thank you so much for letting us into your homes during these truly extraordinary times. we are grateful. "the beat" with katie phang in for ari starts right now. hi, katie. >> thanks, nicole. i think extraordinary is an understatement these days, but thank you, i appreciate it. >> have a good show. >> thanks. and welcome to "the beat," i'm katie phang in for ari melber. the supreme court today handing down a win for donald trump in his federal insurrection case. a consequential decision that will affect presidential power for years to come, ruling that trump has immunity for some of his official conduct as president but not for private, unofficial acts. here's how that played out. >> the high court has just issued one of its most consequential rulings in decades. >> the president has absolute immunity for core constitutional powers, however, not for unofficial acts. >> five alarm fire. >> supreme court has decreed him a king. >> how the justices rule could well define the parameters of power of the american presidency. >> there's really nobody that could claim that our founders wanted a president to have this kind of power. >> so the justices split along party lines. chief justice john roberts writing the majority opinion ruling that a president is, quote, absolutely immune from criminal prosecution for conduct within his exclusive sphere of constitutional authority. but noting, quote, the president is not above the law, but the president may not be prosecuted for exercising his core constitutional powers. so technically, jack smith's case against trump can proceed, but it will be significantly altered, and it is now up to another judge to make the initial determination but not the final decision for what exactly the conduct trump can be prosecuted for. the three liberal justices dissenting. sonia sotomayor slamming the opinion saying it, quote, makes a mockery of the pins million that no man is above the law, closing with these chilling words, with fear for our democracy, i dissent. this ruling affecting not only trump but future presidents, calling into doubt our legal guard rheas and giving unprecedented power to the highest office in the country. joining me now is neal katyal and melissa murray. my thanks to both of you for joining me this evening. neal, i'd like to start with you and get your top lines. i know you were on air when this decision came out earlier this morning, and i want to get your thoughts now that you've had more time to digest it. >> no, i think, katie, the guardrails are off. our constitutional guardrails now are almost nonexistent when it comes to a big zone of presidential conduct. so it's a big win for donald trump. it was a big win even before the decision was released because the court delayed it for months and months so that trump couldn't be tried before the november election no matter what they said today, but what they said today is a real change of in the law, a change of the rules. you know, the traditional posture of the united states, what we fought a revolution on, is no person is above the law. that is now not true. to be sure, they have this, like, exception for up on official acts, but it looks like an itty-bitty exception. and we know that because the supreme court in the majority opinion today went so far as to say that the accusations against donald trump for pressuring the justice department to insinuate that the november 2020 election was false and to, you know, call into question that 2020 election, that was an official act. if that's an official act, boy, presidents are going to have a lot of latitude as to what an official act is. this is not the constitution as you and i have ever known it. >> you know, melissa, this idea that there's official acts and unofficial acts, that's nothing new, per se, in the civil context. we saw that in the decision that came out. but i wanted to ask you, because the core constitutional powers of the president having authority, that's nothing new, and unofficial acts having no authority, that's nothing new, but do you agree that the constitutional guardrails are off and now we have a more expansive reading of presumptive immunity for the president of the united states. >> i agree entirely with what neal said. and you know, i'd put a fiber point on it. we had already said this court through its delay had effectively given donald trump immunity in the january 6th case. i think what this decision does is immunize donald trump from anything he might -- were he to be elected in november of 2024. my dog is very exercised about all of this. >> angry. mm-hmm. >> the question of what happens in that outer perimeter, that's a really big question. that's a wide swath of activity. the court speaks of things that are procollusive and conclusive from the constitution. those seem settled. and then, of course, there is the question of the private acts. those are off the table. but there's a wide range of conduct in the middle that there is a presumption of immunity for. and the government has to rebut that presumption, which is a very high bar to clear. more importantly, any acts that are precluded from -- that are immunized can't be used as evidence to establish the fact or intent or knowledge of acts that are subject to prosecution. so that begin also gives anyone in this presidential posture the opportunity to do a wide range of conduct and even the stuff that can be prosecuted will be harder to establish. >> so we're going to get to that evidentiary issue in a minute, but we have breaking news tonight. the white house announcing just now that president biden will comment on the supreme court rowling later tonight. those comments are expected to occur at 7:45 p.m. eastern, just wanted to let everybody know. neal, i'm going to go back to you, what do you expect to hear from president biden in his remarks