this. i am very nervous, the past five days i have been so nervous. i feel like i have had butterflies in my stomach so long and i hope we find out soon. [cheers] >> looks like grandpa is going to be here in a few minutes. haven't even gone to bed. >> todd: kai says it was a special night. very proud of her grandpa. bring up a point. what happens by 2026? she can vote. don't discount barron trump and kai trump really getting the next generation. getting those people who can't vote now but can vote in the future come the midterms. watch it be a huge republican trump strategy. >> carley: good point to make, todd, good for you. set your dvr 5:00 a.m. eastern time so you don't miss a minute of "fox & friends first." "fox & friends" starts right now. ♪ lawrence all right.

it's 6:00 a.m. on the east coast and tuesday, november the 12th. and this is "fox & friends." >> brian: trump transition it's full steam ahead. look at this. we are talking national security advisor. we have an idea of who secretary of state. and potential head of dhs. as loyalty proves to be a key component for his picks. >> steve: plus, the u.s. senate is set. the last race has been called. and now the republicans pulled a 53 as you can see, they have gotten a majority. just need 51. they have got 53. so they are running the show. this after being snubbed an invite, pennsylvania's dave mccormick is set to be escorted into today's orientation by a sitting senator. >> ainsley: celebrating 30 years of music we all love. andrea bocelli opens up about his career and his faith. >> i have like two roads.

one was the case. one was good. and i decided to go on the second one. >> lawrence: "fox & friends" starts right now and remember, mornings are better with friends. ♪ ♪ >> brian: president-elect donald trump tapping for key white house positions. >> ainsley: mark meredith is on the trail for the key trump transitions? >> hard to believe today marks one week since elections day. the president's team is working fast to who is going to be working alongside him in the white house. trump is likely to tap florida senator marco rubio as his next secretary of state. rubio was once a vocal trump critic. he has served in the senate since 2011. currently vice chair of the intelligence committee. also urged the u.s. to do a heck

of a lot more to show support for israel. >> playing the long game here. and think they have the upper hand. >> this is a group that wants to destroy israel. hamas exists to destroy the jewish state of israel. what are you supposed to do with existential threat? degrade it or eliminate it. you cannot allow it to continue to survive. >> florida congressman mike waltz green beret veteran urged the townhouse remain tough on iran. a country he sees as a major obstacle peace in the middle east. >> you have to stay on offense and while i absolutely respect the president's right as commander-in-chief, we do have to respond. iran is a regional bully. it will continue to push. it is emboldened by weakness. and it is deterred by strength. now the names have been trickling out one by one. overnight kristi noem will be under consideration for homeland security secretary. we are awaiting more details there. and former congressman lee zeldin set to head up the epa.

the most pivotal moment of the transition is likely to happen tomorrow as the president-elect heads to washington yet again for a sitdown meeting with president biden at the white house. steve, ainsley, brian and lawrence back to you. >> steve: mark, it doesn't sound like melania is going to make the trip. >> the former first lady is not expected to meet with the current first lady. there has been some talk about maybe what was happening behind the scenes there we haven't seen much of the incoming first lady since last tuesday. but i would imagine there is still a lot of discussions about how they are going to set up their living arrangement for part 2 at the white house. >> steve: do you like being in south florida with no necktie on? >> mark: i actually love it. it was just so funny, steve, i feel like it was deja vu i came counsel yesterday. i feel like i paused the last four years. i spent so much time in wilmington this feels like vacation time. feel very happy to be back in west palm. >> brian: if you want to take the rest of the morning off. >> steve: no we need you in one

hour. come up with new stuff. >> brian: four minutes now after the hour. michael walls we knew he was going to have posh job. no one more loyal to the president, and you also should really look at the word loyal. when you talk about loyal. is he not looking for people who is going to i didn't him to death. looking for people he expects to give advice, be sounding boards and talk to him candidly. just people that he gets along with i think that's one thing that other channels, i may be insearly or sincerely think he is hiring people going to do whatever he says. that's not what he is looking to do. knows too much about setting up team. national security adviser member he was key aid to dick cheney. actually in the fight multiple times. and he has a real sense of world affairs e spends all his time traveling the globe. that's why he has going to hot spots. he had such a hard time. when this officially comes down. because he is in line to be governor. he was in line to replace ron

