when migraine strikes, do you question the tradeoffs of treating? ubrelvy is another option. it works fast to eliminate migraine pain. do not take with strong cyp3a4 inhibitors. allergic reactions to ubrelvy can happen. most common side effects were nausea and sleepiness. ask about ubrelvy. >> joe! our studio audience. i'm greg gutfeld and i love you ame america! >> good evening and i'm kevin in for trace gallagher. 11:00 p.m. in the east and 11:00 here in the east and this is fox news at night. breaking to night the white house in damage control after the disastrous special counsel report that called into question

president biden's mental acuity and the press conference seemed to add fuel to the fire and now there's more concern about a two tie tiered justice. where one president, biden is not held accountable while another former president donald trump faces 37 counts of what most see as similar offenses. >> good evening. the white house appears to be in clean up mode after robert hurs investigation says that president biden will not face charges and he said he's especially pleased to know the stark difference between this case and mr. trump's face. >> special counsel and i wrote, several material distinctions between mr. trump's case and mr.

biden's case. after being notified to return classified documents and mr. trump allegedly did opposite. >> also in special counsel hur's findings president biden is described, as well meaning elderly man with poor memory. here's vice president kamala harris. >> the way that the president's demeanor in that report was characterized could not be more wrong on the facts and clearly politically motivated. gratuitous. >> in the meantime former president donald trump said the outcome of the special investigation is yet another example of how he's being treated unfairly. >> we have a sick and corrupt two tiered system of justice in our country. as an example it was just

announced that joe biden his department of injustice will bring zero judges against crooked joe despite the fact that he willfully retained, willfully retained ultra classified security documents. >> and trump continues to fight back and has pleaded not guilty to the charges in his case. kevin? >> christina coleman, thank you. see you in a bit. we want to bring in the direct of the independent women's law center and judicial watch president tom fenton. >> want to play a sound bite here. this is donald trump and i want you to react to the comparison as they talk about how president trump sees this and how the white house is spinning how they view this as a big difference between the two presidents. listen to this. >> if he's not going to be charged, that's up to them, but

then i should not be charged! this is nothing more than selective persecution of biden's political opponent, me. >> republicans in congress and elsewhere have been attacking prosecutors that are not doing what republicans want politically. they have made up claims of a two tiered system of justice. >> you know here's one thing that people are going to say about this. they are going to say first of all joe biden did not say i was a former president. you are not allowed to have this. you can't make the argument this had something do with the presidential records act. what was he doing with the documents? >> as a senator he had no right to classified information at all. the presidential records act and what's interesting about what hur said, he said president biden has a plausible defense

that he thought these records were his. they were personal even though they were allegedly classified because the prior justice department issues with the reagan diaries was that a president with records after he leaves office nobody can second guess if they are government or personal. including that information so i think president trump is right. he should be dropped against him because he had that defense, as well and the justice department and the archives came in and said, those records are ours and that wasn't true based on the justice department president and legal decisions that were guideing the justice department that they had asked for in the clinton sock drawer case. >> tom makes a great point. i'll get you to weigh in. tom makes the point you can argue that you could look at

what happened with obama and the battles with the archives and what happened with reagan or the bush administration. this is par for the course. what's different is the battle with the archives led to several charges. this is from the hur report talking about the differences here. mr. biden turned in classified documents to the national archives and the department of justice consented to the search of multiple locations and he sat for the interview and cooperated with the investigation. the argument there is that donald trump took great um... bridge that he needed to do this. what say you? >> cooperated? we have joe biden saying i found the classified documents in my basement. in 2017 did he turn over classified documents in 2017? no. he didn't. then his ghost writer went and deleted the classified

information that the ghost writer had once he found out a special prosecutor was brought in. so i think that's the opposite of cooperation and more over, that whole thing doesn't make sense because president trump had the authority to deem documents his, and that's what he thought, verses biden kept the documents despite obama. he was trying to build a record that he, biden, knew better than anybody on afghanistan. >> this is the kind of argument that we love here in washington because we can pick apart the long history of this but it's fair to say i think that this puts the legal arguments under a high intensity microscope. thank you both for being here. as you know if you have watched fox news i have covered the white house for several years and it might appear they are cherry picking the findings of the special counsel.

