charged with shoplifting. , and curtis said in part, quote, i shouldn't have been listeninag to the crowd. that was my mistake. i should not have had knee reaction. again, on this show, we always t want to set the record straight. all right. now, unfortunately t record, ths all the time we have left this evening. as always, thankevening. for jog us. >> thank you for making this show possible. please, pleasepossib. pl set your dvr so you never, ever, ever, ever, everneve ever miss an episode of hannity or news any time foxnews.com, hannity, rt.com or fox news. every time, everywhere. anyway, let not your heart be trouble. greg gutfeld snacks to put a smile on your face. >> good evening. i'm trace gallagher. r's nextce: i'm r. it's 11 p.m. on the east coast, 8:00 here in los angeles. and thison t is america's late news. >> fox news at night and breakingews @ ni tonight, ae look now at trump headquarters in las vegas. wes in are now waiting for the former president to speak concerning preside the night inn

where trump will likely pick up all of delegates.ls and we also expect comments on the disastrous for h his political opponent. president biden now facing questionisponent.s about whether he should step down following the blockbuster report from special counsel robert hur, who investigated the classifiect documents stored in the president's delaware garage. hethe report broadly and boldly called into question the president'roadlys mental act something biden tried to dispute in y,a very unusualy evening news conference in the white house. the tried to assureameric americans that his mind a sound, but thenan immediately made a series of mistakes, including callinseg leader the president of mexico. >> and now republicans are asking biden's cabinet to consider invoking the 25th amendment, removing him from office. it all comes while former t president trump is about to claim victory in nevada. we have team fox coverage. senior national correspondent kevin corke live

in d.c. with more on what's laurhe special counsel report. lauren greene covering president trump's upcoming remarkoverings in and likely his rebuttal to president biden. but we begin his with bill milln and the late breaking information on the whiteg infoation on housl bill. >> good evening. they've got a lot of work ahead of them. trac.e, evening to you. >> the damage control did not go well, to say the least. on a day say the l of damaging s all about his mental acuity, president bideality,n held a lad evening press conference from the oval office wherent e he to show he's still sharp. instead, though, he quickly had multiple gaffes and appeared combative at times. we'll go int ando the very firsd gaffe. it happened when biden expressed anger that special whe counsel robert hirsch said in his classified documents report that biden hur couldn't remember when his son beau died while he was being questioned by investigators. >> now, in refuting that, biden appeared to forgetg qu whe his late son got his rosary. >> there's even a reference that i don't remember when t

my son died. how dare he raised that? frankly, when i was asked the question and thought to myself, was that a business ? let me tell you something. quon i tho some of you have commented, i wish since the day he died, eyevery single day, the closer he got from my lady of and he never finished that statement there. biden also bristled when asked about voter concernsristled reg his age. >> what concerns or how you'reue being carried with your in the youth care? is reportedly going to be a bigger concern not only by somebody who in vermont. >> you were asked about your respond "watce you would respoe word walk me. well, manyrica american people have been watching and they have expressed concerns about your and exp age, their j. >> that is your judgment. gment.that is not the judgment e press. >> i didn't want him to know. and shortl y after defending def

his mental acuity, the president said israel has beenendi too heavy handed in gaza. then he mixed up the leadersegyp of mexico and egypt when he said mexico wouldn't open humanityt. in corridor 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, sisi, did not want to open up the gate to allow humanitarian material to geto h. in. i talked to him. i convince d open the gate. >> and as a result of today's>>n events, new york republican congresswoman claudia tenney is nowew calling for the 25th amendment to be exploredamen to potentiallydm remove biden from office. i know you're going to be

talking to her here in a few minutes. know you'll be te will come andk that news on fox news tonight. >> bill, back to you as the news breaks. than "fox nek you. let's bring in former gop presidential candidate vivek ramaswamlet's bry. on thank you for coming on.ciate we very much appreciate thisth very bad for president biden. what do you think? look, i think the number one takeaway trace is this. joe bide>> i tn not be the nomi. i said this last year. people dismissed it as somi e. type of conspiracy theory. today, i think it became that much more obvious thin. play this out. biden's own doj and special thi counses iden's ol is effectively releasing a report that undermines the case for hi portm to actually be a candidate for the u.s. presidency. right. is biden's numbers are cratering. we have to do the math. kkate to where the puc is going, not fall for the deflection. but i do think what they're planningthe defle is to sidelini biden as the nominee trot in a different puppet. insteae nomined. that's the most significant takeaway from tonight. and what do you think causedhe s the most damage, vivek? i mean, we saw covering livet today the report that came down

