Transcripts For FOXNEWSW Americas 20240621 : comparemela.com

Transcripts For FOXNEWSW Americas 20240621



>> jacqui. >> supreme court watch as we wait for the court to issue new rulings any moment with 19 cases from the current term still undecided. welcome to a brand new hour of "america's newsroom" i'm jacqui. >> and start this friday morning with you, it could be a busy hour, i'm sandra smith, the court issued opinions in four cases yesterday, none were the big ones we were watching for. what we are watching for includes former president trump's claim of presidential immunity. shielding him from prosecution for actions taken while in office. the use of an obstruction law against some of the january 6th rioters and the biden administration's influence over social media content. >> also on the docket, fisherman are fighting administrative powers of unregulated, whether federal law can override state abortion restrictions forcing hospitals to perform abortions if there is an emergency. our legal team is standing by, shannon bream, along with jonathan tourly, andy mccarthy, shannon outside the court. i hate to ask you to guess what you expect not to see today, but could you? >> reporter: we have 19 opinions we are waiting on. we know from inside, bill muir, there are three boxes, what that means in regular people terms that is a big day. one to two boxes, we have a giant decision that could be 200 or 300 pages long. or 60 pages long. so, it's a guessing game at this point. we're waiting for the first one. as you said immunity is at the top of the list. we have that january 6th case that applies to hundreds of january 6 defendants including president trump. if he wins that case he is not a direct party, if the defendant in that case wins it wipes out half of the federal case here in washington against president trump. so, there are a lot of things that could impact the trump campaign, 2024 campaign today, based on with we get from the court, now it is just a waiting and refreshing and refreshing and refreshing game. >> which is why you hear my computer clicking, clicking, clicking, because we are all looking at the same thing. >> exactly. >> so, shannon, as far as the immunity case is concerned, what will we be watching for there if not getting it today, we are going to get that soon in the timing of this is going to be everything in this presidential election year. >> and just so you know, we do have the first opinion of the day, it's not one of the ones on the watch list. one of the 19 we didn't have on high priority. the human inity case could go so many different ways. justice neil gorsuch, they got the weight of this, we are writing a rule for the ages. so, that's going to take time and there is going to be a lot of back and forth. i would guess if the chief justice is writing the opinion and that is our guesstimate, it doesn't mean he is for sure. he is the type that wants to pull together a coalition, as many people to sign on to whatever the majority opinion is. neither side is going to get everything they are asking for. i highly doubt. it was presidents can do whatever they want, there is no criminal liability for that, they have to be free to do their job. you can't have protection its on presidents for ages and centuries have done their job without trying to worry about being prosecuted criminally before they leave. during the argument there was a lot of conversation about what if this turns into the person who loses, immediately has to worry their opponent is going to try to put them in jail. i gotta think the court is going to find some kind of middle ground, there is some measure of immunity for official abilities and clearly define what are official acts of the all that means, if that happens, it goes back to the lower court which has been on pause here in washington for months while this has played out, depending on what they get from the court whether it's today or next week, they will then take up the pieces and decide how that case moves forward. it's been a significant delay, federal cases do not move at lightning speed, the way this got on to the docket, argued, by supreme court standards that's very quick. >> i want to bring in jonathan tourly, the one opinion that just came down or shannon mentioned is texas versus new mexico, it wasn't a high priority case that we were watching. does that tell you anything about the likelihood that we will see today one of those more highly watched cases like the immunity case? >> well, they do have to clear the decks a bit. they have a number of cases that they are going to go through. they are all important, of course. as ruth bader ginsburg says it's not a bad year to have a year of big cases. we are waiting for these block buster cases. i expect we are going to get a couple of these, we are waiting for a second amendment case, rahimi case that hunter biden may be counting on to assist him. we have the immunity case. we have a major case on agency authority. all these are still before the court. i think we'll get one or two of those today. >> there is a "new york times" guest essay on the trump immunity case as we do await anything else coming down here this morning. it reads something's rotten about the justices taking so long on trump's immunity case. what are your thoughts on that? >> i think it's just such slanted coverage, it's reminiscent what we heard before the dc circuit gave them a ruling that they liked and then suddenly all was forgiven and everything fine. i don't put much stock in it, what i would put more stock in frankly, is the questioning that went on at oral argument where justice garrett and justice kagan elicit from trump's lawyering a lot of ground given stuff in jack smith's indictment that can't be or is in conceivably covered by immunity whatever the supreme court ends up deciding the scope of immunity is. those were major sessions. jack smith will still have a case no matter what the supreme court does. i focus more on that which is