etoacidosis. ♪ far-xi-ga ♪ >> greg: jimmy, do you have something you would like to plug? >> oh, hot damn. the everybody calm down store starts march 1st in idaho falls, here's a full list of the dates this summer. why gutfeld? the world's on fire so i'm going to roast marshmallows tell dirty jokes, we rock through to biloxi mississippi in july and it will be a hot one. fox across america.com, get tickets, come hang out >> greg: all right, bring some manure. charlie hurt, jimmy fail yay, kat timpf, our studio audience. 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.

and breaking tonight from berkeley to dc to all points in between, fed up business owners say they are tired of getting ripped off and they can't decide which is worse, enduring crime and losing money, or reporting crime and paying higher insurance rates. in other words, business owners think crime does pay, and that being a criminal is more lucrative than being a business owner. we begin our president's day coverage with the senior correspondent dan springer live in seattle with more on cities under siege. dan, good evening. >> reporter: hi trace, according to the seattle police crime data overall crime is down 9% with property crime down 10% this year but don't tell that to the business owners in the ballard area of the city who have been hit over and over again. a barber shop and retail outlet have had four break engines the last two years thieves smash through windows and load up garbage bins of merchandise.

the owners blasting leading. >> make this your number one priority. a lot going on in the city but small businesses are the backbone. >> reporter: down the block a jewelry store has been cleaned out seven times in the last 2.5 years. the owner has taking to sleeping in the back so she can quickly call police to get a quick response. even the police chief admits the crime stats may be deceiving. he thinks people just aren't reporting crime like they used to. down the west coast in san francisco, we see the same thing happening, the stats say retail theft is going down. we do know police are taking it more seriously and going after organized rings but the situation is still far from good and let's say former nba great charles barkley is not a good fan. the topic at an all-star game in san francisco came up during the broadcast last night. barkley said no one wants to play in san francisco because of of all the homeless crooks around and when someone said it's a city you can walk around he said yeah with a bulletproof vest on. statistics versus life on the

ground, clearly there is a lot more work to do trace. >> trace: dan springer live in seattle, dan, thank you. the fox news at night common sense department understands the very woke mayor of the very woke city of berkeley, california is having a change of heart. a few years ago, mary jesse arrogan, progressive jesse was a major supporter of cutting the funding of the berkeley police department by nine million plus dollars which ended the careers of 35% of the city's police force. but low and behold, over the past few years, the strangest things keep happening, creek in berkeley spun out of control. armed robberies up, carjackings up, sex crimes up. the berkeley apple store robbed seven times this year. it's mid february. common sense thinks by december, when that apple store is on robbery, oh, number 45, they will shut the store down and board the windows up.

in berkeley for lease signs are everywhere, those willing to lease are nowhere. so the mayor now finds himself at tend of a common california cycle, bash the cops cut the funding cry for help. the temper tantrums of 2020 are now calls for public safety which of course is labeled as a community effort. politicians create the crisis, somebody else gets to solve it. the mayor would help but he's busy running for state senate. common sense is now surprised failed lefty politicians moving up the ranks is as common in california as, well, crime. let's bring in california gop chair woman jessica milan paterson and the owner of low bows boxing club eddie ar sole a. thank you for come on you deal with this, these people run for office, ruin the cities and move on and go up the chain of command but there's no consequences is the problem,

they go in and ruin these cities with impunity. >> let's be very clear not just politicians it's democrat politicians in democrat run cities, prop 47 to prop 57 ab109 which have been all pro criminal policies. it shouldn't surprise anyone when we're putting more criminals out on the street they're going to commit more crimes. i think that berkeley should be a sounding alarm to the rest of the country. these policies don't work and the damage may be already done and it might be too little too late because recruiting the police officers and hurting their funding as the way he did, it might be too much to come back from in berkeley. >> trace: yeah, you had dan springer talking eddie and we see in in oakland these business owners nobody's coming to lunch in their place because they're not allowed outside of their building. the whole problem is they won't report the crimes because they're so afraid of their insurance rate going up. here's a couple other business owners what they have to say and i'll get your response. >> literally within minutes, they brought their own trash bag