from robert hur it was detrimental. but then you had the new was den conference tonight. did the president make woulttake by coming out mista with this news conference would have been better just to issue a statement and then maybe movet on or at least address it tomorrow? >> what do you think about the timing and the decision making t ? >> i think the decision making was even poorer than the actuahh of it, both of which were terrible. but i think the realitwere terbs the managerial class in the democratic party and i believe in the deep stat in the has decided that they have lost their use for joe biden as a puppet. i think they laid a trap for him. they invited him effectivelyhim. to prove to the american people that he doesn't have the mental acuity to do it. he fel doesn't l into their trap and n they're laying the groundwork foth r in the coming three months to sideline him and actually put up who the reaupl nominee is going to be. so i said this at the end this of one of the republican presidentiarepublicl debates, and i'll say it again, just be honest with the american people. telle honestf th us who the acte is going to be so that we don't play these games and we can have an honest, open debate

about who should be the next president of t who sh the united states.next because we know that joe biden is notted stat going to bf those candidates. >> and that tonight made that that much more clear. i wonder if you were like a lotc of people tonight, because wa conference was set forn time 745 eastern time, it ended up being about 755 during that time, during the wait timen ,which was the better part of an hour. ho that at any time think like a lot of people did that joe biden was going to come out and make some boldn was go statement, maybe not to run for reelection ? i think that there was probably discy ison heading into it i thk and reality is the democratic party has always had one obstacle stopping them from sidelining joe biden. that's what i call the kamala harris problemit's. they've tethered their identity to identity politics. ye thet they don't make her the nominee. it makes them very difficult to sidelins it verye biden, whih is what leads me to, i think, the likely conclusion that it is going to be someone that it like michelle obama, who they do put out. so i think there are serious discussiono put . s likely underwaye ar pretty soon that really going to spill over into the publie gc

sphere. and i wouldn't have been shocked if that happened tonight. dn't have been sbut i think thed likelihood trace is that they wait another couple of months and lethat thet this s out. >> we talked about the mistakes that he made. and this is my las t, last question to you, vivek. thank you for coming on. we've talked about the mistakes thank ththe president made tonight after trying to convince america that he had a sound mind. merica hwhat struck me the mosts his back and forth with a reporter where she was sayingt that america's america is concerned about your mental acuityamerica is c. e and he said, that's your take. that's your opinion that'scaus your. and it really wasn't because it's been happening all day verye defensive about that. abo >> look, it does seemorm of increasingly like a form of elder abuse. i mean, this is a man who is clearly personally elder this m hurt,hurt, pe personally insulted, but didn't have the mental acuity to process or even communicate the extent to which he had been hurt or insulted. >>eehurt and so the reality is s man is a puppet. the puppet masters who are wieldingppet mas him have lostis their use. and it's really just a sad situation to watch pla situati y in plain sight where this is the president of the united states.

this is a mawhere thident of n who ran on acampai campaign to reunite this country. and i think that thiite thiss ia chance for the republican party to now take that mantle. this manty to no, he wanted to . the country. he failed. he lacks the acuity to do it. heailed, hto do i think if the n nominee, that will be president trump, we have an opportunity for someont trump.e with the aca to say that we will unite this country. and i think that's how we're going to winnd in a landslide. >> vivek ramaswamy, good to see you, sir. thank you for cominge wi on.swa, thank you. meantime, let's dik you fog morn the report. special counsel robert hurd declined to prosecut the president biden, but biden was not left unscathede. the senior national correspondent kevin corke live with the details. this kevin.what wow, what a day. trace, evening to you. now, despite a host of allegations in his very lengthy report, the special robert hur recommended against criminal charge s in part because he said he believed that a jury might viewst camel the president as a elderly man with ath very poor memory.

>> but just that's only part of the story. earning proclamations and his re8 page investigationations. r, which admonished the 81 year old for willfully floutinig legal restrictions by keeping sensitive documents throughout and after his career as a senator and vice car president. special counsel bob herr said biden's practices presented, quote, serious risks to national security and added thiso nation. >> we have also considered that at trial mr. biden woul ald likely present himself to a jury, as he did during our interviewould lient himsw ow sympathetic, well-meaning, asy man with a poor memory.it it would be difficul wte di to convince a jury that they should convict him by thenic of former well into his aidest e of a serious felonllyrequir that requires a mental state of willfulness. and then there was thie ofs trae really just blew me away, he said in his interview with our offic e. 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 term began, did he did not remember even within several years when his son beau, died whe and, his memory appeared hazy when describing the afghanistan debateap that wa once so important to him. wow. and there's this despite biden's denials, the report is full of referenceces to willful retention, including heading suchretentio as? there is evidence that mr. biden willfully retained the classified afghanistan document, willful and other notes in that scathing report. trace, it was really else to read. and i think people will be talking about this at great lengthe to rea will be and in t. 388 pages. kevin corke live for us in d.c.'

