Fmr. U.S. Supreme Court Justice on presidential immunity

The Supreme Court’s ruling on Donald Trump’s presidential immunity case will have an immediate impact on the future of the January 6th election interference case. This comes while the Court suffers some of its lowest public support, with some now seeing it as partisan and lacking oversight. Retired Supreme Court Associate Justice Stephen Breyer joins Andrea Mitchell to discuss the state of the Court.
» Subscribe to MSNBC: / msnbc
Download our new MSNBC app for the latest breaking news and daily headlines at a glance: www.msnbc.com/information/dow...
Follow MSNBC Show Blogs
MaddowBlog: www.msnbc.com/maddowblog
ReidOut Blog: www.msnbc.com/reidoutblog
MSNBC delivers breaking news, in-depth analysis of politics headlines, as well as commentary and informed perspectives. Find video clips and segments from The Rachel Maddow Show, Morning Joe, The Beat with Ari Melber, Deadline: White House, The ReidOut, All In, Last Word, 11th Hour, and Alex Wagner who brings her breadth of reporting experience to MSNBC primetime. Watch “Alex Wagner Tonight” Tuesday through Friday at 9pm Eastern.
Connect with MSNBC Online
Visit msnbc.com: www.msnbc.com/
Subscribe to the MSNBC Daily Newsletter: link.msnbc.com/join/5ck/msnbc...
Find MSNBC on Facebook: / msnbc
Follow MSNBC on Twitter: / msnbc
Follow MSNBC on Instagram: / msnbc
#Trump #immunity #scotus

[@robhoneycutt]

There’s nothing in this clip about presidential immunity. Stop falsely titling the clips to drive clicks, please.

[@lindastone4927]

This is what liberals do...bait and switch.

[@dianetigert1310]

welcome to MSNBC

[@johnbrown5565]

@@dianetigert1310 Welcome to KZbin.

[@drbobcaster]

False titles all over the place. Not usually with news channels. Somebody dropped the ball.

[@lindastone4927]

@@drbobcaster but this isn't a news channel.

[@thedoubs2383]

I didn't hear him talk on the advertised 'Presidential Immunity'.

[@peter12488]

because it was an advertisement for the guests book

[@Kurt77777]

It's just more FAKE NEWS from MSNBC.

[@smithgroove945]

This had nothing to do with immunity???

[@lindastone4927]

This is what liberals do...bait and switch.

[@kybed]

justice breyer is how i think majority of the judges should be.. the constitution is written to be 'abstract' but with a notion that 'we the people' acts with no malice or bad intention but also not disregarding that there are those that acts with bad intentions.. it's written in a way with an understanding that a true or 100% democracy has negative comsequences also.. we cannot ignore that a president (former or sitting) has some sort of presidential immunity or protection from being criminally liable.. absolute immunity is a whole different thing that any reasonable person would immediately conclude it doesn't or shouldn't exist in a democracy..

[@heatherheimbueger1275]

I want to Thank Ms. Mitchell for referring to the "other guy", as Mr. trump, and NOT former president. He does not deserve that title.

[@CharlesMadsen-ks5re]

You don't deserve to comment on here he's still president trump. If you like it or not. Punk

[@jarrodl719]

Best president we've ever had

[@kosmokritikos9299]

@@jarrodl719 Most Americans disagree and that number is growing. If you do not believe that yet, you will.

[@THINJIMI]

@@jarrodl719- Rated worst. Biden rated 14th Best. You read and think backwards because Trump told you to. geez, you people really need a wake up call, because your dream is a nightmare.

[@kittykitty435]

​@@kosmokritikos9299He's too far gone! Anyone who will still vote for a man with all the charges 45 has, isn't smart enough to realize where that story ends. Lack of critical thinking is the problem. There was a video of a preacher who was saying religion has no part in politics. It's about God and Jesus not tRump vs the law.

[@snowrose101]

Yes, guns in the 2nd Amendment is about Militias. It says Militia. And that was because we didn't have a standing army for the country.

[@thethirdman225]

Yeah, it was called the Continental Army. The militia was a sop to the Jefferson Republicans and the basic issue behind that was slavery.

