david spunt, by the way, continuing to come through the report, 345 pages from the special counsel on president biden's handling classified documents. we'll get back to david, give him a chance to get up to speed on that. he will bring us the breaking news as it continues. meantime, breaking today, it is now in the supreme court's hands to decide whether or not former president trump is eligible to run for president. the nine justices hearing arguments today around this question. is colorado correct in barring trump from its 2024 ballot for "engaging in insurrection", which is something the former president has never been criminally charged with. all of the states that you see on the screen also weighing challenges to trump's eligibility.so the decision really has massive implications for millions of voters across the country. here's reaction from the former president. watch. >> i listened today. i thought our arguments were very strong. an argument is you're leading in every race and every state. and biden, you're leading in the country, by a lot. and can you take the person that is

david spunt has those. what do we know? we expected this because the deadline for former president trump to file with the supreme court was tonight at 11:59 p.m. obviously he came in before that deadline with this filing. 39 page argument from his legal team asking the nine justices on the u.s. supreme court to stay or put a pause on the unanimous ruling from the circuit court last week that found that donald trump is not immune from criminal charges and being prosecuted for his a -- alleged attempted to overturn the 2020 election. so there's untested legal theories here. so what is going on, donald trump's legal team has asked the supreme court to put a pause on that ruling, which really just puts a pause further on proceedings. sandra, this case was supposed to go to trial here in washington d.c. before just tonya chutkin. that is not happening anymore. right now we're looking at being move back at least a couple months because the trial was put on hold. so if the supreme court issues a stay and it takes five justices to

david spunt standing by. let's get to alicia acuna. today in las vegas, but not super bowl. >> no, for once, right? dana, former president donald trump is the only major candidate participating in the nevada gop caucus tonight. the expectation is that he is going to receive those 26 delegates. even with the popularity level that he has, it's very high in nevada. he came to a rally in las vegas last month and urged supporters to do all they could to get to caucus sites tonight. he told the crowd they should ignore the nevada state primary held this past tuesday. nikki haley lost the primary by a more than 2-one margin to none of the candidates option. after the stunning lost in a contest where trump wasn't on the ballot haley said she was never focused on nevada. a couple reasons they held onto the caucus. it is in person and they require voter i.d. we talked to voters about what issues are most important to them. >> the border number one, economy is number two. >> immigration, economy. >> number one economy and immigration. >> so the c

first to david spunt to set things up for us on capitol hill. hi, david. >> the question is what will hunter biden say to lawmakers behind closed doors? he is facing two criminal federal trials. one in california and one in delaware right now. it is not clear what he is actually going to say. this is a culmination of a year's work of republicans' work for her this investigation and a second chance for hunter biden to take the opportunity and come and testify. as you see and you just saw in the clip in december he technically did come to capitol hill but didn't come to the hearing room and talked about why he believes republicans are trying to ruin him and playing politics. republicans want to ask him about his business deals how they directly relate to his dad, the president. today's deposition is the larger investigation into president biden. hunter has been a large part of that. the deposition is not the conclusion of the impeachment inquiry. there are more subpoenas and witness interviews to come and we'll continue to follow the facts and info

first up fox news's david spunt live in d.c. on fallout from special counsel hur's report on president biden. david? >> reporter: david, the department of justice is willing to cooperate and turn over the transcript if several hurdles are cleared. in a letter sent late friday to the chairman of the big three committees looking into the impeachment of the president the doj official wrote, the transcript of the interview between robert hur and president biden that took place in october must be looked at by intelligence agencies to make sure there is nothing classified. after all the whole premise of the investigation special counsel hur was looking into classified information found at the home and personal office of president biden. once any classified information is redacted the white house would then be able to look at any sort of executive privilege if warranted. if that happens, that could definitely slow down the process for doj turning over the transcript to capitol hill. when it comes to executive privilege i'm told there i

back to you. >> harris: david spunt, thank you very much. you heard david mention something and it's where i want to start with jonathan turley law professor at g.w. university and fox news contributor. this was elena kagan asking about who should decide this for the whole nation? can we watch that? >> justice kagan: why should a single state have the ability to make this determination not only for their own citizens but for the rest of the nation? >> because article 2 gives them the power to appoint their own electors as they see fit. but, if they are going to use a federal constitutional quantification as a ballot access determinant, then it's creating a federal constitutional question that then this court decides and other courts -- other states -- if this court affirms the decision below, determining that president trump is ineligible to be president, other states would still have to determine what effect that would have on their own state's laws. >> harris: what's your read of the question and the answer? >> ha, well, i think that the ad

