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right now on "early start," the new poll releasing this very minute showing nikki haley is closing the gap on donald trump in one early primary state. plus the republican front runner planning to be in court just hours from now while his lawyers argue he's immune from prosecution. hi, everyone. welcome to our viewers in the united states and around the world. good to see all of you. i'm omar jimenez in for kasie hunt. it is tuesday, january 9th. we are we have a lot of news to get to. let's get going. we want to start with 5:00 a.m. in washington. we have a brand new cnn poll for...

>> president biden appearing at the house hearing to consider holding him in contempt of congress for defying the subpoena last month. his political stunt is setting off fierce reaction. >> what is hunter biden so afraid of? you are here for a political stunt. a game you are playing with the american people. >> what do you think about the fact the chairman gave this witness the opportunity to come before the full committee and he agreed before that. we issued congressional subpoena and with your constitutional law background, you know what that means and he should have showed up and ...

Procedure? they don't even bother to let him know when a top cabinet official undergoes the knife for a cancer treatment, that is a serious problem, the world is on fire and troops being attacked in middle east and defense secretary thought this was appropriate time. i understand not a lot he can do, but he did not think it was good for him to step down if he can't fulfill his responsibilities and biden is not going to fire austin over this? serious dereliction of duty and seems this administration is running on auto pilot. >> emily: i worry for co consequences of what this dearth of accountab...

>> thank you so much. we're following growing backlash over lloyd austin's sudden hospitalization on new years day. the problem is president biden and others didn't know until days later that austin was even in the hospital. the white house says the president has no plans to fire austin, but there already will be a review of the process and procedure. alex march quart has more. >> reporter: it has been a week since the country's most senior defense official has been in the hospital. very few people were aware. the pentagon now says that secretary of defense lloyd austin was rushed to walter ...