>> greg: we are out of time! thanks to tulsi gabbard, tyler fisher, kat timpf, tyrese, our studio audience. trace gallagher's next. >> trace: i'm trace gallagher. it's 11:00 p.m. on the east coast, 8:00 in los angeles, and this is america's late news, "fox news @ night." breaking tonight, a live look now at trump headquarters in las vegas. we are now waiting for the

former president to speak considering the caucus night in nevada where trump will likely pick up all of the delegates. and we also expect comments on the disastrous day for his political opponent. president biden now facing questions about whether he should step down following the blockbuster report from special counsel robert hur who investigated the classified documents stored in the garage. the report broadly and boldly called into question the president's mental acuity, something biden tried to dispute in a very unusual evening news conference in the white house. the president tried to assure americans that his mind is sound, but then immediately made a series of mistakes, including calling egypt's leader the president of mexico. now republicans are asking biden's cabinet to consider invoking the 25th amendment, removing him from office. it all comes while former president trump is about to claim victory in nevada. we have team talk coverage tonight.

the senior national correspondent, kevin corke, live in d.c. with within the special counsel report. lauren green covering president trump's upcoming remarks in nevada and likely his rebuttal to president biden. but we begin at bill melugin and the late-breaking information on the white house damage control. >> good evening to you. the damage control did not go well, to say the least. on a day of damaging headlines all about his mental acuity, president biden held a press conference from the oval office where he hoped to show he is still sharp. instead, he quickly had multiple gaps and appeared combative at times. the first gaffe happened when biden expressed anger that special counsel robert hur said in his report that biden couldn't remember when his son beau died while being questioned by investigators. he couldn't say where his late

son got his rosary. >> it was even reference to that i don't remember when my son died. how in the hell dare he raise that? frankly, when i was asked the question i thought to myself -- let me tell you something. somebody who commented, eyewear, since the day he died, every day, the rosary he got from our lady of -- >> he never finished that statement. biden also bristled when asked about voter concerns regarding his age. >> voters have concerns about your age. how are you going to assuage them? do you think this report will only fuel further concerns? >> only by some of you. >> for months, when you were asked about your age, you would respond with the words "watch me." many american people have been watching and expressed concerns about your age. >> that is your judgment. that is your judgment. that is not the judgment of the press.

>> shortly after defending his mental acuity, the president said israel has been too heavy-handed in gaza and then he makes temp to of mexico and egypt. when he said mexico wouldn't open humanitarian core door with the gaza strip. >> the conduct of the response in gaza, in the gaza strip, has been over the top. i think that, as you know, initially the president of mexico did not want to open up the gate to allow humanitarian material to get in. i talked to him. i convinced him to open the gate. >> new york republican congressman claudia tenney is now calling for the 25th amendment to be exploited to potentially remove biden for

office. i know you'll be talking to her in a few minutes. >> trace: she will come break that news on "fox news @ night." villa, back to you as news breaks. let's bring in vivek ramaswamy. vivek, thank you for coming on. we very much appreciate this. very bad day for president biden. what do you think? >> i think the number one take away is this, joe biden will not be the nominee. i said this last year and people dismissed it as some type of conspiracy hearing. today i think it became that much more obvious. play this out, biden's own doj and special counsel is effectively releasing a report that undermines the case for him to actually be a candidate for the u.s. presidency, right as biden's poll numbers are creatorring. we need to do the math and skate to where the puck is going, not fall for the deflection. i think they are planning to sideline biden as the nominee and trot in a different puppet instead. that's the most significant take away from the night. >> trace: what do you think caused the most damage, vivek?