desantis. he probably could get a team together quickly and would be the favorite. >> lawrence: brian, i'm so glad that you talk about what the loyalty thing is. that seemed to be like the dominating question. it's not just loyalty in the sense of to the commander-in-chief, but it's loyalty to the agenda as well. that means the president, which is how it's always supposed to be, sets the agenda and people in the bureaucracy go out there and execute that agenda. doesn't mean that you are going to get walz. there has been a big separation between the people that in the generals and the special operations community. now they have one of their guys that are there. they will tell him exactly what is happening on the ground and is he going to be able to deliver that information to the president. >> ainsley: he has been an outspoken trump supporter. he is also not tolerant of illegal immigration. he has been skeptic about the money we are spending in ukraine and our support. and he has said that iran is a bully. he knows how dangerous that can be if we show weakness there. his wife is dr. nesheiwat, who

is on our show. >> lawrence: sister-in-law. >> ainsley: what? let me finish. i was going there. >> brian: you had him married to the wrong person. >> ainsley: dr. nesheiwat's sister julia. two bronze star for valor. national guard. first green beret to be elected to congress and in afghanistan he was one of the ones that led the search for bill beg dal the deserter. >> steve: last 72 hours a flurry of activity. that is because donald trump essentially got burned the first administration. he will went to washington and tried to find people who were, first of all, loyal, and then aligned with his policy, kind of what you were just talking about. so that was tough. and he put out on truth social the other day talking about how sometimes if you await congressional confirmation, it can take years and that's absolutely true. that's why up on the big board right there. in the middle have you got the

border czar tom homan. he does not have to be approved by the senate. and, let's see, who else? michael walz does not because national security adviser does not. marco rubio, who is expected to be announced as secretary of state, look, he has been a senator for a long time. he will not have any problems getting through confirmation nor will, most probably, the reported department of homeland security secretary kristi noem, which that particular pick a lot of people didn't see coming. >> brian: with marco rubio, is e is very strong basically the portfolio for venezuela and cuba. he kind of set the policy there. he has worked across party lines with foreign relations and intelligence community. he is emphatic call when it comes to this stuff, he lives and breathes it on foreign policy. he knows it's going to be the president's foreign policy. for example he says it's time tweend down the war in ukraine. of course it is ideally. he also knows that knows the

dangers of vladimir putin. he brings up experience with the republican administration, democrat administration. he has been in the minority, in the majority, now he is goods to be in the white house. i don't think he loved being senator. >> ainsley: his story, his mom -- his grandfather had to leave cuba. that's why he says he got into public office because his grandfather saw his homeland being destroyed by communism. parents come over here to miami. they are hardworking cuban immigrants. his dad was a banquet bartender and mom hotel made. we remember that when he was running for president. he was the one who confront the trump in 2019 and said we need to to try to unseat maduro. >> he is part of the gang of 8 right now getting all the intelligence briefings. i also think this goes to the former president-elect now thinking of marco rubio can take

a punch. this was someone that was on the other side of him back in 2016. but he was also the runner-up for the vice presidency as well. obviously the president ended up going with j.d. vance. someone close to the president. and he endorsed the former president even though governor desantis was in the race during the primary so that goes back to that as well. >> steve: and to mark meredith's point, they were rivals once, they ran against each other. we remember they were both on this channel trying to get the job back in 2016. >> ainsley: didn't he endorse trump? >> steve: yeah. eventually he realized okay 45 has got the power and i'm on the same page. that is where we are now. to the point of loyalty, that really is what they are looking for. he trusts all the faces we have then you so far. donald trump trusts them not to go rogue. not going to write books. they are not going to try to just grab a headline for themselves. they are out for his agenda. he did not have that in the first administration.

