uniforms. thank you for being here. >> your thoughts about appreciation today. do you guys feel appreciated >> absolutely. also for -- to remember the men and women who lost their life protecting and serving the community they love. >> steve: what can people watching today do to appreciate law enforcement? >> if you see us, say hello. say thank you. always looking for other members, ny trooper.com. another process starting soon. if you are interested, go to the website. we're looking for people. >> ainsley: anything you want to say? >> an opportunity for the public to remember the sacrifices of many and understand our job is a very difficult one and we can raise awareness. >> bill: any moment now we're expecting former president trump

to arrive at the d.c. appeals court. three-judge panel will hear arguments whether or not the former president is immune from prosecution. this in connection with special counsel jack smith east election interference case. the hearing we'll hear it by way of audio inside the court. so stand by for that. it will start in about 30 minutes from now. we'll get to that. from last night check it out. >> biden is not talking to his secretary of defense every single day. when i was at the u.n., we knew the intel, we knew the health of everybody in every country. they know what's happening to secretary austin. what bothers me is while our adversaries may know our own president doesn't know. the one thing that keeps me up at night is what happens between now and election day. biden is making america very vulnerable and putting us at risk. >> bill: nikki haley calling

america's military readiness in question over a lack of transparency and couldn't come at a worse time. strong comments there. i'm bill hemmer. >> dana: i'm dana perino. this is "america's newsroom." we have a big show for you today. a lot of news happening. secret hospitalization of defense secretary lloyd austin is raising questions about america's military readiness. lawmakers why austin failed to inform his second in command not to mention the commander me chief at a time when american troops are under attack. >> bill: iranian proxies have hit our forces over 120 times. a dozen occurred while austin was in the hospital. >> dana: secretary of state antony blinken is meeting with the israeli war cabinet. they want to avoid regional expansion. >> bill: let's start at the white house north lawn jacque

heinrich with the news from there today. >> good morning, bill. there are reports the president was exasperated he was left in the dark about his defense secretary's hospitalization despite public statements from the administration backing austin. the pentagon says word didn't get to the white house in a timely manner. austin's chief of staff had the flu. late last night they issued a memo directing a review over what happened with some immediate changes taking effect in the meantime. insuring when duties are transferred to another person top brass, and relevant folks at the white house get an email. the pentagon said there was never a gap that could have caused a security risk. deputy secretary of defense was given duties on her vacation without understanding why. austin because taken by ambulance to the hospital on january 1st. it's also unclear how long he was in the icu or what access he

had to coms in there. critics calling it not just an outrage but dangerous. >> if an adversary launches a nuclear weapon we have 15 minutes to determine whether the united states is targeted, how it's being targeted or whether it's some type of test. if in that 15 minutes you can't find literally can't find the secretary of defense because he is in the icu, that's not only dangerous to every american, it's dangerous to the entire world. >> some republicans have called for austin's resignation. one congressman said austin violated his oath and office time and time again endangering the lives of the american people and unfit for the office of secretary of defense. i urge my colleagues in joining me in impeaching him. the white house said they would not accept austin's resignation if offered. no one has offered it. since u.s. forces were -- since

it happened u.s. forces were attacked 13 times overseas and eight times when he was admitted and when he resumed his full duties. >> bill: the story is not over. thank you. >> dana: the iranian nuclear program has suddenly been put on steroids. u.n. nuclear watchdog finds that tehran increased production of uranium and has enough fuel for several nuclear bombs. shocking information. greg palkot live in london. >> yeah, iran is making trouble on several fronts. one of the most dangerous is the potential nuclear weapon threat. >> hamas at war with israel. hezbollah hitting lebanon. militia's attacking troops. houthis striking ships and iran is revving up its nuclear program. experts say its output of bomb

grade uranium is up three times. they could have enough for at least three nuclear bombs. the trump administration pulled out a deal trying to rein in iran in 2018. last year's freeing in funds -- so far is supreme leader has not pulled the trigger. analysts worry about the nuclear clout the regime could wield. >> a fact to be dealt with. they suddenly have this trump card that they can play and decimate their neighbors. >> the question is what to do about a nuclear iran. some are calling for a new iran nuke deal seemingly a non-starter. assassinations of nuclear scientists. bugs in computers. strength in dealing with iran is crucial now or it could act up worse than anything we're seeing right now in the region. dana. >> bill: a lot to get to.

