry lichtman and margaret telev. ali, i want to start with you. what did you think made the most legal sense? i m going to start with what made least legal sense. they were illogical and manipulative. first, they argued the reason steve bannon is subpoenaed is because people don t like thiz political beliefs. that s nonsense. there are plenty of people who have popular political beliefs. the reason steve bannon is subpoenaed is because he predicted what happened and he was at the willard hotel.
a couple years but at the end of that he may be facing a jail sentence of up to 12 months. that is the point they want to sober up the other witnesses with starting now. paula, as we watch this vote count now, we think it is up to eight republicans. sometimes it s a little fluid there. but it looks like the majority is going to win in terms of getting this criminal contempt referral sent over to the doj. what happens next? that is the big question. coincidentally, attorney general merrick garland was on the hill today for a routine oversight hearing and he was asked about how the justice department will handle this referral. he just would not tip his hand. he said what the justice department has said overall which is, look. we ll make a decision based on the facts and the law. it is expected this referral will go to the u.s. attorney in the district of columbia. it is expected it would go before a grand jury. but ultimately the decision on whether to prosecute in this manner and ho
this has been true since 9/11 through republican and democratic administrations. but if congress foregoes its own subpoena power, if they say there is no such thing as subpoena power, it s just up to the supreme court whether somebody has to testify, then they have really put themselves in a spectacularly weakened position, and this is the moment where bennie thompson said they are performing for a party of one, and i think the republican party understands it is making a short-term play with long-term consequences here. olivia, i thought it was interesting that thompson and we don t have olivia at the moment, so let me pose this instead to paula. paula, they were taking on the role of fact checkers in realtime. you know, having to get up and say, okay, what we just heard from the gentleman from indiana or whoever is not true. but i also think that liz cheney kept bringing it back to what