let's go to david spunt live on capitol hill with details. >> david: we heard from nancy mace from south carolina who said hunter biden has not once invoked fifth amendment right to self-incrimination. she says he is defiant. house democrats say he is being very candid and there is no impeachable evidence that relates directly to hunter biden. this will be a long day for hunter biden and his attorneys and for members of congress and staff in the room. hunter rushed past cameras, joined with his lead attorney abbe lowell. he told a committee for more than a year your committees have hunted me in your pursuit of my dad. you have trafficked inuendo, ignoring clear and convincing evidence staring you in the face. you do not have evidence to support the conspiracies about my father because there is not any. the house republicans want to ask hunter about business deals to see if and how they relate to his dad, the president. today's deposition is part of the larger probe into president biden and hunter has been a large part of that. >> i'm ready to try to begin to close this investigation. thi

david spunt is live on the hill as well watching that. what do you expect?> good morning. bobulinski arrived on capitol hill a short time ago. unlike some of the other hunter business associates that spent hours before democrats and republicans answering questions he won't be so kind to hunter biden or president joe biden. he said he has met directly with them several times. republicans are you praising him before he testifies. democrats say he has serious credibility issues. we expect him to sharply criticize hunter biden and joe biden. to refresh everyone tony bobulinski worked with hunter biden to create a joint venture called a holding company with the chinese energy company cefc. he says he met with joe biden in may of 2017 and provided text messages that prove he met joe biden in 2017 after he left the vice presidency. bobulinski says he texted the president's brother, jim biden, after that meeting. in the text obtained by fox news he said he texted jim biden great to meet you and spend time together. please thank joe for his time. was great to talk. t

mike, back to you. >> mike: david spunt live on the hill. david, thanks very much.dent biden is in california to meet with supporters, raise money and quell growing fears about his mental and physical fitness. is he also trying to appeal to younger voters with another major push for student loan forgiveness. rare good news for the president on the polling front. white house correspondent peter doocy has details tonight. good evening,. >> peter: peter we spoke to a white house official inside who is not waiving us off a politico report tonight that while congress remains stuck on trying to fix things at the border, president biden is considering trying to do something on his own with an executive action that would in part make it impossible for people to claim asylum in between ports of entry. basically people would have to go line up where there are border patrol agents if they are going to declare asylum once illegal crossings release -- reach, rather, a certain number per day. that is just one of the problems. president biden is trying to fix. he also wants to thr

david spunt at the justice department. -fire between israel and hamas are underway in egypt, new images of the hamas leader of the september -- of the october 7th attack are drowning out president biden's calls for restraint there as israel tries to move in and take out hamas leadership. senior correspondent mike tobin is in tel aviv with the latest tonight. >> new video israel says shows the most wanted man of this war, sinwar. the idf calls him a mass leader the leader of the october 7th terror attack. the army spokesman says the video is from october 10th. showing sin warr with one of his lives brother and kids traveling in tunnel beneathian munis while people are suffering above ground sin warr is hiding under ground underneath them running e the coward that he is. >> fire fight part of the operation that freed two israeli hostages monday morning. that happened in the town of rafah, the last unconquered city in the gaza strip. >> on the border with egypt rafah is where palestinian civilians fled the fighting and struggl

correspondent david spunt is in washington tonight. good evening. >> hi, trace a showdown between the justice department and the white house with both legal and political consequences, the doj met today's deadline to refly congress about the transcript of the interview between special counsel robert hur and the president of the united states. as far as the justice department is concerned, the document may be released but before that happens, several hurdles have to be cleared. must first be reviewed by intelligence agencies to make sure there is nothing classified. once any classified information is potentially redacted, the white house would be able to subjectively invoke executive privilege over is specific passages if warranted. if that happens, that would slow down the process for doj turning the transcript over to capitol hill. and there's not much, trace, that doj can do to stop executive privilege concerns. also this week, another big step in the investigation to impeach the president. james biden, on screen right, the president

to death that this decision could put new york's economy into a deep freeze, kelly o'grady and david spuntith details. we have fallout from special counsel's hur report on president biden. reporter: the department of justice is willing to cooperate and turnover the transcript if several hurdles are cleared. in a letter sent friday to the chairman of the big three committees looking into the impeachment of the president, doj official wrote: >> whole premise of the investigation was special counsel hur was looking into classified information found at home and personal was on the of president biden. once any classified information is redacted white house would be able to look at any economy of privilege if -- executive privilege if warranted. that could slow down the process. with executive priv ridging ridging i am told there is not much that doj could to do block the privilege. and with the law, longstanding department of policies and principles and available resources. attorney general merrick garland is putting pressure somewhat to the white house to make a decision as white house also ha

