Transcripts For FOXNEWS Special Report With Bret Baier 20240

Transcripts For FOXNEWS Special Report With Bret Baier 20240702



i'm bret baier. breaking tonight. the u.s. supreme court issued a landmark ruling that presidents have some immunity from prosecution. it is a newanced decision that hinges on what is and is not considered an official act the immediate after effect the issues may delay push them past the november election. fox news chief legal correspondent, anchor of "fox news sunday" shannon bream starts us off with all of this tonight. good evening, shannon. >> good evening, bret it. is a win for the trump legal team today in the sense that it delays special counsel jack smith's case against him it. does not completely extinguish very real three threats. >> writing for the majority, chief justice roberts said no president is above the law. but that, quote: the president may not be prosecuted for exercising his core constitutional powers. and he is entitled at a minute pump to a presumptive immunity from prosecution for all his official acts. that immunity applies equally to all occupants of the oval office. regardless of politics, policy or party. the justices did not determine which of the allegations against president trump do or don't fall within the official duties. sending the case back to the trial court to work through that process. noting that the case was pushed forward with such haste that the factual record necessary for the justices to make most of those determinations doesn't exist though the majority did find president trump has absolute immunity discussions with justice department officials. those falling within his exclusive constitutional authority. the tis centers aggressively warned about what they see is the real world impact of today's decision. justice sotomayor imagining a scenario in which a president hires a hit man to take out a political rival later writing the court effectively creates a law-free zone around the president upsetting the status quo that has existed sings the founding. adding with fear for our democracy, i dissent. justice jackson writing in a dissent of her own, the seeds of absolute power for presidents have been planted and without a doubt, absolute power corrupts absolutely. the majority pushed back on what it called the dissenters wholly disproportionate tomorrow of chilling doom, noting, like everyone else, the president is subject to prosecution in his unofficial capacity. now the work of weeding through the special counsel's indictment. to determine what's an official act and what's not, that will eat up more time at the trial court level. the majority did make this note regarding some of the allegations. whether the tweets, that speech and trump's other communications on january 6th involve official conduct may depend on the content and context of each. >> shannon: today's ruling did not specifically address the mar-a-lago classified documents' case. cub sure the trump team is going to argue this immunity decision applies in that federal criminal case as well. bret? >> bret: shannon bream outside the court, shannon, thank you. just some breaking news from the white house. president is going to deliver remarks about this decision, 7:45 at cross hall inside the white house. about the decision of the supreme court we are getting one of the first reactions to thursday's debated a poll from suffolk "u.s.a. today" indicates 44% of those surveyed say it did not impact their decision about voting. 31 percent said them more likely to vote for former president donald trump. just 10% made them more likely to vote for president biden. 50% of those surveyed said they thought former president trump won the debate. just 11 percent said president biden. 28 percent said neared neither. reaction from the left outrage and concern on the decision of immunity. former president trump calling that decision a solid ruling. a big win for democracy. and the constitution correspondent bryan yen that's has reaction from palm beach, florida. >> thank you. >> former president trump declaring victory tonight after the supreme court decision all but ensured special prosecutor jack smith's 2020 election interference case won't go to trial before election day. the supreme court totally dismantled most of the charges against me. joe biden should now call off his dogs, our country should now be focused on greatness again. republicans claiming a win over what they say is democrats' weaponization of the judicial system. >> now, the american people can focus on the real issues at hand and who they want to lead america over the next four years. >> decision adding to the trump campaign's momentum, following president biden's calamitous debate performance last week. >> this is like a rocky knockout. they should build a statue of trump georgia tech. should joe biden still stay in the race. >> a new poll conducted before the debate showed trump ahead of biden by 4 points in a head-to-head rematch in battleground michigan. after the debate, according to politico, michigan governor gretchen whitmer warned the president's campaign that her state is no longer winnable for biden. whitmer disputing that report, quote: anyone who claims i would say that we can't win michigan is full of explicative. let's go. former president trump has also out-fundraised biden by $81 million over the last two months. with biden's back against the wall, the rnc blasting out fundraising emails today, declaring right now we have got them on the ropes. as for the impacts of last week's debate, look, it's not just michigan that could be trouble for president biden, according to fox news power rankings, arizona and nevada are the most likely battleground states to shift from toss-up to former president trump. over the next two weeks fox will analyze multiple reliable polls before adjusting our election forecast. bret? >> bret: bryan llenas outside palm beach. bryan, thanks. president biden's campaign says today's ruling does not change the fact that then president trump encouraged a mob to overthrow the results of the 2020 election that's their statement. calls increase for president biden to remove himself for the democratic ticket for this year's election following last week's debated performance. let's get reaction from the white house tonight. that's where we find gillian turner live from the north lawn. good evening, gillian. >> good evening, bret. biden world tonight is lashing out in the wake of the supreme court's ruling the campaign is trying to insist that the former president trump's legal whos are actually in the spotlight. should be under scrutiny today. this is the president's allies are closing ranks amid more calls for him to step aside. >> i don't regret my endorse wanted because donald trump is existential threat to this country. >> felons aren't welcome in the u.s. armed forces. why would we want one as our commander-in-chief. >> gillian: even the secretary of state normally tight-lipped on politics went on defense for the president. >> what the world knows. the world has experienced over three and a half years not one night is exactly the kind of leadership that he has brought to bear. >> biden's inner circle over the weekend reportedly telling him he is the only democrat that can beat trump in 2024. the president himself hasn't always believed that. >> mr. president, do you think there is any democrat that can beat donald trump other than you. >> probably 50 of them i'm not the only one to defeat him but i will defeat him. >> other democrats took up arms first lady amid reports she has been pushing biden to stay in the race. >> they don't live in each other's shadows. if he didn't want to be president, if he didn't want to run again. she would be the first one in her car heading to the beach. >> jen psaki, biden's former press secretary defending her colleagues and pointing the blame at biden himself. quote: biden was bad, important converconversations about what s next, if you were directing your ire at prep, you are not talking about the right things. the biden campaign rang a fire alarm fire warning today when reacting to the supreme court's decision granting trump partial immunity. >> trump has only grown more unhinged and now is he unchecked, thanks to this ruling today by the supreme court. >> well, as of now, the biden campaign insists the president will debate trump again in september and that he will be the party's nominee at the democratic convention. as you mentioned off the top of the show, bret, the president decided to come back early to the white house from camp david tonight. is he on his way. is he going to address the american people at 7:45. bret? >> bret: okay. gillian turner, live on the north lawn, gillian. thanks. >> obama dropped missiles and they ended up hitting a kindergarten or a school. what would happen to biden? he has killed our country with his policies. the border is a disaster. if a president is afraid to act because they are worried about being indicted when they leave office. if they don't have immunity, no president is going to act. former president trump making his case for immunity. brit hume and trey gowdy former congressman from south carolina. brit, let me start with you. your thought of the impact of this ruling and what it means big picture? >> well, obviously the most immediate