>> ♪ ♪ >> Sandra: WE ARE STILL WAITING FOR THE SUPREME COURT'S OPINION ON DONALD TRUMP'S PRESIDENTIAL IMMUNITY CLAIM. ONE DAY BEFORE THE CNN PRESIDENTIAL DEBATE. THE NEXT TRANSFER HIS DECISION IS TOMORROW, JUST HOURS BEFORE THAT FIRST FACE-OFF MARK DOES THE COURT TAKE THAT INTO ACCOUNT? FOX NEWS SUNDAY ANCHOR AND CHIEF LEGAL CORRESPONDENT AND DREAM, AND FOX NEWS LEGAL EDITOR KERRI URBAHN DURING A SNOW. THANK YOU FOR BOTH OF YOU JOINING US. SHANNON, DOES THE COURT TO GET INTO MINE. >> -- WHEN OPINIONS ARE READY, WE RELEASE THEM. I THINK THAT THEY'RE OBVIOUSLY AWARE AS PEOPLE WHO LIVE AND BREATHE AND RED NEWSPAPERS AND SENIORS ACCOUNT THAT THERE'S A RESIDENTIAL LIVING TOMORROW NIGHT BUT THE COURT IS ALWAYS SAID IT WANTS TO BE AS APOLITICAL AS POSSIBLE AND THAT IS SOMETHING THAT THE TEAM HAS WANTED TO PROTECT THE PUBLIC REPUTATION OF THE COURT, AND ANY APPEARANCE OF TRYING TO BE POLITICAL IN ANY WAY THEY'RE GOING TO TRY TO WANT TO AVOID THAT. IF ANYTHING I THINK WOULD MAKE THEM HOLD ONTO THE DECISION TO FRIDAY, WE COULD GO INTO NEXT WEEK OR EVEN LATER BUT IT'S POSSIBLE RELATED TO MORE ON THE WEEKDAYS PEOPLE I GUESS ANYTHING COULD HAPPEN MISS THAT. SO WHAT DO YOU THINK ABOUT THIS? DO YOU THINK THE COURT KNOWING WHAT CHALLENGES SAID THEIR PEOPLE TOO, THEY KNOW WHAT IS GOING ON. THAT PLAY A PART? >> ACTUALLY COMPLETELY AGREE WITH JANET IN THAT IF ANYTHING I THINK IT MAKES THEM ALL THEM MORE MOTIVATED TO WAIT UNTIL THE LAST DAY BECAUSE THIS PRESSURE THEY'VE BEEN GETTING FROM THE OUTSIDE, THIS CRITICISM ANOTHER "TAKING TOO LONG, LOW ACTUALLY THIS REPORT IS ACTING CURRENTLY -- UP REALLY CONSISTENTLY WITHOUT -- YOU HAVE TO NEXT RIGHT HERE IN THIS CASE AND WE ONLY HEAR WHAT, ONE AND HALF AGO, TEEMAK MONTHS AGO? SO NORMALLY IN THE NORMAL ORDER, OF COURSE,, A CASE OF THIS MAGNITUDE ARGUED THIS LATE IN THE TERM WOULD COME DOWN ON THE LAST DAY SO REALLY, ANYTHING BEFORE THAT WOULD BE THEM ACTING OUT OF CHARACTER AND SO I WONDER -- TO SOME OF THESE FOLKS WERE DECIDING THE COURT JUST TO UNDERSTAND HOW THEY NORMALLY OPERATE BECAUSE THEY ARE ACTUALLY NORMALLY OPERATING RIGHT NOW. >> Sandra: OKAY. AS FAR AS SHANNON ACTIVIST JUDGE THAT THE ONE WHERE SEAN JUDGE, PARTIALLY LISTING THE -- LIFTING THE JOINT -- GAG ORDER IN TRUMP IN THE NEW YORK CASE, HOW DOES THAT ALLOW HIM TO SPEAK APPARENTLY ON THE DEBATE STAGE TOMORROW NIGHT IF THIS DOES INDEED COME UP? >> WELL HE IS ALLOWED TO TALK ABOUT WITNESSES AND THE JURY AND SO YOU CAN PICTURE MAYBE TALKING ABOUT, YOU KNOW,, MICHAEL COHEN OR EVEN STORMY DANIELS OR MAK I MEAN THOSE ARE THINGS THAT UNTIL THIS POINT THAT, OR HAD EXISTED. NO REMEMBER, OF COURSE, THE FORMER PRESIDENT HAD VIOLATED IT, HAD BEEN FOUND IN BY LEGITIMATE NUMEROUS TIMES AND HAD BEEN FINE OVER IT SO IT HASN'T REALLY SLOW HIM NORMALLY DOESN'T MEAN HE'S GOING TO BE ABLE TO TALK ABOUT PROSECUTORS OR COURT EMPLOYEES OR THEIR FAMILIES. SO YOU'VE HEARD HIM ON THE STUMP TALK ABOUT THOSE THINGS, YOU HAVE TO BE VERY CAREFUL BUT HE WILL HAVE NO THE OPEN DOOR TO TALK ABOUT WITNESSES HE FEELS LIKE WERE UNTRUE OR REALLY HURT HIS CASE IN A WAY HE FIND UNJUST. >> Sandra: WHAT THE -- >> HE CAN TALK ABOUT WITNESSES AND THE JURORS IF HE CHOOSES TO BUT, YOU KNOW, I THINK WHAT MAY