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on a coast, 8:00 pm in los angeles s and this is america's late news, fox news at night breaking tonight, if this is not an invasion, what is? brand-new video just showing a major confrontation of the southern border. migrants caught on camera storming a border wall in el paso, breaking through razor wire and getting physical with the texas national guard. more video and information and moments first to the other breaking news, new york's far left district attorney now actively going after the assets of former president trump after he failed to post bond in his civil fraud case. the newest member of the fox news team a's live in new york with what team trump is calling election interference. good evening. >> good evening trace, agreed to be with you tonight. she isn't wasting any time in taking steps to ensure trump pays up some way, somehow. the office formally filed the multimillion dollar civil fraud

judgement in westchester county, that's where the former president owns a golf course and a private estate. this is all in case trump and his legal team are not able to come up with the for hundred 50 for million dollar appeal bond in the next for days. >> the ask of judge... is a completely ridiculous and it is intentionally to interfere in the election, to hurt president trump, to try to ruin his company and try to ruin a person and familwhose private company, not public company, has made the skyline of new york change forever and made so many jobs, crated jobs, taxes to new york. it's a disgrace. >> reporter: just recently trump's lawyers reveal that they've struggled to find the backing necessary to cover that amount of cash. now they are calling on his supporters to help raise the money. in an effort to stop the witchhunt and trump of course

has asked the new york appeals court to waive over at least -- or at least decrease the bond while he challenges that verdict. there has not been a ruling on that just yet. >> while we have you, a couple of quick questions. does this filing in westchester county mean that the teacher james could go after those assets first? >> it's unclear as of right now. isn't there procedural step. it's necessary in that particular jurisdiction where he has property. here in new york, the state would need to register the judgement to gear up that possible process because the verdict was handed down here in manhattan. again, the office would only secure a lien against trump's properties if he is unable to post that bond by monday. >> good stuff, welcome to the team, thank you so much, we appreciate it. let's brand from old defence attorney former prosecutor david

gelman. jonathan turley said the following and i'm going to see if you agree with this. watch. >> he could have said 1 billion or 2 billion. it had the same level of relevance in connection to the evidence. >> trace: there's an argument that elon musk couldn't come up with $500 million in this amount of time. >> it's funny, letitia james after she is going after trump's properties, she's going to go after the statue of liberty. she actually, $100 million donald trump is coming up with right now. $100 million liquid cash that is a ton of money. show many's -- show me somebody who can come up with that right now. half a billion dollars she wants somebody to come up with? give me a break.

i have clients who can't even come up with a thousand dollars, let alone $500 million. that is a violation of due process and a violation of the eight the moment right of the constitution. it's unjust. >> trace: it sounds to me like maybe another court needs to kind of intercede here, needs to come in and to do something. what do you think? >> you are exactly right. i think trump's attorneys are backing this right now. i think they are expecting letitia james, she's going to overplay her hand. she's going to try to go after one of his properties and they are going to file for a motion in the federal courts because she is going to violate his eight them admit rights which is that this is a unfair and in excess fine. and they will have standing in the federal system. so get out of the new york corrupt district if

you will wear obviously they haven't been very fair to donald trump so far. >> they really haven't. great to have you on as always, thank you sir, we appreciate your time. back to the top story, the incredible video of what appears to be a literal invasion across the southern border in el paso texas. a massive -- mass of migrants storming the border and knocking down the guards. jeff paul live with the latest on what happened here. a good evening. >> reporter: we reached out to folks at u.s. customs and border protection, they tell us all migrants involved have been moved from the site, additional personnel have since been deployed to the area in a situation is now under control. when you see this footage taken by the new york post, it was pretty chaotic for a few moments. that was the scene earlier today at the us-mexico border crossing near el paso texas. the video appears to show a group of more than 100 migrants trying to rush across the border. ripping down fencing and

razor wire. some accounts say the group even knocked over texas national guard soldiers who were just trying to push the group back. we are told border patrol agents eventually took custody of the migrants to process them under title eight -- a. they say they even ended up arresting several people, accusing them of assaulting those very texas national guard soldiers. he also added he doesn't know what more is needed to show there is a quote invasion at the southern border. >> really shows the type of situations that are -- we are dealing with every signal day on the front lines. eight shows also that when you have hundreds and even thousands coming across, is even more challenging... when we don't have all the resources, especially federal resources. >> trace: the father of laken riley addressed lawmakers at the capitol in atlanta today. 's daughter was the nursing student...

