nexium 24hr prevents heartburn acid before it begins. get all-day and all-night heartburn acid prevention with just one pill a day. choose acid prevention. choose nexium. we're out of time thanks to guy benson, kenned i did, paul mauro kat timpf, fox news at night with dreamy trace gallagher is next. i'm greg gutfeld, i love you america. >> trace: good evening i'm trace gallagher, it's 11:00 p.m. on the east coast 8:00 here in los angeles and this is america's late news, fox news at night.

we've got some breaking news coming out of sterling virginia tonight. this is a house explosion. we want to show you some live pictures if we can put those up and then we're going to show you some video of kind of how this thing went down. do we have that? here are -- is this the video or the live pictures on this? so this appears to be -- this is the live pictures. this is in sterling, virginia which is a suburb of washington, dc. they just held a news conference moments ago, that news conference just ended, but this one was serious. we're talking about numerous people being injured, and we are hearing the possibility of one fatality. this is now videotape of what happened earlier. we do not know the cause. we know nothing about this. in fact, in the news conference the fire chief also doesn't know anything about the cause of this. he was just kind of laying out what happened to those who were involved, not only inside this area, inside the home, but also

fighting this fire. so we are working on talking to the local hospitals to see exactly how many people were transported and how many fire fighters might have been injured while battling this blaze. it was a huge explosion, and you can see the pictures there of the subsequent fire as well as the smoke. we will keep you posted on this throughout the newscast to find out exactly what causeded this in sterling, virginia. meantime, also breaking tonight, it appears the white house is working on plan b, meaning what to do if president biden does not remain in the white house. there are now reports the administration is considering setting up road blocks to limit donald trump's power to reshape the government. the senior national correspondent kevin corke is live in dc with the details about the so-called plot thickening. kevin good evening. >> reporter: evening trace. it has been argued by critics and arguably backed up by evidence that this has actually happened before with an outgoing

administration actively working to thwart the incoming administration in defiance of the principle the peaceful transfer of power. back then the argument was it was the obama administration setting up trap after trap for the new trump administration according to critics and now the associated press is reporting that president biden's administration and liberal supporters here in washington are bracing for a possible trump victory in november with road blocks to limit the latter's ability to govern notably to trim the sides of the work force. the ap says the office of management the chief human resource agency will finalize a rule by april against reclassifying tens of thousands of workers so they can be more easily fired. it's a move a biden campaign spokesperson says that will keep mr. trump from, quote, gutting the civil service and plotting revenge on his political

enemies. end quote. the ap by the way also adds that a hypothetical trump administration, part two, could take months or even years to unwind the scheme. but, despite that plan, and what many have deemed the ongoing lawfare against mr. trump designed, of course, to keep him off the campaign trail and to drain his resources at best and perhaps even keep him in prison for life at worst, you guessed it, he remains unbowed. >> we have to win this election. they're doing everything possible to step in the way but we're not going to stand for it. so thank you very much, we will get back to work. >> reporter: get back to work he says. keep in mind this is all playing out as the former president appeals a new york judge's decision to hit him with a $350 million fine following a fraud conviction where no company complained, nor was defrauded. trace. >> trace: kevin thank you. let's bring in former presidential candidate larry elder and axiom strategies erin

perriney. erin to you first, the plan, when you're making a plan b you're clearly worried about losing the election but the plan, erin, would be to limit trump's ability to fire thousands of government workers. what are your thoughts on this? is it possible? is it something you think could actually be sustained? >> well, there is an opportunity for it to be sustained but there is a little known procedural maneuver that can be done which is a congressional review act where there's a joint resolution of disapproval passed by both the house and the senate. it all depend on tim so if it's april i'm not sure exactly how long they would have the ability to be able to review that so come november, come a new congress in january, if they were able to roll this back and do so, the congressional review act is a wonderful tool that congress has to check the administrative state and say uh-uh, we have oversight and authority here and roll that