MOST IMPORTANTLY DON'T WANT TO BE ABLE TO TALK ABOUT ARE THE INDIVIDUAL PROSECUTORS THEMSELVES AND WHY IS THAT? BECAUSE WE KNOW THAT THE FORMER NUMBER 3 BEAUTY OFFICIAL LEFT THAT PRIME SPOT TO GO BECOME EFFECTIVELY ALVIN BRAGG'S RIGHT-HAND MAN AND DRIVE THIS CASE SO WHEN DONALD TRUMP TALKS ABOUT BIDEN'S DOJ IN AFTER ME, THAT IS WHAT HE IS TALKING ABOUT. OFF COURSE WE DON'T HAVE ANY EVIDENCE TO SUGGEST THERE WAS ANY KIND OF COLLABORATION BETWEEN THE DEPARTMENT OF JUSTICE IN THE NEW YORK PROSECUTORS HOWEVER, I WONDER, YOU KNOW, IF YOU WANT TO TALK ABOUT THAT -- MATTHEW CARTER LOWE, HOW FAR CAN HE GO BACK AND HE SAY BIDEN THE ORIGIN AND IS THAT OKAY? BECAUSE IF YOU START TALKING ABOUT COLANGELO BY NAME THAT CAN -- RIGHT AT THE GAG ORDER THAT HAS BEEN IMPOSED UPON HIM. >> Sandra: FINALLY IF I CAN ASK YOU BOTH KNOW ABOUT THIS REPORT NOW ACKNOWLEDGING THE ACCIDENTAL POSTING OF THIS IDAHO ABORTION CASE DOCUMENT THAT MAY HAVE REVIEWED THE OUTCOME OF ONE OF THESE CASES? >> IF YOU WANT ME TO TAKE THAT, FIRST OF ALL I WAS -- THERE WAS A DOCUMENT THAT WAS POSTED AND WE HAVE -- SO REALLY UNTIL THE MINUTE TO DECIDE ITS OFFICIAL IN THE RELEASE THAT PEOPLE CAN BE CHANGING THEIR OPINIONS, THEIR CONCORDANCES, THEIR DISSENT, AND WHAT WE'VE SEEN THAT DOCUMENT TURNS OUT TO BE ACCURATE IN THAT THERE'S A LOT OF BACK-AND-FORTH IN TENSION BETWEEN JUSTICE KAGAN, JUSTICE ALITO AND OTHERS AND DATES MAY SCHMIDT BUT AGAIN THE COURT SAYS ITS JUST A DOCUMENT, NO OPINION HAS RELEASED JUST YET. >> Sandra: REALLY RARE THAT WOULD HAPPEN, RIGHT, CARRY, WHAT DID NOT TELL YOU? >> WHY CANNOT IT WAS INTERESTING BECAUSE YOU REMEMBER THE FACT THAT THEY TOOK UP THIS CASE AT ALL WHEN THEY DID IN THE TIMELINE WAS HIGHLY UNUSUAL AND EXTRAORDINARY PRIMITIVE SOMETHING, THEY GRANTED SOMETHING CALLED CERB BEFORE JUDGEMENT WHICH MEANS THAT IF THE COURT BEFORE IT ACTUALLY HAD GONE THROUGH ALL THE APPELLATE COURTS THAT -- RESTED LIKE THAT IN THAT -- UTMOST, HIGHEST IMPORTANCE IN PUBLIC SO GIVEN WHAT'S BEEN GOING ON IN ABORTION, I DO HOPE I ABORTION LAW, THE GO AHEAD, GRANTS OR BEFORE JUDGEMENT SO YOU WOULD'VE THOUGHT NOT FOR SURE THEY WERE GOING TO ISSUE SOME KIND OF DECISION ON THE MERITS OF THE CASE. INSTEAD ACCORDING TO THIS -- IS NOT FINAL YEAR, THINGS COULD CHANGE BUT WHAT WE SAW TODAY IT LOOKS LIKE THEY SAID ACTUALLY NEVERMIND. WE JUMPED THE GUN, WILL SEND IT BACK UP WE'LL HAVE THE NINTH CIRCUIT TAKE A LOOK AT IT AND THEN IN FACT THE CASE CAN COME BACK BEFORE THEM AGAIN. >> Sandra: ALL RIGHT, LADIES -- >> -- >> Sandra: GO AHEAD, WHAT ISSUES ARE. >> I'LL JUST SAY I HAVE TO WONDER AND I'LL BE HERE TO KNOW WHAT CHINA TAKES ABOUT THIS, YOU KNOW, INITIALLY WHEN THEY GRANTED THAT SECOND -- IT STRUCK ME AS A BIT REACTIVE, EMOTIONALLY REACTIVE WITH THE PRESSURE AND THE POLITICS OF ABORTION AND NOW AGAIN WHEN THEY'RE KIND OF SAYING THAT'S ACTUALLY NEVERMIND CAN WE DON'T WANT TO LOOK AT THIS ANYMORE, IS THAT ALSO A REACTION TO THE PRESSURE AND THE POLITICS OF ABORTION LEADING UP TO THE SELECTION. IT'S SCARY INTERESTING. >> Sandra: SHANNON, REALLY QUICK. >> REALLY QUICKLY IT'S REALLY WHERE THAT THEY DO THIS WHERE THEY HEAR THE ARGUMENTS GAHEER THE CASE, THAT DOWN, HAVE THEIR CONTENTIOUS ARGUMENT OVER BEHIND CLOSE