the combat symptoms and boosts immunity. biovanta really works. >> greg: out of time. thanks to joe machi, rob long, vince august, kat timpf, our great studio audience. fox news at night with dreamy trace gallagher is next. i'm greg gutfeld, i love you america! [cheers and applause]. >> trace: good evening and happy new year. i'm trace gallagher, it's 11:00 p.m. on the east coast, 8:00 here in los angeles and

this is america's late news. fox news at night. and breaking tonight, the new evidence is very strong that voters are not happy and the anger appears to be across the political spectrum. young, old, black, hispanic. the numbers for president biden are getting worse and when you have a lot of ground to make up in the new year, solutions seem to be few and far between t senior national correspondent kevin corke is live in dc with the very latest on this kevin good evening. >> reporter: happy new year my friend, evening to you. now last year president biden reportedly spent about, let's just say about a third of his time on the job away from the job, as it were, at get aways, posh vacation spots and almost weekly at his home over in delaware. but as he gets back to work in 2024 the oldest president in american history is saddled with the lowest approval numbers of any president running for a second term since the end of

world war ii with 58%, nearly 6 in 10 americans disapproving of his job performance according to the latest usa today survey. even more alarming for the white house, biden now claims the support of just 63% of black voters. down from 87% in 2020, according to the roper center. biden also trails among hispanics when compared to former president trump, 39-34. back in 2020, he outpaced trump 65-32 among hispanics so you can see a lot of loss there. meanwhile with less than two weeks before the iowa caucuses, the former president is enjoying a sizeable lead in the hawkeye state. 50 percentage points to just 18 for his closest competitor. that's a 32-point spread. and that is despite having to battle to reclaim his spot on maine's primary ballot. the trump campaign, in case you

hadn't heard, is appealing a unilateral decision by the state's democratic secretary of state to keep maine voters from having the chance to vote for him in the state's upcoming primary. now, this as the former president appeals a similar move over in colorado. of course the high court, trace, will weigh in on perhaps both very soon. >> trace: yeah, they shall. kevin thank you. let's bring in former senior advisor to four gop presidential campaigns lanhee chen and former michigan gubernatorial candidate tudor dixon. welcome both. lon e you made a good point, the fact that president biden doesn't have a competitive primary could be hurting him in the long run. >> yeah, look, iron sharpens iron in politics and the fact that you have a president who has not had to compete who knows he has serious deficiencies on two big issues voters care about. you saw those numbers staggering with young voters and hispanics, it's immigration and the economy. those two issues is where this president is weak and he has not

had to hone his message, hasn't had to hone his policy and so in many different ways he comes into this election year in an extremely weak position and it's one he's going to have to make up a lot of ground if he wants to be competitive in this year's election. >> tudor dixon, lanhee makes a good point for a couple of months the biden campaign did not mention bidenomics but today karine jean-pierre went on msnbc and there was bidenomics all over the place. watch. >> what we have done for the black and latino community, black community, when the president walked in unemployment was at 9.2% now it's under 6%. that's because of bidenomics. >> trace: and you look at the polls, though, and 70%, tudor, say they're just not feeling it. that is a large number to try to sell them on, oh, no, it's really great you just haven't noticed it yet. >> no, they're not feeling it and in fact i talked to a lot of young people in the state of michigan right before christmas and they said man we are feeling

the pain of the economy right now. we know there's an election coming because we can see that this is not working for us. but if you look at these numbers, really on the polls, there's strong bases on either side but republicans can't really gloat right now because it is it's not as though those voters are definitely going to them. so right now republicans have to get in the game, too. >> trace: yeah. i mean you're exactly right. but i want to put up some of these numbers just so we can kind of hammer this point home. suffolk usa today university poll support among hispanics, 39% support trump, 34% support biden. you say well it's kind of close, but keep in mind that in 2020, biden beat trump, lanhee, by 33 points. he's down by four. that's a 37-point swing. >> it's an amazing turnaround and i do think it comes down to -- again, the economy is a big problem for this president. when you look at inflation. by the way the white house is trying to tell the story inflation's not so bad anymore.