kevin, thank you. let's bring in the editor of restoring america for the washington examiner, caitlin mcgee, white media research center, t"restov contributing writer stephanie hammel, along with republican strategistd l, g and attorney mark kirk. thank you all for coming on. kevin was talking at thehe end there about afghanistan. and kayla, i remember whenn the he blamed afghanistan on the generals, that was a big press conference blaming everybody except for himself. and now he's blaming the classifiedcept documents ons staff. this is karl for number eight. >> watch this.>> these are women. we're moving up.e, tha i made my staff, but my staff, repodn't have a responsibility . that was my staff was supposed to that. and i referenced that in the report. and my staff did not do it in a wa. dy that, for example, i didt know how half the boxes got to my until i found out staff gathered them up. >> we have him on tape, t kelly saying opposite thingsm . >> what do you think about that? well, it's another sigk abouat?a

weak president who knows that he is on his way out. and i think wewak we should be r that the special report, the special counsel report from robert for the justice department, is still protectingy biden legally. remember the arguments about his mental fitness and his memory. abou have only comeor up as an excuse for the special counsel not to prosecute joe biden for crimes that they have evidence of him committing. and that they're currentlyutin prosecuting his top political rival for. g hiphowever, what this does communicate is that they are no lot himwilling to protec politically. there is a very clear message being sent to jothere isagee bit even if will protect him legally, he is going to step aside because is going te he isr fit to run against the republican candidate, donald trump. and i don't want your opinion on this, stephanie, because this is kind of your industry. you doof ind this you prep peopt you kind of follow the media. if it was you, if you were putting together this news conference, what would you have done it? >> tneonferenc and two, would ys it in this way, in this capacity? >> i mean, this was a total disaster today for the biden

house, probably one of his worst days. i mean, he'suse.probab off of ts of this report and trying leadroveis repor that is capable the leader of the free world. and for hiorldm to have all of these mix up during the press conference, the hostility that he had towards reporters who he's ignored for the most part , his presidency. i mean, it's absolutely, 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 isape even capable of running a lemonade stand at this point. >> yea olemonah, it's interesti. quickly, breaking news before i get to you. in the hack. we are now being tol trace: eake associated press has called nevada the caucuses for president trump. he will take all 26 delegate elite delegates, at leaspresidet is the projection. and when we get moreen w information on thie ges, we. of course, will bring it. president trump there winning nes as wea caucuset trum thought. no surprise here. the primary was on tuesdayno sur .

you recall nikki haley came in like 30 points behind n o candidate particularly. so she lost to nobody, coo k to you. now, he went to great lengths for talking about presiden.t biden to indicate that his memory was fine. and then he said about this, tag about his son, beau, and the rosaryabou that he still wears. >> watch every single day. >> the rosary he got from romania, hitler, memorial day. >> we hold the service. remember him? yeah. i meanservinhim., it's lady of e was was the actual church. tualn becomesestio mark, you know, you go out there and you come back an youd you you do yourself a disservice by proving that your memory is nof byt what you were. >> you were saying it was. i meanre sayin, this press confm single handedly has taint noeant only his presidency but his upcoming election. are now seeing that he does not have his mental faculties.

he is not fit to be president, that he should not have nuclear codes. we do not trust biden.nd and whatever he tried to do to try and convince the american people thatand cons fit, he failed. he has continued to fail us. trace and we have lost who confidence in who this man is. he is noan is.t our country. he is not fit to be commander in chief. we are in gravt toe. we have a national security crisis on our border. we have ukraine a nati e funding that we're fighting against. we have so much at stake in our countrwe have my. harri joe biden has to step downs and kamala harris is going to be worse. wors she can stringnd she a couple sentences together and she knows where she is most days. >> and a lot of peoplehere she said that, katie. but do you really believe that might happen? i mean, even might do you thinkly bel there is some traction to be gained? >> we're going to talk to claudia tenney comingiemight about her call to implement the 25th amendment. do you think there's a possibility of that happening? poibility thar politics. >> you know, what i would say is don't underestimate the democratic establishment's desire to maintainimate th powes

if they believe that joe biden is a risk that they will lose power, they will toss aside joe biden. they've done it before.hat' they will do it again. so if that's what has to bes what'shen it's that'swho be going to happen. and i would argue that what you're seeing now, this concerted efforti would to for, to step aside, it wouldn't be happening if he was doing welle happenin in the polls.us but, you know, the polls just as well as i do, he's sufferingg in the swing states. he's losing to trump in a way that he never did back in 2020. and so now the effort has begun to force to step aside.you >> yeah, i mean, you loolookk at some of these polls and they are disastrousey are and they are only going to get worse. stephanie, that's the key here ey is he's getting older and the polls because of todayd th are bound to get much worse. >> how do you battle back? yeah, this is definitely not e good look for the biden whit house and we will see how thatal will affect potential voters. he but we have a man in the white house who is dishonest or is incapable, that is that he is iy man with a badher wa

memory. so either way that they try to spin ity th, just not a good look. >> i don't know how you recover from this. yeah this.. i mean, it's a good it's a good point to make. markt to, but you wonder if thee is. >> i mean, liste in, the pollscs are very close. you talk about direct head yon biden andee. former president trump. it's still very clos e. avlot of these in the rcp average are within the margin of errorer. do you anticipate in the days and weeks to come that there some kind of a spread in those s polls with with trump getting a bigger advantage wit? i suspect that there's definitely going to be a sprea d . again, this press conference showed the american people thatc joe biden's mental faculties are not intact, that we cannotuh trust him with our national security and the way that he's handled from our economyto bor to border. we are continuing to see a declinde we are in our countr. and he stood in front of the american people and tried convince us that he isat in control and choice.

