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>> hello, everyone. i am here with kennedy, jessica this is the five. ♪ ♪ tyrone, joey jones, kennedy. >> katie: and he's out o and he is out of office. well, not yet. president biden using the kids upstairs instead of -- and stepping foot down. for the long holiday weekend. joe is hoping for rest and relaxation. nearly 2,000 miles away from all the problems he is facing in washington. which now includes an impeachment inquiry. his sons' -- son's two indictments. the big guys already on our the time. skipping a year and news conference. not surprising why he is supporting the pro...

>> katie: i'm katy pavlich along with tyrone, joey jones, kennedy. >> katie: and he's out of office. well, not yet. president biden using the kid stairs and stepping foot down in warm st. croix for the long holiday weekend. joe was hoping for a little rest and relaxation nearly 2,000 miles away from all the problems he is facing in washington which now includes an impeachment inquiry. his son hunter's two indictments and the doom spiral at the border. the big guy is already on island time, skipping a year end news conference. not surprising why he is avoiding the press. who would wan...

>> claudia: welcome back to a special edition of fox news live. former president donald trump asking a federal appeals court to throw out the criminal case alleging he interfered in the 2020 election. the president and his legal team claiming absolute presidential immunity protects him from prosecution. welcome to a brand-new hour of fox news live. merry christmas, i'm claudia cowen. >> i'm rich edson. trump's filing with the u.s. court of appeals in d.c. comes one day after a big setback for special counsel jack smith. the u.s. supreme court refused his request to fast track his imm...