racking up credit card debt. dana marie in florida. >> i can tell you, it has been an extremely busy day, stores opened early. tomorrow is super saturday, the biggest shopping day of the year, bringing even more shoppers out than black friday. retailers are excited, consumers are spending record-breaking amounts of money. >> i panicked this morning, ran to the mall to get this done. very, very last-minute. i'm glad they opened so early and glad they have a great selection here. >> i'm trying to get -- i'm thinking about a pandora charm for my grandma, and i already have something for my grandpa but maybe like a t-shirt, and i don't know really what brand he likes. >> they say shoppers on average spend $875 on gifts, holiday

decorations and food, with clothing and gift cards the most popular item. shoppers are hoping to catch the last-minute deals. it is so busy here that the stores behind me are now taking reservations for the fitting room. so if that's something you need to do today or tomorrow, make sure you are prepared. >> appreciate it. >> please leave the building. please leave in front of the building. >> we are asking them to leave. they need -- admit the arabs are coming. >> john: growing divide over israel turns physical in detroit. a mob of anti-israel protestors crashed an event of a minority congressman for supporting israel. that's where we start.

welcome back to you. >> jacqui: i'm jacqui heinrich in for sandra smith. this is "america reports". video highlighting a nationwide trend in the weeks since october 7th. progressive protestors harassing celebrities, lawmakers and every day jewish american who is have a different perspective on the war. >> john: the out of control melee was an effort to harass an congressman, indian immigrant, who supports policies and was a member of the democratic socialists of america but learning that supporting israel comes with a price in some circles. >> jacqui: complete coverage now. author bethany mandel why more is not done to combat the violent and intimidating tactics. garrett, did anything happen to the protestors in this case? >> jacqui, nothing happened to them. no arrests, even though at least one person was taken to the

hospital and this happened at a holiday party in detroit that was supposed to focus on unity among democrats. instead, several dozen pro-palestinian protestors aggressively pushed their way in to confront the congressman over his support for israel and things escalated. democrat party goers describe them as rioters who refused to leave and created mayhem by fighting people when they were being forced out. in this video we want to warn you is graphic, at least one woman, a democratic activist who was hospitalized with two black eyes and bloody nose from the pro-palestinian crowd who continued to pound on the windows of the restaurant chanting for a ceasefire. later that night, some of that crowd then showed up outside congressman tanadar's home in the middle of the night, honking horns and yelling on a bull horn. neighbors called police but they took off before police arrived.

the congressman is not backing down. next morning he posted they created a situation of violence where innocent party goers, including elderly people were injured, some seriously. i love and value the first amendment and encourage civil disagreement but violence of any kind is unacceptable and if these protestors think hurting senior citizens at a christmas party is going to win people to their side, they are very mistaken. detroit has a very large arab and muslim population and similar to president biden, tanadar has gotten a lot of people over his support for israel. no charges and no arrests from saturday's unity party, about you detroit police say they are investigating. jacqui. >> jacqui: wow, thanks so much, garrett. >> john: bethany mandel, co-author of the book "stolen youth." not only did the pro-palestinian anti-israel protestors target the holiday event he was having, but hours later, 3 o'clock in

the morning, they showed up in front of his house blaring horns, yelling at him because he supports israel. you have to wonder what's going on in the world these days. >> it's terrifying and not even just supporting israel. my former synagogue here in washington, d.c. a couple days ago, a guy -- this is simultaneous to a bomb threat that was happening at the synagogue, a guy drove up in a rented u-haul truck, drove into the barricade parked right outside and started trying to get in and because the doors were locked because of security concerns he stood outside and when folks were exiting he started spraying them with an unknown substance screaming gas the jews. it's not just about support of israel, it's outright antisemitism in a lot of instances. protests outside kosher residents, vandalism outside restaurants and synagogues, it's

jew hatred and the line between is dissipating by the hour. >> jacqui: also at what point do police need to take additional action, you know, arrest some people in the moment because you do see them, for instance, in new york, you know, rushing in to rescue the mother of a 19-year-old hostage who was mobbed trying to raise awareness about her daughter, taking action to bring that woman to safety, that mother to safety but conversely not a lot of arrests in these protests. and you know that am month, right. >> yeah, i do. i'm friends with folks who were there, i'm friendly with the mother, we became friendly because of this whole situation. her daughter, 19 years old, and she is famous because the video of her being dragged out of jeep in gaza, she's covered in blood and her mother wrote a really powerful piece for the free press saying basically my daughter is almost certainly the victim of a sexual assault and now we are hearing reports that there are reports of hostages