the reality is once you got a five or $6 loaf of bread that five or $6 loaf of bret, the fact that it's 6.05 and not 6.25. as long as that remains an issue he's going to be down with hispanic and young voters. that's a problem he has. >> trace: i make the point all the time, tudor, the fact that you go across the street and it doesn't matter the wall street journal says oh, inflation's down now to three point -- the burrito is still 15 bucks. they haven't lowered the burrito price from 15 bucks and they're not going to before the election and that's the big hurt is that these restaurants have added all these surcharges they're not going to lower the price. you might get a little wiggle room on gas but, boy, overall it's just not moving. >> right. there's a few things that, as citizens, as voters, we expect from the federal government and that is to have a bolstering economy, an economy that is going incredibly well. that's what we expect to see the federal government being concerned with, and safety,

public safety, and that is some -- two things that he's failing on right now. i think a lot of people are going, man, we don't know what the united states looks like with another four years of biden. >> trace: i have about 30 seconds, i would like to get both of you to weigh in on this. lanhee the maine ballot trump is off, colorado. do you think the supreme court comes in -- >> they have to >> trace: and puts the remedy for this? >> i think they have to. let's not forget these are political decisions. the maine secretary of state's decision is a political decision not a legal one. >> trace: tudor shouldn't we not leave this up to the voters and not the bureaucrats? >> that's exactly what the courts are going to say, that this is up to the voters, he's going to be on. michigan supreme court said it, that says enough. >> trace: yeah, thank you tudor dixon lanhee chen. great to have you on. claudine gay is out as president of harvard university resigning amid allegations of plagiarism and the handling of anti-semitism on campus. anita vogel is live with news and reaction good evening.

>> reporter: good evening. yes big news today trace on this. claudine gay was facing increased scrutiny over allegations regarding her academic honesty but pressure for the ivy league's first black president to step aside mounted over her response to this question from one of the school's graduates during a congressional hearing on campus anti-semitism early last month. >> so the answer is yes, that calling for the genocide of jews violates harvard code of conduct correct? >> it depends on the context. >> it does not depend on the context, the and is yes and this is why you should resign. >> while gay later apologized for her answer it was too little too late for many jewish members of the harvard community. also evidence published by the washington free beacon that accused her of plagiarism, which gay denied. the university also said at the same time it did not amount to plagiarism. in her resignation letter, gay said, quote, it has been distressing to have doubt cast

on my commitments to confronting hate and to upholding scholarly rig or. in a statement the harvard corporation said they accepted her resignation with sorrow noting gay had taken responsibility for her missteps adding it is also true she has shown remarkable resilience in the face of deeply personal and sustained attacks. mean while congresswoman elise stefanik says her investigation will move forward to quote expose the rot in our most prestigious higher education institutions. as for claudine gay, she won't disappear from harvard. she will return to a faculty position. trace. >> trace: and i hear she's going to make a nice tidy sum of someone to do that. >> reporter: i'm sure she will, yes. >> trace: thank you. >> well, the fox news at night common sense department has been reading through the resignation letter from former harvard president claudine gay and for the record all evidence appears to show the letter was written solely by gay. the down side is, the letter is

riddled with contradiction and hypocrisy. gay claims that it's been "distressing to have doubt cast on my commitments to confronting hate. common sense thinks if you're committed to confronting hate, why would you go before the nation and condone it essentially telling congress that hate is in the eye of the beholder, that it's not defined by words and actions but instead hate is muddied by context. as if calls for genocide, the eradication of a certain ethnic group can be mitigated by nuance. ex president gay went on to say she was frightened by, "personal attacks and threats fueled biracial animus" so you felt frightened and threatened because you're black but couldn't quite grasp what the jewish students on your campus were experiencing? claudine gay also used her resignation letter to highlight her hopes of building a better foosh. common sense would caution her that building a better future can only come with a clear and present understanding of the