he is not. what you see is what you get. he has failing. h he's an elderly man and i think he's two faced. he's been lying to theo faceng m american people for a very long time. it's time for him to go. it'sd move fire biden ane. on. >> yeah. matt cook, stephanie hammel and caitlin mcgee white, thank you all for coming on. we appreciate it. stdcghee wh, bring in former deputy assistant attorney general and cal berkeley law professor yoo.ou jonathan wanted to talk to you t all day on this because it reallyhis, is it's amazing to m. i mean, he willfully retained says the report these classified documents. but is apparently too impaired to prosecute. when you look at the report yo, you you see what it said what is your criticism about how this was written and caut hown you really decideo to? isn't that up for a judge in a juryr and the d.a.'s, etc.? t it w i actually thought it was a very well-done report, very wy thorough. and because of the way thseciacial counsel work

and keep in mind, this is a special counsel picked by joe biden's attorney general. this is not some trump operativ gene. this is not somebody who works for gavin newsom. this is the consideredor judgmentis is of a career prosecutorth to decide that they i think he thinks that joe biden did violatof thee law, that he doeso the standard for indictment of prosecution, but that he just doesn't think he could win because joe biden's defense would be i'm not really mentally competent to standpetet trial. maybe he thinks that at the very least, he think ts that a jury is going to sympathize with an old man who can't rememberjuze with imt dates. now, maybe joe biden's legal defense works in a courtroom, but it's, as we're all hearing now, a indictment in the political sphere. dany asks that's the questio asked, john, is, you know, you go after this and joehn, yo biden says, how dare he?en when joe biden was coming out tonight, he praised the thensel

special counsel for coming for ne coming to the conclusio that there's no charges. but then he the special counsel for even bringing up his memory and beau biden, etc.. sog up his, you know, you bringr was this wasa. this a proper strategy in your estimation, for special counsel to dyour eo? here's a thing that joe biden, if he really he's being treatedk unfairly, if he really thinks that the special is misrepresenting joe b his facilities and his capabilities, then joe biden can order the releaside of hishe interview with the special counsel. right. apparentlyci, it was at least a two day interview and we saw a select selections from the special counsel, what joe biden is saying that he's being misrepresented. he's the president, his justice departmentg has the fullpt of transcript of the interviews. if he's not afraid of the american peoplthws.afraid oe, their judgment, well, at least the whole thing, let us see it. let e canr theyn peopl make their judgment, whether they agree with the special

counsel or not. ae i'm that the special counsel probably didn't present all the things in the interview that make the president look even worse. en e. what about the two cases you have, the biden document case? you have the trump document case. rn o is there a concern on your part, john, you that that there was different methods different target ways of going after c these two cases where you had the fbi raiding mar-a-lago, mara you had the fbi asking for permission. >> is there a difference, as you see ar here? because from the american hereemerican person perspectiv ,it seems like you've got classified documents and you've got classifiedied docu documenta and you've got a decision not to prosecute the presidentnd, we and you've got this decision, yes, we're going to prosecute the formerto president. what do you think about that? what can what can simplify it for the american people? the trace, that's maybe the most important question that comes out of this, because mtrtant quy he doesn't mean to the special counsel's report her, thee undermines jack smith's effort to prosecute donald trump for

much the same conduct which is mishandling classifiee condd information. now, what the special counsel here says, mr.. her says and he says this is the main difference, is that donald resisted cooperation with the government, whereas joe didn't. now, the american people can now,, is that reallyough to enough to distinguish the waye these two people have been treated? the most important thingpeng justic that the justice department has to stand for in our country is equal treatment undere . the law. same cases are treated in the same way because if they do not do that, the justice department doesn't do that. that's going to undermine the public'st's goin faith in lw enforcement. and what we you know,r la people depend on our law enforcement and prosecutors, and we we have to voluntarily cooperate with them in order to maintain any semblance of the rule of law in this country. and that's being threatened if you go country being after trumu don't go after biden, even though they basically committedn the same offenses. >> yeah, it's interesting >> tusse

e i wanted to to kinds. of get your take on this because, you know, we have heard many people say, listen, joe biden was a senator. thesas the vic, joe biden was e. he didn't have the right to take these documents. donald trump was the president. and the reasonnald tru, that trump resisted is because he thought, at least all his lawyers say, he thought that he was the president and he had the right to declassify and to keep these documents. does e docume that play into this at all, john, as you i think as you mentioned earlier, traister, one of the panelists e and one thing that's important here is a state of mind. to violate the law, you have to have an intent. and so you can say donald trump, look what the special prosecutor here says is trump's not case. we don't make the decision on trump. that's up to jack smit that dehh but the only difference seems to us to be the cooperation issu, e one. they don't really say they think trump had sufficient state of mind to violate the law. as you say, chris biden has actually committed violations of these classified regulations fons of thr much longer period.