we saw the report that came down from robert hur. it was detrimental but then you had the news conference tonight. did the president make a mistake by coming out with this news conference? would it have been better to issue a statement and then maybe move on or at least address it tomorrow? what do you think about the timing and the decision-making? >> i think the decision-making was even poorer than the actual execution of it, both of which were terrible. i think the reality is this, the managerial class in the democratic party, and i believe in the deep state, has decided they've lost their use for joe biden as a puppet. i think they laid a trap for him. they invited him effectively to prove the to the american people that he doesn't have the mental acuity to do it. he fell into their trap and now they are laying the groundwork for the coming three months to sideline him and actually put up who the real nominee is going to be. i said this at the end of one of the republican president republican presenter debates and i'll say it again. just be honest if the american people. tell us who the actual nominee is going to be so we don't play these games and we can actually

have an honest, open debate about who should be the next president of the united states, because we know that joe biden will not be one of those candidates. >> trace: the news conference was set for 745 eastern time and ended up being about 7:55. during that time, during the wait time, the better part of an hour, did you at any time think, like a lot of people dead, that joe biden was going to come out and make some bold statement maybe not to run for reelection? >> i think that was probably a discussion heading into it. the reality is the democratic party has always had one obstacle sidelining them from stopping joe biden. it's what he called the kamala harris problem. they have tethered their identity to identity politics. yet, if they don't make her the nominee, it makes it very difficult to sideline biden, which leads me to the likely conclusion that it's going to be someone like michelle obama who they do put up. i think there are serious discussions likely underway. pretty soon those are going to

spill over into the public sphere. i wouldn't have been shocked if that happened tonight, but i think the greater likelihood, trace, is that they wait in the couple of months and let this play out. >> trace: this is my last question to you, vivek. thank you for coming on. we talked about the mistakes the president made tonight after trying to convince america he had a sound mind. what struck me the most with his back and forth with a reporter where she was saying that america is concerned about mental acuity, and he said "that's your take, that's your opinion." and it really wasn't, because it's been happening all day. very defensive about that. >> look, it does increase in leasing like a form of elder abuse. this man was clearly personally hurt, personally insulted, but didn't have the mental acuity to process or even communicate the extent to which he had been hurt or insulted. so the reality is this man is a puppet. the puppet masters who are wielding him have lost their use and it's a sad situation to watch play out in plain sight,

where this is the president of the united states. this is a man who ran on a campaign to reunite this country. i think this is a chance for the republican party to now take that mantle. this man said he wanted to unite the country. he failed, he lacks the acuity to do it. i think in the republican nominee italy president trump. we have the opportunity for somebody with the acuity to say we will unite this country and i think that's how we win this in a landslide. >> trace: vivek ramaswamy, thank you for coming on. meantime, let's dig in more into the damning report. special counsel robert hur declined to prosecute president biden, but biden was not left unscathed, clearly. the senior national correspondent, kevin corke, live with the details on this. >> wow, what a day, trace. evening to you. despite a host of damning allegations in the very lengthy report, special counsel robert hur repre recommended against cl charges because he said the jury might view the president as "an elderly man is

a very poor memory." but that's just part of the stunning proclamations. in his 388-page investigation record, which admonished the 81-year-old for willfully flouting legal restrictions by keeping sensitive documents throughout and after his career as a senator and vice president. special counsel bob hur said biden's practices represent "serious risks to national security," and added this. "we have also considered that, at trial, mr. biden would likely present himself to a jury as he did during our interview of him as a sympathetic, well-meaning elderly man with a poor memory. it would be difficult to convince a jury that they should convict him. by then, a former president well into his 80s, of a serious felony that requires a mental state of willfulness." and then there was this, trace. really just blew me away. he said, "in his interview with our office, mr. biden's memory

was worse. he said he did not remember when he was vice president, forgetting on the first day of the interview when his term ended, and forgetting on the second day of the interview when his term began. he did not remember, even within several years, when his son, beau, died, and his memory appeared hazy when describing the afghanistan debate that was once so important to him." wow. and there is this. "despite mr. biden's denials , the report is full of references to willful retentiong headings such as "there is evidence that mr. biden willfully retained the classified afghanistan documents." "willful" and other notices in that scathing report. it was something else to read and i think people will be talking about this at great length tomorrow on the days ahead. >> trace: 388 pages.

