-no. -nuh-uh. ♪ yeah. oh. yes. ♪ oh yeah. yes. isn't this great? yeeaahhhh!! ♪ yeah, i could do a cartwheel in here. oh hey! would you like to join us? no. we would love to join you. ♪ ♪ >> greg: thanks to brian kilmeade, kennedy, list 0, timpf, our studios audience, fox news at night with dreamy trace gallagher is next. i love you america. i do. [cheers and applause] >> trace: good evening, 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. we have breaking news, but first we want to let you know that fox news at night has put together a wonderful tribute to toby keith,

great entertainer, great man, great patriot. we will have that for you later. but right now, two major developments in the battle over border security, the house voted not to impeach dhs secretary alejandro mayorkas and the senate border deal appears to be on life support. that measure was said to be dead on arrival in the house and now some gop senators are also skeptical about the package. the senior national correspondent rich edson has the information live for us in dc, good evening. >> reporter: good evening trace. republicans lose two major votes in the house, a chamber they control by a slim margin. house republicans failed to impeach homeland security secretary alejandro mayorkas after charging he's failed to secure the southern border. a handful of republicans broke with their party and democrats and sank the impeachment vote. republicans say they'll vote again when steve scalise returns from cancer treatment. minutes after that vote, the house also failed to pass a

$17.6 billion aid package for israel. democrats oppose it because, they say, it undermines the senate's comprehensive bill, which also has support for ukraine and border security. that senate bill also appears headed for defeat, after a cascade of senate republicans announced their opposition. >> i'm angry. i'm angry that the democrats want this human suffering to continue, and i'm angry at our own republican leadership for going along with it in a terrible bill. >> reporter: democrats arguing that in bipartisan negotiations they relented on years long calls from republicans to boost border security and curb the number of migrants released into the country, only to have former president trump oppose it and tank it. they maintain republicans are choosing politics over border security. >> before the ink was even dry, republican senators decided they don't want a bipartisan bill to fix the border. because what they actually want is chaos. because that's what donald trump

says he wants. >> reporter: hours after the bipartisan senate negotiators released their comprehensive bill, house speaker mike johnson said it was dead on arrival. now the future for any border bill or aid for is real or ukraine remains uncertain. traces. >> trace: very uncertain, rich edson live in dc, rich, thank you. ♪ >> trace: well, the fox news at night common sense department is not at all interested in debating the border bill. i mean, there's plenty of that going on in congress. but common sense does have a question. why are we pushing a multi billion dollars piece of legislation that might secure the border? why not just secure the border? you know, re-implement the remain in mexico policy and catch and release, and start building the wall again? these are all things president biden stopped and could start tomorrow. but why take executive action tomorrow when you can make executive statements today? like this, quoting, every day between now and november, the american

people are going to know that the only reason the border is not secure is donald trump and his maga republican friends. so, for three years we were told the border is secure. now it's not and it's trump's fault? common sense thinks that might be a tough sell because at last check a cbs poll found that 70% of voters disapprove of how the border is being handled. not trump's handling, mind you, biden's handling. then again, maybe this country wide chaos was unintentional. maybe we just misunderstood the marching orders issued by the border czar when she said, quote, it's time for us to do what we have been doing, and that time is every day. seems crystal clear to common sense. let's bring in fox news contribute tours nicole parker and jason chaffetz. thank you both for coming on. jason to you first, do you support the border bill and, if you do, why or why not. >> i do not. i think the process was totally

flawed. they didn't have the air -- you know, it's interesting all the criticism was, oh, these republicans are instantly opposed to it. well, why are these people instantly in favor of it. they hadn't read the bill either and to suggest that they need to have a piece of legislation in order to secure the border, weren't the first two years of the biden administration, didn't the democrats have the house and the senate and the presidency? yeah, they did and they didn't do anything about it. >> trace: we'll get back to politics with jason in a moment but first to the crime part of this, nicole parker thank you for joining us. the new york post says the migrants arrested in phoenix yesterday, quoting here, were not to be members of the crew who beat up two nypd cops in times square late last month. so they're still on the run, the ones who apparently beat up the cops, still on the run likely in california, nicole, and it's going to be very hard, we don't have much information on them to round them up in sanctuary world usa. >> it's going to be the extremely complicated. i think the easiest solution is how did they get in the country in the first place.

