anita: former president trump expected to file appeals in

colorado and maine on tuesday following the decisions in both states to remove him from the ballot for the 2024 gop primary. petition in colorado set to head so the supreme court for a ruling. welcome to fox news live, everyone. i'm anita vogel and, griff, we have another hour packed with news to go. griff: here we go, anita. great to be with you. the colorado republican party filed an appeal for the decision in their state earlier this week leading to trump being put back on the ballot until a decision is reached. alexandria hoff kicks things off this hour for us with the latest. hi, alex. >> hey, griff, we're waiting for the supreme court to weigh in and that'll be criminal and the legal battles are hardly confined to maine and colorado. there's 13 states with pending action to bar trump from the gop primary ballot and using a civil war era clause in the constitution that bans a person involved in insurrection from

holding public office. what makes the decision out of maine unique and this is the first state where secretary of state took action unilaterally as opposed to colorado where the decision came from the state supreme court. bellows, a democrat, called the ruling her obligation and suspended her decision pending the suspected appeal from the trump legal team on tuesday. iowa attorney general brenna bird weighed in today. >> this is election interference and it will not change iowans support one bit and in fact it make it is stronger because they know this is a democracy they live, and they want to keep it that way. >> in colorado, trump's name will appear on the primary ballot unless the supreme court sides with the state supreme court's decision to disqualify him. >> it should be very clear to the court that it needs to speak and needs to bring finality but also hopefully unanimity and

re-mine united by things that make us citizens. >> secretary of state shirley weber declined efforts to have it removed telling the la times "i have to basically continue to abide by the rule of law and for me not to do that than i'm no batter than trump". 16 states including california dismissed lawsuits to bar trump from the ballot. guys. griff: seems like ballot battle will be a top early story in the new year. alex hoff, thank you very much. anita. anita: well, griff, we're less than three weeks away from the iowa caucus as things continue to heat up in some of the candidates campaigns. for more on this, we're joined by our political panel with gop strategist jeff and former obama

adviser. thank you, gentlemen, for joining us. i want to get started with this issue of trump's name being removed from the ballot in maine and colorado. most legal scholars believe the supreme court will spike this down. does this then backfire on democrats by bolstering the former president's campaign? let me ask, jeff, to you first. >> anita, i think definitely it does. i mean, democrats are desperate to not face donald trump. they've done everything since the day he came down the escalator to stop him, this is the latest outrageous move. it's taking the voice away from the people and putting it in the hands of some judges or a partisan secretary of state. i mean, the people need to decide whether donald trump is going to be the next president, not partisan democrats. this 14th amendment section three was for the confederates in the civil war, not for donald trump. let's remember on january 6, he told the people to peacefully and patriotically make their voices heard.

he asked for national guard and didn't give him the approval there, and then went on twitter and said for people to leave in peace. that's not an insurrectionist. he's never been charged with insurrection or convicted of insurrection. all of it, anita, is outrageous. they're afraid of facing donald trump and all this is to try and prevent donald trump from being on the ballot. that is the candidate they fear the most, obviously. anita: david, even democratic governor of california gavin newsom thought it was a bad idea and best for voters to defeat president trump at the ballot box. what do you think? >> i like what the california secretary of state said and you played her speaking about it. rule of law needs control in all of these issues. the fact of the matter is your other guests might not like it, but the constitution is very clear that someone who engages in insurrection cannot, is invalid to run for higher office and that's what the 14th

amendment of our constitution says. at the base of this is donald trump's actions on january 6. it's ironic because the ultimate election interference is what donald trump did on january 6, encouraging a boisterous crowd to attack the capitol in order to interfere with the rule of law process for selecting our president. now we have -- we do have a conflict in laws, we have the 14th amendment but we also have the right of a person to be in the primary and be on the ballot and so it needs to be resolved by the courts and that's where it's headed. i think everybody agrees and it's headed to the u.s. supreme court. u.s. supreme court needs to make a decision that will likely be a decision that guides states across the country on how to deal with that issue, but all of this is caused by donald trump and by donald trump's actions, and the ultima ultimate is can e that tried to overthrow the government and didn't uphold the