>> brian: he has a son playing college football right now. so he does -- even though he is going to be traveling a lot. i would just tell you, he really likes the president. i have talked to him multiple times. casual situations. really appreciates his leadership style, which is interesting because he was mentored by jeb bush. and jeb bush was upset that he got in the race and they stopped talking. and then he goes and arrives as one of the finalists him and trump got personal okay. let's put it behind us. ted cruz put it behind us and agreed to coexist. i feel like marco rubio really liked each other's presence. so classy in j.d. vance got the vice presidency the nomination over rubio, he was on the next day and said i really appreciate j.d. vance is a great guy. is he great pick. >> lawrence: marco rubio was set to retire from the senate when trump was elected. trump encouraged him to run.

desantis was set to run. trump asked him to stay in that spot. desantis run for governor. >> ainsley: all the great republican leaders out of florida. ron desantis, michael walz, marco rubio, donald trump. >> brian: worried about the house a little bit that's somebody else not in the house. just real quick interesting to see who replaces marco rubio if he gets the secretary of state job. >> ainsley: ron desantis desantis could appoint. >> steve: could be byron donalds. >> brian: that would be a great move. that mean he doesn't run for governor either. that's another person who was going to run. >> steve: embarrassment of riches. republicans have a deep bench in florida. meanwhile. >> brian: this. that brings us to the senate. where freshman orientation is set up for today. no hazing, right? but chuck schumer is refusing to let pennsylvania senate elect dave mccormick even though the a.p. has called his race attends. >> steve: the state has not said it's official but the write something on the wall. this all comes as we get our

final race called in the upper chamber. madeleine rivera has it all from washington. the house leadership stuff is about to start. and we have got this new person, it looks like dave mccormick and chuck schumer just hasn't said come on down, dave, you're next. >> yeah, so much to watch in this congress, you guys. the associated press called the race rather for democrat ruben gallego in arizona early this morning. now we will see if he and republican dave mccormick who won in pennsylvania will be in invited to freshman orientation later today. neither of them have received invitations. a spokesman for senate majority leader chuck schumer says mccormick was not invited because there were still ballots that needed to be counted in the keystone state. that is despite the fact that the associated press called the race for mccormick on thursday. the a.p. said there were not enough votes in places supporting bob casey for him to overtake his g.o.p. challenger. some republicans are now end caghtd they will personally escort mccormick to the capitol for orientation defying

schumer. >> chuck schumer is just being a big baby. and he needs to just take the l and move on. the a.p. has called this race. it's not particularly close. dave mccormick deserves to be in that orientation, i will be there tomorrow to walk him in because he needs to be there. >> even though mccormick has not been invited to orientation the senate republican conference is allowing him to vote in the secret ballot election for g.o.p. leader tomorrow. the contenders to replace mitch mcconnell john thune, john cornyn and rick scott. president-elect frump has not endorsed a candidate but elon musk and other trump allies support scott. scott challenged mcconnell in 2022 and got 10 votes. the winner tomorrow needs 27 of 53 g.o.p. votes. lawrence, steve, ainsley and brian. >> thank you, maddy. >> brian: amazing the different approaches to the majority leader. rick scott was on every show set. going done on my rye roo show yesterday and on with us.

cornyn -- i don't think schumer ising go be going to be returning. >> steve: i don't think is he going to be on your radio show. >> brian: just a matter of asking, i'm sure. cornyn and thune are keeping a lower profile and it's a secret ballot. you wonder, you know, if any of this is working either way. >> lawrence: i question their strategy and obviously cornyn is my senator from the great state of texas. but, with this new republican party. everything is about the constituency. and they are calling the offices to put pressure on their senators on who to vote for. and so i just find it interesting that they are making zero appeal to the public as it relates to the support. >> ainsley: what i'm hearing from sources in washington many are infuriated about the secret ballot. the good old boy system. smoke-filled room system where every senator needs to be on the record. as their constituents need to know who they are voting for and why. it looks like thune and cornyn, they are very close to mitch