. >> dana: david spunt live at the justice department.biden administration and campaign mad at robert hur or merrick garland, the attorney general? >> i think both. the pressure is increasing not only on merrick garland from both sides of the aisle for appointing hur. robert hur continues to see increasing pressure from republicans and democrats for different reasons. as you mentioned republicans want this transcript to be released. the interview with the president happened this past october at the white house. it was part of a two-day period about five hours total. robert hur actually in the room sitting across from president biden and counsel that was right there at that time. it was transcribed and also recorded on tape. fox news is told while hur's office is not specifically commenting, it is unlikely that hur will release the transcript via a source familiar. however, it doesn't mean biden world won't in some form. >> it was a pretty surprising that the special counsel would state the obvious in writing that joe biden's mental capaci

david spunt live at the justice department. what's the trump seem saying about this, david? >> john, in basic words the trump team is saying it is against donald trump's constitutional rights to run for office if he's taken off the ballot in colorado. supreme court will have a big decision tomorrow as you mentioned, this is specifically dealing with that part of the 14th amendment, arguments kick off at 10:00 tomorrow and they are expected to go some time. a little longer than normal given the weight of this, and not to forget we are neck deep in political season right now as the presidential election is coming up. the justices also likely to be involved in another trump issue coming up. this of absolute immunity. claims he can't stand trial in washington, d.c. for his attempts to overturn the 2020 election because of presidential immunity. yesterday, john, a three-judge appeals panel here in d.c. ruled he is not immune from prosecution. writing for the purpose of this criminal case, former president trump has become citizen trump with all the defenses of any other criminal

>> bret: david spunt, justice department. david, thanks. jonathan turley will join us on that and more. meantime the fox corporation is partnering with espn and warner brothers discovery in a new sports streaming venture. the service will stream content that airs on networks owned by all three companies. a new stand alone app. built from the ground up is expected to launch this fall. stocks edged higher today with a late day bounce investigators earnings and interest rates. the dow 4141. nasdaq finished ahead 11. up next the stunning verdict involving one of the parents of a school shooter. we will bring you that first, here what happens some of our fox affiliates around the country are covering tonight. fox 5 in new york as accused gilgo beach serial killer rex heuermann appears in court for the first time since he was indicted for a fourth murder. he has pleaded not guilty to all charges. his defense attorneys say they want to make sure police has followed up on every lead they received over the 13-year period when the case went cold. fox

correspondent david spunt has the latest on this breaking news from the justice department. evening, david. >> david: bret, good evening. this is breaking just within the last hour and a half or so. special counsel david weiss, who is investigating hunter biden is charging a former fbi informant with lying to the fbi about alleged bribes accepted by joe biden and hunter biden five million dollars each and allegedly accepting them from associates tied to ukrainian energy company burisma. this man his name is alexander smear notify, 43 years old, arrested at the las vegas airport today just hours ago. the indictment says smirnoff told fbi agents that hunter biden and joe biden were paid $5 billion apiece in bribes to help keep a ukrainian prosecutor from looking into the company burisma the allegations were noted on a form used by fbi sources and last summer, republicans on capitol hill wanted to perform so badly they threatened fbi director christopher wray with contempt of congress. the form was eventually viewed by members of both parties in a secure area. oversight chairma

we do fully expect it to happen in the weeks and months ahead. >> dana: david spunt. thank you. >> bill: a sobering day. andrew is back for a second day. former federal prosecutor. noah rothman. good morning to both of you. context for the last 24 hours for a moment. we knew that the supreme court was going to argue and we were going to listen to it. we knew at the end of the day nevada was going to caucus and in all likelihood donald trump would win and he did. the news seems to be everything that was in the middle. joe biden came out at 4:30 afternoon in the praising the findings. talking heads on cable went after this report about his elderly state. sympathetic jury would probably be sympathetic toward him. it seemed -- i don't know, but it seemed like that was the impetus for him to come out last night if prime time at 8:00, which he has rarely done. do you want to take the politics of that, noah? >> all you have to do to understand how positively deadly this is for joe biden's behavior to observe the activity by the president that is very unusual for him yesterda

not that quick. >> bill: thank you, david spunt in d.c. t.dad accused of tussling with a photographer. he hit a member of the paparazzi in sydney, australia while he and his daughter were getting off a yacht. her team says two individuals were aggressively pushing their way towards taylor grabbing at her security personnel and threatening to throw a female staff member into the water, end quote. so dad fought back apparently. >> aishah: good for dad but -- [inaudible] >> bill: that would be an interesting twist, would it not? there you go from down under. >> aishah: still to come spring break a rite of passage for every college student. this year you better watch out says the state department. what to look out for and where to go. schools shut down during covid turned out to be disastrous for so many students. so many of our kids. dr. phil is still fired up about this and he is not mincing his words. >> they knew that when they shut the schools down. you pull out the support system and as well as pulling out the support system, you disrupt --

