>> 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 the president has to be protected and i support that. the question is what was the function he was performing when doing these things after the election? and the government's position is going to be that he was a candidate. he was acting as a candidate, not really as president. and the president's argument is going to be and i think that whenever he uses an official function. >> rich: david spunt as more in washington. hi, david. >> good morning. this claim of absolute immunity from the charges came in this late saturday night court filing. the same claim the former president has been making all along. he is immune from federal prosecution because he was president that the alleged crimes happened.

on page 19 of the 71 page filing to the d.c. court of appeals the team writes president trump has absolute immunity from prosecution for his official acts as president. the indictment alleges only official acts so it must be dismissed. the plea comes to the appeals court after the u.s. supreme court declined to jump ahead of the appeals court in the line and hear arguments over whether or not the former president is indeed immune. supreme court may still hear arguments. but it would be after the appeals court does so on january 9th. this is a delay for special counsel jack smith and likely means the march 4th trial will be pushed back in some form. smith hoped to begin the trial on march '41 day before super tuesday. now the appeals court hearing on january 9th could push things back especially since the supreme court could hear arguments even after that later in the spring. meanwhile, there is still efforts to keep donald trump off the ballot in some states. we know the state supreme court in colorado did such though that is expected to be overturned by

the u.s. supreme court. there is also an effort to keep trump off the ballot in virginia and in california. the democratic governor of california, newsom, a political enemy of donald trump. came to his aid and agreed removing trump from the ballot doesn't make sense. unproductive. he said in california, we defeat candidates at the polls. everything else is a political distraction, end quote. back to you. >> rich: david spunt live for us today. thank you, sir. >> claudia: meanwhile, president biden's campaign team heads into a new year with its work cut out selling voters on another biden term. his job approval in the latest fox poll is a dismal 43%. 57% disapprove of the job he is doing. let's bring in a reporter from "the washington examiner." the numbers are about as bad as they can be with the president right now. your thoughts. >> it's hard to imagine if jimmy

carter had decided to brand the stagf stagflation. it has failed massively. 20% of voters polled by the university of michigan survey say their finances have deteriorated since joe biden took office. and on the economy, it is his lowest approval rating except for immigration. only 1/three of all voters approve of the job joe biden is doing at the border and in the economy. look, it doesn't matter how you try to dress it up, it doesn't change the fact that food prices are 20% more expensive than they were when joe biden took office. energy prices 32% more expensive and overall cpi inflation 17% since biden took office. there is no way to dress up numbers like those and unfortunately biden has tried to pander himself as the economics president.

>> claudia: bidenomics is the term we hear all the time here. it doesn't appear to be working among a majority of americans. and the numbers at the gallup poll are even worse. take a look at this. according to this new poll biden's year end rating ranks the worst of modern day presidents seeking re-election compared to former president trump, 45%, former president obama, 43%. former president bush there at 58%, and low to mid 50s for the other former presidents you see on your screen according to gallup. what will he need to do to turn these numbers around, tianna? >> crucially biden doesn't have anyone waiting in the wings, right? he chose a uniquely unpopular vice president in kamala harris who also boasts some record low approval ratings. she is less popular than dick cheney was when he shot a man in the face. it is not that the democrats

have a strong back bench. joe biden will be 86 at the end of a second term and can't shake off the feeling that voters think he is too old and too incompetent. will biden be able to hold the line when it comes to supporting israel and its counter offensive against hamas? that could be a sign that could get some of those moderate voters that helped clinch the election for him in 2020. that could restore some confidence, right? it shows fortitude, shows his willingness to hold the line against the left flank of his party. but at the same time he is losing a lot of those young democratic voters. he is in a bind here. i don't know how much more it can change except for the inflation numbers continue to come down and that gives room to the federal reserve to cut some interest rates. we see mortgages going down a little bit, it is possible. the fundamentals are just not strong. >> claudia: the president is having a hard time keeping his predecessor out of the conversation. take a look at this opinion piece from "the new york times."