back. there are tools that exist to do this. but democrats are trying to play politics and project confidence while at the same time scheming to try and stop the potential winner in november for being able to assert their authority as president of the united states. so if this happens, there is the opportunity for congress, and i would encourage house republicans, even if it happens right now before they're able to secure the senate again, to put forward a congressional review act and do this to be able to say uh-uh, this is not good and continue the momentum to say what democrats are doing is wrong. >> trace: seems like you have to either which or go after the winner in this thing. larry elder to you, speaking of road blocks here is the president taking an unusual amount of time to curve gather his thoughts. watch this. >> he said if an ally did not pay their dues, he would encourage russia to be quote, do whatever the hell they want.

i guess i should clear my mind here a little bit and not say what i'm really thinking. >> trace: it feels uncomfortable larry. that's the whole thing is now everybody, after the robert hur report it just feels very uncomfortable for the entire country. >> he feels trace as if he's diminishing every single day. but here's the problem, what happens if joe biden cannot make it to november, the answer is kamala harris is on deck. i know this is a lot of happy talk about michelle obama swooping in and taking the nomination away from her. not going to happen. kamala harris wants to be president, she ran for president. if you're kamala harris think about it she never lost an election she ran for da ag and won, ran for senate in california and won. she's on the fact with joe biden and ran for vp. >> trace: she ran for president and got smoked early. >> but left before the first context. a lot of people think the cackle

is racist and sexist and they will be lived if she's dropped especially for some white person like gavin newsom or mayor pete. >> trace: erin perriney back to you because president biden ran on uniting the nation, we're going to talk about this la er with someone who lives in east palestine, but he lives there took him a year to get him the people there not happy. i have 30 seconds for you and i have one more question to larry. >> it was a dereliction of duty of president biden to not go to east palestine when it happened and now it's clearly motivated we politics. it's an election year and all of a sudden he wants to pretend he's the uniter in chief. the people of east palestine are saying unless he agency going to do something that can help us we don't want him here. that's what happened today. grants on research will not help people rebuild at this moment. again joe biden is showing why he is not fit to be president of the united states anymore. >> monmouth poll, larry, how

likely do you think it is that joe biden will be replaced at the democratic nominee, look at the red boxes up there, somewhat likely 28%. that's 48%. that's half of voters. >> yeah. and, again, even if he can't make it they're stuck with kamala harris, she's less popular than she is. but because of her race and gender, still remains black and female, they are more loyal than the men and they love kamala harris and they will be lived if they dropped kicked because joe biden could not make it. she's on next. >> we shall see. thank you both. new york city's migrant crisis is on full display as the public consumption of drugs and alcohol becomes even more conspicuous. and a wave of crime continues touring bill melugin has the latest on this. good evening. >> reporter: the border crisis is transforming before our eyes and unfortunately it is not going to slow down anytime soon.

adult men from all around the world during during designer close passing drugs and passing around flasks of booze are now common sites outside of new york city shelters, over 1,000 immigrants arrived in the city recently. others are now sleeping outside at the subway and in other public transit locations much like we've seen in other sanctuary cities across the country. an official new york city survey reveals at least a thousand migrants have been sleeping outside. >> i have got here 8:00 last night. this hour of the day. >> have any money no job it's complicated and so you end up on the street? in the meantime an illegal alien is now accused of killing a 10-year-old boy walking home from school in midland texas in a hit and run crash. after he was hit alex a.j. weiss pictured here was left at the

scene critically injured. he died from his injuries the next morning. a mexican national has now been charged with drunk driving and causing the fatal hit and run crash. he had previously deported five times and now being held on an immigration detainer with ice. agents arrested an illegal immigrant from guatemala who is facing felony charged mow less station charges and was released from custody after the local jail in cranes ton long island ignored the detainer request. ice says that alleged child molester entered the u.s. illegally as a got away at an unknown time. reminder there have been now 1.8 million got-aways since president biden last took office. >> trace: and when they get away you have no idea where they went. >> exactly. >> trace: let's bring on sheriff mark lamb. i want to read the headline and i'll get your take.