past. and not just october 7th, 2023, but also march 22nd, 1933. let's bring in democratic candidate for senate here in california, christina pascucci and the author of stolen youth, bethany mandel. thank you both for coming on, i very much appreciate it. was it plagiarism? we talk about claudine gay christina and you think was it the plagiarism? was it the handling of anti-semitism on campus? was it kind of a combination of both or was there outside pressure you think that kind of led to this? >> it was the money. >> trace: or the money. >> and the loss of the donors. it goes back to the original point. we are so lost as a nation when it is controversial to condemn the idea that genocide or the threat of genocide would be harassment. it was long overdue that she resigned. it's good that the president resigned last month and also we need the mit president to resign as soon as possible as well so we can start to heal and move forward and send a clear message of what our values are and who we are as people, that it is not

okay to threaten genocide. >> trace: that would be the academic trifecta if all three. so allen dershowitz witnesses becky wrote in the new york post. accordingly, speaking of claudine gay, she is only a symptom albeit an important one of the destructive impact dei is having on universities across the country. unless the dei bureaucracy is dismantled universities will continue their decline as institutions of objective learning. and i think objective learning, bethany, is really kind of the optimal phrase there. >> yeah, absolutely. i mean, we saw a decline in harvard's admissions, and applications, leading up to her resignation. i think that all of that had something to do with the fact that she resigned. because, you know, it took centuries for harvard to become the institution of note in america. and it only took three months of claudine gay for that reputation to absolutely plummet. and it was because of her actions. the fact that like in her --

even in her resignation letter, she never said anything about anti-semitism. instead, she sort of victim-blamed it and said, you know, it's because of racism. no, it had nothing to do with racism. it's because you don't care about the jewish students on your campus. >> trace: that's exactly right. common sense was kind of talking about that. this whole thing was you could have gone before congress, you were coached to go before congress and settle this and you chose not to. i want to move on to this because it's gotten a lot of views and a lot of attention here in california. incredible video tonight. the actor, ian zering getting into a pre brawl, from 90210 with a gang of bikers on hollywood boulevard and senior correspondent william lajeunesse gives a run down of the tik tok and what happened while the video was going. watch. >> he gets out, confronts the biker. a fight breaks out. others join in before zering gets across the street and is

attacked again. then he tries to find safety in a crowd of lookie lous do nothing. he'll get out of the car and shove the biker who apparently hit his car. a second rams into the back of him with his front tirement a girl in a green helmet then jumps in. a third biker hits him with an overhead right hook. he runs. a second video shows the aftermath. the bikers smash zering's window with their helmets but this also reveals some identities. >> trace: yeah, this he revealed their identities and busted him and i want to go back to bethany mandel on this because bethany i know you're not living in california but this happens all the time. it happens all the time. and the question becomes, you know, it's these youth. they're not allowed to have these mini bikes on the street yet they have them every dayment they're not allowed to do this stuff and they do itr day. you wonder is there a remedy we're missing or is this happening across the country. >> i think this lawlessness is

happening across the country. yesterday at jfk airport there were pro hamas protesters setting off balloons. like that was clear domestic terrorism that was happening in jfk across the country. there is a sense of lawlessness and ian zering said this will afterwards when he talked about the fact his 12 year old daughter was in the car. there is a sense of lawlessness and a feeling that the authorities are not doing anything, that they have the mandate to be doing something, and yet they're deciding not to enforce laws. and it's scary as a citizen and it makes you feel like you can't get on a plane, you can't get in your car because you might not be safe and the police aren't there to protect you. >> trace: and the whole thing christina is, you come back with this and you wonder because it's coming from the schools all the way up through the authorities and these young people just don't really know where to go and what to do. >> it's so sad to see that video. when i look around california and the place where i was born and raised i don't recognize the state. and to your point, education --