[@snowrose101]

@thethirdman225 Lol! You're about to declare your freedom from a tyrannical king, and you think creating a militia right then would be about slavery? Virginia offered slaves their freedom if they'd fight for the British, but the one to 2,000 that went over weren't the majority of the king's 50,000 or so British forces.

[@thethirdman225]

@@snowrose101 Before you ‘Lol’ you might want to consider that I didn’t just say that for laughs. Furthermore, it had nothing to do with a ‘tyrannical king’ (George III was misguided but far from mad or tyrannical*) and everything to do with forming a union. If you can separate yourself from the mythical version of the formation of the United States, you will realise that there were factional interests to be served and in order to get those factions to align, certain conditions had to be met. I’m happy to educate you but it’s far better that you look it up for yourself. Who were the major players? What were the major issues? What was the timing? How was the impasse resolved? Remember that the Declaration of Independence was in 1776 and the Second Amendment was in 1791. So your ‘about to declare independence’ comment is anachronistic, at best. They had already declared independence 15 years beforehand. *Most Americans don’t know what this word means and never consider it from a historical perspective.

[@retroguy9494]

Yes, we DID have a standing army. A PROFESSIONAL army. The intent of the Second Amendment was only twofold. 1) To protect ourselves and our government in the event of an attempted takeover by our own army (a coup). 2) To aid in the event of an invading foreign foe. Basically, it backed up the army. You really should read the Federalist Papers, specifically the two which deal with the Second Amendment. You should also read some of the writings of the framers which survive. They were so afraid of the citizen militias turning into a professional army that the Federalist Papers go into detail about how often the militia should meet, train, etc. That is what was meant by 'well regulated.'

[@snowrose101]

@retroguy9494 "Most of the Continental Army was disbanded in 1783 after the Treaty of Paris formally ended the war." Wikipedia. The Constitution was written in 1787 - AFTER the Continental Army was disbanded.

[@jackmundo4043]

Judge Breyer made a terrible mistake. We need him now more than ever.

[@johnwright9372]

He didn't make a mistake. It's his life to do with what he wishes. The mistake is badly informed people voting for candidates for office who grossly abuse appointments for purely party reasons. Trump and his cronies were the worst eve with Alito and Gorsuch. Coney Barrett might not turn into a political lackey. McConnell put 3 of the justices on the Court. G W Bush nominated Thomas and Roberts.

[@jvlm3091]

Justice Ketanji Brown Jackson has replaced Breyer. I think it's OK if you retire when you're in your 80's. This should be mandatory.

[@alansach8437]

Wish he was there.

[@jarrodl719]

​@@jvlm3091wooooooo a dei hires

[@victorwilliams1304]

Now, this is what a JUSTICE suppose to do. Love his interview with Justice Scalia. A Great Legal Mind even now.

[@Comments-qs6bv]

Please remove the app ad!

[@deborahbelcher3984]

Gawd yes

[@JRR31984]

What the fluck is the second amendment doing WITH the video title for THIS video....

[@WattWireNet]

I was about to make the same comment. It's called click bait.

[@JRR31984]

@@WattWireNet PS Trump is trash.

[@Carmine4911]

. 🤔 🤔 🤔 Friend, it has to do with diversity, equity, and inclusion. There is no more meritocracy. That is why parts are falling of airplanes. 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌 🍌

[@JRR31984]

@@Carmine4911 uh no

[@jaysonflask1663]

I use to use the phrase "Mother Tucker" until I found out that research shows that similar words & phrases don't relieve stress like the actual words; kinda like how this video didn't relieve my curiosity since it wasn't about the actual topic.

[@franciscoolivasalvear3639]

Why do they said the segment is about presidential inmunity?

[@mikemallimo9286]

Click Bait

[@franciscoolivasalvear3639]

@@mikemallimo9286 The decadence of cable news!