kevin, thank you. let's bring in the editor of "restoring america" for the "washington examiner," kaylee mcghee white. and stephanie hamel, along with republican strategist and attorney, m, and i remember whee blamed afghanistan on the generals. that was a big press conference blaming everybody except himself. now he's blaming the classified documents on his staff. this is number eight. watch this. >> they removed not by me, that my staff. i didn't have a responsibility of that. my staff was supposed to do that and they referenced that in the report. my staff did not do it in the way that -- for example, i didn't know how half the boxes got in my garage until i found out staff gathered them up. >> trace: we have him on tape, saying opposite things. what do you think about that? >> it's another sign of a weak

president who knows he is on his way out. i think we should be clear that the special report, the special counsel report from robert hur, the justice department is still protecting biden legally. the arguments about his mental fitness and memory have only come up as an excuse for the special counsel not to prosecute joe biden for crimes that they have evidence of him committing and crimes that they are currently prosecuting his top political rival for. however, what this does communicate is that they are no longer willing to protect him politically. there is a very clear message being sent to joe biden that, even if they will protect them legally, he is going to step aside because he is no longer fit to run against a republican candidate, donald trump. >> trace: i want your opinion on this, stephanie, because this is kind of industry. you do this. you put people, you follow the media. if you are putting together this news conference, would you have done it, and would you have done in this way and this capacity? >> this was a total disaster

today for the biden white house. probably one of his worst days. he's coming off the heels of this report and trying to prove that he is capable to be the leader of the free world. for him to have all of these mixups during the press conference, the hostility that he had toward reporters who he has ignored for the most part of his presidency, it's totally absurd. and i hope that those in the mainstream media will be critical of president biden, because i would not judge those who are wondering if biden is even capable of running a lemonade stand at this point. >> trace: quickly, breaking news before i get to you, mehek, that we have been told the associated press is called the nevada caucus for president trump. he will take all 26 delegates. at least that is the projection. when we get more information on this, we of course will bring it. president trump winning the nevada caucuses, as we thought, no surprise here. the primary was on tuesday and

you recall nikki haley came in like 30 points behind, no candidate particularly. so she lost a nobody. mehek cooke, he went to great lengths, talking about president biden, to indicate his memory was fine, and then he said this talking about his son, beau, and the rosary he still wears. watch. >> every single day, the rosary he got from our lady of -- every memorial day, we hold a service remembering him. >> trace: lady of guadalupe bay was the actual church, but the question becomes, mehek, you got there and you come back and you do yourself a disservice by proving your memory is not what you were saying it was. >> i mean, this press conference single-handedly has tanked not only his presidency, but his upcoming election. we are now seeing that he does not have his mental faculties,

that he is not fit to be president, that he should not have nuclear codes. we do not trust biden, and whatever he tried to do to try and convince the american people that he is fit, he failed. he has continued to fail us, and we have lost confidence in who this man is. he is not running our country, he is not fit to be commander in chief. we are in grave danger. we have a national security crisis at our border. we have ukraine funding we are fighting against. we have so much at stake in our country. joe biden has to sit down and kamala harris is going to be worse, but at least she can spring a couple sentences together and she knows where she is most days. >> trace: a lot of people have said that, kaylee, but do you really believe that might happen? will talk to claudia tenney coming up about her call to implement the 25th amendment. do you think there's a possibility of that happening? you cover politics, you know. >> what i would say is don't underestimate the democratic establishment's desire to

maintain power. if they believe joe biden is a risk that they will lose power, they will toss aside joe biden. they've done it before, they will do it again. if that's what has to be done, that's what's going to happen. i would argue that what you are seeing now, this concerted effort to force him to step aside, it wouldn't be happening if he was doing well in the polls. but you know the poles just as well as i do. he is suffering in the swing states, losing to trump like he never did back in 2020. now the effort has begun to force him to step aside. >> trace: you look at some of these polls and they are disastrous, and they're only going to get worse. that's the key here, that he's getting older and the polls, because of today, are bound to get much worse. how do you battle back? >> this is definitely not a good look for the biden white house, and we will see how that will affect potential voters. but we either have a man in the white house who is dishonest, or is incapable. he's an elderly man with a bad

