>> greg: thank you jamie lissow, riley gaines, kat, tyrus, studio audience, fox news at night with dreamy trace gallagher is next. i love you america [cheers and applause] >> rich: good evening i'm rich edson it is 11:00 p.m. here on the east coast 8:00 in los

angeles and this is america's late news fox news at night. breaking tonight, the colorado supreme court says president trump can no longer appear on the ballot there in 2024 undoing a lower court ruling that said he could try again for the nation's top political office. there are accusations of partisanship and another presidential candidate says if trump can't be on colorado's ballot, he doesn't want to be either. the fight is not expected to end here. chief correspondent jonathan hunt is live in los angeles with the late breaking details and what happens next. hey jonathan. >> reporter: good evening, rich. there is no question, this is an explosive decision. and while it's not the last word, it has the potential to transform the 2024 presidential race. moments after the news broke, donald trump took the stage at a campaign rally in iowa. but the former president made no mention of the colorado supreme court ruling that he is ineligible to be listed on the

state's primary ballot because section 3 of the 14th amendment disqualifies from office someone who engages in insurrection against the constitution after taking an oath to support it. the colorado court was split 4-3 with the majority who ruled against trump writing, quote, we are mindful of the magnitude and weight of the questions now before us. we are likewise mindful of our solid duty to apply the law without fear or favor. the trump campaign said it will appeal to the u.s. supreme court and a spokesman said the campaign has, quote, full confidence that the u.s. supreme court will quickly rule in our favor and finally put an end to these unamerican lawsuits. and even some of trump's primary opponents said the colorado court has overstepped. >> we need voters to make these decisions. so i want to see this in the hands of the voters.

we're going to win this the right way. we're going to do what we need to do but the last thing we want is judges telling us who can and can't be on the ballot. >> reporter: if the u.s. supreme court says it will take up the case the judges will be faced with a monumental decision effectively deciding for all 50 states whether or not donald trump can be on the presidential ballot in 2024. rich? >> rich: big development tonight jonathan hunt in la, jonathan thank you. let's stick with the politics of that and more with democratic strategist kevin walling and fox news contributor jason chaffetz. so kevin we were just breaking this down a couple minutes ago, what, 26, 27 days depending on your accounting. >> in the heat of it. >> rich: yeah, from the iowa caucuses. this is what we have trump rcp average, real clear politics, 51.4, desantis 19.4, haley at 16. does this become a race in iowa? >> i don't believe so.

if anything this court ruling actually helps with republican base supporters. you've already seen donald trump's campaign send out multiple e-mails touting this court ruling. he's already fund raising off this decision in colorado. so naturally i think it actually kind of zaps a little bit of nikki haley's momentum that we saw with her numbers obviously in south carolina and in new hampshire. >> rich: jason, what do you think of that? >> i think kevin's right on that. i think this just infewer rates republicans. how is it that four democrats are in a court rule are going to exclude the guy who's beating joe biden? the guy who's leading -- you're not going to allow the voters of colorado to even use it as a write-in? this is absolutely absurd. what kind of banana republic are we living in that they think they can exclude donald trump from the ballot. all of the democrats out there preaching that donald trump was going to destroy democracy the democrats have to look in the mirror and say who is actually

trying to take down and tear down democracy? it's people who don't even want to see donald trump on the ballot. >> rich: i want to get to the majority opinion here. they said we did not reach these conclusions lightly. also according to this opinion, quote, president trump is disqualified for holding the office of president under section three because he is disqualified with the wrongful act under the electoral code for the secretary to list him as a candidate on the presidential primary ballot. we are also cognizant that we travel in unchartered territory and that this case presents several issues of first impression. whether it's this or other issues the supreme court is going to -- whether the president can stand trial. >> sure, on the immunity aspect. >> rich: yeah. how many legal potholes could you possibly have in one presidential election? >> listen, i think we're going to see the supreme court weighing in on the electoral process far more than we've ever seen in the history of this country. and to your point, rich, this is

an extensive document. i was reading it before coming on. the justices in this decision 4-3 really put in a lot of thought to this, i think. there's arguments on both sides, obviously clearly in earlies the of the merits of the case. this he actually quoted case law from justice gorsuch a former judge in colorado to explain some of their reasoning portending a likely supreme court challenge down the road but it's likely the supreme court will be the final arbiter on this. >> let's check the other side of the ledger president biden in his approval rating latest from fox news. 43% approve 47 disapprove, know was 40-59. but you go back to april of 2021, jason, when there was 54% approval rating for the president. is there a way that he can recover from this or are we just going to have an election with two pretty deeply unpopular candidates here? >> well, look, no doubt about it, joe biden is unpopular.