who were released who were also the victim of sexual assaults and that woman is being -- the mother of that young woman is being accosted on the streets of new york city by people who call themself progressive. i'm sorry, what happened to believe all women. that has gone out the window and instead they are screaming and assaulting and harassing the mother of a young woman who was almost certainly held in the most dire of conditions for the last 76 days. >> john: sheryl sandberg, former ceo of facebook and hillary clinton tried to bring attention to the fact that hamas is using sexual assault as a weapon and women's groups, particularly u.n. women are not doing much about it. another case as well that looks like it could be antisemitism, dan kalb, a progressive environmentallist in california, and oakland city councilmember, had been invited to come to u.c. berkeley to talk about environmentallism but was disinvited because he was pro

israel and apparently students are question the legitimacy of his views and accusing him of apartheid and ethnic cleansing. >> we are seeing betrayal and i say this as a former progressive liberal person, a betrayal of everything they stand for as progressives. it does not make you less of an environmentallist to think that the long, long history of the jewish people in the state of israel -- three days before christmas, jesus was a jew and was born in bethlehem and yet they are claiming that that land was not initially jewish. but they are stripping away every bona fide of anything that anyone claims to be progressive. the jewish state to self-defense, on 10-7, there was a massacre of historic proportions that happened against the civilian population, children were killed in their beds and ripped out of their

beds and took to be hostage and the trauma the individuals have experienced because of that has been compounded by people here in america saying you are not entitled to defend yourself and you are not even entitled to fight to try to get the rest of the hostages back. >> jacqui: seems also the universities are a place to be examined, he's disinvited, university of minnesota, the top candidate for dei job was a person screaming or chanting global lize the intifada. >> that was the mass murder of jews and came on the heels of the palestinians being offered a state and instead they decided to -- and so they want to globalize that experience. we have been down this road before. >> john: it's chilling to see it, too. hope you have a great holiday. appreciate it. >> jacqui: major storm is

flooding neighborhoods across southern california. ventura county got hit with a month's worth of rain in a single hour, washed out roads, caused mudslides and it's not even over yet. folks are bracing for more showers tonight. fox weather max gordon is live in ventura county. what is it like on the ground there? >> hey there, jacqui. we have had a tremendous amount of rain here in ventura county over the past couple of days. o one rain gauge, saw 16 inches of rain the past five days. as you can see around us, we are seeing some blue skies, peeks of sunshine and that's allowing creeks, rivers, streams to go down, this is the ventura river, and it's going down by the hour. good news for folks in the area. this is marked by periods of heavy rainfall in short amounts of time. a months' worth of rainfall in

oxnard, water rescues and including at a senior living center where residents were evacuated. good samaritans were lending a hand as well, in santa barbara, a man rescued a man and child, and not only people that need to be rescued. they rescued sage, a yellow lab, trapped under a deck after crawling through a small opening. they removed part of the deck and rescued the dog. and driving conditions throughout southern california has been dangerous with spinouts and crashes throughout the southland. luckily most flooding has dissipated on roads. there are some showers and rain storms expected throughout the day today but nothing like over the past few days, though ventura county is offering sandbags for those who need it. >> jacqui: hope they are through the worst of it. thanks so much.

>> john: hollywood, somebody attacked actor charlie sheen at his home, nearly strangling him. a live report coming up. >> jacqui: as the u.s. navy surges ships to the red sea, we are learning iran is giving the houthis realtime intelligence through a spy ship. >> john: and a grim milestone in the war against hamas. a u.s. citizen taken hostage has died. the first american death in captivity. talk to a senior advisor to prime minister benjamin netanyahu coming up next. with 30 grams of protein. those who tried me felt more energy in just two weeks. -ahh, -here, i'll take that. woo hoo! ensure max protein 30 grams protein, one gram sugar, 25 vitamins and minerals, and nutrients for immune health. (♪) i'm jonathan lawson, here to tell you about life insurance

