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and for those keeping score at home, it's two democratic appointees and one republican appointee who are hearing this case, which i think lends some optimism to the -- jack smith's team because of that makeup. it's also true, this argument for donald trump is a pretty extraordinary stretch. remember when we covered the mueller investigation. and there was much sdiscussion that there's is a justice department policy. not a law, but a policy, that says a sitting president should not be indicted. implicit in that policy, of course, he could be indicted later for something he did. that's...

>> steve: thank you, carley and todd. good morning everybody, it's tuesday january 9th, 2024. come up this morning on "fox & friends." president donald trump is in washington at this hour. three judges later today will hear arguments on whether he has presidential immunity in the federal election interference case that has been brought against him by the federal government. we got a live report in 25 seconds. >> ainsley: steve, we have a "fox & friends" exclusive. lawrence is down at our southern border. is he getting a firsthand look at the migrant crisis on the ground there and in ...

people can be indicted a bunch of times and still run for office. a black man can't. you just learn to be good, and in the and you benefit from that extra resilience. >> coates: i want to get right into all this with attorney jeffrey toobin, he is the author of the nine inside the secret world of the supreme court. as well as home grown timothy mcvay, and the rise of homegrown extremism. jeffrey i'm glad you're here tonight. first of all take a step back with me. many people are wondering if tomorrow is the day that the appellate court will decide that trump committed an insurrection...

hour. what an inspire story. >> sandra: i love a good story with a happy ending. this very special conversation coming up as the student athlete, the sixth grader and his mother, all join us live coming up. we'll start things off with this fox news alert. >> john: secretary of state antony blinken wrapping up his historic trip to beijing and attempt to clear the air between the world's top two superpowers. >> sandra: they say the conversations were constructive but admitting they failed to reach notable breakthroughs on taiwan, slamming the talks as fruitless. >> the risk here of thi...

u.s. department of agriculture considers a ban on the childhood treat in school cafeterias. congresswoman elise stefanik tells us why it is not only government overreach but could hurt her constituents. >> john: stunning video of a ten-foot croc after it made its way into somebody's back yard pool. we'll talk to one of the men who secured it about his 40 years in the wrangling business. >> it's 3:00 a.m., you know what time it is, let's get ready to commute. >> sandra: that is a young south carolina woman landing an internship in new jersey. but instead of finding a place to live up ...