they want you to believe that president biden should not be prosecuted for storing classified documents. on the other hand they're saying don't believe the special counsel report that says he's an elderly man with poor memory tonight liberal media outlets are squarely in mr. biden's corner. >> despite daily golfs including more last night during his nation-wide address many of the mainstream press are rush together president biden's defense willing to ignore what's painfully obvious to many with numerous ed lines exploring getting on to counsel for even suggesting this about the president. and mayor garland for the press special tone. >> he's sympathetic well meaning

elderly man with a poor memory so really it is sort of nasty and snarky if no reason. >> somebody has a political piece of bad news woven in hand and that's an attacks on him. it's a perspective shared by many members of the view. some had no problem cheering on biden from the cheap seats. >> this is about binary choice between evil and good. moral and immoral. [applause] >> i hate it. >> that's why you need the best fighter. >> still while most in the press seem reticent to criticize his performance others are sound the alarm with the atlantic blaring, biden's age is now unavailable. joe biden looks like he's turning into a statue of joe biden. >> let's bring information it will co-washington reporter joe

and sara gellner. i want to talk to you first dan. this is interesting because in the piece the media were like, this a bridge too far to suggest that he's feeble. if he's not then maybe there should be charges. listen to how the press reacted yesterday. take a look. >> they are trying desperately to spin the document biden disaster. >> mexico? mexico? where did that come from? i mean that's the only thing anyone is going to remember from this. he was exonerated here and i think it's an easy call that he was exonerated. >> the man is 80. >> i'm a biden supporter and i slept like a baby last night, woke up every two hours crying and went back to bed. >> your reaction to how the press reacted.

you heard president trump say they are trying to say he's somehow not sharp enough to be charged and yet at the same time saying this guy can ride a bike. what say you? >> it's quite something when you have "new york times" editorial board which is usually pro biden saying, this is a real issue and he has to do more town halls and to reassure americans he's okay to serve for another four years and dispel the doubts of this special counsel. >> this is why i wanted you on sara. as somebody that handled strategy like this i would think it's malpractice to stick him out there. but that's another argument. my question for you is, does it help to get him out there to demonstrate, yes i am sharp and lucid and i have all the quickest in i need to be a great president or do they continue to do the basement strategy and

keep him away from the press and the bright lights. >> it's the basement strategy but it's different when they have communications people trying to wheel it back in all the time. from my experience you kind of have to keep pulling in. it will make the voter, so upset but you have to let it be and then reel him back in. it's not working. >> this is from the "wall street journal" editorial board. it says tipping point on biden's decline. the fault also lies with those in the white house for coverage for him. he rarely gives one-on-one media interviews and declined the softball a fair and the traditional pre-superbowl interview. the white house does not trust him to make a statement on aid to ukraine or israel. his public appearances are typically scripted and when they

are not he confuses people. >> they are really hoping that if he gets convicted of a felony that will wipe away what happened yesterday. it's something when you have a president and the most powerful man in the world is being shackled by staff. biden said i want to get out there more but his press aids are very cautious and even yesterday when he made the comment about mexico and egypt, he came back to the podium and then made that mistake. he should have left and not took the reporter questions to leave himself up to a catastrophic error. >> 15 seconds sara? >> a blund sear mistake and anything else a disappointment in the pattern. >> that's the real pattern for this white house. let's continue with this story. 15-year-old migrant accused of

shooting a tourist in crime square after a robbery gone wrong is in custody concludeing a man hunt from late last night. here's maryann with those details. >> that suspect is in custody and new york police are putting would be criminals on notice. the suspect is a 15-year-old venezuelan living at the stratford he tell. when it comes to crime they don't care about immigration status. they'll give you a new status, criminal and they will go after you and your new residence will be jail. >> if you think you can put others at deadly risk and get away with it, think again. we will never stop pursuing you. we will find you and we will arrest you and then, we'll do everything in our power to bring you to justice. >> according to police the teen

entered the country in september and was in possession of a 40 caliber handgun. he's accused of firing at police. officers were not hurt but they could not fire back because there were so many bystanders. the tourist that did get shot is expected to recover and the nyp has new shocking body-camera footage on a tack on officers in time square. alvin brag has indicted seven migrants on felony charges. police are searching for three suspects and at this hour only one migrant involved in that attack has been locked up. >> we'll see you later in the show. we want to bring in staten island resident salvador and fox news contributor bob morrow.