[@jackbass5860]

Mr. Trump, this question was already decided/answered by the American people when they wrote the declaration of independence. We the people decided we did not want a King and that ALL people were created equally. Sadly the modern GOP does not believe all people were created equally, that minorities and women should have equal rights and equal justice under the law. The GOP believes might makes right and the rich are better than everyone else and should be treated differently, that is the rules don't apply to the rich. What better example of how out of step the modern GOP is than this example of treating Trump as if he were a God or a King. Mr. Trump you are not immune, justice is coming and we will not forget your crimes and your many enablers.

[@daveharvey5764]

Then why do you have politicians making laws and regulations they don’t have to abide by.

[@jackbass5860]

@@daveharvey5764 What laws are you talking about? You mean like Trump not paying his taxes or not paying the people who work for him? Please explain.

[@kennybachman35]

@@daveharvey5764because our enforcement apparatus is corrupted and broken and has no ethical or moral standards.

[@jamesdouthat3999]

By the way El stoop ed. Judges have immunity ity, congress has Immunity. So what the only branch of gov that shouldn't is tbe exec?

[@thinkIndependent2024]

​@@kennybachman35You cite the problem the layers of the systems are beyond most abilities to think deeply. Antonin Scalia introduction of over simplification has been a growing issue. Dred Vs Scott ignored British law of 1777 when their courts confirmed any slave brought to England could sue for freedom. While our modern court cited 1500s laws against witches to remove science based law on fetus viability.

[@B.Alance1st]

That is a real judge ,

[@ASmithee67]

That is a very poor judge. If he wanted to create law he should have run for legislative office.

[@user-ze6be3hv6y]

How about 80 year old tv hosts retiring too. What a cheap shot to Biden from an 80 y.old lady

[@tryscience]

She's not holding the codes to the football.

[@dawnellenburg]

Agree!! My face did this: 😱 when she said that. The unmitigated gall!

[@tryscience]

@@dawnellenburg No, I think this gall is mitigated. She's not affecting policy across the nation.

[@retroguy9494]

Haven't you heard? 80 is the new 50! 😂🤣

[@justinkingery2489]

Apples and oranges. Both are people; the jobs are totally different.

[@-Gramps]

Superb interview, Andrea! Thank you! I’m sorry someone at MSNBC felt the need to use a clickbait description- it destroys *your* credibility, Andrea….

[@runedharma22]

The Continent was founded by men with firearms. It is a tradition.

[@PeBoVision]

Click bait headline. Justice Breyer does not even mention Presidential immunity in this segment. He discusses the 2nd Ammendment and the perils of lazily interpreting articles to arive at a predetermined political end. He then shares his personal reasons for retirement. Misreprenting what he said feels eerily Trumpist.

[@jamescorry63]

MSNBC and FOX both rely on skilled journalists to get their FAUX news and neither has any qualms about misrepresenting anything that does not comply with Murdocks way of thinking ,,,,,lol

[@user-pj1lr5vt7z]

In Federalist #57 Madison argued that the legislature “can make no law which will not have its full operation on themselves and their friends as well as the great mass of society. This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together. It creates that communion of interest and sympathy of sentiment of which few governments have furnished examples, but without which every government degenerates into tyranny. “

[@hellbenderdesign]

Good man. And he retired before he died, so that's doing the country a solid.

[@gregoryfuzi4745]

Glad he's gone he's a peace of crap. The constitution is written very clearly and he wants to put his own interpretation of it content. This is the destruction of the constitutional rights of Americans for control.

[@earlwilliams5473]

Glad we fallow the construction as written. Not as interpreted to meet an agenda.

[@user-mq5ll8vs7q]

NRA lobbyist got us to this point. That’s the reason lobbyists and earmarks need to go . So our representatives are representing the people instead of corporations. Vote blue in Roevember

[@peter12488]

why is an interview not stated an ADVERTISMENT when a PRODUCT is being PROFFERED?

[@numbskulldiecastracing]

"thing' was the best word he could come up with.

[@tryscience]

The ultra high pressure sales pitch at the end for the MSNBC app convinces me never to install it for so long as I live.

[@chrislhundrupmcglone6407]

and the "how to download" ??? They don't appear to have a very high opinion of their viewers.

[@tryscience]

@@chrislhundrupmcglone6407 It's embarrassing when they dumb things down to the point where normal folks are insulted by the resulting instructions.

