and this is america's late news fox news at night and breaking tonight, president biden and a teleprompter and a two and a half men's speech appeared to go off without a hitch as their lashing out at the supreme court decision my geico occur with justice sotomayor's dissent as the president is now a king above law and fear for our democracy, i dissent and of quote and so should the american people dissent. thank you. >> trace: as expected, no questions as it's the country deeply concerned and nudity and engaging in sexual acts during a pride parade apparently legal now in california but then again who is surprised. we begin a pressure mounting on president biden to lead the race after his debate performance and more on that 10:00. >> president biden came out swinging against the supreme court ruling that grants former president trump and all presidents immunity from prosecution for official acts while in office. >> aiko kerr -- i concur with justice sotomayor's dissent "president is now a king above law with fear for our democracy, i dissent." >> just days after a disastrous debate tonight the president addressed the nation looking better with a noticeable pan with no long facial pauses and spoke much better using a teleprompter. stepping aside with the hydrogen bomb performance and camp david with the first lady and hunter biden who reportedly encouraging the president to stay in the race. asked seo's reporting insider details how meticulously they limit the president's exposure to journalists in situations where he might slip up writing that biden only dependable from 10:00 am until 4:00 pm after which he gets tired and screws up and the commander-in-chief also considered more liable while travelling abroad and personally saw the president trip on stage at the air force academy graduation at colorado springs and stumbled over an item that could happen to anybody but there was fear the president was feeble and that was a year ago fast-forward and it feels like it's getting worse. >> trace: thank you matt. [ ♪♪ ] the fox news at night commonsense department having trouble getting past the reporting that says "from 10:00 am until 4:00 pm, president biden is dependably engaged. if the math is correct say biden president ting his best for six hours so what's the policy if something happens outside of office ours or as the white house mandating the crisis, wars in chinese spy balloons only break out and fly during the day shift because the night shift no longer staffed in the early morning and evening shifts are also no longer staffed. commonsense wonders if the dictators and terrorists give a heads up to the new hours because russia invaded ukraine at 9:00 pm eastern time and hamas attacked israel at 11:30 pm eastern time those are both hours the axial success president biden more likely to become more fatigued which is a diplomatic way of saying he's asleep. if joe biden is reelected, how long before the open for business sign gets flipped on at 11:00 am and 3:00 pm? when he turns 86 in the oval office, are his dependably engaged hours suddenly noon until 2:00 pm? the border, inflation, foreign policy all look like the results of a six-hour gig. let's bring in political analysts and princeton university political scientist and thank you both for coming on kind no you're a democrat for six hours a day is concerning even for democrats because the job demands more than six hours. >> actually i am independent i do lean left but i said years ago president biden should have dropped out of this race and has said over and over they did not open the primary to allow others to run so they created this problem unfortunately saying they did not want this rematch so it is just simply too late as within 30 days the convention is happening and those delegates have been given to joe biden so people will have to decide what do they want president biden from 10:00 pm -- 10 to four so it's going to come down. >> trace: national review had a clever headline say please make your three m for -- phone call and goes on to state still call her quarter biden's aides telling us this and not the description someone fit for the presidency and we can talk about clever lines but is so scary for the president of the united states to be engaged reportedly for six hours a day. >> it's very scary and tells you these people talking to the press as biden historically had a weak west wing their fiercely protective of him but even people around him saying there is a problem here and talking to reporters about it because it's so obviously a problem and such an insult to americans who saw unheard what they did on thursday and the problem is he over prepared and we was coached badly and it's not even a joke and something very sinister going on and americans are not being allowed the choice they deserve. >> trace: we are being ghastly again. four in 10 want biden to exit the race and james carville is among them. >> we have a country 72 percent want something different and if the democratic party can't produce something different than what are we here for? the country is clamouring for change. what will we offer them, the same stuff? give the people what they want. >> trace: tesla. >> james has some damn nerve because two years ago when people are saying joe biden should step aside, knew it all and apparently knew nothing said joe biden the one to have and i find it amazing that in the 12 hours they are pretending as if it is possible to coalesce for the superdelegates to decide completely disregard and they know it will be -- will be a disaster. who the hell is going to run? democrats failed to be prepared and for all their money on joe biden and did not allow other candidates a step forward and they know governor newsom can't win in a general election and they know westmore can't when sofer james carville to come in the 12 hour, i find it disturbing and frustrating because their gas lighting the people. >> trace: nancy pelosi says trump is the one with dementia. >> while the press their healthcare professionals who think trump has dementia that his thoughts do not go together not only that he just lies. >> trace: you can see them try to change the narrative again. >> you know you are in trouble when you cannot defend the behaviour or make excuses for it and say look at the other guy and we lies to you too and we mixes upwards. is just so obviously a weak position and i will just finish it with this. nothing less democratic than forcing a candidate on americans that