the headline reads, five-time deported illegal alien accused of killing 10-year-old boy walking home from school. sheriff we see this week in and week out, some form of this happening again and again and' partly what we just said, we don't know who's here, we don't know how much of a threat they pose and we don't know who's coming. >> no, we really don't. you know, we know that eight million people more or less were apprehended at the boarder but that um in of ga aways could be somewhere between 2-4-5 million people. people that have disappeared throughout this country, people with criminal histories not just in their own countries but a lot of these people have criminal histories in our country like this guy who killed this young boy, my heart goes out with this family and i worked tirelessly with angel, people who lost just like this family did. >> trace: it's amazing, the new york city police chief of patrol. watch him and i'll get your response.

it's in new york but involved pretty much everybody across the country. watch. >> there wither some venezuelan groups of migrants, some not all, affecting crime in our cities, we saw the moped robberies and snatches. we see pockets being picked in time's square and on the subway. we see some groups going to stores, macy's, kings plaza, glass hut, and stealing property. >> sheriff, we now know these venezuelan are good to go, it really is becoming a big time problem in this whole illegal immigration crisis. >> trace: absolutely we're not immune to it we have places in scottsdale dealing with these gangs. i was with some guys in the sheriff's office out in michigan near detroit, they're dealing with the same chilean gangs as we get more and more people here and they're not able to go out and work they're going to try to

feed themselves one way or another. now coming in here committing crimes on our citizens and we should all be livid as americans as to what this administration has done to america with these open border policies. >> i have one question with two, illegal, the highest since we've seen since 2017 2021. it was higher in the first four months of the fiscal year huge try niece population, coming across the border in san diego. what do you make of those two numbers. >> emma very concerned we're seeing about 10,000 military age men and other people coming across the boarders every day. i talked to an fbi guy and he said look, what concerns is on is not just the people on the er thor watch list how about the secondary and terseier people not on the watch list but they still don't love america and are more than willing to do damage against america and america's lives if they get the opportunity.

>> reporter: pownall county sheriff mark lamb, great to have you on tonight. thank you sir. >> reporter: thank you. >> trace: meantime in georgia fulton county da fani willis did not take the stand but others did and the testimony was very explosive and very damning. but legal experts are wondering if this will result in the da and lead prosecutor facing consequences like disequal figures. senior correspondent kevin corke with more life on that sdmooeven at issue is where da willis improperly benefited from her par mauer, the prosecutor nathan wade there making a lot of someone, six00 grand, more than that actually, paid through her office and the question is did this create a conflict of interest that should qualify winter storm's office for this particular case. the attorney for the state are trying to the misconduct allegations against her called two witnesses today including willis's own father who seemed to support his daughter's assertion that, oh, yeah, she

keeps copious amounts of money, cash, large amounts at home. that was his temperature. in fact he said-always taught his daughter to keep six month's worth of cash on hand. >> it's a black thing, okay? i was trained and most black folks, they hide cash or they keep cash, and i was -- no, i train, you always keep some cash. >> reporter: i'm black, i never heard of that. judge scott for his part said he won't rule on whether willis and her office should be disqualified from the case until after attorneys for both sides have a chance to present arguments which he said would likely happen next friday or the following week. now, keep this in mind. he said during a hearing on monday that willis could be disqualified if evidence is produced demonstrating an actual conflict, and this is the key,

or even the appearance of one. trace. >> trace: yeah. yeah, i'm skeptical. kevin corke, back to you as the news warrants, thank you sir. let's bring in washington times legal affairs reporter attorney alex sawyer as well as policy attorney julie hamill. thank you both for coming on. alex to you first fani willis did not testify today because her side was cheering. they think she was victorious yesterday, alex. they think, you know what? she's not going to get tossed off this case. she won that battle. >> i don't think they wanted her back on the stand. she was a hostile witness. i think clips of her testimony should be played in law schools across the country because that's exactly what you don't want your witness to look like. the notion of any sort of appearance of impropriety, it's there. i would be priced -- a lot of people have talked about the judge allowing her to go on and on and on, how normally you don't see that type of behavior in a courtroom and i'm wondering

