the next president is likely to have two new supreme court nominees. two more. he already has appointed two that have been very negative in terms of the rights of individuals. the supreme court has never been as out of kilter as it is today. i mean, never. i have taught constitutional law for nine years. this guy knows more about it then most. the fact of the matter is, there has never been a court this far out of step. joining us to discuss is our and missy legal analyst. we have a host of the justice matters podcast. welcome you with a happy father s day. you too. glenn, were you surprised by these comments from president biden? he is pretty forward leaning but he is calling it the way not only he sees it but i think the way most americans see it. we seem to have a supreme court, at least a block of justices, who are not honest brokers of the law. i knew we would talk about the supreme court. one thing i want to remind myself of from the washington post reporting
perhaps republicans take over, you d want to enforce your opinions if you re the seat of power. but i believe there s going to be a cooked bannon goose very soon. because the doj in its efforts to uniformly apply the law, will, will attempt to indict. why? because it was a dually authorized issues subpoena and bannon ignored it and there must be consequences if you re going to ignore a dually issue authorized subpoena. but what s the defense that s going to be raised by steve bannon? once he s indicted by the united states attorney for the district of columbia, he s going to raise the defense of executive privilege, which is a very rarely navigated political concept. it s going to have to be litigated but, let s talk about what are the important things
he still doesn t have to testify. if he is willing to stay in jail, he doesn t have to tell us. that s a shame because based on the letter sent for documents from him, it s clear how much he knows. if you listen to his podcast, we know he knew what was going to happen january 6 and that he was part of planning it. it s important for americans to get that knowledge. we need that. also, the referral to the justice department. what happens next procedurally? it is at the united states attorney for the district of columbia. president biden s nominee for that position is pending. it has not been confirmed. it s on hold for reasons completely unrelated to his qualifications, probably to
instead of the partisan witch hunts. reporter: i think he there speaks for the house republicans that want to be as far from the committee and the work as possible. you will have two republican votes. the members of that select committee investigating this. whether it goes further than that, i think it is unlikely at best. tell us what senator johnson is doing trying to run the clock. he put a hold on a pivotal nominee. the united states attorney for the district of columbia who would decide whether to criminally prosecute steve bannon if this house vote passes and oversee it is largest criminal investigation, this january 6 prosecution. senator johnson spokeswoman tells me senator johnson will release that hold if the justice department responds to questions
minutes of debate, and then we will vote on the criminal contempt committee, the select committee passed last evening unanimously. so the full house floor will have a vote on that matter, and after that, after we have the votes to pass that, we will then the speaker will certify, and it will go directly to the united states attorney for the district of columbia. that individual the federal law has the duty to bring it before a federal grand jury. you have obviously two republican votes for it already, the two members that serve on the committee with you list cheney and adam kinzinger, i think there are ten republican votes for impeachment if i recall correctly. do you think you have any more than those two votes for the vote tomorrow? i don t think we have any more than those ten votes. but clearly we have two votes. this is going to be bipartisan,