>> shannon: david spunt for us tonight. thank you, david. ♪ ♪ >> shannon: we have an exclusive interview tonight with the acting director of the immigration and customs enforcement. about how the president's border crisis doesn't end at the border. here is correspondent griff jenkins. >> i deal with risks. i deal with this every day. >> immigration and customs enforcement acting director patrick electric lightner tells fox exclusively the migrant crisis is taking a radial toll well beyond the southern border any time dealing with increased numbers there is more risk bottom line. >> griff: ice around more than 73,000 migrants with criminal histories, with more than 290,000 associated charges. including sexual assault, homicide, and kidnapping. think also arrested 139 known on or about suspected terrorists, a nearly 150% increase over the previous year. >> we have some of the best capabilities in the world we are doing everything we can to ensure the public safety. >> griff: but it's a tough job for suspects in this body cam f

david spunt, thank you.ohn. >> john: jonathan turley, constitutional law attorney and fox news contributor. what hunter biden said, i did not involve my father in my business, not while i was a practicing lawyer, not in my investments or transactions, domestic or international, not as a board member and not as an artist, never. that's pretty much word for word what jim biden said when he was testifying last week. any reason to believe either one of them? well, you'll notice he does not say my father did not know about my business activities as he was flying on air force two, for example. previously contradicted his father who maintained throughout the campaign he had no knowledge of his son's business dealings. most of us believe that is now patently false. but you'll notice the nuanced language in all of this. i think that the democrats did a disservice to themselves by coming out too quickly, you know. they came out in about an hour after the deposition had started after hunter biden read that statement, s

fox justice department correspondent david spunt is live on capitol hill.ocrats are hoping that would blow a hole in things. where do we stand? >> they are, harris, ultimately democrats are even asking the question about the f.b.i. and employing smirnov as a confidential source for so long. it came up today before james biden arrived on capitol hill. he is behind closed doors. it will be a long day for the president's brother, james, or as he is known jim biden. probably until 6:00 tonight. i tried to ask him some questions about using his brother's name in business. he declined to answer. he kept walking forward. his lawyer said he would have no comment. republicans believe that some of this interview today will potentially lead them down new avenues or confirm facts about joe biden's alleged involvement in family business affairs. democrats are likely to downplay what jim biden has to say arguing it is not related to joe biden, the president of the united states. the house republicans including chairman james comer of oversight have always said that joe b

correspondent david spunt has been following this. has details tonight. od evening. special counsel jack smith had until tuesday to file his response. but he did so about less than a week early showing he is ready to get this trial on the move and he wants the justices to do so. he wants them to take up this issue as soon as possible, make a decision. i want to read part of this, he says, in the public interest in a prompt trial is at zenith. we are here, a former president is charged with conspiring to subvert the electoral process so he could remain in office. the nation has a compelling interest in seeing the charges brought to trial. now, bret, we await to see what the supreme court does. will they issue a pause? will they get involved or will they completely stay away from this all together? jack smith's main motive is to get this moving, moving, moving. the former president is to get this delay, delay, delay. possibly putting this trial into the summer, into the fall, which has real questions as we get real question to the election. now we await the

correspondent david spunt is at the justice department for us tonight. nder smirnoff is the former fbi informants. detention hearing held right now in las vegas where special counsel david weiss and the government is making a case to keep him in federal custody. smear notify was charged last week with making up a story that joe biden and hunter biden each accepted $5 million from ukrainian officials. the special counsel david weiss who is also prosecuting hunter biden dropped a new document today in this detention hearing arguing that smear notify has ties with russian intelligence operatives. he m met with those operatives n november and planned to meet with them again soon in an attempt to effect this year's presidential election. the special counsel writes in part the misinformation he is spreading is not confined to 2020. is he actively pedaling new lies that could impact u.s. elections after meeting with russian intelligence officials in november. and in light of the fact there is a serious risk, he will flee in order to avoid accountability for his

david spunt at the supreme court, what i find so incredible about this but i love what it says aboutur country, we can have a calm, rational, yet still heated discussion about something that is going to be use this big, possibly taking a mere candidate's name off the state ballot without coming to blows. just seems odd that we are deep in a get in the context of what some people call an insurrection. others a disturbance but the justices seem to be piling on the colorado lawyer here. i wanted to get your thoughts on where you think this stands. >> they really are, no question. even the liberal justices, kagan, sotomayor, have specifically been asking very pointed questions to jason murray who is representing those colorado voters who sued to try to remove donald trump from the colorado ballot. you can't see it on television behind me but from where i am at least, you can see the capitol dome across the street, the supreme court right across the capital and those could ask of donald trump say he committed insurrection in the shadow of the us capital. these arguments are been going on

sandra. >> sandra: david spunt at the justice department.n. >> john: to atlanta, where a motion hearing for fani willis is underway. a judge overseeing former president trump's georgia interference case will determine whether willis and prosecutor nathan wade will testify on their alleged misconduct. let's bring in jonathan turley, george washington university law professor and fox news contributor. immediately at issue, jonathan, is when the relationship between fani willis and nathan wade began. they insist that it did not start until after wade was hired in 2022, but wade's former divorce lawyer, who is also a colleague at his law firm, terrence bradley, claims the relationship began way back in 2021 before fani willis even became the attorney general. that's a huge discrepancy. >> it is, and the universe getting stranger and stranger. a former counsel, let alone a former partner does not come forth with evidence suggesting you have lied. but what makes this very serious is that these alleged false statements were put into an affidavit wh