he's unpopular with the democrats. his numbers with democrats are absolutely stunning. the number of people who believe they want to have another candidate with a sitting president? i mean, we rarely, if ever, have we seen poll numbers this bad. but that's because everything's falling apart. we're not safe on our streets, the border's wide open. things are going bad overseas, wars coming out of our ears. i mean, what can joe biden actually point to that's actually going well, and his speeches certainly aren't garnering more support for, you know, independents and other people to join his efforts. there's not much to campaign on if you're joe biden. >> less than a year to go until the election, i'm sure we're going to have about ten life times between now and then. >> we're going to be exhausted but we're going to do it. >> rich: i'm already exhausted. thanks for joining me tonight. >> thanks rich. >> rich: new records at the southern border as the migration crisis forces us officials to shut down a major crossing in texas. marianne rafferty brings us that breaking news tonight.

good evening marianne. >> reporter: good evening rich tonight we're hearing from cbp who says they're currently only resourced to handle half the crossings they're seeing and smugglers are purposely overwhelming them with massive numbers in an effort to guaranty release a staggering 4500 people crossed into the del rio sector on monday alone. the southern border saw more than 12,000 total. texas governor greg abbott saying it's forcing him to try something that's never been done before. he signed a law that authorizes texas police to arrest migrants. it is already facing a legal challenge from civil rights groups but governor abbott says the white house five him no other options. >> biden's deliberate inaction has left texas to fend for itself. >> so, look, this is an extreme law that not and does not make the communities in texas safer. it just doesn't. >> reporter: and it's not just the white house that's taking aim at abbott.

chicago's democratic mayor brandon johnson accusing the texas governor attacking the country over the bus loads of migrants he sent to the windy city also blaming abbott for the death of a five year old migrant inside one of the sanctuary city's overcrowded shelters. staff there allegedly refused to call an ambulance. meanwhile the migrant surge is already putting pressure on congress to reach a deal on asylum nudging the white house and democrats to consider major limits to asylum as part of the deal for ukraine aid. rich? >> rich: marianne rafferty, thanks so much for joining us. let's get some insight into the southern border crisis now from acting ice director jonathan fahey, jonathan, thanks for coming in tonight. why now? why are we seeing the surge now? >> it's really just, i think the word is out that anyone can get in, and once they get in, this administration will never deport them and i think the word, you know, it's been getting worse and worse overtime and i think at some point there has to be a

peak to this but it's really staggering when you hear 14,000 people came through border crossings. this doesn't even count the got-aways which is probably another couple thousand on a daily basis. we'reding, you know, large-sized cities every month population-wise to our country and there doesn't seem to be any will on the part of the administration to try to stop this whatsoever. >> you know, we have a negotiation ongoing right now in the u.s. senate, some discussions maybe the administration and democrats might agree to changes in asylum law where people come up and say they're declaring asylum often times come into the country until their asylum hearings are adjudicated. do you think those changes potentially could go far enough to try to deter some of the migration we've seen come up through the southern border? >> i really don't think so. because really the issue here isn't lack of laws, it's a lack of law enforcement. we have the secretary of homeland security that basically, he has, on a daily basis just des crates the oath

that he took to enforce the law. so we would have to assume that this administration, that's been acting in bad faith this entire time, would all of a sudden act in good faith and enforce the law. so i don't think there's any real reason to be optimistic even if a deal is reached and even if it is a somewhat aggressive deal on enforcement on asylum that it will really make any difference. and certainly the migrants will know very quickly that probably there isn't going to be any enforcement just like as always been. >> rich: some is the case is the state of texas is making and now they've initiated a i knew law passed a new law. governor abbott signed a new law, it creates a criminal offense for illegal entry into texas, cracks down on repeated attempts to enter texas, penalize offenders with up to 20 careers in prison and can order the offender to return to the foreign nation from which the person entered. is this workable? i mean, the one thing that the united states does, one of the many things that it does states