retired marine corps general mckenzie. great to have you on the program today. start with nikki haley from last night. it's 9:ten in america. >> america always needs friends. we needed a lot of friends on september 12th. but you have to be a friend to get a friend. america right now is acting like it's september 10th. we better remember what september 12th felt like. >> bill: can you explain what's going on with secretary austin? what makes sense to you? >> let me begin by saying secretary austin takes his responsibility very seriously. i had the opportunity to work for him three different times and he understands the importance of his role. i'm unable to explain what happened here. i would just note that the united states has very elaborate, highly detailed what we call continuity of government procedures to insure the president can get advice quickly under a situation where minutes

might matter. and secretaries at the very heart of those processes. i'm sure his immediate office will take a look at what happened in this case to insure that, you know, command and control is passed to the deputy secretary so she can provide that information to the president should the secretary be unavailable. >> dana: but the commander-in-chief didn't even know he was in the icu. wouldn't necessarily have been able to have reached him. jacque heinrich said there are reports that biden was exasperated when he learned. to say the least. isn't it quite disrespectful to the commander-in-chief what lloyd austin decided to do? >> i would simply say this. the department of defense has good procedures in place in case of a time emergency where we can password to the president, get word back. secretary is a key part of that. secretary unavailable other people can fulfill that role in an emergency situation. clearly it's not the desirable state of affairs.

>> bill: in the middle east you have a lot of action there. one allegation that hamas is in southern gaza and using hostages as human shields. therefore the idf won't go after him. maybe it's true. in all likelihood it is. secretary blinken is trying to prevent a wider war. when you see what iran is doing now, how do we -- how do you judge how this administration has pushed back against that regime? >> let me begin just by briefly talking about hamas and hostages. i would argue hamas is using the entire population of gaza as hostages from the beginning of this conflict. they've chosen to embed their headquarters, rocket units, forces in the middle of hospitals, mosques and high density personal areas that put israel in the difficult situation. i have no problem believing that the leader of hamas has hostages

around him but he has had a lot more around him for many weeks now. iran is pursuing a three goals. they want to protect their regime at all costs, protect the mullahs in iran. want to destroy israel and third they want to eject us from the theater. what's going on in gaza is subordinate to those three objectives and iran will continue to pursue those regardless of what happens in gaza. what happened in gaza is good news for iran, they're happy to do it. i don't think they knew the attack was occur but morally responsible for it and supported the arming of hamas for many years. i think iran is going to continue to pursue the three objectives i discussed. as for the iranian nuclear program, it has been my theory that iran values being at the ability to break out to have a nuclear weapon more than actually possessing one because being at this point allows them to pursue economic relief from economic sanctions in the west. remember, even if they build a bomb they have to find a way to

deliver it. it takes a little bit of time. it is not an easy task to send a weapon. their trump card it's missiles, it's land attack cruise mice ills, low flying missiles and fleet of drones. they can use them this afternoon to attack their neighbors. >> dana: thank you very much. >> bill: thank you for coming on. >> dana: brand-new fox news power rankings coming out and there is a shake-up. president trump remains the frontrunner but nikki haley is edging out ron desantis for second place. chris christie and vivek ramaswamy are hanging at fourth and fifth place respectively. trump clinches the lead in every early voting case and his criminal cases have strengthened his support that tells you a lot about the republican party in 2023. 37% is the maga base and 37%

persuadeable. 25% are non-trump voters within the power. >> bill: the power rankings. take you to the board and let you know what's up. iowa some numbers you need to focus on for next monday. stay tuned. the d.c. appeals court about to take up former president trump's claim of immunity from prosecution. former president will be there. the hearing set to begin minutes from now and we'll follow it as it happens inside the courtroom. plus this. check it out. >> i have would describe it as somebody stepping on the brakes. and then a big gush of wind hit me in the face and pushed me back into my seat. >> dana: we're hearing more what it was like aboard that boeing 737 when a door flew off mid flight. where the door has now turned up. >> bill: secretary mayorkas was at the border. a stunning admission he made to agents behind closed doors as the chaos continues by the day.