constitution be entrusted with ensuring that everybody abides by the constitution if he becomes president? that's what everybody is struggling with. anita: david, he hasn't been charged or convictioned with insurrection and keep that in mind. >> he's been charged with interfering with the election. that's what the federal indictment is in dc. c. anita: but that's a separate issue from him being taken off the ballot. let me move on. >> but the 14th amendment doesn't require that he be charged. there's nothing in the 14th amendment that says he has to be charged. [inaudible] anita: go ahead, go ahead. i think that's part of the legal debate here. >> it is, that's what i'm saying and why it needs to go to the courts and rule of law needs to decide, not a partisan person like your guest. anita: let me move on. >> if it was insurrection, he'd have been charged by jack smith. jack smith threw everything at him but not this charge because it's ridiculous. >> you don't know how it works because you're not a lawyer.

the 14 amendment doesn't require he be indicted and he was indicted in federal court by jack smith on other election interference crimes. anita: but not that particular insurrection charge but let me move on. >> but the 124th amendment doesn't require an indictment. please read and i encourage the viewers to read it. anita: let's see what the supreme court says about it and this issue has been sucking up all the oxygen on the campaign trail and vivek ramaswamy suggest that had no candidate appear on the ballots where trump's name was removed and listen to what the others had to say. >> the idea that one bureaucrat in an executive position can simply unilaterally disqualify someone from office, that turns on its head every notion of constitutional due process this country abided by for over 200 years and opens up pandora's box. >> this should be decided by the

voters of the united states. it should not be decided by courts. >> you have individuals that are deciding who the american people should and shouldn't vote on. i will defeat donald trump fair and square. i don't need him thrown off the ballot, but if we open this door, you can't close it and the supreme court needs to respond quickly before anymore states do this. anita: okay, so all the candidates teem to agree there. nikki haley in particular, she was on the campaign trail and hit a bump in the road and failed to identify slavery as the cause of the civil war. the other candidate dates pounced on her, one of them said she's not ready for prime time but also dodged a question about whether she'd be willing to consider being trump's running mate should he get the nomination. said she wasn't playing for second but aren't they all playing for second at this point? david, to you first. >> well, this was an unfortunate

situation for nicky haley and didn't handle it well and if you watch her response, she knew she was supposed to answer slavery but worried some in the republican party might not like that answer so she was man deer hunting by not mentioning savory and reminds me of what senator mccain did in 2000 when running against bush and felt the confederate flag should not be flying over the state capitol in south carolina he declined to say that. that really hurt him. later he regret that had and i think nikki haley will regret it. it may not hurt her in the republican primary but will in the general election if she gets the nomination but she's very far away from getting the nomination. donald trump is very far ahead of her and i would note, she and the other candidates so far behind trump still are too scared to take on trump and attack him.

>> nick seizure disorders haley is not going to -- nikki haley is never going to get the gop nod and her campaign is going nowhere and donald trump is 50 points ahead and trump is steam rolling the other candidates and democrats are trying to stop him. he's not going to be stopped. he is going to be our next president again, and all of this is really just showing how desperate people are to stopped agenda of make america great again. that's what this is all about. not just donald trump. it's the agenda they're afraid of and they're not going to succeed. he's going to be elected again. nikki haley is going nowhere and desantis is going nowhere. none of the other ones are going to be close. trump is 50, 60 points ahead. he's going to be elected. they're not going to stop him. anita: next week is a big week and president trump's legal team expected to file the appeal on tuesday. we're hoping for a swift decision from the supreme court and lots of things ahead,

gentlemen. thank you for the very spirited debate. appreciate that. jeff and dave, happy new year to you guys. >> thanks. >> happy new year. anita: griff. griff: anita, president biden has been spending the week in the u.s. virgin islands and crisis at southern border grows and majority of americans reporting 2023 as a bad year for their family. lucas tomlin son is live on the island of st. croi, which with the late -- st. croix with the latest. reporter: griff, president biden is the most unpopular president running since world war ii according to several polls and many believe because of the situation on the southern border and here's chad wolf. >> whatever this administration puts in place and encourages and instead of deterring the illegal behavior and most americans like immigrants and grif.

