trump's conduct in on january 6, related to january 6 is fundamentally different to that of someone who just simply showed up to the capital engaged in violence and an obstructed the proceeding in that way, there are many pieces of evidence that they can use to tie donald trump's alleged conspiracy back to documents or to the effort to essentially delay the proceedings to obstruct them in process, all that sort of stuff. so i think there are many arguments let me made to leave those charges in, but it will require really changing the sort of evidence that they think about putting in front of the jury. >> so bottom line is basically a variant encouraging good day for donald trump. >> no question. donald trump benefits from this, from this ruling, even if it's just in the context of creating numerous issues for him to challenge the indictment, to challenge the charges before this case ever goes on in the process, delay any criminal we'll trials, which is what he's trying to do. right? oven. right. i mean the other thing, obviously we're still waiting for is the immunity decision. so that has not come today. that did not come today. we're still waiting for it, but i think the context is fordham to sort of understand what jack smith and the special counsel are dealing with, they're going to be dealing with not only perhaps they've been preparing for this possibility. well, if we know that cert certainly for the last few weeks the special counsel has been preparing for how to deal with it's not only with those with those with those other charges that they use. turn office has fought for some of the defendants, but also for donald trump. and so what this means as i think andy is alluding to, is that there they might have to refashion this this indictment because they don't have that much time. they want to try to go to trial. they may have to just drop certain things both for this case and possibly the immunity decision because that's going to look at official acts. so both of those things i think our thought processes that they're going through at the special skeletons, i could just real quick. we are all waiting on the immunity decision. we now know when it will come. it will arrive monday morning because the supreme court announced that monday is the final day for opinions in this term. it is one of md immunity decision is one of three that are remaining. so we will get that tune-in 10:00 a.m. monday, somewhere in the ten to 103010 to 11:00 a.m. range monday morning, we will have the answer on immunity we will find out monday morning, then that's gonna be a huge, huge moment in d. i want to go back to cnn's a pamela brown. she's over at the supreme court watching all of this unfold. i know you've got paula reid over there with you as well. palette for viewers who are just tuning in right now here in the united states are indeed around the world, update our viewers on the decision that has been released by the u.s. supreme court just now a big decision coming out from the u.s supreme court, and that is at the department of justice overstep when it charged hundreds of january 6 rioters with this obstruction charge stemming from this 2000 to law. so bottom line here is that this is a big blow to the department of justice and special counsel jack smith, and a win for january 6. defendants and potentially donald trump himself. this could benefit him too. i want to bring in my colleague, paula reid to really break this down and we know that two of the felony charges donald trump faces and the election subversion case stems from this 2002 law that the justices are saying the justice department is essentially should not have used that it oversteps how could this work to donald trump's advantage of this case well, this is a question that his lawyers right now are trying to figure out. >> i've been in touch with his legal team. they have to read this opinion. it's actually quite an unusual sort of fracture as opinion with different people weighing in from different angles a little bit unexpected. and you can tell the chief justice john roberts did not want this to be saved as a trump case, even though he knows that's exactly how it's going to be analyzed. for example, he barely mentioned the attack on the u.s. capitol that precipitated the charges and this attack instead, really focusing on the law at the center of this particular challenge, because this case was brought by a january 6, defendant, a former pennsylvania police officer, who said that the obstruction law that he was charged with, one of seven counts he faced was not meant to apply to the conduct of january 6. instead, it was supposed to focus on congressional investigations and tampering with evidence. here are the chief justice who wrote this opinion and just wrote that he's he's looking specifically at the text of the law and saying that the breach on january 6 of the capital caused members of congress to evacuate the chambers and delay the certification process. so he's trying not necessarily to focus on the larger political analysis. instead, he is focusing on the law itself and whether this is what it was meant to apply to the majority of the court finding that prosecutors have overstepped here, and this is something that is going to potentially impact a significant number of cases beyond just trump's. but it is interesting to see in this case they did not release it along with the other big question related to former president trump, his question about immunity, but even trump's lawyers right now, they are reviewing this to figure out