[cheers and applause] >> greg: i love you, america. >> trace: good evening i'm trace gallagher. it's 11:00 on the east coast and 8:00 on the west coast. this is fox news late night. we have exclusive fox news showing another attack by illegal migrants.

this time it's a new york homeowner. the beating happened after he they stole anis rayly flag from his yard. nikki haley is about to make her first appearance talking beyond if there is a beyond. we begin with brand new allegations showing you are not just paranoid. the biden administration appears to be targeting conservatives. kevin cork is live in dc with more. >> good evening, trace. we begin to investigate. those are the words of secretary janice yellen. about whether the treasury department ...

to filter customer transactions by using terms like mag a and trump as part of an investigation into the protest at the capitol january 6th. warning that religious text could implicate extremism. officials suggested banks query transactions with key words like dick's sporting good, cabella and bass pro shops and more. >> as treasury including federal banking agencies like the fed, occ instructed financial institutions to search americans legal transactions in attempts to survey their purchases. >> we received a letter from

you, i believe, on this topic. we intend to investigate fully and to respond. >> this as house judiciary chair jim jordan released a strove of documents showing amazon censored content after feeling pressure by the biden administration. the administration named a top white house aid for the newly established ai safety institute at the national institute for standards and technology. critics, trace, say this is another vailed effort by the administration to shape and perhaps sensor ai information. >> trace: we will talk about that. kevin corke live for us in dc. thank you, kevin. well the fox news at night

common sense department remembers in jan president biden began his campaign by labeling trump supporters as extremists. low and be hold days later federal investigators asked banks to search and filter for extremist red flags and look for inflammatory words like trump and mag afplt e-mails to the fed told banks to pay close attention to anyone buying religious material like a bible or has extremist views. if you shop at dick's sporting goods, cabella, or bass pro shop you may want to lawyer up. nothing says danger like dick's. they're concerned about anyone taking a plane, bus or rental car to an area with no apparent

purpose. today janet yellen was asked about surveying. she side stepped. we admitted there was concern around here. last sunday common sense went to church and then to dick's in a rental car. you know there will be trouble if you hear about the feds putting out a apb on a home grown violent wearing tennis shoes. let's bring in california gop and medical board. this is very serious. we have fun with common sense. it's serious. talking about one side of the isle targeting the other side. >> right. we're lau laughing and smiling, you're funny. this is serious. i know what it's living to be put under surveillance by your government and lawyers.

unfortunately roxanne does too. that happened to us when we filed a suit against the government. lawyers tracked down roxanne's home address, children, put my photo's of my children in and tweets. you are looking to enforce your constitutional rights. >> trace: yes, bibles, rental cars, dick's sporting goods. going after peoples records is assaulting dedemocracy. >> i want to c confess, i bought an american flag. and common sense mug. >> trace: everyone should have a common sense mug. >> i was born a british subject. i'm now an american citizen. the thing i love more than anything is our freedom of

speech. our government doesn't care so much about that. >> trace: the new york post write this is for you, doctor. amazon censored covid 19 books after the biden administration -- sighting concerns the material contained propaganda and misinformation. they banned the books. they didn't want decent. we know t doctor. >> it's shocking, trace. this destroyed their credibility and made people to make medical decisions that there was not another side. i don't see information that vaccines are not as effective or i don't need it or my 6 month does not need it. so i will get it. they deleted any sense that there will be another side to it even doctors began to tell other

doctors. including me. you haven't heard anything that says that. why do you believe that. i think it's crazy. even i started to question myself. >> trace: a lot of people said the same thing. you talk to jay, you said hey maybe we needed to look back on this. everybody knocked you down. we now know they knocked you down because they didn't agree with the narrative. julie, the new york post writes the following, twitter censorship could be possible on a industrial scale don't you know thanks to ai tools. the report reveals the biden administration spending millions on artificial for anti-misinformation tools to be passed onto social media giant. you just give them the tools. >> this is terrifying. it's 1984 i don't know what to say at this point. i'm hoping with cases like murphy v. missouri we will open

peoples eyes to what is going on and the level of censorship. hopefully we will get a good decision from the united states supreme court to influence things like this terrifying ai prospect. >> trace: the whole thing is based here they believe the public can't tell the difference between fact and fiction. we will tell what you you need to believe and think. >> i am pret ire sure it was said the only cure for information is more information. what we saw in our case against la public health, bureaucrats, the first amendment is a speed bump on the way to ruling all of us. >> trace: don conformity is the enemy of science. we talk about ai. we talk about banning on-line books. it's unchartered territory and we haven't heard a lot about. especially when it's used against certain politics. >> when the politics leads into health that's when people get