>> griff, in the interview, there's over 286,000 migrant encounter at the southern border just this month and highest for single month set three months ago and 770,000 migrant encounters since october 1 and making this the first quarter in the new fiscal year and the highest ever recorded and a population size bigger than seattle in the past three months and karine jean-pierre said these numbers are not unusual and then ripped texas governor greg abbott. >> we believe that governor abbott's policies and his local students are not safe. they're not safe for the texas communities and our cbp, our law enforcement on the ground who are trying to do their work. they put them in harm's way. and they de-humanize, de-humanize and demonize

immigrants. that's what his political stunts do. >> more bad news, a new fox poll shows 39% of democrats, not a majority think it was a good year for the country and 10% of republicans and only 20% of independents agree. majority of democrats do think it was a good year for their families. one in four republicans and a third of independents say the same. biden's justice department threatening to sue texas governor greg abbott after abbott signed a bill last week saying his law enforcement officers should be able to arrest and deport migrants and doj suing him over that and abbott will take the fight to the u.s. supreme court. griff, i don't think i'm going out on a limb when the u.s. supreme court could have a very busy year next year, griff. griff: they will indeed. if that's your 2024 prediction, they'll hit that spot on. lucas tomlinson live for us in st. croix, thanks.

well, mayors of some democratic cities are criticizing texas governor greg abbott for busing migrants to their cities as crisis for the border grows. executive director mark joining us now with more. mark, i've been in new york all week long and i've seen firsthand really the myogrand crisis here that's really overwhelming city resources and there's been more than 160,000 migmigrants that have come throh the seizure disorders shelters here and that's partly governor abbott and heard from mayor eric adams saying he's had enough and tapped out and pointing the blame back at federal government and president biden. here's some of what adams had to say, mark. listen here. >> this is a national problem

and exacerbated by governor abbott's cruel, inhumane politics and requires additional solutions. the federal government must take responsibility and lead on the humanitarian crises. griff: mark, what's your take on this >> it was caused by the administration. there's a reason to call this the biden border crisis. that's not a bumper sticker but describes what's happening. >> you know, these democrats identifying great greg abbott as the boogie man is absurd. the vast majority of these illegal immigrants who have shone up in new york and chicago and elsewhere did not get bussed by texas. they got centiliter by relatives who gave them bus -- sent there by relatives that gave them bus sticks or catholic charities or others. they don't want to bad mouth the organizations so they pick governor abbott as the problem. in new york, the last figure only about 9 or 10% of the

illegal immigrants that jumped the border and ended up in new york were actually bus there had by abbott, and nobody made them go. he said if you want to go, we'll buy you a bus ticket and some said sure, why not. griff: that's such a great point. it's the ngos and others that's moving the migrants to the cities by in large and, you know, one thing that struck me was another mayor, major johnson of denver and it's a strain on that city's resources and here's his take and i want to get to the route of it. listen here. >> we're asking folks to come with work authorizations to support themselves and their families. griff: he wants them to work and i was talking in the last hour, mark, about the caravan carry ago banner that says [speaking

non-english language] that means freedom from poverty and they're looking for jobs and in my resource, the last 24 hours, little more than 9,000 migrant encounters at the boarder and little more than 7,000 released with notices to appear. if they're coming for a job and that's driving them, not credible fear in the administration favoring a mass release and you've got mayors calling for a cork authorization and exacerbates them and you look at harder numbers, what do you say. ? >> we're talking about asylum seekers and they're fashionly claiming asylum and not bothering to do it. if you submit an asylum application and congress said you are not allowed to get a work permit until that application or unless that application is lasting more than

six months. if you're in a cue and waiting and six months come and diversity you a work permit and the whole point was making sure asylum didn't become a gimmick to get into the lawrence and get let go and get a job. griff: incentive. >> right, the point is to take the incentive away and this administration is explicitly undermining the intent of congress. griff: mark, in the last 30 seconds, center of immigration studies put out a great report and eye opening that three in five 59% of illegal alien households on some form of welfare. that's troubling. >> that's on our website at cis.org and the important point is these people aren't coming to live off the taxpayer, but they're coming here with low levels of skill and education that are not a good match for our kind of economy. they get jobs but cannot earn enough to feed their own children.