memory. so either way they try to spin it, it's not a good look. i don't know how you recover from this. >> trace: yeah. it's a good point to make, mehek, that you wonder if there is -- listen, the polls are very close. you talk about direct head direct head-to-head between president biden and for president trump, it is still very close. a lot of these, in the rcp average, are within the margin of error. do you expect there's some kind of a spread in those polls with trump getting a bigger adva advantage? >> i suspect there's definitely going to be a spread. this press conference showed the american people that joe biden's mental faculties are not intact, that we cannot trust him with our national security, and the way he has handled, from our economy to border, we are continuing to see a decline in our country. and he stood in front of the american people and try to

convince us that he is in control. trace, he is not. what you see is what you get. he is failing, he's an elderly man, and i think he is to face. he's been lying to the american people for a very long time. it's time for him to go. we need to fire him and was on. >> trace: mehek cooke, stephanie hamill, and kaylee mcghee white, thank you for coming on. we appreciate it. let's bring on john yoo. i've been wanting to talk to you all day on this, because it really is amazing to me -- he willfully retained, says the report, these classified documents, but is apparently too impaired to prosecute. when you look at the report and you see what it said, what is your criticism about how this was written, and can you really decide -- isn't that up for a judge and a jury and the d.a., et cetera? >> actually thought it was a very well done report, very thorough, and because of the way the special counsel

works -- keep in mind, this is a special counsel picked by joe biden's attorney general. this is not some trump operative for somebody who works for gavin newsom. this is the gove judgment of the prosecutor who thinks joe biden did violate the law, that he does meet the standard for indictment of prosecution, but that he doesn't think he could win because joe biden's defense would be, i'm not really mentally competent to stand trial. at the very least he thinks a jury will sympathize with an old man who can't remember important dates. as we are all hearing now, the damning indictment in the political sphere. >> trace: and that's a question. everybody asks, john, you go after this and joe biden says how dare he when he came out

tonight. he praised the special counsel for coming to the conclusion that there is no charges, but then he damned the special counsel for even bringing up his memory, and beau biden, et cetera. was this a proper strategy in your estimation for a special counsel to do? >> here's the thing, if joe biden really thinks he's being unfairly treated, if he thinks the special counsel is misrepresenting his facilities and capabilities, then joe biden can order the release of his interview with the special counsel. apparently he was at least a two day interview, and we saw the selections from the special counsel when he says. if biden is saying he's being misrepresented, he's the president, his justice department has the full transcript of the interviews. if he's not afraid of the american people making the judgment, release the whole thing. let us see it and the american people can make their judgment,

whether they agree with the special counsel or not. i'm worried the special counsel probably didn't present all of the things in the interview that make the president look even worse. >> trace: what about the cases you have, the biden document case, the trump document case? is there concern on your part that there are different methods, different target ways of going after these two cases where you had the fbi raided mar-a-lago, asking for permission? are there differences you see here? because the american person perspective, it seems like you've got classified documents and you've got classified documents, and a decision not to prosecute the president, and this decision, yes, we are going to prosecute the former president. what do you think about that? what can simplify it for the american people? >> trace, that's maybe the most important question that comes out of this, because, although he doesn't mean to you, the special counsel report here

undermines jack smith's effort to prosecute donald trump for much the same conduct which is mishandling classified information. what the special counsel says, mr. hur says this is the main difference, that donald trump resisted cooperation with the government whereas joe biden didn't. now, the american people can ask themselves, is that really enough to stguh the way these two people are being treated? the most important thing the justice department has to stand for in our country's equal treatment under the law. same cases are treated in the same way. because if they don't do that, if the justice department doesn't do that, that's going to undermine the public faith in law enforcement, and we, people depend on our law enforcement to, on prosecutors, and we have to voluntarily cooperate with them in order to maintain any semblance of the rule of law in this country. that's being threatened. if you go after trump that you don't go after biden, even though they basically committed same offenses. >> trace: it's interesting,