>> shannon: david spunt, thank you very much. >> thank you. >> shannon: stocks were down today. dow lost 145. the s&p 500 was off 24. nasdaq fell 131. for the week, the dow lost a tenth of a percentage point. the s&p 500 was down four tenths, nasdaq finished off one and a third. house education and workforce committee chairwoman virginia fox has issued subpoenas to multiple leaders at harvard university. she is accuses them of failing to produce documents related to the comm committee anti-semitic investigation. it is cooperating with the committee and continue to provide additional materials. it says it must also protect the legitimate privacy, safety and security concerns of its community. ♪ >> shannon: health officials in gaza say five patients in intensive care dyed after oxygen ran out stormed by israeli troops. soldiers were searching the complex where the military says it believes the remains of hostages abducted by hamas might be located. israel says it detained dozens of people, including some allegedly involved in the october 7th massacre. new images indicate egypt is

we're getting david spunt at the justice department. he will be with us. there he is. en sending out interesting for examples taken from the report of the condition of the storage facility in which president biden had these classified documents in his delaware home. what are you seeing? >> we have photographing of the storage facility. we'll try to turn them. this is a 345 page report made public by the special counsel delivered to congress. as we noted, the white house had no annotations. i'll show you some pictures until we can at least get them on camera. you can see right here, there's a becomes with classified documents inside the garage of the president. i want to read some passages from it. it says among the places mr. biden's lawyers found classified documents in the garage was a damaged open box containing numerous hanging folders, file folders and binders. the box labelled "cabinet and desk force" was in a mangled state with ripped corners and two of the two-point flaps torn off. in december 2022, 23, mr. biden's garage and home office, they found classified d

david spunt on all of that. so this calls for a legal-palouse.marble team of lawyers joining us. katie czajkowski, john dupree, john yoo. first on the aleck under smirnoff stuff, 43 years old, essentially charged with lying. i don't know where this goes from here, but that was the whole enchilada for the case, going after hunter biden beauty was the secret weapon and these ties to burisma that were provable through him. there might be others out there, but it's got to be a big blow, at least to republicans. what do you see? >> absolutely, that information was essentially the crux of the case tying the bidens to burisma, so if that was in fact false, and again, he has just been indicted at this point, he has not been convicted of lying, perhaps he is maintaining that he wasn't lying, but if he was lying, then that does take a significant portion of that puzzle there. so a connection would have to be drawn in some other way. >> neil: all right, then the separate issue with robert hur, clarified in documents, the president joe biden's handling of th

david spunt is outside the door. oh, now he's inside. >> brian: no overcoat. >> steve: as soon as hunter biden goes by, you will ask questions and he will turn and answer thoroughly, is that the plan? >> i think he will sit down and talk with us for about an hour. no, just kidding. we know hunter biden will be walking through this door before 10:00, that is when this deposition begins. it is going to be under oath, a transcript will be released. will he sit down in front of camera and give testimony. he's offered that in the past. james comer and jim jordan that are overseeing this probe want to do this behind the scenes first, that is the way they want to handle this impeachment before they do anything on camera. it is combination of republican efforts to look into impeachment inquiry they started several months ago. this is not hunter biden's first crack at deposition on capitol hill. he was supposed to be inside a hearing room for deposition in december. hunter's team is hoping this recent arrest of former fbi inf

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david spunt from the justice department follows this the day after. what's up here, david?od morning, bill and dana. it is a big story. the former f.b.i. informant went to f.b.i. agents and repeatedly over and over again indicated that both joe biden and hunter biden accepted $5 million each in bribes from ukrainian associates connected to the ukrainian energy company burisma where hunter biden was on the board. david weiss, investigating hunter biden and taking him to federal trial in both delaware and california, says that this man, 43-year-old alexander smirnoff arrested yesterday in las vegas repeatedly lied to the f.b.i. multiple times. the indictment says that smirnov told f.b.i. agents said hunter and joe were paid to help keep an craneian prosecutor from looking into burisma. they said they were right. another instant of comer and jordan peddling falsehoods based on dishonest uncredible allegations and witnesses. the top republicans in congress looking at hunter biden and joe biden. oversight chairman comer and other republicans took those allegations as fact. comer