jason riley, the father of laken riley urged the governor to declare an invasion to detain and deport criminal illegals so we can prevent future families from those very tragedies. >> i stand before you a heartbroken man. part of my purpose has been taken. god gave me a beautiful daughter to father, protect, provide for and nurture. i man with an evil heart stole her away. he was in this country and in this state illegally. my vision for every senator in the chamber is that you protect citizens from this illegal invasion. >> i spoke with one my sources tonight at the border there in el paso. they told me texas national guard soldiers are not equipped with nonlethal force. when something like what happened today happens, there isn't much they can do to stop it other than stand in the way and unfortunately get hurt in the process. >> trace: if they heard some buddy else there would be hell

to pay. jeff, thank you. let's bring in chicago resident... i'm not sure if you saw the video there but it really does look like an invasion. it's interesting to me that there -- they are no longer trying to sneak across the border. they are storming the border like they have a right to be there and it makes you wonder what's next. >> they do feel like they have a right to be there. remember our president has said those who want to come, come on over. we are here to give you a path to a better life. so when you say that to people, then naturally they are going to come. i think that what has to happen at this point is the president has to stand up. he has to say listen, this is not necessarily what we had in mind. we have to stop this. remember they are still coming over here illegally. and here in illinois, we had a federal judge pass a law saying

that now illegal migrants have a right to carry weapons. so can you imagine the crime and the things that are going to happen now that you are basically giving them a license to carry. we don't know who these people are, we don't know what kind of criminal backgrounds they have. we don't know where they are coming from and we are letting them in, we are trying to give them all of the rights of an american citizen and it's like at what point do we say no? absolutely not. >> trace: you talk about the violence and it's unbelievable. the man who knows the violence that some of these people may bring is of course the father of laken riley. i want to play more sound of him because he said he came before these lawmakers as a broken man. he went on to say the following. >> my vision for every senator in this chamber is that you protect citizens from this

illegal invasion. please recognize over a million illegal aliens are in this state and making families nervous. please recognize it is a century city and this policy and the lack of action led to the murder of my daughter. please declare an invasion to detain and deport criminal illegals so we can prevent future families from those tragedies. >> trace: he's a broken man, he lost his daughter. i can't imagagine what he's goig through. he is just asking to not let this happen to the next father. >> to protect the needs and the right of other young women. like i said, we don't know who we are getting. and if you don't stand up, if this country does not stand up and protect our borders, if we don't do a better job of securing our borders, none of us knows exactly what's going to happen. and my prayers go out to his

family. when you look at that video earlier, you know that it's only a matter of time before the violence begins to increase. desperate people are going to do desperate things. and as the resources run out for the migrants all over this country, we are going to begin to see that desperation turn into crime. >> trace: we see it. we really do. we see this all the time. when you see images like that, we haven't seen that yet and you wonder, we haven't seen that, what will we see next? it's always great to have you on the show, thank you so much, we appreciate it. >> thank of her having me. >> trace: former senior executive at nbc universal is getting backlash for thing that former president trumps youngest sun is fair game after turning 18 years old. the senior national correspondent kevin court is life with more on that story.

>> he commemorated barron trumps birthday by sharing an image with his father. he quickly backtracked after facing intense backlash from fellow users on ask. things got so bad that he eventually deleted the post and walked back the comments saying i posted he was fair game, now meaning as an adult. he's fair game for criticism from the press. he also told newsweek in a statement someone pointed out to me fair game could mean fair game to be harmed. don't wish physical harm on anyone. i took it down. i listen to the comments and criticism i received. still his post was not well received, especially by republicans. some of whom called it creepy. former hhs official said this creepy nbc guy is completely broken. i wonder if he has kids, nephews, nieces, how old are

they? the trump campaign immediately responded to fox news agile request for comment. the kind of thing you don't like to see posted, even tougher win you do it. >> it's not the first time this post has posted things about barron trump. let's bring in former... and former california congressional candidate cheryl adams. thank you for coming on. breitbart writes the following, quoting here... do we have it? no, we don't have it. they said it's a mess, this appears to be getting worse and the same person apparently did not -- can we put this up on the screen? i got lost. so what's happening here is that this person has posted this kind of stuff before and i'm wondering if now that he's 18 this is going to be commonplace?