we're so misaligned on all of our priorities, it actually makes me crazy. when you look at education for example, early literacy we have under invested in that for decades. 50-60% not reading at grade level by third grade meaning they're exponentially more likely to end up in prison or on the streets. that is a problem we need to solve now we're seeing the results of our failures. >> trace: or on one of the mini bikes. christina bethany thank you >> i rany backed houthis filed missiles at ships in the red say no damage reported. it comes as iran sends a warship to the red say in response to american military killing i ran backbacked fighters. here is correspondent jennifer griffin at the pentagon. >> reporter: ass the white house weighs its responses to the houthis in yemen, iran moved a navy frick it a equipped with a crews missiles in the straight into a congested area after us

warships prevented another hijacking at sea on sunday. iran's navy has been acquiring cruise missiles with ranges of over 600 miles along with recognizance helicopters and has used a spy ship to help guide the houthi attacks. early sunday, u.s. navy helicopters found themselves in a fire fight with houthi gunmen on board four small vessels attempting to hijack a signify important flagged denmark-owned shipping container. us navy mh 60 helicopters responded to the distress call and returned fire when the houthis attacked. the mh 60 sank the vessel killing fighters. >> activities by the u.s. and britain in the red say are in the regional waters, especially in the red sea. >> reporter: meanwhile more shipping conglomerates have announced they are rerouting their ships to avoid the red sea which is bound to add to consumer prices.

maersk postponed its operations in the red sea and today the german shipping company said its vessels will avoid the red sea and instead go around the cape of good hope until january 9th. a flag containership reported three explosions off its portside believed to be caused by missiles fired from yemen and issued a des stress call to one of the warships taking part in the opposition guardian. secretary blinken called his britain counter part david cameron today to discuss the ongoing threat posed by the houthis. trace. >> trace: jennifer thank you. let's bring in the veteran of israeli operations aaron cohen, aaron you kind of see this stuff and where it's going. talking about iran, the houthis firing nowhere muscles. i talked to jack keane this afternoon, the general, and he said this about iran. watch. >> 2-3 months ago we should have done that. we should have gone after the irgc training center, irgc

support structures, irgc bases. these are the people that are focusing and supporting all of the proxy elements that are operating. >> trace: feels like iran is just getting bold bolder by the day. >> iran is playing with biden to see if he'll get serious. i agree with the general a hundred percent, time for the u.s. to start getting serious and poking back, the houthi specifically start hitting targets otherwise they're going to keep playing with the americans to see if they're really willing to defend themselves. >> reporter: do you think one go at the iranian infrastructure would be enough or do you think it would escalate some things. >> i think there would be an escalation but i think we're getting pulled into this vacuum but the u.s. can still be selective. they can still hit and pull back a little bit but still lay down some aggressiveness to let the iranians know the americans aren't to be toyed with. >> trace: now the killing of hamas leader in beirut.

hezbollah said we in hezbollah affirm this crime will never pass without a response and punishment, this momentous day has consequences. does that sound like code to you for calling for an escalation? >> yes, there's definitely code for calling for an escalation but let me tell you this, saleh arouri, if the interior minister of a mass, arouri is a serious terrorist been on israel's list for a long time, big score, shinn hundreds of terror attacks specifically in the west bank very important hit and israeli has a long list. >> trace: word pulling troops out of gaza marks sharts said withdraw is a clear signal the fight is entering a new phase in line with what the u.s. has been asking for. we will see more precision strikes and precision operations against hamas leadership and hamas militants going forward. beginning of the end aaron? >> beginning of the next phase of the beginning trace which

means what we saw with arouri right now in beirut that was selective we're going to see more of those. mossad has a long list they have the capabilities to move drones over any terrorists hiding anywhere in the world like i said to you weeks ago. they're all within israel's reach. pull the reservists out get the economy stimulated in israel let the pec options go in and do the final clearing of the structures and let mossad do what it does best. >> trace: good analysis as always aaron cohen thank you. one pastor's mission to care for the least of these has landed him in hot water with the law. he joins us live from ohio with his story in moments. and a burned out shell of a japanese airline's jet is all that remains after it collided with a coast guard aircraft. the stunning images and how the material used to make an airbus a-350 might just be a life safer. later in the nightcap as we showed you 90210 star ian