if it's because the judge knows there is this appearance of impropriety and he wants her to be able to say what she needs to say if he's intending to rule against her. >> trace: it is amazing because i was listening to jonathan turley and he was saying the left was celebrating fani willis, her testimony, as jonathan said, where trump was unhinged when he did stuff like that, willis was unbowed, right? so she was not taking -- trump, he's unhinged but no she's not taking any grief which they love. >> can we talk about how entertaining it was? >> trace: it was entertaining i'll give you that. we played sound bites again and again and again. >> i was glued to the testimony, very entertaining. but she said oh i pulled a burn of cash out from my campaign and kept it at my house and that's how i paid my lover for the vacations he took me on after i hired him from the prosecution. absolutely mind blowingly insane to me. >> trace: what's funny about

this is because here's her dad talking about why she had this cash in her apartment, a bunch of cash. watch. >> excuse me. and i, you know, your honor i'm not trying to be racist, okay, but it's a black thing, okay? you know, i was trained, and most black folks, they hide cash, or they keep. >> trace: and the theme hoechst of course she had cash to be able to pay back the debt she owed forney than wade for buying those exorbitant and extravagant trips. >> right, if she was trying to make sure there was no appearance of impropriety and no conflict shield keep track of her share. of course there was no receipts she didn't do that with cash so that's problematic. i will say her father's testimony today, i thought she was a good witness, he's a lawyer himself, he was rehearsed, he knew he had to talk about the cash issue it is

her and he did his best. >> trace: again, he was very good it's just the credibility of justice that we're talking about here. terrance bradley the former law period of timener of nathan wade, he had some damning text messages and the attorneys read some of them. watch. >> so what i have is a text message from you saying oh, my god, nathan took fani on the trip to napa and paid for it with his firm. >> okay. continue reading. >> and you said is he that dumb? >> and i said, wow, i'm on a plane from dubai, land at 3:00. will call you as soon as i land. >> yeah, so bradley said is he that dumb and i said wow i'm on a plane from dubai i land at 3:00 i will call you as soon as i land. here's the thing the text message will not be allowed the judge is not going to consider the text message julie so it is

not playing a part in this case. damning evidence, it's out. >> well, my understanding is that the judge is up for reelection in may and there's a qualifying event in march so i have a feeling that the judge is trying to play it safe until the qualifying event happens in march. but i just, i want people to think about, what would it be like if your local prosecutor was hoarding piles of cash and transacting in cash. imagine the kind of people that could be coming in and out of that house asking for prosecution or asking to not be prosecuted dealing with cash and there's no trace of it. very unethical behavior. >> reporter: very quickly kevin we have to go, 350z million dollars decision, kind of a hit for the former president today in court. your final thoughts on that. >> yeah, i think he had some strong constitutional arguments on appeal, due process issues,

no jury. i think this has been discussed but worth repeating, no harm, no actual victim. i think the banks actually said they were paid on time and there was a defense on his behalf with the banks. so i do think there could be a successful appeal at least in reducing the damage and there could be strong constitutional arguments trying to move this to federal court on his behalf. >> i have to go thank you both. new effort in the -- called fight for racial equity. a hip-hop task force that won't include republicans. on the nightcap, smart devices, smart speakers smart phones always listen, but two out of three don't care if these are reporting them without their knowledge. do you care? let us know at x and instagram. we are coming right back with hip-hop task force. r priorities are ours too. our retirement tools and advice

