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We argue there was a complete failure of proof on the critical element of capacity or intended to deceive. When deceptively hiding risks are injected into the market that does harm the counter parties and there was harm to the counter parties but also harms other participants. New York Appeals Court Wrapping up a hearing in former President Trumps bid to overturn his multi hundred million dollars civil Fraud Judgment. Trumps lawyers arguing to a 5judge Panel that the ruling was, quote, unlawful and unconstitutional. Keep watching it to see where it goes from here. Hello im John Roberts in wash...

i'm rich edson in for martha maccallum in new york at fox news head quarter. december shattering another record at the border. a caravan of thousands on the way, since december 1, migrant encounters at the southern border have topped 276,000. more than the population of reno, nevada. the highest monthly total ever. art del cueto is starting by. first to william la jeunesse with the breaking news about the northern border. >> ice revealed that it arrested an iranian national with ties to terrorism sneaking in to the u.s. near niagara falls two days after being turned away here at the ...

republican congressman john katko of new york calls the situation disorder at the border by executive order. reaction from him in a minute but first fox team coverage david sphungt is in wilmington, delaware where biden is spending the weekend and we begin with griff jenkins live in mission, texas, griff. reporter: good afternoon jon we're here in rio grand valley next to wall and turn and use a visual here with our drone you can see i'm behind wall that is intended to stop the illegal crossers from getting into the u.s. but then all of a sudden, in this section of the wall, it is no...

>> steve: todd and carley, thank you very much. 6:00 on the east coast. wednesday, june 5th. and this is "fox & friends." and we start with a fox news alert. years in the making, we saw this coming, president biden's executive order action yesterday went into effect at midnight while you were sleeping. but, you know what? republicans like it, parts of it. democrats hate it in parts of it. >> solve the problem. to me solving the problem is expanding the path to citizenship. >> it's trying to be all tough on the border. it confuses the message about what we stand for. >> brian: always ...

Get apprehended who just jumped into the country and we don't know where they're right now. >> brian: did you see the video of bill melugin in san diego. >> lawrence: with the one border agent. thanks, lucas. so, yesterday, we were just talking about this. you had alejandro mayorkas on cavuto and talking about the crisis that is happening. this is after him saying that they had operational control. >> brian: three years. >> lawrence: border is secure. and all of a sudden they want to address this with executive action. neil cavuto brought up, legal pass is at the pertinent at the crisis. i got...