and were filling it with beauty products and jackets. i've been waiting out failed policy for three years. >> from what i understand it takes a really long time to prosecute anyone who's been caught breaking and entering. it's very rare they are even caught. >> trace: i mean you own a boxing gym so nobody's really going in stealing stuff there are consequences when you walk in the door of eddie ace place but you have to feel bad for the businesses around the states and surrounding states getting hearst. >> especially in melrose a bunch of businesses have gone out in years, that affects us because people don't come shocking they don't come to the gym they don't feel safe and most of what i heard from business owners is they couldn't afford the process of getting robbed and if they report it the insurance goes up if they don't report it they're losing their stuff. >> trace: it's loss loss. >> loss loss. >> trace: charles barkley said the following, quoting, san francisco during the all-star game he described it as a city with a homeless -- sorry,

homeless crooks, and when someone said no it's not we can can walk around down there agree with a bulletproof chest. >> i think sir charles hit it on the nose. this is someone who's a massive basketball player who doesn't feel safe in the streets of san francisco. just last month we had a former mma fighter turned food critic who cut his trip short in the bay area because it was unsafe. these are the policy of progressive democrats hurting our communities and it's hurting once beautiful cities and turning them into what we see now. we have 50% of the nation's unsheltered people. when you drive around a place like san francisco, it's not hard to believe. >> trace: it really is. we were talking about this, eddie, earlier, you know, san francisco -- sorry, kansas city, the super bowl that was there, the shooting there, one person killed, 22 injured, and the governor of missouri called these people, we don't know exactly who they are because they're juveniles and haven't been identified, called them thugs and you had the mayor saying that it was a racist dog

whistle. and you're thinking i don't quite understand what the thing is they haven't identified anybody but they're protecting some of these people who are committing in heinous crimes. >> charles barically nailed it on the head just calling it how he sees it and rather than criticize what it is it was thug behavior and charles barley is calling the city what it is, it's a trash can right now. not scared to say what the truth is. >> trace: your final thoughts jessica. >> we have to keep our eye on the ball. this was supposed to be a celebration, what the mayor should be focused on is the crimes that were committed. >> trace: and the people affected by the crimes committed. jessica thank you, eddie, good to see you as always. >> meantime the group truckers for trump are now refusing to drive to new york city after his $355 million fraud ruling and new york governor kathy hochul is scrambling to reassure those doing business in the empire state that they don't have to worry about being prosecuted. but do they? senior national correspondent

kevin corke is life with that story, good evening. >> reporter: evening trace. as retorts go former president trump's was jointly expressed on truth social, he wrote this, kevin o'leary is so great and tells it like it is. businesses will flee new york city, and state, after the corrupt judge's ruling. of course that follows a new york judge decision to order mr. trump to pay more than $350 million concluding he will lied about his wealth for years scheming to dupe banks. although as many have pointed out trace, value agencieses are subjective and all the banks were paid in full with interest and on schedule by mr. trump. but o'leary is arguing tonight that the verdict will discourage future development in the city and the state for years to come. >> every investor's worried because where is the victim? who lost money? this is some arbitrary decision a judge made, and this has nothing to do with trump. nothing to do with trump. forget about trump.

this is not a trump situation. this is a new york problem now. >> ah-ha. but the state's governor who's already seen a mass exodus of both businesses and residents from the empire state, is suggesting that the trump case is more or less a 1-off. >> i think that this is really an extraordinarily unusual circumstance that the law-abiding and rule following new yorkers who are business people have nothing to worry about because they're very different than donald trump and his behavior. >> reporter: meantime a trucker known as chicago ray has deleted a video calling on fellow truckers to boycott new york city after the rule against the former president and his fraud case. ray actually claimed he hadn't been calling for a boycott for say himself, merely reporting what he had actually heard other truckers saying warning about possible shortages. trace. >> trace: might lead to that, kevin corke live in dc thank you. let's bring in former republican candidate for arizona, attorney general abe

hamadeh along with partner ceo and roll state partner jared randolph. thank you both for coming on. i want to play more kevin o'leary from shark tank you know who he is he said this about the whole trump judgment thing. watch. >> i would never invest in new york now and i'm not the only person saying that. do you think any foreign institution or any private equity firm or any pension fund would touch new york? no. and that's why new yorkers should be concerned. >> trace: what about you, jared? would you invest? would you do commercial real estate in new york. >> i would not, only because the margins are too tight in new york city. but the reality is, is there is so much equity in the brick and mortar, in the buildings of new york city. there are internationals who are invested in the city. it will always remain a strong city because of the amount of equity and the low debt that we have on the properties. it makes it a very safe investment. that is an extremist point of view. i absolutely don't agree and i've been developing in the city