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♪ >> trace: getting you caught up now on the breaking news we began the show with. this is in sterling, virginia, which is about 22 miles outside of washington, dc. earlier tonight some people called reporting a gas leak at their home, and by the time fire fighters arrived, the home, as you can see there, exploded. well, now we are learning that one fire fighter has died in that house explosion just outside dc. first responders were called to the residence in sterling and what happened when they got there is it exploded. we don't know if the fire fighter was actually inside the house checking the leak when this happened but we know that eventually these are video pictures, videotape of what happened. the live pictures show the fire looks to be mostly out with some smokeyness but we do not know exactly how many fire fighters were inside the house and we don't know of any other

injuries, but we do know that at least nine others were rescued and transported to the hospital, various injuries. we just don't know their severity but we will keep you up to speed as we find out more information about what happened in sterling, virginia just outside of dc. >> meantime the fox news at night common sense department is not an authority on hip-hop music but is still a bit concerned about democrats unveiling a hip-hop task force to tackle racial inequity. the biggest advocate of the task force is far left congressman and squad member jamaal bowman who has come under fire for promoting 9/11 conspiracy theories and for his extreme anti israel stance but also believes black lives matter and the ceasefire movement are shining examples of success. so when he pushes hip-hop messaging to address things like ending poverty and justice reform, common sense is

skeptical. the line, quote, i'd rob odb but that would be a waste of time. probably have to clap him, run, and toss the 9 doesn't exactly scream e quality. and quote my little sister's birthday she'll remember me i had ten of my boys take her virginity not an endorsement of women. task force promoting affordable housing and school funding. maybe the school funding could be i smacked his in the face with an eraser chased him with with a stabler. at least it sounds educational. common sense doesn't quite understand this push for hip-hop on the hill because it doesn't feel like they've quite got the beat. let's bring in the board president of chino valley unified school district here in california sonja shaw along with parents defending education

michelle. thank you both for coming on. there's no better way to boost education and school funding than a hip-hop task force. if they came to your school district you would think what? what are we doing. >> exactly. i'm not shocked and not surprised they have no limits and they're trying to push the rhetoric any way. and, you know, with young artists around that's not a good example. i just say let artists be artists and let education be a separate issue. >> let's treat them to road and write, maybe we let the lyrical part go until later. here is michelle bowen watch. >> all i'm doing is continuing the legacy of fighting for peace, justice and equality and human rights for all people, not just here in our country but all over the world. that's the legacy of hip-hop. that's what hip-hop was built upon. >> trace: but michelle, as many would say, that's not really the

legacy of hip-hop. people see it differently and there's been a negative influence on a lot of things, sometimes positive sometimes negative on a lot of things with hip-hop. >> trace, this is an absolute joke, right? it actually read like a babylon bee article but no the former school principle now member of congress who couldn't figure out fire alarms is wasting more of congress's time with this unserious initiative. this is appalling and embarrassing. think about this students are performing the worst that they have in decades and i have a question where is education lost task force? >> reporter: very good question. chino valley schools want parents to be notified if their child is changing genders. right? here is california attorney general back in september going back at you for that. watch. >> they're violating multiple sections of the con constitution and a state law and are doing it

very defiantly and keeping our eye on ball here, it is children who would be the losers from this policy and that is why i'm moving in to protect children from being hurt, from being harmed. >> trace: what they say is if you don't keep secrets from parents about your kids, you are violating their rights. now you're suing them. >> absolutely the political cartel is a joke and they continue to push this stuff, but thank god we have liberty and justice in a couple cases in regards to you are on case keeping the parent informed. we had what i think is a great win this morning and they're going to keep fighting relentlessly because our kids need their parents. >> reporter: how long will this go on? when will we find out clarity on this whole thing. >> in regards to our case in particular, i think in the beginning of march you're going to see big developments come out. so i have, you know, some things planned and our attorneys working between us but i just want to give people hope.

