fox news alert. welcome to a special edition of jesse>> fox waters. >> primetime. i'm kayleigh mcenany. and for jesse, the supreme court issuing a historic ruling today, finding s that former president trump cannot pr prosecuted for official actions taken as president, but he can for private acts. efs chief justice john roberts writing for the majority, quote, the presidentti enjoys no immunity for his unofficial acts and not everything the presiden it does is officiat >> in a six three ruling, the court determined that somea3 of trump's acts alleged in the ongoing 2020 election subversion of tru case were, in fact official acts. but others were remanded to the lower court for further fact finding, but without wasting any time som . >> guess what? president biden is using the decision to reinvigorate, his party's attacks on the highest court. just moments agocision t, he sa. >> this nation was a foundedd ts on the principle that there a are no kings in america. each eacreoh of us is equal befe the law. >> no one no one is above the law, not even the president of united states. today's supreme court decision on presidential immunity that fundamentally resident changed for all for all practical purposes. today's decision almost certainly means that there kayleis on whatanlimit the president can do. this is a fundamentall y a new principle, and it's a dangerous preceden te th because the power of the office will no longer be constrained by the lawr of, even including the supreme court of the united state the laws. only limits will bed th self-imposed by the president alon e. oday >> this decision today has continued the court's attack in recent years on a wide range of long established legal principles in our nation from gutting voting rights and civilt rights to taking away women's rie. to choos >> to today's decision that undermines the rule of law of this nation. >> but that's not true. this is what chief justice john roberts wrote in his opinion, quote, the president is not abovef juse the law. that's the exact opposite of what president biden just told d that us. but it doesn't end there. the entire leadership wing itof the democratic party went into attack mode. chuck schumer labeled the supreme court the maga scotus. >> he's the majority leader in the senate and then house minority leader hakeem jeffries. he said, quote, that the extreme far right justices must be brought into compliance . what does that even mean? and then former house speaker nanc aty pelosi said the supreme court just placed itself tr trial with this decision. >> whoa. and then you hav te the formerhi democratic nominee for president. you named it hillary clinton steppingdemocr n out of the sha to cast doubt on, quote, the maga wing of the supreme court. i thought these were the folks who wanted to defend democracy. theit sounds more like the supreme court. undsone third of the federale tr government. >> and right on cue, the media dis throwing away any semblancew of impartiality by whipping up paniayany sembc. >> what you have here is the supreme court imposing its judgment that that principle that we must have bold and decisive presidents is more important than the principle that we should have presidents who obey the law. >>ciple we shoul they have to. trump's supreme court has decreed him a king. >> they're supposed to be wearing these kind of black and white umpire jerseys or whatever. they look like they're wearing red jerseys or even magaeys loo it's almost like a license to in a way. liked mo l you can do whatever u want. and supreme court is going to let you get awan doy with it >> that is very frightening. meanwhile, democrat appointed justicesitha wrote their dissens with the gusto of teen vogue columnist. justice sonia sotomayor writing in part, quote, today's s decision to grant former presidents criminal immunity unit the institution of the presidency and makes a mockery of the principle foundational to our constitution and system of government that n tprino man is above the law with fearab for our democracy. fo >> i dissent. i would be fearful of all the people questioning the supremr e court, but here we are. justice sotomayor also alluding to absurd hypotheticals about navy seal assassinationsy and military coups, giving the green light to the left to breathinationsoups give life ine dangerous, what if scenarios. >> presumably, if he were to use seal team six to try to assassinate one of his political opponents so longe as he did it through the auspices of the presidency, let's santg asy use the nsa to , let me investigate the bidens t nati national security threat and then we need to go ahead and assassinate them whene they take a foreign trip. we'll just go ahead and use drones to assassinate them. let's sa dtoy, in a foreign country, and we'll use seal team six to go in and get them like they gox to t bin laden. as long as you use it, do it through the officialses of t apparatuses of the presidency. >> he can do it. i mean, what did i just watch? the democrat online influencers, they didn't want to miss out. they wert'e on the sames disturbing pages. >> joy read with dozens out an areof accounts musing abh profile assassinations, with some calling for president biden to, quote, take action against donald bid trump. truly despicable behavior from the left, the biden-harris campaign held an emergencyen press call in response to the ruling where their surrogatesenw attacked the rule of law, claiming that trump thinks he's above the lawhe f la and is willing to do anything to gain and hold on to power for himselanythingtof. the campaign doing everything they can to plant the seeds everythi pof fear in the minds e american people and case just in case biden loses in november to use legal terms and stay in the supreme gauntlet that i'm scared. e an and i think americans are scared and should be scared of what donald trump will dod tr because he has been telling us for months until i can reassureums you that when you e see president biden out on the trail, he wil prel, talk be talking about the reasons why americans should be scared of donald trump as he hat ths bn for months. and this supreme court opinion today just amplifiedp sup that. democrats have contorted our legal system into a process where they either win in the courtroom or manipulate the losses in two massivertroom disinformation campaigns in the hopes of ramping up voterurnout turnout. >> our venerable american institutions pay the price. >> speaker of the