for decades. >> it's interesting because jonathan turley writes this about trump's judgment, and then i'll get your take on this, abe. watch. >> part of it is the disconnect here, is that you have what will be over $455 million, if you include interest, and then on the other side of the ledger, you have zero. there's not a single dollar lost by these victims. in fact, the people that james calls the victims actually wanted to do more business with donald trump. >> trace: what do you think about that, abe? >> well, trace, i think now we're witnessing -- this isn't the legal analysis, this is a political percent execution against one man and you heard governor hochul's own comment, own admission that businesses shouldn't worry because they're targeting donald trump. so this is what's so scary right now trace is that you're seeing that the force of the government are trying to destroy this company, the trump organization, which helped build the skyline

of new york but they didn't just go after president trump they went after his family as well. i do think this is going to have a chilling effect on businesses because this is sending a clear message to those who oppose anything that the democrats are doing, that if you dare to question their authority, they won't go after you, they will try to bankrupt you. and, remember, president trump, in order to appeal this, he actually has to pay this judgment of over $400 million and kevin o'leary's exactly right. who is the victim? president trump paid all of this on time, early, in fact, and this is just normal operating procedure with businesses. so i am deeply concerned that the legal system has become weaponized. my family came from places like syria and venezuela, trace. i know what happens when the rule of law is destroyed. our country will collapse very quickly so people need to wake up to what's actually happening right now in america. >> trace: what's your response to that jared? i'm curious. >> i have to agree, it is a witch hunt against donald trump, and the problem is it takes two to tango and this is the glitch in the marketplace.

there's a borrower and there's a lender. but there was another party to this transaction. it's not the bank who is going after donald trump, it's the government who's going after donald trump and this could set a very negative precedent towards other developers who, by the way, have been doing the same thing for years. they just sit on the sidelines and they keep their mouths shut. he became a target because of his political position. if you're going to go after him, go after him, go after all the other developers who have done the exact same thing, and go after the banks. >> trace: yeah, it's interesting because the new york post editorial board abe said the following here, democrat elites shouldn't be laughing at trump's civil trial outcome they made him a political martyr. democrats shot themselves in the foot proving to an increasing number of voters the justice system is stacked against the ex president kind of the point jared made there which is every time they indict him or have some kind of judgment, his poll

numbers just go up. >> this is what's happening. i'm deeply concerned, trace, that the legal system is collapsing right before our eyes. this time last year, president trump wasn't under a single indictment. it's hard to imagine, because it feels like he's been under attack for so long but the first indictment came in march. you're having the new york attorney general, the new york district attorney in manhattan, georgia, jack smith. i mean, the legal system is going after trump. so i think everyday americans are looking at this, we're living in a post-justice america and this is deeply concerning. so, you know, i pray for our country right now, trace, because, you know, this type of stuff, i've seen it firsthand. i know what this type of stuff leads to and it is not a place where you want to go down this road. >> trace: i talk to people who don't like trump at all and they're worried about credible justice so it kind of shows something there. jared, thank you, sir. abe, great to see you again. we appreciate it. >> meantime fox news at night has brand new video showing hundreds of illegal immigrants scaling a main town to cross

from mexico he into southern california, most of them are chinese nationals. meantime new outrage in democrat led sank bare cities about the amount of money and resources being poured into helping the massive of migrants instead of the remaining increases dents. jackie ibañez live with the late he have on america's illegal immigration crisis. good evening. >> reporter: good evening trace. the migrant crisis continues to go here in new york city as you said but mayor eric adams says they're running out of room and resources are stretched thin. harlem residents demanded a halt on plans toss convert an apartment building into migrant housing when local residents said they need that themselves. >> people are living sometimes two and three generations in one apartment, and now you don't even want to give it to them, you want to bring outsiders in, like what does that look like? you have to take care of the residents that are already there. >> reporter: this luxury

apartment complex was almost home to dozens of my grants but after that fierce pushback mayor eric adams has reversed course saying homes in harlem should be for harlem residents and the facility will now be used to house homeless new yorkers. >> the law does not allow me to deport anyone. that's a federal authority. i'm getting no money from wyoming. washington they promised 130-something million dollars they didn't give us that and it's costing us $12 billion of taxpayer dollars. >> security measures in texas like razor wire are shifting the border surge to the west. take a look at these stunning images from one hot spot just an hour east of san diego, a long line of migrants from all over the world, they scaled the steep rocky mountains to enter the u.s. illegally. cbp pourses tell fox news they've encountered more than 20,000 chinese nationals since