do not give up. they want to tire us out, they want to take resources away, they want parents out of the picture because they're not trying to push an agenda. we just start standard. >> reporter: you shouldn't give up here's president biden's secretary of health on the whole climate thing and how it affects certain people. watch. >> climate change is having a disproportionate effect on the physical and mental health in the black communities. black communities are more likely to live in areas in housing that increase their climate susceptibility. 65% of black americans report feeling anxious about climate changes's impact. >> the problem here, michelle they don't have any evidence, no backup data, nothing to really support it. it sounds good sounds like they're trying to help the underserved but the truth is there's nothing to really support this. >> of course they don't because no evidence exists. i will say at this point the

biden administration and the left are running out of things to call race it. highways are race it mathis race it exercise is race it and now the it's. you have an out of control border, you have the chronic education loss and you have two wars going on. what's the biden admin doing? they're simply intent on manufacturing fake crisis and simply leaving it abandon in the american families. >> people keep saying again and again, can we focus on grayly getting oakland california back on the map and people comfortable walking the streets again. thank you both >> president biden finally visiting east palestine ohio. but many held up signs with the f word. not the friendly word. we'll talk next, a good

samaritan uses only one hand and what happens when a six week old baby meets the nine month old veteran. meantime 8:35 on the west coast, a fox news at night trip across america first a live look, the phoenix us city that is also a state calf to now to the oil capitol of the world in tulsa oklahoma and a live look at daytona beach florida. the daytona 500 is this sunday on fox jacksonfully. if you can't join us live don't forget to et your did, rr. we're coming back with east palestine on the visit of president biden. ♪ every sign ♪ ♪ just seems unclear ♪ ♪

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and i did not have any cravings. since losing weight with golo, i'm healthier now than i've ever been, and my doctor is thrilled. golo is so much more than weight loss, it's gonna give you your life back. ♪ >> trace: well, more than a year after it was the site of a toxic norfolk southern train derailment, president biden finally visited east palestine ohio today but was met with

mostly skepticism and animosity from residents still asking questions about their drinking water and their long-term health. let's bring in east palestine resident d.j. yokely. d.j. great to have you on the show. you say the president waited a year and you were hoping this would be more than a replyical stunt. what was your perception about this gathering, this meeting? >> this was nothing more than a political stunt. about ten minutes of him talking and telling us things that we already know, trace. for us we waited 54 weeks to see this happen, for this to transpire for the right time that he's been talking about, happened at 4:45 on knight. so you tell me why this happen. you didn't bring anything p but a wagging finger at norfolk southern and things at the community knew since the day they derained.

>> trace: i want to play some sound bites from your fellow residents and i will he get your thoughts on the other side. >> reporter: i made eye contact in a lot of the vehicles and after the vehicles they looked at my sign and looked at me and i hope it made a different i hope they all do something. because we're all sick. >> no better than what we treated for the past year and' hard breaking. >> reporter: a lot of people are disappointed in the president's visit but really we're more concerned about how are you? how are your fellow residents doing a year out from this disaster? >> frustrated. a lot of people in that video wanted joe biden to come and bring answers instead he brought empty hands and empty promises and again, we want to know if we're safe here. for 54 weeks our community has had to make tough, uneducated decisions because we have

science both sides of the aisle telling us we're safe, we're not safe. this is a situation where, this is going to affect the rest of our lives. a lot of us have lived here our entire lives, our community, we love it but we have to be safe to lay on their head on a pillow and cancer includeers we keep hearing. you know it's a frustrating that the president of theness and his staff don't seep seem to care about this. >> trace: biden makes fleeting trip to east palestine more than a year after the train disaster president agreeded with f u traps and says we leave no one behind, as you said dj gg he's at beach more than 5,000 of your former residents still in east palestine and you're wondering what is next. >> reporter: that's what we want to know as well. we've been told it's all because

of how we vote. we all voted for trump, apparently, in 2016 and 2020. you know, nobody voted for this. there's 4700 people that would really like to have -- to go back to february 2, 2023, and have their lives back and not their entire, you know, livelihood turned upside down. business owners in this town have lost their business we've seen business owners leave, i lost business in my home town. this is tough, not something you look forward to toward the american dream. >> the bottom line is nobody ran on this and joe biden ran and sent this nomination as a uniter and the people of east palestine do not feel united. best of luck to you and the residents there we will cove very cave shushing can in as we have been all year thank you both for coming on. >> thanks trace. >> trace: first up in tonight's