impact postpone any trial by under jack smith, the special prosecutor of president trump on the cases that he is bringing against him until after the election. they have got to sort out which of these acts that are alleged against a president would be considered to be official acts as opposed to private or unfinal acts. and that's got to be, as the supreme court pointed out that wasn't briefed, the lower courts investigate it. when they were hearing it. so there is some work to be done before they can move those cases forward if indeed they can move them at all. that's point number one. point number two the dissents in the case border on hysteria. there are all this parade of horribles that was trotted out by justice society mayor poses all sorts of possibilities that are remind me of that old jewish proverb i'm an old man and i have seen a lot of most of them never happened. those are the two things that strike me at this moment. >> bret: yeah, trey. democrats, both in the senate and the house all weighness a similar tone. dick durbin the majority ruled not just donald trump but future presidents may be immune from abusing the levers of government to overturn. relateddably it is disgraceful thomas and a&e alito refused to recuse themselves from this case. as i said the appearance of impartiality or impropriety requires recusal. here is laughlin on the judiciary committee in the house. >> and they basically had said anything the president says and does is within the prenumb bra of his official acts. that's not what the constitution says. it's not what the founders intended. it's not what our democracy needs. these guys are extremists, really. they are extremists with a political agenda and it's very disturbing. >> so it does sound like this is going to be the beginning of a campaign for democrats to run against the supreme court. >> i just wish they had read the opinion. i mean, when i listen to them talk about it, i just wish they had read it. part of jack smith's indictment is dead. part is on life support. but part is still very much alive. while president trump will not be on trial between now and november. that does not mean he won't be in a courtroom. they are going to have to litigate these unofficial acts and see whether or not jack smith can untether them from that definition of official. the dissent really does a disservice to the american people. the notion that it confers absolute immunity on a president to do whatever he or she wants to, you clearly haven't read the opinion if you believe that. >> bret: brit, whack the political impact, you know, post thursday's debate and now we are going to hear from the president tonight at the white house reacting to this ruling? obviously a lot has happened in the last few days. >> brit: i suspect he will stand up and read off the toll prompter and he will do fine. the damage is done. good chance that the polling results we get in the near term after this debate. any direction because i think in terms of the president's sen sentand frailty the public got t the media weren't reporting that very well. there was enough out there that people could see it and of course they could see it in public events i think the pluck is up to speed on this and so that idea that he is so frail and senile may already be baked into the numbers. he will probably -- the president will probably lose some ground trump pay gain a bit. it may not be earth shaking. the question for biden is whether it's reversible. >> trey, there are more and more people coming out saying on the democratic side. saying it needs -- there needs to be a change, including james carville this afternoon. but, if president biden decides not to get out of this race, there is really not a lot that democrats can do about it. >> there is not. he is the nominee though have a problem his vice president is an african-american female. without that voting constituency, there is no democrat party. so, to skip over her to go to a gavin newsom or a gretchen whitmer is the death knell. it there may already be a death knell. 10% of people who watched that debate more likely to vote for joe biden that is the most staggering thing i have heard in probably the last 10 years. they must have oversampled psychiatric units. who could have watched that i do baited and now be more likely to vote for joe biden? it's stunning. >> bret: yeah. that was suffolk "u.s.a. today." it was the first one met our guidelines post debate there will be more as bret mentioned. brit and trey, thank you so much. stocks rose to start the second half of the year. the dow gaining 51. the s&p 500 was up 15. the nasdaq jumped 4142022 a new record close today. up next, the sensational details in the transcripts of a grand jury investigation into jeffrey epstein. we're going to bring that to you live. and, later, u.s. military installations in europe are on high alert tonight. we'll tell you why. ♪ is a job well done. ♪ but when you get your tools from harbor freight something about the job feels a little different - your wallet. because we believe no matter what you're working on you need high quality tools at a great price. and that's what we're all about. ♪ whatever you do, do it for less, at harbor freight. ♪ we've always loved taking care of our home. but last year, grandpa here broke his arm. we realized some home maintenance jobs aren't worth the risk. that's when we called leaffilter to protect our gutters. leaffilter's patented filter technology keeps debris out of your gutters for good. they gave us a free inspection and we had the system installed that week. my only regret is not calling them sooner. now we can focus on what we really enjoy. join millions of satisfied homeowners. call 833 leaffilter today or visit leaffilter.com (fisher investments) at fisher investments we may look like other money managers, but we're different. 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(fisher investments) at fisher investments, we're clearly different. ♪ >> bret: house republicans are suing attorney general merrick garland to obtain the audio recording of president biden wants interview with the special counsel in his classified documents case. they're asking the courts to enforce their subpoena and reject the white house's effort to withhold the materials from congress. the legal action comes weeks after the white house blocked garland from releasing the audio recording by asserting executive privilege. long time trump ally steve bannon has reported to a federal prison in connecticut to serve a four month sentence on contempt charges. bannon defied a subpoena in the congressional investigation into the january 6th 2021 capital attack. a judge had allowed bannon to stay free for nearly two years while he appealed but ordered him to report to prison after an appeals court panel upheld his contempt of congress convictions and the u.s. is supreme court rejected his emergency appeal to stave off that sentence. breaking tonight, a florida judge has released the transcripts of a 2,006 grand jury investigation into the sex trafficking and rape allegations against wealthy and infamous financier jeffrey epstein who died in prison. a warning, these are explicit. correspondent steve harrigan is in atlanta tonight with that. good evening, steve. >> steve: good evening, bret. explicit, dark sort sordid. hard to read often 14-year-old girls telling the stories. these grand jury documents were secret for more than a decade. they have been released after a four year battle with the palm beach post. also florida governor ron desantis signing a law opening those documents saying he wants the public to know who was involved in the sex trafficking with jeffrey epstein. they give really an inside look. details from the girl's own points of view as to what happened to them when. this jeffrey epstein, of course is, a until narrow financier, friend of the rich and famous former president's, princes, tech moguls as well. here is one excerpt from a girl 14 years old at the time that she met epstein. she was recruited as they often were by other under aged girls. her testimony reads: and then she was like oh well, do you want to make like $200 and i was like yeah, sure. and then and she was like well, you're going to have to, like, meet my friend every. and he lives in a big humongous mansion and he lives on the water i was like that's really cool but she is like you have to give him a massage for 40 minutes and that's all you have to do. you get like $200 for it. i was like okay, whatever. it's just a massage. the story goes on to detail how epstein pressured him into giving much more than a massage. palm beach police had dozens of other stories from similar-aged girls and somehow reach epstein's high powered lawyers and the state prosecutor in palm beach for just one count of solicitation of prosecution. that gave epstein just 13 months in prison. a lot of it was work release. meaning he was able to still go to his mansion part of the day. he was also enabled for the next decade to abuse, traffic and rape more underaged girls. in 2019, arrested again in new york. dead in jail one month later from what they say was suicide by hanging. bret, back to you. >> bret: all right, steve harrigan live in atlanta. thanks. up next, french voters appear to be making a hard right turn. we will take you there and