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crisis. and just yesterday, the white house says president biden spoke with his mexican counterpart about reopening the ports of entry between the neighboring countries. railroads like union pacific had complained this really was impacting cross border commerce. >> jacqui: back to some breaking news from the mideast, iranian spy ship has been providing realtime intelligence to the houthi rebels to target ships in the red sea. bring in michael allen, served on the national security council under president bush, this apparently has been known to the u.s. government since october, but we are just learning about it now? why is that, you think? >> well, i don't think the administration wants to revisit its iranian policy and they don't seem very interested in trying to rebuild american deterrence, be it in the middle east or elsewhere. now that the news is out, president biden is under even

more pressure, pressure that he's feeling from retired generals and others in the united states and around the region who believe that the american shipping, american navy, the vessels in the red sea shouldn't be so blanketly targeted by a rag tag terrorist group supported by iran. about you now we know if iran is supplying targeting to them, the iranians are very much behind this. the link between the two is now truly undeniable, and i think it puts pressure on president biden to do something. >> john: yeah, you would think that the houthis are a pretty small organization compared to the u.s. military, and if they wanted to sends them a message to stop doing what they are doing, that they would attack them directly. now the houthis are saying ok, america, bring it on. listen to what one official said the other day. >> we will not stand idly by if the americans commit foolishness by targeting our country or waging war against it. any american targeting our

country will be targeted by us and we will make american battleships, interests and navigation a target for our missiles, drones, and military operations. >> john: compared to the u.s. military, houthis are a fly on a dog's back and yet they are saying this stuff and the biden administration is like ok. fine, we'll keep shooting down your drones, that's it. >> the threat they won't sit idly by, they are not sitting by today. i think we have seen through ukraine and through the middle east that a theme of the biden administration is we don't want to escalate any of these conflicts and that makes sense but up until a point when it becomes paralysis by analysis. they are thinking too much about these things, they need to simply try and move some of these chess pieces off the board and take out some of the missiles that we are being targeted with in the region. it's not just by the way a destroyer in the red sea that

could get targeted and we would lose a number of sailors, it's al-asad air base, it's the u.s. embassy in iran, one of these days, one of these rockets is going to hit a mess hall or hit a vessel and then president biden will have to go in heavier than he is now. better to do it now, try and deter these type of strikes than wait. >> jacqui: the administration has not even redesignated the houthis as a terrorist organization, they undid it in 2021 for humanitarian reasons but have been placed under review the decision for several weeks now, admitted they are revisiting it, we don't hear about a timeline, seems to be placating everyone's concerns, just saying it's reviewed. >> so obvious it was a terrible decision they made at the beginning of the administration. almost like a religious fervor around trying to do an iran deal

to not just settle the nuclear issue, but also to try and do something about having better relations with them going forward. but now i think it's totally undeniable that iran is activating all of its proxies all across the region and at least four different theaters and i don't think president biden can just sit by idly and let people threaten us when we could easily take out a lot of their missiles. by the way, israel does this all the time in lebanon. they take out missiles that the hezbollah and others would want to target. >> john: and as ronald reagan proved, trump proved, you hit them hard they back off. this is clearly about israel and saudi arabia normalizing relations. iran does not want to see that happen, hezbollah does not want to see that, why don't they say sorry, pound sand, we will send a message you can't derail this. >> i wish they would.

they don't want to admit they were wrong on trying to redo the iran nuclear deal and wrong with the undesignation of the houthi, but i don't think they want to confront in an election year all the -- everything that would result from a complete reassessment of what an iran policy would be, and now it's very clearly iranian support to counter terrorism everywhere. >> jacqui: and danger for everyone in the meantime. >> look out in 2024. >> john: michael, thank you for coming in. hope you have a good holiday week ahead. chick-fil-a fans know all too well not to show up on sundays. many people like my daughter are disappointed about that. but a new law in new york would force the fast food joint to stay open seven days a week in some locations and critics say that could be targeting the founder's faith. stay with us.