we're not going to let kids starve and we take on the burden. we're not trying to wall off immigrants from the welfare sequoyah, which is not possible, the point is not to let them in in the first place. griff: mark, great insight as always and center for immigration studies. thank you very much and happy new year. >> that you can't, you too. griff: anita. anita: griff, new york city officials are reassuring n new year's eve party goers there's ample security and the big apple expects hundreds of thinks of revelers to fill the streets tomorrow. cb cotton is live from time square with the very latest details. cb, what's behind you? what's going on? preparations? reporter: hi, anita. yes, lots of preparation and a lot of action ahead of the big night. i can tell you organizers are likely rye to get the crowd as close as possible here in sometime square and marching for

a new year without zionist, genocide and apert tide and protester could not get anywhere near the rockafeller tree lighting and saying these demonstrators won't get anywhere near those trying to ring in the new year, listen to this. >> nay executed a well thought out plan and going to do so this time as well. reporter: nypd said it's always monitoring social media, especially when protests are announced. new york city mayor eric adams says there's been more than 400 protests here in the big apple since the start of the israel and hamas war and drones and surveillance robots monitoring

the new year's eve and their eyes peeled to beautiful new year's eve ball and can display more than 16 million colors and major wants people to enjoy the spect cal with no distractions. >> every year thousands come here and enjoy themselves and we only have one ask, spend as much money as possible. leave all that money right here in new york city. we want everyone to have a great time want everyone to follow the rules. >> with defense security and officers know there could be bad actors and last year we know three officers were attacked by a man carrying a machete tee and federal investigators say that man had become radicalized and carry out jihad. back to you, anita. anita: hopefully everything

stays safe and calm. thank you, cb, for that live report. griff. griff: a former american idol judge claiming she was salted by the show's executive producer. that's next. she was sexual assaulted by the show's executive producer,. that's next. (whimpering) - it's okay. - don't be scared. - let's go. - that's a good job. - can i see him? - this is our home - and this is our room.

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american idol and think you can dance producer nigel lithco of allegedly a assaulting her multiple times. hey, dana. >> hey, paula and nigel worked for decades together closely on american idol and so you think you can dance. recent court documents obtained by tmz. nigel and abdul says she kept quiet about the allegations for years over fears she'd be fined in retaliation. now in the lawsuit files friday in la county, abdul accuses lit this, co of assaulting her in an elevator while traveling and that lithco shoved abdul up against the wall and kissed her. the second assault happened at lithco's home in 2015 when abdul was a judge on so you think you

can dance. he forced him on top of abdul on his coach and attempted -- couch and attempted to kiss her. abdul is suing lithco and 19 entertainment and mantle media north america for sexual assault, battery and sexual harassment and abdul is seeking damages for gender violence and negligence. according to people magazine, abdul said she was the target of con taint bullying and harassment and received unfair compensation and benefits compared to male judge on american idol. we reached out to both parties involved and haven't heard anything back and reports say this suit was filed under the california sexual abuse and accountability act which allowed this suit to be filed outside that statute of limitations. griff. griff: we'll be following it. danamarie, thank you very much. anita: israel expands ground offensive into gaza refugee camps.

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anita: tens of thousands of palestinians streamed into already crowded town to have rafah and the ground offensive expanded into urban refugee camps and matt fin is live with the latest on this story. hi, matt. >> anita, israel says on the past 48 hours it's on a blitz into areas of gaza and lebanon and idf released this video showing israel striking hezbollah infrastructure known to be used for terror purposes and it happened this morning and around the lunchtime hour and numerous launches from lebanon into israel and intercepted at least one. israel is engaging in fierce battles with hamas striking terror cells by land and sea with the help of the israeli navy and israel says it's killed

dozens of terrorists in the latest campaign. the idf says its attacking the exact kibbutz or town that was the home base before crossing into israel for the october 7 attack and israel is intensifying the southern gaza operations named oz or near in honor of the israeli kibbutz savagely attacked. they've displaced 85% of gaza's 2.3 million people. tens of thousands of palestinians are living as refugees in rafah and hamas delegation considering a peace deal from egypt and perhaps traveling to cairo to discuss that deal. egypt's proposal demands hamas relinquish power in gaza, but hamas is saying no deal unless israel stops its attacks and israel said point-blank hamas

will not be in power in gaza once it is finished. anita. anita: all right, matt finn thank you for that live report. griff. griff: for more on this, bring in senior adviser to israeli prime minister benjamin netanyahu. ambassador, i want to pick up where the reporter matt finn left off and a hamas spokesperson addressing the possibilities or lack trover about more hostage negotiations and here is what the hamas spokesperson said. >> there'll be no prisoner swap deal or no negotiations under this agreement and we see we're open to any initiative that is end this israeli genocide of war. griff: what can you tell us about any ongoing talks to tort up hostage swaps again and this