tell you what that may mean. first, beyond our borders tonight. hurricane berle begins pounding the southeast caribbean as a powerful category 4 storm. the national hurricane center calls it extremely dangerous and life-threatening situation hurricane warnings in effect for several islands and thousands of people are hunkering down in homes and shelters. former bolivian president eva morales political morales is calling for independent investigation. argentina's president calling last week's coo fraudulent. firefighters are racing to tackle wildfires that broke out on the eent islands. greece's prime minister is warning of a dangerous summer ahead. he says the public's help is essential in limiting the impact of wildfires in greece. this is a live look at japan. one of the big stories there tonight. japan's space agency confirms the successful launch of its new flagship h 3 rocket. officials say the rocket lifted off from a southwestern japanese islands and released its pay load as planned. the satellite is tasked primarily with earth observation and data collection for disaster response and map making. just some of the other stories beyond our borders tonight. we'll be right back. ♪ bi ♪e, ♪e, ♪ i'm inspire? inspire is a sleep apnea treatment cowboy wi ask your doctor about otezla. it's time. yes, the time has come for a fresh approach to dog food. everyday, more dog people are deciding it's time to quit the kibble and feed their dogs fresh food from the farmer's dog. made by vets and delivered right to your door precisely portioned for your dog's needs. it's an idea whose time has come. ♪ ♪ >> bret: france may be about to make a hard right turn. early results of legislative elections indicate the national rally party is taking the lead. there is another week of campaigning before the decisive voting sunday. senior foreign affairs correspondent greg palkot has details tonight from london. >> a political shocker in france. the right wing populist national rally party led by the outspoken marie le pen coming in first over legislative elections over the weekend 33% of the vote. the party's nationalist line hitting strongly on immigration, crime, the cost of living. globalism. resonating with a high turnout of french voters. compatriots. spoken and the french people have placed the national rally and its allies in the lead. >> coming in second with 28% a left wing group tax and spend approach that also had its appeal. the party of centrist president immanuel macron trailed in third with only 20% of the vote. he called the snap election are a the right did well in an eu poll last month. while macron has another three years in office. this political gamble might cost him control of the parliament. put the national rally in party for the first time. his prime minister sounded desperate. >> tonight's lesson is that for far right is on the doorstep of power. >> demonstrators took to the streets in paris overnight. concerned about what they say is the national rally's divisive and polarizing appeal. still with a range of longstanding issues facing, many there seem willing to take a risk on something new. run off elections are set for next sunday. >> we have another crisis, no government, no clear gain. this is what. >> so-called tactical voting. voting for anyone but could keep the national rally from gaining. that could lead to a stalemate. >> greg palkot in london. greg, thanks. the israeli army has ordered a max evacuation of minutians from 67 of unit. it's thought to be a sign troops are likely to launch a new ground assault in the gaza strip's second largest city. much of khan yunis was already destroyed in the long assault earlier this year. large numbers of palestinians have moved back in warning of a possible terror attack. we get specifics from national security correspondent jennifer griffin from the pentagon. >> isis, iranian proxies, oare russian agents. u.s. military officials say there was not a threat from a particular terror group that led to the top american general overseeing u.s. military bases in europe to raids the force protection condition to charlie. the highest level in 10 years. fearing a potential terror threat targeting u.s. military bases. the bases which provide support to nato remain on high alert as the alliance prepares next week to celebrate its 75th anniversary. >> u.s. european demand taking steps to increase vigilance service members and facilities. outs of abundance of caution. >> large crowds gather at packed stadiums for the euro cup and paris olympics begin on july 26th. more than 100,000 service members stationed across europe. the bases on alert include the u.s. european commands headquarters in germany. service members have been told to remain vigilant and report any suspicious activity. iran's supreme leader issued obtuse veiled threat. the u.s. has bases all over the world. in such a situation, any movement, any actions, and any revolution that only pays attention to its own internal environment, and neglects foreign developments will certainly suffer a blow. >> on june 3rd, a 26-year-old russian a ukrainian was as near charles de gaulle airport. involving the manufacture of explosives. french authorities say the perpetrator planning to bomb a hardware store. orchestrated by moscow. bret? >> bret: jennifer griffin at the pentagon. thanks. up next, what a supreme court ruling about homelessness means for america's cities. and then, the panel on the presidential immunity decision from the supreme court and the continued fallout from last week's debate. ♪ ♪ my moderate to severe plaque psoriasis held me back... now with skyrizi, i'm all in with clearer skin. ♪ things are getting clearer ♪ (♪) ♪ i feel free ♪ (♪) ♪ to bare my skin, yeah that's all me. ♪ ♪ nothing is everything ♪ (♪) with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. and most people were clearer even at 5 years. skyrizi is just 4 doses a year, after 2 starter doses. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine, or plan to. 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>> bret: william la jeunesse in l.a. william, thanks. up next, the panel on the supreme court presidential immunity ruling and the reaction to last week's debate. first, here's what some of our fox affiliate around the country are covering tonight. wfxt in boston as the trial of the woman accused of killing her police officer boyfriend ends in a mistrial. the jury in the karen read case said it was deeply divided. the defense contended read was framed. wsvn in miami as boeing announce as deal to purchase spirit arrow system for $4.7 billion. it claims as the plane manufacturer looks to address and resolve the safety concerns. acquisition include all boeing related as well as defense and after market services. and this is a live look at nashville. one of the big stories there tonight from fox 17, national hockey league free agency is underway. the top available player was steven sam coast of tampa bay. the team's all time leader in goals, points and games played has agreed to a new deal with the nashville predators. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ let's get it started ♪ let's get it started in here. ♪ let's get it started ♪ let's get it started i asked myself, why doesn't pilates exist in harlem? 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"the washington post" writing it this way: it's a win for trump. supreme court immunity ruling will delay trial. what's next in the supreme court sent the case back to trump's trial judge. u.s. district judge tanja chutkan to which acts alleged in the indictment official. which are not. creates prospect of minute i had trial over allegations trump's indictment. chutkan's decisions will be appealable. making it highly unlikely, if not impossible that the 45th president will go to trial before voters cast ballots in this year's presidential contests. with that we will start there with our expanded panel, "the washington post" columnist and american enterprise institute senior fellow marc thiessen. "u.s.a. today" white house correspondent jessica chambers. joshua kraushaar hour political analyst and harold ford jr. former tennessee congressman and co-host of "the five." hark mark, your reaction to this. >> president biden, i will be very interested to see what he says tonight. i remember what he said the night that donald trump was convicted and called his prosecution rigged. he said and i quote: it is reckless. it is dangerous, it is irresponsible for anyone to say this was rigged just because they don't like the outcome. we should never allow anyone to tear down our justice system. it's simple as that i'm sure president biden is going to say the exact same thing tonight when it comes to the supreme court decision. >> bret: fran chess carrasco it's interesting that they're choosing this speech. it is a cross hall inside the white house. president biden just landing at fort mcnair, making his way back to the white house for this speech at 7:45. just one of the dissents written justice sotomayor says about the case when he uses his official powers in any way under the majority's reasoning, he, the president, will now be insulated from criminal prosecution. orders the navy seals, seal team 6 to assistant political rival immune. organizes a military coup to hold on to power immune. takes a