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>> dana: president trump arriving in federal court in washington as we mentioned in about 13 minutes. this hearing gets underway. you'll be able to hear oral arguments. we also have a producer in the courtroom, a reporter who will be able to tell us what's happening. this is about the question of whether president trump can have immunity from prosecution relating to charges of trying to overturn the 2020 election and the events of january 6th. we'll keep you posted on all of that. >> bill: big doings in d.c. breaking news. tornadoes on the ground in florida. senior meteorologist janice dean

is tracking that and a big storm. >> it's part of a wider system. blizzard warnings . potential for heavy rain for the northeast. right now tornado warned storms. the past 12 hours where we have had tornadoes reports for the panhandle. earlier this morning we had reports of a tornado moving through mobile, alabama. several tornadoes warnings. this is significant. it has been spotted on the ground. attorney warned storm for the houston area. the early area panhandle up towards the georgia region until 2:00 p.m. that means that tornadoes are favorable for this area. we could see the potential for ef2 plus tornadoes. watches and warnings. on the cold side of this storm a blizzard for parts of the plains states and midwest and then very significant weather for the i-95 corridor. i'm very concerned for these vulnerable areas where we could get the two to three inches of

heavy rain and wind gusts. wind spread power outages from delmarva toward maine. the worst coming this afternoon, evening and overnight. again please pay attention to your local weather forecast, fox weather.com. over to you. >> bill: check out the fox weather app. download it now. it is free. thank you, j.d. good to see you. 20 past. there is this. >> some have accused dhs of not enforcing our nation's laws. this could not be further from the truth. there is nothing i take more seriously than our responsibility to uphold the law and the men and women of dhs are working around the clock to do so. >> dana: dhs secretary mayorkas on defense. sources tell fox news he privately admitted to border patrol agents yesterday that more than 85% of migrants arrested at the southern border are being released into the united states.

85%. brandon judd was in the room yesterday the president of the national border patrol council. i want to play what mayorkas said to bret baier last thursday. >> would it surprise you to hear that cbp sources say that currently they are releasing more than 70% of the migrants crossing every day and sometimes more than that number, higher than 70%. would that surprise you? >> it would not surprise me at all. i know the data. and i will tell you that when individuals are released they are released into immigration enforcement proceedings. they are on alternatives to detention and we have returned or removed a record number of individuals. we are enforcing the laws that congress has passed. >> dana: not 70%. is it more like 85%, brandon? >> yes, it was because of that interview that i decided to show up to that muster. i was the one who talked to him about the percentage.

i specifically told him that every single person in that room knows that we're releasing at least 85% of the people, most likely more because we don't have the ice stats. we don't know what ice releases and during the muster it is not like he can tell us what we don't already know. he said yeah we're releasing at least 85 -- he said we're releasing more than 85%. i have to address what he said yesterday in eagle pass when he says that people are being released to alternative to detention. what he is not telling people is these individuals -- nobody has a right to be released into the united states. when he says we're enforcing the immigration laws and he says that we're doing that putting them into immigration proceedings what he is not telling the people is nobody has a right to a release. we can either hold people, we can reim ment remain in mexico and different things we can do to control the border. we've clearly seen as long as that magnet exists and we have catch and release thousands upon thousands of people will cross

our border illegally and cartels will be successful and going to generate billions of dollars. that's what is so upsetting. we have to have an honest conversation. we can't have that honest conversation if all of the information isn't being given. >> dana: he says he needs more money from congress and it would fix the problem. do you agree? >> absolutely not. it starts with policy. in fact, if we get more money from congress all we're going to be doing is processing people through the system quicker. all money does is puts the burden on taxpayer. we don't have to do that. if we had policy we could then secure the border and we could then re-evaluate what do we need? what more resources do we need? we shouldn't be putting the cart before the horse. it is policy first and then look at what the resources we need. >> dana: brandon judd. thank you for being there yesterday and coming on the show today as the story continues every single day. appreciate it. >> thank you. >> are we going to see that

recession this year? >> it's a possibility. >> bill: a stark warning from the top bank ceo. what jamie dimon tells maria about another recession. she'll join us coming up here. plus this. that is an absolute mess on the streets of texas. an explosion at a hotel, how those staying there are doing today. even a little blurry vision can distort things. and something serious may be behind those itchy eyes. up to 50% of people with graves' could develop a different condition called thyroid eye disease, which should be treated by a different doctor. see an expert. find a t-e-d eye specialist at isitted.com