later? >> so first of all, i just want to say, melissa, i agree with everything me sis la said, and she's far more eloquent than i am, even with a barking dog in the background. with respect to what the president might say, i think it's very tough. this is a pending criminal case, so he can't say a lot without opening up certain accusations about pre-trial publicity and the like, so i expect it to be focused just on this one constitutional principle about people being above the law or not and not to get into more than that because i think it's very difficult for a sitting president to do that, at least someone who cares about the rule of law. i mean, and biden, you know, i think has been cautious in the past. but what today's decision would allow him to do would allow him to say anything he wants against donald trump. it would allow him potentially to even go and order an assassination of donald trump, call it an official act, say he's protecting our democracy and preventing the united states from sliding into tyranny, saying that's his first duty as a president and, you know, that will be, according to the majority, something he can't be prosecuted for. this is the constitution in an upside down world. it can't possibly -- you know, i suspect this will not -- this decision will not stand the test of time. it is an entirely partisan decision at a time when the court, you know, traditionally in cases like this doesn't act that way. here you have six justices appointed by republicans siding with a republican presumptive nominee for the presidency, donald trump, three democratic-appointed justices disagreeing with that. normally when the court acts in cases like this, think about nixon, the nixon tapes case, 1974, you have unanimity or near unanimity, rejected his preposterous claims about executive privilege which were a mere shadow of the absolute immunity that trump has won today. >> melissa, i want to stay on this idea of the separation of powers, because justice sotomayor in her dissent remarks that congress is the branch of our government that's closest to the people, and now they've been sidelined, so congress then enacts laws, congress that is there to make sure that the laws are created that we all follow as americans. congress has now been sidelined for the judgement of a judge or the judgement of the court to be able to decide specifically for the president, because that's the carve out now, the president himself now has a different standard by which his conduct is going to be reviewed and that has nothing to do with what congress propagates as a law. >> there's a great deal of hip pocksy that the dissent called out. on friday this court concluded that unless congress has specifically authorized an administrative agency to act, the executive cannot act through that agency to regulate industry, whether it's for particulate matter or clean air or whatever, the executive would be acting like a king if it did not act specifically with regard to what congress had authorized, but here today we learned that congress is of no moment and the court can essentially vest the president with all of the trappings of a monarch. i don't think you can read this decision without thinking about what came before and how inconsistent it is. neal made a great point about this being a 6-3 decision. i think most of us imagine that no matter how difficult it would be, this was likely to be a unanimous decision, even though it was very, very narrow. there might be concurrence, dissents, but on a case like this, chief justice john roberts would be striving for unanimity. we still had that 6-3 fracture along traditional idealogical lines, very surprising. >> speaking of the dissents, neal, those three justices dissented from this decision, sotomayor, jackson, and kagan. justice sotomayor writing, quote, the president is now a king above the law, naming all of the scary ways that this could go wrong. you mentioned it briefly, neal. the president, quote, for example, she says orders the navy's sale team 6 to assassinate a political rival? immune. organizes a military coup to hold on to power -- sounds like 1/65 little bit there -- immune. takes a bribe in exchange for a pardon? immune, immune, immune, immune. she also made this point during oral arguments in april. take a listen. >> if the president decides that his rival is a corrupt person is the and he orders the military or orders someone to assassinate him, is that within his official acts from which he can get immunity? >> it would depend on the hypernet cal. >> trump's attorney saying that that would be an official act, a sentiment then the majority of the court agreeing with today. justice ketanji brown jackson saying the question here is whether the president has the option to remove the attorney general by, say, poisoning him to death. neal, you kind of said it tongue in cheek, yet, we all were stunned when he made that, you know, kind of stood by that proposition, right, in oral arguments, and yet now the majority's saying that if the president says it falls within the purview of his official acts, does he now legally and officially say i can commit murder? >> it's unfathomable that the supreme court which has been such a -- body, chief justice john marshall, justice thurgood marshall, people like that are issuing a decision like this, that allows for such things, calling them official acts. and that's why i think you saw justice sotomayor on the very next mage right after the part you showed, her very last lines are with fear for our democracy i dissent. and i can tell you, of 51 cases there, i've been involved in hundreds more than that, i've never seen language like this in a supreme court opinion or dissent. there is something really dangerous going on here, and something that is really threat eening the entire basis of our constitution and