truly harmed. that's my real concern who defines what is true and not in the medical world. even doctors debate among themselves. we need the open debate. we need people to say you're a little wrong, a lot wrong, let me show you why. without that doctors get it wrong, patiences get it wraopbg and are harmed and today. that happened during the pandemic. it goes into the political system, healthcare and our lives, how we live them. >> trace: yes. thank you all. new polling spells new trouble for president biden and the democratic party. democrats long time advantage with hispanic and black populations is eroding quickly. christina coleman is live with new numbers. good evening. >> eroding quickly. in 2020 biden won 90% of the black vote to trump's 8%.

this is according to the fox news vote ear signal sis. flash forward four years later there are deeply trouble science for president biden with the usually reliable democratic voting blocks. democrats lead over republicans, party preference slinking over 20% the last three years. according to gallop the 47 point lead is the smallest in 25 years. democrats see their lowest support of hispanic voters in two decades with a 12 point edge. it should be concerning for democrats. some of the congressional democrats we talk to don't seem that concerned. >> well f that's true it maybe true today. i don't think it will be true on, in november of this year. >> we will have to see. meanwhile recent polling shows the president loses significant report from young and arab

americans. prompting the white house to ramp up their outreach. tomorrow traveling to michigan with a high population of arab voters. new tonight, democrat marion williamson has announced in a social media video she's suspending her presidential campaign. trace. >> trace: thank you. let's bring in tonight's special guest, republican candidate nikki haley. great to have you on the show. you say you were not focused on nevada and trump had it rigged. if you look at the numbers you lost by about 30 to no one tphufplt it to do over, ambassador, would you put more time into nevada and take away delegates. >> not at all. we were told several months what a scam it was. you have people under indictment at the gop working with trump to

get this tkufpblt they worked towards the primary. we knew it was rigged. we didn't put a dollar or a day into it. this was totally expected. there was nothing we were surprised about. you can look there are press stories written about it for quite awhile. our focus is on south carolina, michigan, super tuesday. that's our agenda. >> trace: you mentioned south carolina. let's look at the numbers in south carolina. the rcp average has you down by roughly 30 going into your home state. if you indeed, ambassador, lose by 30 points are you done, do you go on? what's the strategy. >> you know, trace we started with fourteen candidates. i have out done and defeated a dozen of them. i have one left. we had two percent in washington. we got to 20%. we got to 43% in new hampshire. we moved 25 points in the last three weeks in new hampshire. we are going to go as hard as we can and make sure we touch every

spot of south carolina and touch every person. they know i was a good governor. we are showing them i can be a good president well. will work hard and hope to have a good day. going onto michigan and super tuesday. we're not stopping. >> trace: a lot of political analysts are skeptical. this is a quote. nikki haley lost by 11 to trump. nikki haley lost by 30 to no one. she is losing her home state by 27. how does she go on? some people say it's a fare question. what is the plan. you say you're down to just you and trump. that is true. what's the plan to go forward? do you have the money? do you have the acted to make a miraculous comeback? >> well, that's where they're wrong. look at the messaging. trump as the republican incumbent didn't get 43% of the vote in new hampshire. that's not small. you look at the general election

polls trump is down in every poll. down 7, down 9. his best day it's margin of error. we had a marquette poll in wisconsin i defeat biden by 15%. wallstreet journal i defeat biden by 17%. this is the fact, we will have a female president of the united states. it will be me or kamala harris. i voted for trump twice. i was proud to serve in his administration. chaos follows him, trace. we can't be a country in disarray and on fire. we can't survive it he can't win a general election. that's a fact. we lost in 2018, 2020, 2022. look what happened yesterday. he lost his case on immunity. he has a year worth of court cases yet. the republicans couldn't get a border situation done. they couldn't impeach skred

myorkas. couldn't pass a pro israel bill. the rnc is imploding. it all has trump's fingerprints on it it's chaos and we lose. how many more times do we have to lose before we realize that is the problem. >> trace: ambassador, thank you for your time. we appreciate you persevering through the traffic to get to us. thank you. let's bring in sara bedford and tw shannon. thank you for coming on. we appreciate it. sara, to you first. nikki haley says she's going beyond south carolina. even if she is trounced in south carolina. do you buy that? >> well, i'm not sure what her rational is for continuing past south carolina. at first it seems the rational for nikki haley is if it's a two-man race between her and donald trump. if the other republicans drop out she could consolidate the