real than this other stuff about why it's taking a court a long time to decide something that's unprecedented and very complicated. >> and i want to go back to jonathan, jon than we got another opinion that came down, again, not one of the cases that we've been watching very closely, it's department of state versus -- to your point, jonathan, all of these cases are important, but of the ones that might shape the outcome of the election, which are in sort of your order, the top of your list? >> well, it's like animal farms, all animals are equal but some are more equal than others. we have major cases, the trump case has presidential immunity. rhimi, u.s. fisher which is on the scope of -- or the value obstruction charges that could have significant impact on the cases involving president -- former president trump. you have the loafer bright enterprise case which deals with a fishing company. but many people think it could put a spike through the heart of the chevron doctrine, giving federal agencies sweeping discretion when they create new rules, going against the federal government. the question is whether not necessarily where they should lose, chevron will survive it. you also have moody, which is a censorship case on the internet. you have moil which is dealing with abortion and state rights. you have murphy, murphy which is another censorship case on the internet. all of those have tremendous potentials for affecting the lives of american citizens. we are not going to get all of them today. the court often reserves some of the biggest cases for its final day. there is a sense of theater here. they tend to release at least one block buster case. i expect we are going to get that. maybe rahimi, that has been long on the vine. and so it may be ready now to be plucked by the chief justice. >> all right. so, shannon we are almost 9 minutes and counting past the top of the 10:00 hour. what point do we realize we are not getting some of these top cases or will that take time to see? >> so what happens with each case is they release them in reverse seniority. the person who authors the case. the first one was justice jackson, justice barrett. anybody else in seniority can be giving us one of the cases remaining. when we get the last three cases of the day, the three boxes are empty, they will tell us that's the last one of the day. what happens with a lot of these cases is when they are handed out, the justices are actually on the bench and they read a portion of their opinion and explain the holding of the case. now if somebody's really fired up i think is the best way to say it, they will ale reed their dissent, boom, the next one is released, we are still in that releasing phase. like i said, with the two most junior justices having gone, it could be anybody left on the court and bigger decisions are going to a justice much more senior as we wait. >> and shannon, you mentioned earlier that, you know, the supreme court has to clear its docket by the end of the month. you have the president of the united states hold up at camp david, preparing for a debate on the 27th which is a thursday. and then that friday is the last weekday of the month before you head into the weekend. so, if we were to see one of these big rulings come down, it's something like abortion or immunity that they would as a campaign likely want to season. i think we should note, too, that what they would have to do to get the president out there to give remarks is not as easy as it would be if he was at the white house, call the press in. and a couple of these i would imagine they are going to have strong reaction to. >> yeah, i mean, jacqui you know this better than anyone what it's like to get the president on camera, get access to the pool. i would imagine if there is something really big when he is on a lockdown, debate prep at camp david, we are going to get paper statements. something really crucial, they will find a way to include the press and get a statement out from him. what is interesting if one of the big decisions comes on the debate. they only added wednesday, the only day they added next week. we know they will add more, by my count we're down to 17, no way they are going to release all of those today on wednesday so, it's very possible that thursday is an opinion day, it could be the last day of the term. it could be the block buster, it could be immunity, that's all possible meaning that that is then the headline going into the debate, whatever the justices have decided. so, you have to imagine the debate prep going on, moderators are tightly watching what's happening with the supreme court because it's going to provide todayer for that first head to head for these two in the injuriest debate in recent history or memory that any of us have of presidential campaign. >> another case coming instill not one of the top ones that we are watching. we'll keep refreshing. jonathan, can i ask you about the hearings in the trump classified documents case beginning in florida out of fort pearce. we had a report out of there. set to begin 9:30 this morning. what are you watching and expecting there? >> you know, this is a very novel issue that is by no means frivolous. people have been dismissing this as just a hail mary throw by the trump team and they've been accusing this judge of entertaining a frivolous claim, it's not. there is a disconnect between the language of the constitution and how the special counsel cases are handled. if you want to be a u.s. attorney with the authority about of the u.s. attorney, you have to be nominated by the president, confirmed by the senate, you go through this long process. unless you are a special council, the attorney general could pick you off a corner in washington, d.c. and give you more power than a u.s. attorney. so, what these -- what the challengers are saying is how does that track -- i mean, how do we have this system if the attorney general can't effectively make his own appointments of these