separation of powers. you know, my parents came to this country from another because of the principle that no one was above the law. that's, you know, what we hold out as most dear, and now to have a supreme court opinion that blesses, to be sure, 100%, it blesses the president pressuring his justice department to falsely say that there were election irregularities. they say that's an official act, once you go down that road, yeah, you're talking about the hypotheticals that justice sotomayor said or anything else, the pressure on presidents to do all sorts of untoward things is immense. fortunately, for 200 years we've elected people, republicans and democrats alike, who've colored within those lines, but i fear that the next one may not be so -- may not be so solicitous of our constitutional values and norms. >> melissa, what do you say to those that say to us that we're being hyperbolic about the pandora's box that's now been opened with this decision from today? >> i think we have seen that there is good reason to be afraid. justice kagan in 2019 in rousseau versus common cause, a case about partisan gerrymandering, noted in her dissent with sadness she dissented. she also added it was respectful. here she has escalated it. this is a supreme court with a conservative super majority that for every year since its had that super majority has overruled a precedent that's been on the books for around 50 years. we saw this in 2022 with dobbs. we saw it last year with sffa versus harvard, and now we're seeing it this year with the chevron case and now this. this is a court that's unfettered. and an imperial court has now given us an imperial president. >> please stay with me, we have more on this breaking news, president biden will speak tonight on the supreme court immunity ruling when we're back in just 90 seconds. we're bac in just 90 seconds true miracles of evolution. where there is one, others aren't far behind. always scavenging for food, the cockroach... well that's horrifying. ortho home defense max indoor insect barrier. one application kills and prevents bugs for 365 days. not in my house you don't. nature is wild. your home doesn't have to be. nexium 24hr prevents heartburn acid for twice as long as pepcid. get all-day and all-night heartburn acid prevention with just one pill a day. choose acid prevention. choose nexium. breaking news tonight, the white house announcing just now that president biden will comment on the supreme court ruling later tonight. those comments are expected to occur at 7:45 p.m. eastern. but now i want to delve into some more from today's supreme court decision. this court saying that trump cannot be prosecuted for official acts but can be prosecuted for unofficial acts, then going on to say what can and can not be prosecuted starting with trump's alleged doj interference, the court ruling that trump is, quote, absolutely immune from prosecution for the alleged conduct involving his discussions with justice department officials. he is also, quote, presumptively immune from being prosecuted for pressuring mike pence in the weeks leading up to january 69. for this and the other remaining allegations facing trump, the court remands to trial judge tanya to determine which qualify for immunity. this decision echoing nixon's take on presidential power. >> so what in a sense you're saying is that there are certain situations where the president can decide that it's in the best interest of the nation of something and do something illegal. >> well, when the president does it, that means that it is not illegal. >> joining us now, leah litman, the host of the strict scrutiny podcast, and back with me is neal katyal. leah, thanks for joining us. i want to go to you right now. i've read this opinion several times right now. i don't understand how we're going to make a determination of what is, quote, official and unofficial. your thoughts? >> i think the court has given a very broad definition for what facts fall within the outer perimeter of the president's official responsibilities that entitle the president to a presumption of immunity. and i think it's important to note that in that middle category, the court suggested that the president is, at a minimum, entitled to presumptive immunity and might even be titled to absolute immunity, of the kind that the court assigned to the president's exclusive, procollusive authority. as to how the lower court is supposed to decide which actions are entitled to a presumptive act of immunity and whether thoseas are ultimately immune, i think the court has stacked the deck against this prosecution. it delineated certain actions as entitled that were definitely questionable, like pressuring the vice president to put together a slate of fake electors and throw out the actual, legitimate elector slates. the court also suggested the prosecution bears the burden of rebutting immunity, that the prosecution was limited in the kind of evidence they could introduce, and that anything that posed a danger of intruding on the president's duties, that was entitled to a presumption of immunity. >> so neal, leah explains it so well and so eloquently, and yet, for me, i want to get to the nuts and bolts of this. i want to focus on the evidence, right? we get that remanded back to the judge, she has to do what i think are great little mini trials before november to be able to have jack smith rebut this presumption of presum tif immunity that's going on here, but the court also in the majority, neal, ruling that conduct, official conduct and evidence of that, is now excluded from being considered as a part of the evidentiary report, so judge sotomayor saying in her dissent you have a president in official speech saying he intends to stop a political rival, then he hires a private hit man to murder that rival, so under this majority's