non trump vote and she could surpass the 50% threshold to clinch the nomination. that's not happening. the non trump vote is not behind her. when ron desantos and chris christie dropped out the votes went to donald trump. the other rational is that she was more electable in a general election then donald trump. poles are not bearing that out. he appears to be electable against joe biden. >> trace: trump, bad night for nikki haley losing by 30 points to none candidates. she did not claim victory. she claimed the system was rigged in nevada. what do you think? >> it would be tough to claim victory after losing to that particular group. think nikki's strategy is transparent. her goal is to be the candidate standing if donald trump is

convicted. >> if he's convicted what happens then. the question is will her donors maintain the support after super tuesday after what looks to be a crushing defeat in her own home state. i guess it's a fare strategy if you like that. when she has not been able to do is convince republican primary voters she's an alternative to donald trump even poles show she maybe stronger in the general. people are concerned about her appeal to the base of the republican party. >> trace: speak ing about convincing voters. we talked about black and hispanic voters lean ago way from the democratic party. i want to put this up. you see 1999, 65%. 2023 that's a significant drop. sarah, what do you think of that?

temporary or does it last until november? >> think it's a reflective of a broader political realignment we have seen since trump was on the national stage. think you see the electorate is splitting across class lines, aou cation lines rather than the identity political sign that defines the electorate. donald trump is attracting support from the working class. who have lower education. that has scrambled politics for the democratic party. they don't have an iron grip. donald trump is appealing to these groups that others have not. >> you know, trace, i couldn't of said it better. it looks like a complete realignment. the republican party is the party of the working class and democrats are the elite. you look at taylor swift she

will endorse biden from her plane and calling on others to ride bicycles to get to work this. is about security, national security, border security, financial security, and personal security. the democrats and joe biden failed on all of those issues. the voters won't forget that. black americans, hispanic americans are hurting like every other american. maybe they're hurting worst. the people crossing our border they're not buying homes in martha vineyard. >> trace: i have to go. joe biden not doing the super bowl interview, baffled by that, sara. >> think it's another example of the basement strategy of 2020, keep him hidden away. see what happens. >> trace: tw. >> the fewer people that hear from joe biden the better he does. that's for sure. >> trace: thank you both for coming on. we appreciate it up next brand new video.

a homeowner on long island was assaulted because of his support for israel. an illegal immigrant faces hate crime charges and gina carano suing disney. and honoring the patriot and country music legend, tobey keith who never forgot his humble roots and s. was known for his terrific worth ethic. >> when i was in nashville they came and got me in oklahoma. i was a poor boy paying my bills. i never pulled my head off the grind stone. i release an album every year, i have to back off but i haven't yet. >> trace: we asked but your favorite tobey keith song. wwe have your top three. top three songs in any order let

us know. x and instagram at trace gallagher. we will read your answers in the night cap. fox news at night, trip across america. live look at san francisco. did you know the popsicle was invented there in 1905? a 11-year-old left a drink outside with a stirring stick in it. tennessee president nixon performed "god bless america" on the piano at the grand ole opry. and caramel, home to 150 roundabouts more than any other city in the u.s. we will be right back.

>> trace: breaking news tonight.

police say in new york a pro palestinian immigrant was caught on tape. when he was confronted police say he assaulted the homeowner. punched him in the face, choke hold and head butted him. police arrested the 26-year-old claiming he's from north africa and allegedly crossed the border through arizona in november. the suspect has been staying in a migrant shelter on staten island. we have information to the extent u.s. tax payers are sub subsidizing a migrant crime process in cities such as new york city. >> we are getting a new crazy headline out of new york city regarding the migrant crisis there especially involving crime. today is no different. take a look. this is 32-year-old maria menora

from venezuela arrested eight times in the last six months. that's not all she's living at the rowe hotel in times square with a 500-dollar per night price tag to tax payers. the tax payers are paying that amount for over 1300 rooms given to illegal immigrant there. she was busted last week for snatching an. >> i phone on a train. instead of being locked up par for the course the judge released her. four illegal immigrants arrested by ice agents in phoenix ended up not being suspects. the manhattan da office tells fox the four men fleeing the state are at large and vigorously pursued this evening. those sources tell fox news there have been over one million migrant encounters at the border since october 1st when fiscal