this is completely out of control. americans are outraged and exhausteded from this. as if we don't have enough problems already from the border, the violent crime issue in our country was already off the chain and now it's substantially going to be worse because of this migrant mayhem. you know, nypd officers were getting a beat down by individuals and then just flagrantly, you know, flipping off cameras and laughing and then escaping. no bail. monthly accountability. until there's consequences, nothing is going to change but until that border is closed, we are not safe. national security, violent crime, a fentanyl crisis, the list goes on and on and on. >> trace: yeah, no bail no accountability. we talked about the house, this whole border bill being kind of in peril jason. secretary mayorkas snuck out of impeachment as well. let as put this on the screen, the vote tally 214-216 outwade them. mike gallagher, tom mcclintock, ken buck and a man from your neck of the woods, blake moore, republican from utah all voted

no. your thoughts? >> i know all four of them very well, very disappoint ped. i think they're going to get strong primary challenges and they should. i think republicans should have focused more on, what happened to the 85,000 unaccompanied minors? the four, five, six, seven eight year old boys and girls that are unaccounted for released into the homeland. that should have i think led the argument but nevertheless, he should have been impeached. he should be fired, he has not done his job on. >> trace: i want to see if we have this video. do we have the video if not we don't have to show because it's kind of gruesome but the woman dragged by this migrant gang riding mopeds and she was dragged through the streets nicole and it was horrendous to watch and the thing i write this up for is police have identified this gang as committing at least 62 other crimes in new york city. they have built this crime gang, and it's just the beginning of these crime organizations from the migrants across the city. your final thoughts on this. across the country, i'm sorry. >> i mean, this is absolutely

abhorrent and i hate to say this but you can expect more to come because when you leave a border open for as long as they have you can expect more to come. these people have no respect for human life, they have no respect for american laws and they're just here getting away with this and therefore this will continue. the border has to be closed, americans feel hopeless, if you feel hopeless honestly it's on the top of the list of the ballot this year. if you feel hopeless your vote does count and go vote for who you think will make a difference. >> trace: i have about 30 seconds left jason if you want to fill this. i'm curious about congress, is congress the answer or is the answer enforcing the laws that we have? >> i think it's just enforcing the laws. donald trump was doing that, and these sheriffs and local law enforcement, these sanctuary cities, how come they have not denounced sanctuary cities and how come they have cashless bail. how do you beat a cop you're here illegally and out the next day? i mean only in america. that is un -- you can change that. >> trace: remember, the phoenix governor passed that law in 2010

that got rid of phoenix being a sanctuary city and that's why those people were arrested. might not have been the criminals they were looking for, that's why they were arrested in phoenix arizona. jason, nicole, thank you both >> meantime california's crime crisis now claiming its biggest victim yet. the city of oakland turning into a ghost town as businesses and professional sports alike head for the gates. bill melugin is live with that part of the story tonight. bill good evening. >> reporter: trace good evening to you the. last year violent crimes and felonies fell on america's biggest cities but in oakland they only went up. robberies up 38%, burglaries up 23%, motor vehicle theft up 44%. it's actually so bad that according to a san francisco chronicle analysis, rough 1 out of every 30 oakland residents had a car stolen last year. some oakland residents say they're just over it. >> i mean, i love oakland, i love my friends, but i think it's time to go move somewhere where i just feel safer and just

seems to be going downhill. >> reporter: and today california governor gavin newsom announced he is taking action on this deploying 120 california highway patrol officers to the oakland area to try and serve law enforcement and crack down on the growing crime but already many businesses, including in and out, denny's, and the city's professional sports teams, have already left or are leaving the city. >> nothing changes, people swing by, the police look at it, but nothing. you know, we need action. >> right now, oakland is challenged not only with safety but also challenged in terms of the blythe, the graffiti that i have never seen in oakland growing up to the level where it is today. >> reporter: and the businesses just keep taking hits, trader joe's now the latest chain in oakland to be warned of a new crime tend as cops out there telling customers at trader joe's to stay vigilant. >> trace: there's a sale on isle

three but keep your wallets safe and your head down. kind of amazing bill thank you >> founder of american gravy concepts chef andrew gruel chef i always have you next to me on chef, great to have you on, you're remote tonight. i want to get your take on this. here's the video an oakland pizza shop getting robbed. they fought back, we can put this on the screen. they kept fighting, they fought back but the owner says, this is disturbing and she is clearly distraught. listen to her. >> just unbelievable. they have the courage to do this, to fight against them t a immigrant, as a mexican this is my american dream, but what is going -- like i believe it's going to the trash now. >> trace: yeah it really is kind of crazy chef and i'm wondering, you're a business owner in california, if you were in oakland, would gavin newsom bringing in the california highway patrol make you want to open a business in oakland?