rule, the murder indictment could not include allegations of the intention, how does this work, neal, if you cannot speak to that? it sounds absurd, and yet, that's what the majority decided today. >> it is absurd, and i think leah gets it exactly right when she says the court has put its thumb on the scale against jack smith. there is, however, a narrow path forward, and the chief justice's majority opinion does say there will be times when a president will be acting in an unofficial capacity such as in the capacity of being a candidate. and in that, he doesn't have immunity. it's a long passage, i put it on my twitter for those who want to look. there is a path, it's just really hard because of the two things you and leah have said. leah points out there's a presumption of immunity, so smith is going to have to overcome that, and you've pointed out that the court has said in determining whether there's an immunity or not you can't look to motivations, evidence of motivations that might otherwise be really relevant to deciding why a president is acting a certain way. are they acting as president or are they acting to try and win a campaign or win an election. i mean, here it's as plain as day to me that, for example, when donald trump goes and pressures the justice department to try and call the 2020 election false and his entire justice department resigns, little hard to call that an official act. that's not trump acting as president, that's to protect himself and to try and hand him an election. and by the way, if trump can dot do that and it's fair in november of 2020 through january of 2021, it's going to be just as fair for joe biden to do that or joe biden to do that for november 2024 to january of 2025. that isn't the way our democracy is supposed to work. >> you know, leah, riddle me this then, you're not allowed to look at the motive or the intent of the defendant, specifically donald trump in this instance, when it comes to the comment that neal is giving as an example. the reason why donald trump met with his doj officials, it wasn't to be able to talk about something bigger, it was specifically to further his criminal intent to be able to overturn the lawful results of that 2020 eleshgs. but aren't crimes supposed to be specific intent events? aren't you supposed to be able to prove the defendant had specific intent to commit a crime? so how do you eliminate the ability for a jury to see or to evaluate the motives of a defendant when you're looking at a criminal case? >> i think that's what justice sotomayor was getting at when she suggested the majority's rule was nonsensical, because it eliminated the prosecution's ability to prove mens rea or guilty mind. if you consider the allegations that the court sort of threw, they look at the fact that the president has authority over the department of justice and said it doesn't matter whether the president is abusing that authority, using it for corrupt ends or personal ends, you can't even consider that. it just matters that the president has authority over doj and that entitles the president absolute immunity. that's why justice sotomayor is concerned about the sale team 6 hypothetical. the president has authority over the military, so you can't examine why the president ordered sale team 6 to conduct an assassination or a military coup. that is part of what's so concerning by what the court has done by eliminating the prospect about anything about motive. the courts were never going to save us from the threat of a bad man president, but i think people underestimated the -- would actively hinder, you know, democracy's ability to solve the problem of the president through special counsels like jack smith. >> leah, i want to stay with you, justice barrett noted one potential avenue to prosecute trump's conduct is the sorting from private to official conduct. it may be difficult, but not always. take the president's alleged attempts to organize alternative slates of electors. in my view, that conduct is private and therefore not -- i'm really stuck on that as a trial lawyer, if you can't get into the communications with your doj officials wherein they're telling you there's no election fraud and there's no fraud in these states and for example georgia, you know, there's a pending prosecution in georgia, what does this mean for those cases already in progress in places like georgia? >> i think it poses a lot of problems for them. that is an interesting and helpful observation for justice barrett, but it was just for herself. the five other justices in the majority and trump didn't say anything about the prospect of a president putting together a fake set of electors would actually be private, you know, activity that wouldn't be subject to immunity. and instead you can imagine a court taking a similar path where they say the president's communications with the department of justice or the president's communications with the vice president and other officials within the president's administration, that's official activity, and it doesn't matter why the president is doing that. if the president is trying to put together a slate of fake electors or throw out lawfully cast vote, that's part of what is so concerning about this sweeping opinion. >> i'll say in closing to the both of you, john, as we know, during oral arguments conceding that that is private conduct and yet this supreme court majority just kind of ignored that concession and ruled the way it did. neal katyal and leah litman, you guys have had a long die so far, i appreciate you both. for more from neal, go to msnbc.com/openingarguments. coming up, the larger concerns about the supreme court's credibility amid corruption scandals and questions about political bias. and president biden, as a reminder, will be speaking at 7:45 tonight on this bombshell supreme court decision. plus, steve bannon is officially behind bars tonight for his january 6th-related crimes. s tonight for hi january 6th-related crimes (man) ahhhhh! 