>> jacqui: learning some tragic

news out of the mideast. an american citizen held hostage by hamas has died in captivity. he's believed to be the first american hostage to die. he was 73 years old when hamas terrorists kidnapped him along with his wife while they were out for a morning walk in their kibbutz. c.b. cotton has more on this story. >> after more than 70 days, the family knows he has died but israeli officials still have not elaborated on the details of his death. hostages and missing persons family forum says he was full of humor, always making people around him laugh, adding that he was a flute player in the idf orchestra. he's seen here with his wife, 70-year-old judy weinstein, still being held in gaza. both were taken on the morning of october 7th from kibbutz nir oz while out on a walk, according to the hostages and missing persons family forum which also says his wife managed to notify friends they had been

shot, and gadhi was critically injured. kibbutz nir oz telling fox he was a sharp human being, a gifted wind instrument musician from the age of 3, connected to the earth. a chef, and a believer of a healthy vegan diet and sports. according to reports, he was a father of four, and a grandfather of seven. hamas has yet to release his body. this heartbreaking news coming as the fighting continues in gaza with israeli defense minister gallant telling "the times" of israel, and prime minister benjamin netanyahu with this promise. >> we are fighting income victory, we will not stop the war until we achieve all its goals, destroying hamas and releasing all our hostages. >> 129 hostages are believed to

still be hostage in gaza. jacqui. >> jacqui: thank you so much. >> john: mark regev, senior adviser to benjamin netanyahu and former ambassador to the u.k. mark, the tragic news that he has died, i assume it's of the wounds that he suffered on october 7th, his wife judy still being held hostage. do you have any more information surrounding how he passed and what will happen now? >> nothing, john, more specific to share at this moment except that we don't have the body, the body is still in gaza. but we know he's dead, and that sad news has been shared with his family and the members of his kibbutz, his community where he lived. it's very sad. unfortunately he is maybe the first american hostage to have been killed that we know that they are dead, unfortunately, but he's not the first israeli.

we have had a whole series now of people who we know they are dead, they were alive when hamas attacked on october 7th, they were taken back to gaza and now we know they are dead and hamas is responsible and i think this is a reminder for all of us, who hamas is and what they are all about. this is a brutal terrorist organization capable of the most horrific violence against innocent civilians. we are talking about a man over 70 years old, and yet they still abducted him and killed him. >> john: i know, it's terrible, and repeated so many times as well, mark. israel had been willing to negotiate with hamas over another temporary ceasefire. suspension of military operations, if you will, in exchange for hostages. but hamas has rejected that saying it's an absolute permanent ceasefire or nothing. where does israel come down on that demand? >> so we'll of course take every

opportunity that exists to get our hostages out, either through the right military operations or through pressure that hamas will push hamas to release them. getting hostages out is one of the central goals of our military campaign and it has to be understood, hamas is not going to release hostages because they have suddenly become humanitarians, on the contrary. they are brutal ruthless killers but they will respond to pressure and as we increase our military pressure on hamas, as we are taking apart their military machine, as we are eliminating their senior commanders, there is hope that this will expedite a further release of hostages. >> john: how close is israel, mark, at this point to its goal of eradicating hamas? renewed fighting in the north part of gaza, indicate fierce pockets of resistance. >> we are not there yet. we have seen more and more hamas terrorists surrender, come out

of buildings with their ak-47s above their heads, without their shirts on, military machine in the north is beginning to break, that's good. keep the pressure up and maybe in the north we can say it's the beginning of the end. in the south where we started later, only started earlier this month, that will happen, too. most important thing is we have to continue our work. it's difficult work, it's costing the life of our soldiers who are unfortunately too many have fallen in battle but we will finish this. hamas's military machine will be destroyed and we will eliminate their senior commanders and they will no longer rule the gaza strip. we are not doing this because we want to do it, we are doing this because we have to do it. israelis simply refuse to live any longer next to this terror enclave on the southern border, it would, if it had the

capabilities, it would crush the border again and butcher our people. >> john: the leadership of hamas rem remains -- -- elusive, and the i read it you have no idea where they are, is that correct? >> i think we have some information. i can't share it publicly but rest assured, we will find these people and we will bring justice upon them. these people are guilty. these are the commanders of the october 7th massacre, the single largest terrorist event since the one you suffered on 9/11 all those years ago. the single largest act of antisemitic since the holocaust,