would it give you the security you need? >> oh, heck no. i mean right it's about the vertical integration. beyond the police officers you also have to have the district attorneys and a core system willing to prosecutor these criminals and what we've already seen, especially in the grand legislation here in california is that they turn a blind eye to crime. it's probably too little too late. you can't put the genie back in the bottle and we've seen this spill into so many different communities including suburbia not just oakland that it's making all business owners want to, you know, think about moving out of the state. >> reporter: yeah. this headline in the daily mail caught my attention, it says, quoting here, trader joe's shoppers, bill melugin touched on this a little, trader joe shoppers are warned to stay vigilant as authorities in the san francisco bay area struggle to contain soaring crime. thieves are snatching wallets from unattended shopping carts and open purses while customers shop. it really is, it is kind of depressing when you think that trader joe's is warning people, listen, we appreciate you being here, but you've got to be careful. >> yeah, i mean, leading up to

this the only crime i thought associated with trader joe's was their chocolate hum as but i guess things have gotten a lot worse now. but at the end of the day, this is an easy problem to solve, my 3-year-old could solve this it's simple. just like business there's always a set of controls and systems that need to be followed in order for order to exist. the same rubric can apply to the government and to communities, you've got to follow the laws, you've got to enforce the laws and then every single step along the way needs to be followed in the sense that there's consequences for bad actions. >> trace: yeah it's interesting because the safe way grocery stores in dc now have security gates. security gates to get out, chef. this, and you've got to by the way show your receiptment it says, quoting here, it was quite odd, i actually crumpled my receipt to put it in my pocket, so i tried to put it back and they wouldn't let me scan so the woman had to come help me put it in. i was -- i've never seen that before. he's kind of frustrated talking

about the fact that i have to show my receipt to get out and get it scanned so we can check every item we have. unbelievable. >> feels like a dystopian nightmare right this is something i could have never imagined in creative writing when i was in third grade and now we're living in that nightmare. instead of fixing it, like i said, we're putting more laws on more laws that we don't even know if they're going to be followed and it's pushed down onto the businesses that now have to actually police the local communities. it shouldn't be this way and something's got to change. >> trace: yeah. free reign for the criminals and a lot of pressure put on the people who are actually the customers. chef great to have you on as always, thank you sir >> meantime nevada held the first in the west primaries today but former president trump was not on the republican ballot although he is expected to receive all of the state's delegates in the gop caucuses on thursday. anita vogel is live on something that doesn't seem to be much of a contest good evening.

>> good evening trace the first time nevada is holding presidential primary in addition to the cause cusses and op the gop side just one contest will count and that's only where the confusion begins. take a look at this republican ballot. nevada election officials say it has created distrust among voters who received it in the mail because it doesn't include the name donald trump. nikki haley ran in today's primary but it doesn't count. she won't get any delegates towards the gop nomination because the republican state party of nevada doesn't recognize the primary. meanwhile donald trump will run in thursday's nevada caucuses which will count. now here's what happened. just a few years ago, in 2021, nevada state legislature decided to move away from the caucus system to a primary system run by the state. but that was opposed by the nevada republican party which says it will only award delegates won in the caucus that it runs. >> we have not spent a dime nor

an ounce of energy on nevada. we made the decision early on that we were not going to pay $55,000 to a trump entity that, you know, to participate in a process that was rigged for trump. >> reporter: state gop officials say if haley had participatedd in the caucus, she could have still picked up one or two delegates because nevada is a proportional state. and, finally, adding to the confusion, nevada has historically given voters the option of selecting a category called none of these candidates and tonight many gop voters in the state likely will choose that option in the radio you marry. while it is also likely a clear win for joe biden, a number of democrats could indicate they don't like any of their options either. so trace, go figure. >> trace: yes, kind of tough to lose to none of the above. anita vogel live for us in new york, anita thank you. let's bring in political analyst tezlyn figaro and victory vice-president matt gorman. great to have you both on here. matt to you first, a member of