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[music playing] when we're young, we're told anything is possible... ...but only a few of us go out and prove it. witness the greatness of anna hall on a connection worthy of gold: xfinity mobile. only xfinity gives you the most powerful mobile wifi network, with speeds up to a gig in millions of locations. and right now, xfinity internet customers can buy one unlimited line and get one free for a year. get the fastest connection to paris with xfinity. these are live pictures of the white house. president biden expected to weigh in on this bombshell supreme court ruling in the next hour. the liberal wing of the court blasting this decision today, justice jackson warning, quote, the majority incentivizes all future presidents to cross the line of criminality while in office. the chief justice brazenly calling out those arguments saying, quote, fear mongering on the base sis of extreme hypotheticals. however, this is no longer about hypotheticals. trump has been charged with breaking a number of serious federal law, and this ruling hamstrings jack smith's coup case. it raises this question, why did the court wait until the last possible moment to rule on a case so central to american democracy? this ruling guarantees, guarantees, that there will never be a trial before election day, and it cuts against how the justices have acted in the past when urgent election matters have come before them. in bush v. gore, for example, it took under one week for the court the act. and in trump's colorado ballot case, you'll remember, the court ruled in over two months. but in in case, this huge case, it took nearly five months for the court to make its ruling. joining me now is molly jong-fast, and stephanie. my thanks to both of you. molly, what are you expecting to hear from president biden tonight at his remarks? >> what i hope to hear from him and he can do whatever he wants because he's president and he's a king and that he will now stack the court and do all the things -- i mean, this court is so nakedly partisan, they have put their finger on the scale. the delay was the win. i don't think trump world thought they would get the kind of ruling they did. i don't think anyone thought this would be as extreme as it is, but even just the delay means there is no trial. so i hope that joe biden will take bold action, the kind of bold action that is desperately needed to reverse this partisanship, but my guess is he'll at least do something to start the process. >> the gloves should be off, all things considered, right? >> the presidency and the president is much less accountable today than yesterday. i mean, this really shifts our constitutional understanding of the office. it also means that the character integrity of the person who holds the office is all the more important -- >> that's an understatement. >> right? and president biden has a chance today and lots of other days to remind the country of the stakes and how he sees himself in that role. so i would actually argue that it's important for him to act with even more taking care that he is executing the laws faithfully, another important provision of the constitution. >> i like how you slipped in the take care cause there. i was tweeting something out -- i still call it twitter -- if you feel like this was a political decision and not a legal one, you should play the lottery. >> right. >> it's so nakedly, brazenly political in terms of how this came down, and the way this came down, and the way that robert tries to very rudely call out the dissent, saying they're hysterical women with their hair on fire about what is going on, is it time for people to consider that stacking the court, expanding the court, term limit, all these things that we talk about, maybe it is time for them to consider that when they go to vote in november in terms of who they want to see in the oval office. >> i mean, the polling already shows that people think this court is what it is, which is very partisan, very, you know, i mean, the stuff they've done, the decisions they've made, the chevron doctrine, these are things that radically remake this country in ways -- there is no precedent, this is all just their own kind of heritage foundation fever dream. so i think people see very plainly what it is. i hope the democrats are not such traditionalists that they let them get away with it. >> emily, to molly's point, you would think each decision would come -- i'm such a naive person, it's not going to be as bad as the last, yet it is getting worse. i think the most objective people looking at these dicisions, starting with dobbs, for example, have just gotten progressively worse. meaning they've touched on different aspects of american's lives. it's not limited to one particular thing. you have this immunity decision, do you think that there now is truly discord? i know sotomayor tried to say once publicly, no, we're not getting along, but you see in the dissents for sotomayor and jackson no respectful dissent, flat out dissent. >> i've always been confused about why we think they should get along when they have lunch together. the court's approval rating with the public is at an all-time low. that was true before this term. you brought up dobbs, that term could be summed up with the end of roe. this term is equally if not more momentous. there are lots of different ways in which the court has changed the balance after power and affected americans' lives, and so getting all of that into the public conversation so people really understand is very important and, you know, part of our job, part of the jobs who are talking of the people who want to change how