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>> steve: good morning, everybody. it is wednesday, january 10th. looking at the clock its 7:00 in the east. this is "fox & friends" live in -- as you can see new york city and over there guys in d.c. brian will be talking in the second. in the meantime florida governor ron desantis predicting he will do well in iowa during last nights exclusive town hall here on fox. fox news power rankings put him behind nikki haley as she is now surging in new hampshire. >> ainsley: plus, new york c...

Supreme court. i guess, pete, you would think its conventional assumption that they should be able to do this, though. >> reporter: federal law does provide them immunity unless they act in bad faith and thats the question here. this involves a pilot for air wisconsin airways flying commuter planes for united express. he had to take new tests to be upgraded to a different plane and he failed a simulator test three times. he claims he was set up by people in the airline who wanted him out. but in...