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>> dana: welcome back. good morning. a couple minutes from now president trump will begin the oral arguments in d.c. a federal courthouse on the appeal for his presidential immunity case. rich edson will give you details right now. hi, rich. >> good morning. former president trump's motorcade got right to the other side of this courthouse here and he is in that building right

now. these oral arguments are about to get started. the question is whether former president trump has presidential immunity from his time in office in his election interference case. that's what his attorneys are arguing. they write the indictment of president trump threatens to launch cycles of recrimination and politically motivated prosecution that will plague our nation for decades to come and stands likely to shatter the very bedrock of our republic. the confidence of american citizens and an independent judicial system. others say his actions -- the defendant's claim he can't be charged to answer to retain power through criminal means despite having lost the election. trump's trial on election interference is on hold until the courts clear up this issue. the trial judge denied trump's

presidential immunity claim. special counsel jack smith asked the supreme court to settle this issue immediately but the supreme court denied the request punting this issue to the circuit court. here we are today. we expect to hear not from the former president, at least in the courtroom. we'll hear from his attorneys. each side gets about 20 minutes here. it could go much longer than that. as for the judge's hearing this there are three judges. two were appointed by president biden, one by then president george h.w. bush. we expect they could decide it quickly and take it up to the supreme court. the former president's trial on election interference is on hold until this issue gets settled. ist is suppose evidence to get started march 4th but it is expected that could be delayed. >> bill: jonathan turley joins us to give us his expectations. good morning to you. three judges as rich mentioned one appointed by bush 41 in 1990. the other two women appointed by biden in 2022.

what comes of this today, sir? >> i think the odds are heavily against former president trump in prevailing on these claims. he is making a sweeping argument of immunity that may run into trouble even on the u.s. supreme court. at issue is really what in nixon versus fitzgerald the court called the outer perimeter of presidential authority. it is how do we define what trump was doing on january 6th and afterwards? he was certainly president. but i think there is a sticker shock element here for the trump arguments that they would go too far in allowing a president to commit criminal acts. keep in mind this is not finding that he committed criminal acts. the question is if he did commit criminal acts, would those still be covered under this immunity. that's the tough question facing him. there is a number of torpedoes in the water here. one is time, which you

mentioned. most of us expressed skeetty sis many about the march 4th date. less likely now if that date is missed, can they get a trial in before the election? this is a motivated panel likely to issue an opinion quickly. but the trump campaign can ask for review for the full court and then they can go to the supreme court and that will eat up the clock. there is also another marginal issue here. a respected law professor at northwestern has filed briefs that he thinks there is a problem with smith himself. that he and others believe that smith's appointment is unconstitutional. the ultimate hail mary play but the panel is giving it serious consideration. doesn't mean they are buying that argument, but it will be interesting if it comes up

today. >> dana: could the supreme court -- i think the answer is no to this. could the supreme court ask these courts to speed things up to get things going in an election year? >> well, i think that everyone has gotten the message that time is of the essence. but there is an issue here as well, dana. when the special counsel went to the supreme court he said it's absolutely urgent that we try president trump on march or certainly before the election. the court clearly didn't share that sense of urgency. smith is dodgy on why it's so urgent. the department of justice historically has tried to avoid trials that influence elections. so it's not clear to me that the supreme court shares his sense of urgency and will expedite this significantly. but it is clear that it is going to be treated differently. the court is going to address it once it comes up. i also think the d.c. circuit is

likely to do a nascar pace to get it to the supreme court. >> bill: we'll get an audio feed inside the courtroom. doesn't always happen. we'll get it today and get a sense of what's going on inside with these arguments. thank you, sir. talk to you later this hour. i do believe. thank you. >> are we going to see that recession this year? >> it is a possibility. i think they did the right thing to raise rates. it was a little late. i think they're doing the right thing to wait and see what happens. as you said it takes a while to see the full effect of that. there are other financial conditions out there. all those factors may very well push us to recession. as opposed to a soft landing. >> dana: ceo jamie dimon not ruling out the possibility of a recession this year talking to maria bartiromo on fox business. a notable interview, maria.

what was your big takeaway? >> hello, thank you so much. the big takeaway is that the nation's leading banker is still worried that things are going to slow down for a number of reasons. he is ripping mad about these new regulations that the feds are trying to impose. they are capital regulations on the major banks. one issue. another issue is just the lag time it takes for interest rate increases to actually take effect. the federal reserve raised interest rates 11 times in the last year and a half. there is a whole speculation they'll start cutting interest rates in 2024 but jamie dimon is not buying it. he is skeptical on that. he says the fact that we've had 11 interest rate hikes there is going to be a lag effect and we'll probably see the negative impact of that this year and the covid money. all those trillions of dollars that people were getting during covid says that money is going away this year. so people will feel a little

more vulnerable. they won't have the extra cash. they'll be tapping into their credit cards and potential retirement accounts, that's an issue. so between inflation that stays elevated and 11 rate hikes and those regulations, he does believe that we could still see a recession this year whether it's mild or worse than that is open for debate. he is pretty skeptical about the soft landing that everybody is talking about that the markets rallied so much last year in anticipation of. >> bill: it's really great stuff. he talks about a.i. and what we can expect from that. i encourage our viewers to check out your interview on fox business. we're tight on time. apologies, maria. great interview. thank you for being here. >> thank you so much. >> i think biden should be fired. it's why we need a new generational leader not focusing on the past. someone who will focus on the solutions of the future to start