because i wanted to kind of get your take on this. we have heard many people say, listen, joe biden was a senator, he was the vice president, he didn't have the right to take these documents. donald trump was the president, and the reason trump resisted is his lawyers say he thought he was the president and he had the right to declassify and to keep these documents. does that play into this at all? >> i think as you mention, earlier, trace, or one of the panelists did, it's the state of mind. did violate the law you have to have intent. what the prosecutor says here is that we don't make that decision on trump, that's up to jack smith, but the only difference seems to be the cooperation issue. they don't really say they think he had sufficient state of mind to violate the law. as you say, biden has actually committed violations of these classified regulations for a

much longer period. i was quite shocked to hear he had been keeping things from much longer than he was president or vice president, back to his years as a senator. there's no reason he should have that information. >> and that's what i said. john yoo, thank you for coming on. we appreciate your insight, as always. >> thanks, trace. >> trace: our next guest is calling on members of the president's cabinet to explore the use of the 25th amendment and remove president biden from office. let's bring in republican representative from new york claudia tenney. thank you for coming on. we appreciate it. breaking the news here, tell me why it is that you think it is important now to use the 25th amendment to try and remove president biden from office? >> first, trace, i just want to say president biden needs to be charged or he needs to be removed from office under the 25th amendment. there isn't a middle ground here. as some of your prior guests

have eloquently explained, the prosecutor has made a reasonable case that joe biden -- and stated that he mishandled, disclosed, improperly used classified materials. he then said we are judging his personality and we don't think he can get a jury to come to a conclusion on that, which is really not a standard, because he is forgetful and an old man, and he actually also makes a reasonable case that joe biden can actually stand trial. he can't stand trial, he certainly can't carry out the duties of president of the united states and commander in chief of the armed forces. so that is why i think it is one or the other. you either have to prosecute him or he has to be removed under the 25th amendment. that is why i sent this letter to merrick garland. we appreciate you highlighting this. this has become a long time and longtime embarrassing situation. everyone i talk to cringe is

whenever we see joe biden on the tv, and he's struggling, he can't remember things, and it's also shocking what john yoo just pointed out that he's been mishandling classified documents for such a long period of time. and yet there's no decision to prosecute. so prosecutors have an ethical duty not to -- there should be equal justice under the law. you can't make distinctions because you don't like somebody's personality and you like someone else's who you work for. >> trace: you talk about the letter you wrote. he sent the letter, as you said, to the attorney general merrick garland and cabinet members invoking the 25th amendment. it reads in part, quoting here, "he most assuredly lacks the ability to execute his presidential responsibilities. accordingly, it is incumbent upon you to begin proceedings to remove the president pursuant to the 25th amendment of the united states constitution. president biden needs to be charged or he needs to be removed. there is no middle ground."

and you just kind of alluded to that, the fact that you are saying there is no middle ground. either you charge him with these documents or something else has to happen, but you can't say he can't go before a jury because he doesn't have the memory to put on a positive defense or a strong defense. and yet he does have the mental acuity to be in the oval office for five more years. >> that's exactly it, trace. he's not competent to stand trial, which is a reasonable assessment which they seem to be alluding to, the special counsel hur, how can he be president of the united states? how can he be competent enough under the 25th amendment? this is exactly the moment the 25th amendment was created for, for someone who literally cannot carry out their responsibilities. when you look back and see some of the sensitive documents that he's had in his flimsy garage, with very little security, versus what we have seen president trump holding in

mar-a-lago with the constant secret service looking over it, and, as you distinguished before, trace, the difference between the president of the united states, who has more immunities in the vice president or senator, those are the reasons and that's why you can't have it one way or another. you either remove him or you charge hidden. it's got to be one or the other. >> trace: i just want to play this because this is from former federal prosecutor andy mccarthy, a contributor for us. but he talked about the 25th amendment today to me. i want to play that and get your quick response to this. watch. >> as you read the report, i can't help it say it looks like there is enough to invoke the 25th amendment. i know that's not what he's looking at, what his purpose is, but his fitness for office is a major issue here. >> trace: the interesting thing is that marc thiessen, down in the right hand corner, congresswoman, his eyes kind of lit up because he knows andy mccarthy doesn't just say things willy-nilly. he's very thoughtful and very

