oooohhh, it is cold outside time to protect your vehichle from winters wrath of course the hot sun can be tough on vehicles too you need weathertech all year round! come on, protect your investment laser measured floorliners and cargoliner will shield the carpeting from sand and snow for your interior, there's seat protector and sunshade plus, mudflaps and bumpstep for the exterior order american made products at weathertech.com surfs up yeah, right >> [cheers and applause]. >> greg: out of time. i love you, america. >> [cheers and applause]. >> trace: i am trace gallagher. 11 p.m. in washington and 8 o'clock in los angeles. this is america's late news fox

news at night. breaking tonight a live look at a house on capitol hill where lawmakers are close to burning the midnight oil to finalize impeachment articles against homeland security secretary mayorkas. if you are wondering where border security is a top election issue, we have exhibit-a. brand new video showing a mob of migrants beating new york police officers. it gets worse. and kevin cork is live and congress working over time. >> something else you won't want to miss this video. since the start of the spring

172,000 migrants flooded into the big apple and 67,000 are housed in city shelters and hotels. the train is obvious. the video is the latest example. urged by cops to move along. 4 asylum seekers kicked and punched officers before being caught later. to add insult to injury, after they were arrested, they were released without bail. just another uptick on the thermometer for a city simmering with resentment. illegal immigrants are flooding hotels, and schools and airports. it costs the city million dollars every day. we are tracking to articles of impeachment against alejandro mayorkas accusing him of

refusing to follow immigration law and breaching public trust. in a letter to the committee, mayorkas said i assure your falls accusations don't rattle me and don't divert me from the law enforcement and the public service mission to which i have devoted most of my career. since the biden administration assumed power the encounters on the border and nationally have surged. up from 405,000 back in 2020, president trump's last year in office to millions. look the -- look at 2023. that continues in 2024. a vote will play out along party lines.

moving articles to a house vote for a future day. if i see anything break i will let you know. back to you. >> trace: kevin cork. thank you. the fox news at night common sense department is surprised to see homeland security secretary mayorkas lash out at congress. he is unhappy with house members finalizing articles of impeachment for breaking the law and lying to congress. there is a debate among legal scholars whether impeachment is the right remedy for mayorkas. but for the dhs secretary to call the allegations baseless, that's baseless. he has lied in front of congress. saying multiple times the border is secure. 7 million illegal immigrants crossing the border and being

released into the country not the definition of secure. it's not just migrants taking over airports, hotels, high schools, it's the flow of the unknown. we don't know who is here. we don't know if they pose a threat. the fbi says the terror threat level is high. the home land being at risk is bad for somebody who runs homeland security. mayorkas said these allegations don't rattle him. hasn't 3 years of border chaos been rattling enough. let's bring in spencer brown and may melman. spencer, you are sitting right here. you got back from the border. i want to play more of that video. it's telling and worth it. illustrates the chaos that mayorkas says doesn't exist. a beating in times square of police officers. the cap ser they were rested and

caught and they were released. we don't know who these people are. they will never be picked up again. we know that. >> you're absolutely right. part of the reason why they felt emboldened to this because they got into the country by breaking the law and faced no repercussions. they knew in new york they would be released. new york city is a sanctuary city. >> trace: yes. i want to play this sound bite. this is robert kennedy junior on fox and friends talking about the border. watch. >> there are 27 big gaps where everybody is coming through. the rural areas you need to restore the fences that were torn up by the administration. put in a long range camera and censor equipment.

we need asylum judges on the border for the cases there. >> trace: you have the president saying i need the authority to get this done. may, what do you think? >> that's a liberal response to the border. we just need to detect people. we detect 3.5 million encounters over the past year. the problem is even after they are detected they are released. that's the abdication of duty for impeachment. i am not a big fan of using impeachment for neglect of duty but dhs apprehended these migrants. but lets them in with a cellphone or ankle monitor. that's against the law. >> trace: a national security issue. this sound bite is the president saying give me the authority to

do this. watch. >> give me the power! i asked the day i went in office. >> [shouting]. >> trace: he said i have been asking since the day i got in office. the day he got in office he stopped remain in mexico and construction of the border wall and he stopped deportations for the first 100 days. >> he is acting like he doesn't have authority to do this but he used his authority to create this mess. this is his creation. he can stop it again tomorrow. if he enforced the law. >> trace: the theme was in early 2021, if trump did it, we were going to undo it and they did. >> exactly. i was in the trump white house