david spunt joins us from the justice department. s a big win for special counsel jack smith and clearly a setback for former president donald trump. this is a marathon, not a sprint. a 57-page opinion just dropped within the last hour or hour and a half written by the three-judge panel. they all agreed he is not immune from prosecution for the indictment that accuses him of trying to overturn the results of the 2020 presidential election. the chief argument made by trump's legal team that presidential immunity stands. the court has not persuaded writing for the purpose of this criminal case former president trump has become citizen trump with all the defenses of any other criminal defendant but any executive immunity that may have protected him as president. they said every future president who leaves office will be immediately indicted by the opposing party. without complete immunity a president of the united states would not be able to properly function. special counsel smith wants to gets the trial back on track. the day before su

david spunt live on capitol hill. hi, david. >> hi. jim biden will answer questions. what we expect will be most of the day on capitol hill. this is a transcribed interview. it is not a deposition meaning he is not under oath. however lying to congress is a big no no. in fact, it is a federal crime to do so. this is part of the impeachment inquiry into jim biden's big brother, president joe biden. republicans believe jim biden will lead them down new avenues to confirm facts about joe biden alleged involvement in family business affairs. democrats argue it is not related to joe biden and his presidency. house republicans including the man leading the impeachment probe, james comer, have always said joe biden is the brand, the brand other family members like they used to make money. the president called for an end to the impeachment probe. one week from today hunter will answer questions in the same building on capitol hill. this will be a deposition and hunter will be under oath. he originally was supposed to talk with impeachment investigators in december but didn't

first let's go to the justice department and david spunt reporting live from washington. d. >> hi, martha. the interview began around 10:00 a.m. republicans are praising tony bobulinski. democrats say his credibility is nonexistent. >> he tries to link joe biden and the president but provides no evidence. so there's zero evidence in his opening statement that links the president. >> tony bobulinski said he's qualified to talk about what he calls joe biden's involvement in hunter biden's business deals. he worked with the president's son to create a joint venture with chinese energy company cefc. tony bobulinski says he provided texts that prove that he met joe biden in may 2017 two times after joe biden left the vice presidency. bobulinski says he texted the president's brother, jim. in this text, he texted him great to talk. the investigation to hunter biden has brought out an impeachment investigation of his dad, joe biden. next week the president's brother, jim biden will come and answer questions behind closed doors. after that, hunter biden at the end of the month. ma

correspondent david spunt tells us what happened from the justice department. evening, david. >> bret, good evening to you. alexander smirnov the former fbi informant is behind bars once again after federal judge, this time, deemed him a flight risk. their november is part of this larger investigation into the biden family, specifically hunter biden. he is 43 years old. he appeared before this federal judge in california and, bret, he holds dual citizenship. both israeli and american citizenship. he pleaded not guilty when appearing before george w. bush appointed judge ottis wright in l.a. just a few hours ago. the government argued that smirnov had access to contacts in other countries. several million dollars in weapons. after being on the fbi payroll for years, smirnov was charged with lying to the bureau when he said that both joe and hunter biden received $5 million each in bribes from ukrainians. last week in las vegas, where he was first arrested, a magistrate judge released their november from custody with a g.p.s. monitor. he was arrested again at his

first to david spunt covering this live for us. brings us us to speed. hi, david. >> hi, martha. good afternoon. good to be with you, a long day for the president's younger brother, jim biden. this interview began at 10:30 and expected to go in to the early evening hours. jim ignored questions, walking in to the building this morning. >> did you use your brother's name to help sell influence, sir? >> when it comes to joe biden. >> today we're largely going to focus on the precandidate time. the money, the business, the brand. that will be the focus of today's questioning specifically relative to jim biden's involvements, james biden's involvement with cffc. >> the cefc is the chinese company that has ties to the communist party and hunter biden, the president's son. in his opening statement today, jim biden said i've had a 50-year career in a variety of business ventures. joe biden has never had any involvement or direct or indirect financial interest in those activities, none. democrats down played jim biden's testimony so far and the impeachment probe pointing to a court filing

david spunt live at the justice department with more. what are we expecting?ll of questions from democrats and republicans. jim biden is under oath. of course, lying to congress is a crime. house republicans wanted jim biden to sit and answer questions about his business deals and if president joe biden may be related to the business deals in any way. we know jim biden once helped promote a hospital chain using his big brother's name. it collapsed and faced numerous counts of fraud, including medicare fraud, this according to a political investigation over the weekend. james comer have always said that joe biden is the brand. the brand that other family members including jim and hunter have used to make money. the president himself last week called for an end of the impeachment probe. james biden testifies tomorrow. a week from tomorrow hunter biden will sit down and answer questions from republicans and democrats who were supposed to come in and talk and answer a subpoena in december, but it was pushed back after he showed up on capitol hill. of course, we'll

