>> gary: out of time. i love you america [speaking quickly]

>> trace: good evening and i am trace gallagher and this is america's late news. fox news at night. the political world heating up. top guy on capitol hill testifying accused of destroying evidence and relating to the origins of covid using things like smoking gun and making e-mails disappear. even democrats took issue. >> i think he will be haunted by your testimony today and it is unfortunate that it's all on the record. >> trace: question now is whether dr found she fits in and speaking of testimony. >> hunter brian -- hunter biden light three times to professional investigators which is a crime. >> trace: house republicans have indisputable information that he lied repeatedly but begin at the republican party reuniting behind donald trump even nikki haley is saying she

won't vote but what about endorsing or running with him? live in dc with more on the political what-ifs. >> reporter: so many good questions and i will lay it out this way that that was then and this is now as you know all is fair in love and war and politics. barbs at the past are into the dustbin of history for go to party and country but have also describe what former south carolina governor and un ambassador nikki haley used to say about former president trump and what she is saying now. >> many of the same politicians now publicly embraced trump and privately dread him. they know what a disaster he has been and will continue to be. >> i put my priorities on a president will who will have the backs of our allies and hold her enemies to account and trump has not been perfect on these policies but biden has been a catastrophe so i will be voting

for trump. >> trace: continues to grab about 20 percent of the gop votes month after she dropped out said it would be smart for the former president to reach out for the millions of people who vote for her and continue to vote despite her candidacy more or less wrapped up amid a free political advice hard to argue against but still it's important to point this out that she would vote for him and not yet formally endorsed. >> trace: but maybe it's coming why for us in dc and thank you a former top eight. a former top aide girl today on his role in obstructing the investigation into the origins of covid and about what and who knew about win. top aide grilled today. >> reporter: sending directing

colleagues to contact some message him at his personal e-mail address and wrote in an e-mail felt i worked -- i learned here how to make e-mails disappear but before the search starts, i think we are all safe plus i deleted most of the e-mails earlier after sending it to gmail. it is the law that gives americans access to their government records and communications in the select subcommittee on the coronavirus pandemic releasees e-mails and many regard controversial government contractor equal health alliance and its president and spent government grant money on research at the wuhan institute of virology were many republicans suspect a leak started in that pandemic. in april 2021, trump administration terminated funding for coronavirus back project in china and the biden

administration restored the funding with restrictions and last week, department of health and human services no further contracts and before they block the initial grant, pelts i can either send stuff to tony on his private gmail or handed to him at work or his house. jesus -- to smart and it could cause trouble. there's no evidence showing he conducted work on a private e-mail and maintains he thought he was consulting in his personal capacity. >> unintentionally not cut conduct government business? >> some of the mills you provided looked pretty incriminating and i don't know what they are -- some of the e-mails. looks like i made a mistake but certainly was not my intention to do that. >> reporter: a spokesperson tells us it's committed to the freedom of information act and

its department policy that all employees conduct government business on government e-mail accounts. >> trace: wife russ in new york and thank you ashley. usa today's washington editors and thank you both for coming on. mona stop -- start with the politics as nikki haley will vote for the former president and the question now is will she endorse it and possibly run with him if he asked her? what do you think? >> i don't believe nikki haley will endorse donald trump nor do i think donald trump is considering nikki haley to be a vise presidential nominee and vicki haley very clear today that yes, she would vote to donald trump and consider both candidates fatally flawed but even in that, donald trump needs to be talking to them directly but look at the breakdown of supporters and how she made it

so far in the primary it's that double hater mentality those who don't like trump or biden looking for another candidate but if you look at that especially in the open primary states where anyone can vote with out party affiliation is where nikki pulls a lot of string so for donald trump not only need to rap up the republican base but talk to those voters whether or not he tries to court nikki haley directly or her voters, a key voting bloc to bring him over the threshold in november. >> trace: a lot of people think maybe he brings her on board and she becomes the first female president in the meantime a couple of e-mails from dr fauci's top guy and i'll put these on the screen and i learned how to make e-mails disappear in before the search starts so i think we are all safe plus i deleted most of those earlier e-mails after sending them gmail and smart enough to know to never have smoking guns and we did and if

we found them we would delete them not saying i'm not saying it's incriminating but looks shady what are your thoughts. >> reporter: admitted that it looked incriminating to say that in front of a congressional subcommittee is not a good sign but what is so disturbing about these e-mails is the arrogant tone in which he was talking about skirting federal rules that require the american people to be able to have access to these communications and clearly these people never thought there would be any accountability mechanism for the policies they were rendering during the pandemic that frankly led to millions of lives being lost outside of the coven restrictions because of the depths of despair and lack of medical treatment people are able to receive for things that were not covid related and it was a complete debacle and one

