>> greg: we're out of time thanks to jamie lissow, dodgers, castillo, our studio audience. fox news at night with dreamy gone is next. i love you america. >> trace: good eek i'm gone 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, president biden appears to have made a key campaign decision instead of running on his record the president is choosing to villainize republican voters accusing trump supporters of being enemies of the state and the media has his back calling trump a monster, a dictator and calling republicans a cult. the senior national correspondent kevin corke is live in dc with the biden campaign's latest controversial comments. good evening. >> reporter: evening trace, critics are calling the president's rhetoric dangerous and divisive saying it proves when he famously said he'd bring the country back together he was lying. and now here's the plan say analysts. with low poll numbers a teetering economy soaring food and gas prices, not to mention a border crisis and multiple international conflicts that are costing american taxpayers hundreds of billions of dollars they still say it's smart politics to focus on the

so-called enemy in this case it would be his fellow americans who just so happen to support his predecessor. >> i wish the democrats would think a little more carefully when they talk about maga. they're basically scapegoating them that you are like him. take a step back be honest. he was kind of right about nato, kind of right about immigration grew the economy. right about china. this negative talk about maga is going to hurt biden's campaign. >> reporter: obviously very strong perspective from jamie dimon but to hear the vice-president tell it the real crisis is what happens to the country if donald trump wins again. >> i am scared as heck which is why i'm traveling our country. so many of us know when we are scared for the future of our children, do we then stay in bed with the covers over our heard? no. >> reporter: this of course as biden continues to trail mr. trump by 8 percentage points in

a hypothetical rematch in the state of georgia that according to latest atlanta journal constitution survey trace. >> trace: kevin corke live in dc kevin thank you let's bring in media research center contributing writer stephanie hamill and district media group hall berg. stephanie you first the x post saying looks like donald trump just won iowa, he's the clear front runner on the other side of this point but here's the thing this election was always going to be the you and me versus extreme maga republicans. so it's not what i've done for you, it's what maga republicans will do to you stephanie. >> absolutely absurd for president biden to oh tweet this. why only one out of three american support the job he's doing his job performance. being divisive and demonizing those who have supported

president trump and/or the other half of the country, if you will, isn't going to bring people to your side. it's very unpresidential, if you will. instead he should be talking about policies and how he's going to reverse course to make the lives of the american people better. >> trace: we talked with the peed i can't backing the president. here's joy reid on msnbc saying all christian trump voters are racist. watch. >> all the things that we think about about electability, about what are people gaming out, none that that matters when you believe that god has given you this country, that it is yours, and that everyone who is not a white conservative christian is a fraudulent american >> trace: i said racist i meant evil and racist beverly. >> don't forget both words have to get them both in. when you hear this it's not surprising that when you take a look at the public's level of trust in the media it's below 20% not only because they report

on stories like russian collusion, which didn't prove to be true or suppressing information about covid, the origins of it or masking, but because they demon ice their own read res readers or the people they want to read their story. it's interesting that media outlets take it upon themselves to scold the american people on what they think instead of focusing on putting out information and facts and letting people decide for themselves. >> trace: speaking of msnbc, this sound bite from rachel mad ow spraining why they had to cut away from trump's victory speech, you can't let people decide for themselves you have to tell them what to think. watch. >> there's a reason we and other news organizations have generally stopped giving an unfiltered live platform to remarks by president trump. there is a cost to us as a news organization of knowingly

broadcasting untrue things. >> trace: they specialize in broadcasting untrue things stephanie. i've gone over this before again and again but your talk. >> well, their credibility is already wounded right with the russian collusion hoax and the hunter biden laptop story among so many that we don't have time to list on this show. so you think that they would sit down and think, you know, many we should try to work harder to gain credibility so we can get people to start watching us again and taking us serious. instead they're tripling down, not just doubling down they're tripling down by completely censoring a presidential candidate that obviously people like. let people listen to the candidates and let them decide. the american people aren't stupid. if the rhetoric is so bad, let them hear it for themselves. >> trace: yeah, it's a live speech from the former president of the united states and they're censoring it and jamie die mondayed, kevin corke played a little but jpmorgan diamond said