what do you think? >> the left and the media have really taken out tone of attacking the trump family, not hiding but doing it in plain sight. that includes the children. it includes barron. it's really not surprising. i find it to be quite tacky and really it's the sign of a sore loser. instead of joe biden taking the debate stage and fighting donald trump had on, he's having anyone and everyone fight his battles for him. that includes people like this on twitter who are going after minors amongst the trump family. >> trace: it is kind of sad. meantime moving on to politics now. they said this about biden and his -- and hispanic voters, watch. >> if you look at a polling right now, who they choose and the ballot test? it's barely biden. biden by about two pois. it would be the smallest margin for any democratic candidate among hispanic voters basically

throughout history. >> trace: biden knows it and he is trying to round up these hispanic voters saying i need you. if his numbers state, he can't win. >> eyes just ran for congress and i spoke to 5000 voters through the primary and voters of every kind are sick of what's going on in our country. i think the hispanic voters in particular are looking for change. they want a business minded president. biden contrived but i didn't really run into any democrats that were really behind what biden has been doing. i can attest firsthand voters want change. >> it's interesting because some of those voters have spoken and they said the following, watch. >> do you think the economy was better under trump? >> i do. >> yeah, absolutely i would say so. >> used to be that we could go out and do things like go out to

dinner or twice a week. now that's not happening. you have to budget everything down to the finest thing. and the cost of healthcare and medical has gone up. >> trace: i think it's one of the things that the white house just doesn't get. everything is more expensive and everybody is having trouble. was just reading where you have credit card debt, people are waiting three months now. the first time it's happened since 2008. a lot people waiting three months to pay their credit card bills because they are getting behind because the interest rates are so high. >> it's really shocking trace. the economy as far as the white house goes would say that it's thriving and that it's amazing. the average american certainly doesn't see it that way and doesn't feel it that way at home. when you look across america, joe biden has tried to compare his administration to donald trump's and it's really a losing argument. our communities are less safe, everything is more expensive and war is breaking out all over the world. i'm not sure exactly how he's going to fight to win any of

these communities including the latino vote because they know that not only do their values align more with conservatives, but their pocketbook does as well. >> trace: the pole that came out, it's about north carolina. it says trump 51, biden 48. it's interesting because there's a lot of people on the republican side who think this number should be bigger for trump. he won north carolinin 2020 by a little more than a point. now he's leading by three, margin of error. doesn't look like he's botched at all in north carolina. >> i think i read today that he is getting some sympathy from people. they realize he's been targeted unfairly. what if that happened to me, he is running for president and he doesn't deserve what's happening to him. back to that latino voters, they are family people and business owners. small businesses have been affected severely by the budget. cuts and the covid recovery that

really never happened. voters want stability. they don't want crime. they see that honestly with the president trump versus biden's administration. >> trace: you make a very good point because you talk to these voters who say listen, they are trying to bankrupt trump. they are trained take his properties away. if they can bankrupt trump they can road me. if the government charges you, they just... they don't have the money to defend themselves and that's how it goes. great to have you on. thank you. first up and tonight's real news round up, the family of a missing missouri girl charged for beating 16-year-old kaylee gain into unconsciousness now claiming that she is the real victim. the family not asking the juvenile court system to show compassion as they try to raise $150,000 in donations toward her legal defence fund. i california have deplete

for nonviolent crimes all social media. the department says it's trying to create -- creatively maintain transparency while honouring the presumption of innocence. last night we highlighted calls to boycott planet fitness for their transgender locker room policy. today the market value officially plummeted nearly for hundred million dollars as critics continue calling for the bud light treatment to go woke or go broke. and coming up, and anti- israel protest in new york city may as well have been an anti- american protest with demonstrators sending the american flag on fire and comparing police to the ku klux klan. later in the nightcap, on mom and her two kids crash their car into a creek, five college freshmen called 911, they jump