exactly how they can use it. i'm sure they will try to attack their client's case. now, at some of our colleague said i would expect that the special counsel would say, okay, if the supreme court decided a case about january 6, folks who were at the capital, that is completely different than what we have charged the former president with so they're going to argue that this was about a different type of conduct and maybe their case can still go forward. i know there are questions about whether the former president can still be charged at this trial, can still go forward look, i think that's possible, but pamela, i think is highly unlikely if you try to take the official republican candidate for the presidency to trial in the months ahead of an election, we're gonna be right back here before the supreme court with another unprecedented constitutional question. so right now, it's unclear what this means. thanks for the trump case specifically, but it's clear that the chief justice wanted this to be seen not just as something that could impact trump, but a larger analysis of the specific obstruction of congress yeah. and just to help our viewers further understand what you just so eloquently broke down basically the these january 6 defendants, they were charged with this physical intrusion, rightly said, look, this is the law was overly broad the way we use in this case when it comes to trump that two felony charges, he's facing semi to this law has to do with the fake slate of electors, nothing having to do with physical intrusion. right. but the bottom line is he could use it to undermine the case. he could use it to try to further delay a trial and viewers at home might be thinking, oh, this is trump's court, and they're willing in his favor, but there's actually some interesting interesting concurrence from justice jackson, for example, right? yeah. who also agrees that this isn't what this is not the type of conduct that at this specific statute was meant to do criminalize. and i also want to talk beyond trump about the other people who could be most directly impacted by this approximately 250 cases does involve this obstruction charge, and then there's still pending. now 52 people have already been convicted and sentenced with this as their only felony and 27 of those people are currently in course rated. so you would expect their dozens of challenges attempting to overturn those cases. so again, this has a direct impact on people who have been charged with obstruction related to january gray six, but it's a little less clear exactly what impact this will have on the former president, but yes, certainly not an example of a so-called trump pack court or a super conservative majority helping trump out, though i will say the fact that they have taken so long to take pick up his immunity question i'd taken so long to decide it. we expect on monday, we'll get that decision because that'll be the last day of opinions that has helped the former president's certainly, even though this specific opinion does, it's not clear how much it'll help him. yeah. because it comes down to a trial potentially. right. and if he could hold it off until after the election yeah, that that obviously could really determine whether or not it ever goes to trial if he becomes president, if he does win the election, he could pardon himself or he could tell doj dropped the case. so yeah, it all factors into that, including this whirling here today, paula reid. thank you so much. wolf blitzer back to you all right. pamela polo got to both of you. thank you very much. i want to bring in tim parlatore are cnn legal commentator to get your assessment. specifically what it means. let's start off a smaller picture. what it means for trump so i think that does have a significant impact this is something where the indictment as written right now, can proceed. yeah. i just want to look at it real quick. four criminal charges leveled against trump by the special counsel, jack, correct? not the entirety, but the two of those counts the way that they're written right now, i think it has to be amended because he does actually write in the indictment this this exact same theory about the attack on the capitol cause obstructive by delaying the certification. and so at a minimum, they're going to have to go back to the grand jury and get a superseding indictment if they want to proceed on these two charges. if instead they want to go forward and try and get to trial as quickly as possible, then the smart thing to do is just simply drop them out and dismiss those two charges. but moving forward with the indictment, as it sits right now, i don't think is something that's viable and that's not even considering the immunity. one of the interesting things i found about the immunity argument is because it potentially is going to separate the conduct of being the chief executive from being the candidate. one of the things to me is these obstruction counts always relied upon his conduct as a candidate as opposed to the chief executives. there's not really an argument to apply immunity to these two counts. so taken together, that can have a significant impact. whereas if this decision had gone the other way and there was a partial immunity at least the obstruction counts will go forward or the other way around. so it does kind of cut up the indictment in a very interesting when either way, i don't see how jack smith can really push this thing forward to trial without taking it back to the grand jury. these obstruction charges, they're felonies, right? yes, they