the nevada rnc thinks that by nikki haley not really playing ball in nevada she might have hurt her campaign a little. watch this. >> she's kind of kicking herself in the butt for not engaging in the caucus, because nevada's a proportional state and she could have picked up one, two delegates, maybe even more. >> trace: matt two delegates, you leave them on the table? >> it's a risk. this whole thing's unfortunate because it sews distrust and confusion amount primary voters right because in a lot of respects the caucus had, know, trump people who were very much going to win that and kind of control that process, the primary if he's not on the ballot. completely unfortunate but it delays the inevitable right. we're looking at south carolina now where she has a 1 on 1 versus trump fair and square, her home state, she has an advantage, she's down 25 points in the latest poll. she can't lose by 25 in a couple weeks. >> trace: listen i can go you one better matt because we are a

going to put up that south carolina poll right now. this is, boy, the monmouth poll. look at the numbers here. this is now trump 58, haley 18, right? or trump 46, haley 18? no, 58, right? so he's up by an incredible amount, and it really shows you that -- i mean, it's kind of embarrassing tezlyn to be in your home state to be polling this poorly. >> you know, i've seen it happen many many times even on the democrats side. and just to your point it was also confusing on the democrat side with new hampshire, remember they also had an election that really wasn't an election because joe biden wasn't on the ballot as well. so this entire season has just been confusing for most folks. but i don't think it would have been wise for her to really play in nevada. for what? pen intended, play in nevada las vegas but why risk that money number one if you don't have it struggling for fund raising and you're not going to get a

return. her real contest is at home and to your point if she doesn't do well it says a lot about her home state. most candidates drop out if they don't know they're going to do well in their home state but she's moving forward i guess depending how it's going to land for her. >> trace: howie kurtz says this about president biden not participating in a super bowl interview this year. watch. >> it is incomprehensible to me that he gets a blowout jobs report number. does he go on television and tout his economic program? no. the super bowl that you mentioned, second year in a row, it's with cbs this time. what he's afraid of norah o'donnell or scott pelley, he can't handle it? i just don't understand. that's usually a pretty easy interview. >> trace: i mean, an election year, matt, 160 million people. it's a lot to turn down right. >> yeah, 160 million people doesn't make sense. his staff are keeping him sheller they want to choice ter

him away but look he's running to the united states and he has to get out there. trump was everywhere in 2015, 2016. people forget that he has to get out there between now and november, has to. >> trace: he does. and i want to play this sound bite because maybe this is why he doesn't want to get out there, tezlyn. watch. >> right after i was elected, i went to what they call a g-7 meeting, all the nato leaders. i was in, i was in the south of england. and i sat down and i said, america's back. and later on from germany, i mean, from france looked at me and said, said, you know, why -- how long are you back for? >> trace: he finally got it right, francois is from france but has been dead for 28 years tesla. >> let me say this. i'm an independent but i i run a communications firm and there is no way i would not want a client to speak in front of 160 million

people when you look at the numbers he literally can't go anywhere but up. the polls are so low you can't go nothing but up. even if you get five thousand to like the message ten thousand at best you need every last one and i don't understand why you wouldn't take the opportunity to speak. i know their position is, it is a going to turn people off, people just want to watch football. people are already turned off so the only chance you have is again a betting chance in nevada to see if you can turn some people on and talk about the great thing they're bringing to the table. makes no sense to me on the communications side but democrats are terrible at messaging. >> trace: thank you both. coming up, should parents be charged for crimes committed by their children? it happened to one michigan mom in a landmark case. what this means for parents and parenting going forward and a special fox news at night to patriot and country music legend, toby ♪ ♪ ♪

♪ ♪ ♪ . >> trace: and later in the nightcap, toby keith was a true american patriot, played in several uso tours, helped raise millions for charity and performed at events for multiple u.s. presidents. so tonight we want to know your favorite toby keith song. let us know, x and instagram at trace gallagher. we will read the best responses and talk about it in the nightcap. coming up. stay with with us. ♪ (vo) antarctica... you have to experience it to truly appreciate the beauty, the wildlife, the sheer majesty. experience it with state-of-the-art expedition equipment and hands-on scientific research activities, all in exceptional viking comfort. we invite you to discover the world's seventh continent: antarctica. viking. exploring the world in comfort.