in the water and they save them. even had to perform cpr. could you? your daughters, your sisters have pulled off this rescue. would you even try or just wait for first responders? let us know on acts and instagram. we will read the best responses in the nightcap. it is a 20:00 on the west coast. trip across america, alive look at honolulu hawaii which translates to calm harbour, who knew? next to arkansas were there are no stoplights. finally alive look at lakewood ranch florida. did you know florida is the fishing capital of the world? can you believe that? don't forget to set your dvr and join us any time. where coming right back. ng me? customize and save with liberty bibberty. he doesn't even have a mustache.

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>> trace: it was an anti- israel protest but the anti- american sentiment in new york city could not have been hired. they burned the american flag and compared police to the ku klux klan. jeff paul is back life with the latest on this. >> good evening trace. it appears the incident happened on tuesday near manhattan's park. crowd gathered for what organizers called a emergency protest for gaza. katie smith captured this video showing an american flag on fire. and other videos at that protest that smith took you can hear the crowd chanting from the river to the sea, palestine will be free. their group of demonstrators later took to the street, chanting and waving palestinian flags. smith reported the nypd at one point arrested several people but the march and demonstration continued. this week's protest is reminiscent of another

demonstration in new york city in january where propellers ten protesters burned an american flag in front of the american israeli public affairs commitittee. the protest group within our... also posted one video appearing to show the crowd chanting nypd kkk idf, you were all the same. >> trace: jeff, thank you. the commonsense department read the internal newsletter by the biden administrations diversity equity and inclusion team. it was sent to agencies like the fbi, cia, dhs and doj among others. it's about changing the terminology related to counterterrorism to get rid of problematic phrases like jihadist or islamic extremist. the goal is to be more inclusive with our adversaries like iran and china. we learned the biden administration would also get

rid of terms like blacklist, brownbag and cakewalk because we are told they are racist. the same people who want to drop the word jihadist also want to drop the term illegal immigrant. common sense would remind the team that illegal alien or immigrant just wasn't concocted by the right to be derogatory, it is the exact term used in the federal law. it's not offensive. it's accurate. as for the word jihadist, it means war against non-muslims and age a hottest is a holy warrior, again, not offensive, accurate. you can siphon the language all you want but the people who attacked and killed 1200 israelis on october 7th are not freedom fighters. they are hamas terrorists, heartless killers and common sense would suggest kinder, gentler terms is unlikely to make kinder, gentler jihadists.

let's bring in... thank you both for coming on. breitbart writes the following. we are seeing a flame among protesters during radical anti- israel demonstrations in the heart of new yorork city where protesters were also heard chanting against the new york city police department comparing law enforcement as well as israeli defence forces to the ku klux klan. it appears after all these months of... it's getting worse. >> it is. i've actually had countless conversations with non-jews since october 7th. people express sympathy for what happened in israel as well as for the fact that anti-semitism is clearly on the rise. people have continuously asked why they should be worried about anti-semitism when they are not jewish themselves. i've said it so many times. anti-semitism is never a standalone issue. does not arrive by itself. into indicative of ase problem than just the hatred of

jews. when you look at these rallies you see people who hate jews and israel and who hate america. this is a wake-up call for so many people to understand why they have to be on the lookout for anti-semitism and fight this hatred. on till you see that american flag burning on the ground, you may not understand the monster that is anti-semitism. >> we talk about the problems here, if israel goes into rafah, you know it's going to get worse here, worse for biden. i want to put this pull up because i think it's instructive. this is the october 7th response. percentage of people who say the way israel is carrying out its response to hamas, these are ages 18 to 29, on acceable 46 percent. acceptable to anyone percent. 32 percent not sure. the number on the left caught my eye. that's a big number. >> of course because when you have everybody in the media and everybody saying that israel is the goliath and they are doing something wrong than people are going to believe it. we must understand we are

becoming so weak in this country. we don't want to use the word jihadists. these are people that are rebelling in the streets. they went to the parade, they sat down and wanted to destroy the american way of life. they are not burning the american flag now to go and say we hate america because of what you're doing. you have the head of the senate giving them everything, telling israel to stop. they should go and say yea we love america,. >> trace: it's not enough. >> they want to bring us down to. >> trace: headlines has the following. one in five young americans think the holocaust was a myth. it's not about forgetting, they don't believe. >> they don't. where have we seen the largest protests and students running