are. so that's serious misdemeanor. it's a felony, correct. and in fact, with a lot of the protests are cases it was the most significant and felony that they use. they took something where they had a lot of good solid misdemeanor counts and elevated up to a felony by adding miss. >> the vast majority of of people who were charged with were also charged with committing oh, sure. >> either pleaded guilty or they're serving time right now, right in jail. they were considered as as our team has pointed out, just over 50 people have only this charge, but the others, including fischer are accused of other other other charges. so doj now has a couple of really difficult and important decisions to make. first of all, as tim was saying, what is jack smith do with the two obstruction charges if he drops them, it's really the cleanest way to do it, then he can maybe still get to trial on the conspiracy charges. but it's worth noting their the most serious charges in the case, the two obstruction charges both carry 20 year maximums. the other conspiracy charges carry ten and five-year maximums bigger picture doj nasa decide what do we do with the 300 or so cases where we have charges? i think the right thing to do, just the ethical thing to do prosecutorial, say, okay, we were wrong. we give all those convictions back. there was a way doj could try to argue it and say, well, it doesn't apply backwards or something like that, but i think doj is going to have to give up those other 300 cases, at least the obstruction charges. so get word from the department of justice. seven yeah. let us know what the sound right. i mean, i think the other problem for the justice department is, the amount of manpower it took and woman power it took to do these cases in the first place. they don't have many of those people still to do this. if you're going to relitigate 200 plus cases, i mean, it's it's it has been a gargantuan task for the u.s. journeys office to do this so far? kristen holmes are seeing a national correspondent covering the trump campaign is in chesapeake, virginia for us right now, what are you hearing? what's the reaction? what are you getting so far so talked about the campaign and some of the legal advisors. >> i talk to campaign. and there's lawyers on a regular basis. and here's what they are looking at. just a reminder, everything is tied together when it comes to donald trump in terms of legal and politics. so when it comes down to legal, as paula said, they are rylee reviewing this now with a fine tooth com coming up with what exactly this means for that jack smith case in the best-case scenario, they drop two of the obstruction car charges. but what i'm hearing from these legal advisors is that they also would be happy if this just weekend, some of those obstruction charges. that's what they're looking at it carefully and they also believed that no matter what this ruling says about those people who participated in january 6, jack smith, is likely to come back and say this doesn't apply to the former president who i believe as evan said, did a lot of different actions and went further than a lot of these people on january 6. now, part of this that is political, is the fact that donald trump has really run on this idea that not only he, but his supporters are victims of political persecution, that the dusk justice department under joe biden has gone too far obviously, as we know joe biden does not control the justice department. but if you are looking this at this particularly and specifically, just as spin from donald trump, you can imagine he is going to be celebrating this particularly, or probably here in chesapeake today, where he'll be later. when he gives his first rylee post debate. they want to be able to say, look, we have said time and time again that this was lawfare that they were targeting trump's supporters on january 6. and now the supreme court is agreeing with us at the justice department went too far now whether or not you believe that or not hi, that is not the point that i'm trying to make. the point that i'm trying to make it the donald trump has built an entire campaign. this cycle in 2024 of saying that his legal issues and supporters, legal issues are all linked to the biden justice department going too far and they will now use this to say this is evidence of their argument and kirsten, i take it the people marching behind you are heading to that trump rally in chesapeake, virginia. is that right yeah. >> there are a hundreds of people here in chesapeake, virginia. he's gonna be here around 3pm to deliver a speech. again, it is his first speech post debate. it's really interesting. i talked to a number of his advisors, obviously as we have been reporting all morning, his advisers are celebrating last night's debate, but the other part of this that was fascinating to me was that a lot of his allies hoped that he doesn't focus too much on attacking joe biden here, that he takes the win, that he does a victory lap, but then let's say go because they believe that the debate itself speaks for itself. again, donald trump often can't control himself and what he does up on that stage particularly in a crowd like today where they say they are expecting hundreds if not thousands of people. we obviously will wait and see who shows up it will be hard for donald trump to stay on message, but that's the hope is when you talked to specifically those in trump's orbit, people who are close to him and particularly those donors who want to see him be the next president yeah, so