david spunt with what is at stakes. hi, david. >> good afternoon.t the united states supreme court. donald trump's attorney say it's simple. taking him off of the colorado ballot in any form strips him of his rights as a presidential candidate. arguments are expected to last about 90 minutes. could go longer given the nature of this specific case. we're talking and a case from colorado very voters want to take trump off of the ballot. we'll hear about a key provision of the 14th amendment, specifically section three that bars those from holding federal off that engaged in insurrection while an officer of the united states. something put in place after the civil war to keep confederates running from office. the question is if it applies to the president in his conduct in office. voters in colorado sued aiming to remove trump from the ballot over his alleged involvement in trying to overturn the respects of the 2020 election. trump's attorney say he's not an officer of the united states and that the issue is best left to voters. the judges may rule na

david spunt at the d.o.j. with more. the testimony happening tomorrow. >> it will be a big day. getting the brother of the sitting president of the united states to appear on capitol hill as part of an impeachment inquiry into his big brother is a coup by republicans wanting to talk to james or jim biden for several months. they first issued a subpoena back in november for him to come in december but schedules, some issues back and forth prompted this to be pushed back until tomorrow. he will appear on capitol hill answering questions behind closed doors from republicans and democrats about business deals, if they relate to his brother, the president. james biden once helped promote a hospital chain using joe biden's name. it collapsed and faced numerous counts of fraud. part of a political investigation published over the weekend. house republicans including the man leading the impeachment probe james comer have always said joe biden is the brand. the brand other family members use to make money. the president himself called for an end to the impeachment probe. james biden test

. >> aishah: fox news contributor james freeman is going to join us in a minute, but first, david spunt live on capitol hill. what are you hearing about the closed door meeting? >> from everything we can tell, aishah and john, james biden is defending his big brother what happens to be the president of the united states. the interview began this morning at 10:30, it's supposed to last into the early evening at least. we'll see how long it goes. i pressed jim biden on his way into the building this morning. watch. >> brother's name to sell influence, sir? >> we are not commenting. >> i said did you use your brother's name to sell influence, he didn't answer but did dabble in multiple businesses and allegedly used his brother's name for influence. republicans leading the impeachment probe into the president say there are several periods to focus on when it comes to joe biden. >> i think today we are largely going to focus on the precandidate time, the money, the business, the brand, the focussing of today's questioning, specifically relative to jim biden's involvement with cefc. >> cefc i

david spunt is live in washington as we do await this, david.o show up, right, this time? >> from everything we know, sandra, he is going to show up, and a second chance for him to come and sit down for a formal deposition under oath. in december technically he did show to capitol hill, just not inside the hearing room. inside with the capitol dome behind him he laid out his case where he thinks republicans are playing politics. they want so ask him about his business deals if it relates to his dad, the president. it's part of the impeachment inquiry into the president and hunter is a large part of the probe. citing the arrest of the former fbi informant behind bars after a judge determined he was a flight risk. he's charged with lying to the fbi when he said joe and hunter biden received $5 million each in bribes from ukrainians, a talking point republicans used for months. republicans insist they are also looking at chinese connections to hunter and their investigation is more than smirnov, although democrats believe this revelation means the

let's get the latest open that from david spunt at the justice department. hi, david. >> hi, neil. 345 pages, a scathing report calling in to question the president's mental faculties in many ways. while the president superior not charged, robert hur, the special counsel, make serious allegations and take serious swipes at the president. i want the read part of it where it mentions no criminal charges. he says this out of if gate, we conclude no criminal charges are warranted in this matter. we would reach the same conclusion even if department of justice policy did not foreclose criminal charges against a sitting president. however, we have some photographs in the report of president biden's garage in wilmington, delaware at his home where he stored documents from afghanistan in a box in a tattered box. tattered and torn, open in his garage with classified information. special counsel hur said that was not inappropriate place to hold this classified information. you can see it there out in the open for people to get ahold of that. the biden white house, the

david spunt is in washington with the latest ahead of his deposition. david? >> hi, charles.second chance for hunter biden to come in and sit down for this formal depp since. he will be under oath. in december, technically hunter biden did show up to capitol hill, just not inside the hearing room. he stead right there with the capitol dome behind him as he laid out his case for why he believes republicans are playing politics. house republicans want to ask hunter biden tomorrow about his business deal to see if and how those deals directly relate to his dad, the president. tomorrow's deposition is part of the overall impeachment investigation into president biden. heenter has been a large part of that. his legal team has been citing the arrest of alexander smirnoff after a judge determined that his a flight risk. he was charged with lying to the bureau when he said that joe biden and hunter biden received $5 million each in bribes from ukrainians, which was a talking points from republicans for several months. watch from september. >> highly credible fbi source alleged that j

