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on the east coast, 8:00 in los angeles and this is america's late news, fox news at night. >> breaking tonight the supreme court will not consider former president trump's claim that he's immune from prosecution in the 2020 election interference case for now. that decision a big blow to special counsel who wants to keep mr. trump's march trial on track. the chief correspondent jonathan hunt is live with what more this means -- what this decision means and how it could impact the 2024 leeks. good evening, jonathan. >> good evening. today's refusal by the supreme court to take up the p...

third hour of "fox and friends" starts right now. >> brian: we begin this hour and final hour of the show on "fox and friends" with a news alert. former president trump vowing to fight back after being kicked off the gop primary ballot in colorado. >> steve: colorado state supreme court ruled former president trump violated section three of the 14th amendment because of his actions on january 6. >> carley: former trump attorney will join us live. first peter doocy is live outside the white house with more on this developing story. hi, peter. >> peter: donald trump has a lead, he has ...

. yo promisesed d to reiton in the abuses of those in power to take your liberty, your propert p y, your reputation d ,and indeed your life,ee he promised humility that is so often found when the powerful embrace fairness as their sur foundation. gar >> sure doesn't seem that way, does it? gary shapleighy , as hisiservisy supervisor, special agent for the irs, where he's worked for 14 years in january twenty twenty , he was assigned to what he calls a high profile investigation. who's the subject of the investigation? >> can'ti can't confirm or deny the subject to this investigation....

in tonight with its opposition to gop calls for stronger work requirements to be included in o anpposity budget agreement thatd be paired with a debt ceilingde increasebt cei. the issu now, the issue of a work requirement has actually emerged as one of the biggest remaining hurdles for reaching an agreement between negotiators for the white house and houseite ho republicans. rhere is a top gop negotiatous who's weighing in on thisighi tonight. that's louisiana congressman garret graveng in on thi's loui he said tonight his party will not drop their demand for tougher work requirement...

washington. penny is charged with the death of neely. alvin bragg needs the go-ahead from a grand jury before he can prosecute. neely made comments and his attorney describing something the grand jury will have to consider, penny's state of mind when he restrained neely. >> what was his mindset when he put jordan neely in a choke hold? >> well, the mindset is pretty simple. he was fearful for the safety of those passengers. so when he acted, his mindset was to keep his fellow passengers safe from attack. >> dana: nate foye is live with more. >> the vet says he would do the same thing...