october 1st. there were only 450 chinese nationals encountered in all of fiscal year 2021. trace? >> trace: amazing, jackie ibañez live in new york, jackie thank you >> let's bring in a concerned new york city resident who lived within 200 feet of a migrant shelter on long island, salvatore. always great to have you on the show. i want to play one of the angry harlem residents and there were a lot at these recent meetings. here's one, and i'll get your take. >> what we're saying is that, if there is some housing that is available to provide for asylum seekers, then that same housing should be first priority to those. >> trace: nobody knows this better than you. i mean, if there's residents in the area they should be given first priority over the things that are supposed to be, you know, upheld and given to citizens. >> well, on staten island they

came out and they threw our veterans and seniors out of assisted living and put the immigrants there. the housing in harlem should go to veterans and seniors from the community not to immigrants from another country. mayor adams has to get on board with the city council that's blocking everything and remove sanctuary city and let ice come in and have nypd work with ice and clean out our city. >> trace: that's exactly right. your sweatshirt says it all bring back veterans and a lot of veterans i'm talking to are having to wait in line even longer than they normally do because of treating these illegal immigrants and the lines of them are also very long. one more angry harlem resident, salvatore, and we'll get your take. >> how do you think you would feel if you have a brand new luxury building, as they describing it and people are

living sometimes two and three generations in one apartment, and now you don't even want to give it to them. you want to bring outsiders in, like what does that look like? you got to take care of the residents that are already there suffering. >> trace: essentially they're saying, salvatore, that it's just a fairness issue, that's it, bottom line. >> yeah, it's fair. the people of harlem should have the rights to go living in them apartments. you know, the mayor adams comes up to harlem and he's telling the people up there he had no knowledge of it, when it's his administration that's putting them in there. he had knowledge of it. he has to back back, he has to get a pen, remove sanctuary city, have city council move on to it or the people of new york city have to go after our city council people and push it to them and remove the sanctuary city. and that's the bottom line here. >> trace: yeah. and i think many people agree with you on that. salvatore, great to have you on the show as always. >> thank you for having me again. thank you. >> trace: you bet. coming up a showdown between the

justice department and the white house with huge legal and political consequences over the transcript of special counsel robert hur's interview with president biden. and later in the nightcap, a dc man thought he was a multi, multi millionaire when he checked powerball's web site and he saw he had the winning numbers. turns out the wrong numbers were posted on the powerball web site and they will not give him the prize. now he's suing for his $320 million. should powerball make good for their mistake? let us know. x and instagram at trace gallagher. we will read the best responses in the nightcap. 8:20 on the west coast here's the fox news trip across america, live look at the golden 1 center in sacramento california home to the nba's kings now pushing for a playoff spot. and centreville iowa, home of the largest town square in the world, without any stop lights

or stop signs. and, finally, daytona beach, florida, live where they raced the weather-delayed daytona 500 today and william byron avoided two big wrecks in the last ten lapse to avoid the big one. don't forget set your dvr and watch us any time. we are coming right back.

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♪ >> trace: the justice department now putting pressure on the white house to release the transcript of president biden's interview with special counsel robert hur which raised serious questions about the president's cognitive ability and nikki haley trying to put political pressure on former president trump ahead of saturday's republican primary in south carolina. kevin corke is back live with a democracy 24 update.

kevin. >> reporter: trace, a great week coming up you know i love this stuff so this is right in our wheel house. as you know we are under a week until primary day in south carolina and the state's former governor has been crisscrossing the palmetto state telling voters there that president trump's attention, in her opinion is not on the campaign trail but instead in a courtroom she argues, though she does admit that some of the court cases are politically motivated. however, keep this in mind, her criticism of mr. trump is arrive with political peril because it also means she may be hurting her own standing with some of the very voters she would need were she the party's ultimate nominee to say nothing of the fabbing she's way back in the polls already in south carolina and elsewhere. as for the former president's likely opponent this fall the current president is still reeling from a special counsel report that essentially deemed him to elderly and forgetful to stand trial accused of mishandling classified

documents. now there's this new angle the ag merrick garland and his team are putting pressure on the white house to make a decision whether to release a transcript of the interview between mr. biden and the special counsel or not. now, over on the hill, gop house investigators have already asked the doj to turn over transcripts and recordings of that interview. the deadline was today. i'm watching my in box. i will a keep you posted if i see anything trace. >> trace: keep checking kevin corke we'll get back to you as the news warrants. let's bring in jl partner scarlett mcguire and the hill's julian manchester. kevin was talking about the special counsel report there julia, here's what jason chaffetz said about that and then we'll see what you think. >> a special counsel is put in place to produce a report for congress so the other big question is, is there a transcript, is there a video, is there an audio? are there extemporaneous notes? what happened during that.