bribe in exchange for pardon immune, immune, immune. justice roberts, the chief justice said that was all overreaction. but, it's interesting this speech tonight in reaction to this decision. >> and we can draw some conclusions about what the president might say from what his campaign said on a call earlier today with reporters. they basically did not change the message that they have been pushing against the former president of the united states. indeed they doubled down on it. and said that the supreme court was now essentially giving him permission to run a campaign of political retribution. and they, again, said that he would be a threat to democracy. they accused him of trying to bring about a dictatorship. will president biden go that far from the white house tonight? i doubt that his campaign signaled that's at least the tone we can likely expect from him looking at marine one as the president is getting ready to exit camp david. your thoughts on this and what it means big picture it. does appear that it is a big victory for the 45th president. >> thanks for having me. as i listen to mark, i'm reminded that just a month ago. president trump was this convicted here in new york on 34 counts and a bunch of observers and pundits said that the system was rigid. and here we are tonight in some of those same voices are not saying that and i think mark's point i'm going to be listening closely. i think marc points out a consistent is i that we both would want president biden. two three days away from celebrating the 240th anniversary of our country striking independence from the king of england. can i understand why some are disappointed in the decision from the court this is time here to understand what is official and not official. i was not totally enterprised by the decision to be honest with you, bret. i understand the passion justice sotomayor can be rightly placed or misplaced. i think the flushing out here at the district court level of these facts and if you are interested amy coney barrett's decision concurring opinion. strikes some interesting points as well. but if i were the president i wouldn't give a about this. he has real other issues. i know we are going to address. this i wouldn't give a speech about this tonight. >> it is interesting, josh. the political moment to talk about something else other than thursday's debate is probably one that they're anxious to do. >> big picture, bret, this is has been the best political week for donald trump since he won the presidency since he won in 2016. he had a dominating performance because of biden's inseptember performance and bump in some of the public polls over the last few days. now we will see what joe biden has to say from the white house. every neement joe biden speaks is going to be one that all of the eyes are the of the country are going to be watching to see if he can really fight back and get his points across because he certainly didn't at the debate last week. and the stakes are very high. and i think look, i think for biden, there is so much concern in democratic circles. it's really damned if you do, damned if you don't moment for the democratic party. there is so much panic within democratic circles whether he can actually defeat donald trump. at the same time, democrats are worried and boy, lawmakers i have talked, to strategists i have talket the process, biden decides to step aside, it would cause even more panic, chaos and downside risk for the party. it's just a very, very moment in our politics. >> bret: it is a tenuous time for democrats. it's clear when you hear them talking about it, the hackover from the debate is still lingering, take a listen. >> >> the democrats accused us of lying. we have been displaying the reality about joe biden's cognitive decline and now the whole world can see it? >> we know in modern campaigns, singular moments do not spell the outcome of any race. whether it's a debate. whether it is a, you know, scandal. >> he had had to clear one bar. they set exceptions, really. first debates are so incredibly important. he won't have probably another audience like that. >> we have a country that is 72% wants something different. if the democratic party can't produce something different, 72% people want, then why do we exist? what are we here for? i mean, the country is clamoring for change what are we going to offer them? the same stuff? give the people what they want. >> bret: james carville as only carville can. zero interest in stepping aside. joe biden and key family members and friends agree according to people who talk regularly with them. biden's inner circle argues one night of scratch gentlemany voice and mangled answers doesn't all. they are unleashing the full power of the white house and top democrats to resist the calls for him to give up the race. marc, this is quite something, political calculations and the fallout from it. >> yeah. no, it is very much so one of the reasons if he can't resign. so mentally incan capacitated to be president how can he be president for the next seven months. this is constitutional crisis not since woodrow wilson had a stroke and edith wilson running the country has a president been this mentally incapacitated. the american poem don't like being lied. to say the big lie for the last several years in the white house is oh no those are all cheap fake videos. they are exaggerating. these are taken out of context. behind the scenes joe biden is super sharp. is he on top of his game. is he a master strategist. and then the american people get to see him for 90 minutes and they say this and they believe just like the afghan withdrawal was a huge success. all the other lies they were told they were lied to by this president and they don't like being lied to. >> bret: harold, axios piece goes on to say from aides anonymous quoted in the piece that he is on his game cognitively, mentally from 10:00 a.m. to 4:00 p.m., outside of that time not so much. now they are coming up with a plan how to deal with that and burn saying is he going to stay on track in the nomination. >> irwish i could show up to work 10:00 a.m. to 4:00 p.m. i will tell you, i don't know how they thought that was going to swage retire some of the concerns. but, look, i hear marc's point. one of the things that we have to understand. one of the reasons that so many people are clamoring maybe for a different candidate. this race has real stakes, women. consumers, african-americans, nato. what does america look like going forward? and i have combined some foreign policy and domestic policy issues. president trump the other night, he wasn't great, he just had an opponent who was awful. and i think a lot of democrats believe that if you put another democrat as the nominee and i think -- i have great confidence joe biden can serving out the remainder of the term. the question is because his cognitive decline over the last two years so evident in the minds of the people and obviously thursday proved a lot of that going forward, next six months i have confidence in him. i think some people don't have confidence that he can beat -- i'm sorry, joe biden can beat donald trump and serve out four more years. the issues are too big for us not to be serious and thoughtful and be willing to make a change if we must. >> bret: yeah, fran chess carrasco the suffolk poll, "u.s.a. today" poll had trump winning 50% saying he won. and biden was at 11%. should biden be replaced overall at 54% yes. and amongst democrats it was 41% in that poll. >> just 51% of democrats wanted him to remainen the ticket. so, the biden campaign can continue to say that this is something that is being spun by the media and by pundits, but there you have it, bret, from voters right there. and i will note that the democrats that i have spoken to said that they were actually shocked by what happened in the debate. and that if they had known that that was going to happen by the way. they would have encouraged him not to go out there. >> bret: 10 seconds, josh. is joe biden the nominee? >> he will be the alternatives are just too chaotic for democrats to consider. is he going to be a very wounded nominee into the general election. >> bret: we shall see. panel, thanks so much. ♪ ♪ >> bret: finally tonight a special day. one of "special report's" producers elizabeth celebrated her wedding over the weekend. elizabeth and her husband neil tied the knot saturday saint katherine's church. reception golf club. congratulations. everyone at "special report" wish them long, happy, healthy marriage. look forward it you coming back. white house press secretary karine jean-pierre takes reporters wants questions on camera briefing for the first time since the president's debate performance last week. again you will see that speech tonight on fox. remember, if you can't catch us live, set your dvr 6:00 p.m. in the 3:00 p.m. in on the west coast. thanks for inviting us neuro i don't home tonight and every night. that's it for this "special report," fair balanced and still unafraid. "the ingraham angle" with guest anchor jason chaffetz starts in a couple of seconds. i will stick around for the speech as well. see you in a bit. ♪ ♪ >> jason: i'm jason chaffetz in for laura ingraham and this is a special editio

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Transcripts For FOXNEWS Special Report With Bret Baier 20240702 : Comparemela.com