this is a dangerous path to go down. >> i wish democrats would be careful when they talk about maga. listen he was kind of right about nato kind of right about immigration, grew the economy, right about china. this negative talk about maga will hurt biden's election campaign. >> trace: he's right it's going to hurt you have to run on your record at some point in time otherwise you're just beating up the other guy. >> it's not even that he's beating up trump he's beating up the people voting for him. reminds me of the hillary clinton's basket of deplorable moment which was devastating for her. this is what the biden administration wants to do not just run against trump but run against half of the american people. i think it's a losing strategy. you don't knock the voters yet that's what they seem to think is their winning messages because as you said focusing on his record isn't going to work too well for biden because not

many like the job he's doing. >> trace: beverly, stephanie thank you >> we have a new boston globe poll out of new hampshire about what to expect in next week's presidential republican primary and without giving it away too much, it's really not great news for nikki haley. brian llenas is live for us tonight in manchester new hampshire. bryan, good evening. >> reporter: trace, good evening. tonight, florida governor ron desantis is actually polling dead last in new hampshire with just 5% support. trump leading with 50% and former governor nikki haley is second with 34%. desantis moved a majority of his campaign staff to south carolina, haley's home state insisting a loss there will deliver a knockout blow to haley's campaign though desantis tells fox he's not skipping new hampshire. >> we went to south carolina, knocked out a couple events and then did what we were planning to do in new hampshire.

that was somehow characterized as skipping new hampshire which it wasn't it was adding south carolina in addition to that. we're setting up events in new hampshire on friday, we'll do multiple town halls and we will be back. >> reporter: i caught up with haley tonight who had this to say about desantis. >> he's closer to zero than he is to me in either of these states so it's more about his survival. we're strong, it's a two person race in new hampshire a two person race in south carolina so we're focused on trump that's all we're focused on. desantis i forgot about him the second he left new hampshire. >> reporter: haley insists she'll no longer debate unless trump joins her on that stage. desantis says both candidates are hiding. >> i want to debate. i'm out there taking questions from voters. biden obviously isn't leaving his basement, you know, trump doesn't debate he doesn't take questions from voters. haley now won't debate. >> is trump on the debate stage? trump's not on the debate stage

so who am i debating? why would i debate -- trump is the one i want, that's who i'm going for, it's a two-person race here in new hampshire. >> reporter: desantis flew to florida tonight he'll be back in in h and then be campaigning in south carolina >> trace: brian llenas live in new hampshire thank you. the author of politics for people who hate politics denise grace gibson along with republican strategist ma heck cook. thank you for being on we appreciate it. i want to put up the suffolk boston globe poll p not great for nikki haley former president with 50-plus percentage points necky haley down almost 17, ron desantis a distant third. so her number is not growing, his number is growing, the former president on this thing. denise, what's your take away on this? >> i mean the writing's on the wall i think for both

candidates. this is the best nikki haley's ever going to do in any state and there are no more votes to pick up. christie's already out. so unless she wants on get pummeled in her own home state which is just as embarrassing how well desantis is doing in his home state compared to trump i don't understand why they're continuing this fight and i don't understand why desantis wants to suffer twice. both in new hampshire and south carolina. >> trace: i wonder because nikki haley was telling brian llenas, who am i going to debate trump doesn't want to debate, am i going to debate desantis. truth is desantis beat her in iowa, it's not like he's been booted out of this race. is she not playing this well? should she debate? should she kind of keep going like she has been? >> i agree, i don't think nikki haley should be debating anymore unless it's president trump on the stage with her. i've always said running presidential campaigns and being part of great teams in the past