zering. but looks like he got out and threw the first pump. was the actor at fault? was he protecting his daughter and should somebody have jumped in? let us know on social media x and instagram at trace gallagher, we'll read the best responses on the nightcap. eight 21 on the west coast. trip across america first live look at denver from the sky house roof top bar. next chicago's wrigley field home of the chicago cub. and we end our trip with a live look at downtown detroit where folks can eat, shop and skate, and if you can't join us live, don't forget to set your dvr and watch us any time. we hope your holidays were great. we're back in a few minutes. ♪

♪ if you're happy and you know it, clap your hands. ♪ ♪ if you're happy and you know it, ride your bike. ♪ ♪ if you're happy and, you know it, then

your face will surely show it. ♪ ♪ if you're happy and you know it, smile big and bright. ♪ thousands of kids just like me are happy every day. and it's all because of generous people like you who support shriners hospitals for children every month. all you have to do is call the number on your screen or go online to loveshriners.org right now with your monthly gift. because of people like you shriners hospitals for children is able to make an everyday miracle happen for kids like me. that brings a smile to my face. ♪ if you're happy and you know it, dance around. ♪ ♪ if you're happy and you know it, play a song. ♪ ♪ if you're happy and you know, then your face will surely show it. ♪ ♪ if you're happy and you know it, jump up high. ♪ and when you call or go online right now to donate $19 a month or more, we'll send you this adorable

love to the rescue blanket as a thank you and a reminder of all the smiles you're bringing to kids faces every day. will today be the day you send your love to the rescue? when you call the number on your screen right now and give as little as $19 a month, just $0.63 a day, you'll be making a life changing difference for a child just like sarah. your monthly gift today could change a life forever. because of you, we're happy and i know it. thank you. thank you. thank you. thank you. please call or go online right now to give. if operators are busy, please wait patiently. or go to loveshriners.org right away.

♪ >> trace: incredible new video tonight of an airbus a-350 carrying almost 400 passengers in tokyo as you said on the right-hand side of the screen engulfed in flames after it collided with a japanese coast guard aircraft. anita vogel is live with a miracle ending. >> reporter: it is a miracle because wait until you see the images. the images are the last thing you ever want to see at an airport. but look watch here as a japan airlines flight lands at tokyo's haneda airport and collides with a small coast guard plane igniting this massive fire. 379 people on board the airbus a-350 a double aisle passenger plane often used on long haul interflashing roots. this cell phone video shows the cabin filling with smoke which one passenger said quote stung like hell. took the air bus crew 21 minutes to get everyone out the

emergency slides and the fire eventually caused the plane to completely collapse. the pilot of the coast guard aircraft was also able to escape but sadly the remaining five crew members on the coast guard plane were killed before they could get out. they were getting ready to take off and bring aid to western japan where rescuers are still searching for survivors from a powerful 7.6 magnitude quake that hit new year's day. >> i was shocked. you never know what will happen. there was an earthquake yesterday, too. once i got here there's the fire. you just never know. >> i can only say it was a miracle. we could have died if we were late in evacuating. >> japanese media is reporting police are investigating whether professional negligence caused the crash. the airline has not explained how the jet collided wind the coast guard plane, only saying it was making a, quote, normal entry and landing. as for the earthquake, at least 57 people were killed by the initial quake and after shocks with tens of thousands of homes

destroyed. in some spots, the damage is so severe, crews have not been able to access some of the hardest hit areas making trace for a double tragedy in japan ja really is anita let's bring in survival and active shooter former snipeer in alex coker along with aviation expert gregg brunson pitts p great to have you both. the pictures are amazing. i know you're an aviation expert here. when i saw it first came in i thought man if you can get half the people off that plane it really is a miracle. the fact they got everybody off? i wonder if you think greg it's because the a-350 is the first all carbon fiber plane. i wonder if aluminum would have given the passengers that type of protection. >> yeah, that's a great question. i don't think we know exactly the answer to that question yet, trace. but i think we'll find out.