don't do is enforce immigration laws, they have agreements with countries. not like you can just drop people off in countries if you're a state. how does this work? >> yeah, i think there's going to be a lot of problems and legal challenges to this. but what's really interesting is the reason this came about is because this administration has refused to enforce the law so these states are really -- they don't know what to do anymore because everything they try to do this administration blocks them. what's really interesting the administration spokesperson referred to this law and called it extreme or something like that, but it's actually identical to the federal law we have in place. it is a crime to come into this country illegally and people that repeatedly do that, illegally reenter, that is a felony under federal law. there's really not a big difference, at least my understanding from the laws, just simply the state has actually passed the law that the federal government has on the books but just refuses to enforce. >> rich: jonathan fahey form for acting ice director thank you

for coming in tonight we appreciate it. >> thank you. >> rich: first up in tonight's crime roundup warping this video is graphic released today showing the violent beating of a student in a parking lot a marjorie stone land douglas in parkland, florida also in 2018 the sight of one of the worst shootings in america. they could face up to five years in prison. the victim was treated with non-life threatening injuries >> the no, police department looking for four suspects believed to be involved in a staten island home invasion monday morning. police said the invaders demanded money and jewelry a woman in her 30s and 5-year-old were hit in the face with firearms and later taken to the hospital for treatment. and a woman grieving at her mother's fine al last month in australia had her purse stolen right from under her. victoria police say the suspected thief in his late 20s or early 30s entered the chapel as the funeral procession was happening outside.

>> popular wine bar in washington, dc has closed permanently after enduring five burglaries in a span of five months. the pursuit became the second restaurant in the space of just a few blocks to shutter doors for good in recent weeks. let's continue the conversation about the crime in the united states with the host of nothing but the truth podcast criminal defense attorney bob bianchi, along with the author of how to spot a terrorist before it's too late. former fbi special agent john iannarelli. bob, want to get to you right now. you look at what some of the crime is in washington, dc. even after we've, quote, unquote, gotten back to normal after the pandemic and the shutdowns and everything, what's going on here? >> crime is rising around the country. i was just looking at some statistics that are startling. in dc alone which i recently had an incident in, homicide's the worst since 2002 over 31%, carjackings, robberies, 65, 103%, violent crime up 37%.

and the bottom line here is, leak in the situation that i dealt with, we were unsafe, we were told to go inside a restaurant. we went inside the restaurant, we were told it wasn't safe to be there and you leave. so these businesses are closing down. just on monday for example major retailers in washington got together trying to work with city officials to say look, we don't have things on our shelves. we have things locked up. we're having problems with mob theft. there's not enough enforcement. there's not enough prosecution, these people are acting at will and that's the kind of thing so deleterious to the community i can tell you as a former prosecutor, if you can't have businesses in your community operating and you don't have feeble feel safe that law enforcement is going to make arrests and prosecute individuals committing crime, businesses leave, infrastructure falls apart and the people that take it on the chin the worst are the marginalized communities, a bad situation and it needs an aggressive interdiction by law enforcement and prosecution. >> rich: speaking of those businesses let's play a sound

bite from adam, the owner of the wine bar we talked about leading into this thing. >> i'm a third-generation washingtonian and watching my city fall to pieces, we've worked hard to keep this business afloat and having five break-ins? i mean, the criminals these days are so brazen, there is no recourse for the actions they take. >> rich: john, this is a segment of washington, dc called h street northeast. more than a lot of neighborhoods in washington this one has probably back slid as much as any of them have. you know, it seems like it's so quick for some of these neighborhoods to go downhill. what's it take to get them back. the rebuild process seems like it probably does takes a lot longer. >> it does take a lot longer rich. in law enforcement they use what is called the broken windows theory. basically you take care of the smaller crime to deter people from committing larger crimes. right now in dc they're not enforcing any crime and as the

other guest said, you're not having prosecution, you have to fight back. you need to make arrests but when they make those arrests they need to bring people to justice by having them prosecuted. >> rich: bob, major story last week in dc the owner of the nba's wizards and the washington capitals says he's moving across the river. i talked to the company monumental sports, they say the crime, the increase in crime was not a major factor in their decision. but, you know, what does it mean when you tie this all together, when they're moving to create a different or better fan experience over the river, i mean, that really really helps put a downtown district into a death spiral, doesn't it? >> of course. that's exactly what i was mentioning before. i mean, it may not have made a, quote, unquote, major difference but it may have made a difference, and dc is going to lose a lot because of that. so it's yet another example of another hit on the chin, if you