h is really predictive of who will be the gop nominee and when you look, five out of seven gop nominees came through new hampshire. looking at the poll pretty much is still winning, independents in new hampshire, nikki haley is dead right i would not do a debate if i was her advisor i would tell her to work as hard as she can to narrow that margin in new hampshire but right now trailing significantly behind. >> trace: president biden didn't do well in new hampshire but did really well in south carolina. the new abc ipsis poll speaking of president biden, 33%, the margin of error is 2.5%, he is really kind of teetering near the 20s and that is a bad sign. >> yeah, not great. and if you look at consistently the polling on right direction, wrong track for our nation, it's

been right around tracking with biden's approval, maybe even a little worse for him. it's not looking good for him. the reason he's so desperate to go after extreme maga republicans when in fact the people he's talking about are the people who are voting for trump even though they're not even republicans in all of the swing states that he won last time. >> trace: he has people out on the campaign trail that are kind of -- maybe not even campaign trail the media trying to boost him up a little bit. foxnews.com writes kamala harris defends biden's intelligence when pressed on mental sharpness saying he is extraordinarily smart. first lady also defend him questions around his health claiming his age is an asset. he's wise. he has wisdom. he has experience. voters have said again and again mahek that they want young, they don't want biden. >> trace: well, we continue to see that kamala harris is scared as heck. she's admitted it on television.

so at this point she's going to do everything to try and defend the commander in chief but there's no defense. just look at his record. record high inflation, high unemployment, gas prices, immigration, we have a crisis at our southern border we need to wake up and realize we have a national security threat and not to mention biden has engaged in wars that we don't belong in today. what are you going to do? you're going to say you're scared you're going to run scared and then try and continue to say biden is yuck. we know the truth his time's up we need to fire him and move on. >> trace: imagine immigration and the border being a top issue in iowa and a top issue in new hampshire, which is about as far away from the border as you can get. really is kind of stunning. denise, grace, mehek cooke great to have you on thank you >> former president trump was nearly kicked out of court during day two of his civil defamation trial in new york city after e. jean carroll's lawyer complained the defendant

mr. trump was ignoring a warning to stay client during her client's testimony. judge louis cap lane scolded the former president saying if he remains disruptive he would forfeit his right to be present. the jury will eventually decide how much in damages trump must pay ms. carol after the previous trial jury in may found him libel for sexable for sexual as defaming her >> a judge in maine has delayed a decision on former president trump's ballot status until the supreme court rules on a similar 14th amendment case in colorado. marianne rafferty is live with that story tonight. maryanne, good evening. >> reporter: good evening trace, a judge in maine is now deferring a decision on whether president trump can remain on the state's ballot until the supreme court has a chance to weigh in. the move comes after maine's democratic secretary of state, schenn a bello said trump was disqualified under the 14th amendment where she alone made the decision that he engaged in invehicles. the supreme court is planning to review a similar decision made

by colorado supreme court on february 8th. colorado's secretary of state general a griswold has asked the court for a quick decision. that state's republican primary is march 5th. meantime, on the campaign trail, president trump says corrupt forces have been fighting him every step of the way. take a listen. >> they are fighting every step of the way on everything now breaking every rule and shattering every norm in a lawless attempt to keep us from defeating them at the ballot box. >> reporter: according to the judge's order maine's secretary of state will have 30 days once the supreme court justices to either make a decision to either withdraw modify or confirm her ruling to disqualify trump on the primary ballot. a maine supreme court judge said in today's ruling said she at least hopes the supreme court will clarify what role states make in a jude kading disclarification. >> trace: needed in this case. thank you >> former acting attorney general matt whitaker, matt