reported delegation in cairo possibly looking at a peace deal? >> thank you for having me. the truth is the exact opposite of what the spokesman of hamas just said. hamas isn't going to release hostages because they've suddenly become humanitarian. on the contrary. we're dealing with brutal, callus, blood thirsty killers and they'll only respond to pressure. as we beef up the military pressure on hamas and continue to destroy the military machine and take out the senior leadership, i believe that makes the possibility of touch release of hostages more likely. it worked in november and it can work in january too. griff: ambassador, i want to go back to what matt finn was saying in there talking about 85% of palestinians displaced and the fighting has been going on for nearly 90 days and how

long do you foresee the fighting going and how long will it take to achieve your main goal of eradicating hamas? >> this could be over very quickly and my prime minister said last week that hamas fighters can surrender or we'll get them and take them out. if they were to surrender, this would be over straight away and that's unfortunately unlikely and hamas are ruthless and fanatical and some might fight to the end and we have to be willing to do what it takes. patience is required. we'd like it to be over quickly and we know it could take longer and there's no point in doing half measures. if we do half measures and hamas stays in power, we we'll have another war in the near future and hamas is committed to, directly from them with a

permanent war with israel and one of their leaders said publicly, hamas would do the october 7 massacre again and again and again. assort of satar official ceasefire is a band-aid condemning us to another gaza war in the future and we have to find a real institution and that's the destruction of the capabilities and the end of the rule over the gaza strip. griff: ambassador, the country of south africa filing a genocide case against israel. it would appear more pressure are being put on israel to dial back their offensive. >> the south african government has to be condemned with this and they have a relationship with hamas and they condemn israel. israel, a democratic country that abides by the rules of law

and rules of war. everything we've done has been in accordance with the rules of war and what's been done by other democratic countries in similar fights against terrorist organizations. hamas ordinary, reasonable, and prudent is a brutal -- on the other hand is a brutal genocidal company and we headed and burnt teem alive and shot parents in front of children and children in front of parents and machine gunned over 300 youngsters attending a music festival and committed mass rapes and israel is the one somehow against international law and it's hamas that's generalcidal organization. griff: just finally, what can you tell me about the possibility of especially kansas city chiefs ration on your northern worder with lebanon?

>> unfortunately the possibility is there and we're warning hezbollah if you escalate this conflict, we are ready and we're prepared. we don't want an escalation and if you force one, you'll have to deal with israel that is mobilized israel is ready and fowl face destruction more than you thought possible and take out the threat and end to the north and you will pay a price as well. griff: former israeli ambassador to the uk, mark regev, thank you very much and happy new year. >> happy new year. anita: griff, stock market up ended for the new year and americans aren't bullish on the 2020 chicago. we'll dig into that next. s listerine is 5x more effective

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griff: the chips act remaining uncertain despite softening inflation and maria bartiromo take as look at events that shaped the year in business. >> as lights go down on 2023, investors have reason to celebrate. informs torrs wracked up double digit gains in 202 as belts on lower interest rates in 2024 dominated end of year trading. gooey year for investors was higher interest rates and economic growth and 11 times in the effort to tame 40-year high inflation. >> the economy is still going slowly and they decided to cut because they're close to 2% and they want to avoid recessionsats that the economy would take a hit from all of the rate increases, third quarter of the year saw growth of about 5%. and a soft landing in the new year became the consensus on

wall street. >> >> transportation rates, labor rates are slowing down and we're seeing a much more stable environment. >> expectations turn to 2024 for potential slow down and rate cuts to follow sending investors searching for growth. >> i think the fed much to the disappointment of the speculators who are banking on an early reduction and fed are going to re-asi assert its determination of rate of inflation as measures fall to the order of 2% rather than say 3 or 3.5. >> in 202, investors found plenty of growth in tech companies providing artificial intelligence support. nvidia, which makes ai chips up nearly 230% in 2023. microsoft, which has a stake in openai up 55% for the year and debate on ai major headline and