i was actually quite shocked to hear that he'd been keepingqe from much longer than before he was president or viceyears as president going back to his years as a senator. there's no reason he shoul.d have that information. yeah, and that's exactly what do said. >> john yoo, thank you for coming on. we appreciate your insight weyours. >> thanks, chase. well, our next guest is callin g on members of the president's cabinet to explore the use of the 25th amendment and remove president biden from office. let's brin and g in republicanro representative from new york, claudia tenney. congresswoman, thank you for coming on. we appreciate it. breaking the news here. we apprecibreaki why it is that you think that that it's important now you to toimpn use the 25th amendment to try remove president biden from officeden from? , trac >> well, first, i just want jus to say president biden needs to be charged or he needs to be removed from office undert the 25th amendment. there isn't a middle ground here. here.and as some of your prior guests have eloquently

explained, you know, the prosecutorve eloqu has madee a reasonable case that joe biden and obviously stated that he actually mishandled, disclosed and improperlyed t uso classified materials. he then saidpeed , but, you know, wes are judging his personality and we don't thinkperson that wa get a jury to come to a conclusion on that, which is really not the standard o because he is forgetful and an old man and he actually also makes a reasonable case that joe biden can't actually stand case th trial. >> so if he can' t stand trial, he certainly can't carry out the duties of president of the united statey out s and in chiem of our armed forces. so that's why i thin k it's one or the other. you either have to prosecute him or he has to be removed under the under the 25th amendment. that is why i sent this letter that i penned thisi se evening and the breaking news to merrick garland. and so we appreciateghti you highlighting this, but this has become a long timeng embarrassing situation. everyone i talk to cringes whenever i talk .

we see joe biden on tv and he's struggling. he can't remember things. and it's you know, it's -- it's it's also shockinger thing. but john liu 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 o t there'. so prosecutors have an ethical duty not to. you know, there is there should be equal justice under law. you cannot make surelaw. distinctions because you don't like somebody whose personality and your likes and somebodbody'y else's, you know, you work for. >> yeah. rfor.>>k about the lette that you tra wrote.e lett you sent the letter, as you said, to the attorney general, merrick garland, as wellerand ci as cabinet members invoking the 25th amendment. and it readsers invo t in part g here, he most assuredly lacks the ability speaking about president to execute his presidential responsibilities. accordingly, iility to execut it upon you to begin proceedings to remove the president pursuant to the 25th amendment of the united states constitution. the 25president needs to be chad or he needs to be removed. there is middle ground. and what i was captured, you just kind of alluded"

that is the fact that you're saying there is no middle sayir. ou cha >> it's you you charge himrg with these documents or something else has to happen. but you can't say he can'ts go before a jury because he doesn't have the memory to do to put on a positiveo defense or a strong defense.l and yet he does have the mental acuity to be in the ovaloval ofr five more years. >> well, that's exactly it. if he's not competent to stand trial, which is a reasonable assessmenttrial,, which they sem to be alluding to, the special al her, then how can he be president of the united states? how can he be competent enoughea under the 25th amendment? this is exactly the momentndmen? that the 25th amendment was created for for someone mendmentreated fwho literally ct the responsibilities. >> and when you look back and se k backe some of the sensitive documents that he's had in his flimsy garaghe's hade, you know, with very little security versus what we've seen president trumversusp holding, you know, in mar a lago with the constant secret

ma wit and asng over you just said, as you distinguish before, trace the difference betweenu d, the president, the united states, who has more immunities than the vice president or a senatoited sta r, those are the reasons. and that's why you can't have it one way or another. theryou either remove him or yor you charge him. >> it's got to be one or the other. i just want to play this because this is from this is former federal prosecutor andy mccarthy, who's a contributor for us. but he talkefederaecutor mccart amendment today to me. i want to play25amendm and get your quick response to this. quic as you read the report. i can't help but say it sure looks like there's enough here to invokkse the 25th amendment. >> and i know that's nott what h what you know, what he's looking at, what his purpose is. >> but, you know, his fitness for office is a major issue thin. >> yeah. the interesting thing there is mark tyson, who was down , is eyeight hand cornermarc thi congresswoman. his eyes kind of lit up because he knows that mccarthy juss kint doesn't say things nilly. and he mccarthy is very het outkinds d very though

when he makes these kinds of comments. so it says something. your final comments on this? >> yeah, i agree. a and i wish i hadgr seeee an itla earlier. nd i didn't realize that andy mccarthy had said that, but he's obviously a respected gal legal mind. >> look, this is really emportant that people se that we treat all justice the same. and it's really importanthe samo that they don't see one standard for another and one for another person just because, as they said, their personality or or the position they're in. and that's what th.e people on, we rely on our equal justice. and that's something that is revered in our system. and so i'm hoping that merrick garland follows through on this and talks to the cabinet tas and we and we: we w follow through. >> yeah, we will see if this gains any tractionill see if ata >> congresswoman, wen, apprecia you coming on the show, as always. thanthe shs alwaysk you. s >> thank you so much, trace.o mu meantime, a livech look at trump headquarters in las vegas wherea the former president it trspeak expected to speak soon. >> just moments ago, the associated press projected that he won tonight's caucus. and lauren greene is live on what we'r