great to have you on as always. your thoughts on the judge in maine pausing a decision to remove trump from the ballot. >> well, it's obviously the right decision because the supreme court is going to decide fairly quickly after the february 8th hearing as to what to do. i don't think there's any doubt, and i've talked to a lot of legal experts and i have my own opinions on it, but i think there's about five different ways the supreme court can find a majority to, you know, turn around and reject the colorado's supreme court's decision. but i think judge roberts most importantly is going to try to find the biggest majority possible on the narrowest issue possible in order to get this behind the country. i don't think there's any doubt the 14th amendment doesn't prevent president trump from running for president. >> trace: lot of people expect a big number from the supreme court as far as how they vote on this thing. now no georgia and fulton county where the da, as we have known for the past couple of weeks,

fani willis, hiring her alleged lover to prosecute trump in this complicated rico case despite him not having very much prosecuting experience. here's what a cnn correspondent said. watch. >> everyone that we've spoken to, they agree that the optics in this are just horrible. in fact some now high level democrats in this case are calling fani willis to step down and recuse herself from this case. >> trace: and the calls are getting louder, matt. everybody's saying, you know what? this doesn't look great on its face going in, but the longer it goes on, the more information that comes out, it turns out to be bad. >> yeah. and the optics are not the main problem. the facts are really bad. on once some of these facts continue to come to light and, you know, the complicity of these two and siphoning off

hundreds of thousands of dollars to support their life style i think is going to be outrageous for most people in fulton county, even if you are a left-leaning, you know, trump-hating will be ra. you just can't ignore the truth here. >> trace: the news, in the new news in the hunter biden stuff, by the way, is that his gun pouch back in 2018 had cocaine residue on it. now you have the biden justice department reviewing hunter's laptop saga. it just kind of goes on and on. what do you see, you know, early in the new year, matt, where do you see this going? what do you think is going to happen with this case? >> yeah, trace, the thing that just always strikes me as really almost unbearable as someone that believes in the rule of law and believes that the, you know, prosecutor should do justice without fear or favor is the plea deal they tried to give to hunter biden and make all these

cases go away was a misdemeanor tax charge and a deferred judgment on the gun charges. 's now facing three felony gun charges and also facing three felony tax charges in addition to the six misdemeanors. that's 12 charges, six of them felonies. just shows you what a sweetheart deal he was getting. again the facts keep getting worse and worse, now there's cocaine found on the gun and i just think it is outrageous to me that this department of justice was willing to get this case gone for as cheap as they tried to do it. >> trace: yeah. it really does. i mean, the more information comes out the worst this thing looks in hindsight. matt whitaker great to have you on the show thank you sir. >> good to see you. thank you. >> trace: coming up commissioners in clark county nevada have essentially outlawed tourism in las vegas. here's the deal if you're walking across a pedestrian overpass or along the strip and you stop or stand, maybe tie your shoe, you could face a thousand dollar fine or up to

six months in jail. and later in the nightcap, green day and jimmy fallon took over a new york city subway station for an impromptu concert. take a watch. ♪ ♪ i wanna rock and roll all night and party every day ♪ . >> trace: so here's the question. if fallen and green day blocked your way to the train would it be pretty cool or pretty annoying or does it depend on who's playing this impromptu show. let us know on x and instagram at trace gallagher. we will read the results as well as the best responses coming up in the nightcap. 8:20 on the west coast a fox news at night trip across america, first a live look at san diego where you can be fined for leaving christmas lights up past february 2nd. bah humbug. next a bright and beautiful night in dallas texas where mike mccarthy remains the coach of the dallas cowboys. and, finally, a live look at virginia beach, a three-mile

boardwalk. if you can't join us live do not forget to set your dvr. we're more fun live but we're great on tape. we're coming right back. ♪ [camera shutter sfx] introducing ned's plaque psoriasis. [camera shutter sfx] he thinks his flaky, red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. [ned?] it can help you get clearer skin and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing it for nearly a decade. otezla is also approved to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. [crowd gasp] ♪ with clearer skin, movie night is a groovy night.