♪ >> trace: breaking tonight, we are learning new information about the panel blowout aboard that january 5th alaska airlines flight. the national transportation safety boards initials findings say the bolts that helped secure the panel to the frame of the

being 737 max nine were missing before the plane too far took off from portland oregon. the ntsb did not give a probable cause of the incident that will likely come at the end of the investigation which, if you know the ntsb and their history, could be somewhere close to a year down the road. meantime, a landmark ruling in a michigan courtroom that could change the course of parenting. the mother of a teen-ager who killed four students at oxford high school back in 2021 has now been convicted of not doing enough to prevent her son from conducting the mass shooting. bill melugin back live with the details on this, really was a precedent setting case bill. >> reporter: absolutely historic. these parents are the first parents in u.s. history to stand trial for a mass school shooting committed by their son. today jennifer crumbly the mom of oxford high school shooter ethan crumbly was found guilty on four counts of involuntary manslaughter in this historic trial. this was the moment the verdict was read. >> we find the defendant guilty of involuntary manslaughter.

>> reporter: she and her husband james were charged in connection with the shooting that left four students dead and seven others injured in november of 2021. the four counts crumbly was convicted on represented one count for each student her son ethan murdered during the school shooting. seven others were also hurt in the attack carried out by then -- the then 15-year-old sophomore who is now serving a life sentence. his parents accused of buying him the gun he used to carry out the shooting and also ignoring his mental illness while the defense argued there was no way for jennifer crumbly to know what would happen. one of the victim's parents had this to say. >> what would you say to jennifer crumbly right now if you could say anything to her. >> you wouldn't have had to go through any of this if you had just done your job as a parent. >> reporter: and trace, jennifer crumbly's conviction setting a precedent here in america as the first time the parent of a school shooter has been found criminally liable for their child's actions. she will be sentenced in april while her husband is going to go

to trial for the exact same charges in the month of march. >> trace: really is a stunning verdict but we're going to talk about it right now bill thank you. let's bring in criminal defense attorney and federal litigator vik bajaj along with psychiatrist dr. yalda safai. fascinating. i want to put this up because we are mark earlier today on fox and he said this vik i want to see if you agree or disagree. >> it's not the aren't pa's school, it's the school's school and they allowed him to return to the class. so obviously they didn't share the same concerns that the jury apparently thought the parents should have had. >> trace: so he's saying if the school is not being held libel, why should the parents bee held libel? do you agree with the decision or not vik. >> absolutely not. the criminal offenses in every state in the union require a union between the state of mind, what a person is thinking, and the act, what they do. a general liability couched in those terms is fatal.

it will not hold water because there's no union of a mental state of mind which further the crime. in direct comparison with an individual who knows or should have known of a specific danger but takes no action to prevent it. it's apples and oranges trace. >> trace: really is amazing which brings us to yalda safai talking about the mental capacity. jonathan turley made this point today, dr. safai, and i'll get your take. >> quite frankly it's troubling. you know, there are millions of families across this country that have children with emotional problems, and what was being declared here is that this mother had a reasonably foreseeable situation that her son would become a serial killer, would take off on a massacre. >> trace: so what they're saying dr. safai is kids with emotional problems parents have to be able to foresee their troubles down the road. you deal with this all the time.

is that possible? >> that's not accurate. you know, we can't predict the future. however, in this particular, trace, listen -- in this particular case, this child was exhibiting signs of mental illness. instead of getting that child into treatment the mother chose to put a gun in the child's hands. this should be a cautionary tale for all parents going forward. if your kid is dealing, showing signs of mental illness it's not something you can ignore and look the other way. you need to get them into treatment. however you obviously cannot predict how a person's goings to behave. >> trace: yeah. and then i want to go on because this is the prosecutor, right, talking to mrs. crumbly. watch. >> despite what you have called yourself as a vigilant parent and a helicopter mom you never decided, at least in november of 2021 to look at his phone. >> no. >> no, okay. >> trace: so what they're saying do you have to be able to look through your child's phone, vik? can you? are you obligated to look through your kid's phone to make

sure they're not doing anything nefarious. >> some states, primarily wisconsin as the traditional example, has a crime of a felony. when you know of a crime but you don't take an action to prevent it as well as in the federal jurisdiction. no, you don't have to go through your child's cell phone and i'm sure no one would appreciate that in the household. however, trace, to be frank about it, you have an obligation to have common sense. >> trace: yep. >> and the problem here is that, when your son is evidencing signs of wanting to hurt other people, and having a firearm in their possession and, frankly, the testimony of the defendant mother in this case was so aloof and so careless it's hard to imagine she really cared at the time the shooting took place and she reiterated that with her testimony on the stand in front of the jury and judge. >> trace: meantime jeffrey schwartz former criminal defense attorney and law professor said the following. my personal opinion in this