and the murder of jews since the second world war. we will reach these people, the commanders, ruthless terrorists, we will reach them and justice will be done. >> john: mark, we will keep following all of this. trying times there in israel, also for the palestinian people as well. and we thank you for appearing with us. appreciate it. >> my pleasure, sir. >> john: fox news alert now, this is big, the supreme court has just ruled that they will not fast track special counsel jack smith's case and rule on whether former president trump has immunity in the election interference case. chad pergram joins us now. chad, this could open up a whole set of possibilities here. >> chad: we, we are just getting this, fragmentary right now, what the supreme court has said they are not going to hear this on an emergency basis, meaning it's not going to be something that's going to be fast tracked. this will go through the court system the regular way, to a federal appeals court first,

there will be oral arguments there, determine what the judgment of that court is one way or the other, and probably appeal by both sides, either side, depending on the verdict there to the supreme court. so it might take a while to go through the federal court and if and when it goes to the supreme court. the things that are immediate, there was a deadline in early january for the colorado folks to determine whether or not president trump was going to be on the ballot and one would wonder how does this affect things down ballot in colorado. i would point out probably one of the most competitive house races in the country is in colorado, lauren boebert, she won a very tight race there and if president trump is not in fact on the ballot as the republican nominee, you know, she barely beat her democratic opponent by about 500 votes last cycle, that could potentially draw down the republican vote in

colorado for lauren boebert. these little one and twos that sometimes affect the control of the house of representatives when you have such a narrowly divided house. the key here is that this is not going to be decided eminently. there are a lot of people, especially on the republican side of the aisle, who were very confident just a couple of days ago that this was going to go to the court, the court was going to rule in favor of president trump saying you know, he's not been convicted in a court of law about an insurrection here, so how can you possibly remove him from the ballot. so this kind of flies in the face of the judgment there this was going to be decided by the court. it may still be decided by the supreme court but that's going to take a lot longer, john. >> john: all right. chad pergram from capitol hill, thank you. >> jacqui: if chad would stand by, we have jonathan turley on the phone, constitutional law foreign and fox news contributor and the expert we want in this moment. without seeing the break down,

jonathan, of the vote, it's hard to know maybe what the message is politically from the court about this, or how to sort of time out what impact this is going to have on the election. >> i think that's right. i think that part of the dynamic here is that a special counsel is asking to effectively leap frog over the d.c. circuit to get a judgment as quickly as possible. jack smith has made very clear that he wants this case tried before the election. and what a lot of us have said is that it's unlikely that many of the justices have the same sense of urgency because as trump would be eligible for the presidency, even if he were convicted. and regular order demands usually that the court hears from the appellate court. now, the impact of this decision

on smith is going to be anything but good. the reason he was so insistent on leap frogging the d.c. circuit is that he believes that this could end up endangering the march trial date. now, that date, if you remember, was shoe horned by the court just before super tuesday. everything has been frozen since the court looked at this question. so he may indeed lose that march date and then it's a real problem. you go right over a cliff because this is a very jammed calendar. so it's not clear if he could fit a trial between that date and the election. >> john: so march 4th is the date he wanted to get things doing. d.c. circuit court of appeals said it will hear oral arguments on the 9th of january on an

expedited basis, sounds like it's going to be before a three-judge panel, two of the three judges are biden appointees, so reading the tea leaves there, jonathan, what does that suggest? >> the d.c. circuit was always a good court for jack smith. he cannot do better than the d.c. circuit to hear this case. the problem for jack smith is that he knows that whatever the d.c. circuit decides, there's likely to be appeal. so he was willing to give up what many assumed would be a favorable decision in order to maximize a favorable calendar. now, what happens now is not going to work as planned for jack smith. once they hear this case in january, they have to write the opinion, will do that as quickly as possible. trump people can do appeal in

bank, ask the court as a whole to look at this question before they appeal to the supreme court. that will take time and then if they in bank accept the case, he'll never see a march trial. so then the trump people can apply to the supreme court. so there's a lot of runway now between him and that march date that he's got to be able to cross and the odds are he's not going to be able to stick the landing. everything has been frozen in d.c. there's a lot of work that still has to be done for the trial. so as soon as all of this is done, it's got to go back to the court and they've got to decide what they have time for in terms of that trial. so the odds if you are going to vegas right now are not on jack smith for a march trial.