this supreme court operates. >> so molly, somebody asked me a really interesting question, do young people understand what just happened today? dobbs impacts people across political line, idealogical line, age, you know, et cetera, and gender too, let me be very clear, but are young people understanding the import of this decision today? >> i feel like we spend so much time talking about will people get this, will they read it, we are this enormous country and very few people read the newspaper, so how are they getting their news? and i think that's a big question, you know, with dobbs, it's so clear that women had this right one day and the next they didn't, right? this is not quite as clear, but it is, you know, absolutely as monumental. >> along that vein then, emily, so if it's not just the young voters, if it's everyone now who wants to decide who's going to occupy the oval office, when character is so important, how much does this now overshadow what criticisms both candidates are getting post first debate and in terms of contemplation of either one of them being the presumptive nominee from each party. >> look, we still live in a democracy. this is the part that's in the hands of the voters,? who the office holders are. and i think molly's right about the importance of conveying it and how much we think about that. one thing about this term, often chief justice john roberts figures out a way to make the terms seem balanced. some wins for conservatives, some wins from liberals, it's not partisan seeming. this term is almost all wins for conservatives and republicans. >> how is that not political then? it's an election year, so how does that not be construed as being political then? >> maybe it is political, maybe people understand the courts that way and they vote with that in mind. that is the power that people have, to respond to the court. if people fear the court is political, they can take that into account when they vote. >> one of the strongest messaging points from the democrats is the idea that president biden upon re-election in november will have the opportunity to replace some of these lifetime appointed justices on the supreme court. again, do you think that this now elevates in that conversation and dialogue as people prepare to vote in november? >> i don't know what people are thinking, but i know that this is monumentous, and if there's a chance -- i feel like the justices, some of these justices we saw the real maga justices sort of stop pretending, right, with the real housewives of the supreme court with the flags and the, you know, i do think there is absolutely, you know, we know there are two real maga justices on this court. alito and thomas would like to retire under a donald trump presidency. i think for sure that should be in voter's minds. >> thank you guys for being here on this big day and for this conversation that's really important. i appreciate both of you. and still ahead, joe biden on defense after stumbling on the debate stage, but biden will be speaking at 7:45 tonight on this bombshell supreme court decision. but first steve bannon reporting to prison today with some parting words about the future of maga. g words about the future of maga. smile! you found it. the feeling of finding psoriasis can't filter out the real you. so go ahead, live unfiltered with the one and only sotyktu, a once-daily pill for moderate to severe plaque psoriasis, and the chance at clear or almost clear skin. it's like the feeling of finding you're so ready for your close-up. or finding you don't have to hide your skin just your background. once-daily sotyktu was proven better, getting more people clearer skin than the leading pill. don't take if you're allergic to sotyktu; serious reactions can occur. sotyktu can lower your ability to fight infections, including tb. serious infections, cancers including lymphoma, muscle problems, and changes in certain labs have occurred. tell your doctor if you have an infection, liver or kidney problems, high triglycerides, or had a vaccine or plan to. sotyktu is a tyk2 inhibitor. tyk2 is part of the jak family. it's not known if sotyktu has the same risks as jak inhibitors. find what plaque psoriasis has been hiding. there's only one sotyktu, so ask for it by name. so clearly you. sotyktu. the promise of america is freedom, equality, but right now, those pillars of our democracy are fragile and our rights are under attack. reproductive rights, voting rights, the right to make your own choices and to have your voice heard. we must act now to restore and protect these freedoms for us and for the future, and we can't do it without you. we are the american civil liberties union. will you join us? call or go online to my aclu.org to become a guardian of liberty today. your gift of just $19 a month, only $0.63 a day, will help ensure that together we can continue to fight for free speech, liberty and justice. your support is more urgently needed than ever. reproductive rights are on the line and we are looking at going backwards. we have got to be here. we've got to be strong to protect those rights. so please join the aclu now. call or go to my aclu.org and become an aclu guardian of liberty for just $19 a month. when you use your credit card, you'll receive this special we the people t-shirt member card magazine and more to show you're part of a movement to protect the rights of all people. for over 100 years, the aclu has fought for everyone to have a voice and equal justice. and we will never stop because we the people, means all of us. so please call or go online to my aclu.org to become a guardian of liberty today. with absorbine pro, pain won't hold you back from your passions. it's the only solution with two max-strength anesthetics to deliver the strongest numbing pain relief available. so, do your thing like a