Transcripts For FOXNEWS Special Report With Bret Baier 20240702

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i'm bret baier. breaking tonight. the u.s. supreme court issued a landmark ruling that presidents have some immunity from prosecution. it is a newanced decision that hinges on what is and is not considered an official act the immediate after effect the issues may delay push them past the november election. fox news chief legal correspondent, anchor of "fox news sunday" shannon bream starts us off with all of this tonight. good evening, shannon. >> good evening, bret it. is a win for the trump legal team today in the sense that it delays special counsel jack smith's case against him it. does not completely extinguish very real three threats. >> writing for the majority, chief justice roberts said no president is above the law. but that, quote: the president may not be prosecuted for exercising his core constitutional powers. and he is entitled at a minute pump to a presumptive immunity from prosecution for all his official acts. that immunity applies equally to all occupants of the oval office. regardless of politics, policy or party. the justices did not determine which of the allegations against president trump do or don't fall within the official duties. sending the case back to the trial court to work through that process. noting that the case was pushed forward with such haste that the factual record necessary for the justices to make most of those determinations doesn't exist though the majority did find president trump has absolute immunity discussions with justice department officials. those falling within his exclusive constitutional authority. the tis centers aggressively warned about what they see is the real world impact of today's decision. justice sotomayor imagining a scenario in which a president hires a hit man to take out a political rival later writing the court effectively creates a law-free zone around the president upsetting the status quo that has existed sings the founding. adding with fear for our democracy, i dissent. justice jackson writing in a dissent of her own, the seeds of absolute power for presidents have been planted and without a doubt, absolute power corrupts absolutely. the majority pushed back on what it called the dissenters wholly disproportionate tomorrow of chilling doom, noting, like everyone else, the president is subject to prosecution in his unofficial capacity. now the work of weeding through the special counsel's indictment. to determine what's an official act and what's not, that will eat up more time at the trial court level. the majority did make this note regarding some of the allegations. whether the tweets, that speech and trump's other communications on january 6th involve official conduct may depend on the content and context of each. >> shannon: today's ruling did not specifically address the mar-a-lago classified documents' case. cub sure the trump team is going to argue this immunity decision applies in that federal criminal case as well. bret? >> bret: shannon bream outside the court, shannon, thank you. just some breaking news from the white house. president is going to deliver remarks about this decision, 7:45 at cross hall inside the white house. about the decision of the supreme court we are getting one of the first reactions to thursday's debated a poll from suffolk "u.s.a. today" indicates 44% of those surveyed say it did not impact their decision about voting. 31 percent said them more likely to vote for former president donald trump. just 10% made them more likely to vote for president biden. 50% of those surveyed said they thought former president trump won the debate. just 11 percent said president biden. 28 percent said neared neither. reaction from the left outrage and concern on the decision of immunity. former president trump calling that decision a solid ruling. a big win for democracy. and the constitution correspondent bryan yen that's has reaction from palm beach, florida. >> thank you. >> former president trump declaring victory tonight after the supreme court decision all but ensured special prosecutor jack smith's 2020 election interference case won't go to trial before election day. the supreme court totally dismantled most of the charges against me. joe biden should now call off his dogs, our country should now be focused on greatness again. republicans claiming a win over what they say is democrats' weaponization of the judicial system. >> now, the american people can focus on the real issues at hand and who they want to lead america over the next four years. >> decision adding to the trump campaign's momentum, following president biden's calamitous debate performance last week. >> this is like a rocky knockout. they should build a statue of trump georgia tech. should joe biden still stay in the race. >> a new poll conducted before the debate showed trump ahead of biden by 4 points in a head-to-head rematch in battleground michigan. after the debate, according to politico, michigan governor gretchen whitmer warned the president's campaign that her state is no longer winnable for biden. whitmer disputing that report, quote: anyone who claims i would say that we can't win michigan is full of explicative. let's go. former president trump has also out-fundraised biden by $81 million over the last two months. with biden's back against the wall, the rnc blasting out fundraising emails today, declaring right now we have got them on the ropes. as for the impacts of last week's debate, look, it's not just michigan that could be trouble for president biden, according to fox news power rankings, arizona and nevada are the most likely battleground states to shift from toss-up to former president trump. over the next two weeks fox will analyze multiple reliable polls before adjusting our election forecast. bret? >> bret: bryan llenas outside palm beach. bryan, thanks. president biden's campaign says today's ruling does not change the fact that then president trump encouraged a mob to overthrow the results of the 2020 election that's their statement. calls increase for president biden to remove himself for the democratic ticket for this year's election following last week's debated performance. let's get reaction from the white house tonight. that's where we find gillian turner live from the north lawn. good evening, gillian. >> good evening, bret. biden world tonight is lashing out in the wake of the supreme court's ruling the campaign is trying to insist that the former president trump's legal whos are actually in the spotlight. should be under scrutiny today. this is the president's allies are closing ranks amid more calls for him to step aside. >> i don't regret my endorse wanted because donald trump is existential threat to this country. >> felons aren't welcome in the u.s. armed forces. why would we want one as our commander-in-chief. >> gillian: even the secretary of state normally tight-lipped on politics went on defense for the president. >> what the world knows. the world has experienced over three and a half years not one night is exactly the kind of leadership that he has brought to bear. >> biden's inner circle over the weekend reportedly telling him he is the only democrat that can beat trump in 2024. the president himself hasn't always believed that. >> mr. president, do you think there is any democrat that can beat donald trump other than you. >> probably 50 of them i'm not the only one to defeat him but i will defeat him. >> other democrats took up arms first lady amid reports she has been pushing biden to stay in the race. >> they don't live in each other's shadows. if he didn't want to be president, if he didn't want to run again. she would be the first one in her car heading to the beach. >> jen psaki, biden's former press secretary defending her colleagues and pointing the blame at biden himself. quote: biden was bad, important converconversations about what s next, if you were directing your ire at prep, you are not talking about the right things. the biden campaign rang a fire alarm fire warning today when reacting to the supreme court's decision granting trump partial immunity. >> trump has only grown more unhinged and now is he unchecked, thanks to this ruling today by the supreme court. >> well, as of now, the biden campaign insists the president will debate trump again in september and that he will be the party's nominee at the democratic convention. as you mentioned off the top of the show, bret, the president decided to come back early to the white house from camp david tonight. is he on his way. is he going to address the american people at 7:45. bret? >> bret: okay. gillian turner, live on the north lawn, gillian. thanks. >> obama dropped missiles and they ended up hitting a kindergarten or a school. what would happen to biden? he has killed our country with his policies. the border is a disaster. if a president is afraid to act because they are worried about being indicted when they leave office. if they don't have immunity, no president is going to act. former president trump making his case for immunity. brit hume and trey gowdy former congressman from south carolina. brit, let me start with you. your thought of the impact of this ruling and what it means big