>> jacqui: given all that, do you think this is the appropriate decision from the court or does it surprise you at all? >> it doesn't surprise me. i thought the correct decision of the court was to turn down this request. because in many ways it was baffling to read smith's filing. he kept on telling the court it must be done fast, it must be done fast but he's short on explaining why. he just says well, this is a case of great importance. but for the court, they will look at that and say well, usually that's why we want to hear from lower courts, that important things should be handled in a proper way. and what smith cannot come out and say -- is i don't want to have a trial after the election because if trump is elected, the new attorney general could scuttle this special counsel or trump could give himself a pardon.

if it goes beyond the election, jack smith may never see a jury in this case. >> john: there's one other point, too. so, if this goes through the three-judge panel at the d.c. circuit and then an on bank hearing and then the supreme court, you start to head toward this date of six months before the election. and there's kind of an unwritten rule at the doj that you don't want to bring a prosecution within six months or some sort of investigation or whatever within six months of an election because that could taint voters' minds. so does he have until may 5th to get this done or he's got to wait? >> yeah, that policy has never been etched in stone and so the policy for the department of justice has been to avoid any trial or major litigation before an election. but jack smith has already eviscerated that policy. every filing he makes he's been

trying to get this trial before super tuesday, before the general election, so he's really flipped the script here. and i think that that's going to become more and more problematic for jack smith as he gets closer to the general election itself. because once again, people are going to be asking why, why are you doing this? and you have to be able to say something other than this is a really important case. because there's lots of important cases. the question is, why is it important to try it before the election? and the best he can come up with is the voters should know if the president -- if a candidate is a felon. but once again, that policy that you noted, john, is -- is set to avoid that, the department of justice does not want their cases to influence elections. because even if trump is convicted, there are major appellate issues that would have to be litigated and any conviction could easily be thrown out.

so, there's a long road ahead for jack smith and you know, he was trying to do this as a sprint, and he has suddenly found himself in a marathon. >> jacqui: if you had a crystal ball, what would you predict happens next? >> i think that it would -- it would be quite surprising that they could still hold that march date and once the march date is gone, i would bet against a trial before the election. if you remember when the march date was selected, they had to fit it into a rather tiny window before super tuesday and there's a couple of reasons for that. one is this guy's dance card is pretty jammed up. i mean, this is not the only case he's facing. in addition to running for office. so the district court judge was criticized by some for squeezing this in before super tuesday. if the judge now finds another small window right before the general, there's going to be a

concern that this is just trying too hard to get a trial right before the election. so i think the bets are this could very well kick beyond the election. we'll have to see. the d.c. circuit, we'll look at when that opinion comes down. you have to factor in a few weeks for a possible in bank appeal and then back in front of the supreme court which has already indicated that it does not share the urgency of the special counsel. >> john: all right, well, jack smith gets a lump of cole for christmas. jonathan, thank you for your learned legal opinion. we'll be right back.

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>> john: all right, so big news in the trump case in that the supreme court has refused to jump over the d.c. circuit court of appeals and immediately rule on whether or not donald trump has immunity from prosecution, really throwing a wrench into special counsel jack smith's plans to try to have a trial starting on march 4th. joining us on the phone is shannon bream, fox news sunday anchor and correspondent, jack smith got a lump of coal in his

stocking for christmas. >> you are right, and what he was asking the court was unusual, and essentially when he said in the filing was this is of public interest, and national interest in this, but never really beyond what he said was his interest in getting to the march date for the trial. the trump response to the supreme court when they were pushing back what jack smith requested, said combination of an almost three-year wait to bring this case and the special counsel current demand for extraordinary, creates partisan motivation. so the trump legal team, their whole argument was you took forever to bring the case and now you want it lightning speed and the only way to see that interpreted as being partisan, never something that would sway the supreme court.