house miken johnson joins me now. speaker johnson, it's really jo you.ure to have you just heard from president biden and he said the american people dissent. i dissent. what sayan you, kaylee?e. what we're seeing tonight de despicable all and it is dangerous. the president has been trying to underminespicable a our lega. first, they weaponized the department of justice to go afteunderminr his chiefhi political opponent, which of course, is donald trump. and nofw when it doesn't worky l the way they planned it, the way they designed it, whenor the law gets in the way of what they're trying to do now, g to undermine the supreme court itself. it truly t is an unprecedented moment in american history, hid it set a dangerous time. you know, president biden showed the country that he presis unfit to continue to serf in office. he does not have the capacity and the mental acuithey to do it and he's so desperate now that everybody has seen that thaot he's willing to turn on the system of justice itself. it's really a remarkable evening that everything that we're watching is remarkable. >> you know, speakerrkable john, your democratic counterpart, hakeem jeffries, had a really curious quote. he talked about the extremeriou far right justices being broughqutalkint into comp. what does that mean? >> i have no idea. i have look, there's all sorts of hyperbole tonight and just this fantasticd all these hypotheticals they've made up. future president s are going to turn into assassins and all the rest. it's madness. listen pr will tu, remember this? the president and the vice president are the only two offices in our constitutional system that are elected by all the people. no one who is is elected to that office is goinang to be prone to this kind of crazy criminal activity. >> what the courwill bt is sayit here follows common sense. and of course, our constitutioin as well. you have to have the president with the ability to make difficulwellyou havevet decisio, daily and not be worriedhour about rogue prosecutorly a ordes going after them at some point in the future. i mean, the president can't operate if he hasident that kind of sort of damocles hanging over his head. and that'sca the very simply whe court ruled the day. it shoulsimplyd have been 9 to . it was only 6 to 3. and the liberal justicesonly are playing along with this charade. i really do think it's a scaryls thing for them to undermine the court itself. >> speaker johnson, in the wakae of the debate performance from president biden thursday, you made these comments on the hill. >> let's listen. there's a lot of people asking>t about the 25th, invoking the 25th amendment right now because this is an askin alarming situation. as i mentioned, our adversaries see the weakness in this alarmie house, as we all do. but, you know, unfortunately, it's not the house that gets to determine that. it's the cabinet under the constitution. of course, it's the cabinehatma that makes that decision. i would i would ask the cabinet members to searcthn ani woulh tl . we hope that they will do their duty as we all seek to do our dutyy asek t to do best by p american people. >> these are fateful moments. speakeler johnson. most of us haven't sat across from joe biden. you have sat across frome u ha the president. i'm curious if you've seen anything that's concerning. likeve i'm i what america saw on the debate stage. >> i have. i hav i have. and i've tried to be judicious about this. i have notd have gone and done s conferences about private venversations because, frankly, kelly, it's been very alarming to me. now, some of these exchangesry have been reported because other persons knew about our conversations , but i've been concerned about what our adversaries see. wes knew need to make certain t one thing is clear. china, russia, iran, north kore ta, that they understand that the us military is ready to act at any time. and regardless of the turmoil with regard to the president, america is strong. we will defend our interest and you need notsidenta seconde that. but in the meantime, the reason we're talking about thss thae 2e amendment is because of the fourth clause of the 25the amendment has never been used. it it is when the vicee ha president and a majority of the cabinet members agree that the president is unfit and unablet is and incapable of continuing his dutiesnfit. i think that's what we're watching here. unless the president is reading wh. a teleprompter that' i don't think he's capable of making these big decisions and that is something that should alarm all of us and it's something that we need to be talking about. the ould alai think people are privy murmuring about this, but i think desperate times call for desperate measures. >> and we may well be at that momen mt. >> final question. tha i just have a few moments. ehe house judiciary committet mo has sued in the district court today to get the robert herr tape, of course, special counsel robert hur called biden a well-meaning elderly man notin fit to stand trial. >> do you think you get that tape? we need that tape desperately. that audio tape will confirmpery what all of us know. the reason they have been hiding it without any valid legal reason is because they didn't want us to see notte all saw on display las thursday night at that debate. the cat is out of the bag now. we neealdisplaht thad that. the house needs it to continue our investigation, which is our constitutional responsibility.ion we're reviewing the decision of the special counsel, robert hurwhictional r, who deca to charge president biden on the classified documents caserge pres because he was unfe incapable of standing for trial asbecause he's a feeble old manm i mean, effectively, that's what what he said. we need to makan e sure the audiodiotap tape matches the transcript that they gave us. they're very important responsibilitys th we have.willn we're not going to let up. and we went to court to forcep o that subpoena and make the the attorney general do his job. >> speaker of the house mike . hnson, always a pleasurel do >> thank you. thanks, gail. well, democrat appointed justices are using today's ruling to open the floodgates on dangerous hypotheticals about retaliating against political opponents. justice sonia sotomayor writing in her dissent, quote, whensotoa a president uses his official power in any way under yot usthe majority's reasoning, he now will be insulated from criminal prosecutionjority's orn >> the navy seal team six