scenario now parents are going to have to worry about everything in their home that could be used as a weapon that they're going to have keep away from their kids even into when they become teen-agers. it's a fair worry, doctor safai, because now you're, as a doctor saying you can't have a baseball bat around, you can't have this. what do you make of that argument? >> i know, this case sets a strange precedence and it's a slippery slope. i get it. i don't think so though i think if your child is exhibiting signs of mental illness maybe you should be on alert but this is not the case of every teen-ager right? i would say to parents if you see sudden changes in your child's behavior, notice irritability anything out of the usual you want to be more cautious, more vigilant, that's all. but no need to panic. >> trace: yeah. dr. yalda safai, vik bajaj, good to see you both. thank you. and coming up, the white house now being accused of putting pressure on another tech giant. this time asking amazon to take some books off their virtual

shelves. another attempt at censoring free speech? we'll check it out. and still ahead, a special tribute to toby keith that you do not want to miss. ♪ ♪ ♪ ♪ ♪ >> trace: we will pay tribute to the life and legacy of this proud american on fox news at night coming up next. skyrizi is the first il-23 inhibitor that can deliver remission and visibly improve damage of the intestinal lining. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. control of crohn's means everything to me. ask your gastroenterologist about skyrizi. ♪ control is everything to me ♪

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♪ >> trace: new accusations tonight that the biden administration pressured amazon to pull certain books off the market. house judiciary committee chair jim jordan released internal e-mails between amazon and the white house dating back to 2021 where the administration expresses concern over, quoting, high levels of propaganda and misinformation related to books

dealing with the covid vaccine. the company finally slapped a do not promote tag on anti-vaxx books. let's bring in the co-author of stolen youth bethany mandel. the daily signal writes amazon yielded to pressure from president's joe biden white house to suppress books that oppose covid-19 vaccines. we just told you how judiciary has those e-mails. it's scary. they keep talking about assaulting democracy and how it's coming from the right. this is the very definition of that bethany. your thoughts. >> yeah, absolutely. when i was co-writing my book stolen youth with my friend carol mark witnesses, my co-thor, we approached so many different publics with our idea and there's some controversial stuff in it about transgenderism in children and they told us explicitly we're frayed if we commission this book and we bring it to market, that will will be no market, there will be no store fronts to sell it in. and if you look up ryan

anderson's when harry became sally, if you look that up on amazon, it's not on amazon. so they're barking up the right tree because amazon has already been censoring books and there's a lot of fear among conservative publishers that they're going to keep on doing it. >> trace: can you imagine having one side of the aisle be able to publish books? is really is, you talk about unfair and you wonder why that people are voting for trump in droves and want him because they really do believe they're the next ones that are about to get screwed by the system. >> no, that's absolutely right. i mean we all see there's a thumb on the scale and we're scared. we're scared of getting on the wrong side of these tech companies. you see people that are getting cancelled and being cancelled isn't just, you know, people are saying mean things about you on twitter. that's something that happens to me very frequently. but being cancelled in the case of big tech is, you don't have a livelihood. you don't have a paypal account. you don't have the ability to fund raise on gofundme.

there are some people that have completely disappeared from big tech, from twitter, from facebook, because they've landed on the wrong side of the narrative. >> trace: yeah, the fight has to go on. the administration says they were looking out for public health and safety. they were shutting down decent bethany i have 30 seconds for you. >> at frustrating because we should have had an open, free debate about this new technology and a lot of people were very distrustful because instead of having an open conversation this he shut down conversation. that doesn't make people trust you. >> trace: and they lied about the vaccine. they said it stops you from getting it, stops you from spreading it, it was not true. bethany mandel great to have you on as always thank you. meantime the fox corporation is partnering with espn and warner brothers discovery in a sports streaming venture it will have content with networks aired by the companies. a new stand alone at built from the grand up is expected to launch this fall.