thought out when he makes these kinds of comments. so it says something. your final comments on this? >> i agree and i wish i had seen earlier. i didn't realize andy mccarthy had said that, that he's obviously a respected legal mind. this is really important that people see we treat all justice the same. and it's really important that they don't see one standard for another person and one for another person. that's what the people rely on. we rely on our equal justice. that is something that is reviewed in our system. i'm hoping that merrick garland follows through on this and talks to the cabinet officials, and we follow through. >> trace: we will see if these gains any traction at all. congresswoman, we appreciate you coming on the show as always. thank you. seek a thank you so much, trace. >> trace: meantime, a live look at trump headquarters in las vegas where the former president is expected to speak soon. just moments ago, the associated press projected that

he won tonight's caucus, and lauren green is live on what we are likely to hear in his remarks. >> good evening, trace. as you said, the associated press predicts all 26 delegates in this republican presidential contest, the nevada caucuses tonight, will go to former president trump. the doors just open moments ago for his watch party in las vegas where we expect to have him give strong words in response to president biden's remarks tonight. the former president donald trump is the only major candidate participating tonight, along with long shot candidate from texas, businessman and pastor, ryan binkley. here is a live look again at trump's nevada headquarters, a state where he enjoys a wide base of support. while he appears to be the leading candidate for the republican nomination, trump's team does not appear to take anything for granted, urging his supporters at a rally last month in las vegas to make a big show of support on caucus night, and

that appears to be exactly what they did tonight. he also said they should sit out the state primary, which was held on tuesday, but his supporters had another idea. while trump was not on the ballot, voters had the option to choose none of these candidates. many of the former president's supporters showed up to choose that option, to deny nikki haley a symbolic win. trump took aim at haley and remarks earlier today. >> i don't know why she continues, but -- i don't really care if she continues. i think it's bad for the party. i think it's actually bad for her. >> we will continue to keep an eye on the watch party in las vegas where we are awaiting remarks, and what is likely to be a raucous response from former president trump to the president's address. >> trace: lauren green live in new york. thank you. coming up, continuing coverage of the breaking of guidance tonight surrounding the leading presidential candidates.

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>> trace: let's bring in trump's former defense department chief of staff. i want to get your take on some of this. this is president biden comparing, runs about 26 seconds. this is him comparing his document case to the former president's document case. i will let you respond. >> i was especially pleased to see the special counsel make clear the stark distinction and difference between this case and mr. trump's case. the special counsel wrote, and i quote, "several material distinctions between mr. trump's case and mr. biden's are clear." continuing to quote. "most notably, after giving

multiple chances to avoid prosecution, mr. trump allegedly did the opposite." >> trace: when he is saying is the former president's case is so nefarious, and his is relatively innocent. >> it's great to be with you, and apologize for the background noise. i'm here at trump hq for the party. i never got to walk my client into court and say his infirmity is a defense, please don't charge him, or he returned the proceeds of the crime in a fair and appropriate fashion, don't give him the bank robbery charge. there is a drastic difference here. let's look at the lanier case. president biden, for he was president and didn't have presidential privilege, took 40 years with a document that were classified, 115 identified by special counsel hur at the top secret level or higher, and through different locations. it doesn't matter if you return them or not. in the gross distinction is president trump had presidential privilege which still has yet to

be decided by the supreme court. so the cases could not be more alike in terms of legality, but different in terms of how the law was applied. >> trace: i want to play the sound bite. this was kerri kupec on with me today talking about what she believes are still significant allegations against the president and his documents. watch. >> why does anyone need classified information one thing leave office? certainly this report is embarrassing for joe biden and again interesting that rob hur said he found they willfully retained his classified information. >> trace: it wasn't just like, oops, didn't know they were there. he willfully retained and for a long time. >> the act is simple. if you intentionally take classified documents, that is illegal. you charge it. you don't consider whether the jury may or may not agree with you. a charging decision must be uniformly applied across the