will, where companies are saying, look, we're a business. we think we can give a better fan experience, have a better opportunity in another place, and the bottom line is, look, i live in an area, beautiful stadiums, whatever, but i'm telling you, it may not make a big difference but it makes a difference when people are afraid that there is a possibility when you go to see a hockey game or you bring your kids to watch a basketball game, that there could be a violent encounter. we try not to think about those things but you can't tell me when you say it's not a major difference, i think that's political talk. i think it is a significant thing in their mind plus they have better opportunities over there. so once again it's the slippery slope of what happens when you don't have significant interdiction, a safe community where people can go and enjoy something like that, go out afterwards, go out buy hamburgers, french fries, soft drinks, that is what makes a community vibrant. >> rich: bob bianchi, john iannarelli, thanks so much for joining us this evening, really appreciate it. >> thank you. >> thank you rich. >> rich: coming up, new and

stunning images of fire and iceland as lava continues to spew from the earth's crust. and later in nightcap, one man's dining experience gone viral has all of us wondering what unlimited really means. he was charged for each of his unlimited sides, so the customer thought the sides were free but the waiter says unlimited means you can order as many as you want. but we're going to charge you. let us know on social media x and instagram fox news at nightment weigh in, we'll show you the ulitis arement read the best responses in the nightcap. it is 11:18 on the east coast and here is a fox news at night trip across america. first a live earth cam look at some christmas cheer at downtown miss particular connecticut. next over to eureka springs arkansas with the lights, finally a live look at downtown denver colorado. if you can't join us live, set your dvr, watch us any time. ♪ (fisher investments) it's easy to think that all money managers are pretty much the same, but at fisher investments we're clearly different.

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♪ >> rich: and the lava just keeps on coming. predicted volcano eruption outside a town in iceland continues spewing fire at this hour. chief correspondent jonathan hunt is back with the latest on this story. evening jonathan. >> reporter: good evening again rich, it's been spectacular so far and thankfully no threat to the residents of iceland. instead, they've been able to join this amazing show by mother nature. the power of the eruption sending molten lev a hundreds of feet into the air after the volcano iceland i can authorities were warning for weeks was on the point of erupting finally did so last night lighting up a sky that at this time of the year is dark for about 20 hours of each day.

>> i'm very excited to be here in this place in this time and just being able to see this natural phenomenon happen. fascinating to see nature in action. i just, it's just like something from a movie. >> reporter: the town of grind cic a couple miles from the sight was evacuated after a series of earthquakes ripped apart homes and roads and showed the potential power of what officials warned was the inevitable eruption. the lava is not currently flowing toward grindivic but that could change. >> the town involved, which might end up under the lava that's flowing behind us so, yeah, that's kind of mixed feelings, to be honest. yeah, let's see how it goes and how long it lasts. >> reporter: so far, there are no disruptions to travel to and from iceland, and good news for

the kids, rich, no concerns that the eruption will interfere with santa's eminent departure from the nearby north pole. rich. >> rich: very important jonathanment jonathan hunt thanks again >> just as the us applies more pressure on israel to modify its offensive in gaza there is word about the prospect of another ceasefire. correspondent nate foy reports from jerusalem. >> reporter: israel wants to make a deal with hamas. >> israel is ready for another humanitarian pause and additional humanitarian aid in order to enable the release of hostages. >> reporter: 129 israeli hostages remain in gaza. some of their families protest by sleeping outside the military headquarters in tel aviv demanding the government bring their loved ones home. the head of israel's mossad intelligence agency discussed

the possibility of a deal on monday with cia bill burns and qatar's prime minister but hamas refuses to negotiate. >> we are firm, our position of rejecting to hold any form of negotiations. >> reporter: u.s. defense secretary lloyd austin met with reginald defense ministers today discussing operation prosperity guardian an international task force meant to prevent shipping in the red sea and gulf of aidan from houthi rebel attacks. >> these reckless houthi attacks are a serious international problem and they demand a firm, international response. >> reporter: the houthis say the us-led coalition shows more aggression against palestinians while iran has a new force of its own armed with rockets. in the southern gaza city of raffa, the idf killed a key hamas financier who israel says transferred tens of millions of