>> trace: it's interesting julia because if you release this thing there could be a lot of damaging stuff in there. you know, you could talk about really watching and listening to what the president has to say. if you hold it, it kind of looks like you're hiding something. how do you win this? >> look, i think it's very hard for the biden administration or the biden reelection campaign to deal with this at this point. they are continuing to fight this news cycle that really started with the release of robert hur's reports. and we saw that after that, the white house had -- you know, they responded and then president biden infamously came out in that very impromptu press conference and we had a whole other news cycle about his age. sole i don't think this is what the biden administration, the biden reelection campaign wants to be talking about right now. but of course there's that issue of transparency so it's a difficult line they have to walk. >> trace: really is a very fine line. interesting scarlett because you're dealing in polls all the time. the white house believes if they can get a good state of the union address on march 7th, that

maybe it changes people's minds about the cognitive ability of the president. what do you think? are people's minds already made up or can you sway some people? >> i think it's going to be hard to change people's minds back again. we know the majority of americans think that joe biden is too old to run again. they don't think he's got the capabilities and it's not just republicans, it is he not even just independents, majority of democrats also have concerns about his age going into the second term. i think it's going to take quite a lot more than that to change people' minds. >> trace: it's interesting because you have people, you know, forces, head wits from his own apparent on this. here's congresswoman rashida tlaib urging voters in michigan to not vote for joe biden. watch. >> this is the way you can raise our voices. don't make us even more invisible. right now we feel completely neglected and unseen by our government. if you want us to be louder then come here and vote uncommitted. >> trace: clearly part of the contingent that is very upset by

the way he has handled the middle east. what do you think the ramifications of this are going in the months ahead. >> the ramifications especially in a swing state like michigan will be huge. we know in michigan there is a large arab american population and we have seen arab americans and muslim americans the majority are not happy with how the biden administration has handled the is really/hamas war and what we're seeing is rashida tlaib talking to her constituency, very important constituency that helped propel biden to victory in michigan just four years ago. she's telling them to essentially sit this out as a way to protest the handling of the war. so it's very difficult for the biden administration on this issue and it's not just arab americans, trace, we have a lot of young americans who are unhappy with the administration over this as well. >> trace: yeah, that that's a very fair assessment. nate silver, they said the following, it is a time for the

white house to put up or shut up going on to say biden can still win but he's losing now and there's no plan to fix the problem other than hoping that the polls are wrong or that voters look at the race differently when they have more time to focus on it. but even the most optimistic democrats if you read between the lines are really argue that democrats could win despite biden and not because of him. is that fair? >> yeah, i think it is fairment i think nate was actually spot on. joe biden is no longer an asset to the democrat brand, in fact he's acting as a drag anchor on it. if you ask people who would perform better a generic democrat candidate or joe biden on handling the economy, on handling immigration, a generic candidate polls better the op it is true of trump and a generic republican candidate. he's underperforming substantially the democrat brand and that's going to really hurt him >> trace: scarlett mcguire julia manchester, thank you both >> coming up with growing tensions in the middle east the state department thought this would be a good time to remind

staff members to avoid harmful and ex conclusion area gender terms like mother and father. you think we're kidding? wait until you hear the secretary of state. and a polar bear in missouri gets excited at the forecast. plus minor issues with the plumbing in a texas town. the day's best viral videos are next but first a live look at the windy city of chicago. it doesn't look like it but it is cold in chicago right now. warm in studio, though, we're coming right back. five minutes. ( clears throat ) for fast sore throat relief, try vicks vapocool drops. with two times more menthol per drop, and powerful vicks vapors to vaporize sore throat pain. vicks vapocool drops. vaporize sore throat pain.