doj. we see here is a two-tier system of justice for political ends justifying the means, and she was right, that intentional wording -- remember the hillary clinton treatment. she created a new distinction and said she was reckless, which didn't matter because you took them. he has no presidential immunity for it. and there is a destruction of evidence. let's not forget, his ghostwriter. when he came to the podium to address the american people, he said he didn't know and he blamed his staff. they hired a ghostwriter to write a book and issued recordings about the classified documents and then destroyed that evidence, and not even he was charge. it's a grotesque failure. >> trace: that came up, as well. in that 388-page report. now to the supreme court case today. here is justice john roberts talking about whether colorado can legally keep president trump off the ballot. the chief justice had some very skeptical remarks about it. watch. >> a goodly number of states

will say, however the democratic candidate is, you are off the ballot, and others for the republican candidate, you are off the ballot. it will come down just a handful of states that are going to decide the presidential election. that's a pretty daunting consequence. >> trace: another good thing for former president trump that happened in the supreme court today. >> i think constitutionally our founding fathers were brilliant. these types of political questions are left to be adjudicated at the polls, and the 14th amendment specifically prescribes the conduct of insurrection to other officers, not the president. because the president appoints every officer. he is not one of them. i think john roberts and the founding fathers got this right. the states do not have the authority. and president trump has not been charged with insurrection, has not been -- >> trace: and we just lost him. if you see the former president, bring them to that camera. would love to talk to him. let's bring in carl.

i want to get you on the political aspect of this. not legality here. there's a lot of important political news that came out of this today, primarily when he had the special counsel saying the president is getting old, he's losing his memory, and this is something that is going to be a headline in this campaign for the next nine months. >> amongst political observers, they are going to fixate on what this means for biden. i think people need to question what it means for the american people. people sitting back into my thinking three things. number one, there's a double standard. clearly trump is being treated differently than joe biden. hillary clinton was treated differently than donald trump. so it is hypocrisy. second, you've got a president who is not capable of doing the job, very clearly. third, the question has to be asked, who's running the show? who is actually running our government?

it is certainly not joe biden. the guy doesn't know where he is from day-to-day. >> trace: not in the capacity they held this news conference tonight. you think that was a bad decision to hold this news conference tonight? >> absolutely. it was an epic disaster and it illustrated all the problems the special counsel was raising, that this guy is probably incapable of being charged with the crime. he's incapable of being charged with a crime, therefore shouldn't he be incapable of serving as our president? >> trace: i want to put this up on the screen, because this is the report. it says, quoting here, "mr. biden would likely present himself to a jury as he did in their interview with him as a sympathetic, well-meaning elderly man with a poor memory. and you think, that's a slam, and joe biden says how dare they, and the white house says how dare they, but the truth of the matter is, every time he had a president talk, everybody is going to be ultra-focused on what he says. every word he says. and when he says things we know

are not true, when he goes and talks about the border and says this is now donald trump's fault, and maga republicans' fault, and you know that's absolutely not true and the lion's share of america knows it's not true, it makes you think, is there something else going on here? >> he probably knows it's not true. he's just reading off a teleprompter, of his notes, confuse each and every day. the american people are asking, what is the impact to us in this presidential election? let me say right now, i think the border is the paramount issue. securing the border, and national security threat. it's also about traditional illegal immigration, the financial burden to taxpayers, and the human trafficking, the fact that girls and boys are being victimized by the human trafficking. but ultimately we are seeing a national security threat with a number of people on the terror watch list being detected and detained coming across. it is very simple and very clear. in the 2024 election, if you want a secure border, you've got

to vote for donald trump and put it back in the white house. we will not get a secure border. frankly, with any other republican presidential candidate or democrat presidential candidate. it's got to be donald trump if you want that secure border. >> trace: i've got to go, but how long before the g.o.p. and the trump campaign puts out an ad with joe biden forgetting that six or 7 million illegal immigrants came into this country over the past three years? they are going to play on and you know they're going to. >> forgetting and of course blaming his opponents, while we are literally funding, with a bill proposed earlier this week, we are funding the human trafficking of these people. that's what that bill did. it didn't build a wall or provide real security. most of the money of the $18 billion or $20 billion on border security went to funding ngos who are facilitating human trafficking. you and it's a mess. carl, great to see you. breaking news coverage continues after the break as we await former president trump's remarks. it'll be about the nevada caucus

first, but you know he will also speak about what happened to joe biden today, and the special counsel reports on the classified documents. we are coming right back. ♪ ♪ did you know... 80% of women are struggling with hair damage? just like i was. dryness and frizz could be damaged hair that can't retain moisture. new pantene miracle rescue deep conditioner, with first-of-its-kind melting pro-v pearls... locks in moisture to repair 6 months of damage in one wash, without weigh down. guaranteed or your money back! for resilient, healthy-looking hair... if you know, you know it's pantene.