e likely to hearat in his remarks. lauren, good evening. elyhey, good evening. well, as you said, the associated press projects, all 26 delegates in this week's second republic, a republicanda presidential contest. the nevada caucuses tonight will go to former president trump. doors just opened moments ago e doors jufor launch party in ls stere we expect to have him give strong words in response to president biden's remarks tonight. e fo now, the former president, donald trump, is the only major candidatdonalde participating tonight, along with a long shot candidate from texas businessman and pastor ryan binkley. here is a live look again at trump's nevada headquarterspa ,a state where he enjoysst a wide base of support while ate whhe appears to be the leadg candidate for the republican nomination. trump's teamadin not appear to e taking anything for granted, ans at ais supportert rally last month in las vegas to make a big show of supporegae on caucus night. and that appears to be exactly

what they did tonight. they did talso said they shouldt the state's primary, which wase held on tuesday. >> but his supporters had another idea b . rs had while trump was not on the ballot, voters had the option to choose t none of these candidates. many of the former president's supportersmany o showed up to ce that option to deny nikki haleyc a symbolic win. trump took aim at haley w in remarks today. >> i don't know why, she continues, but she's a,don't you know, i don't really care if she continues. reit's -- it's i think it's bad for the party. >> i think it's actually badk io for her that we will continue k to we to keep an eye on the watch party in las vegas where we are awaiting remarks a and what's likely to be a raucous response from former president trum rp to the president's address right now. k >> lauren greene live for us in new york. lauren, thank you. coming up, continuing coveragea. of the breaking headlines tonight surrounding the two leading presidential candidatets . 20uld be a pivotal night in the

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bottles. get your risk free bottle of relaxium sleep now guaranteed to work you your money back. visit trie relaxium dot com or call 800 8064851. that's try relaxium .com or call 800 8064851. >> continue our breaking news coverage. now let's bring in trump's >>t chieffense departmen of staff, kash patel. kash, i want to get your take on some of this. not youromew this is president biden comparing runs about 26 seconds. this is him comparing thism e to the former president's document case. and i'll let you respondt's doc >> i was especially pleased to see special counsel makethe t clear the stark distinction in difference betweearann case and mr. trump's case. the special counsel wrote and i quote, several material distinctions between mr. trump' s and mr. biden's are clear, continuing to quote, most notablyse and after gettin, in multiple chances to return prassified documents after to ad

prosecution, mr. trump allegedly did di. opposite mr. tru >> what he's saying, kash,e is so nhat the former president's is so nefarious and his is relatively innocent. y hey, trace, it's great to befor with you and apologize for the background noise. i'm here at trump hq in nevadatrum for the victory party. but look, the former nationalpa. security prosecutor and public defender, i never got to walk my client intot to wal court ans oh, you know what? his infirmity is a defense. , oh please don't charge him. or he returned the proceeds of the crime of the in fair d and appropriate fashion. don't give him the bank robbery charge. there is a drastic bank ro diffa here. let's look at the linear case. president biden, before he was president and did not have presidential privilege. tial pri, totook 40 years worth of documents that were classifiedent that, 115 identifd by special counsel. cia at the top secret by level or higher and in three different locations. it doesn't matter ifem he returned them or not. and the gross is presidents trump a presidential privilege, which still has yet to be decidepresidenege whicd, the su.

so the cases could not be more alike in terms of legality, but different in terms of how the law was applie d. >> yeah, i want to play thissoun out, but this is carrie cooper. she wad bis on me today and sheb talking about, you know, what she believeous are still significant allegations against the presiden signifit and his documents. >> watch. why did anyone need classifiedng information once they leave office? certainly, this report is embarrassing fo leave r joe biden. and again, interesting that robert her did say that he they found that he willfully retained this classified informatioeyn. >> yeah. it wasn't just like, oops, had no idea they were there. he willfully these things for a very long time cash. lookin g the espionage act which i prosecuted underneath doesn't necessarily prosecutora s if you intentionally take classified documents that illegal you charge it. you don't consider whether that jury maer they may not agre with you. a charging decision must be uniformly applied across. we s the doj. what we see here is a two tier

system of justice for syr political justifying the means. and she was right that intentionad shl. remember what the hillary clinton treatment told me created a new distinctionw dn and said she was quote unquote reckless, which didn't matter because she took was that and he or n joe biden took them and he has no presidential immunity foreres it. and so and there's a destruction of evidence. let's not forgetestructi, ghost, when president biden came to the podium tonight to address the americao the pon, you know, he said, oh, he didn't know he blamed his staff, but he hired a ghostwrite ff.hostwritr to write a book, issued recordings about the classified documents issue e and destroyed that evidence. and not even he was charged. it's a quote that goes >> tra that goes to judges marks monitor. >> and yeah, that came u, as pt 38 as well in that 388 page report. now to the supreme court case today. and here's justice john roberts todag about whether president trump, whether colorado can legally keep him off the ballot. >> justice roberts, the chief justice, had some veryllot skeptical remarks about it. >> watch a goodlcal remay number of states will say, whoever