[ting] ♪ live in the moment. ask your doctor about otezla. only sleep number smart beds let you each choose your individual firmness and comfort. your sleep number setting. and actively cools and warms up to 13 degrees on either side. save 40% on the sleep number special edition smart bed. plus, zero percent interest for 36 months when you add an adjustable base. ends monday. only at sleep number.

>> trace: imagine being a taxi driver or an uber driver and a state trooper has to ride with you to make sure you're following the law and at the end of the ride you have to pay the trooper for your time and trouble. the u.s. fishing industry is getting hit by those types of regulations as we speak and apparently it's not going well. senior national correspondent kevin corke is live with the details on this kevin snoop interesting story indeed. the supreme court hearing arguments in a case that could bring fresh constraints on federal agencies running room to craft energy and climate regulations. the justices diving into cases

challenging the so-called chevron deference. that's a long standing precedent that gives departments and the government broadly way when underlying statutes are vague or silent on a particular topic. now, the current litigation trace is technically about a fisheries rule that requires them to pay the salaries of the federal observers required on some boats to prevent over-fishing. but consider tailing the deference would affect more areas of regulation, conservatives and business groups say chevron disrupts the constitutional powers giving the executive branch authorities congress never intended or approved. now for their part the biden administration is arguing that federal agencies have the mandate to enforce federal laws. rulings expected boy late june and i know a lot of people in legal circles that just can't wait to see how this all turns out trace. >> trace: yeah, i'm one of them

and the man sitting next to me is another one. kevin corke in dc, kevin, thank you. >> trace: well, if you think the federal government is overreaching the fox news at night common sense department would like to inform you that in la las vegas it is now illegal to stop or stand on any of the city's 15 pedestrian bridges or the las vegas strip t law was unanimously passed by the clark county commissioners and the reasoning is that pedestrian walkways are quote, designated flow zones and if you take in the view or tie your shoe it impedes the flow. so if you decide to pause and take a selfie you might gefl yourselfy a ticket with a fine of a thousand dollars or six months in jail. common sense thinks that's pretty punishing for a pause. we are told this has nothing to do with the city bees riddled with homeless people peddlers or three card monte men who prey on

sickers. no, no, this is only about safety apparently peer reviewed and empirical studies that show if you keep crowd moving it prevents congestion crime and cash from staying in your pocket. because let's face it if you keep walking that blackjack table is getting closer. it's also illegal on the las vegas strip to swear? common sense thinks what if you swear about getting fined for not walking? apparently then what happens in vegas goes national. let's bring in criminal defense tone and federal litigator vehicle bajaj along with row formed chair man karl. welcome to you both little facetious on common sense's part but the aclu says that this law violates the first amendment quoting here, that might me know the right to protest, that might mean someone sharing expressions of their faith, that might mean a street performer.

what do you think about this. >> those are valid concerns but you can venture a guess that those would be defenses if there are citations or criminal prosecutions. but it's very important to note trace this is a trend both federally with the chevron doctrine which really affects the separation of powers. the executive branch shouldn't be able to enforce a law and also interpret ambiguous or silent law. in the same sense on the state and municipal levels we don't want commissioners or city councils when it's am bug with us or turn robust and do what everybody else is doing. >> trace: i thought karl would have a good take on the vegas do not stop on an overpass law. karl what do you think. >> this is just complete insanity, it's the nanny state. trace, it reminds me though of one mandate or restriction that california politicses implemented during covid-19.