of the worst public health responses in modern history and these people very clearly never thought that they would be dragging through committees and they should be facing criminal responsibility. >> trace: while we are on the subject of lies, the committee seems to have strong evidence hunter biden lied at least three times and hunter claims he was high or drunk when he sent a threatening drunk message to the wrong chinese business association but say the associate responded anew exactly what the president sons was talking about in the phone records. is hunter and more payroll here? >> he absolutely could be but student necessarily be surprising hunter biden would've lied to congress as he lied on a federal firearms application and not anything knew in the difference with hunter biden is that he grew up with the biden last name and his father was a sitting senator and he group

with this father becoming vise president and it's funny states passing legislation now the hold parents accountable for their children's bad actions and i don't necessarily love those legislative bills because some parents to everything they can to make sure their kids stay out of trouble but here joe biden really took precautions that while he tried to get hunter the help he needs for his addiction and get him on the right path, he wasn't holding him accountable for the law and shielded his son from that so the fact there is further issues because hunter had never been held accountable and that standard is not surprising. >> trace: says the following that the biden campaign looking for a meme page manager to work with influencers that want to support the democratic party and the 2024 presidential election in amber 30 seconds for you but we needs young voters. >> considering how well the dark brandon memes went over like a lead balloon and i think they're

better off on finding a better candidate will they need people's empty wallets or the minor and virginia raped by an illegal alien? none of these things are funny and i think it's quite offensive to people that have serious problems with how the administration has sent this country in to chaos. >> trace: thank you both and in the meantime, graphic new video from october 7th release and sheds a normal slight on the atrocities committed by our ross -- hamas terrorists and that evening jeff. >> the group represented the families of the hostage wanted to get the video out there saying it's a "wake-up call to the civilized world." we're not showing it but i watched all three minutes and extremely graphic and shows five idf soldiers described as lookouts positioned along the border with gaza and you can see several of them wounded and bloody with their hands tied

behind their backs and being yelled at. one man tells one of the soldiers that you dogs, we will step on you and another tells one of the soldiers she is "so beautiful." but on the same day that video was released, spain, ireland and norway announcing they will recognize a palestinian state and leaders of both spain and ireland sees as a positive contribution towards possibly ending the war in israel reacting by calling its recalling its ambassador's with prime minister benjamin netanyahu saying this. >> voice of interpreter: the attention of several european countries to recognize a palestinian state as a reward for terrorism is 80 percent of the palestinians in judea and samaria support the terrible massacre of october seventh. this evil cannot be given. >> reporter: despite the new floating humanitarian aid, distribution of aid continues to be a big problem is the un

planning new routes after 11 trucks full of aid and heading to a warehouse were recently intercepted. the un says crowd stop the trucks at various points adding there was a "self distribution." trucks reportedly traveling through areas that had seen zero aid so many of the civilians feared they wouldn't see any of it so they grabbed what they could. >> trace: thank you jeff and let's bring an rnc spokesperson and author of stolen youth bethany mandel to you first, when orchestral the pictures or video but clearly hearing some of the bad information about them of terror faced by captive israeli females. do you think people should see this video and it would clarify things for them? >> what's interesting about the release of this video that they've had at this whole time and the parents of the five girls taken as a collective group they decided they wanted

this released because the hostage negotiations hit a total stalemate and they are desperate. one of the captors also said this is one of the girls could get pregnant and we have testimony that happened on october 7th and this has been happening for 229 days and god only knows and we need to get them out now and adds that level of urgency. >> i want you to add to this elizabeth because i think it's important you both weigh in on the video released and why and how important it is. >> i watch this video today and thought to myself, where is the outrage? i would dare anyone to watch his video and come back and tell me we should have a cease-fire before these hostages are brought back home before hamas is eliminated in the fact hamas exists people still calling for a cease-fire saying the things they're saying knowing this happened at 1200 innocent civilians including five americans who are still held hostage right now and something i have not heard from our administration in quite some

time and think it's ridiculous. >> trace: it is and you have spain and norway and ireland recognizing a palestinian state and israeli prime minister says this. [ speaking alternate language ] >> voice of interpreter: intention of several european countries to recognize a palestinian state as a resort for ter -- a reward for terrorism and it will not bring peace and neither will stop us from defeating hamas. >> trace: he's right and this is a reward for terrorism and you watch that video and think how could any one reward them? >> i think that is the intention of these countries unfortunately if you look back in to history of how they've treated jews all three of these countries were neutral and this is an extension of their foreign policy towards the jewish people. they are not uncomfortable with rewarding terrorism against jews >> trace: the ucla chancellor will speak to congress tomorrow as part of his testimony before

