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 always been the assumption. gerald ford pardoned richard nixon for his crimes in watergate. if he couldn t be prosecuted, there would be no need for a po pardon. for a former president, for conduct while in office. that s what the pardon was for. everyone assumed without the pardon, he could be prosecuted. once you are out of office, you are an order citizen like everyone else. interestingly
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 the water of the rio grand river. brian: we haven t solved that crisis yet. plus, three s company. job interviews are apparently getting a little bit more crowded. yeah, i m sorry, who s this gentleman sitting behind you? hello, miss lady. miss lady? employers say i want to watch the rest of the movie. employers say gen z job seekers are bringing their mom and dad to job interviews. ains
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. that is not tomorrow is, tomorrow is about whether immunity exists for a president. what do you say? correct. what is important to remember about tomorrow, is it is a question of does donald trump have to stand trial? trump is arguing that the whole case should be thrown out, before it is even tried. which is unusual in a criminal case. because under his understanding of presidential immunity,
serious infections and blood clots, some fatal; cancers, including lymphoma and skin; heart attack, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death. serious allergic reactions can occur. tell your doctor if you are or may become pregnant. done settling? ask your rheumatologist for rinvoq. and take back what s yours. abbvie could help you save. brian: we begin this second hour with a focus on president biden s border crisis everyone agrees homeland secretary alejandro mayorkas heads to eagle pass to see more for himself, he will be in texas, obviously, to get a firsthand look at the chaos that border agents deal with each and every day. steve: ted s trip comes as a new department of homeland security report reveals more than 2.3 million migrants have been released into mainland u.s.a. during the biden administration. ainsley: our co-host lawrence jones is live in eagle pass this morning. is he getting
the chain of command it was broken. why was it broken an how was that allowed to happen? he told everybody he was homeworking. he wasn t in the hospital. how did this happen? why did they think it wasn t important that the president of the united states or anybody else was informed? out of office. defense secretary lloyd austin leaving his bosses in the dark about a hospital stay at the worst possible time. all this happening while iranian backed militias hit u.s. forces overseas in syria and iraq. a mystery on our hands not solved yet. i m bill hemmer. hope you had a grand weekend. dana: great to be with you. i m dana perino and this is america s newsroom. it is baffling and the more i hear the more questions i ve had. we ll get to all of those. the strange saga engulfing the biden administration in controversy raising questions about who exactly is at the helm of the pentagon with so much at stake. bill: secretary austin went in for electrictive surgery before chris