for as long as donald trump has dominated republican politics, many democrats have pineed for a magical cure all to rid them of his presence. the mueller investigation, the first impeachment, second impeachment. each time democrats entertained visions of mr. trump meeting his political downfall. each time they were disappointed. what are your thoughts on this? how the democrats can't seem to move on from donald trump. >> the definition of insanity is doing the same thing over and over again and expecting a different result. this is what's happened. every time democrats try to take out trump in ways that do not mean just beating him at the ballot box, it always backfires. when you had the russia collusion hoax, which it was a hoax, right? that only empowered trump and it also made his supporters, i think, somewhat justifiably feel as though democrats were weaponizing the security state

to rob him of his first term. some of his supporters feel that covid measures skewed the 2020 election results out of trump's favor. and now you have the colorado supreme court outright trying to take -- disenfranchise half of the state taking away their option to vote for trump. >> claudia: the more that these events start to happen, it seems to benefit donald trump. tianna, we have to end it here. thank you for weighing in on this topic and have a wonderful christmas. >> thank you, merry christmas. >> rich: top official eaves tried to hide the spy balloon. they considered letting the balloon pass over the country without saying anything. former secretary of state mike pompeo has his take. >> my sense here is that the reason they didn't want to disclose this wasn't for

intelligence collection. their first story is this, this wasn't even spying on the united states. it was just a lost weather balloon. then the story was this happened in the trump administration, the story keeps varying. my guess they made the decision not to share with the american people out of embarrassment they permitted this very dangerous activity to take place over the american homeland. that's never a reason not to share information with the american people. >> rich: the u.s. military shot it down after it floated over military bases across the united states. allies of nafsh alley say they know where he is. he was reported missing two weeks ago. he seems to be doing well in a siberian prison. as well as you can be there. he is an outspoken critic of vladimir putin. navalny unsuccessfully tried to run for the country's president in 2018 and he was banned from

the race as they often do with oppositions. >> claudia: new york city is asking a judge to dismiss a lawsuit filed by a bow diego worker jailed for what he called self-defense. ted williams tells us why the man's lawyer is calling the move outrageous. plus this. >> hamas wants to up the casualties of their own people. they are using the palestinian people as human shields. they have command bunkers under schools and hospitals. they use apartment complexes to launch military operations. so i blame the death of all these palestinians on hamas. >> claudia: israel exploring a radical plan to secure the release of the remaining hostages by granting the leaders of hamas immunity along with deportation. could it work? is it worth letting them go? >> hi, everybody. from my family to yours, i hope you have a very merry christmas.

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♪ >> rich: san francisco 49ers quarterback purdy might be an mvp quarterback but can't afford to get his teammates christmas presents because of the cost of living in the bay area. he takes home about $473,000 because of california's tax rates. >> claudia: from a banking crisis early on to the trial of famed crypto king pin sam bankman-fried 2023 was an unusually newsy year on wall street. fox business's maria bartiromo takes a look back at what the year was and what it could mean for 2024.

>> as the lights go down investors have reason to celebrate. investors wrapped up double digit gains in 2023 as bets on lower interest rates in 2024 dominated end of year trading. >> it is almost like a spell the fed will start cutting rates fast. >> the big worry was high interest rates. as the federal reserve raised rates 11 times. >> the economy is still growing but slowly. they decided to cut because they're close to 2% and want to avoid a recession. >> the third quarter of the year saw growth of about 5%. a soft landing in the new year became the consensus on wall street. >> inflation is slowing down we have seen compared to 12 months ago. transportation rates, labor rates slowing down. so we are definitely seeing a much more stable environment. >> expectations turn to 2024 for

a potential economic slowdown and rate cuts to follow sending investors searching for growth. >> i think the fed much to the disappointment of the speculators banking on early reduction in the funds rate, i think the fed will reassert its determination to see the rate of inflation fall to 2% rather than three or 3 1/2. >> in 2023 investors found growth in tech companies providing artificial intelligence support. video which makes a.i. chips up nearly 230% in 2023. microsoft which has a stake in open a.i. up 55% for the year. the debate on a.i. a major headline. experts talk about whether they will take influence from humanity. infighting in washington heading into a new presidential election next year. republicans ousted speaker of the house mccoarct and sparred