we'll see what happens at that rally today where trump has to say that's the first time he's going to be speaking out on what happened. is that debate last night, is that right? >> it'll, be the first time he's speaking out on the debate will be up on that stage, and we really have not heard from him that much at all. there was rumored speculation that he would show up in the spin room at one point or deliver interviews that clearly didn't happen when asked to senior adviser what the plan was, they said, why would we need a plan? we feel really good right now in this moment, we don't want him out there talking more. they feel like they again, are celebrating what happened last night. they've been watching the social media reactions, obviously the reactions that we've been reporting on both on the record and on background from anxious democrats who are concerned about biden's performance. they want to ride this wave as long as they can lots going on right now, kristen holmes, thank you very much for that report. >> we're going to squeeze a quick break. we'll get back to all the breaking news right after this the final episode of violence. >> there 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through cases involving homelessness claims, two, who were being ticketed in a city for sleeping out in public encampments and then a major, major decision having do with the power of federal agencies, both of those dissenting justices read statements from the bench and then suddenly we never know when we're in the room, how much else is coming in, who's going to be the author? the chief says, he has one more opinion to read, and that's when he announced this case. it's a pretty important case for the i think it's a statement in and of itself that the chief justice of the united states took this opinion because there's a good chance he could be playing a strong hand in the opinion that's to come on whether donald trump has immunity from criminal prosecution for many more charges. so he starts reading this from the bench and dissecting this provision that i know you've gone through already. this provision that makes it a crime to corruptly obstruct an official proceeding. and just what was the history of that proceeding? that statute and why congress would we have wanted it more narrowly read two only involve situations where there was some evidence involve destruction of evidence, and he said, it's both the way the language of the statute works and the history. the post enron history that had related to this this provision that congress enacted and also just the back that to the courts usually embody a principle of more narrowly interpreting a statute that's going to apply to a defendant's rather than reading the expansively and said what the federal government is asking for here in its interpretation of this criminal statute to not just donald trump in part of his charges, but so many january 6 defendants would would potentially make lots of other conduct, demonstrations, other protests potentially vulnerable to this and i just wanted to make the point after the chief goes through all the reasons why why this statute cannot be read the way the government wants it read no one dissented from the bench and notably, we had a little bit of cross-ideological support here justice ketanji brown, jackson our newest justice liberal. join the chief justice in the outcome of the case. and dissenting was again, a bit of a surprise justice amy coney, barrett, trump appointee, and then the two liberal justices, elena kagan and sonia sotomayor predictably dissented here because we could tell from oral arguments that they really really thought the government had good grounds to interpret the statute the way it was the way it was read. and justice barrett, in her dissent, noted that the majority just doesn't want to read into a statute what congress wrote into it. it's turning its back on it. so it was three decision, right? exactly. yeah. >> all right. standby. i want to bring in former republican congressman adam kinzinger to he served on the january 6 select committee. so congressmen, what's your immediate reaction to this ruling? >> well, first of all, i think monday if that's when the broader immunity question comes out, that's the one i'm most interested in because to me, the one that really bears responsibility and the one that has to frankly i don't know, i guess pay for has sends is the way to put it is donald trump. this one looking mean it's a little disappointing, but at the same time as you guys were talking about this crosses ideological perspectives in my mind, it is the role of the supreme court to make these interpretations. and i respect the interpretation they make. i mean, we can't just as americans pick and choose times that we respect what the supreme court is seine. and so in this case, i look at it and go look if this is their interpretation great. it means jack smith obviously has to make decisions. maybe to drop counts against some people or to find a different way to charge other people. but i think there should be no doubt that people are still being held responsible for january 6 as they should be the chief justice, john roberts, congressman, hardly mentioned the attack on the u.s. capitol in his majority and the majority opinion released today by the supreme court. what do you make of that? >> well, that doesn't really bother me too much because again, i think the chief justice, i really do trust to say, look, he's he's trying to do what he thinks is right. i mean, this is a guy that's