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>> trace: that's a lie look at las vegas. those are trump headquarters where the former president will speak soon. we're not exactly sure when he's going to come out, but we can tell you the breaking news, of course, is that the race has been called for trump. it's not a surprise, and he will take all 26 delegates there. of course the next move, the next big move, is on to south carolina where he will go head-to-head with nikki haley. it's nikki haley's home state. but the former president is up by 30 there. when he speaks, we'll bring it to you live. meantime, let's bring back john yoo, stephanie hamill, kaylee mcghee white, and carl demaio to get final thoughts on this. first to you, john yoo. if you look at the report issued by robert hur today, do you think it was more damaging to not charge the president, or more damaging to actually put those allegations that the president is losing his memory, getting older, et cetera? what are your final thoughts on

this report? >> when i first looked at that report, i thought, gosh, maybe biden would rather be charged than have his mental fitness question. but think about how the day started. we started this day with supreme court arguments about whether donald trump should be disqualified from running for president at the supreme court under the 14th amendment. by the end of the day, what are we talking about? triggering the 25th amendment to see if the majority of the cabinet should remove president biden because he's mentally unfit. think about the huge political disaster this is for the biden white house. >> trace: kaylee mcghee white, i know you cover politics, but you wonder the road out, the pathway out for the biden campaign. do they keep dealing with this issue or do they forget about it and move forward? >> well, it's clear that biden doesn't want to forget about this issue. he's feeling the squeeze. i think he was the one who

insisted on this press conference tonight, and you could see the way he was lashing out at the reporters, and visibly frustrated. granted, he's not used to staying up past 8:00 p.m., let alone taking unvetted questions from the press. b could tell he was upset about his mental acuity being questioned, and also about being thrown under the bus by his own justice department. so he's feeling the squeeze here, and it's really a question of what the biden campaign decides to do moving forward. >> trace: which is your question, stephanie hamill. what do they do moving forward? how do you reconstruct your guy without bringing this topic up again and again and again? >> yeah. i mean, this is just an incredible day for former president donald trump, as john had mentioned and started off with the supreme court, and then the skepticism of the colorado ballot case, and then we move on to this, with biden coming out and giving this press conference. i mean, i will say, my jaw was

dropped to the entire day over the series of news that came out. i'm still kind of in shock. as for how they go forward, they are going to have to sit in a room and really plan this out, because their strategy before was to keep him in the basement, and i think they're going to try to -- >> trace: let me get to carl. everyone is going to be watching. >> those of us who think of a conspiracy may be thinking that democratic elites are now prepping to move biden off the stage. and maybe this report was the way they are going to facilitate that. i think they have a backup candidate and it's going to be gavin newsom, maybe michelle obama. >> trace: we shall see. thank you all. thank you for watching america's late news, "fox news @ night." late news, "fox news @ night." i'm trace gallagher.a. we will see you here tomorrow. where their food and fiber come from. cody: we have dorper sheep and we have beef cattle for the sole purpose of going into the food chain. we use tiktok as a tool to inform people of what we do and why we do it. there's just a plethora of knowledge

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the ball is out and there's a pile-up. -let's go! -get in the pile! ugh, i'll deal with this tomorrow. you won't. it's ripe in here. my eyes are watering. i'm a busy man. look how crusty this is. shameful. ugh, it's just too much. not with this. tide. tide can tackle any pile. that a tackle pun? just clean the pile, ron. okay. this too. that was easy. when stains and odors pile up, it's got to be tide. >> let me say a few things before i take questions. the special counsel released its findings today about the look into my handling of classified

documents.