mcconnell. the way it works the magic number as maddy was saying is 27. if the leading candidate gets 20. the next guy gets 19, then the third guy has to drop out and go back and vote again. >> brian: most valuable thing to do be the ones to persuade collins and murkowski is the way it's going to be. >> steve: ultimately it comes down to and maddy touched on this a little bit. will donald trump endorse. >> lawrence: i don't think he is. >> steve: i don't think so either. remember, in the house race, he endorsed when mike johnson eventually emerged he, donald trump, endorsed jim jordan and lost. he doesn't want that again. according to the "new york post" -- rather, the "new york times," there is a big story that talks about how a number of trump's allies are telling him to try to block john thune. and that's why they have got all these maga influencers who calling people on the phone. apparently the maga influencers and maga general doesn't like john thune because he is an establishment republican.

the thing about senators, period, is they don't like to be bullied. and they don't like to be fold what to do. and that is why ultimately it could ultimately go to either thune or cornyn. >> ainsley: lawrence, j.d. vance gets to vote. if you are retiring you don't. this . >> lawrence: this is the way it's always been done, kind of the problem now. you have this new wave of republicans, especially when it comes to the audience now, who is voting for these leaders, they may not like being bullied quote it. people on record to tell them who they are going to vote for or they are going to get primaried and get replaced. remember, donald trump won places where other republicans had ran for the senate, did not win. so there is a mandate for the person that he would like. >> steve: republican party will have to change their rules and won't be for this time. it will have to be for next time. >> ainsley: vote is tomorrow

9:30 in the morning. i cannot believe chuck schumer is preventing mccormick to be able to go to orientation which is this morning. a.p. has called it. all these liberal outlets have called it for mccormick. mccormick has 33,000 more votes than casey. so he has won. >> brian: could i say what i think it means in the big picture? this is an opportunity for schumer to say i will work with you. >> ainsley: right. >> brian: this worries me about the confirmation process. thing can only pick monday through thursday and then you say okay we will do hearings for an hour today and do other business. even so the minority gets a say in that. and then all of a sudden they don't have a vote after they have the hearing. and these things are dragged out. i remember mike pompeo wanted to get confirmed before the inauguration. and they just held him up on a technicality. it hurts the country. both sides do this. nobody is worse than schumer. this would be an opportunity to say here is an olive branch. it doesn't all have to be -- democrats don't have to spend

the next two years in exile. >> lawrence: major position give the president the tools that he feels like he needs. i can't imagine much resistance though when it comes to these appointments after this landslide victory. that would be very stupid politically to still resist when it comes to appointments after the voters have. >> brian: i worry about delay. >> steve: here's thing. this is why crump has made all of these announcements ahead of time. he has got 100 day agenda. what he wants to do, is by aprie passed an extension of the trump tax cuts, he wants a new energy policy, and he wants to do something about the border. he needs all of his ducks in a row. and he needs congress august sewed up so he can get it done. if he does all of that he can do it. >> brian: he can't lose another house member to his cabinet. i would say this, the first thing that's why lee zeldin is so valuable. the epa. release the leases on natural gas.

release the restrictions on combustion engines. and the electric cars and farmers and let's get started. >> ainsley: hand it over to carley for headlines. >> carley: start here with a fox news alert. five people have been arrested on assault charges for their alleged role in the anti-semitic attack against israeli soccer fans in amsterdam last week. according five people hospitalized and 30 people injured. all five suspects are men between the ages of 18 and 37. daniel penny's manslaughter trial will resume this morning after powerful testimony on friday from witnesses who were on that subway the day jordan neely died. subway goers revealing they felt relieved when penny intervened by placing neeley in a chokehold after neeley threatened to kill them. the marine veteran faces up to 15 years in prison if convicted. he has pleaded not guilty. and shocking video out of