and i helped construct these policies that were undone. in ohio we sued biden to keep these policies in place. they fought us in court. just stop fighting the states in court. we cannot trust biden. all he needs is the legal authority. all he's done during his presidency is fight border patrol in letting them do their jobs. >> trace: 15 seconds, you just got back from the border. >> it's a mess and so much worse seeing it up close. all of those numbers are terrible. gaps in the border wall. people show up. they don't try to run. once they turn themselves in they get a court date 7 years from now. >> trace: as time goes on the time gets further down the road. thank you both. president biden says he knows how the u.s. will answer the

deadly drone attack by iranian proxies but not sharing his plan and only kind of blaming iran. bill is live in los angeles. good evening. >> the whole world is on edge waiting to see how the u.s. will respond to the killing of 3 american soldiers. president biden said he made a decision on what that response will be, but doesn't want a war. >> [shouting questions]. >> we will see. >> [shouting questions]. >> trace: the president is making his decision after 3 u.s. army soldiers were killed in

a drone attack. iran is believed to be behind the attack. the fallen american soldiers have been identified all from georgia. there are over 165 attacks on american forces in the middle east as the october 7 terrorists attacks in israel. anthony blinken said the situation is a powder keg. >> this is a volatile time in the middle east. i would argue we have not seen a situation as dangerous as the one we are facing now across the region since 1973 and even before that. >> trace, some members are congress say they got to hit iran hard and directly. others are surging caution. warning that we could be pulled into a regional war. the middle east is a total

tinderbox. >> trace: bill, thanks. rebecca, you look at this whole thing. when president biden was talking about the media today, he said he didn't lay the entire blame on iran. they gave the weapons to proxies. it sounds like he is not planing to go directly after iran? >> he continues to let iran off the hook. we know iran is funding these proxy attacks. more than 100 attacks against israel since october 7. hamas said these attacks will stop once israel stops attacking hamas. these proxy attacks will stop against u.s. forces. president biden is giving them a cushion. >> trace: we talk about the idea we are in a boiling situation

here in the middle east. does that play into this? iran is getting away litterally with murder? >> this is how iran operates. the biden administration is so concerned about escalation they are allowing the iranians to escalate via proxies. the united states has to go after iran targets to convince its iranians will defend our troops and keep the red sea open. >> trace: this is retired general breedlove. >> going after a capital asset like a ship or the infrastructure for oil which are highly valued by iran, would be a clear message. >> trace: it would be a clear message. i am not sure that message is about to be delivered. >> it's more than a message.

you are trying to impose a cost on the iranians. president biden said the goal is not to deter the attacks. it should be. we have to change the objective. and make it happen. >> trace: this poll on biden iran policy. matches with his approval rating. what he does and it could be this kind of prolonged day after day attack against the prox i. i.e. -- proxies it could decide his presidency. >> you have seen the middle east fall apart. it got for dangerous. you have jake sullivan saying the middle east was calm before

october 7. it's not calm. after the withdrawal of afghanistans, the terrorists are still this and attacking u.s. forces. >> trace: it's the most volatile since 1938. >> after the iran deal was implemented by the obama administration, it was supposed to moderate the regime. the region got very, very dangerous. this came from the obama administration the iran deal that flooded the regime with cash. >> trace: the department of justice is opening an investigation into missouri democratic congresswoman cori bush for using taxpayer money to hire her husband's private security firm. she supported defunding police but now is accused of funding her hus. mary ann has the rest of the

story. >> cori bush has been a supporter of defunding the police but she surround fire for where the $500,000 she used to pay for private protection came from. the justice department opened a probe of the missouri congresswoman. accused of mis using campaign funds for priority security that included her husband. democrats spoke out in her defense. >> right wing organizations have lodged baseless complaints against me. i retained my husband as part of my security team because he's had extensive experience in this area and could provide services at fair market race. >> bush spent half million dollars of campaign funds on private security.

$60,000 went to bush's husband who did not hold a private security license in st. louis or d.c. but the ethics probe found no wrongdoing and that case was dismissed. she said she is cooperating with the probe and said she received death threats. >> trace: criminal defense attorney vick. one more sound bite from cori bush. >> i am under no illusion 3 right wing organizations will pursue efforts to attack me and the work the people of st. louis sent me to congress to do. >> trace: what she misses that the department of just is not a right wing organization.

