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to arrive at the d.c. appeals court. three-judge panel will hear arguments whether or not the former president is immune from prosecution. this in connection with special counsel jack smith east election interference case. the hearing we'll hear it by way of audio inside the court. so stand by for that. it will start in about 30 minutes from now. we'll get to that. from last night check it out. >> biden is not talking to his secretary of defense every single day. when i was at the u.n., we knew the intel, we knew the health of everybody in every country. they know what's happening to...

>> steve: all right, welcome aboard, hour three of "fox and friends." coming up defense secretary lloyd austin seen there. apparently still in the hospital. u.s. forces in iraq and syria hit with a dozen attacks since his secret hospitalization. impea impeachment -- >> ainsley: "fox and friends" exclusive, lawrence is at the border getting a look along the rio grande river. >> do you mind asking them where they are coming from. >> nicaragua and going to houston and california. >> brian: wow, plus a couple says i do, the venue says we don't. pop-up wedding without permission, that cou...