arizona shows a 2-year-old getting rescued at the last second after wandering into a busy intersection. >> steve: whoa. >> carley: oh my goodness. a woman not related to the boy running into the road to grab the boy and bring him to safety. officials say the child's father was at work at the time and was supposed to be under the care of his mother. the mother is currently in custody. and child endangerment charges pending. that little boy has a guardian angel looking after him. and andrea bocelli is celebrating 30 years of music, legendary italian singer sitting down with ainsley to discuss his long career and his faith. >> when i was young, i thought to being a not stick. >> i had two roads, one was the case. one was good be sure to stick

around with more of ainsley's interview is andre bocelli on "fox & friends." how cool was that? you got to sit down and talk with him. he is amazing. >> ainsley: is he incredible. >> carley: and so is his faith. >> ainsley: all the taylor swift movie. same person doing this movie about his life. we go to the home downtown, italy, he had all of these family miss celebrates and beautiful musicians and performed huge concert there and they all came on at different times and sang is. >> lawrence: i don't know he was blind. i had no idea. >> ainsley: born with some sort of disorder in his eyes and then playing soccer. and somehow, i don't know if the retina deattached. he is very sensitive about it. we weren't allowed -- i didn't feel comfortable asking about

it. because we were there for his music and his movie. but, yeah. so that's what happened. >> lawrence: what a talent. >> ainsley: he is phenomenal. his son has taken after him. >> steve: his son has been on this program. >> ainsley: his little daughter is so cute. >> lawrence: very talented family. 22 minutes after the hour. trump wins record support from minorities. next guest says because democrats only offer grievance, victimhood and welfare. we'll discuss, next. ♪ dancing in the par... (high pitched sound) (high pitched sound) (high pitched sound)

this is franklin graham. the southern part of the united states got hit by terrific storms this fall. so many people have been hurt. we all go through storms in life. it may be a marriage. it may be our children. it may be our health, cancer. do you have an anchor to hang on to as you go through these storms? i do, and that's jesus christ. 50 years ago, i gave my life to jesus christ. if you've never done that, you can do that right now. just pray this prayer with me. just say, "god, i'm a sinner." "i'm sorry for my sins."

"forgive me." "i believe that jesus christ is your son, that he died for my sins on the cross, and that he was buried, that on the third day you raised him to life." "and i would like to invite him to come into my heart and live from this day forward forever." "amen." if you prayed that prayer, call the number that's on the screen. someone would like to pray with you and talk to you right now, just call that number that's on the screen. god bless you.

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ains ains illegal migrant lakeline i will rye case murder trial tomorrow. todd piro has the rest of the story. >> todd: illegal migrant due in court 10:00 a.m. for a pre-trial hearing ahead of tomorrow's jury selection. facing a malice murder charge. three counts of felony murder and one count each of aggravated assault. aggravated battery. hindering an emergency phone call. evidence tampering and being a peeping tom. police say ibarra attacked and killed riley as she was going on a morning job. phone dialed 911 during the attack roommate reported her missing. prosecutors argue ibarra snuck into the u.s. illegally in 2022

and released back into the country eventually settling in an athens apartment complex a year later. ibarra was issued a bench warrant in december of 2023 before getting arrested in new york city for, quote, acting in a manner to injure a child as well as shoplifting at a georgia walmart. prosecutors are seeking life without parole for ibarra. brother pleaded guilty separate case possessing a fake immigration document but had his sentencing postponed. jury selection starts tomorrow. opening statements in the trial set to begin shortly thereafter. lawrence, over to you. >> lawrence: unbelievable. thanks, todd. so trump making strides with minority voters black voters and 7 points with latino voters since 2020. next guest says all the democratic party offered me was grieve vance, victimhood and welfare. what any black american otherwise wants is the opportunity to work halder and to achieve his dreams. ohio state representative joshua

williams joins us now. thanks so much for giving us some time what did he do different black voters were coming forward with issues they cared about, inflation, job creation, and taxes. they wanted to keep more money in their own pockets. those issues were disregarded by the democrat party. they were looking for answers and they found that in the modern messaging of donald trump and the g.o.p. you know, before the election, we saw the democrat party ignore black voices. but now post election, we are watching the democrat party actually ignore black votes. >> lawrence: yeah, josh, there was a point in the campaign where it looked like the democratic party started to panic. and so they sent out barack obama to really go after black men, chastise us to vote for kamala harris.