gone liberal and conservative at different times. he's hard to predict so i think he looks at this and says it's less about bringing the idea of january 6 into this law. this is about, let's just interpret what this law is in whether the government could use this in the way that they have charged the defendants. and in my mind, that that is probably the right way to do it, kind of agnostic of the emotion of that day. just to say, this is what the law is or what the law isn't. but again, i certainly hope jack smith finds a way to continue to prosecute these people that committed january 6, including and ultimately donald trump, congressmen before i let you go very quickly, you were republican and but now you've endorsed president item for reelection. give us your analysis, give us your reaction to the debate with trump last night it was not good. i mean, look at the president had one job to do which is show the american people that he was up to the task and he fell short of that i'm going to leave it to democrats to figure out what to do next and how to go about it i'll just save that. you know, they praise me a lot for doing the tough things on behalf of democracy. and donald trump in november is a real threat to democracy. so whatever needs to happen to make sure he doesn't win that's what needs to happen. >> so you think it would be a good idea for the president, president biden to drop out. let's a mother democrat challenged trump look i'm not gonna go there because that's going to be a messy process. democrats have to figure out how to put up the best candidate, and that may be joe biden, but how to put up the best candidate to defend democracy because the the risk in november is not a joke. people need to remember what it was like under donald trump and what he's promised to do, whatever it takes for us to make sure he doesn't win as what needs to happen. >> former republican congressman adam kinzinger, thanks so much for joining us you bet. >> thank you. i will be right back more news. >> sunday on the whole story. short battles in american waters, dive into the debate between conservations, fisher and charcot story with anderson cooper sunday at eight and don't miss discovery sharpening starting sunday, july 7, for over 25 years, loved sack has been rewriting the rules of comfort. it's okay to change your style, get messy yet immersed with love, sac to make the rules what the effects of viagra, but faster meat row sparks. they contain sildenafil and to dalla fill with sparks, dissolve under the time dissolvable work faster the mode screen pills cia sparks 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defensive and the wake of this big decision by the supreme court saying the department of justice overstepped when it charged hundreds of january 6 defendants with this obstruction charge, and he's essentially saying, look, the vast majority of january 6 defendants who are being prosecuted, they are not going to be impacted by this decision. i want to bring in my colleague, paula reid to go through this statement. here. so here he's saying he's disappointed by this decision. of course, he believes that limits the justice department's ability to prosecute people. now, he also those trying to emphasize this isn't going to impact the majority of their cases saying quote, are the more than 1,400 defendants charged for their illegal actions on january 6, they'll not be impacted. there are no cases in which the department of justice charge the january 6 defendant only with the offense at issue here. this is obstruction of justice. he says for the cases affected by today's decision, the department it will take appropriate steps to comply with the court's ruling. now, he is correct with the majority of the 1,400 people who have been charged, this is a historic undertaking for the justice department in terms of the number of cases they have pursued related to january 6, will not be impacted, but we're still talking about hundreds of people, some of whom are incarcerated approximately 250 cases it says involving this chart, this obstruction charge are still pending about 52 people were convicted and sentenced was this specific charge as their only felony. and of them, 27 people are currently incarcerated. so clearly, the attorney general who is overseeing this historic undertaking, the investigation and prosecution of people who are here on january 6 engaging in what they allege was criminal conduct, a majority of them won't be impacted, but it's still hundreds of people, dozens of whom are in jail. yeah. and that's no small number. i want to go to this other massive case out today from the high court that essentially shifts power from federal agencies two judges, and justices and overturns 40 years of precedent. and it can impact every single american. this is the biggest case of the term when it comes to the impact on the lives of americans, the way they decided this, this could change everything from o workplace to environmental regulations for the past 40 years since 1984, federal agencies like the epa, for example, have been given broad deference on certain issues and interpreting the law. but we've seen over the past few years if the past few days, you and i've been here, we've seen them chipping away at the power just yesterday. we saw them issued decisions that chipped away at the power of the sec and the epa, while we were anticipating this larger decision, this is one of the broadest sort of sweeps that they have made against the sweeping power of federal agencies. so this overturned