[@jamescorry63]

and just like MSNBC news and FOX its all FAUX news .lol

[@rudewalrus5636]

I don't know how old Justice Breyer is (somewhere in his 80s?), but Wow, he's still sharp as a tack!

[@bjdefilippo447]

Justice Breyer is an interesting guest. Please title your clips accurately, so that it reaches an audience who wants the content you have.

[@mikemallimo9286]

He is absolutely correct about the militias. I did a paper on this in my senior year in college. “For the purpose of a well regulated militia the right to keep and bear arms shall not be infringed.” The comment about well regulated militias has been ignored countless times in various court decisions.

[@samueljaramillo4221]

The conservative justices need to listen very carefully to justice Breyer.

[@dannydarko371]

What a warm, intelligent, decent man

[@EugeneKhutoryansky]

If you are going to lie in the video title regarding the subject of the video, what does this say about the trustworthiness of all the news content that you produce?

[@balddanny]

There’s nothing in here about immunity.

[@johnarocha6903]

I thought he was going to comment on presidential immunity.

[@prestonnicodemus9336]

Guess the immunity part got clipped...

[@Joe-ew5rt]

83 years old and sharp as a tack.

[@steveg5074]

They need to retire in the Senate at 60s not 80s. What are you talking about?

[@Syrnian]

I agree 100%. Need max age laws for all political positions. I see 60 as max age as well.

[@senatorlainez]

John Paul Stevens and Stephen Breyer, two of my favorite SCOTUS justices.

[@CCtriC-zr9xy]

SC should have term limits. A lifetime position does not keep the position relevant.

[@josephshawler1901]

You still haven’t changed the title of this video that retired Supreme Court Justice says nothing about immunity.

[@brickedup7971]

I didn't hear about presidency immunity in this clip.

[@davecamp5491]

I'm learning to turn away from MSNBC more and more........Maddow is the only one left.

[@mountbara]

You mean the other "journalist" other than Carlson to be proven in court to be purely an opinion person?

[@robertforsberg976]

Madcow? Isn't he/ she Stephen Colberts twin?

[@jcbell-dh1bm]

Don't leave, good trolling material, keeps me occupied all day. 😂😂😂😂

[@rayatl217]

@@jcbell-dh1bmsounds like your life is extremely sad

[@madhabitz]

What a treat to get to hear one of the Justices speak, to see that he's actually got a wonderful personality, and to be able to hear a little bit about how he thinks. Oh man, we *never* get to have this happen -- he'd always been such a mystery to me..

[@shirleyashanti3031]

I heard him speak many times while still on the Court. Algorithm probably kept u from seeing. It sends what u show interest in.

[@user-lq7uq4vv8r]

Fascinating. Will read his book soon. Would the Justice call your title fraud?

[@mstreich]

I think elderly (77) newscasters should retire when they lose the thread that democracy is at stake. 😢 2:29

[@blanchewilkinson4618]

Perhaps the American people should consider changing the rules regarding the appointment of SCOTUS members. Perhaps they should be elected by the people. Maybe then, they could be considered, "unbiased", and for the people. Just a thought.

[@ros8737]

Lawyers are apparently allowed to interpret law texts and even draw conclusions that contradicts the very purpose for why the texts where written down in the first place. Judges should be allowed to look beyond technicalities and sentence crimes according to the intention of legislators.

[@fastbow9]

This question is so fundamental to democracy that it shakes the underpinnings of government to ask it !

[@oliviatwine1473]

Nothing about presidential immunity in this clip.

[@user-qv8df9vj2o]

They just don't get it. Most free country has most guns

[@bmiller949]

I am waiting for the ruling for when someone screams "anti-matter" in a crowed theatre.

[@user-ep2bm5no6u]

Your not in Supreme Court they will do their job let them do it analyze everything before they get a chance

[@mitseraffej5812]

One sharp 83 year old.

[@glenwhatley7366]

Well, the institution seems to be in shambles right now!

[@justalittlewine1952]

I’m going to agree with some people who says that there’s nothing in this clip about presidential immunity. I don’t know if it’s clickbaiting .