for their lives? on college campuses. we have an education problem in this country. i saw the adl release their new survey on anti-semitism in america. for the first time ever, millennial's lead the way on anti-semitic beliefs following second was jens he. if i'm not mistaken i think 17 percent of those in that age bracket said that the best way to solve the crisis in the middle east was to eliminate the state of israel. they are learning that on social media and on college campuses and that's the real problem here is education and a huge lack of it. >> trace: i want to put up these pictures because this is the university of berkeley which is being targeted by a congressional admit -- investigation. elizabeth was taught -- just talking about the survey period i want to put this on the screen as well and we could play the video in a minute. more than 42 percent of americans either have friends, family who dislike jews or find it socially acceptable for a close family member to support hamas.

and as you see pictures of protests at berkeley and colleges around, does any of this surprise you? >> not at all. it's been a history of the jewish people for 2000 years. there's always the scapegoat and ... but there is one thing that we always knew. we are going to be here tomorrow. these people that are coming after the jewish people... what you think is going to stay here? look what you are staying with. that's the trade that's going on right now. hate the jew and what you left with? these protesters? they are not quite to make the medicine for you tomorrow. they are knocking to make anything better for you tomorrow. they are to burn your flag america. iran loves this. >> trace: thank you both. coming up, a hero in a police uniform caught on video carrying a teen across the finish line at the los angeles marathon. that police officer will join us live onset next.

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>> trace: the new report in the new york times about places are now detailing the harm that pandemic school closures and remote learning caused our children. the times quoting here today there is a acknowledgement among many public health and education experts that extended school closures did knot significantly stop the spread of covid. while the academic harms for children have been large and long-lasting. did we need the new york times tell us the public schools screw this up? let's bring in... to you first doctor. we've been saying this now. i can rewind the tape and we can play it for an hour just saying how much the teachers unions and

the politicians screwed this up by closing the schools. >> it was a public health officials as well, especially here in la county that was the epicenter of lockdowns and schools for the entire planet earth and parents and doctors and scientists repeatedly were saying this is unscientific, it goes against common sense and you have not done a risk-benefit analysis on school closures. we know what the risks are of doing this and we know that the benefit will be next to zero. what did they do to us? they shamed us and discredited us, they censored us, they mocked us and eventually tried to exclude us saying no one's saying it anymore because they shut us up. we weren't shutting up and ultimately we were proven correct. the new york times is backtracking just they can help their reputation throughout history. we will remind people what they said initially. >> trace: the supreme court might give the government more power to shut people up. who knows. the national abuse as the following here. they signed a bill into law on

wednesday effectively banning diversity, equity and inclusion programs and public schools and university university. roll tide, just saying. the de i stop has also been detrimental. that's the whole thing. you hear these accounts but this has been detrimental. it is separating people. >> it is separating people. it is divisive. we know that. some teachers here in california and across the country have certified through their own experience that dei, diversity equity and inclusion sounds wonderful because they use the fancy words that sound so pleasant to us all. however,, dei is actually critical race theory and practice. and that equity in dei is essentially dumbing down our education system to prevent students from achieving things based on meritocracy. >> they are totally separate

words. the new york post editorial because manhattan schools now not allowing transgender students to play female sports. the new york post editorial board said potential transgender sport band in ultra woke manhattan would be a big win for athletes and sanity, hooray for sanity. >> i think first we have to be respectful of people who are transgender. if they have that choice or if they have that life, respect that. the same time, women have fought for decades to get equal representation in sports and have women's sports. they worked very hard to get there. they use that to get into college, they use that for self-development, for fun, for team bonding. all of a sudden they got that compmpetitive capability taken away by people who are just biologically going to be superior to them. that's very unfair to those women who have tried for so long to be able to get into those competitive sports and now have no chance because the odds are