it looks like black men rejected that offer. >> yeah, black men are tired of being pandered to. they want to send out barack obama to chastise us for even considering voting for donald trump. when black men brought forth their grievances and the issues they cared about in the election cycle, instead of being confronted with answers and solutions, they were confronted with meghan twerking on stage. g.o.p. came forward with a america first agenda. there isn't black, white or asian or hispanic issues. they are american issues that effect everyone. the g.o.p. came up with solutions that resonated in the minority community. that is going to lead to more minorities ending up in the g.o.p. >> lawrence: josh, i'm curious, what county g.o.p. do more? is this going to be temporary thing or will they build on these gains? >> i think the g.o.p. can listen to every day voters. i'm a former homeless high

school drop out. dropped out of high school. became injured and was disabled for six years. i overcame that and became a practicing attorney and now a state representative. we need to listen to people that have overcome those issues that know what issues are important to the black community and come up with solutions and i believe the america first agenda does that so we need to make sure the senate leadership is going to reflect that america first agenda. we need to make sure legislatures like the ohio legislature which i'm a member of, champions that america first agenda. ohioans clearly demonstrated that's what they want in a president and newly elected senator in bernie moreno. >> lawrence: i'm curious, what made you decide to be republican? you could have picked any party. you have inspirational story. you obviously work very hard to overcome a lot. >> why the republican party. >> i have always been a conservative. when i was overcoming my disability i was concerned with raising my children. making sure they were in a good

school environment. i was concerned with job creation and what my future looked like, having my family in a safe community, making sure i had the opportunity to give my kids the easiest way forward, which is a good education through school choice. and these were issues that were championed in ohio by the g.o.p. so, when i decided to run for office, and champion those issues, the only place where i could find a home was within the republican party. and i'm proud to be the first black republican elected to the state house, the ohio house of representatives in over 50 years. >> lawrence: you know there is an open senate seat because j.d. vance is heading to the vice presidency. i'm sure after this interview, there is going to be a lot of folks saying could josh be the next senator from the state of ohio. thank you so much for giving us some time? >> i appreciate it. >> lawrence: you got it. so today could be trump's final legal hurdle before returning to the white house. what we can expect, next.

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>> you have seen the graphic. here is a fox wildfire alert. deadly fires near the new york and new jersey border are at risk the of spreading as they burn through another 3,000 acres an 18-year-old volunteer forest ranger was killed over the weekend after being hit by a falling tree meanwhile on the other coast in california, thousands forced to evacuate as a mountain fire tears through 20,000 acres. more than 190 homes and structures have already been torched like that one right there. let's check in with senior meteorologist janice dean for our fox weather forecast. it's so windy and it's so dry and those are the perfect conditions. >> janice: yeah, for both coasts. let's take a look at it here in the northeast. another day of fire danger. we are going to have winds in excess of 30 to 40 miles per hour. all of these big cities under fire weather alerts. you mentioned some of those wildfires that continue to burn over parts of the northeast

including new jersey. we have an elevated fire weather outlook for this area and extreme to severe drought. we need the rain and the winds are not going to be helpful as we go through the day today. southern california here is the fire that steve was talking about. 42% contained. we have blustery conditions today with wind advisory in effect. santa ana winds in full force. and the fire weather outlook is elevated. so both of those regions we're going to be watching today. here is your forecast. we are going to be seeing a lot of heavy rain and mountain snow for the northwest. across the gulf coast, showers and thunderstorms and my friends we are watching this area of disturbed weather that could develop into sara, a tropical storm, maybe even a hurricane as 'potentially moves into the gulf of mexico this weekend if you can believe it. fox weather.com for all of your latest details. we will continue to keep you up to date on all of the things i just talked about. let's go over to ainsley and brian inside. >> ainsley: thanks, janice. >> brian: thank so much, janice. now today marks judge merchan's