over the border throughout the year. year end the colorado supreme court said it was removing president trump from the ballot ahead of election 2024 sending the issue to the supreme court. maria bartiromo, fox business, new york. >> rich: an update on a story we've been following closely. you may remember bodega clerk alba attacked behind the counter and stabbed the attacker to death and claimed self-defense. he was charged with murder by manhattan's progressive district attorney. those charges were dropped following public support for him. lawyers representing new york city are calling on a judge to drop a lawsuit that alba has filed. joining us now is former d.c. homicide detective and fox news contributor ted williams. the lawsuit, he did practically a week as ryker's island but charges were dropped, didn't have to serve anymore time.

does he have a case here for some damages to sue the city of new york? >> well, rich, first let me say merry christmas to you. you know, i followed the alba case very closely when this took place and i was somewhat outraged that he was arrested because we know that mr. alba was working at that bodega behind the counter and attacked. sadly a man died as a result of that attack but if mr. alba felt that his life was in fear of great bodily harm, mr. alba certainly could have taken and did take the action he took and that is to stab the individual, and unfortunately the individual was killed. now, what happened after that, rich, there was an investigation by law enforcement and the d.a. there and they thought that they had enough prob kabul because to

make an arrest and they arrested him. he stayed in jail for about a week. he got out of jail and now he is suing the city of new york there. under the circumstances of what i've said here, i think it will be very difficult for him to make a lawsuit or to continue with this lawsuit. the lawsuit itself will not be dismissed because the law enforcement officers there in the state of new york did, in fact, conduct an investigation and if they believed there was probable cause after a man died, certainly they could take the action they took, that is to arrest him. and to do a further investigation and to release him. >> rich: i want to broaden this to retail crime across the country looking at california here. california residents fear worsening crime. the number of californians

identifying violence as a problem rose. how has retail and property crime changed the calculation, the perception of police and prosecutors in this country? >> the perception has been changed tremendously. we see on the nightly news every night these smash and grab robberies at these various stores. and what we have, unfortunately, is that the lawmakers in this country don't appear to be taking these smash and grabs seriously. these individuals are organized. i have on these airwaves over and over called for a mandatory minimum if these individuals are convicted of these crimes. these smash and grabs are taking

place all over america, not only in california. we found just recently here in d.c. at one of these stores here where we had a smash and grab. so i'm calling on law enforcement and lawmakers to take this more serious. >> rich: always appreciate the perspective. merry christmas. >> merry christmas to you, my friend. >> overwhelmed by the numbers they're seeing. every number is off the charts. the deaths at the border, the criminally involved that we're catching. the border patrol is catching. the people on the terror watch list that are being caught by border patrol and the number of gotaways. >> claudia: border agents drowning amid a record shattering surge of migrants. it's raising serious concerns about national security and republicans are demanding president biden take action. plus dreams of a white christmas may turn into nightmares.

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considering a shift in strategy to secure the release of the remaining hamas hostages. there are reports of discussions to keep two top hamas commanders alive if and when they are captured to deport them in order to free all the hostages. dr. rebecca grant is a national security and military analyst and president of iris independent research. good to have you here. we're hearing yet again more examples of just how dangerous and depraved hamas is. take a look at today's front page of the "new york post" and you can see that weapons were found in just the most tragic of places. in toy boxes for kids, bombs for tots reads this headline. dr. grant, what do you make of this latest discovery and this evidence of hamas? it really endangering its youngest citizens and using the

people there as human shields. >> claudia, that picture makes me so angry. it shows why israel's number one objective continues to be eliminating hamas military capability. on all levels from the boxes of bombs that they found up to the missiles to what's going on in the red sea. it all has got to be eliminated. and we all want to see this get to an endgame, but the number one criteria is that israel's security has to be restored. >> claudia: we've seen pressure building on the biden administration to soften their stance and put more pressure on israel to do more targeted attacks to save lives of civilians in gaza. what do you think will be the next step as the president and benjamin netanyahu continue to have conversations over the weekend and try to come to some