year 2024 first began. that's the fastest the u.s. has hit that milestone. last year we were at just over 909,000 encounters. >> the numbers are staggering. we see a continuation of the biden administration policies in place throughout his administration. >> trace, the fastest growing demographic at the border now are chinese nationals. it's confirmed to fox they have encountered 20,000 chinese in the last four months. that's an average of 150 per. >> dana: now it's on track to shatter last year's record of 30,000 chinese nationals. >> trace: they are coming and we don't know why they're coming in such mass. thank you, bill. let's bring in may. may, great to have you on. the new york post writes the following here bill was talking about. new level of madness, free

rooms, meals to thugs robbing us, handing out hotel rooms and meals to repeat thugs making it easier for them to commit crimes and makes us patsies. why are we helping them hurt us? >> we can't keep doing this. i don't think new york understands the problem. their solution is we need more resources. as the new york post story points out resources are the reason that the migrants are coming. so if you give migrants a debit card for a thousand dollars, what they're doing, say please spend this on the right things what are you going to get? more migrants. >> trace: yes. it's the honor system. it is. you can't buy alcohol or tobacco. it's basically the honor system and no way to enforce it we talk about the border bill. dr. phil said this on han hanni.

>> i asked straight up, what do you need here. i was shocked to hear them say, we don't need more money we don't need more resources. we don't need more officers. we don't need more legislation. we just need the laws that are on the books to be followed. >> trace: he's talk about the border patrol. they said we need to reimplement security measures, may. >> yes, when i visited the border while working in the white house i heard a similar story. something else too, you need a powerful executive. these are middle class migrants with $15,000 to make the journey. they're wondering if something will happen to them or not. the border patrol needs the authority to do their job. they can't handle this number of people. so, you really do need an executive who seems he will

enforce the law. nobody thinks president biden will enforce the law. >> trace: yes, the dhs secretary was asked about not being impeached sneaking by it. he said this. >> gladly answer it again. the allegations are baseless. i'm focused on the work which brings me to las vegas today. >> republicans say they may hold another vote and have the numbers to impeach you. if that happens would you consider step ago side? >> no, i would not. >> trace: they may vote again, may. should they? >> i don't know if they have will have the votes. i guess that's speaker johnson's job. he knows better than me. i hope he only holds another vote if they have it. it's funny i'm ashamed of a typo in my e-mail. here is the secretary of dhs letting in terrorists and completely changing the landscape of our nation and not

an ounce of shame. >> trace: yes. may mailman great to have you on. thank you. and coming up gina carano is coming on and a big name is funding her lawsuit to take on disney. still ahead two principals get together to celebrate a hundred days of school. the fox news at night family got a little bigger and cuter. the day's best viral videos are coming up. first a live earth cam look at pittsburgh, pennsylvania where the big mack was inventpugh in 1967. debuting for 45 cents. today it costs you about $6. we are coming right back.

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>> trace: back to our top story of the night. targeting of conservatives. actress and mixed martial arts

star gina carano has filed a suit against her firing. bill is live with that story. bill. >> -- discriminating against her over her political beliefs. the actress and mma star sued disney yesterday after being fired from the star wars series in 2021. at the time lucas films said in part: gina carano is not ployed by disney films and there are no plans for her to be in the future. well, in a huge plot twist carano's case is being funded by elon musk x. pledging to finance lawsuits for those fired due to discrimination of comments on the platform x.

>> you know eventually you have a line, you know when that line is crossed you have to say enough. enough is enough. >> disney and lucas film have not filed a response to the lawsuit. representatives have not responded to an e-mail request for comment from the associated press. >> trace: thank you, let's bring in eddie and former bachelor contestant, gillan &ners son. we should know gina carano is mixed martial arts. i will give it to gillan first. gillan, the daily beast writes the following. disney has the right to not want to work with gina carano. >> if you're an arch conservative signing up to work with disney you must know your views will clash with the company's principals. if you a different opinion than

disney yodisney they have the ro fire you. >> that's ridiculous. i wouldn't be casted off social media and my loud mouth and free speech. i thought we had. she is a patriot blacklisted from hollywood. she spoke out and questions the election. i just love that elon is part of this suit. winning the suit would set a necessary precedence for all of these free speech terminations when it comes to job losses. >> trace: yes, she's a tough character as well, eddie, right. >> she was one of the greatest fighters in women martial arts. without her there wouldn't of been a rhonda rousey. >> trace: i want to go to the bud light thing. the bud light add was a mistake of epic proportions.