self-imposed deadline to decide whether to overturn donald trump's 34 felony charges or if sentencing will go on as planned at the end of the month. >> ainsley: with jack smith's cases winding down and the fulton county case in shambles, andy mccarthy is calling this the last stand of anti-trump lawfare. constitutional law attorney and former federal prosecutor katy windicate joins us now. >> judge has a perfect excuse to dismiss this case. the immunity decision lays out this case as a textbook example of a case where have you inadmissible evidence of acts that occurred during a presidency. therefore the case should be dismissed. whether he actually does that though is the bigger question, obviously he has been very unfavorable to president trump, historically throughout this trial. so, regardless of what he does, is he essentially going to reach a dead end anyway because ever the appellate issues that are at play here just going back to the

immunity supreme court ruled. president can do whatever he wants. that's not what the supreme court said they are saying this took place during the period where this payment -- during the period when he was president of the united states does he have immunity. was this to make this case go away and michael cohen is in the middle of it. does it fit the criteria for it to go away in your view if you are judge merchan? >> this case seems like i said a textbook example of what the supreme court was referring. to say it would be almost absurd to me if judge merchan did not dismiss this days. what the supreme court said in terms of presidential immunity is that a president is immune for all official acts during their presidency and they cannot be indicted for those. beyond that, a court cannot even use evidence of potential acts involving unofficial conduct such as. this in this case the money that was paid occurred before the presidency or the act occurred before the presidency. the money actually occurred while he was in office.

all of the evidence pertaining to his conversations with his advisers and other quote, unquote, potentially or maybe even obviously official acts came into evidence in this new york trial. so much so that the prosecution relied very heavily upon what we would probably consider official acts in their closing arguments, and regardless of what, the supreme court may weigh in and say even if the verdict would have been the same. the simple fact that you admitted evidence that pertains to official acts makes this a reversible case. so it seems very clear to me and i think he has the perfect excuse to dismiss the case. >> ainsley: well, do you really think he will? we live here in new york city. the women here are fuming. his daughter worked for all these democrats and helped raise money for all these political campaigns or these individuals democrats. i wonder how much of his political influence, his politics will come into play here. >> well, i totally agree with you that he has been very historically unfair to president trump. he ultimately is an attorney, he is a judge, a jurist.

and he has the obligation to follow the precedent of the supreme court. >> brian: take a look at the cases left. tell me the cases that is really going to be hard to get rid of between the -- between the federal case on the -- in georgia, between the other cases, obviously the one in new york on this fraud case. where do you think is requesting to be the hardest to get rid of? >> the new york case is the only case that essentially has any life left in it. >> brian: jack smith is going to be winding down. >> jack smith winding down cases. the state case cannot be dismissed by the president. the georgia case is still up on appeal there are so many significant issues that could lead to its dismissal. so ultimately, it's anyone's guess what happens with that there is a good chance that the case will be dismissed all together, based upon the district attorney's conduct. >> ainsley: basically if merchan allows this case to go on sentencing in december. all president trump has to do as a team say look at scotus, there was the immunity decision, they

trump any decision that a judge in new york is going to make. so, therefore, it's -- they don't have a case is that right? >> basically anything that judge merchan does, all roads lead to the supreme court. if he denies the motion to dismiss on the immunity, that's immediately appealable order. meaning that before sentencing can proceed, that order can be appealed. and if he tries to continue sentencing, the sentencing will be quote, unquote, stayed, meaning it's paused while the appellate courts look at this. the supreme court, almost like they knew that this case was going on with the language that they used in the opinion about immunity. it refers essentially directly to what happened in this case. using unofficial acts or official acts in a case that's not charged that way. >> brian: thanks, katie, appreciate it. >> ainsley: trump promising a big change in tech. what could be coming to ai, crypto and cybersecurity and the role elon could play.

