D. C. Area for these rallies, facing a list of charges including conspiracy. Hes expected to plead guilty today at 2 00. We dont know what charges hell plead guilty and which one prosecutors will drop. Well learn if hell serve any jail time or what kind of sentence hell face. More broadly, kate, this is a significant moment because it will solidify what prosecutors always said, which is some of these far right extremist groups preplanned this attack and carried it out, solidifying the acquisition that this was a violent insurrection, kate. Whitney, thank you very much for that. Well be watching this closely as it happens today. Now lets turn to the u. S. Supreme court. The justices just handing down a ruling in a free speech case involving a former High School Cheerleader punished for posting a profanitylaced snapchat post when she was off school grounds. Cnns Jessica Schneider is joining me now as we get more details. What do the justices say . Reporter the Supreme Court ruling in favor of that High School Cheerleader who was suspended from the team after she wrote that snapchat message. This turned out to be a Hot Button Case because it was focused on what are the Free Speech Protections for school kids in the social media age. The justices here ruling in an 81 decision that the school in this case could not punish the former cheerleader for her speech off campus on snapchat. The justices here did say there might be some instances where Public Schools can punish for offcampus speech. That might include instances of harassing speech or bullying. Justice Stephen Breyer wrote this opinion for the seven other justices. He expressed disbelief that the school punished this cheerleader saying she just used unattractive swear words. He said, if swearing off campus warranted punishment, every school in the country would be doing nothing but punishing. The cheerleader from this pennsylvania school, she has since graduated. She wrote on snapchat when she didnt make the varsity Cheerleading Team, she wrote f school, f softball, f cheer, f everything, using the actual profanity. She and her family have been fighting that suspension for years. This was a case closely watched all over the country as their continues to be this struggle over where to draw the line since social media blurred that line because offcampus speech can be seen easily in seconds. The Supreme Court saying the School District went too far, violated her First Amendment rights after they punished her for this offcampus snapchat speed. Joining us is former federal prosecutor, cnn analyst jeffrey toobin. 81 on this scotus decision. Whats your reaction . Its a remarkable story. Its a cliche, you can take your case all the way to the Supreme Court. Here this cheerleader in a very obscure controversy about who makes a Cheerleading Team in the middle of pennsylvania, it went all the way to the Supreme Court. Its a real issue because this is a case about how people, especially young people communicate in the real world. This is a snapchat where this young woman expressed an opinion that in my experience every High School Student has felt at some point, and most of them have expressed in exactly this way, f school, f softball, f everything, and that prompted her suspension from the team. And the profound question raised by this case is, is this speech on campus or off campus. The Supreme Court said, you know what . It really doesnt matter where physically you are. You cant be punished if youre expressing something that just is blowing off steam and doesnt hurt anybody. There is a very important limitation on this opinion. This speech was not targeted at anyone. Justice breyers opinion made clear that, if you are harassing, if youre bullying someone, even if youre doing it on social media, you can be penalized at school. But if youre just expressing your frustration, you cant be. I think thats a big deal. The justices, you have described many times it makes quite a bit of sense. The Supreme Court in general are hesitant to make broad sweeping rulings on these cases, often described also here, they rule narrowly. Explain to folks why theyre so hesitant to offer major implications for First Amendment cases like this, why they rule narrowly here. Especially in a case like this one. This is a case about school discipline. The justices dont want to be in a position of telling every school in america precisely how to run their schools. They are aware of the limitations of their role. They are not establishing sweeping rules that every school has to abide by in every circumstance. This is a very important guide post to the schools that, in general, schools should be aware that students do have Free Speech Rights. This goes back to a case in 1965 where a student in des moines, iowa, wore an armband to protest the vietnam war. For the first time in 1965 the Supreme Court said students in Public Schools do have Free Speech Rights as long as its not disruptive of the school. All the subsequent cases have been about, well, is the speech disruptive. Here you have a circumstance where the court is saying to schools, look, just because something is on social media doesnt mean you can automatically punish it as if someone is yelling in the schools cafeteria. Thats an Important Message to send to schools. I have no doubt there will be more disputes like this. Thats appropriate. We dont know how every dispute should be resolved, but it is a good