the democratic candidate is, you're off the ballot and others for the republican candidatee, you're off the ballot. it it'll come down to just a handful of states that areof s going to decide the presidential election. that's a pretty daunting consequence. >> another good thing for president trump that happened in the supreme court today. yeah, i think constitutionally f founding fathers were brilliant. these types of political questions are left to beant. adjudicated at the polls, and the 14th amendment specifically prescribesct o the conduct of insurrection to other officers, notinsurrec the president, because the president appoints every officer. he is not one of them. and i think john roberts and the founding fathers got thiserts and right. the states do not have the authority. and here's the most important point. authorits not been the charged with insurrection is not being and we just lost cash. battlet , cash.uld lo if you see the former president, bring him to that camera. we'd love to talk to him. let's brinveg in reform, former california chairman and state assembly candidate carl demaio. carl car, it's to have you on h.

you look at this case, 388 pages. we're talkinl.g about with cashs but i want to get you on the political aspect of this, because not the legalitiesno. there is a lot of important political news that came out of this today, primarily whene you had the special counsel saying, you know what, the president is getting old, he's losing his memory o, and this is something that is going to be a headline in thiso campaign for the next nine months. >> i think, you know, amongs tht a political observers, they're going to fixate on, you knowoing, what does this men for biden? >> i think people need to question what does it for sig the american people? do you think people sitting back at home are thinking three things? number ee thi, there's a doubles a standard. >> clearly, trump is being treated differentldoubledn joe biden. hillary clinton was treated differently than donald trump. >> so it's hypocrisy. second, you've got a presidentss who's not capable of doing the job very clearly. >>b, very and third, the queste to be asked, who's running the show? >> who's actually running our government? because it's certainly notvernm?

joe biden. the guy doesn't know where he is from day to day, not yo the capacitfrom dy that theyd this news conference tonight. that's that's a one. you think that was a bad decisionad to hold this news ton conference tonight? >> absolutely. it was an epic disaste?>> absr. sure. and it illustrated all the all the problems that the illuhel is raising, that this guy probably is incapable of being with a crime. he's incapable of being charged with a crime. e, shouldn't he be incapable of serving as our president? >> yeah, i want to putpable of this up on the screen because this is the report. it's under elderly man katie. it's called for number three. and it says, quoting here, mr. biden would likely present her himself to a jury, as he did in our interview of him,sympat as sympathetic, well-meaning elderly man with a poor memory . and you think, oh, that's kindai of a that's a slam. and joe biden says, well, how dareden sa. >> and the white house says, how dare they? but the truth of the matter is, every time you hear the president talk, everybody is going to be ultra on whatever he says, every word he says. and wheny wo he things that we r

are not true, when he goes down to the bar or when he talke goe about the border and he says this is now donald trump's fault and maga fault. and you know, that's absolutely not true. t, andand the lion's share of as knows it's not true. itk. g ones you thin >> is there something else going on here? well, clearly, joe biden probably doesn't know. >> h. 's just he's just reading off a teleprompter, reading from his notes, confused each and everoff ay day. >> but the american peoplethe are asking what isam the impact to us in this presidential election? and let me say right nowpreside i think the border is the paramount issue, securing the border , a national security threat. >> it's also about, you know, traditional illega.l immigration ,the financial burden to taxpayers and the unfairness the humafinancian, the fact thas and boys are being victimized by the human trafficking. but ultimately, we're seeing a national security threat natiy threate detf peopl on the terror watch list that are being detected and detained coming across. ple it is very simple and very clear. in a 2024 election, if you want a secure border, you got to vote for donaldur.

>> you got to put him back in the white house. we will not get a secure border with and frankly, with any other republican presidentia l or democrat presidential candidate. >> it's got to be donald trump. if presidbe donal want that secureo i got to go. but how long before the gop how long before the trump campaign puts out an ad with, you know putt an, joe biden, fog that six or 7 million illegalcon immigrants came into this country over the past three years, there's got to be somethintr tg on that. t they're going to play on it. you know, they're going to forgetting and of course, blamin>>ing opponents while wenw are we are literally funding with that bill that wa s proposed earlier this week. >> we are funding the human a traffickinre fung of these peop. that's what that bill did. it didn't build a wall. it didn't providd e real security. most of the monee y of the 18 billion to 20 billion on border security went to funding energbillio oy. atin >> those who are facilitating human trafficking. yeahhutraffick, it's mess. >> call them out. great to see you. thank you. well, breaking news coverage continue s the break as we awaitrmer p former president trump's remarkres. a cauc it'll be about the nevada caucus first, but you know,

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at las vegas. those are trump headquarters, wr vegas, where the former president will speak soon. not exactly sure exactlye nt win he is going to come out, but we can tell you the breaking news, of course, is that the race hasm been called for trump. it's not a surprise. and he will takep.ot a sur 26 ds there. and of course, the next move,neb the big move is on to south carolina, where he will go head to head with nikkiigna where ka. nikki haley, it's nikki haley's home state, but the formerey's y president is up by 30 there. when he speaks, we will bring it to you live. meantime, let's bring back john yu, stephanie hammel, kaitlyn, maggie white and carl demaio to get final thoughts on this. fii'm wondering first to you, john, you if you look at the report issued, robert, here do today. do you think it wasyo more damaging to not charge thep the president or more damagingre to actually put thosey allegationputs that the president is losing his memory, getting older, etc.?