[@jimallen8186]

Even a textual interpretation doesn’t mean individual right to guns as ‘persons’ is the plural of ‘person,’ not ‘people.’ “The people” carries a unitary context as in the people of a nation meaning a group en mass.

[@garymoore9413]

Remember, what's good for the goose is good for the gander.

[@petesmith9472]

Ask this man if the Constitution trumps the Ten Commandments

[@BLUEMOONENTERPRISES]

Am I the only one who is tired of hearing about MSNBC's new app? It's VERY annoying at the end of EVERY clip.

[@user-tm4pz3we6w]

Imagine a political party that wants to take away a person's freedom of speech just because that person belongs to a different political party.

[@kennybachman35]

We don’t have to imagine it, they’re called republicans.

[@loridyson569]

They did not talk about immunity!!!

[@thegreyhoundgirls536]

Thank-you Justice Breyer for your honesty and commitment to Democracy. Current SCJ need to re-examine why they are serving on the bench; to enrich themselves or to honestly uphold Democracy & the rule of law. I wish someone else besides Andrea would have conducted this interview.

[@ccloutier1586]

He is correct. People need to read with the understanding of how it was written. It's a lost art. Now, everyone wants to put their own twist on everything instead of using common sense.

[@grantwilliams9838]

They're both so old, they forgot to talk about the headline.

[@ohmbuoy1]

Excellent interview; way too short. Andrea you brought out the intel, and Breyer is far too interesting to only speak with for less than 5. Thanks for at least showcasing a former SC Justice who is obviously a man of conviction and moral fortitude. Too bad there aren't more of him.

[@johnmalenchek6597]

Nothing said on Presidental Immunity. Untruth in advertising?

[@kittykitty435]

I think there should be a limit on the supreme Court! Maybe 10 years past the retirement age for everyone else! 77!

[@thefpvlife7785]

Eliminate life tenures. That’s so harmful.

[@richardblock2458]

Retiring at 83 is a personal decision? Are you kidding me? Make way for the 65 year old youngsters?

[@dawnellenburg]

You left & now look at who we’re left with. Retire?! She’s got some nerve.

[@Dognacity]

If RGB thought like this guy we’d be a lot better off with SCOTUS today, but she obviously thought she was indispensable… and possibly immortal. A shame on a great legacy.

[@c.m.169]

This is the 2nd Amendment clip, not the immunity clip.

[@nickdranias695]

so glad he is not on the court

[@sidvak9700]

Immunity. Did I just miss the discussion?

[@thegreyhoundgirls536]

No you didn’t. Title was click bait. Shame on MSNBC.

[@MikeCee7]

What did Breyer do in the very first second of this video? Did he poke her with his finger?

[@butterfly21375]

World watching - America Supreme Court very carefully - are they for the people or against the people.??? History is playing out.

[@frostfree7]

They are definitely not for the people, they've shown their cards already. The issue is what will be their best strategy: to continue letting the madman fight their battles for them, or to cut him loose because he's unpredictable.

[@jaysonflask1663]

@@frostfree7 So you're basically saying we're in the Batman movie with an 80 year old joker who craps his pants.

[@z00ropa]

She should retire.

[@kaw5361]

💯 she is the worst

[@jesavino1255]

Andrea Mitchell needs to go. Cant stand to listen to this liberal pos..

[@ChristopheSmith]

It's all in your education. All Swiss men of military age have their military rifle and equipment at home. No big deal . However swiss citizens have an above average public school & apprenticeship system. By the way it is illegal in Switzerland to commit suicide with your military arm. Democracy can only exist in a country having an educated population. It is true though that the Swiss might run in to problems with their system in the near future. For the last decades they have been decreasing their budget of education regularly.....

[@keshaconner230]

I believe Retirement is “Set” for A Reason.😊.

[@kvasnaik8920]

Bullsh t right time ,you were pushed out period

[@lindaarmstrongjackman9788]

There need to be limits to terms.

[@terencejohncortez6662]

Babe, this is not it.

[@CarolinaGuy]

There's a time when weaponized journalism needs to come to an end as well!