accord of the possible endgame when it comes to what happens when hamas is defeated? who will replace hamas and how will israel govern that territory then? >> yes, exactly. we're really seeing a frequent dialogue between biden and netanyahu. we already know that secretary austin talks to his counterpart every day. but what we are going to see, i think we want to see israel do more carefully targeted operations. this is what secretary austin has said. he wants to get the war out of the headlines a little bit, continue to target hamas military capability and leadership in the south also behind the scenes, so much negotiation going on. egypt very much in the driver's seat. they brokered the 2021 cease-fire. qatar involved. hamas is running out of options as israelis military closes in. what has to happen in the end is

some kind of stable endgame in gaza so there is no more violence there. and that will take both military pressure on diplomatic negotiation. >> claudia: it will indeed. dr. grant, thank you for joining us on this christmas morning. we appreciate having you here. >> thank you and merry christmas. >> rich: a christmas snowstorm snagging travel plans for millions across the central u.s. blizzard conditions are across the plains lasting through tomorrow morning. meteorologist adam klotz is live with a look at the forecast. >> yeah, folks are seeing absolutely all of it with this winter storm system all based on the temperatures, right? you can tell the eastern half of the country mild, 50, 60 degrees and then a major cold front the system sitting in the middle. you see snow, ice and rain depending where you are. all the rain stretching in the warm areas and blizzard

conditions in portions of high plains talking about the dakotas, nebraska. everything in the orange is a blizzard warning. really windy conditions basically a white-out as we talk about very heavy snow across this region. pay attention to the time stamp in the corner. what you will notice we go all the way through christmas day. this lingers through tuesday and you are still seeing snow falling, everything in the pink and more of that in a minute. that's ice which can be equally dangerous. everything out in front of this is going to be a soggy raw day across the midwest and southeast. how much snow are we talking about? the purples you get into multiple feet of snow. widespread in pink, six inchs of snow or more. visibility low. off in the east this is showing ice, it can be as dangerous, if not more dangerous than snow in some of these situations. that's looking from sioux falls to fargo and very icy conditions

there. winds also a problem. winds 20, 30, 40 miles-per-hour. this is a big major winter system that yes, rich, will be lingering for a couple of days. >> rich: stay off the roads if you can. adam, thank you so much. claudia. >> claudia: it's beginning to look a lot like the cosmos. new photos from nasa showing a growing christmas tree star cluster in the sky. >> deion's health scare. stiff person syndrome. sneezing and coughing is typical this time of year. a christmas staple may be behind the problem. ♪

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♪ >> claudia: thanks to inflation luxury goods are taking a back seat to more practical presents this christmas. a consumer tracking firm says socks are now topping the wish list. socks. expected to account for about 1/three of all clothing items bought this christmas. >> rich: socks? how about this? diamonds are forever and probably better. for many shoppers a lab-grown diamond might be their best friend. gerri willis reporting from fox business from new york's diamond district. >> 'tis the season. it's engagement season and more

and more americans are thinking about manmade diamonds, lab-grown diamonds. you can see them here, market growing and sales totaling $12 billion up 38% from a year ago. in fact, it's 20% of the entire diamond industry right now up from 1% in 2015. we're clear at the clear cust with olivia. she is the owner of this enterprise and also a gemologist. we have lots of questions. let's start with how are these two things different? and really, how much more would i pay for an actual diamond from the ground compared to a manmade one? >> yeah, so natural diamond is grown under the earth over billion else of years. lab grown diamond is a laboratory. very different in brines. a lab grown diamond we only sell

natural diamonds but give away the lab grown diamond for a travel ring. a natural diamond costs thousands of carat depending on the quality. consumers need to know the inherent value. there is no inherent value in the lab grown. the natural will hold value over time. they need to be weary that jewelers may push them toward purchasing a lab grown because the margins for retailers are 300 to 500% when it comes to lab grown and close to ten to 20% when it comes to natural. >> good to know. thank you so much. in new york, gerri willis, fox business. >> claudia: doctors warning of a new kind of seasonal allergy this holiday called christmas tree syndrome. yes, that's right. your christmas tree may be making you sneezey and sniffly.