temperature a-380 this particular one was manufactured with composite material so it's lighter, it's much more fuel efficient aircraft over the aluminum manufactured aircraft which have been for decades that's how aircraft were manufactured. >> trace: yeah. >> so it's a good indicator that, you know, that maybe led to passengers being able to get off the aircraft faster. >> trace: yeah, something was kind of working in their favor. alex, to you, you're a survival expert. you look at these pictures, you kind of come in these type of incidents all the time. when they told you 369 passengers and 12 crew members all got off you could hear the kids in the video, the kids are concerned trying to get everybody else off but relatively calm they got off, took 20 minutes and everybody made it. use you are thoughts? >> yes, sir. a couple different pointsment number one, there's a reason you're supposed to wear a seat belt on a plane. don't blow off the flight attendant giving you the

information. those are life and death instructions they're giving you. look over the manuals don't blow it off it could save your life. seat belt any time the plane is in movement, taxiing taking off or landing, the danger's never over until you're walking off the ramp. the other thing, the pilot's in charge of the plane and if he's incapacitated or the communication's not working or the flight attendant has a fight or flight freeze moment sometimes you have to take charge. and the black smoke can kill you before the fire can and something as simple as taking a jacket folding it up and putting it over your mouth and cover your mouth and nose and helping those around you get off the plane even if you're giving instructions, make things happen, as soon as that plane is stopped and you see the fire and smoke, do something, make some movement. >> trace: yeah. very good tip. airline pilots greg around the world for the past year or so, we have seen so many near misses all kind of wondering what in

the world is going on, and now you have a collision which really kind of ups the ante a lot. there seems to be something amiss around the world airports where we're having a lot of close calls and, in this case, a direct hit. >> i mean, look, tokyo haneda is one of the busiest airports in the world and airports in general, they are complicated and busy logistics operations. and air traffic controllers are under a lot of stress, and they are -- this is a complicated operation. and so it will -- we'll find out what exactly happened, wawas this pilot error, air traffic controller error, was there something on the ground, a mishap or a miscommunication on the ground. so we'll find out what happened here. but, you know, we have some of these same issues here in the united states with our air traffic control systems, no doubt. >> trace: yeah, and they have literally brought this to the forefront many times, a lot of

pilots around the country saying, you know what? we need to refine the system. the airline crew, by the way, alex, did get clearance to land. it appears, from the early investigation, again we do not know what happened, it appears the coast guard plane may have made some kind of mistake, five out of six people on that flight die. your final thoughts on this, alex? >> yes, sir, i can tell you, i've listened to the audio tapes and the air traffic control, you know, by far, they're all supposed to pretty much speak english as a primary language. there was a heavy foreign accent involved there and it could have been -- either the air traffic control gave the wrong command or the pilot misunderstood the command and that's why it's always very important to always repeat back what you hear to make sure you're given the right information. >> trace: yeah. very good stuff. alex coker, gregg brunson pitts we appreciate it thank you >> coming up we talk to an ohio pastor heading to court this week to defend his position of helping the homeless but the community says church is no

place for the homesless. still ahead look how this minnesota lake freezes and too many cooks in the kitchen. the day's best viral videos but first live look at troy yo's public square, in the heart of downtown and we are going live to ohio next and the story of the pastor who's trying to help the homeless. ♪