this is a sound that may innate fur rate some. let's listen to kat about what your immigration status means if you belong here or not. we'll get reaction on the backside. >> this department doesn't care about your immigration status or where you are from. when you are here in new york we'll treat you like new yorkers and our goal is to keep every new yorker safe. now with that being said if you break the law your new status is criminal and we're going to go after you. >> saul? he says if you haven't committed a crime we may not go after you or frankly if what we've seen is true, they won't go after you. your thoughts on what that means for the city? >> my thoughts are actually, you

know, they did this in cuba and destroyed country there and they will destroy our country. mayor adams can change this whole thing with a pen. he can unsanctuary our city and bring our ice patrols back in and get rid of the garbage that was let in over the border. they are only here to keep taxpayers paying for them. >> when i listen to saul and other new yorkers, as you know i lived in the city, the frustration is palpable and it is beyond infuriating when you love a city as much as new yorkers love new york and you see it slowly but surely falling apart. >> yeah, it really is depressing because we made so much progress over the last 25 years and to see it slide away through an ignorance of history and some sort of naive belief in progressive policy is too bad. what is the message to the world

when a brazilian tourists gets shot in this situation. what we're seeing here is sort of peak pro agree save is from all the criminal justice reforms including the white house reforms relative to the border. you have this permissive attitude towards immigration and migrants coming into the city and we're giving them housing and food and credit cards, et cetera. at the same time the police are being ham strung by the city council and legislation in albany. you have proses that don't want to prosecute. it is a perfect storm of conditions that shows what happens when you take your foot off the pedal regarding law and order. all this is coming together and unfortunately this incident is sort of a metaphor. let me make a point. these folks are not going back. you know in cuba, 1980 castro

did the same thing. he said no dais. madeira is not taking these folks back either so they're here on a one way ticket to get used to these kinds of stories. >> i want to share this sound clip from sam medina. >> she was my everything. i did everything for her and now i feel like, you know she's gone. she's still my mission and the mission for me is to bring her justice. she didn't deserve any of this. she didn't deserve anything that happened to her. >> 15 seconds and wrap it up for us. >> it is a shame. you know, we're being, they come to our country and they are not here to help us. they are here to destroy us. i feel sorry, our citizens, our children. this is their future.

our politicians, we need to remove new york from being a sanctuary city. we need to get back on track and they have to be deported back to their country. they are coming here pregnant and having babies here. right? not as citizens. how do we send them back? >> well that is certainly one of the biggest challenges because as you probably know once a child is born here they are a citizen and they have to be cared for by a parent which creates what they used to call chain migration. gentlemen, i appreciate you staying up on friday night talking about this very important issue. continued success and safety and health to you and your families. thank you gentlemen. coming up, calm schools now have to pony up for lessons that were, well, lost and learning that was lost during the pandemic. we'll tell you about that coming

up. later a new scene from the hit series the chosen is proving to be quite controversial and we'll tell you why. the preparations for the big superbowl coming up in vegas and taylor swift plan's for the big game, in case you care. stay tuned for tonight's nightcap. joe biden is not going to do the pre-game interview but former president donald trump said he would be glad to. do you agree or is there somebody you'd love to see interviewed at the superbowl. if so, why and who? let us know on x and instagram at fox news night and we'll weigh in and read some of your responses later in the show. meantime it's 11:21 on the east coast and time for a fox news at night trip across america. we begin with a look at wildwood, new jersey, with a national marvels tournament takes place every june. who knew? next up texarkana, arkansas the

only federal building that sits between two states. you can take a picture of the courthouse with a foot in arkansas and another in the great state of texas. then a look at the emerald city where bertha lands was the first city's mayor back in 1926. she's the first female mayor of any major american city and that's notable if you can't join us live don't forget to set your dvr and watch us anytime. whether it's kevin or trace, or anybody else. we'll be right back. ♪ limu emu & doug ♪ ( bell ringing) customize and save with libberty bibberty. liberty bushumal. libtreally blubatoo. mark that one. that was nice! i think you're supposed to stand over there. oh am i? thank you. so, a couple more?

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>> we are back.

welcome back. 27 minutes after the hour. first up in the real news round

up critics calling san francisco racist for it's guaranteed income programs doling out millions of taxpayer dollars to minority groups based on race and gender identity. the lawsuit said this violates the state's constitution. >> at first i was disappointed. >> >> the slave thing is a bummer. >> republican a recommendations by the way so ya'll can stop e-mailing me and saying i'm a white girl and don't deserve reparation. >> she was upset to learn one of her ancestors was a slave owner. the bible based series the chose sen the subject of a heated debate among viewers saying a scene in the recent episode

doesn't show the main character of jesus but dallas jenkins the director told a christian news outlet that viewers need to remember that everything is in context and the season is not over yet. now this from the golden state of call foreigns you schools there are required to pay up to try to make up for pandemic era learning losses after parents sued multiple school districts and we're talking about a massive settlement. two billion dollars. one of the largest education related settlements in the country's history and apparently it will be used an among other things for tutoring services. we'll bring in the american federation and parents defending education president nicole neily. this is a story that the first thing that pops into my mind, my friend, i think if there's going to be 2 billion floating around

