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now. ♪ ♪ ♪ steve good morning, everybody. it is monday, january 8th, 2024. we start this monday morning with a focus on joe biden's border crisis. you have heard all about it. well, today, homeland security secretary alejandro mayorkas is going to head to eagle pass, texas to get a firsthand look at the chaos that border agents are dealing with day in, day out. thanks to this administration. >> ainsley: well, his trip comes as the new dhs report reveals more than 2.3 million migrants have been released into our country under the biden administration. >> brian: co-host lawrence ...

and i thank you. good to be back with you on this second hour of msnbc reports with jose diaz-balart. it is 1:00 eastern, 10:00 a.m. pacific. i'm in today for chris jansing. what happens today in a d.c. courthouse could be one of the most important days yet for the former president. donald trump's lawyer facing off against jack smith's special counsel team about the durability of trump's presidential immunity argument. it is now in the hands of three judges, but could this case as trump's lawyer put it open pandora's box? >> a president has to have immunity. and the other thing is i ...

with a partner that puts you first. godaddy. coming up this hour on "fox & friends." nikki haley's fox news town hall digging into the issues. and even getting some laughs in iowa. >> i think i'm going to out myself here at the beginning saying i voted for trump in 2016 and 202020. >> me too. [laughter] >> ainsley: she says being a good mother and being a good wife helped her succeed. >> steve: we have highlights coming up. and get ready to flip out over. this flippy, the robot cook is working overtime as the world's first artificial intelligence powered restaurant gets ready to open...

>> an extreme movement of america, the maga republicans led by a defeated president is trying to steal history now. they're trying to steal an election. now they're trying to steal history. >> we have an economy that's so fragile, and when there's a crash i hope it's going to be during this next 12 months. >> trump is expected to attend as a three-judge appeals court panel decides if he can be charged with election interference. >> and i feel that as a president you have to have immunity, very simple. >> the question is who's afraid of nikki haley. the answer is donald trump. >> that...

we have a lot to get to this morning, including donald trump formally taking his fight to remain on colorado's ballot to the supreme court. we'll tell you what his lawyers are arguing and why the former president is concerned about how the justices may rule. plus, back in 2020, donald trump hired an expert to prove election fraud. instead, that person found the 2020 election was not stolen. we're going to speak with that expert about what his data firm actually uncovered. also ahead, we'll dig into the ultimatum from house republicans following their visit to the southern border....