anheuser-busch is a great american brand that deserves a second chance. what do you think, eddie. >> the bush family is a true american known families, companies, anheuser-busch family drove their trucks. they had theme parks, baseball teams. they were really in touch with the audience. if you look at some of the best advertisements of all time buzz wiser they were in touch with what they were doing. now since they have been sold they completely lost touch with the fan base. >> trace: you think they should be given a second chance? >> think they're doing the right thing. they hooked up with the ufc and people drinking. sell it back to the bush family. >> trace: do you think bud light gets another go around.

>> i think they should write the play book. i think they're doing a great job making it up to the fan base. >> trace: think you're right. southwest airlines showing off new seating arrangement. here are comments. i wonder when airlines would cater to people like us, relaxing on slates of granite. is there an option to stand. jillian, they say it's a mess, tighter, people have hard seats. southwest sun comfortable enough to fly on. >> you're exactly right. the airline industry has not prioritized comfort over anything. relent see at all. i would say to them i don't liking the order of how you get on the plane. i don't fly southwest. with the new seats not, i'm out. >> trace: you have to lineup like cattle. you get on and you're like, what do you do. >> i don't fit on the plane

6'5", 200 pounds. i don't fly southwest for that reason. >> trace: when you get on the plane the seat gets closer and closer. >> smaller and smaller. >> trace: thank you, both. >> thank you. >> trace: first up in tonight's viral videos. two principals dress as taylor swift and travis kelsey. the numbers equal 100. and meet murphy the newest edition to the fox news at night family. the two month old yellow lab. murphy, hush. we're doing a newscast. he's finding his bark and chasing his parents. think the show "mascot" murphy the best name. i love murphy. let us know. back by popular demand on fox news -p, highlights of our tribute to the late great tobey

keith. as you watch think about your favorite songs from the country music star for tonight's night cap. we need the top three. enjoy. we're coming right back. ♪ ♪ >> a lot of really 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. muhammad ali how do you like me now ♪ now that i'm on my way ♪ i think i'm crazy standing here today

♪ i'm extremely proud ♪ living in your radio, how do you like me now >> he created things to live longer than he did. they will go on forever. like you said the songs are classics. >> i don't know how people do it without faith. that's what i did. it's my rock. ♪ i'm an american ♪ american >> trace: such a huge supporter. we compiled our top three tobey keith songs. what do you think they are?

the night cap crew is next. tomorrow tune in to fox and friends. lawrence jones is in atlanta as squatters take over a hundred homes. dvr "fox and friends" if you can't catch it live.

>> trace: we're back with the night cap crew. the topic, dream walk. last night we had a huge response to our tobey keith night cap. we thought he deserved another round. watch. ♪ i don't do it for the money ♪ i have bills i can not pay ♪ i don't do it for the glory, i just do it anyways. >> trace: you all submitted such amazing songs. we decided to crunch the numbers for your favorites. can you guess our awed yen's top three. kevin corke, any guesses? >> it would be easy to look at the answers. i'm not in the demo. i think i told you this, i grew up listening to country music. i traveled across the country in our buick on i-70 going across

kansas. i grew up with charlie pride. i can't guess the top three here other than looking at the answers. won't guess. >> trace: christina coalman. >> american soldier, i love this bar, and should have been a cowboy. >> courtesy of the red white and whether you, i love this bar. >> trace: she's a singer. >> you know i can name one i think is the easy winner for me. red solo cup. >> trace: that's a good one as well. it's not in the top three. eddie, what do you have. >> beer for my horses. >> trace: good. >> america soldier and red solo cup. >> trace: one hit. here is the thing. ellen highland says, did we get everyone. yes. red solo cup. christina? >> yes. >> trace: courtesy of the red white and blue, don't let the

old man in, american soldier. courtesy of the red white and blue, how do you like me now, beer for my horses. should have been a cowboy, courtesy of the red white and blue. i said don't let the old man in, beer for my horses, top three were, courtesy of the red white and whether you. should of been a cowboy. and american soldier. so everybody was very close except for me and kevin. we were terrible. thank you all for watching "america's late news" fox@is. night. i'm trace gallagher we will see. yo u here again tomorrow.

>> hello everyone i'm judge jeannine pirro. it's 5:00 o'clock in new york city