toav assassinate a political rivateat immune organizes a military coup to hold on to power. immune takes a bribe in exchange for a pardon. immune and. immune. immune. immune. hmm. but it wasn't just sotomayor who opened the discussion to reprehensible acts of violence and dissent. ketanji brown. jackson ponderedd in about presidents killing members of their own cabinet ifn they wanted. musing, quote while the president may have the etf authority to decide to remoe the attorney general, for example, the question here is whether the president has the option to removether the attorney general. listen to this by, say, rem to death.t that's what a supreme court justice wrote.ote an as liberal justices continue to sound more like left-wing activists. how will their rhetoric affect the country's highest court? joininowg me now, judicial cris network president and former clerk to justice clarencmee thomas, carrie severino. >> carrie, where did the majority say you can poison the ag or assassinate someone? >>ison you know, i was reading r pretty quickly, but i think i must have missed that. >> part of the reason qui mu. rityeaetty >> what's really strikingt is even on the charges already brought, which obviouslywh strin have nothing to do with poisoning your cabinet or assassinating people, even on those, the court really only said one of them was clearly covered by immunity, even one speaking, speaking and encouraging. even spe noton pence to certify the election. even that the court didn't say was absolutely out of the realm of of of possibility that it wasn't covered by immunity. they said it's presumptively immune, but that there'sd it actually further litigation that should happen at the lower court to clarify whether it is or not. so the idena that such outrageous hypotheticals would somehow be covered by block immunity is absolutely ludicrous. >> you know, do you still have, carrie, a very aggressive special counsel that would lllikely want to see prosecution at any cost? you have a judge who imposedos this huge broad gag orderd on donald trump. >> so you have actors that might want to see this case move forward expeditiouslsu .slat what do you think happens to the jack smith case in d.c. k ? oh, they'd like it. they'd like to see it move expeditiously. >> they likef they can get it going as fast as they want to. i don't know how they would be able to get it completeink td before the election. >> i think that's the most important thing. these questions are too g serious. they're going to go all the way back and have to work their way back up. maybo alle to the supreme courtt because they are all novel questions of how to apply presidential immunity in each of these counts. carrie severino, thankw to you. u.s. military bases are onig high alert and biden's only working part time. stay tuned . >> have you ever wondered how to find personal happiness ? hi, impostor glory. let me tell you a secret about finding happiness. the least happy people are the people that live to be happy. but here's the secret. the bible says happy are the people whose god is the lord. you will never find happiness from seeking it. but if you come into a relationship with god through, you'll find the happiness you've been looking for and like he's just a prayer away. there's a number on the screen. you can call that number. and i want to send you a free bible and tell you how to be a happy person and come into a relationship with god. so you have purpose in this life and the life to come. you have the hope of having. >> he was only 47. aneurism did he have life insurance? do you know? >> you got to get on it. check out selectquote. trust me, the peace of mind. >> it's worth it. life insurance is to important to put off another day. that's why selectquote makes getting coverage you need easy. for less than a dollar a day. now get up to a $2 million policy with no medical exam and same day coverage.king >> visits like whatcom. t we shop, you savo e if you're a grandparent. you know what i'm talking about. about. when your little grandchil starts talking to you. something i couldn't hear for a long time. he it's funny how something like just a hearingr loss can have s effect on a relationship. y would ask her something and she would just walk right past them. just walk right past them. >> i just could no callt herel these are real people who are now living life to the fullest. racle- thanks to miracle ear. call our toll free number to schedule a freeea hearing evaluation and start your risk evaluation and start your risk free trial at your neighborhoo miracle ear. >> when someone new comes in,ri to what's important to them. then i run a comprehensive then i run a comprehensive hearing test to find out they even have hearing loss. if they do a custom fit, sry hap their lifestyle and their budget. budget. >> with miracle ear,py about service, their personable, their friendly. hear e i'm very happy with them. when i finally had a miracleveml to first ime, i started crying g. >> i could hear everything. i went to miracle ear oucaer tot to miracle here. >> but i told you to go to miracle ear. there's no call our toll free a number today to start your risk free trialus. latest your neighborhood miracle ear. i was hesitant to get because ofone wi my short hair, but nobody even sees them. featurinllg latest technology, our hearing aids are nearly invisible, so no one willay notice. and they're so comfortable he might forget you're wearing he might forget you're wearing now i can hear my grandsonk-fret again. we als call our toll free number today to start your risk free trial at your neighborhoodo e of che e ear store. your risk free trial is only the beginning. a lifetime of checkups, cleanings and adjustments. free have ov1500 loc it's wn free have ov1500 loc it's wn trusted for over 75 years,nce. and we have over 1500 locations nationwide. i see someone new, someone happy. it's really made a difference. >> call 1-800- 9773322. to schedule a free hearing evaluation and start your risk free trial at miracle ear today. >> emily harris and bailey are taking on the hot topics 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. soft. just write on the night visit. >> try chic scan and get 25% off. >> we're now in the eye of the political storm. one debate down, one to go. if everyone shows up rnc and dnc around the corner and trump's v.p. pick, that could happen any day. this is when voters reallypp start to pay attentionen. >> from now until novem