meantime fans across the world now mourning the passing of country music star and big time military supporter all around great guy toby keith. his death was announced today and because tony keith was a great patriot and a great man fox news at night thought it was important to pay tribute to remember his lasting impact. ♪ ♪ i love i love ♪ ♪ >> poor boy and i was working hard every week just to pay my bills. ♪ ♪ in the whole wide world is raining down on you ♪ snow brought to you courtesy of the red, white and blue. >> i think it's cool that i have jesus christ in my life. and i think it's cool that we

can get together here tonight and live in a free and live in a free and live in a free ♪ ♪ >> for every bad guy there is there's a whole lot of real good people here that appreciate the support they're getting. >> i think what he's doing for the troops is great, fantastic guy. definitely loves america. >> i became a fan because he's patriotic and sings about the truth. >> and whether you're for the war or against it or whatever, you should support these troops because they're doing a hell of a job. >> got the red, white and blue flying high ♪ semper fi ♪ ♪ ♪ ♪ ♪ he won't buy nothing he can't fix ♪ with w d-40 ♪ he's just made in america. >> i don't do award shows very

often. they're all organizations and politically -- you've got to go kiss everybody's rear and all that. >> he accomplished something pretty extraordinary that a lot of people don't accomplish and that is he created things that will live longer than he did. they'll go on forever, just like you said, these songs are classics. ♪ how do you like me on ♪ now that i'm on my ♪ ♪ ♪ you think i'm crazy standing here today ♪ ♪ doesn't make you love me ♪ but i found ♪ living in your radio, how do you like me ♪ ♪ >> i lean on my faith and i just pray and just, you know, just lean into it ♪ ♪ look out your window and smile ♪ but don't let the old man in ♪ >> i don't know how people do it without faith, but that's what i did. it was my rock. the all

the all the all ♪ ♪ ♪ american ♪ american soldier ♪ ♪ ♪ >> trace: they are right, toby keith and his music will go on forever. he will be missed, but, as we said, the music will live on. you also clearly must have a favorite song from the music legend and we want to know for the nightcap what it is. still time to weigh in. x and instagram. the nightcap crew, toby keith version, next. (avo) kate made progress with her mental health... ...but her medication caused unintentional movements in her face, hands, and feet called tardive dyskinesia, or td. so her doctor prescribed austedo xr— a once-daily td treatment for adults.

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[ice clinks] ♪ >> trace: back with the nightcap crew, rich edson, ar neat a vogel, rich edson, vik bajaj, bethany mandel. tonight's topic, made in watch. ♪ ♪ he's just made in america ♪ ♪ born in a high

born in a high ♪ ♪ >> trace: toby keith, an american patriot who played in 18 uso tours for troops helped raise millions for charities and performed at events for multiple u.s. presidents. tonight we want to know what is your favorite song by toby keith. let's start with bill melugin on this. >> courtesy of the red white and be, has to be. i think it came out when i was in college, i remember the first time i heard it. i love the patriotic stuff how can't you. >> trace: vik bajaj. >> so much to love but one song i come around to 1999 2000 how do you like me now and anyone who works hard and puts their nose to the ground likes to come out of the other end of the tunnel and say you know what i can do it and a whole lot more. >> trace: love it. anita vogel. >> i love his patriotic songs of course but one that made me laugh was from 2003 the taliban song, remember that? patriotic in its own way and funny and no one could sing it

like him. >> trace: rich edson. >> beer for my horses all the essential elements of a great country song, beer, horses and willie nelson. >> trace: can't beat that. bethany mandel? >> so i was just talking to my favorite camera operator jc and he was telling me how, courtesy of the red white and blue played when his dad came home from afghanistan after an 18-month deployment so that is now my toby keith song thanks to him. >> trace: love it. dr. yalda safai. >> for me, it's if i didn't know now. it's a little bit sad but absolutely beautiful. >> trace: yeah. for me it's the don't let the old man in. he wrote it for clint eastwood. they were playing golf he said clint what are you doing for my birthday. he said i'm going to direct a movie. -said you're 88. clint said don't let the old man in. our instagram followers katherine dee i should have been a cowboy sang it every day on my way home from work. courtesy of the red white and

blew seems to be popular. leslie wall i want to talk about me always makes me laugh. hard to choose just one. jonathan milton says does that blue moon ever shine on you i had forgotten about that. nicely done. james, he's got great taste. don't let the old man in. and michael says the red solo cup. this was nice. very nice tribute to toby keith. he was 62 years old when he passed away and thank you all. bethany, yalda, vik anita and bill melugin and rich edson thank you for watching america's late news fox news at night. i'm trace gallagher in los angeles, we'll see you back here tomorrow night. ♪ in studies, the majority of people reached an a1c under 7 and maintained it. i'm under 7. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease.

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♪ >> greg: hi i'm greg gutfeld along with judge jeanine pirro, harold ford jr. jesse watters and she roller blades on a coffee table, dana perino, "the five" ♪