they know is not up to the job and they can see is not okay and the central plague of candidates campaign is that trump is a liar but what bigger lie is there that the president is completely fine and sharper than he has ever been and don't believe our own eyes. >> trace: have been lied to for quite some time now. thank you both. >> so now the american people have to do with the course should have been willing to do but would not we have to render a judgement about donald trump's behaviour and the american people must decide whether donald trump's assault on our democracy on january 6 makes them unfit for public office in the highest office. >> trace: president biden addressing the landmark ruling for the supreme court giving donald trump immunity for the prosecution for official acts of the presidency and immediate practical effect of the decision any further prosecution is likely to be delayed until after the november election. let's bring in criminal defence attorney and criminal litigator and great to have you on the show. chuck schumer said on the show, disgraceful decision comprised of three justices appointed by trump enables the former president to weaken democracy and undermine scotus credibility and suggests political influence trumps all inner courts today saying the president has no limits is wrong in the south the court said. >> nodded all but the court said the president not only now and in the future as our country has a separation of powers with the executive and judicial branch and legislative branch and they cannot govern each other because one becomes more powerful and if you listen to the oral arguments before the supreme court months earlier on before this decision came down earlier today, questions asked were very pointed and very deliberate and how can we trust the department of justice not to charge a political opponent or adversary? this question came from liberals and conservative appointees on the bench and that really is the foundational concern of how can we allow a president to act like a president without fear of prosecution win tough decisions have to be made. >> trace: we will hear more about that in a moment but here's some typical media reaction. >> there supposed to be wearing black and white empire but they look like they're wearing red jerseys or even trapped six hats -- maga hats. >> trace: amazing the same people attacking trump attacking the supreme court saying it's open season on the justices. >> here's the test before we should all do before we common on this and read the opinion and want to be hard-pressed to disagree anything the justices said on either end as both interpretations reasonable and the majority conservative majority say must protect the president and frankly the people who are critical about this decision what only wearing the lens of today's day and age should be very thankful when they look at what may happen in the future. >> trace: expounding on what we were just talking about, principle is that a prosecutor in congress cannot investigate a motive in making a decision by the president as such an investigation and norma's disruptive intrusion into presidential decision-making and that's exactly what we're talking about. >> trace: when prosecutors have a task to find out if there is mens rea or criminal corrupt intent in the mind that that's a dangerous slippery slope that can never be recuperated from and what the supreme court says is to look at the actions of our they presidential by the duties given to a president or not and then make your decision on. >> trace: you have people calling for six more justices and refer to before. it's great to have you. >> trace: the fallout from joe biden's disastrous debate performance continues with the president family reportedly urging him to stay the course and in typical biden fashion blaming the people that prepped him for the debate. ashley is life. >> reporter: appears president biden supporters want to blame anything and everyone but president biden for his poor debate performance. >> calling this a classic example of preparation overload and i just think much less preparation for this debate. >> i'd rather have joe biden with the bad colds for 90 minutes then donald trump for america to lie. >> trace: former msnbc host directing his irs cnn for hosting the debate in the first place. >> literally i am suggesting at some point tonight cnn should go off the air in shame and fire everybody and to seal off the buildings make sure everyone is out and burn the god [ bleep ] plays down. >> trace: biden family blaming the biden staff and the family questioned how he was prepared and wondered if they could have done something better in biden's first press secretary and now msnbc's -- msnbc host came to defence, writing the notion the process and by people like ron mclean who have successfully prepped any candidates it's observed in was a bad debate and went on to say if some people are blaming prep they're not talking about the right thing. >> trace: thank you ashley. let's bring it former gop candidate along with news busters managing editor. thank you both for coming on. i was watching jake tapper saying you have this whole list of democrats trying to come out saying you didn't see what you saw and it's not really bad and it starts and a switching of the narrative to gaslight us. >> sure, they started the week before that don't believe your eyes and you're not seeing what you're seeing and now they realize that their allies can no longer be held up and they can continue lying to the american people as we saw him and we don't know if that was at his worse and that's the scary part and they come out in the stories that is good for six hours a day and now we'll have them talk at 7:45 pm and show you two and a half men it's where he can be really strong and the american people have seen the truth. >> trace: they really have. you read a teleprompter and i'm doing it really well but it's easy and when you have to process information and regurgitate where it gets difficult. and he talked about biden blaming his debate prep team saying "the notion to issue of the debate was the prep process done by people like ron mclean and anita done successfully prepped many candidates including obama, clinton and biden is absurd. the same president who blamed all his generals for afghanistan now blaming the debate people. >> this one is a real head scratcher and reminds me a lot of the liberal narrative we hear all the time it's because they