dollars from iran to hamas. while area strikes defies state palestinian communities and kill thousands. for a second night in a row, hamas released a video showing two israeli hostages alive, increasing the pressure on the israeli government to do whatever is necessary to get them back home safely. rich? >> rich: nate foy in jerusalem. nate, thank you. let's get some analysis now on a conflict from a former green beret who trained with the idf derrick anderson and former spokesman for the israeli consulate in new york, shahar azani. derrick, first to you this operation startedd in the north, moved to the south, still operating in the north. what's the latest on the ground there? >> yeah, so you have to understand rich, writ now we have the israelis operating in the north doing ground operations, doing clearance operations. most recently, you know, they've been conduct clearance operations with the two major hops in the north and from what

we've heard they've gotten through a majority of the tunnel systems in the north but as we know as one tunnel system gets cleared there's the possibility they go to another tunnel system. you will that being said we have the middle portion and southern portion of gaza where they're conducting missile and air strikes continuously on the southern portion to keep the pressure on hamas. also the second largest city in gaza is in the southern portion of gaza. so what we can all really take away from this is that it's going to take several months for these operations to be conducted. >> rich: and shahar we still have a number of significant hostages still held by hamas. what is the latest on that number, and what about these conversations or lack thereof to try to get another ceasefire, another round of hostages released? >> you know, rich, it's truly unbelievable. over 130 innocent israelis, who have been abducted from their beds on that saturday morning, are still held by the

monstrosity of hamas's captivity including, by the way, two children. we remember as the redheaded baby who celebrated yesterday his 11-month birthday, two months in captivity. and his brother, four year old. of course is real will do all that it can in order to bring as many of these hostages home. but at the same time, we can see that hamas is showing no willingness to release them as it's using them and many gaza i can't knowians as a keeled. there is no ceasefire, at most it's a humanitarian one. there will be no stop of force politically or militarily. >> rich: derrick there was news out of the white house that they were creating this blockade to

combat the houthi attacks going on in the red sea. how effective can that be and shortly after the administration announced this, we really onto heard that ba rain where the us fleet is stationed, we haven't gotten commitments from arab nations. what does that say. >> if you look at how the biden administration handled the response to the houthi rebels we've had over a hundred attacks on military installations including syria and attack we've seen the hue countries attacking now civilian and these vessels in the red sea. two months after october 7th, two months after, so we're only now seeing a legitimate response by the biden administration, but it's still, it is a not enough. at the end of the day, we're going to continue to see not only our national security be harmed but also the economic factors of this. look, we're already seeing these vessels having to redirect outside of the straight and the red sea which means that it's taking additional time which means that it costs additional funds which means that our consumers are having to pay more

for theory goods. all that being said the biden administration won't even designate houthis as a terrorist organization and to date they have still yet to, still yet to attack any sort of houthi rebels that have launched attacks on our military installations. >> shahar we got news today from idf that it ceased a suitcase or a couple with about a million dollars from a hamas leader. the fact that they're this flush with cash, is this a failure of sanctions or what went on here? >> it's the same old same old with hamas. when international aid money is being funneled into the gaza strip with many people thinking they're supporting poor gazaians but they're lining the pockets of the hamas leaders whose i don't the cash for their own benefits whether it's to build tunnels instead of hospitals or shelters or to splurge on five star hotels in qatar. we've seen how they live. i would urge people to think twice before they donate to

gaza. naturally each and every taxpayer money that may be funneled through the united states or europe into gaza will fall straight into the hands of hamas. this is absolutely atrocious to see that kind of money just moving around in gaza while so many gazaians live in poverty. it's just another emphasis of the importance of israel's operation that will be beneficial not only for is roll and the world but also for many palestinians rich. rich: shahar azani derrick anderson thanks for joining us >> coming up the government topping a naughty list of no shows government workers with stockings full of coal this yearen a an aquarium in spain has an untraditional nativity set. little fishy. and a shopping guest. today's best viral videos coming up next. first over the border city of el paso texas famous star on the mountain on the right of your screen. ♪

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♪ >> rich: if you are getting ready to travel this holiday season, you're far from alone. a record 7.5 million americans are projected to fly with more than 100000000 expected to drive to and from their christmas destinations. marianne rafferty returns to show us what to expect if you're hitting the road or the skies over the next couple of weeks. hey, maryanne. >> reporter: hi rich again air heinz are working hard to avoid a repeat of last year where millions were stranded in airports across the country last december. the southwest airlines meltdown left almost 17,000 flights either cancelled or delayed. the transportation department is forcing the airline to pay $240 million to make up for the breakdown. this is a live look now at dfw airport in dallas where this holiday travel season is expected to be the busiest since the coronavirus pandemic.