picture? >> well, obviously the most immediate impact postpone any trial by under jack smith, the special prosecutor of president trump on the cases that he is bringing against him until after the election. they have got to sort out which of these acts that are alleged against a president would be considered to be official acts as opposed to private or unfinal acts. and that's got to be, as the supreme court pointed out that wasn't briefed, the lower courts investigate it. when they were hearing it. so there is some work to be done before they can move those cases forward if indeed they can move them at all. that's point number one. point number two the dissents in the case border on hysteria. there are all this parade of horribles that was trotted out by justice society mayor poses all sorts of possibilities that are remind me of that old jewish proverb i'm an old man and i have seen a lot of most of them never happened. those are the two things that strike me at this moment. >> bret: yeah, trey. democrats, both in the senate and the house all weighness a similar tone. dick durbin the majority ruled not just donald trump but future presidents may be immune from abusing the levers of government to overturn. relateddably it is disgraceful thomas and a&e alito refused to recuse themselves from this case. as i said the appearance of impartiality or impropriety requires recusal. here is laughlin on the judiciary committee in the house. >> and they basically had said anything the president says and does is within the prenumb bra of his official acts. that's not what the constitution says. it's not what the founders intended. it's not what our democracy needs. these guys are extremists, really. they are extremists with a political agenda and it's very disturbing. >> so it does sound like this is going to be the beginning of a campaign for democrats to run against the supreme court. >> i just wish they had read the opinion. i mean, when i listen to them talk about it, i just wish they had read it. part of jack smith's indictment is dead. part is on life support. but part is still very much alive. while president trump will not be on trial between now and november. that does not mean he won't be in a courtroom. they are going to have to litigate these unofficial acts and see whether or not jack smith can untether them from that definition of official. the dissent really does a disservice to the american people. the notion that it confers absolute immunity on a president to do whatever he or she wants to, you clearly haven't read the opinion if you believe that. >> bret: brit, whack the political impact, you know, post thursday's debate and now we are going to hear from the president tonight at the white house reacting to this ruling? obviously a lot has happened in the last few days. >> brit: i suspect he will stand up and read off the toll prompter and he will do fine. the damage is done. good chance that the polling results we get in the near term after this debate. any direction because i think in terms of the president's sen sentand frailty the public got t the media weren't reporting that very well. there was enough out there that people could see it and of course they could see it in public events i think the pluck is up to speed on this and so that idea that he is so frail and senile may already be baked into the numbers. he will probably -- the president will probably lose some ground trump pay gain a bit. it may not be earth shaking. the question for biden is whether it's reversible. >> trey, there are more and more people coming out saying on the democratic side. saying it needs -- there needs to be a change, including james carville this afternoon. but, if president biden decides not to get out of this race, there is really not a lot that democrats can do about it. >> there is not. he is the nominee though have a problem his vice president is an african-american female. without that voting constituency, there is no democrat party. so, to skip over her to go to a gavin newsom or a gretchen whitmer is the death knell. it there may already be a death knell. 10% of people who watched that debate more likely to vote for joe biden that is the most staggering thing i have heard in probably the last 10 years. they must have oversampled psychiatric units. who could have watched that i do baited and now be more likely to vote for joe biden? it's stunning. >> bret: yeah. that was suffolk "u.s.a. today." it was the first one met our guidelines post debate there will be more as bret mentioned. brit and trey, thank you so much. stocks rose to start the second half of the year. the dow gaining 51. the s&p 500 was up 15. the nasdaq jumped 4142022 a new record close today. up next, the sensational details in the transcripts of a grand jury investigation into jeffrey epstein. we're going to bring that to you live. and, later, u.s. military installations in europe are on high alert tonight. we'll tell you why. ♪ is a job well done. ♪ but when you get your tools from harbor freight something about the job feels a little different - your wallet. because we believe no matter what you're working on you need high quality tools at a great price. and that's what we're all about. ♪ whatever you do, do it for less, at harbor freight. ♪ we've always loved taking care of our home. but last year, grandpa here broke his arm. we realized some home maintenance jobs aren't worth the risk. that's when we called leaffilter to protect our gutters. leaffilter's patented filter technology keeps debris out of your gutters for good. they gave us a free inspection and we had the system installed that week. my only regret is not calling them sooner. now we can focus on what we really enjoy. join millions of satisfied homeowners. call 833 leaffilter today or visit leaffilter.com (fisher investments) at fisher investments we may look like other money managers, but we're different. 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(fisher investments) at fisher investments, we're clearly different. ♪ >> bret: house republicans are suing attorney general merrick garland to obtain the audio recording of president biden wants interview with the special counsel in his classified documents case. they're asking the courts to enforce their subpoena and reject the white house's effort to withhold the materials from congress. the legal action comes weeks after the white house blocked garland from releasing the audio recording by asserting executive privilege. long time trump ally steve bannon has reported to a federal prison in connecticut to serve a four month sentence on contempt charges. bannon defied a subpoena in the congressional investigation into the january 6th 2021 capital attack. a judge had allowed bannon to stay free for nearly two years while he appealed but ordered him to report to prison after an appeals court panel upheld his contempt of congress convictions and the u.s. is supreme court rejected his emergency appeal to stave off that sentence. breaking tonight, a florida judge has released the transcripts of a 2,006 grand jury investigation into the sex trafficking and rape allegations against wealthy and infamous financier jeffrey epstein who died in prison. a warning, these are explicit. correspondent steve harrigan is in atlanta tonight with that. good evening, steve. >> steve: good evening, bret. explicit, dark sort sordid. hard to read often 14-year-old girls telling the stories. these grand jury documents were secret for more than a decade. they have been released after a four year battle with the palm beach post. also florida governor ron desantis signing a law opening those documents saying he wants the public to know who was involved in the sex trafficking with jeffrey epstein. they give really an inside look. details from the girl's own points of view as to what happened to them when. this jeffrey epstein, of course is, a until narrow financier, friend of the rich and famous former president's, princes, tech moguls as well. here is one excerpt from a girl 14 years old at the time that she met epstein. she was recruited as they often were by other under aged girls. her testimony reads: and then she was like oh well, do you want to make like $200 and i was like yeah, sure. and then and she was like well, you're going to have to, like, meet my friend every. and he lives in a big humongous mansion and he lives on the water i was like that's really cool but she is like you have to give him a massage for 40 minutes and that's all you have to do. you get like $200 for it. i was like okay, whatever. it's just a massage. the story goes on to detail how epstein pressured him into giving much more than a massage. palm beach police had dozens of other stories from similar-aged girls and somehow reach epstein's high powered lawyers and the state prosecutor in palm beach for just one count of solicitation of prosecution. that gave epstein just 13 months in prison. a lot of it was work release. meaning he was able to still go to his mansion part of the day. he was also enabled for the next decade to abuse, traffic and rape more underaged girls. in 2019, arrested again in new york. dead in jail one month later from what they say was suicide by hanging. bret, back to you. >> bret: all right, steve harrigan live in atlanta. thanks. up next, french voters appear to be making a hard right