it will probably end up in lots of places and it probably won't be going to tutoring. what do you think about that, corey? >> look. well the teacher unions are winning stupid prices right now. they were lobbying the cdc and now they reap what they's ew. this money is meant to educate the children not to protect the teacher's unions. the best way to fix this problem is for parents to go to the capitol and peacefully tell legislators they deserve to take their kid's education dollars to a private school that wants to do a better job. the california public schools they spend over $20,000 per student per year and what do they do with that money? they pass woke kindergarten that leads to declines in test scores and they focus on indoctrination

and not education. >> we'll have more on this topic but i want to move on to nicole. dartmouth is reinstating sat and act scores and it's drawing attention to the role of standardized testing. this is from the national review. it says something about the evidence free ideology heavy mentality in colleges and universities that so many institutions ditched a taol for recognizing excellence in disadvantaged students because they believed they could persuade everyone else the test was not fair contrary to what the actual evidence said. nobody is arguing that college admissions should be based entirely on the sat or any other test. this is something a lot of parents are upset. it's unfair if my kid does well on this test why wouldn't they be able to get the best seats in a school.

verse not testing at all? >> teachers unions don't like teachers unions because tests are accountable. i've seen the kind of garbage that happens when they don't have something to teach to and that worries me a lot. things like the will sat are a good correlation for success in law school so this is good and i'm waiting for more schools to bring it back, as well. >> i'm with you 100 percent on this. first nicole, this is interesting. seattle schools say they will teach lgbtq history a bill passed the senate and it's under consideration in the house. is this good and smart and wise? or is this wokeism run amuck? >> i think our kids need to learn abc's before lgbt's. >> corey? >> they can't even get u.s. history right, why are they

focusing on variations of it. we have 13% of kids in the united states proficient. let's do that first. >> thank you for spending time with us here on a friday night. superbowl is kicking off in about 43 hours from now and one of the biggest story lines is will we see famous girlfriend of chief stand out travis kelce at the big game? are we going to see taylor swift? material fin reports on that and more tonight from las vegas. >> kevin, the sheriff of vegas says he feels like the city will handle the superbowl so well that there will probably be more to come in sin city. the superbowl is expected to generate more than $600 million in revenue and 330,000 visitors are expected. the odds makers are currently favoring the san francisco 49ers. caesars said the single most

popular vet right now is a travis kelce touchdown. we talked to some of the fans today. >> what bets are you playing? >> just the overall game. >> not bets because we don't have the lock but i'm confident. >> the niners are slightly favors. >> how does that make you feel? >> of course, great. >> how many bets have you placed? >> small ones. who will get the first touchdown and the coin toss and all that. >> who's going to get the first touchdown? >> george kiddo. >> there's a lot of buzz where travis kelce's superstar girlfriend taylor swift will make the game here after performing in tokyo on saturday. i asked travis kelce if all the attention on his private life is a distraction and how he stays focused? >> it's no different. it might be a national media scale so it seems like it's harder but in the reality, man

when i step on that field i'm focused on championship football and being a kansas city chiefs. >> all fun a side the super inteel level one national security event and multiple agencies including the fbi have participated in the planning and logistics and we're told they can scan vehicles in and around the stadium here in vegas. >> material, be safe my friend. more on the mental acuity of the presidential candidates. you know joe biden, donald trump and we'll talk about a brand new warning for those looking for love apparently in all the wrong places as valentines day is right around the corner and that includes the internet. first a live look at chicago. my folks actually met there. that's where the brownie was invented back in 1893. we're back with more after this. p

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>> 40 minutes after the hour. thanks for spending time with us here on fox news at night. the state department is reiterateing a warning for americans looking for love this value energy type's day possibly in all the wrong places. christina has more on that story. >> hey, kevin. over the last year the u.s. embassy in bogota, columbia has seen online dating apps typically foreigners to rob them. they are aware of eight suspicious deaths that appear to be voluntary drug overdose. in a statement the embassy said criminals use dating apps to meet in public places and then later they assault and rob them. the "wall street journal" said a minnesota man went on a date

there and called his loved ones telling them he had been kidnapped and held for ransom. he was found dead the next day after he was tossed off a cliff. just a horrible and awful situation. there's been a whopping 200 percent increase in kidnapping compared to the same time in previous years and violent deaths of foreign visitors jumped by 29 percent and most were u.s. citizens. the u.s. state department is urging people to follow their safety guidance. >> when we update our travel advisories or add specific information to them, in this case dangers around cyber presence and online dating. it's rooted in circumstances on the ground and something we take very seriously. >> u.s. embassy officials are also warning people to be very