decades, decades of precedent. and what it does is it shifts power from federal agencies to the court's now again, this is an incredibly significant moment in american history. this will really change. so much about american life and who makes decisions, especially on technical issues that often the agency's we're dealing with, for example, either the environment or workplace regulations or something to deal with national security. so this is credibly significant. this decision, it's actually kind of surprising that it wasn't the last one because usually they released their most significant decision last, but it appears that among the last few decisions will be the trump immunity case on monday. we know that the adl day, one more case that came out today has to do with homelessness the constitutional question of cities can punish the homeless for sleeping and public property yeah, and here this was the first opinion we got today. it was authored by justice gorsuch, and here he found that it does not amount to cruel and unusual punishment. if you have the so-called anti camping statutes that you've seen which punish homeless people for sleeping outside. and this is interesting kristen, because it's one of the few actual constitutional questions that was resolved. we have a lot of other constitutional questions on abortion on the first amendment that they've kinda sidestep. but here gorsuch writing for the majority saying that this is not cruel and unusual punishment judgment if local ordinances are past that prohibit camping and you ticket homeless people who are then sleeping on the streets. now, justice sotomayor had a pretty robust it descent. here are calling this quote unconscionable. so this is again one of those cases that doesn't get quite as much publicity, but it's really a significant issue. and one that a lot of cities then towns have dealt with. and again, it's an actual constitutional issue that was decided by the high court so going forward, i'm just palatini. they can pass these anti camping statutes and homeless people can be ticketed if they're sleeping alright. thank you for summing that up. big de here at the supreme court will often another big de monday. yeah, it'll be a huge de monday as well. >> are thanks. pamela. thanks. joan very much. i want to bring in joan biskupic right now who are with us here in the studio. john, you've taken a close look at these other supreme court cases and you think they're very, very significant as well? >> i do. and i have to say the one involving the power of agencies and who gets to determine various congressional enforcement policies is it agencies whose are directed by congress in certain mandates to protect the environment, workplace, life endangered species. maybe go into high-tech areas such as artificial intelligence, who is responsible for that. and basically this decision today, reversing precedent back to 1984, puts the court in charge and it was written by chief justice john roberts. i just said earlier when we were talking and about the january 6 case the chief justice of the united states kept their case for himself, and he kept this case for himself to, this is a case that really will reorder how the federal bureaucracy and administrative agencies operate and how they protect the public. that's the key here. and it's such a dramatic turn in the structure of the federal government, that justice elena kagan took the step of reading parts of her dissent from the bench. that's she started by saying this is a decision that really turns its back on the notion of judicial humility. it's not only putting the courts and judges at all level in charge of interpreting federal statutes that would govern agency work. again, whether it be in the environment public health, just anything that when you think of how the federal government, banking regulations, consumer finance, all the ways that the government does try to protect people. but in the mind of some metals, too much that she said that this is such a power shift and it also really rejects the court's own notion of adhering to precedent the notion of stereo decisis that's the latin word for hearing to precedent. the court turns its back on that as well as this notion of who should decide very quickly. i'm just curious on this their decision, major decision limiting obstruction charges for the january 6 rioters who assaulted the u.s. capitol if you're assaulting the u.s capitol, breaking windows, breaking doors storming, and isn't that obstruction well, that can not under this particular provision perhaps many of those defendants could be charged in other ways in terms of the damage or the assaults, definitely assault the other january 6 defendants could be charged under other provisions of federal law. >> the reason the federal government really like the provision at issue here, the one that penalizes people for corruptly obstructing an official proceeding is because it carries a 20 year prison sentence. it has more muscle than some of the other charges and wolf indeed, many of our january 6 defendants were charged with multiple crimes and i think i think the government estimates that about only about 50 of the defendants were only subject to this particular crime. so you're right when you think of the kinds of offenses and violence that we witnessed on january 6, 2021, you'd think something would apply and it definitely would. it's just not there. i'll just quickly read that one sentence from merrick garland journey general, reacting to this susan fisher versus united states, the