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hey, everyone. it's 4:00 in new york. i'm in for nicole wallace. special counsel jack smith is a prosecutor that stays out of the spotlight. he prefers to speak through his fiings. that's why his laltest brief in the federal election case merits our attention. over the weekend, the justice department responded to trump's claims that he is immune from prosecution. what he did was within the scope of his duties as president of the united states. it's an argument that trump was taking to the courts in order to get the whole election case dismissed. the special counsel is speaking to the...

"the story" starts now. >> john and gillian, happy new year. i'm trace gallagher in for martha maccallum. a bomb shell update to a story we've been following closely ever since this testimony last month. >> you understand that this call for intyfada is to commit gen se against israel. >> that type of hateful speech is abhorrent. >> do you believe that type of speech is contrary to harvard's code of conduct or is it allowed at harvard. >> it's at odds -- >> can you not say it's against the -- >> we embrace a commitment to free expression even views that are objectionable, offensive, h...

♪. howard: two weeks before the iowa caucuses in the republican primary has a new opponent from the ranks of those who say their defending democracy a single main democrat, secretary of state sh shanna bellows has knod donald trump off the ballot, one person a lifelong liberal a joe biden supporter following the lead of colorado supreme court in invoking the 14th amendment in declaring the former president and eligible. that would take the decision out of the voters hands and is an absolute media bombshell. when we look at iowa it's worth noting that very conservative republicans h...

♪ ♪ >> reports said at least four people are dead after a series of powerful earthquakes rocked japan. >> the country secretary one buildings were demolished and the disaster. emergency crews are still working to rescue those trapped under the rubble and president biden is pledging to provide whatever help is needed. good afternoon, in new york, happy new year, and he did. >> happy new year to you, rich, i am in los angeles and we began the special edition of "fox news live" with matt finn and japan quade spirit of matt, what more can you tell us? >> right now most of the western...

democrat governor kathy hochul bolstering security after weeks of protests targeting key transportation hubs. much more on what officials are bracing for. but first, fox on top of the over the top numbers to close out 2023 at the border. migrant encounters hitting an all-time high. and on wall street, stocks hitting a series of highs, and on the campaign trail where tensions on both sides couldn't be higher. donald trump getting banned from another tate ballot. state ballot. meanwhile, republican presidential candidate nikki haley is here on that as the first big contest in two key s...