>> what are your final thoughts on this report? tracy when i first looked at that report, i thought, gosh, maybe biden wouldave hi be charged rather than having his mental fitness questioned. but think about how the day started. we started this day with supreme court wharted. started arguments about whether donald trump should be disqualified fromet should running for prese the supreme courmet under the 14th amendment. and by the end of the day, what are we talking about? triggering wha the 25th amendmet to see if the cabinet and majority the cabinet should remove president biden because mentally unfite? think about this huge political disaster. disastern house.bide caitlin mcgee, why to you? you wonder. you know, i know you cover politics, but you wonder the road out, the pathway out fo roaout, ther, the biden admin for the biden campaign. what is what are the nec do? foe they keep dealing with this issue or do they forget movet about it and move forward? >> well, it's clear that biden doesn't want to forget about this issue. he's feeling the squeeze. hee was the oneinsist

who insisted on this press conference tonight. and you could seede way that het was lashing out at the reporters and he was visibly frustrated. granted, he's not used to staying up past 8 p.m., let alone taking on vetted questions from the press. but you could tell that he was l upsealone tass.t about his menty being questioned and also about being thrown under the the bus by his own justice department. so he's feeling the squeeze real here and it's really a question of what the biden campaign decides to do. movingy estion forward, which ir question, stephanie hammel? >> what do they do to movewhichs forward? how do you you know, how do you reconstruct your guyng without bringing this topic up again and again and again? yeah, i mean, this is just an iu incredible day for former president donald trump, right? as john hapresd mentioned, it started off with the supreme courd offt and their skepticismr the colorado ballot case. then we move on to this with biden coming out, giving this press conference i mean,ay i will say my jaw was dropped the entire day over the series

of news that came out like i'm still kind of likeey in shock. but as for how they go forward, i mean, they're going to havto e to sit in a room and really, really plan this out becausey pi their strategy before was to keep him in the basement. and m i think they're goingrl. to try to get karl tomorrow. >> everybody's going to be lookins going at his watch evere at it. i think that those of us o who may think of a conspiracy may be thinking that democrat elites are nowconspi prepping te biden off the stage. and maybe this was the wayat. they're going to facilitate that. i think they have a backup candidate. i thininthey have k it's going n newsom, maybe michelle obama. we shall see. michk you all. thank you for watching. america's late news fox news tonight, i'm trace gallagher . >> we'll see you back here tomorrow. what is going on on american campuses and what do our enemies want to influence? they want to influence the thought processes of our kids. if you see someone's pronoun the wrong way, you get kicked out of college. the jewish kids are hiding in their dorm, too afraid to go

to class. from the river to the sea. palestine must be free. that was allowed to be sat on campus. how did we get to this point? and can we stand up to it? poison ivy with pete hegseth streaming now on fox nation. sign up at fox nation .com. ladies and gentlemen, it is the moment we have all been waiting for. super bowl 58 is finally here and we've got ourselves a rematch from just a few seasons ago. we're talking about the 49ers colliding with the chiefs. it's good to have you here. our and lots of you. this man is joined at la. we are from draftkings. george, what do you think? people at home watching this right now need to know about seahawks. six consecutive times we have seen the kansas city chiefs in the afc championship game. now the fourth time in that span they'll go to super bowl. they're two in one in the previous three. obviously bested the niners a few years back, a few years back. >> and if you remember against the eagles, they were underdogs and closed underdogs in that game last season. goodness, who won that game? they have been tremendous historically as underdogs.

this kansas city team, you go back over the course of the last six years, they are now over 90% against the spread. when as underdogs. >> the line opened in this one as 49ers, two and a half point favorites and has since shortened a bit. so with the niners remaining the short favorites in the super bowl favorites pretty good all time. >> 35 and 21. while the spread is a little bit tighter in a game like this, you're generally betting a winner when you bet spread in the super bowl. you want to look. the team that has won the super bowl is 47, seven and three against the spread. >> all done. >> now, let's talk historically here. looking back, it's been titled bowls, nfc 29 and 28. so a slight there. but we want to look recently the last ten seasons, the afc has been dominant, afc seven and three against the spread in those games. all right good stuff jones 49ers chiefs it doesn't get much better than this first ever super bowl in las vegas. >> let's go new customers on draftkings sportsbook and bet $5 in pocket 200

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