during the early parts of the pandemic, when everyone was losing their mind and everything was a risk, california politicians mandated that you could not sit down on the sand on a beach. they said that that was going to be hazardous to your health and those around you. so, again, look, this is just insanity. if people want to take a selfie in vegas they're out on vacation, this is about tourism. you have all those lights, all those attractions, let them have a little bit of fun. oh, by the way, the one thing they won't ban is drinking in public in vegas because they can profit off of that. >> trace: of course they can. he's right on the beach during covid vik it was the same. if you were going to be on the beach you had to keep walking, there were the life guards they were all over you. to the government overreach in the fishing industry here is a fishing worker saying what they're going through watch. >> on a dailies basis before you leave the dock you have to tell the government what you're going to fish for you have a

government ankle bracelet called a vessel monitoring system they know where you are at all times, how fast you're going, what direction you're going in. >> trace: it really is one of those things they can board your boat at any time and then charge you for what they did on the boat while they were out. >> absolutely patently ridiculous. but let's not lose sight of the bigger issue. this is the executive branch saying we know what the law is but we believe a certain word may be less than specific and clear so we're going to go after the consumers, the citizens. now, when you listen to the recordings from the supreme court arguments earlier this week, today, you will understand some of the supreme court justices were very concerned about notice. so when i law is passed by congress or a state legislature we have notice, publications. however, when an executive branch, like the department of education for instance, or other law enforcement entities, interpret and enforce, that's

judge, jury and executioner. that's very dangerous. >> trace: really is dangerous. foxnews.com wrote the following, the city of toronto, carl demaio, has come under fire for banning tow boggening on 45 hills criminals the snowy season. the reason they're banning it if you didn't know is because the hills have trees on them and people are like sorry those hills have had trees for, you know, 17 billion years or so. >> yeah. i mean, the question is, what good things about life are we going to lose. the liberal mindset disappears the joy out of life. it's just insanity. everything that we like, everything we enjoy, it's eventually going to be taken away from us. and so we have to see this as an infringement on freedom and just common sense. >> trace: yeah, common sense, back to the common sense department. carl demaio vik bajaj a great team, demaio bajaj great team.

>> sounds like a la firm. >> trace: yeah, law firm today imagine demaio. apparently president biden even has a limit how many missiles they can launch into ships in the red sea before he labels then a terrorist group. we'll get into that next. first a birds eye view of the nation's capitol washington, dc courtesy of earth cam we are are coming right back with the houthis being designated again as a terrorist organization. ♪ and i'm erica. cody: and we're first generation ranchers from central texas. erica: and because of tiktok, we're able to show people from all over the world where their food and fiber come from. cody: we have dorper sheep and we have beef cattle for the sole purpose of going into the food chain. we use tiktok as a tool to inform people of what we do and why we do it. there's just a plethora of knowledge and of information swapping going on there. tiktok is helping us protect this way of life for future generations.

mara, are you sure you don't want

-to go bowling with us tonight? -yeah. no. there's my little marzipan! [ laughs ] oh, my daughter gives the best hugs! we're just passing through on our way to the jazz jamboree. [ imitates trumpet playing ] and we wanted to thank america's number-one motorcycle insurer -for saving us money. -thank you. [ laughs ] mara, your parents are -- exactly like me? i know, right? well, cherish your friends and loved ones. let's roll, daddio! let's boogie-woogie! ♪ >> trace: the biden administration makes a u-turn and redesignates iranian backed houthi rebels as a terrorist group but after repeated attacks on ships in the red sea many military analysts are wondering when the president will lay out consequencesment jeff paul with the latest on this story. >> reporter: good evening trace the development comes as we're tracking yet another attack on a u.s. owned and operated bolt carrier ship in the gulf of aidan.

u.s. military officials confirming to fox news yemen's houthis launched a one-way drone on a ship causing minor damage. this is the second time a u.s. owned and operated ship has been hit by the houthis in the past two days. it's the 34th known attack on commercial shipping in the red sea gulf of aidan area since november 19th. as a result of all these attacks, the biden administration is placing the iranian-backed houthis on the specially designated global terrorist list after removing them from a similar terrorism designation three years ago. this means they'll face sanctions as the u.s. attempts to deescalate and stop the ongoing attacks. national security council spokesperson john kirby says the houthis previous designation as a foreign terrorist designation fto didn't give them flexibility into allowing humanitarian aid into the war-torn country. >> a big reason why we d listed them literally on day one was to