supreme court decision, i am disappointed by today's decision, which limits and important federal statute that apartment has sought to use to ensure that those most responsible for that attack face appropriate consequences. this is is obviously very upset about the supreme court decision. all right. we're gonna take a quick break. we'll be right back name a file. it's kind of amazing. wow, my go-to is lima phi. i dropped luma phi dramatically reduces 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right now. she's in raleigh, north carolina. saw kayla what are the what are you hearing more from the biden team today about last night well, if the biden campaign is focused on moving forward, there's a desire to pack up the few wins from the stage last night particularly on substance, to package many of those on social media which you've already started to see this morning, and to move on to what comes next. >> that is why the focus is on north carolina today, i'm told the biden camp believes that there was a real possibility that north carolina could turn blue this year because of the changing demographics here, i growing hispanic and black population and an abundance of college educated, superb, and suburban voters, as well as the possible the popularity of the democratic gubernatorial candidate here, josh stein. he's gonna be here with president biden, who is set to speak in the next hour, but it comes amid the widespread alarm in the democratic party of the performance on the debate stage last night. but a biden adviser tells me that the president will not drop out of the race and we'll remain committed to debating again in september. walls. and then new york, he's going to be doing some major fundraising right he is, he'll be going to a fundraiser in new york city directly from north carolina mine and that's going to be one of the first conversations with donors about how they feel kayla tausche on the scene for us. >> kayla, thank you very much. and we'll be right back determines if you've been paying attention, it's easy to see prices are going up on just about everything. >> that's why you need to do your wallet a favor. we call carshow. now one called carshow latching into today's low price. so you can george peace of mind, knowing that you're not only protected from mechanical breakdowns, but also from those rising rates. if are driving them out of warranty vehicle, car shield offers plans that cover up to 6,000 parts and systems in your car, truck, 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biden to make the focus donald trump, as opposed to his own stamina but he didn't do it. and so the narrative has shifted and the former, the current president, faces the challenge in the next few days of trying to once again shift the narrative back to donald trump today, the supreme court affected a different narrative. president former president trump has been arguing that he's a victim and others on january 6 were victims of judicial overreach of the criminalization of politics the supreme court didn't agree with him today in terms of the politicization or criminalization of politics. but it did suggest an overreach on the part of federal prosecutors and that helps the trump narrative about january 6, so this has been a very hard day for the trump for the biden campaign in two extremely important respects so i suggest that as we look forward we are going to anticipate some very tough decisions by the biden family about the president's ability to show the stamina he needs to to answer the questions that he himself raised last night. and with regard to the january 6 decision today, federal prosecutors are going to have to have some soul searching to determine the way in which to proceed with making clear the january 6 was an insurrection and was involved in in fact, employees slide criminal acts. it has to find a way to do that without feeding the narrative that somehow we've all misinterpreted january 6, and that those people who tried to storm and did storm the capitol were victims as opposed to perpetrators. >> and i know you studied these are presidential debates over these decades going way, way back nixon, kennedy, et cetera but based on your historic perspective, can president biden comeback after his performance last night? >> it all depends on this key question. was last night a bad night? or, was, it evidence of something more troubling about the president only the biden family and his doctors could tell us if it's a bad night. sure. he can come back. we don't remember ronald reagan's first debate in 1984, we keep talking about the great line that he delivered to walter mondale in the second debate. but let's keep in mind, first of all, ronald reagan was way ahead in october of 1984 number two, ronald reagan had three weeks just three weeks to fix the problem, whereas joe biden will not get a huge national audience until the democratic convention in august. and perhaps you'll have another opportunity in september. so there are weeks and weeks and weeks to many weeks. in fact, for biden. so it all depends on whether last night was an exception or actually is the rule for the president of the united states. >> we will find out presidential historian tim naftali. >> thank you very much into our viewers. thanks very much for joining me here in the cnn newsroom. i'll be back later today, 6:00 p.m. eastern. actually, 5:00 p.m. eastern. today in this situation room, stay with us inside politics with kasie hunt starts right down 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