[@angelaj8958]

The militia is defined in US Code, and includes every male aged 17 to 45. If not in active service, they are members of the unorganized militia. Organized militia also includes female members of the Guard.

[@shanemaloney2609]

Didnt talk about presidential immunity at all

[@mpaczkow]

One mistake that the founders made was not putting into law requiring a constitutional congress every 50 years to update the constitution. Sure we can have amendments, but they often do not force us to think comprehensively about the law of the land.

[@CLee-hx8mx]

Stop allowing military weapons on streets...❤

[@user-tf7dx7qh9t]

We don't have any military weapons on the street. They use fully automatic weapons. We use semi-automatic weapons. Get your facts straight. 3:41

[@carblarson8868]

⁠@@user-tf7dx7qh9t. Say what? Military equipment ha been given to many police jurisdictions.

[@Rick-ux5ku]

@@carblarson8868 not guns

[@jcbell-dh1bm]

Did you here that in the Starbucks line this morning?

[@carblarson8868]

@@jcbell-dh1bm Here??? The radical-right is afraid of the world. Glad Starbucks pulled out of Russia.

[@okd521]

I lost any respect that once had for the supreme Court. They seems so disconnected from everyday reality. 10 yr limits

[@scottpendergrass9074]

Why doesn't he talk about Presidential Immunity? This is ridiculous!

[@roxydejaneiro5640]

The worst thing about textualism is justices ignore the principles of textualism when it doesn't result in what they want.

[@zacharycruse6352]

Didn't talk about the subject!

[@eileen7966]

This didn't even cover the subject of presidential immu ity at all!

[@erikwillemcoenen7473]

Textualism is what fundementalist religious people practice with regard to their holy books.

[@oharajh]

Fine. If you want to be an Originalist then sure use the original meaning of the 2nd amendment and be sure to use the original arms - muskets only

[@garywheeler7039]

They had repeating arms, and cannon, and grapeshot. Although the repeating arms were a brass cylinder that was lighted at the muzzle and shot balls something like Roman candles. Round balls with holes drilled through them. Many shots in a tube. And btw, muskets did not win the war, artillery and rifles did. And, help from the French.

[@oharajh]

@@garywheeler7039 Just like every big war the US was in someone else had to help the US win the war otherwise the US lost. War of Independence - the French; Civil war still ongoing; Second World War - Soviet Union; Korea War - Still on going; Vietnam, Iraq, Afghanistan - lost.

[@oharajh]

@@garywheeler7039 When the Second Amendment was written, the most common firearms were muskets, which were slow to load and had limited accuracy. Repeating pistols were first invented during the 1880s, and became widely adopted in the early 20th century. The first repeating gun to see military service was actually not a firearm, but an airgun.

[@arverarobinson6810]

Where's the view on immunity, did I miss it 😅

[@dianegonzales3669]

Prayers for Trump... Drain the swamp

[@Philobiblion]

The Discipline of the Law is the practice of English Reason.

[@edwardspriggs5076]

Click bait ! with a very misleading ttile and I really do respect Retired Justice Breyer.

[@tomasranta6154]

So you think the supreme court doesn’t engage in politics ?

[@lonniekwartler8396]

Breyer shows that he does not have to be on the Court to be wrong. The militia is the people. The people provide their own arms in the militia. A well regulated militia means regular and such musters for training. It is not the National Guard, which is a select militia with arms provided by the government and such did not exist in 1791. The 9th Amendment protected the rights the people had that were not named, but the 2nd was specific and made because it was known that government oppresses the people after taking their weapons even before guns were invented.

[@user-tf7dx7qh9t]

We definitely need term limits in the house in the senate and get rid of all these freaking rhinos. And we are never giving up our second amendment. Or our First Amendment. I don't care what the government says I don't care what the state says you'll have to take it out of my dead cold hands. The only reason we have our freedoms is because of our second amendment.

[@scooterblack5355]

He a player!! Somebody take him to Colombia.

[@michaelmayrend313]

Justice Holmes clarified later that the federal government cannot pass a law restricting a person in doing the act of yelling fire in a crowded theater, but they can still be held accountable for damages caused by their act if they knowingly knew there was no fire/danger.