150 million americans will be travel between christmas and new year 7.5 million will be air travelers and if airlines cancel transportation secretary pete buttigieg has a message. >> bottom line if an airline lets his passengers down we are here to hold them accountable and while nobody controls the weather we will use every tool at our disposal in partnership with the airlines to keep cancellations and delays as low as possible. >> we missed our flight and everything. like not due to us but it's just so packed. >> reporter: according to tsa traffic and security check points is up 14% compared to previous year and that's why triple a is urging passengers to pack their patience and arrive at airports at least two hours early. their biggest tip don't wrap presents ahead of time just in case tsa has to take a peek inside them. rich, good advice. >> rich: i don't want to think about it. marianne thanks again. appreciate it. >> reporter: thanks rich. >> rich: nearly four years after the pandemic began, the number of federal moiees still working from home is drawing the ire of

lawmakers. senior congressional correspondent chad pergram explains. >> reporter: some federal workers may be home for the holidays. and, apparently, the rest of the year, too. gop iowa senator joni ernst has a naughty and nice list. >> the naughty list is for these agencies that refuse to have their workers come back in to work and support the american people. >> reporter: she gives the social security administration and department of housing and urban development a lump of coal using only 7% of their allocated office spade. they want the federal government to unload federal pot if workers aren't in the office. >> that way we're not expending billions of dollars every year on space we are not using. >> republicans contend returning to the office is a problem for the biden administration. >> i think we're best served when people are back to work in the flesh. >> reporter: ironically, congress passed a law advocating telework for some portions of

the federal work force. >> you're asking the wrong question. the question should be, how well are you implementing the law we passed in 2010 which said, please set up support. >> reporter: telework was new to congress when covid hit. >> members of congress were pretty resistant to the idea. unfortunately, a little bit of a 1960s, 1970s madmen mentality if i don't see you working at your defendant you're not working. >> reporter: but attitudes of all recent congressional management survey found 60% of capitol hill offices have a robust telework policy. and only a fifth of all offices have no telework regimen. however, there will always be work from home abuses. a department of vet wraps affairs staffer recently bragged about conducting a conference call while at home enjoying a bubble bath. home may be where the heart is but to some in congress that doesn't mean it's the best place for government work.

rich? >> rich: chad pergram. chad, thank you. >> let's get reaction to this story tonight from townhall.com managing editor spencer brown. you know, spencer, here's the stat it radio here. 70% of federal employees still working from home, more than two-thirds of federal moiees are still teleworking at least occasionally even as calls for in-person work have pushed agency leaders to reconsider their pandemic work era policies include according to an annual survey conducted by the office of personnel management. should we care about this? >> well, yeah, i mean everything the federal government is doing is ultimately at the expense of the american taxpayer so it's not just a case of a company maybe not utilizing work space well it's a case of the taxpayers are playing to keep all these offices cleaned, heated, air conditioned, all these things the lights are on but nobody's using them that's a huge waste and at a time of polarized funding, it's a really easy way to look at it and say if you're not using 70% of your office space or more why don't we get rid of that and save the

taxpayers scomplun this has become a bipartisan issue, how about chad's reporting 60% of offices have a robust work from home telework policy? do you think that it makes people less efficient to not be in the office? i mean, i've been in the office this whole time. i see the benefits of it but what do you think? >> yeah, i think it really depends on the duties you're doing. the federal agencies are all doing different things and as senator ernst found in her reporting and questioning more data from the general, she's found a way in which this telework policy is being abused and that again comes to taxpayer expense so it's kind of a double edged sword where you want to save the taxpayer money when it comes to office space not needed but as senator says they're phoning it in and that's where you have to find a balance and they haven't struck that yet. >> rich: switching gears here you've looked into homelessness claims and an initial tiff of them mayor of san francisco gavin newsom, what did you find?