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♪ >> trace: well, just days after the u.s. launched dozens of strikes against iran-backed militants in the middle east, secretary of state antony blinken was busy cautioning his staff about the dangers of, not rockets and bombs, but the dangers of misgendering. dan springer is back live with more of the names that should and should not be used. dan. >> reporter: pretty shocking, trace. the national review is reporting

that the u.s. state department put out new guidelines to its employees around the world on how to deal with gender identity and it is lock step with left-wing ideology. the review got a copy of the cable from secretary of state antony blinken dated february 5th. in it he says, among the words and phrases to avoid as problematic, manpower, you guys, ladies and gentlemen, mother father, son daughter, husband wife. instead he suggested labor force, everyone, folks, you all, parent, child, spouse, partner. keep in mind, as you said, this directive went out just days after the u.s. fired dozens of rockets at iranian proxy groups that had killed three u.s. servicemen. there is also the war in gaza between hamas and israel and of course the war in beening why that goes on so a lot going on in the world that the state department is involved in. in the cable blinken called

they/them as commonly used pronouns for individuals and avoid phrasing like brave men and women on the front lines which is something we heard countless times to describe the actions of our troops in harm's way. the cable is titled modeling deia gender identity best practices apparently our chief diplomats across the world are now keenly focused on not misgendering anyone. trace. >> trace: when brave men and women is no longer the chosen phrase, dan, we have, we have crossed the rubicon. >> reporter: yeah. >> trace: dan springer live for us in seattle. thank you. let's bring in moms for liberty los angeles chapter chair karen frost and montgomery county bethany mandel. i want to do this two are suing gavin newsom the california governor for forcing them to lie to parents and bethany i want to put this on the screen because

this is the e-mail one parent says they got and we can see this. it says, the student name is blank, preferred name is redacted, pronouns are he/him. mother and step dad are not aware police use redacted and she/her when calling home. this is a list, an effective way to tell the schools how to lie to parents about their own children. what do you think? >> it's terrifying that they are keeping secrets like this from parents because these kind of gender identity issues do not occur in a vacuum. they are often accompanying mental health issues that parents need to be aware of. this is part of a mosaic that they need to be aware of. if their child becomes suicidal or has a mental health crisis. if their child is put on puberty blockers from planned parenthood which is something that can happen without their knowledge or consent they need to know what's happening with their kid because at the end of the day if

something hits the fan it's the parents are the ones that are going to be the ones cleaning up the mess. not the teachers, not the administrators, they're the ones that have to fix the situation but they have to have all the information. >> trace: i say this for you karen because you're in california, the lawyer representing the two teachers says the fog, the governor as the boss has ultimate responsibility for setting education policy for those under his supervision. the california constitution provides that education is ultimately a matter of state responsibility. not up to the families, it's up to the state and the state will dictate how you raise your children. >> these are troubling times because the attorney general, rob bonta has said we need to protect kids from eminent harm. so they are saying that parents are the ones that are the dangerous part of this equation. now if a kid goes to school and they're at home one gender and they show up at school and they want to present a different gender, they're hiding behind a policy of ab-1266 which says they can't disclose it to the

parent. the language in 1266 does not say that but the fact of the matter is if the kid comes to school and discloses to teacher that's fine but the plan needs to be put in place where they work with the counselor and make sure the home is safe but bring the parents into the equation and that is not is what is happening right now and we have people in our own school district, i know one in particular that this is happening right now and they're gas lighting us and saying it's not happening but it is. >> trace: as much as i'm shocked about that bethany mandel i was reading rolling stone today and i come upon this, social media cringe just conservative is running for school board as a democrat. bethany mandel the controversial right wing punnedment and prolific social media poster is run aring for the school board as a democrat. it's part of a broader push by conservative to take over school boards and decide what children can be taught. bethany i would like your response on this. >> i mean, there's so many ways

i can go. first of all i'm coming out on the show as i a democrat. now all of you know, i'm a registered democrat since 2021 it's a non-partisan race and issue. the issue in montgomery county happening all across the country is that activist school board members have decided to choose their activism over excellence and they prioritized that activism over excellence and our kids are suffering and i think that the powers that be within montgomery county but also in the wider country are scared that they're going to be displaced because they've had control over school boards across the country and we're seeing the results. we're seeing how well they're doing with our kids. narrater. it's not great. so they're frayed of accountability and i'm going to bring it to montgomery county. >> trace: good for you. >> exactly right. bethany brings up a good point, here in california 68% of californians agree on thisert ma. this is not a partisan issue, democrats and republicans agree, the parents need to have a seat