let's bring in dr. debbie, new york city position and founder of metropolis pain medicine. i say bah humbug. a lot of people may not realize just how sick your christmas tree can make you. take a look at these figures. christmas trees can carry 50 types of mold, increase the number of mold spores in an apartment by more than six times. needles can get everywhere. dr. debbie, what is up with this new seasonal allergy that could be connected to your christmas tree? >> i think it's been around for a long time, we just don't think about it because there are so many colds and flus that go around. it is not that surprising, right? even just the decorations alone, think about how we store them and recycle them year to year? usually they're not in an airtight container.

they are in someplace damp or moist like the attic or garage. you have those coming out year to year you might be allergic to with the mold and you have the trees which i'm a fan of the christmas tree, of course, but if you've got a real tree, first of all outside most people aren't allergic to a pine tree but they can still accumulate pollen and mold from being outside, the droppings. then you bring them in and then you get exposed to them. if you have an artificial tree still depending how you store it you may still have mold coming into the house. so there are ways that you can get exposed to these and you think maybe you have a cold when you feel sick around the tree. >> claudia: is claritin or benadryl? what do you recommend if someone is feeling sick around their christmas tree? >> those things can help. first we want to try things that are not medication. sometimes it could be the storing of the things if we're planning for next year,

depending on how you store the decorations, that can help. sometimes vacuum a tree if you are doing an artificial tree. sometimes that fake snow we have also i feel like that triggers allergies for me. if it's a little tree try rinsing it off before you bring it into the home. some of the natural things can help or an air purifier as well. >> claudia: thank you for that. last year singer celine dion stepped away from performing as she battled stiff person syndrome. her sister says deion doesn't have control of her muscles. >> that's a hallmark of this illness. it is an autoimmune illness where the body attacks itself. people can have pain in the muscles. they can have spasms and involuntary movements of the muscle. but also they can have rigidity.

you can't make the movements you want to make. this can affect people in all different ways. first of all, you know, the vocal cords are muscles. it can interfere for her in particular not treating her but just in general can affect your ability to sing if your vocal cords are affected. in general for people also because there are muscles involved in swallowing and affect your ability to eat. there are muscles involved in something complex like walking. so if you can't control your muscles or having a lot of spasms, extra movements when you are trying to walk, it could affect that as well. it is not necessarily solely just you are having difficulty doing what you intended to do. it also can make you maybe more im mobile which affects you in terms of your risk of falling, your risk of blood clots, infection, there are a whole host of medical problems that could accompany these types of problems. so it is very serious potentially. >> claudia: it is and sounds

very painful and our best wishes go out to celine dion. thank you for joining us this morning. have a great day. >> you, too, merry christmas. >> rich: we have a big man with a bigger heart. how former minnesota viking kyle rudolph is making a difference for people who need it. that's coming up. ♪ this is your season to smile with new dentures from aspen dental -- to raise a toast and gather together, to wrap up the fun and round up the gang. to help get you ready, your aspen dental denture team is celebrating 25 years of affordable care with an epic anniversary savings event. don't miss enjoying a moment with fast repairs in our onsite labs and 20% off your custom dentures. plus, we have a denture money back guarantee so you can smile with confidence. aspen dental. book today.

