Biden: Supreme Court "out of touch with what the founders intended"

Driving the news: Biden told NBC's Lester Holt in an interview broadcast that he believed the justices former President Trump "appointed have in fact been the most conservative."

• He added, "They seem out of touch with what the founders intended."

Catch up quick: Cannon, a Trump-appointed judge who has come under harsh scrutiny for setting a sluggish pace in the case, dismissed the indictment Monday, citing the "unlawful appointment and funding of special counsel Jack Smith."

• Her reasoning aligns with that of Justice Clarence Thomas' concurring opinion in the highest court's ruling that presidents have immunity for official acts.

Zoom in: "By requiring that Congress create federal offices 'by Law,' the Constitution imposes an important check against the President — he cannot create offices at his pleasure," Thomas wrote.

• "If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution," Thomas continued.

Zoom out: Biden told Holt he disagreed with "Thomas' dissent and/or the Supreme Court decision on immunity," but said he was "not surprised" by the ruling in Florida.

• Biden misspoke when he called Thomas' concurring opinion a "dissent."

Flashback: At a star-studded fundraiser in Los Angeles last month, Biden criticized the court as "off kilter" while reflecting on the Dobbs decision that overturned Roe v. Wade.

The bottom line: Both the Supreme Court's immunity ruling and Cannon's Monday decision have gifted major victories to the Republican presidential nominee, who is currently seeking to dismiss his criminal conviction in the New York hush money case.

• The historic 6-3 ruling has thrust his other two outstanding rulings into legal limbo, meaning is effectively certain to avoid going to trial again before November.

Go deeper: Biden: Trump bull's-eye comment was a "mistake"