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>> dana: republican candidates are running out of time to catch up to donald trump in the iowa caucuses. now with less than one week until the first contest of the presidential race, nikki haley has moved into second place in brand-new fox news power

rankings. bill melugin is live in iowa. hi, bill. >> good morning. nikki haley has been moving up in the polling as well. because of that she is getting a much bigger target on her back. yesterday alone both trump camp and desantis camp released new attack ads against her. here is part of one of them. >> we don't need to talk about them as criminals. they are not. illegals are criminals, nicki, that's what illegal means. >> so that was from the trump super pac maga, inc. attacking her on immigration. they spent 1.3 million to air this in new hampshire. that's where nikki haley has been polling very strongly in recent days. new polls coming out recently showing she might be within single digits of trump in the state. that attack ad went after her saying she is too weak, too liberal to fix the southern border. haley responded to trump last night during the fox news town hall. take a listen. >> my response is why did obama

sue me for passing one of the toughest illegal immigration laws in the country? just because president trump says something doesn't make it true. he is lying about it. the reason is because he is taking snippets of things i said. i said you shouldn't just do the border wall. you have to do more than that. >> regarding that attack ad the trump campaign released this statement to fox news saying president trump has long said he trained his sights on whoever is number two. ron desantis is approaching single digits everywhere. it is nikki haley's turn in the barrel. as for governor desantis his campaign is attacking nikki haley as part of a $2 billion ad buy. they unleashed a new ad against her saying she has been insulting iowans and wall street funded. that ad plays in cedar rapids,

des moines and the weather continues to get worse. weather expected to dip as low as negative five degrees caucus night. >> dana: you're a long way from eagle pass, texas, but you look great. we'll see you there on saturday. >> bill: a snow day for most kids today. what numbers you look at come monday night. we went back in history trying to figure out among democrats and republicans what do you look for? these are the democratic candidates with the highest percentage of the vote in a caucus that was contested. so they had some competition. tom harkin from iowa 76%. al gore beat bill bradley with 63%. jimmy carter over ted kennedy almost 60% among democrats contested caucuses over iowa going back 3 1/2 decades, all right? this is what we found with republicans now. george bush in 2000, 41%.

bob dole won by 12 1/2 points in 1988, all right? you see the numbers there? democrats were well above 50%. republicans were well below 50%. the poll from last month mid-december fox business. this is where we have donald trump at 52% easily dwarfing the number of ron desantis as 18% and nikki haley at 16%. when you are watching monday night a big story whether or not trump gets above or below 50%. see how it goes. steven law senate leadership fund president and phillip, a former hillary clinton advisor. haley seems to be making a move. is it significant enough for monday? >> two things increasingly obvious. one is that donald trump has continued to have a commanding lead in the polls. he has got a great base and effectively and incumbent and

experienced team helping him capitalize on that. you also see as you note nikki haley seeming to make a move. you can see that in part by the behavior of her two main competitors, the former president and governor desantis. as you know, so much of this is about expectations. if nikki haley does better than expected in iowa or new hampshire, that could change the trajectory of things or if donald trump simply seems to put it away that also could have an impact. but at least those two factors seem to be the dynamics heading into iowa and new hampshire. >> bill: what you say about expectations is a point well taken. if this number not greater than 50% is that considered a disappointment? how will it be interpreted? >> i don't know. i've been watching media for enough years to know there will be a couple story lines coming out of iowa. the first is the winner but the second and third bigger ones are probably the surprise and then

the one who is buried by iowa. if everything happens according to plan, you know, nikki haley is the surprise and ron desantis is the nail in his coffin. anything that deviates from that. i don't know what the numbers are, sure, if donald trump were to poll 45% and nikki haley 35% the story would be she is much stronger than need be. looking at the charts that you were showing it is important to note most of those people didn't become president. only 43% of iowa caucus winners went on to become the republican nominee. so while it is the first sort of rubber hitting the road in the horse race, long term it is not dispositive or probably isn't. >> bill: fair enough point on that. steven law, there is polls and stories being written about african-american voters now and how they are not drawn to joe biden. here is jim clyburn. he led the way almost four years