they opened the investigation because the accusations are concerning. >> that's right. many of my colleagues on the other side of the bar, i understand your argument but we can't ignore crime. there may be hearings that came to a conclusion there is nothing to see, that's of no consequence. when the department of justice is knocking on your door with subpoenas, they want to wait until they get as much evidence including testimony on the congressional floor as possible. she has a a big worry that should keep her up at night. >> trace: i want to move on to the fani willis case. the "new york times" wrote this. the fulton county georgia prosecutor accused of poor behavior. the "new york times" said:

the question of whether the prosecutor should be disqualified has divided legal experts. some called on mr. wade, the boyfriend, and miss willis to resign from the case to avoid the possibility of delaying a trial date." do you think she will resign from this case? might the trial be delayed? >> there are a number of different optionaise judge has. let's assume the judge says this is too close to the sun here, the district attorney's office was compromised. you are paying yourself with these lavish vacations with your boyfriend. the judge, number 1, should the attorney general's office get involved? that's one option. there are less restrictive means

which judges lean on. one is create a compartment. everybody that dealt with miss willis and this tainted prosecutor needs to be excised from involvement in the case. the problem is this case was a grand jury indictment. that means the district attorney's office and her colleagues were the only advocates for the side encouraging the grand jury to return a true bill. to maintain due process, the judge will have a difficult time coming to a conclusion that violation of due process did not occur. >> trace: thank you. coming up the latest on the chief's fans that turned up dead

in a friend's back yard. the mother of one victim will join us live next. she is looking for answers, information. she is getting none. podcast host joe rogan reveals why he left california. something about going full communist. have you scene this rat hole in chicago? it's been there 20 years. it's gone viral. people are traveling to see it for themselves. one couple got married there. would you travel to see a hole in the ground shaped like a rat and hold an event there? is it really a rat hole? let us know. social media and x and instagram. it's 11:20 on the east coast. the trip across america.

roenoak virginia, next new orleans, the birth place of jazz. and phoenix, arizona, where it's downtown at an under ground bowling alley until 1950. set your dvr and watch us any time. we'll be right back with the woman of a kansas city thieve fan who froze to death. ns skin , and smooths fine lines, with visible results in just one week. sounds like you've said that before. once or twice. neutrogena® retinol ♪ vicks vapostick provides soothing, non-medicated vicks vapors. easy to apply for the whole family. vicks vapostick. and try vicks vaposhower for steamy vicks vapors.

(tony hawk) skating for over 45 years has taken a toll on my body. i take qunol turmeric because it helps with healthy joints and inflammation support. why qunol? it has superior absorption compared to regular turmeric. qunol. the brand i trust.

>> ♪ ♪ >> trace: more on the heart breaking and baffling story out of kansas city where 3 chiefs fans froze to death. the brother of one victim is offering insight. bill is back live. >> there have been all sorts of

questions about how jordan willis didn't notice his friends die. family members are speak out. one is the brother of ricky johnson one of the 3 kansas city chiefs fans frozen to death outside of the house willis rented and their bodies were not found until days later. >> i believe david was found in the lawn chair on the back porch rather than all 3 laying flat which definitely paints a picture we did not have from the beginning. it brings up some questions you would have. >> a source close to jordan willis is vouching for his character and telling fox news he is depressing. the country is accuse him of murdering his friends without any evidence but he lost 3 close

friends. a forensic pathologist gave a theory. >> it sounds like he slept for a long period time. may that all 4 took something that made them pass out. >> willis is a data scientists. he went to high school with the victims and reconnected them back home in kansas city 5 years ago. no one seems to be willing to wait for the results of the toxicology report or other facts from the police department from a case that is under investigation to make these speculations." the medical examiner said toxicology reports could come back in 3 weeks. there is no evidence of foul play right now. >> trace: thank you. ricky johnson's parents frank

and norma chester. our hearts go out to you. we are sorry for the loss of your son, ricky. one of the brothers of another victim is saying that he was found in a lounge chair. have you asked why one was in a chair and the others were not? have you gotten any information, n norma? >> we have nothing. we have so many questions they won't answer. why were his dogs at dad's house. when they did go there? he messaged his family telling them his friends froze to death. they are telling us nothing. >> trace: frank, feel free to jump in. how do they keep saying there is

no foul play when they have not gotten toxicology and haven't explained how they know there is no foul play? what is the answer? >> they have not even investigated him personally. have they gone through his phone or computer? they didn't do a search warrant. they say he gave them permission 5 days later after he cleaned his house out. no, it's not acceptable. >> nothing is making sense. they won't even tell us the actual time of death. we are pretty sure they won't know when. they classify it on the ninth two days later than anybody could get in touch with them. they asked us if he knew the pin code to a phone, we have heard nothing from them. >> trace: i don't understand. police were asked if drugs were involved. they just keep saying it's part