biologically stacked against them. this sort of move makes sense but we have to remember that we can still do that while remaining respectful of people who are transgender. >> trace: that's exactly right. the whole point is people keep saying when the deb -- went to the democratic party say they are bored to forget about women and put their focus on something else. this is been a sanity segment. what you think about this manhattan school district? >> absolutely. just to reiterate what you've said, everyone deserves dignity and respect. and especially end, we are in women's history month. especially in women's history month, to force young women, girls to compete against biological males in sports is not justice. its insanity. >> trace: joe, dr, at thank you both. now to the feel-good story of the week, maybe of the month, we loved... carrying a 15-year-old runner

across the finish line of the la marathon. that officer is here live. sergeant it's great to have you on the show. just to get people caught up to speed, you are at the la marathon, this runner 15 years old collapses about a half-mile before the finish line and you decide may be there's a little help needed here. >> yes sir. he did collapse. we requested an ambulance for him. once the paramedic gets here and treated him when he regained consciousness, the first thing he asked his did we finish. 's mom looked at me and i said, yeah, he did but i had to help them. initially were -- we were going to walk him. he put his arms around my shoulder and... and we were walking him. we told him the last 100 feet or 200 feet, you do it on your own. his legs gave out. so i just lifted him and made sure that he finished the race. he's the hero. >> trace: he was a hero and he

was aided. he had a hero behind him, have you talked to the boy since then or what has been the response to this? everybody has seen it. what is been the response for you? >> it's been all positive. the kid is very shy. he doesn't want to talk to the media. but the parents are... i guess for me it was just positive. at least now some good news for police because... i love that -- the attention that he got. >> trace: there was word, i'm not sure if this is true, maybe next year you might run the la marathon. maybe with this 15-year-old who would be 16 years old. >> i did say maybe if my body

holds up. >> trace: how is it been with your fellow officers? have they said, hey, very nicely done. >> yes sir. all the guys have been... but it's been good. >> trace: it's great have you on the show, thank you so much. we appreciate your time. that was a great thing to do. coming up, five remarkable college students heroes for saving a mom and her children when their car was submerged under water. would you have gone in, and sergeant would've i'm not sure that the rest of us what it. let us know on ask an instagram. we will read the best responses in the nightcap. for moderate to severe crohn's disease

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>> trace: we're back with the nightcap crew. heroic students, five university of georgia freshman girls, rescued a mom and her two kids after they crashed into this creek. the girls rushed into action. they pull the family from the car and then performed lifesaving cpr on one of the kids, also called 911.

do you think you could have performed a daring rescue like this? as a college freshman with your people. what is your thought? >> kudos to these five young women, these heroes for helping save this mother and her children. growing up i learned to swim at a young age and learned water safety. i would've felt comfortable jumping into the water like these five young women, doing everything i could to help save the mom and her children. chi would even today and i would hope that someone would do that for me. >> it's interesting, these are university of georgia freshman. these kids are like we are not about to let somebody else go. you're thoughts on this? >> even as a freshman i think i probably would've tried to do something, angle with my and get out and try to save a life.

>> when i was five years old, here in la, my best friend died in a helicopter crash. coming back from catalina with his family. the rest of the family got out but they couldn't get him out of the helicopter, he sank with it and drowned. after that, it's weird i remember it like it was yesterday. after that experience i would definitely jump in and do my best to save someone. >> it's interesting. jill. >> right now at the age i am matt i would definitely try to help because standing by and seeing something horrible happened is a nonnegotiable. at the age of 21, i can't -- i don't know what i would've done. i might have been terrified and paralyzed. this is such an inspiring story to share with my own daughters. >> i would love to say that i would've done the same. more importantly, how great is it that we have this inspiring story. finally have something good to go to bed thinking about.

>> you hope you do that. you never know how you were going to respond in a stressful situation. if anything i hope people watch this and find other little ways to rescue people around them whether it's a sinking car or somebody needs help with their groceries. >> i have two girls, there in the water no doubt. we asked ask an instagram, would you perform this? 61 percent... i would've attempted a rescue but i don't know if i would've had a steady hand and know how. mike spencer said i would definitely do this rescue or die trying. thank you all for joining us on the nightcap. we will see you right back here. kevin cork... vaporize sore thr.

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administration, and donald trump said that he wasn't a citizen. ♪ ♪