♪ . >> trace: well, first up in tonight's reel news roundup we are awaiting the unsealing of court documents to reveal the names of more than 170 people with ties to the late sex offender jeffrey epstein. one report indicates former president clinton could be mentioned more than 50 times. california's now the first state to provide insurance to illegal immigrants courtesy of the taxpayers. the program expected to cost the state $3.1 billion a year. california's already facing a $68 billion deficit. >> finally, the pastor of dad's places in brian ohio facing

charges tonight after opening his church to the homeless. the local zoning commission told the church they could no longer house the homeless because there's no bedrooms. and people are not allowed to eat or sleep on the property. apparently it's better to do so outside in the cold. the pas for has racked up 18 charges of zoning violations he says he gets a new charge every day he remains open and this pastor joins us now along with his attorney at first liberty institute jeremy dys. dice or dis. >> pastor the church is not allowed to take in the homeless kind of a conundrum pause you don't have beds but you're not allowed to have beds but because you don't have beds you can't have homeless there overnight. it is a crazy they'd rather have people outside in the cold rather than inside in the church. >> last year we made the decision to keep our church doors open 24/7.

we opened during extreme heat and extreme cold before to allow people in it's kind of this idea that anyone who's weary and burdened they can find rest, true rest, rest for that you are souls and as a church we believe we're commanded to take care of those in need it's not optional and show christ love to those the world rejects, god loves them but that's our belief, right? he loves them so much he sent his son jesus anyone to turns to him in faith. we believe that. and in november the city delivered a letter actually posted a sign outside the church kind of saying you have ten days to get the people out and stop this ministry and i just can't do that. i have to follow christ and the people who stay, they stay because they have nowhere else to go. i mean, no one wants to stay in a church. but they have nowhere else to go. we're the church. we won't send them away so unfortunately the city doesn't agree and filed 18 criminal charges against me and i'm convinced trace that the church

has not called it teach and preach but feed the hungry welcome the stranger care for the widow and/or fan that's what the bible says and it matters to me because i believe everything we do we do for jesus. that's what i believe. >> trace: you're a good man, now to you jeremy because the chief of brian police told action news a reasonable amount of time was given for the tenant and property owner to fix the issues. do you to the safety of all involved the city moved forward with filing charges, to fix the issues to put beds into place you can't -- i don't get. there's no remedy. there's no fix. >> no. i want folks to think about this for a second. if you're a pastor, think about driving up to your church on sunday morning like pastor avell did this past sunday morning getting out of your car to find a squad card pulling up alongside you and hands you 18 different criminal charges for the offense of caring for the homeless in the dead of winter. that's what it's come to.

it's not enough for the city of brian, ohio to castigate them on a civil basis by failing to abide by this that or the other thing they've violated a law in that regard we'll hold them accountable for that but to then tell the pastor and hold him criminally responsible for daring to take care of the homeless in the frigid winter, they would rather kick these folks to the curb in the cold outdoors of january and february then allow a church to be open 24/7 to those who need it the most. it's unconscionable. i've seen a lot of things but this takes the cake. >> trace: pastor you get a new charger day you allow the homeless. is it worth it? will you keep going? >> absolutely. i have no choice. i mean, honestly, i can't say -- this is about god. it's about his love for the poor, the marginalized people like me who have fallen short or desperate need of help.

god believed in me. p i wasn't always a believer i was an atheist and this is what god did for me. i was spiritually homeless and he provided a home for me in heaven, i believe that. and, trace, he's put a burden on my heart for them. many of these people have been rejected by their families, cast aside by their communities. so if the church isn't willing to lay down their life for them who will? this is what we're called to do and i can't help it because i believe this is the mission of the church to make disciples and this is how we do it by showing the love of christ preaching the truth and laying down our lives in service and humility as christ laid down his life for us. that's what i believe. >> yeah. again, i reiterate, you're a good man pastor chris avell, jeremy dys best ofulous on your fight. we will keep checking in to find out how this is going and we wish you all the best of luck. thank you. >> thank you. >> thanks trace. ♪ >> trace: first up in tonight's

viral videos a drone shot of a shiver of sharks swimming along the shore. the predators spotted near jupiter florida, luckily doesn't appear any beach goers decided to jump into the infested waters. a couple in cooke county illinois kicking off the new year after being picked in a lottery of 200 couples hoping to receive the first marriage license of 2024. the lucky bride and groom hosted their ceremony at the clerk's office surrounded by family and friends after the ceremony the newly wednesday got gifts from chicago restaurants and businesses. congrats to angelica and alfonso. next up, an ant eater taking present opening to the next level. the north florida wildlife center sharing king boomy tearing into christmas gifts the giant animal barging through the gifts tearing the wrapping paper and using its paws to get in the boxes. don't you know.