address a dire, dire humanitarian situation on the ground. and, as i said today, it remains dire in many cases. the houthis are more concerned about getting weapons and capabilities and attacking ships in the red sea than they are helping to look after their people. >> reporter: we are also learning tonight the u.s. has carried out another strike hitting 14 iranian-backed houthis missiles that the u.s. military says were loaded and ready to be fired. they say the strike was an attempt to stop more merchant ships and u.s. navy ships from bealing attacked once again trace. >> trace: feels like this back and forth could go on for a while. jeff paul, jeff, thank you >> let's bring in the host of the watchman middle east analyst eric stackle back. they put the hue countries back on the terrorist group list and then immediately targeted by a houthi drone and a u.s.-owned cargo ship. we're just not apparently deterring them very much. >> we're not, trace. deterrence is just not present here with the houthis and i

really think the biden administration's original sin in foreign policy occurred just two weeks after president biden took office back in february, 2021 when he removed the houthis from that terror list, trace. now the houthis were emboldened by this, they upped their attacks in the region and now we see a constant stream of attacks against u.s. shipping, again, the biden administration removing the houthis as really throwing a bone to the iranian regime. that's real big picture here, trace, that the iranian regime is behind the houthis to the point where there are iranian revolutionary guards core boops op the ground in yemen directing the attacks in the red sea ultimately the buck stops with the iranian regime. >> trace: my question, i ran clearly the common today nominator behind hamas behind yemen and the houthis. i'm wondering because we lost two navy sales in the red sea seizing iranian shipments from

the houthis. how much more involvement are we going to see in the red sea if these attacks keep going are we going to see of u.s. military. that's the question. how much more u.s. military involvement are we going to see in that region? >> yeah, i don't think you're going to see an invasion of yemen trace, you may see special forces operations, obviously on soil targeting the houthis, but i think this is a clear example of what happens in the middle east does not stay in the middle east. it profoundly affects all of us no matter where we live. we have companies like bp and maersk major companies avoiding the red sea that will have a global impact trace, some 12% of global commerce passes threw through the red sea and the houthis are on the earning have of shutting down this vital waterway we will all feel that around world include right here so the u.s. military i don't know again we'll see boots on ground but i think trace think of 1986, going way back, when ronald reagan struck muammar

gaddafi. you didn't here from him for a long time, a message was sent deterrence established. a similar forceful message needs to be sent to the houthis and their masters in tehran. >> trace: i want to play this sound bite john kirby talking about timing. watch. >> we're not looking for a war. we're not looking to expand this. houthis have a choice to make and they still have time to make the right choice which is to stop these reckless attacks. >> trace: they have time. how much time do we give them? it's been a hundred plus days eric. your final thoughts on this. >> yeah, this is my eve ta trace. the houthis aren't going to suddenly change their spots and the iranian regime isn't going to change its spots so the only message the houthis will understand and grasp is one of force i'm sad to say but that's the only thing a truly decisive forceful action, not defensive but going on the offense against the houthis will be the only thing that gets the message across. >> trace: it appears that way.

eric stackle back good to see you as alwaysment thank you. >> thanks, trace >> first up in tonight's viral videos, are we listening? yeah, our own bill hemmer the guy right there with the baby getting praise tonight for lending a helping hand on his flight to des moines iowa on saturday to a mother who was trying to deal with a doed letter throwing a tantrum and a baby crying at the same time. bill, nice guy that he is, held baby amelia for two hours and even gave her a bottle at one point. the grateful mom told bill he showed her the goodness in humanity. shelfry not dead. good guy >> hulk hogan helped rescue a 17-year-old girl from a car that flipped over. his wife posted on facebook that hogan and his friend held rescue her h he used a ball point pen to puncture the airbags and clear her. buffalo bills fans help clear out the stadium after it was

