nbc news has confirmed he s currently in custody and is set to make his first appearance in federal court just a few minutes from now. let us get to it. joining me now is nbc news nas political reporter sahil kapur, host of the beat ari melber and barbara mcquaid. pete, i want to begin with you. this is a bit tricky territory for the d.o.j., is it not? reporter: well, it didn t seem to be in his case, in the steve bannon case, though it took the justice department almost twice as long to decide whether to pull the trigger on peter navarro on two counts, one for refusing to give documents to the committee and secondly for refusing to show up and answer questions in person to the committee. he said to an e-mail in the committee that he was powerless to act here because of the executive privilege claim by president trump. one of the problems for him, it seems to me, is that six days before he sent that e-mail, the supreme court rejected president trump s legal appeal in the
district of columbia within their home. there is a new york times opinion piece today from two of the clerks on that decision, the majority scalia and the minority stevens, the dissenting opinion. they write that lawmakers are reading this case wrong, that scalia didn t say that you can t regulate firearms, that there wasn t a role for congress to play in this. will you explain this to us, adam. sure. the supreme court in the heller case did say there was an individual right to bare arms protected by the second amendment but many judges and advocates out there especially in the nra and gun lobby circles argue that heller really means that many forms of gun control or gun safety reform are unconstitutional. and so far to date, most forms of gun safety laws have actually been upheld by the courts despite heller and while they re