Hey everyone. It is 4 o'clock here in New York. I'm Elissy Menendez in

for Nicole Wallace. We have a lot of news to get to today, including the release of a report

by Special Counsel Robert Her and President Biden's handling of classified documents.

The Special Counsel found evidence that President Biden, quote,

willfully retained classified materials,

but found no reason to press criminal charges.

And drew a clear distinction between the criminal probe

into Donald Trump's handling of classified documents and his findings regarding

President Biden.

Her said that the longstanding Justice Department principle that you cannot indict a sitting

president does not apply, that he would not bring charges even if Joe Biden were sitting president.

even if Joe Biden were no longer president.

We're going to have more on that later in the program, but we begin with a hearing at the

nation's highest court, a historic hearing for some very big questions about

the Constitution, the future of our democracy, and at the heart of the case a request

from voters for some accountability for an

accountability un unprecedented insurrection.

First up in today's hearing, Jonathan Mitchell,

an attorney for Donald Trump, he argued among other things

that January 6th was not an insurrection, that it was a riot.

He also argued that the president is not technically an officer of the United States.

Here's what Justice Sonia Sotomayor had to say about that.

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