turn. we will take you there and tell you what that may mean. first, beyond our borders tonight. hurricane berle begins pounding the southeast caribbean as a powerful category 4 storm. the national hurricane center calls it extremely dangerous and life-threatening situation hurricane warnings in effect for several islands and thousands of people are hunkering down in homes and shelters. former bolivian president eva morales political morales is calling for independent investigation. argentina's president calling last week's coo fraudulent. firefighters are racing to tackle wildfires that broke out on the eent islands. greece's prime minister is warning of a dangerous summer ahead. he says the public's help is essential in limiting the impact of wildfires in greece. this is a live look at japan. one of the big stories there tonight. japan's space agency confirms the successful launch of its new flagship h 3 rocket. officials say the rocket lifted off from a southwestern japanese islands and released its pay load as planned. the satellite is tasked primarily with earth observation and data collection for disaster response and map making. just some of the other stories beyond our borders tonight. we'll be right back. ♪ bi ♪e, ♪e, ♪ i'm inspire? inspire is a sleep apnea treatment cowboy wi ask your doctor about otezla. it's time. yes, the time has come for a fresh approach to dog food. everyday, more dog people are deciding it's time to quit the kibble and feed their dogs fresh food from the farmer's dog. made by vets and delivered right to your door precisely portioned for your dog's needs. it's an idea whose time has come. ♪ ♪ >> bret: france may be about to make a hard right turn. early results of legislative elections indicate the national rally party is taking the lead. there is another week of campaigning before the decisive voting sunday. senior foreign affairs correspondent greg palkot has details tonight from london. >> a political shocker in france. the right wing populist national rally party led by the outspoken marie le pen coming in first over legislative elections over the weekend 33% of the vote. the party's nationalist line hitting strongly on immigration, crime, the cost of living. globalism. resonating with a high turnout of french voters. compatriots. spoken and the french people have placed the national rally and its allies in the lead. >> coming in second with 28% a left wing group tax and spend approach that also had its appeal. the party of centrist president immanuel macron trailed in third with only 20% of the vote. he called the snap election are a the right did well in an eu poll last month. while macron has another three years in office. this political gamble might cost him control of the parliament. put the national rally in party for the first time. his prime minister sounded desperate. >> tonight's lesson is that for far right is on the doorstep of power. >> demonstrators took to the streets in paris overnight. concerned about what they say is the national rally's divisive and polarizing appeal. still with a range of longstanding issues facing, many there seem willing to take a risk on something new. run off elections are set for next sunday. >> we have another crisis, no government, no clear gain. this is what. >> so-called tactical voting. voting for anyone but could keep the national rally from gaining. that could lead to a stalemate. >> greg palkot in london. greg, thanks. the israeli army has ordered a max evacuation of minutians from 67 of unit. it's thought to be a sign troops are likely to launch a new ground assault in the gaza strip's second largest city. much of khan yunis was already destroyed in the long assault earlier this year. large numbers of palestinians have moved back in warning of a possible terror attack. we get specifics from national security correspondent jennifer griffin from the pentagon. >> isis, iranian proxies, oare russian agents. u.s. military officials say there was not a threat from a particular terror group that led to the top american general overseeing u.s. military bases in europe to raids the force protection condition to charlie. the highest level in 10 years. fearing a potential terror threat targeting u.s. military bases. the bases which provide support to nato remain on high alert as the alliance prepares next week to celebrate its 75th anniversary. >> u.s. european demand taking steps to increase vigilance service members and facilities. outs of abundance of caution. >> large crowds gather at packed stadiums for the euro cup and paris olympics begin on july 26th. more than 100,000 service members stationed across europe. the bases on alert include the u.s. european commands headquarters in germany. service members have been told to remain vigilant and report any suspicious activity. iran's supreme leader issued obtuse veiled threat. the u.s. has bases all over the world. in such a situation, any movement, any actions, and any revolution that only pays attention to its own internal environment, and neglects foreign developments will certainly suffer a blow. >> on june 3rd, a 26-year-old russian a ukrainian was as near charles de gaulle airport. involving the manufacture of explosives. french authorities say the perpetrator planning to bomb a hardware store. orchestrated by moscow. bret? >> bret: jennifer griffin at the pentagon. thanks. up next, what a supreme court ruling about homelessness means for america's cities. and then, the panel on the presidential immunity decision from the supreme court and the continued fallout from last week's debate. ♪ ♪ my moderate to severe plaque psoriasis held me back... now with skyrizi, i'm all in with clearer skin. ♪ things are getting clearer ♪ (♪) ♪ i feel free ♪ (♪) ♪ to bare my skin, yeah that's all me. ♪ ♪ nothing is everything ♪ (♪) with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. and most people were clearer even at 5 years. skyrizi is just 4 doses a year, after 2 starter doses. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine, or plan to. 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>> bret: william la jeunesse in l.a. william, thanks. up next, the panel on the supreme court presidential immunity ruling and the reaction to last week's debate. first, here's what some of our fox affiliate around the country are covering tonight. wfxt in boston as the trial of the woman accused of killing her police officer boyfriend ends in a mistrial. the jury in the karen read case said it was deeply divided. the defense contended read was framed. wsvn in miami as boeing announce as deal to purchase spirit arrow system for $4.7 billion. it claims as the plane manufacturer looks to address and resolve the safety concerns. acquisition include all boeing related as well as defense and after market services. and this is a live look at nashville. one of the big stories there tonight from fox 17, national hockey league free agency is underway. the top available player was steven sam coast of tampa bay. the team's all time leader in goals, points and games played has agreed to a new deal with the nashville predators. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ let's get it started ♪ let's get it started in here. ♪ let's get it started ♪ let's get it started i asked myself, why doesn't pilates exist in harlem? 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"the washington post" writing it this way: it's a win for trump. supreme court immunity ruling will delay trial. what's next in the supreme court sent the case back to trump's trial judge. u.s. district judge tanja chutkan to which acts alleged in the indictment official. which are not. creates prospect of minute i had trial over allegations trump's indictment. chutkan's decisions will be appealable. making it highly unlikely, if not impossible that the 45th president will go to trial before voters cast ballots in this year's presidential contests. with that we will start there with our expanded panel, "the washington post" columnist and american enterprise institute senior fellow marc thiessen. "u.s.a. today" white house correspondent jessica chambers. joshua kraushaar hour political analyst and harold ford jr. former tennessee congressman and co-host of "the five." hark mark, your reaction to this. >> president biden, i will be very interested to see what he says tonight. i remember what he said the night that donald trump was convicted and called his prosecution rigged. he said and i quote: it is reckless. it is dangerous, it is irresponsible for anyone to say this was rigged just because they don't like the outcome. we should never allow anyone to tear down our justice system. it's simple as that i'm sure president biden is going to say the exact same thing tonight when it comes to the supreme court decision. >> bret: fran chess carrasco it's interesting that they're choosing this speech. it is a cross hall inside the white house. president biden just landing at fort mcnair, making his way back to the white house for this speech at 7:45. just one of the dissents written justice sotomayor says about the case when he uses his official powers in any way under the majority's reasoning, he, the president, will now be insulated from criminal prosecution. orders the navy seals, seal team 6 to assistant political rival immune. organizes a military coup