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♪ >> claudia: it's a convenience and nuisance and everybody owns one, a cell phone camera. every day people get caught on camera doing good things, bad things or just funny things. 2023 is no exception. garrett tenney takes a look at some of those kodak moments. >> runaway cars, inmates and bears, oh my. 2023 brought us some jaw dropping moments and cameras captured them all. like this deer who gave santa's

sleigh team a run for its money when he jumped several feet in the air right into the bed of a pickup truck. actor will farrell may have a new career as a d.j. after taking a spin at his son's frat party. these folks could try their hand at the nfl after tackling robbers in the street and on the playground. mother nature was captured buckling roads, stirring dust devils and picking up powerful surf as the hurricane made landfall. u.s. jets shot down a spy balloon. bears were seen raiding kitsch tense, trucks and dumpsters. while a 10-foot alligator took a dip in a backyard pool. a thief dressed like a rob it got in on the action. not the most magical place on earth who broke into disney

world's magic kingdom and several rides had to close. >> come over here. >> las vegas police made arrest and bringing an end to a decades long investigation and this inmate crab walked up the walls of a pennsylvania prison before leading police on a two week long manhunt. for this group of burglars stealing one car wasn't enough. they returned to the same california dealership hours later to grab another. >> stay back from the window. i'll bust it. i'm busting the window. >> a scene playing out in florida. deputies worked overnight to rescue a driver trapped upside down in his car. >> wondered so many times about this. >> this man reunited with his parents wedding rings after more than a decade when a homeowner found them hidden in kitchen lights inside the couple's old home. in arizona woman had the most emotional reunion of them all

when she met the recipient of her late husband's lungs. artificial intelligence playing a bigger role online. some things may need to be watched with a closer eye in 2024. in chicago, i'm garrett tenney, fox news. >> rich: nfl fans can show their support beyond the football feel by donating to players' charities this christmas because our next guest is leading the way. kyle rudolph, now ceo of all true. kyle, tell us what's going on and how can people donate? >> thanks for having me, rich. merry christmas and we're doing exciting stuff this holiday season and we've partnered with nationwide and the walter peyton man of the year award. one that really is the highest award in football. it honors these incredible men and the work they're doing. not only on the field but more

importantly off the field. for the second time, nfl fans have the opportunity to show direct support for these nominees by entering for a chance to win some of these once in a lifetime experiences. thanks to nationwide, 100% of these proceeds will go directly to the player causes and last year we raised over $320,000 for these player causes in just three weeks. we're trying to double that this year in year two. it is an incredible opportunity for fans to show their support and once again thanks to nationwide 100% of the proceeds go directly to these player causes. >> rich: what kind of charities are benefiting from this? >> most of the charities benefiting are the nominee's personal foundations. not all 32 nominees have their own foundation that's benefiting from it. so maybe it's a cause that is near and dear to their heart, an organization that -- in the city they live or play in.

so we have a bunch of different charities. a couple of the guys are benefiting the team foundations. again, the best part is 100% of the proceeds will go directly to these causes. i always tell people with this award these men are doing such great things already. it's all-true's job to sign a light on incredible causes and amplify the impact these guys are already making. >> rich: how did you get this idea? >> honestly for me it was something that i thought being around sports, being around a lot of different fundraiser efforts, if there is a traditional way of raiseings money for charity i've done it and tried it. i wanted something where we're de demock its -- it's finding a new donor that wouldn't be there. enter for as little as $ten.

when you think about the once in a lifetime experiences, if you were to place them in a live auction we're pricing out a lot of our fans. now you have an opportunity for your $ten to make a real impact and also it's a win/win. we're able to provide these once in a lifetime experiences and it is not just going to the highest bidder. >> rich: thank you for sharing that with us and a merry christmas to you. >> thank you so much. merry christmas. >> claudia: rich, college football is big business and a major college athletic program is taking a giant step towards leaving its athletic conference with a lawsuit. the school accuses the acc of violating florida law and failing to create appropriate media value. leaving the acc could cost the

florida state school $572 million. the acc seemingly expecting the fsu lawsuit filed its own lawsuit a day earlier in north carolina. the whole process could take years to play out. >> rich: chicago might be running out of room for migrants and they are threatening to sues texas for sending border crossing migrants to their city. that's coming up. [music playing] mother 1: who is that? that's my doggie. charlie: cancer, it's different in a child

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