david spunt live at the justice department. where does the probe stand now?i don't like to say it depends on who you ask, but in this case it does. democrats, some say it has hit a few roadblocks, others say it's completely dead there is no more impeachment inquiry. republicans say it continues and will continue over the next several months. chairman james comer of the oversight committee leading the probe is confident that this impeachment probe will continue. he's pressing forward after interviewing the president's brother james yesterday and here is jason smith, another top chairman in the probe. >> yesterday what we saw out of james biden is that all he focused on was protecting the family brand. proven step-by-step that's what they do best, protect the family brand and sell that family brand all over the world. >> john, earlier this week it was revealed a former fbi informant was charged with making up a fake story of both joe and hunter biden, receiving $5 million in bribes from ukrainian. house republicans used that as part of the impeachment probe man

correspondent david spunt looks at all of this tonight live from the justice department. od evening, david. >> david: good evening to you, bret. the former president officially filed his appeal about 90 minutes ago. now we wait for the nine supreme court justices to say something. this they decide to get involved or not they could be weighing in on a massive, mask part of the middle of the campaign 2024 for the next president of the united states. donald trump is seeking a stay or a pause in the unanimous circuit ruling from last week that he a former president is not immune from prosecution to overturn the results of the 2020 presidential election. now, trump's washington, d.c. trial was initially set for march 4th. if the justices issue a stay, expect the trial to be pushed back several months. if they decide not to review the case. this trial could get back on track fairly quickly, bret, and begin, perhaps, late spring or early summer. also today the former president left after spending several hours in a secure room inside a federal 40 house in fort pierce, georgia to

david spunt, thank you. >> bill: want to take you live to pensacola, florida. desantis is about to dispatch institute troopers and national guardsmen to the border in texas. the federal government is suing arizona, suing governor abbott for a couple of years now and now you see what governor abbott has done specifically in eagle pass. if you saw the live picture of the drone ten minutes ago, boy, it is roll after roll of wire and all the migrants and cartels have given up on crossing the rio grande at that point. it has forced the cartels to put more pressure on places like california. that's the reason for the flow. so desantis is making that decision today. we'll follow it from pensacola as we move forward. there is this now. check it out. >> dana: american aircraft carrier protecting commercial ships from iranian proxies. a live report from the u.s.s. eisenhower. >> bill: a group of governors meeting with the president. will they press him for more help on the border crisis? >> dana: new stats on the american workforce. half of college graduates are taking h

david spunt has more. >> the three-judge panel said what you just said in 57 pages clearly some seriousught here. took them almost a month from argument day until today to issue this. while it's a loss for the former president, this entire case has been a marathon, not a sprint. this three-judge panel ruled the former president is not immune from prosecution for the indictment that accuses him of trying to overturn the 2020 presidential election results. this is his chief argument made by his legal team that he was immune because these allegations centered around a time when he was still in office. the court not persuaded writing for the purpose of this criminal case, former president trump has become citizen trump with all of the defenses of any other criminal defendant. but any executive immunity that may have protected him while he served as president no longer protects him against this prosecution. trump's campaign says if immunity is not granted to a president, every future president that leaves office will be immediately indicted by the opposing party. without complete immunity, a

first to david spunt inside the building where it is all going on. >> hunter biden has been on capitol hill his third time in just a few months. really a couple of months. hunter biden rushed past cameras as he got out of his s.u.v. today to walk into this building. we know the deposition began at 10:00. it will be a very long day. not only for hunter biden and his attorneys but also lawmakers. chairman james comer plans to stay in all day. hunter biden walked past the media at a fast clip. we obtained his opening statement that he read in the room and he told the committee in part quote for more than a year your committees have hunted me and your partisan political pursuit of my dad. you have trafficked in innuendo, distortion and sensationalism. all the while ignoring the clear and convincing evidence staring you in the face. you do not have evidence to support the baseless and maga motivated conspiracies about my father because there isn't any. house republicans want to ask hunter about his business deals to see if and how they directly relate to his dad. after all, today's impeachm

david spunt live at the justice department with more on this. eachment inquiry not president, david? >> john, no question it exposes a hole in a key part of that impeachment probe into the president. this is a former fbi informant who claimed that joe biden and hunter biden took $5 million each in bribes from associates connected to the ukrainian energy company burisma where hunter biden once sat on the board. we have done a lot of reporting on the story over the past few years. 43-year-old alexander smirnov, arrested and charged by special counsel david weiss, he was picked up at the airport in los angeles 24 hours ago, he said they were paid 5 million a piece to keep a prosecutor from looking into burisma where hunter was on the board. hunter's attorney tells us we were right and the air is out of their balloon. yet another instance of chairman comer and jordan with falsehoods based on allegations and witnesses. oversight chairman james comer leading the inquiry and other republicans took the allegation as fact and new statement to fox news, co