pro, pain-free. absorbine pro. breaking news, we are awaiting president biden's remarks tonight on the supreme court immunity ruling, a new twist in the long effort to hold trump accountable today on a dir account bannon's sentenced to four months, meaning bannon will get out just days before the november 5th election. bannon is the second trump ally convicted for criminal contempt of congress along with peter navarro. bannon recently spoke to nbc's vaughn hilliard vowing retaliation. >> in his justice department to do what they should do to start investigations of how the justice department weaponized the legal system against the maga movement and president trump -- and president trump h and his followers. there's going to be plenty of time for that. >> joining me now is josh green, national correspondent with bloomberg and the author of devil's bargain: steve bannon, donald trump, and the storming of the presidency. josh, it's good to have you here, as we speak, you and i, steve bannon is literally, finally, behind bars, your reaction? >> my first reaction is it makes the book's title devil's bargain feel more poignant. what i wrote about then was how this partnership came together. i say in the book that most of donald trump's business partners end up unhappy, and here steve bannon is headed off to federal prison. but that being said, you know, as he is prone to do, he turned it into a media circus. he's using it, i think, to try and amplify and enhance his brand. and you know, every indication he's given publicly is that this is a great thing and sort of furthers his story, as we heard in that clip that the biden justice department is somehow persecuting trump-friendly republicans. >> we hear bannon's vow several times, including right there with vaughn hilliard, that retaliation is the plan. your thoughts now considering what the supreme court just ruled today in terms of this kind of cloak of official acts being able to be used to provide immunity so if retaliation is the name of the game, it sounds like the supreme court just said steve bannon, donald trump, here you go. >> yeah, i think so. i mean, look, usually when bannon says these kind of things, he's looking to provoke a reaction, looking to get media attention. i'm pretty sure that was the case here. certainly trump would have more looway to retaliate if that's what he decides to do once he gets elected. the fact he's going to jail is not the way he would write the script himself if he could. but the fact that it's only a four-month sentence, it could have been longer. i was talking to an ally of his before the sentencing. if the sentence is less than six months, what i expect is for ban nonto treat himself as if he were nelson mandela a political prisoner. and sure enough, that's what we saw on the steps of the prison today as he was going in. treating this, putting himself into this narrative of trump maga world persecution, which i think he believes will enhance his brand, will enhance the image of him as loyal food soldier to trump, you know, and ultimately -- >> and then there's this idea steve bannon telling vaughn hilliard that donald trump is a moderate, using the phrase moderate when it comes to maga, and yet to the point that you just made, peter navarro, steve bannon, some of the 1/6 writers, they're the only ones doing jail time for a moderate donald trump? >> i think when you look at what's going on here, you know, bannon taking pride in the fact that he had been sentenced to, it's almost as if prison time has become a new badge of honor or a sort of mark of loyalty to, you know, true fealty to donald trump. navarro had said he doesn't want to be pardoned. he doesn't want to be let out early. you know, bannon's referring to himself as a political prisoner. i think, you know, as these things become more extreme, as some of these maga followers become, you know, ever more extreme in what they're doing, this is just another marker of how far out of the norm things are skewed that somebody who was his campaign director, who was a chief white house strategist, is now heading into a federal prison. and is okay with it. >> celebrating it, in fact. joshua green, thanks for being here for the latest on steve bannon, i appreciate it. >> thank you. >> and coming up, president biden will speak about the supreme court's immunity decision as he faces tough questions about his candidacy and his presidency. s about his candidac and his presidency e way! wayfair's fourth of july clearance is here and it's the talk of the neighborhood! because now through july 7th, you can save up to 70% on everything home. yes! save on finds for indoor and outdoor, and get surprise flash deals you don't want to miss. and get it all with fast shipping straight to your door. save up to 70% off with wayfair's fourth of july clearance now through july 7th and amp up your summer with savings! ♪ wayfair. every style. every home. ♪ the virus that causes shingles is sleeping... in 99% of people over 50. it's lying dormant, waiting... and could reactivate. shingles strikes as a painful, blistering rash that can last for weeks. and it could wake at any time. think you're not at risk for shingles? 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[laughs] a home router should never be a home wrecker. oo this is a good book title. coming up in the next hour sh president biden will speak from the white house at 7:45 p.m. eastern, he'll address the historic supreme court ruling. a ruling from conservatives on on the court with liberal justices dissenting. that has stunned many legal experts. it's also opened to big questions about jack smith's case, the powers of the presidency and the future of american democracy. special coverage of this ruling and biden's speech will begin next. having immunity is

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