idea that the Supreme Court, i think, made this ruling that showed even an 82yearold justice like Stephen Breyer understood a good deal about how young people live in the world today. And of course, then, the role that social media and the role of the internet and the role that snapchat is playing in the immediacy of all of this swirling about. This is going to be more and more up to the Supreme Court. If i can get your thoughts on what whitney wild was reporting about, this first guilty plea among any of the defendants in the Capitol Riot Conspiracy cases. What do you think the significance is today . The big issue here is cooperation. In federal court, the people who plead guilty and cooperate, that is, agree to testify against others, are awarded mightily. The federal system really gives much lower sentences, often no sentences at all to people first in the door and cooperate, and testify against their coconspirators. This is the key part of the case now. Obviously what we all want to know about january 6th is how it was planned, who planned it, when how it was organized. When you start getting guilty pleas, that means people are starting to cooperate, and that means you will start to have insiders telling the story of what really went on here. That to me is whats really significant about this guilty plea. While theres quite a significant portion that is not known, exactly what he will be pleading guilty to, what he will admit to in court. And also, correct me if im wrong, part of that is the level of cooperation if there will be cooperation with this guy going forward. Is that something that we would learn in court today . We should. When defendants agree to plead guilty and cooperate, there is a document, a Cooperation Agreement signed that is part of the public record. That is what i will be looking for when this guilty plea takes place about whether there is a Cooperation Agreement. If there is, that means that in the preplea negotiations, the prosecution got something that they were interested in from this defendant, that there was useful testimony. In every big federal case, whether its against the mafia or insider trading, the way federal prosecutors work is they try to get people to plead guilty and cooperate. Its usually a smart idea if youre guilty to plead guilty and cooperate because you can get a much lower sentence in federal court. This could be the beginning of that cascade of cooperation and, more importantly for us, the beginning of unraveling what really happened here behind the scenes before the insurrection took place on january 6th. Jeffrey toobin, thank you. Coming up next, greatest threat, a significant increase in the Delta Variant cases in the United States right now. Dr. Fauci is founding the alarm. American cities are facing a big rise in Violent Crime and gun violence. Miamis police chief is joining us to talk about what his city needs and what he needs to hear from the president when he makes a big announcement today. Its true jen. Really . this Prebiotic Oat Formula moisturizes to help prevent dry skin. Impressive aveeno® you need a Financial Plan that can help grow and protect your money. An annuity can help cover Essential Expenses in retirement, so you can live the life you want. This is what an annuity can do. Learn more at protectedincome. Org. Ok everyone, our mission is to provide complete, balanced nutrition for strength and energy. Great tasting ensure with 9 grams of protein, 27 vitamins and minerals, and nutrients to support immune health. Dr. Fauci is founding the alarm. At this hour there are new and growing con sernts over the Delta Variant in america, that it could soon blunt the progress the United States has made, such great progress, in fighting the coronavirus. Vaccines are driving down new cases. We know that. They have fallen dramatically, now averaging 10,000 cases per day. Deaths related to covid are also significantly down, now averaging fewer than 300 a day. But the Delta Variant is spreading quickly in america and now accounting for one in five cases researched and sequenced which is double the rate from just two weeks ago. Dr. Anthony fauci issuing this warning. The Delta Variant is currently the greatest threat in the u. S. To our attempt to eliminate covid19. Good news, our vaccines are effective against the Delta Variant. There is a danger, a real danger that, if there is a persistence of a recalcitrance to getting vaccinated, that you could see localized surges. Joining me right now cnns chief medical correspondent dr. Sanjay gupta. Hey, sanjay. Dr. Fauci calling this Delta Variant the greatest threat to eliminating covid. Why is this such a concern . This is just a much more contagious virus. To give the context, you see how fast its growing. In the beginning of may we were hardly talking about this. It was just 1. 