powerful legal figures? now, that doesn't mean that the biden administration is going to lose this case. the odds still favor the biden administration, previous cases have indicated that courts may not be entirely happy with this, but they can -- but they have allowed this to go forward. keep in mind that we had an independent counsel statute passed by congress, that was allowed to die. many people had had enough of independent counsel investigations. that left this weird gap as to, well, who are these people? how does the attorney general general get authority that is supposed to be shared between the president and the senate? that's what they are going to be debating today. >> we'll let you guys regroup as we furiously refresh our browsers and get to other news in the meantime shannon and jonathan and andy, thank you. >> manhattan da is refusing to crackdown on anti-israel protester that took over columbia, destroyed property and held staff hostage. alvin bragg dropping nearly all of their cases. >> 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is live with the latest on this story for us, nate. >> reporter: hey, jacqui, cases of 31 columbia university students and staff member arrested are now dismissed. the anti-israel protesters barricaded the campus building and covered the security cameras inside. police arrested protesters on trespassing charges, prosecutors say there is in sufficient evidence to prove the defendants caused damage or nursed anybody. because of a lack of security camera footage and the fact that protesters wore face masks. now almost all of them have an opportunity to avoid criminal punish: on top of the dismissed cases, alvin bragg offered deals to 14 defendants, all but two of them are not affiliated with the school. their cases will also be dismissed if they complete a probation airy period successfully. prosecutors say, all dismissed charges including defendants without criminal histories, protesters said it's not enough. they are calling on prosecutors across the country to drop charges against protesters. >> four palestine action u.ss are facing over 30 years in prison for allegedly targeting a facility. we say, drop the charges. >> prosecutors also dismiss charges against ninan tie israel protesters at the city college of new york. another nine offered a dismissal after a successful probation airy period. six protesters at the city college of new york are still facing prosecution, five are accused of assaulting police officers, the sixth is facing an illegal weapons charge. >> nate foy for us, thank you, nate. >> reporter: you got it. >> my heart goes out to the families that lost this young girl and these animals that did this deserve to rot in hell. and right now there is blood on joe biden's hands because of the executive fiat he destroyed our southern border. american children are dying. this is absolutely absurd. this is absolutely unamerican. 11,000,000 people entering our country illegally under fentanyl entered our country, our children are dying, it is the federal government's job to keep our children safe. >> we are going to have more on that story coming up. it is still developing at this hour. meanwhile this alert to the supreme court as we have just gotten the ruling on the u.s. versus rahimi, live with that, shannon you heard professor turley whether or not this would impact hunter biden. from having access to their gun. in a decision that looks like it's probably 8 to 1 here. so, passing that out. individual when found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the second amendment, it sounds like, we'll dig into this, the court is saying there can be times when second amendment rights can be infringed, somebody under a domestic violence order. had he a record that was very troubling when it came to physical violence, allegations of that with partners with him. and it looks like, and i am getting the hard copy opinion because our folks are amazing and they run really fast and we get these. thank you. it looks like this is an 8 to 1. i will be able to tell you here. yes, it looks like justice tothomas, on numerous owe occasion, what it looks like the court is saying is in there are cases in which second amendment rights can be infringed, in this case where you potentially pose a threat to someone else and their safety, that is going to be a situation in what the court says. this can happen. they say essentially here, we conclude this, individual found by court to pose a credible threat to the physical safety can be disarmed. reversing, sent back down for further proceedings. to 8 to 1. that's the decision, as you know hunter biden has been, i know, just convicted on federal gun charges, in his case it was somebody the law says if you are addicted to an illegal substance and you lion a form, is that a reason to proceed with federal criminal charges. and losing opinion for justice thomas, like i said advocate here, 8 to 1 the court is saying that jurisdictions can keep people from their guns in situations where other people's safety is at threat. >> more reaction, shannon, if you could stand by with us as we do wait possible more rulings at this hour. jonathan turley taphouse on this. u.s. supreme court ruled in favor, the biden administration defending the federal gun ban for domestic abusers, how big is this and does this change things with the hunter biden case? >> it does. this is a drop hail mary throw for hunter biden. his defense was relying significantly on this case. they were hoping that the nra would prevail against his father's justice department. and to expand the second amendment rights so it might have had this blow back on his own case. i always question that by the way, because hunter biden was convicted for lying on a gun form. i doubt it seriously the supreme court would get to the point that said you could do that. but the court here in an almost unanimous decision said that, no, look secon

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