careful using dating apps in ja may candidate and king'ston as people are getting robbed there, as well. >> super tough times. let's get back to the mental acuity story of the presidential race between joe biden and former president donald trump. the pastor of first baptist church of dallas, pastor jeffers joins us now and i want to begin by showing this graphic. it's instructed and then after that i want to get your take on it as we share just a bit of what we saw from last night's press conference. this poll i think is interesting. it talks about moderate and major concerns about the mental and physical health. of those polled 76 percent say yeah, i have major or moderate concerns about the mental and physical health of joe biden compared to 48% concerned with

donald trump why do you think that is? >> they are talking about reality. i had the opportunity to visit with president trump last week at mar-a-lago and i have never seen him as sharp, focused and energetic as he was in the whole nine years i've known him. what a contrast i couldn't help but notice between president trump and the train wreck of a press conference biden had last night. the american people are noticing this contrast and i'll make a prediction tonight. i believe in the days and months ahead we'll look back at yesterday as the turning point in the 2024 election. the damming report from the special counsel in the morning coupled with the disaster that is biden's press conference will be the rocket propelling trump into office. >> i think i speak for most americans last night was kryping worthy watching.

you had to be at the minimum concerned. here's part of what we noticed last night as the press tenth once again tried to make his way through his remarks at the white house. >> the rosary he got from our lady of-every memorial day we hold a service, initially the president of mexico did not want to open up the gate to allow humanitarian material to get in. i talked to him and convinced him to open the gate. >> look. i don't believe this is a numbers game. i think there are people in their 80s that are sharp and lucid and president trump himself is in his late 70s but i do believe there are great concerns tonight, pastor, and i think last night heightened that. >> well i think so. look. we're not trying to be cruel here but people want to have confidence in their president. i remember the four years trump was in office and i had the

honor of going to the oval office. many times i watched him preside over meeting and take questions and negotiate. kevin, every time i left the oval, i said a thank you to god for letting a capable leader like trump be our leader and sit behind arr resolution desk. people don't feel that way with biden. i feel like they feel like they are watching grandpa shuffle from the sofa to the bathroom. people are scared he's going to fall and people don't want to see that in their president. >> they don't and the special counsel report that has been criticized as being political when you know he was just making an acknowledgement of what he saw but what everybody else is observing is that there's reason for concern. we wish the best for our country but concerns are there

nonetheless. pastor jeffers, thank you for so much for your time and have a wonderful weekend. >> great to be with you kevin, thanks. >> first up in tonight's viral videos a nonprofit group dedicated to preserve the iconic red rocks park they gathered 50 pounds of gum under the seats last year. a volunteer with the friends of red rock said gum is not admitted in the amphitheater and there's no way to enforce the rule making a sticky situation. the police office in florida reported to a rogue kangaroo stuck hopping around a pool area. the animal was eventually rounded up and the sheriff's office said they had a proper permit for the kangaroo to have it's a pet, so there. and a reminder if you have a viral video you'd like to share, do that and find us on social

media at fox news at night. coming up, so question, who would you like to see do a superbowl interview. biden said he'll not do it and trump said if he does it viewing will be through the group. that's on fox news night and the nightcap is next. p

>> running short of time but we have a nightcap with our crew tonight. christina coleman and dr. jeffers and corey deangelis and nicole neily. president biden is not going to take part in the annual superbowl interview. donald trump said he'd be happy to fill in. that probably won't happen. we want to know if it would improve viewership. if not who would you love to see? christina coleman? >> i would like to hear from trump. i never know what he would say and i think it would drive up ratings. yes. >> maryann? >> i agree with christina. people want to hear from him. >> corey? >> yes. it's not going to be biden

because he knows he'll fumble but maybe he'll have the president of mexico fill in for him or maybe someone that won the nevada primary. who was it? none of these candidate? >> that's pity. nicole? >> i want answers about the health organization. >> doctor jefferies? >> years ago trump said if you promote earlier you will get huge ratings. bigger than taylor and travis put together. >> next time i do the show you should come on. let me share the poll. we asked in our nightcap poll would trump improve viewership. on x 87 percent said yes. on instagram 86 percent. this is ya'll weighing in and we wanted to know what you thought

and who would you like to see? nick says, senator john kennedy. the lines he comes up with is hilarious. >> true. he's awesome. mark mayor says dolly parton will tell it like it is. kevin says matthew mcconnaghey. >> i love that guy and tommy said i say interview singer taylor swift because we want to know when she thinks travis kelce will pop the question. that's not a bad idea. thank you to the night crew and thank you for watching america's late news. i'm kevin court in for trace gallagher and he's back on monday and we hope to see you then. that can deliver remission and visibly improve damage of the intestinal lining. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. control of crohn's means everything to me.

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