>> jacqui: how is this going to change the strategy for jack smith and also the trump team? >> it's clear the trump team wants to drag this out at much as possible. you talked through the possible steps that could happen next. no matter who wins or loses at the d.c. circuit, the appellate level below the supreme court, then it would go to the supreme court, so if the trump team wants to aim at running out the clock and pressing back this jack smith trial, not only for march but beyond into the summer or beyond if they can, they are going to use the procedural levers they can. i do think once it gets to the supreme court they would probably act in a more expedited manner than normally when they would get a case like this. we'll have to see how long it gets back to them. because remember, we have the mar-a-lago trial set for may, the august date for the georgia state trial so a lot between here and the election and if the trump team can push one of the big cases, including the jack

smith case out of the way and post election, they are going to do everything they can to get it there. >> john: so shannon, when you read the tea leaves of all of this, you know, what kind of schedule are we looking at here? because the d.c. circuit says it will hear oral arguments on january 9th on expedited basis before a three-judge panel. as jonathan turley points out, depending on what the ruling is, trump could then ask for an on bank hearing which guess the d.c. circuit, a typical 12-judge, and then that's going to take some time, so when could the -- when could the supreme court get this and this idea, even though jonathan turley said jack smith threw it out of the window, does the idea of having a trial like this so close to an election kick in, and that pushes everything beyond november 5th. >> yeah, exactly right. so with the d.c. court hearing the arguments january 9th, sometimes you can wait on a

circuit court ruling for months, it can take that long. i truly believe and as he said, the d.c. circuit is about as friendly to jack smith as he could possibly get. i think they'll try to get it done quickly. the on bank hearing could take another matter of weeks or months, could push it into the summer or later. if it wraps up as an expedited basis and gets to the supreme court during the summer, they are not in the normal term but they do emergency business 365 days. so there is every belief they would take it up in the summer. that puts you in the middle of the conventions. unless something changes, we expect a rematch between president trump and biden, we'll have to see in the primaries, but now at convention time, the polling shows people who are very supportive of president trump, the base that does not want to leave him has said if he was convicted of something, they would be less likely to show up and vote for him in the general. if he's the nominee at that point you are into the

conventions, now you are having a trial after he's the nominee as potentially pushing for convention -- for conviction between the convention and the actual election. it gets really tricky for president trump for the entirety, but there's nothing to stop him from being on the general election ballot. if he wins the primary and even if he is convicted of multiple felonies. >> jacqui: quickly, shannon, what is the passive viewer to make of this we did not see noted dissents and don't know the break down. is it typical for something like this? >> it is for this kinds of expedited decision. i think it's interesting we don't have any dissents. the court on the electoral and presidential and political matters does not like to get involved unless they absolutely have to. so i think they want the court to be speaking with one voice on this stuff. and remember, at any minute now the trump legal team could file with the supreme court about the colorado decision to kick him

off the ballot there. >> john: shannon bream for us, you have a lot to chew over on sunday on fox news sunday. see you then. thank you. and we will see you in a moment. we'll be right back. my psoriasis was all over. then my joints started hurting, found out it was psoriatic arthritis. who knew they could be connected? for me, cosentyx works on both. 5 years and counting. did you know people with psoriasis on the scalp have a 4 times higher risk of developing psoriatic arthritis, which if left untreated can lead to permanent joint damage? cosentyx works on all of this and helps stop further joint damage. talk to your doctor. find something that works for you. serious allergic reactions. severe skin reactions that look like eczema and an increased risk of infections, some fatal, have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to, or if ibd symptoms develop or worsen.

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>> john: so that was big news to finish us off today with the fact that the supreme court is saying that it's not going to grant jack smith's request for an merge decision on whether or not donald trump is immune from prosecution. both shannon bream and jonathan turley were saying that could throw his plans in to disarray next year. >> it's hard to map out what this will do with the campaign and the election coming up. we haven't heard anything from the white house. their reaction to this -- usually they don't react to justice department decisions. you might hear reaction from democrats how this might impact things. we have yet to get any of that reaction. makes it hard to map out a

calendar. that's for sure. >> i'm sure the white house will say this is a matter for the courts and refer you to the courts. it was supposed to start the day before super tuesday, which was really going to throw a wrench in to donald trump's plans. on super tuesday, you want to make sure you're in prominent states. obviously you want to do as well as possible even though it doesn't look like that much of a contest on the republican side. that may free him up until who knows when. >> on to shannon's point. if you can get one case off your lap in terms of the work load that you're dealing with, multiple different lawsuits, it would help his team. >> there's going to be a lot to chew over in the next year. >> yes. hard to believe we're already up against 2024. >> take some time off, get some rest. see you back here in the new year. see you back in the new year as well. i'm john roberts. >> i'm jacqui heinrich. "the story" starts now. >> martha: thank you very much. good afternoon. i'm martha maccallum.

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