of the investigation. if you don't even know drugs were involved, how can you draw conclusions? that's what the country is think disploog that's what we would like to know. >> trace: frank, what do you think about not having toxicology? where do you think this is going? >> every time they pull somebody over they can find out if they are drinking or on drugs within 24 hours. this is taking 3 weeks? it's things like that, dragging it on and on. are they really doing anything or hoping for it to go away? >> trace: i am not pointing fingers at anybody. i don't know. i have no conclusions. do you believe from talking to the other families there might have been foul play here? >> i haven't talked to any other

family members. but i really do think there is foul play. >> trace: why you explain why you think that? >> because i know my son. his other 2 friends, what i read that the families have said, they are all responsible men. they have families. they didn't go over there to die. >> trace: frank, did you share that assessment? >> very much so. these are all big guys. they have all been partying for years. regardless of they are doing they didn't decide to go outside and pass out. none of it makes sense. >> trace: we keep asking the same questions. to us none of it makes sense. it's unusual how police are drawing conclusions. we would like to keep up with this and have you back on. contact us any time.

we are so sorry for the loss of your son. we hope you get answers very, very soon. thanks for coming on. >> thank you. >> thank you. >> trace: come up the host of ms ms msnbc joy reid caught on a hot mic. a nurse said she was fired for her christian beliefs. first hickory, north carolina. home to the speedway. the birth place of nascar stars. coming back. freedom, religion. put on the shelf like a porcelain doll. if you have postmenopausal osteoporosis and are at high risk for fracture, you can build new bone with evenity®. ask your doctor if you can do more than just slowing down bone loss with evenity®.

want stronger bones? then build new bone; evenity® can help in just 12 months. evenity® is proven to reduce spine fracture risk by 73%. evenity® can increase risk of heart attack, stroke, or death from a cardiovascular problem. do not take evenity® if you have low blood calcium, or are allergic to it. serious allergic reactions and low blood calcium have occurred. tell your doctor about jaw bone problems, as they have been reported with evenity®. or about pain in your hip, groin, or thigh, as unusual thigh bone fractures have occurred. don't let a break put you on a shelf. talk to your doctor about building new bone with evenity®!

>> ♪ ♪ >> trace: breaking news. a gruesome story out of pennsylvania. a pennsylvania man on youtube calling for a revolution and appearing to show what he said is his father's decapitated head. we are not showing you the

video. we are checking the facts. the looks to be connected to a suspicious death in bucks county, pennsylvania. sources telling fox 29 that police found a homicide victim beheaded inside his home and a suspect, the victim's 33-year-old son was taken into custody. this happened 2 hours away in central pennsylvania. we are double checking the facts and looking at the video. trying to verify this. we will bring you breaking updates as they come into fox news at night. >> ♪ ♪ >> i was 100% a left leaning person who lived in los angeles. i was 100%, i never voted republican my whole life.

california went nuts, man. fuel communist. -- full communist. it's out of its [bleep] mind. >> trace: joe rogan left california. he can't stand the state's approach to laughtincluding the no -- law enforcement including the no bail. mark cuban wrote on x i never hired anyone based on race, gender, religion. i only ever hired the person that will put my business in the best position to succeed. yes, race and gender can be part of that equation. as a rule race and sex can't be a plus factor, tie breaker or tipping point. cuban could have opened himself up to discrimination lawsuits.

>> congress needs to get it done. >> [bleep]. >> i want to apologize quickly. i was chatting during a clip that was playing. we try to keep this show p g-13. >> trace: msnbc joy reid had a big oops moment on live tv dropping the f-bomb. biden was talking about the border. unclear what she was referring to with him. fox news at night plays close attention to stories about rights and friday. a nurse in florida is suing cvs, she said the company avoided

prescribing contraceptives and then fired her. let's bring her and her lawyer on. cvs would not accommodate your religious accommodation. >> yes, thanks for showing interest in this important case. i am a nurse practicioner. i worked for minute clinic at cvs for 8 years. i was granted religion accommodate to prescribe any medications that cause abortions. cvs accommodated my religious beliefs. then sen years into by

employment, cvs changed their policy. they revoked all previous religious accommodations. that rendered me fired. >> trace: this was sudden. the second nurse practicioner to be fired. cvs said we can't comment. they said: did she suddenly pose this hardship to cvs? >> no, it's important to remember this all started in the summer of 2021. cvs announced this was a nationwide policy they were revoking all questions for

religious accommodations. they were not taking it on a case by case basis like they are required to. >> trace: do you feel like you were a burden on them suddenly after working so many years for cvs? >> no, not at all. they accommodated me. there was never any concern on their behalf. these patients seeking out these medications, maybe 7 to 10 cases a year. minor inconvenience. they used a co-worker or sent them to a cvs close by. we oxford out -- worked out