question whether machines take work and influence from humanity and pol politics and fighting rd in washington and heading to a new presidential election next year. republicans ousted speaker of the house kevin mccarthy and republicans and democrats sparred over the wide open border throughout the year and at the end colorado supreme court was removing president trump from the ballot aled of election 2024 sending the issue to the supreme court. maria bartiromo, fox business, new york. anita: all right, thank you, maria. what a year it's been. for more on this, we're joined by job creators network president alfredo ortiz. good to have you here. >> thank you. anita: yeah, wasn't it the best year for consumers, they dealt with high inflation most of the year, price of goods and services are up 20% from when president biden took office and small businesses feeling the brunt of that. is there something to be

optistic about in 2024? what do you think? >> it's tough for the small businesses and reality of what they're tealing versus what's being reported and pause doeses still keep, they're having to pay the high price levels we've been talking about for the past 18 months and that's not come down and even though the rate of innation has come down and rate of increase, they're sky high and consumer is feeling that as well. anita, i walked in to grab a bottle of ketchup and over $9 for a bottle. we're talking not fancy ketchup here either. the price that consumers and maul businesses are feeling are sky high and going into 2024 feeling and that's the big concern. anita: yeah, seems like a

disconnect because of the prices and look at year end stock market returns and put up this graphic and dow jones average offered a 13% return. i mean, that's a huge return and couldn't get that at a bank. look at another poll where people talk about what their outlook is on the economy since 20 -- since 2019, the numbers are going up ever so slightly and people seem to still be having a hard time. so what are your thoughts on that? >> yeah, they really are because that's what they're experiencing and feeling. as much as the press secretary and joe biden is going out there talking about how great bidenomics is, it has been a disaster for the small businesses out there, it's been disaster for the american worker and the american consumer because the prices again that they're paying are elevated. remember, gasoline and energy prices are over 50% higher than when biden took office. again, groceries are up 25% and

so the numbers they're actually experiencing and the one thing i learned in my years of being a consumer goods executive is if the consumer knolls poor, regardless of whether or not they are poor, they'll act poor and the behavior they'll exhibit and remember, two-thirds of hour economy is consumer-driven and so again, i know we had a soft landing and thank goodness for that. the fed orchestrated i think with the rise in interest rates, but mortgage rates are high and price levels of homes are high. credit card debt, anita, is over 1.2 trillion and that was going into the holiday season. i can guarantee you we're going to come in january with some of the highest credit card debt ever that consumers have experienced and the entire economy is basically riding on credit and that's the biggest concern of all. anita: yeah, that's a problem. so hopefully the interest rate wills giddap because consumer credit card debt is a problem.

real quick, one more graphic quickly and something from your organization and job creators network put out. tips for president biden for the new year, can we put that up quick? it's in time area and can't quite see the other side. cut back spending, be nicer, quit smoking and be honest. final 10 seconds to sump your list there. >> biggest is no. 4, be honest, joe. come on. the american consumer knows that you are lying and that the real economy they're facing and feel asking not as easy as you like or as you paint it to be. let's be non est in 2024 and let the american consumers understand and let's try to address the real problems that are out there, which is really high inflation. anita: yeah, honesty is always the best policy; right? alfredo ortiz, thank you for your insights today and happy new year to you. >> you too, anita. thank you so much.

anita: you got it. griff. griff: anita, california bracing for a third day of towering waves slamming the coast, that's next. ♪ to duckduckgo on all your devie

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tee christina coleman is live along the coast with more. reporter: hi, anita, storms are sweeping through the area and bringing powerful waves and lots of flooding and watch this video, a giant wave slammed the beach area in ventura county sending people running as water swept through the streets and looked like something out of a movie and at least eight people hospitalized since thursday and waves hitting the area and fortunately they're okay and also there's been lots of concern about flooding damaging problem and crews working to build sand barms to protect the coastline and summaries don'ts boarded up to protect their homes and businesses. >> some cars parked were washed down into the intersection into each other as well as people walking by and people pushed out of the way and it was quite an amount of force.

anita: quite a force indeed. these rogue waves have drawn surfers from all over the could recalled including france, portugal and brazil to the town of san francisco south in moon bay. emergency crews are warning people to be careful because all of this is dangerous. back to you, anita. anita: christina, thank you so much. griff, that's going to do it for us. [sneeze] dude you coming? because the only thing dripping should be your style. plop plop fizz fizz with alka-seltzer plus cold & flu relief. also try for fizzy fast cough relief.

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