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♪ ♪ we're all excited the gang is back together this wednesday morning after a christmas holiday. a christmas break for each of us. it was a wonderful time. makes us all grateful for this job and we are all back together. feels good. >> steve: feels great. welcome back, brian. >> before yesterday. >> we were here, and griff jenkins was here as well through the entire holiday. hats off to him and everybody else who filled in the chair. >> brian: must have been tough for him to not surf. griff prefers to surf. >> steve: i was talking to griff yesterday because is he going to go dow...

congress for failing to pass a spending bill. >> ainsley: peter doocy is live with the latest, hi, peter. >> peter: his face was so red, like he was embarrassed or likely at some point forgot to put on sun screen. the first policy he was asked about in the new year was immigration. [indiscernible] -- >> president biden: they have to give me the money i need to protect the border. >> peter: he plans to reopen four points of entry, two in texas, one in california and one in arizona. cbp has been overwhelmed by the 302,000 migrants showing up in december. the white house wants supreme c...

all right. dana, thanks. >> dana: have a great show. >> bret: gogood evening. i'm bret baier. breaking tonight, we are following two major stories, first former president donald trump is appealing a decision by maine's democratic secretary of state barring him from primary ballot in his role january 6th, 2021 capitol riot. expecting a similar appeal over colorado's decision to remove the decision from that state's ballot. we begin with claudine gay's resignation as the president of harvard university. the departure comes amid several plagiarism accusations criticism over her december...

jack smith to accelerate a decision on donald trump's claim of presidential immunity in his federal election criminal interference case. now, the one sentence reply -- the order from the supreme court reads, quote, the petition for writ of serzh yry is denied. in other words we're going not going to -- the appeals process could give donald trump ample time to further delay this case, which is of course supposed to go to trial just a few months from now, the first week of march. trump may now try to delay the start of the trial until the calender begins to encroach on next november's ...

east coast 8:00 here in los angeles and this is america's late news, fox news at night. and breaking tonight, president biden is reportedly getting more and more frustrated with his dismal poll numbers and not just his anemic approval rating but also a variety of polls that show him losing to former president trump. and to add insult to injury, fox news has brand new polls tonight and for president biden there are no bright spots. the chief correspondent jonathan hunt is live to kind of help us break down the numbers. jonathan good evening. >> reporter: good evening trace, president ...