viral videos a mysterious good samaritan in australia showed remarkable timing as a shopper left the ball she grabbed the bag and played a tug of war you can see it until she got help and yes she held her child's hand the whole time. police still trying to figure out who this mystery woman was. now for the moment, never met her family's 5-year-old puppy, it was love at first site as the publicy tried to climb into harper's lap for best huddles. and explosive expert detonated three world war ii era bombs discovered on the bay in the florida panhandle. they're thought to be 80-plus years old, the bay is again bomb free. if you have a video to share share it with us at fox news

gallagher on fox news night on social media. straight ahead on the nightcap, do you have something or are smart our speakers, most americans do not seem to care at least that's what we're told that these devices are recording without them but wee your numbers in hand and, guess what? you care. still time to weigh in on depravement and instagram. the nightcap crew is next but first a live look of san moan ca california with shirley temple. how about daddy's sweethearts, emma and baby: liberty. oh! baby: liberty. how many people did you tell? only pay for what you need. jingle: ♪ liberty. liberty. liberty. ♪ baby: ♪ liberty. ♪ - bye, bye cough. - later chest congestion. hello 12 hours of relief. 12 hours!! mucinex dm gives you 12 hours of relief from chest congestion and any cough, day or night.

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♪ [ice clinks] >> trace: okay, we are back with the nightcap crew, kevin corke, sonja shaw. tonight's topic listening in. here's deal we've all had times when we're talking about something with our phones in our hands and then we immediately get this kind of you will that specific slightly creepy ad almost like our phones are listening in though it seems many americans don't really care if they're being recorded. if you care if your smart devices, like your camera and your siri and your a lexus and your phone and all that stuff

are actually listening to everything you say because you know they are because every time they look over that little thing comes on, that siri thing. if you say like siri suey comes on. no siri i wasn't talking to you, do you worry about people listening into your everyday conversation, everything you do and say? >> you know i don't think i worry too much but it is a little creepy you're right if i'm talking about a car model and i saw that lexus or i saw that tesla s plaid and then all of a sudden i get ought these always from tesla. >> at he interesting because as an attorney is going to do, you have no idea where this stuff goes, you have no idea and we did this story not too long about about one of the ring speakers that captured a ups driver and they thought he was saying something racist when he was not and the owner of the home went after the ups driver.

he got fired, they had to reinstate him. so that's kind of the thing, you never know. >> that's terrible. >> reporter: know. because i was using roundup in my yard and pop i got an ad on instagram for lawyers to represent me in a case against round up if i had cancer. >> trace: yeah, it really is crazy because you know they're always listening and every time you talk or shop or have this conversation something pops up. we were talking about skiing last weekend and sure enough, hey, what about going to so and so for skiing. sonja. >> it's absolutely creepy because siri listens to everything i say except for when i call her name. but i guess, you know, as much as i care of what they're doing with the data and listening to me, people film us at the grocery store, they do random things so i might be a little bit not so sensitive anymore. >> yeah, i hear you. trace i think you terrified me with that intro i'm going to go

homen a unplug everything, so count mes as a hard no for the recording. so kevin corke doesn't care but guess what? if you look at our poll on x, yes, 96% say don't listen. instagram 90%. tammy says i don't need big brother monitoring my ever move stay out of my life. red phantom says if they were recording me they would be board to death. >> i think either one would rather cry or over the chaos. russell i know mine does because i said oreo on the phone call and when i opened x there was a oreo cookie jab. i don't want to be free entertainment. thanks for watching america's late news fox news at night. thank you for joining the nightcap. i'm trey gowdy, we'll see you back here on monday.

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woo-hoo? that's all for tonight. i am ♪ ♪