3 . You can see what has happened. This is 60 more transmissible than the uk alpha variant, 50 more transmissible than the strain before that. You can see where this is headed. People are ending up in hospitals who are younger as a result of this. We have to figure out now, is this going to be the strain that sort of becomes the most dominant strain in the entire world. The good news as youve said many times, if youre vaccinated, the vaccines work pretty well. They pooled the data between pfizer and astrazeneca, and you can see on the left there, the protection against serious illness very high. If you only get one shot of either of those, the effectiveness drops way down. It is the same discussion, kate, the vaccinated versus the unvaccinated. The Vaccination Rates right now when you look at them there might be some lag here, sanjay, that people need to hear more of this warning about the Delta Variant before they say this is the reason i need to get the vaccine now if im hesitant. From everything we know about Vaccine Hesitancy and resistance to the vaccine so far, it doesnt seem to be changing minds of vaccineskeptical people. What happens if it really doesnt and this Delta Variant just continues to take off . I think what happens is that the unvaccinated people remain at increasing risk because this is so much more contagious. Someone put it to me, kate, which i thought was prophetic, we talk about vaccinated america and unvaccinated america, what it becomes a vaccinated america and an infected america. This delta strain is very unforgiving. Let me show you, we got granular with some of what was happening in florida. The red line is if you live in an area primarily unvaccinated people. You can see the Delta Variant has become a larger percentage of overall cases as compared to areas where you have lots of vacci vaccination. If youre an unvaccinated person who live in an unvaccinated area, where a lot of people are unvaccinated, thats a tough situation. Youre likely to become infected at some point. What has to change . Going in the fall there may be resurgence in numbers. Theres universities that are likely going to require vaccines, some of them for coming back on campus. More people will get vaccinated then. It may take these sorts of things before we increase the numbers even more. Unfortunately, right . Even with covid deaths hitting these record new lows, theres a new cnn analysis showing there is a significant rise in younger people dying of the virus now, particularly younger black people. What are you seeing, sanjay . Weve been talking about the inequities and disparities among outcomes for some time now. In fact, when we traced the data, it was improving a little bit, still a lot of disparity. What were seeing is exactly what you said. Youre seeing rising numbers among young people and black people are more likely to get infected, more likely to end up getting sick. Unvaccinated, when you look at the africanamerican population, 8. 8 of the total vaccinated are made up by blacks. So not high enough Vaccination Rates there right now. What really struck me, kate, and i talked to my parents about this, for most of this pandemic, if you were over the age of 75, thats where the majority of deaths were occurring. It was very frightening. Now the majority of deaths are occurring in people under that age. It is getting younger. The Delta Variant is more transmissible. Theres early evidence that it may be more likely to make people sicker as well. Typically when you increase contagiousness, you decrease the likelihood of people becoming sick. With delta, it appears to be a little of both. Thank you, sanjay. Well go to washington right now. President biden is beginning to speak at the late john warners funeral. Arlington National Cemetery on memorial day. A sacred place on a solemn day when we undertake the fundamental act of remembrance. Amid the moments and the monuments of stone, we remember each marker represented a precious life, remember the heroes from the greatest generation the world has ever known and that bears the noble n name, United States of america. The only nation founded on an idea. They were all created equal, endowed by our creator with certain inalienable rights including life, Liberty And The Pursuit Of Happiness and a democracy that is the very soul of our nation and must be defended at all costs, a soul embodied by all those patriots buried in arlington and the fields across the world and by our dear friend john warner. Like many here, i had the privilege of serving with john for three decades in the United States senate. While we represented different political parties, i can say without hesitation john was a man of conscience, character and honor with a deep commitment to god and country, enlisted in the United States navy at age 17 to fight in world war ii. A few years later, enlisted in the marine corps to fight in korea. Eventually named Secretary Of The Navy by president nixon, then elected to the United States senate where he became a touring and respected voice on foreign policy, National Security and defense, the second longest serving senator from virginia and the longest serve republican. A member of the greatest gene generation. As that he understood that democracy is more than aa form of government. That democracy is a way of being. He understood it begins and grows with an open heart and with a willingness to work across the aisle and come together in common cause and that empathy, empathy is the fuel of democracy, the willingness to see each other as opponents, not as enemies. Above all, to see each other as fellow americans even when we disagree. From johns perspective, especially when we disagree. Thats how John Forged Consensus and made sure our system worked and delivered for the people. I saw it time and again on issue of War And Peace John Opposing Torcher and ending gun violence, protecting the rule of law and the independence of the judiciary. Johns decisions were always guided by his values, by his convictions and never by pers