It’s Tuesday. It is a glorious day in Washington, D.C. — Raising Cane’s has officially opened at Union Station! I have to admit I’ve never had it, but you better believe I will quickly change that! Here’s what we’re covering today:  

Former President Trump appeared in a D.C. court this morning for a hearing over whether he can be prosecuted for his efforts to overturn the 2020 election. 

GOP presidential hopeful Nikki Haley’s momentum is the talk of the 2024 presidential campaign. She has been steadily climbing in polls at a very critical time.  

The Transportation Security Administration (TSA) compiled a list of the most interesting items that were confiscated in 2023. The list is both hilarious and terrifying. 

I’m Cate Martel with a quick recap of the morning and what’s coming up. Send tips, commentary, feedback and cookie recipes to cmartel@thehill.com. Did someone forward this newsletter to you? Sign up here.  

Former President Trump traveled to Washington, D.C., this morning to appear in person for an appeals court hearing over whether he can be prosecuted over his efforts to overturn the 2020 election.

There was no video, but there is live audio from the room. Listen here

Live blog of hearing highlights 

Trump’s argument: He is immune because he was acting as president. 

The prosecution’s argument: “Never in our nation’s history, until this case, has a president claimed immunity extends beyond his time in office,” argued James Pearce, a prosecutor with special counsel Jack Smith’s office.

The gist of the hearing: The hearing has wrapped and a decision could come within the next few weeks.  

Trump’s planes, trains and automobiles: Trump flew into Dulles Airport and had a motorcade escort him into Washington, D.C. Watch, via Fox 5 DC 

Video of Trump arriving in D.C. 

Photo of the courthouse 

Photo of people waiting outside the courthouse 

His campaign has deployed surrogates, such as Rep. Marjorie Taylor Greene (R-Ga.) and his adult son, Eric Trump, to Iowa. (The New York Times)  

Two high-profile figures in the Trump cases have reportedly been “swatted” recently, meaning false reports of crimes have been called in. 

Who?: Special counsel Jack Smith, the prosecutor overseeing former President Trump’s federal criminal cases, and federal judge Tanya Chutkan, who is overseeing the election subversion case that Smith is prosecuting 

Chutkan’s incident: “Police received a false report of a shooting at a home linked to Chutkan in public records and responded at about 10 p.m. Sunday, The Associated Press reported. Officers quickly determined that no shooting had actually occurred.” (The Hill) 

Smith’s incident: “According to two law enforcement sources, someone called 911 and said that Smith had shot his wife at the address where Smith lives. Montgomery County Police dispatched units toward the home but were called off when the Deputy U.S. Marshals protecting Smith and his family told police that it was a false alarm and that everyone inside the home was safe.” (NBC News) 

The House returns from recess today after Speaker Mike Johnson (R-La.) cut a top-line deal with Democrats to fund the government. There has been a lot of grumbling from Republicans who oppose the spending. For example, the House Freedom Caucus called the deal a “total failure.”  

What this would likely mean: In order to pass a funding bill by Jan. 19 to avoid a partial government shutdown, Johnson would need to work with Democrats. Sound familiar? *cough, Kevin McCarthy, cough* 

Johnson knows everyone is mad at him: In a “Dear Colleague” letter, Johnson acknowledged that the deal “will not satisfy everyone, and they do not cut as much spending as many of us would like.” 

 
The cherry on top: Some hard-line Republicans are calling for a government shutdown if the Biden administration doesn’t agree to border security changes.  

Interesting question: Whether Republicans — the majority party (!) — could sink that procedural vote. Johnson has the support of Democratic leaders, so the bill itself could pass, but they first need to pass a procedural rule. The Hill’s Emily Brooks and Mychael Schnell have an interesting explainer on this scenario.  

More on the headache for Johnson 

Including how “poison pills” could threaten progress on the spending talks.

Five key things to know about the spending talks, via The Hill’s Aris Folley

Rep. Greg Pence (R-Ind.) announced this morning that he is not running for reelection. Read his announcement 

Another one this week: Another Indiana Republican congressman, Rep. Larry Bucshon, announced Monday that he will also retire from the House.  

How many retirements so far?: Through Jan. 5, 22 Democrats and 14 Republicans have announced their retirements, according to The New York Times. NYT House retirement tracker 

GOP presidential candidate Nikki Haley doesn’t need to win the Iowa caucuses next week to achieve her goal.  

Former President Trump is so far ahead in the state that as long as she can outperform expectations — including potentially beating  Florida Gov. Ron DeSantis (R) — she can solidly carve out her spot as *the* Trump challenger. 

Why this can be the case: New Hampshire’s presidential primary comes right after Iowa, and Haley is polling much higher than DeSantis in the Granite State. If momentum is already on Haley’s side, that’s bad news for DeSantis.  

Yes, but even if she doesn’t perform well in Iowa: That may be OK. GOP strategists in New Hampshire and South Carolina (her home state!) argue those states matter more for her momentum, according to The Hill’s Julia Manchester. (The Hill) 

The elephant in the room: Trump is facing 91 felony charges. So far, it hasn’t affected his polling, but those cases still haven’t been resolved. 

Nikki Haley is shrinking the gap between her and former President Trump, according to a new USA TODAY/Boston Globe/Suffolk University poll. (The Hill) 

The numbers: Trump has 46 percent support, while Haley polled at 26 percent. See the full poll 

💡 Why this matters: Haley has cut Trump’s lead to 20 points, and since October, Haley gained 7 points and Trump lost 3 points in that same poll. That’s still a substantial lead, but the changing momentum is worth noting. 

Trump: 51.6 percent 

DeSantis: 18 percent 

Haley: 17.1 percent 

Ramaswamy: 5.8 percent 

Christie: 3.8 percent 

See the polls factored into this average 

Trump: 41.6 percent 

Haley: 29.7 percent 

Christie: 10.9 percent 

DeSantis: 7.4 percent 

Ramaswamy: 4.9 percent 

See the polls factored into this average 

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🍑 Celebrate: Today is National Apricot Day! 

🎅 Because you all ROASTED me about ‘Die Hard’ not being a Christmas movie: Here’s a discussion between NFL stars Jason Kelce and Travis Kelce on whether it falls into the category of a holiday movie. Watch the TikTok 

🗡️ The TSA’s Top 10 Best Catches of 2023: The TSA posted a 2-minute video of its best catches of the year. Like: Knives hidden in bread and in a prosthetic. Watch the video 

👞 Interesting thread on how to find good leather shoes: Menswear writer Derek Guy wrote an interesting thread on X, formerly known as Twitter, on deciphering whether leather shoes are good quality or not. His advice doesn’t necessarily mean to buy expensive brands, by the way. Read his explainer 

The House and Senate are in. President Biden is in Washington, D.C., and Vice President Harris is in Atlanta. (all times Eastern)

1:30 p.m.: Harris meets with community leaders at a roundtable discussion in Atlanta to discuss voting rights. 

2:45 p.m.: Biden receives the Presidential Daily Briefing.

3 p.m.: White House press secretary Karine Jean-Pierre and National Security Council spokesperson John Kirby brief reporters. Livestream

This evening: GOP presidential candidate Gov. Ron DeSantis (Fla.) participates in a Fox News town hall. 

Because you made it this far, here are birds who are honestly just sick of the bird gig.  

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View past issues of 12:30 Report here and check out other newsletters from The Hill here. See you next time!