a good accommodation. >> trace: why the sudden change? >> i don't know. but this is a pattern with corporate america intolerant to religious beliefs. policies like this kick out anyone with religious beliefs with contraceptives. >> trace: will you continue fighting this to make this right? >> yes, absolutely. this is so important to me. it was so confusing when i was fired for my religious beliefs and not for my performance. we need clarity on this issue. big companies like cvs need to follow the law and respect our religious belief. >> trace: best of luck to you. thanks for coming on. we will check back in to see how

this is evolving. tonight's virals. camels and zebras. firefighters responded to the fire in the truck that was presenting them. none of the animals were hurt. in the u.k. a fire was visible for miles around. firefighters tried to contain it. the investigation continues. a hack for the perfect haircut. use a laser level. it went viral on social media. she had to remind her daughter to keep still. share viral videos with us. chicago's stone henge. is this whole shaped like a rat all that awesome? would you travel to see it? just to post a picture on social

media? would you get married there or put a shrine there like many people have? is it really a rat hole or did another animal flop in the wet concrete. night cap is next. honey... honey... dayquil severe honey. powerful cold and flu symptom relief with a honey-licious taste. dayquil honey, the honey-licious, daytime, coughing, aching, stuffy head, fever, power through your day, medicine. [ alarm ringing ] there they are! everybody get their banking done? let's go! drive! we got to go! someone's in a hurry. annnd doo-do-do-doooo-do! one mississippi. two mississippi. -can we go!? -yeah! faster! oh, no sirree. you see, i get discounts for my safe driving with snapshot from progressive. you should see my savings -- they're nuts. you told us he was a skilled wheelman. no, i'm a wheelman. it's a family name on my mother's side. -what? -irish.

here's why you should switch fo to duckduckgo on all your devie duckduckgo comes with a built-n engine like google, but it's pi

and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today.

>> back with the nightcap. tonight's topic, rodent reaction. a hole in the ground in chicago. have you seen this? shaped like a rat. americans are traveling across the country to see this. they're coming from everywhere. hosting events. one couple had their wedding. would you travel to visit a rat hole? you think it was a rat? that animal could be something other than a rat. we will talk about that. kevin corke, is that a rat? >> that is not a rat. if it is, i want nothing to do with it. >> dana: >> can you imagine? >> forget about it. >> is that a rat? would you go see it? two, is it a rat or something else? >> i'm going to give the rat the benefit of the doubt. listen, we're in a nation where hunter biden can make 1.5 million on his art. if people want to see the rat

hole, it's not the weirdest thing. >> and people are -- this was going back three days. 5 1/2 million views on instagram for the guy that discovered it. it's been there 20 years, vick. >> i think it's ridiculous. let me say that. doesn't look like a rat. looks like my 5-year-old threw something out of the window on the wet concrete to see what would happen. i have never seen a rat with that profile. >> maryann, that looks like a squirrel jumped out of a tree and landed there and scurried off. >> yeah, i can see that. i've heard frog. it could be a frog. i don't know. looks like a long tail. the squirrel, that sound like it could possibly have happened. so -- >> i don't know. no. >> that's a cat or something. >> bill melugin? >> did you see the zoom in on it's like hands or claws in the wet concrete? that is not a rat.

i think it's got to be a squirrel or something. there's no way it's a rat. >> when it hot the concrete, it did this, right? you can see the hands spread. that's the thing. that's what i think. would you travel? yes. 2% on instagram. 11%. everybody is going there. how about this, kathy? nope, i'm originally from chicago and have seen enough rat holes to last a lifetime. rachel says it could be a squirrel but it's iconic as a rat hole. kathy says it looks like a frog. caleb says it looks like a rat was placed when the asphalt was soft. nancy says first time hearing of it but i'm intrigued. thanks for joining the nightcap. i'll trace gallagher. see you tomorrow night in new york. with tremfya®, most people saw 90% clearer skin at 4 months...

...and the majority stayed clearer, at 5 years. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge as you. emerge tremfyant®. ask you doctor about tremfya®.

(fisher investments) in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our clients' portfolios for their long-term goals.

(other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money, only when your clients make more money? (fisher investments) yep. we do better when our clients do better. at fisher investments, we're clearly different. (♪) there's two things a young man wanna be - a cowboy or a gangster. and a gangster's outta style. i got back to my roots... we come from a long line of cowboys. my grandfather, my great-grandfather, my aunt even rode horses. when i see all of us out here on this ranch, i see how far our legacy can go. (♪) check every day, america reports, john roberts and mysel. eastern time. "the five" starts now. ♪ ♪ >> greg: hi, i'm greg gutfeld along with judge jeanine.