at the table and we need to be the primary force in our children's education. >> trace: karen, thank you bethany. best of luck, i'm still shocked but thank you we appreciate your time. ♪ >> trace: first up in tonight's viral videos a polar bear at the st. louis zoo went back to his roots during a winter storm over the weekend, he entertained the guests as you can see by flail i canning around in the snow. the national weather service says st. louis got about six inches of snow to play in. you know who wasn't happy about the weather, missouri drivers. while the polar bear was playing in the snow cars were piling up on interstate 70, multiple tractor trailers spun out and got stuck backing up traffics for hours. first responders went car to car making sure everybody was warm while they sat in traffic. a major water leak put a damper on residents of college station texas, some parts of the road were flooded others got cordoned off as unpassable because of what was happening as you can

see. thankfully the city fixed the issue in relatively short order. if you have a viral video you'd like to share, share it with us at trace gallagher or fox news night on social media. coming up, imagine you checked the powerball web site to see that you have the winning numbers but when you go to cash in your $320 million prize you find out the numbers were put on the web site wrong. we're so sorry. it happened, and now the man it happened to is suing. should he get money? still time to weigh in, x and instagram at trace gallagher. the nightcap crew will take this up nextment but first on fox and friends tomorrow, a major break through for law enforcement. new jersey state police show steve doocy new technology used to find drugs like fentanyl in minutes. dvr the show if you cannot catch it live, same for us, we'll see you back for the nightcap. i have the power to educate people and hopefully save lives.

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♪ [ice clinks] >> trace: back with the nightcap crew kevin corke jackie ibanez, karen frost and bethany mandel. a dc man is suing powerball lottery he tried to claim a $320 million prize but told his

ticket was worthless but the ticket matched the numbers on the web site but the live drawing numbers were different. so they made a mistake but they would not give him his money. dan springer, do you need your money if you're going to sue, do you think he should? what's the status. >> i believe the guile's name is cheeks so i think he's going to be turning the other cheek. you cannot believe everything you see on the internet. obviously this guy's not going to collect a dime. anybody can sue. he's not getting a dime. >> trace: i don't know eddie, when the lotto puts the wrong numbers on the powerball and it's 320 mill, i want my, dan springer, i want my slice of flesh right? >> they messed up at the bear minimum he should get something. they made the mistake so for a few days he was probably telling everybody he won. >> trace: right. >> probably went and made some purse he shouldn't have. >> trace: ran his credit card up presidents bare minimum ran his credit card up. >> trace: karen. >> i sure hope he didn't quit his job or tell somebody to pound sand.

this guy had one job to put the numbers in and got it wrong. i hope he gets a consolation prize at skwleeft kevin corke something has to come his way. >> buyer be wear and in this case i think the law is on the side of the lottery but i agree with you, to make good, give him i don't know, a hundred free tickets or a thousand dollars to pay whatever bills he might have racked up. >> trace: i was thinking more like 15, 20 million. >> no way. >> trace: ja cany ibañez. >> did you nor he's also suing for $72,000 in interest a day. so i think it's worth a lawsuit, i definitely would do that. i don't know if he's going to win but it's worth it. >> trace: i think it probably is, too. bethany mandel your thoughts on this. >> when you go into target and they advertise a toothbrush for a dollar they have to give you that price. i feel like the same principle applies. give him the money. >> trace: yeah. i mean, listen i think you have to give the guy something. if your are wrong on the web site for three days, by the way, they were wrong for three days

because he checked and checked and checked, you've got to give the guy something. maybe not 15, 20 mill but like 13, 14 mill for me. so is he entitled to the prize money, yes 53% on x, yes, 68% on instagram. tina silvestre, i feel like he is entitled to the winnings the numbers were posted on an official web site witness which it wasment tommy balance bone not sure about the whole prize but a few million. ralph that would be like reverseing the scores in the super bowl after the game. the live drawing is what counts not an inadvertent error in transportation to the web site. okay. i get it. don't give the guy the money. thank you all for joining the nightcap. thank you for watching america's late news, fox news at night. i'm trace gallagher in los angeles, we'll see you right back here on tuesday night. ♪ rs, but we're different. (other money manager) you can't be that different. (fisher investments) we are. we have a team of specialists not only in investing, but also also in financial and estate planning and more. (other money manager) your clients rely on you for all that?

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