>> yeah, so when he was first electedd in 2003 he was very braggadocious very ambitious something taking over this maimer city an iconic city in america and announced efforts doing ten year plan to solve chronic homelessness in san francisco. that was in 2003, it's been 20 years, anybody watching what's going on in san francisco and the rest of california since he's been governed he hasn't managed chronic homelessness? the city or the state of california. it's a case where democrats say we're going to get more pup and solve this problem and yet he hasn't. so you would think there would be a lesson learned from that and seems like dana perinos haven't learned that lesson. >> rich: there was a tax in dc where they tried to get more people into housing we found out regionally reports of homelessness had gone up. how do these cities begin to tackle it. >> clearly not the way gavin newsom's ten year plan was and that was again he was going to get these new federal funds available to his city. he got some of those funds but it didn't work because throwing money at the problem doesn't really work. if you look now i think it was

20 two the data came from 30% of homeless people live in california and half people unsheltered are all in california. this idea you can throw money at it and more federal funding and having rooms available for people is not the solution. you need actual programs in place to get people back to work taking personal responsibility and again not just handing them money and expecting things to go better. all of the drug policy in california also doesn't help. >> rich: spencer brown, thanks so much spencer. first up in tonight's viral videos, the aquarium in madrid spain set up a nativity scene in a shark tank drivers dressed as the three wisemen brought gifts to the baby jesus and to the fish. they say the props are made with a special compound for the enrichment and play of the various species living there. >> it's obviously great to get out and help people out on the holidays, you know, maybe make some people's day and it's definitely fun to be out here with the teammates and, you

know, doing good in the community. >> rich: kids from the boys and girls club of central florida got a wal-mart shopping spree with some players on the magic basketball team each got a hundred bucks to spend on anything they wanted their christmas list. you have a viral video hit me up fox news night on social media >> just ahead what would you do if a restaurant told you they were offering unlimited sides but charged you with every side you ordered. there's still time to weigh in on x and instagram on fox news at night. the nightcap crew is next. it's where we gather as a family. it's where we experience the excitement of opening day. it's where we caught our personal best. and this tree is where it all began. this christmas start traditions under your tree... share the tradition of visiting santa's wonderland at bass pro shops and cabela's. and get your free photo with santa. bass pro shops and cabela's.

♪ >> rich: we are back with the nightcap crew, jonathan hunt, marianne rafferty, jonathan fahey and spencer brown, tonight's topic a dining disaster, man had dinner in a steak house that offered, quote, unlimited sides with his meal. he even checked with the waiter who confirmed it was, quote, unlimited and after his meal he was charged for every side. unlimited meant he could order as much as he wanted. who is in the wrong here and how would you react. okay. spencer, am i wrong here? of course it's all free, right? >> you would certainly think so. i mean, this is the most absurd thing if you say unlimited that

means unlimited. any restaurant you go into you can order anything you want that's not unlimited. you go to olive garden you get unlimited soup salad and brooks koepka sticks and you get it all. >> rich: jonathan. >> maybe i'm just a cave man but i think if you're told unlimited appetizers, that means they're free. or what else could up limited possibly mean. >> rich: marianne we're getting free apps right? >> knowing myself i probably would have gone wait a minute no way. i would have said they can't be free. like i just feel like i would have done that but it is definitely misleading i agree with everything everyone else. >> rich: jonathan? >> look, rich, this happened in australia, australia's the place where we brits used to send convicts, this clearly descended from a bunch of thieves, absolutely terrible. i hope he got zero tip. >> rich: so the restaurant, they're the thieves, right? or was this a thief on thief thing? >> they're all thieves. they're all descended from

thieves anyway. >> rich: all right, here's what some of our social media followers had to say, doctor hallman said the word up limited is unambiguous people can always order and pay for as much as they want. i would speak to the manager only pay for the mole and consider leaving a yelp review so to warn future customers of the bait and switch. we're at a point now where we have to have restaurant warnings. scott williams, unlimited doesn't mean free, it means that they have a lot of sides to choose from. pay up. cole crystal, i would share my unlimited opinion ounce on their poor life choices. >> and deanna said, if you wanted sampleers he should have eaten at costco. all right folks i think we've gotten to this one thanks for watching america's late news fox news at night. i'm in for trace gallagher, i'm rich edson in washington.

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