to hold on to power immune. takes a bribe in exchange for pardon immune, immune, immune. justice roberts, the chief justice said that was all overreaction. but, it's interesting this speech tonight in reaction to this decision. >> and we can draw some conclusions about what the president might say from what his campaign said on a call earlier today with reporters. they basically did not change the message that they have been pushing against the former president of the united states. indeed they doubled down on it. and said that the supreme court was now essentially giving him permission to run a campaign of political retribution. and they, again, said that he would be a threat to democracy. they accused him of trying to bring about a dictatorship. will president biden go that far from the white house tonight? i doubt that his campaign signaled that's at least the tone we can likely expect from him looking at marine one as the president is getting ready to exit camp david. your thoughts on this and what it means big picture it. does appear that it is a big victory for the 45th president. >> thanks for having me. as i listen to mark, i'm reminded that just a month ago. president trump was this convicted here in new york on 34 counts and a bunch of observers and pundits said that the system was rigid. and here we are tonight in some of those same voices are not saying that and i think mark's point i'm going to be listening closely. i think marc points out a consistent is i that we both would want president biden. two three days away from celebrating the 240th anniversary of our country striking independence from the king of england. can i understand why some are disappointed in the decision from the court this is time here to understand what is official and not official. i was not totally enterprised by the decision to be honest with you, bret. i understand the passion justice sotomayor can be rightly placed or misplaced. i think the flushing out here at the district court level of these facts and if you are interested amy coney barrett's decision concurring opinion. strikes some interesting points as well. but if i were the president i wouldn't give a about this. he has real other issues. i know we are going to address. this i wouldn't give a speech about this tonight. >> it is interesting, josh. the political moment to talk about something else other than thursday's debate is probably one that they're anxious to do. >> big picture, bret, this is has been the best political week for donald trump since he won the presidency since he won in 2016. he had a dominating performance because of biden's inseptember performance and bump in some of the public polls over the last few days. now we will see what joe biden has to say from the white house. every neement joe biden speaks is going to be one that all of the eyes are the of the country are going to be watching to see if he can really fight back and get his points across because he certainly didn't at the debate last week. and the stakes are very high. and i think look, i think for biden, there is so much concern in democratic circles. it's really damned if you do, damned if you don't moment for the democratic party. there is so much panic within democratic circles whether he can actually defeat donald trump. at the same time, democrats are worried and boy, lawmakers i have talked, to strategists i have talket the process, biden decides to step aside, it would cause even more panic, chaos and downside risk for the party. it's just a very, very moment in our politics. >> bret: it is a tenuous time for democrats. it's clear when you hear them talking about it, the hackover from the debate is still lingering, take a listen. >> >> the democrats accused us of lying. we have been displaying the reality about joe biden's cognitive decline and now the whole world can see it? >> we know in modern campaigns, singular moments do not spell the outcome of any race. whether it's a debate. whether it is a, you know, scandal. >> he had had to clear one bar. they set exceptions, really. first debates are so incredibly important. he won't have probably another audience like that. >> we have a country that is 72% wants something different. if the democratic party can't produce something different, 72% people want, then why do we exist? what are we here for? i mean, the country is clamoring for change what are we going to offer them? the same stuff? give the people what they want. >> bret: james carville as only carville can. zero interest in stepping aside. joe biden and key family members and friends agree according to people who talk regularly with them. biden's inner circle argues one night of scratch gentlemany voice and mangled answers doesn't all. they are unleashing the full power of the white house and top democrats to resist the calls for him to give up the race. marc, this is quite something, political calculations and the fallout from it. >> yeah. no, it is very much so one of the reasons if he can't resign. so mentally incan capacitated to be president how can he be president for the next seven months. this is constitutional crisis not since woodrow wilson had a stroke and edith wilson running the country has a president been this mentally incapacitated. the american poem don't like being lied. to say the big lie for the last several years in the white house is oh no those are all cheap fake videos. they are exaggerating. these are taken out of context. behind the scenes joe biden is super sharp. is he on top of his game. is he a master strategist. and then the american people get to see him for 90 minutes and they say this and they believe just like the afghan withdrawal was a huge success. all the other lies they were told they were lied to by this president and they don't like being lied to. >> bret: harold, axios piece goes on to say from aides anonymous quoted in the piece that he is on his game cognitively, mentally from 10:00 a.m. to 4:00 p.m., outside of that time not so much. now they are coming up with a plan how to deal with that and burn saying is he going to stay on track in the nomination. >> irwish i could show up to work 10:00 a.m. to 4:00 p.m. i will tell you, i don't know how they thought that was going to swage retire some of the concerns. but, look, i hear marc's point. one of the things that we have to understand. one of the reasons that so many people are clamoring maybe for a different candidate. this race has real stakes, women. consumers, african-americans, nato. what does america look like going forward? and i have combined some foreign policy and domestic policy issues. president trump the other night, he wasn't great, he just had an opponent who was awful. and i think a lot of democrats believe that if you put another democrat as the nominee and i think -- i have great confidence joe biden can serving out the remainder of the term. the question is because his cognitive decline over the last two years so evident in the minds of the people and obviously thursday proved a lot of that going forward, next six months i have confidence in him. i think some people don't have confidence that he can beat -- i'm sorry, joe biden can beat donald trump and serve out four more years. the issues are too big for us not to be serious and thoughtful and be willing to make a change if we must. >> bret: yeah, fran chess carrasco the suffolk poll, "u.s.a. today" poll had trump winning 50% saying he won. and biden was at 11%. should biden be replaced overall at 54% yes. and amongst democrats it was 41% in that poll. >> just 51% of democrats wanted him to remainen the ticket. so, the biden campaign can continue to say that this is something that is being spun by the media and by pundits, but there you have it, bret, from voters right there. and i will note that the democrats that i have spoken to said that they were actually shocked by what happened in the debate. and that if they had known that that was going to happen by the way. they would have encouraged him not to go out there. >> bret: 10 seconds, josh. is joe biden the nominee? >> he will be the alternatives are just too chaotic for democrats to consider. is he going to be a very wounded nominee into the general election. >> bret: we shall see. panel, thanks so much. ♪ ♪ >> bret: finally tonight a special day. one of "special report's" producers elizabeth celebrated her wedding over the weekend. elizabeth and her husband neil tied the knot saturday saint katherine's church. reception golf club. congratulations. everyone at "special report" wish them long, happy, healthy marriage. look forward it you coming back. white house press secretary karine jean-pierre takes reporters wants questions on camera briefing for the first time since the president's debate performance last week. again you will see that speech tonight on fox. remember, if you can't catch us live, set your dvr 6:00 p.m. in the 3:00 p.m. in on the west coast. thanks for inviting us neuro i don't home tonight and every night. that's it for this "special report," fair balanced and still unafraid. "the ingraham angle" with guest anchor jason chaffetz starts in a couple of seconds. i will stick around for the speech as well. see you in a bit. ♪ ♪ >> jason: i'm jason chaffetz in for laura ingraham and this is a special editio

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