[barking]. >> trace: you see video there two goats stirring up trouble in the kitchen, the farm owner clearly getting a kick out of junior and alex as the wild animals open up kitchen drawers eat and scratch their next on the broom and other antics >> meantime minnesota river covered in patches of ice, aerial footage shows the frozen body of water with ice pancakes. the phenomenon is relatively rare when waves cause forming pieces of ice to knock against each other rounding their edges. there you go. if you have a viral video to share, share it with us at trace gallagher or at fox news night on social media. coming up, the viral video of 90210 actor ian zering if a fight with bikers. it appears he got out and threw the first punch while his daughter was in the front seat. is he at fault or just defending his daughter. there's still time to weigh in on x and instagram at trace

gallagher. the nightcap crew will handle this topic next. level hydration? new neutrogena hydro boost water cream. a vital boost of nine times more hydration* to boost your skin's barrier for quenched, dewy skin that's full of life. neutrogena. hydro boost.

♪ >> trace: okay, we are back with the nightcap crew, kevin corke, anita vogel, christina pascucci, aaron cohen and alex coker. tonight's topic, hooliganism.

90210 star ian seeing was attacked by bikers, a video went viral but it appears he threw the first punch while his daughter remained inside the car. was the actor at fault or was he defending himself and daughter. by the way you can see a crowd on the street. it's west hollywood, nobody, not one person, nobody jumped in. so we want to know, kevin corke, one, is he guilty? did he start this fight? or was he protecting his daughter. and two if you're on the corner, if you're on the street, do you jump in? >> i will bypass the opportunity to use what legal training i have and i'll speak from the heart. he did exactly what a lot of dads would do. i would probably do the very same thing i would start swinging period. as far as other people not helping him, i understand the impulse to just stay out of it but if i saw someone getting beaten up i would get involved. >> trace: you would think somebody else would. alex coker whose entire job is to make sure people are safe.

what do you think. >> number one stay in the car with your daughter and drive away, live to fight another day. number two, floor hits prevail. what you say can escalate or deescalate the situation. i would like to know what was said beforehand before the video was started. if you're alone run away today live to fight another day. >> trace: i hear, christina pascucci, we talked about this earlier in a segment, you're running for senate. these are kids you have to come in contact with and find a solution. >> it's such a sad state of affairs if people saw that scene five or ten years ago they would have been shocked and they're not even fazed by what they're seeing anymore and the sense of not feeling safe like being approached boy all those people and there's just a sense of disease in general in california right now which is sad. >> trace: anita vogel. >> i think we're missing information. we don't know what happened right before he got out of the car, right? the police report lists him as the victim, but that could change. >> trace: that could change. >> and i want to say that i thought he did a great job

defending himself. it was like five guys on one, but i think the real victim is his daughter who was sitting in the car. >> trace: aaron cohen. >> i'm going to say that steve sanders doesn't back down from a fightment i say attack the attacker. >> trace: okay. >> you know where i come out trace and i think he did a good job i think he just needed a couple more heel palms and may want to start driving with a helmet in his car so he can equal the equation. >> trace: i'm a girl dad as well i think you go out and protect your kid. yes, should he have throb the first punch at fault? yes 31% no 69%, kind of the same on instagram. john ferraro says he was in the right but you have to choose your battles, this was not a smart move. tommy says method acting got the better of him and there is no director to yell cut. safety first. thank you all for joining the nightcap. thank you for watching the nightcap. that is america's late news, fox news at night. i'm trace gallagher, we'll see you back here tomorrow.

♪ ♪