buried in lots of snow. nfl playoff game between the bills and steelers was postponed on sunday but the teams were able to face off on monday partly because of the efforts of the fans who heedd the team's call. they were also reportedly offered $20 an hour for their work and, of course, the bills ended up winning which is the cherry on topment if you have a viral video to share, share it with us at trace gallagher or fox news night on social media. coming up, you're trying to get to your subway, right? and you get bogged down in a little impromptu concert of jimmy fallen and green day. are you pleased by the entertainment or are you annoyed that you cannot get where you're going. still time to weigh in, x and instagram at trace gallagher. the nightcap crew rocking and rolling coming right back. ♪ your chronic migraine - 15 or more headache days a month, each lasting 4 hours or more - can be overwhelming. so, ask your doctor about botox®. botox® prevents headaches in adults with chronic migraine

before they even start. it's the #1 prescribed branded chronic migraine treatment. so far, more than 5 million botox® treatments have been given to over eight hundred and fifty thousand chronic migraine patients. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects. in a survey, 92% of current users said they wish they'd talked to their doctor and started botox® sooner. so, ask your doctor if botox® is right for you. learn how abbvie could help you save on botox®.

♪ >> trace: okay, we are back with the nightcap crew, kevin corke, jeff paul, marianne rafferty, denise gibson, bev cooke and demaio. yesterday jimmy kimmel and green day hosted a impromptu concert at a subway station in new york. here's a bit.

watch. ♪ i want to rock and roll all night and party every day. >> fun right unless you're trying to get home. if you're trying to get home or to work during this impromptu concert would you find it entertaining or annoying or would it depend on who was playing? is my guess. marianne rafferty start with you. what's your thought on this? >> no way. no way right off the top. i don't care who's playing as someone who lived in new york and rode the subway, uh-uh. i just want to get through and get to where i'm going. >> trace: i'm with you i rode that subway a lot in the years in new york and i don't think i would be happy. i might change my mind later in the nightcap. vik bajaj. >> there can be no excuse whether you like green day or not. i know they have an album coming out, free advertising, looks like they have a problem keeping their lyrics straight or remembering them. good advertising stay out of my way. >> trace: mehek cooke do you want a band in your way. >> absolutely not. they should be treated no differently than climate

protesters blocking intersections drag them off platform i have places to be. >> trace: got on to go. kevin corke. >> reporter: there are acronyms on the internet that i could share about getting out of here. i won't because i need my job. but that's how i feel about that. >> trace: i got you. listen, we got you. get out of here, get the heck out of here. >> reporter: yeah. >> trace: mehek out of here. annoying, 54% say yeah, annoying, and entertaining 46% on instagram annoying 52, entertaining 48. kathy brave says, annoying, especially a green day concert. mary j we all need things like this, everybody's so serious these days. and dan, annoying, not a fan of crowds. i don't know. let's see what this -- let's get to carl demaio. >> well, you know, true story, in los angeles their transit department has started playing classical music in metro stations to scare away the

homeless. so as annoying as this is, maybe this will replace the classical music in los angeles. >> trace: denise. >> what's wrong with you people? i paid so much money to see green day at lollapalozza in high school i have no idea why you're turning down a free concert. my question is wasn't billy joel supposed to leaf after the dobbs decision and become a canadian? what's he doing on this side of a border. >> trace: if led zeppelin was reuniting i would be totally fine with that. here we go, nicole, fun free entertainment, heck yes, sir. brent, making it inconvenient for other so they can get some clicks. jeff paul. >> yeah, it's fun. i do think it was a little unorganic though they wore disguises at the beginning. everybody knew. >> trace: thank you all for joining the nightcap and thank you for watching america's late news.

♪ ♪ charlotte! charl! every day can be extraordinary with rich, creamy, delicious fage total yogurt.

kind of promising. we'll see. here's "the five." ♪ ♪ ♪ >> judge jeanine: hello everyone