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>> steve: well, with donald trump winning the white house one week ago today the tech industry is preparing for what will likely be sweeping policy changes involving tech. trump has said he intends to roll back artificial intelligence regulations while expanding american crypto-currency and cybersecurity capabilities.

what does it all mean for you? "tech tuesday" hey, kurt? >> hey, steve, good morning. it kind of occurs to me that when -- [lost audio] >> steve: kurt, i can't hear you for some odd reason. okay. just stand by. stand by. we are going to have a little news nugget with carley and come right back to you. all right, carley has just ran into the studio to do i -- to tell us about chris pratt. >> carley: i don't need to catch my breath. baby news to announce chris pratt and catherine schwarzenegger are welcoming a new baby boy. the proud parents posting on instagram, quote, we are overjoyed to announce the birth of our son ford fitzgerald schwarzenegger pratt.

thrilled. we feel so grateful. the married couple already share two daughters. dom cruise is appearing for the last time ethan hunt in mission impossible the final wreck conning. the eighth installment. this time cruise seems to be barely hanging on. >> have you always been on the right side, brother. enough to regrets neither shut you. >> carley: look at that the man who famously does his own stunts hanging off the side of the plane in that thrilling cliff. follow up to mission impossible dead reckoning part i is set to come out next may. ray dancer went viral during plimpts shutting down rumors she is retiring step away from competing last week. she is now saying, quote: i'm

still going to be part of community jams or i would like to go to community jams and still dance and still break. never use the word retire. i'm never going to stop dancing. she has got the dancing gene and she wants to keep using it. >> steve: indeed. let's hope we never stop dancing any of us. kurt the cyberguy is back. kurt, is your microphone on? >> kurt: really hard to shut me up for the whole duration of the show so i am back. good morning to you. what we were talking about is the trump administration and tech, right? >> steve: good. yes. indeed. take off. >> so i mean what it is president trump's time in the office even a thing. ai leads innovation throughout the world. and it's very interesting what's going on in the trump administration. they are ramping up right now

who is going to win ai innovation. for that matter the trump administration is now going to loosen regulations to help close that patent gap with china and strengthen america's tech leadership throughout this country. it means it's going to be easier for people in america to innovate with ai. i think it's a huge step forward. >> steve: that is fantastic. i know that the trump administration will probably not have as many regulations as the biden administration has, which has proven complicated for the ai industry. meanwhile a story out today, this morning, kurt, that apparently an ai group has asked the white house to make elon musk essentially the ai caesar for the world, essentially. which, when you think about it, if you are going to put him somewhere, that's a good department for him. >> kurt: i want to learn how one human being can stretch himself so thin and do so well in every avenue he goes down from launching rockets to creating

electric vehicles to now an ai czar? >> well, yeah, i mean, he understands ai. he really was early on investing and working directly with open ai. so i wouldn't be opposed to that i think we have got to have somebody who knows what is going on. what we have seen in the past is a bunch of old people who don't get ai at all. now to have somebody smart, at least at the helm at the table speaking sounds like a really good idea for me. >> steve: absolutely. keep in i understand moo, you know, china would like to beat us at ai. elon musk could actually put us over the top. >> >> kurt: that's 100 percent true. whatever he touches in a crazy way, turns to billions of dollars of gold. and he just does it every single time. excepts for twitter. which is now x, we'll see what that is. but that is -- you know, is it doesn't even matter. is he so rich at this point. can buy another tech company and run it into the ground if he wanted to. if we are talking about -- if

we're talking about what is happening in tech, also for yourself in the cyberguy newsletter today which as you know is free. we are tracking a story, what is popping up is people are getting a pop up on their iphone that says there is a virus, so if you get that, watch out for it we're going to show you how to protect yourself at cyberguy.com. >> steve: all right. thank you, kurt. good morning, tampa. ♪ type 2 diabetes? discover the ozempic® tri-zone. ♪ ♪ i got the power of 3. i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it. i'm under 7. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease.

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