fail because they care too much and our ideas are great and the people don't know what we're doing and and it completely falls on deaf ears they move on to this other insane narrative. agendas doing complete damage control and she's probably thinking her lucky stars because she's not at the white house podium and you hear the biden white house, at least someone's on our side because the rest of the media don't seem to be getting in line. if you're someone in the press office, thought i had the easiest job in politics and i guess not anymore because your bosses joe marden. >> trace: he said the following and watch this. >> the whole rationale for biden running has always been i'm the only guy that can beat him and now i think it's inverted i think it's the only guy that could loose to him so shouldn't they replace him? >> what has to happen but probably won't. >> trace: the whole concept is that biden is staying in the question is why. >> we know why he is staying because he is an egotistical maniac that can't possibly comprehend the idea of leaving however, the vultures are circling and you hear that conversation and you know about gavin newsom and you have the story that broke that gretchen whitmer was calling people that night saying we've lost michigan. she doesn't know the national scene that that was a faux pas and as soon as she gets her hand slapped and this is not how you work the presidential race lady. the democrats in total meltdown mode and it's kind of beautiful because they brought this on themselves and they knew exactly who joe biden was in jonah who say is that all the staff knew. people did not find out for the first time thursday night, some voters found out for the first time but everyone around him how bad this was. >> trace: 30 seconds left but say the vultures are out and i want to know how long before the media coalesces around biden and starts gas lighting us? >> we're definitely starting to see that as abc and nbc you have trained operators like george anchoring the morning show with seasoned veterans of the obama campaign's and the clinching campaigns and and they all got in line shamed into doing this try to memory hold a tough couple days because they were caught flat-footed and now they have their talking points in order and give it another week will see the media just say its time to move on. >> trace: it was red-handed pats down they got busted and thank you both. >> trace: and american military bases on high alert incredible intel pointing to the possibility of a terrorist attack and later in 'the nightcap', chuck todd questioning if democrats standing behind biden are putting party over country. >> the real issue is he telling the truth about whether he can serve a full four years? there's a lot of challenges in the world's and we want a president do we want one that could be incapacitated? what's in the best interests of the country and not the party. >> trace: what you think? democrats prioritizing party over country admit his apparent mental decline? which ever vote for the opposite party if you thought their candidate was the best for the country? why or why not. we will read your responses in 'the nightcap' but in the meantime it's 821 on the west coast the night trip across america and alive look at navajo dam and new mexico, largest dam in the state and long to ohio nicknamed as champion city and finally westchester, pennsylvania and the philadelphia eagles training camp from 1980 and if you can't join us live, don't forget to set your dvr and watch us (♪) any time 'ree are coming right back. book your move today at pods.com here's why you should switch fo to duckduckgo on all your devie duckduckgo comes with a built-n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. >> trace: breaking news covering all day as he was military bases on high alert and here's the chief national security correspondent jennifer griffin. >> reporter: isis properties or russian agents as u.s. military officials say not a threat from a particular terror group the left of of the top american general overseeing u.s. military bases in europe to raise the protection to charlie, highest level in 10 years fearing a potential terror threat targeting u.s. military bases in the bases provide support to nato remain on high alert as the alliance prepares next week to celebrate its 75th anniversary. >> u.s. european command increasing diligence. >> out of an abundance of caution. >> reporter: loud -- large crowds gather and the paris olympic start soon and more than 100,000 service members stationed across europe and bases on alert including during the u.s. command headquarters in germany and service members told to be vigilant and report any suspicious activity. around supreme leader issued an obtuse veiled threat with bases all over the world any movement and any action and revolution that only pays attention to its own internal environment and collects foreign development will certainly force a blow. or russian ukrainian arrested near charles de gaulle airport outside of paris following an accident involving the manufacture of explosives and suggest the perpetrator planning to bomb a hardware store north of paris part of a sabotage campaign orchestrated by moscow. >> trace: thank you jennifer. let's bring in the foreign desk editor chief and good to have you as they write, u.s. military bases on high alert and goes on the alert is the second-highest state of alarm issued by the u.s. army and an american official said they had not with -- witness that level in a decade and, of course, jennifer confirmed that and it is significant. >> quite and preparing -- they are preparing it -- comparing it to before 911 and are we paying attention to the alarms? we don't know who it is so it's almost an environment ripe for that and that's showing one thing that its u.s. vulnerability and the posturing of the white house that has led to our enemies are rogue elements across-the-board to feel as though they could have a shot at it. >> trace: i wonder what you think about ron's threat that you think they could get hit and i don't know if it's unusual but it seems very bold for them to make statements like that. >> it is bold but they have become emboldened but right now is much as the white house would like to distance ourselves from the war in the middle east, of raw and regime does not see any daylight between israel and the united states which is why we are being shot at by the who these and american hostages held by hamas and