ago in south carolina for joe biden. watch. >> how worried are you about black voters showing up for president biden in november? >> i'm not worried. i'm very concerned. i have no problem with the biden administration and what it has done. my problem is we have not been able to break through that maga wall. >> bill: to both of you gentlemen, is this story legitimate or is it overblown right now? >> i don't know that we know for sure. obviously congressman clyburn understands his constituents more than anybody else and he was the person who really helped joe biden break through with black voters when he was first running in 2016. i don't think that black voters are going to change dramatically in terms of their political allegiance but he is right they aren't enthusiastic and not inclined to show up absent some significant effort by the biden

administration. i don't know it's so much of a failure to communicate. that was his diagnosis. i think the problem he has is the problem that joe biden has with most voters right now. people perceive him as too old, not up to the job. they perceive bidenomics, a brand that the president created for himself, is not working for most people. they can't afford a car let alone a house and barely afford to pay credit card bills. that's the dynamic causing people to lose interest in this president. >> bill: thank you for that. philippe, an answer. i was thinking about jamie dimon interviewed we shared a few moments ago. if he is right, the economy goes south, those voters will be more sore. >> well, as much as i spebt jamie dimon as being a voice on wall street of what's coming, i hope he is wrong. to go back to your question it is important to note that joe biden at the moment according to the latest polls is enjoying 71%

of the black vote. yes, that is a slip from the more dominating numbers that hillary clinton enjoyed in 2016 and that joe biden did in 2020. i don't think it is bottom falling out. i don't know the difference between worry and concern. in a year where it is likely to be tight as a tick where the last two election cycles have been decided by 40,000 voters, smaller than the smallest nfl stadium in the country, you really can't afford any kind of slippage. the up side is the biden campaign knows full well it whats a lot of work to do. namely with youth and people under 30 and including minorities and just in general breaking through. it is getting very tough. there are a lot of x factors including the top of the show that you had jonathan turley talking about the president's -- former president's various court

issues and being in d.c. today for one of the hearings. all polling shows that's thaw doesn't help him with the larger universe of voters he needs to support him to win a general election. while joe biden can't rely on that and has no control over that, you know, he just needs to get out there and, you know, do what he did on sunday. go to south carolina and go to a black church and tell them what he stands for. >> bill: thank you, philippe and steven. plenty for both sides. >> it will have an impact down ticket as well. it's that close. >> bill: thank you for yours today. >> dana: great interview. if you can't get enough of the iowa caucus i interviewed kellyanne conway yesterday talking about the republicans, talks about biden and some of the choices they've made and i asked her a question what am i missing that sthe is paying attention to? very interesting thoughts on the hispanic voter and what we're all missing going forward. >> bill: later tonight ron desantis is in the town hall in

iowa so we'll share that with you. >> dana: no doubt immigration will be part of that conversation. homeland security secretary mayorkas deflecting blame for the migrant surge but telling a different story behind the scenes. we're live from the border next. spinning it at one location, weaving it, then finally into a cut and sewn product. there's value in buying american made it has a real life impact up and down the supply chain. we want our customers to feel how special this product is, right when they open the box. go to redlandcotton.com and receive 20% off your order with code fox 20. isolated...depressed... and embarrassed. that's how it felt to live with bladder and bowel incontinence. but that changed when my urologist told me about axonics therapy. a long-lasting solution that has really changed my life. this is not another drug, and it works.

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[crowd gasp] ♪ with clearer skin, movie night is a groovy night. [ting] ♪ live in the moment. ask your doctor about otezla. >> dana: an appeals court hearing underway now. president trump is watching his lawyers argue in front of a three-judge panel in the d.c. appeals court whether he can be charged because he is looking for immunity since he was the president of the united states. this is all about the jack smith case against the president. about inciting an insurrection. his lawyers are trying to make examples of previous presidents, including a question of whether president george w. bush could be prosecuted after he was president for what they say -- a trump lawyer saying -- that bush lied about going into war with iraq. that the pretense was false.

the other question was could obama be prosecuted for the killing of an american citizen by drone, referring to a 16-year-old american citizen deemed a terrorist. that designation was without a trial. all this is happening now as the oral arguments are getting underway. court hasn't answered this question before. it could go to the supreme court. a long way to go between now and then. >> dana reads sports. >> dana: yes, tennis superstar nadal may call it quits according to john mcenroy. nadal pulled out of the australian open due to a hip injury. he has won the french open 14 times. tough decision. >> bill: could be a changing of the guard for the old