claudia: welcome back to a special edition of fox news live. former president donald trump asking a federal appeals court to throw out the criminal case alleging he interfered in the 2020 election. the president and his legal team claiming absolute presidential immunity protects him from prosecution. welcome to a brand-new hour of fox news live. merry christmas, i m claudia cowen. i m rich edson. trump s filing with the u.s. court of appeals in d.c. comes one day after a big setback for special counsel jack smith. the u.s. supreme court refused his request to fast track his immunity claim for trump. the case hinges on whether president trump was acting as president or a candidate. his strategy is to run out the clock and he has a lot of tools to do that. and he may be successful. the issue here i think everyone agrees that there is something called absolute immunity for your official functions, if you are performing an official function the president has immunity and