the necessary police resources could be assembled to remove the encampment which had become a focal point of conflict as assailants attacked and took several hours before law enforcement could quell the violence and elizabeth, the anti-semitic protesters those people are called protesters and calls the people pro- israeli assailants who went after them and you think a different way of categorizing some of these bits of what you think? >> there's a different way and really sad a lot of us have been having incredibly low expectations for hearing this testimony tomorrow and have all heard from university presidents over the last months the times we were shocked i believe you pen president who could not say if calling for the genocide of the jews was against our standard and policies but at this point it's sad we're hoping we don't hear that tomorrow to get some uplifting message compared to knowing some universities don't know that they're calling for a genocide

for jews is against their policies so a sad point but tells us all we need to know about the status about our universities and education system. >> trace: it really is and thank you both bethany and elizabeth. >> where you guys from? >> pakistan. >> india. >> türkiye. >> they are just dropping the stuff on the ground to come here and assume a new identity so it's a little bit scary so my military background and seeing the people coming across all military and people keep saying that and have the proof right here. >> trace: that is the proof. are a fox news correspondent back on the ground exposing the serious threat to national security posed by a poor southern border bringing in arizona county sheriff and great to have you you look at the people he was talking to them as they were coming across and they

come from pakistan, india and türkiye and what are they doing sheriff and what did they want? >> that's the question we continue to assess government as why are you letting these people in? this has changed substantially over the last few years the people coming from 170 different countries as those id dumps you just saw happens all the time along the border and it's particularly concerning because a lot of times are chinese and syrian 30,000 people who came from türkiye in 700 people that came from iran with a hundred and 40,000 chinese nationals military aged men that have common sense is a ministration took over so we continue to assess same question you just asked is what's the purpose why? >> trace: we have knock on an answer either as we ask all the time in the new york post writes

the following coding "biden administration dishonestly portrayed the crisis as unaffordable and forget the sob stories as they jump in front of legal immigrants in the left incest migration is a humanitarian crisis in a lawless invasion." yet europe is cracking down on the migrants coming in in the united states is wide open. >> they are exactly right. it is not humanitarian as europe figured it out over several years of bad behavior letting people in and we are dealing with it now and it makes no sense like we've exposed ourselves to the people coming in who knows where from all these different countries and we don't know what kind of risk they pose that our government continues to let the men and they take our hard earned tax dollars to give them to ngos to soften the blow for these people offer they've come into our

country by giving the money in gift cards and bus tickets everything we are struggling as americans would like to have. >> trace: at last want to get you the take on this as your in law enforcement as the fox news headline coding washington state judge lowers the bail for illegal immigrant accused of killing trooper from 1 million to 100,000 in the trooper's widow writes the following "reducing bail would not only undermine the severity of the crime but inflict further anguish and distress upon me, our child and the rest of our family." she is right. why are we offering legal accommodations? >> i have no idea usually you give hide bonds to people who are potential flight risks this guy would qualify as that potentially lead the country to reduce this bond but the law is broken in this country with unequal justice and the judges

are out-of-control politics is trumping what is right because i'm sick and tired of it and i'm going back to washington dc to do what i can to bring some common sense back to the country and they restore the rule of law on this country. >> trace: thank you sheriff and we always appreciate it. >> trace: coming up, a hearing in the former presidents case of classified documents and apparently allowed scream thrust and nikki haley finally announcing she will vote for donald trump and will he endorse him? if she does, do you think she might be his vp pick? why or why not. let us know and we will read your responses in the nightcap in the meantime here's a trip across america with a life look at bakersfield, california.

the country music capital of the west. next detroit nickname motor city finally west palm beach, florida with the wildly popular sun fest music festival takes place annually and if you cannot join us live, do not forget to set your dvr and watch us any time. were coming back with a fascinating take on the trump g motrial. with over 6 million moves. don't wait, use promo code 25now to save. book at pods.com today. sometimes your work shirt needs to be for more than just work. like when it needs to be a big, soft shoulder to cry on. which is why downy does more to make clothes softer, fresher, and better. downy. breathe life into your laundry.

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>> trace: four people killed and at least 35 injured as authority searching for survivors and victims of a deadly tornado that struck southwestern iowa late yesterday. the town of greenfield suffered a direct hit from a major tornado and the scale of the

twister remains unknown but it was big and as severe weather ripped across the midwest nearly two dozen tornadoes recorded across ottawa and will get back to you if there any warnings were watching listing down south across the midwest. as we await closing arguments in the criminal trial, former president's defense team and is classified documents case argued today to dismiss the charges and let's go back life to the senior national correspondent kevin. >> reporter: during a marathon day of proceedings in the classified documents case, hearing in front of judge eileen cannon devolved into a shouting match between the attorneys and sort of similar with a lot of arguments which prompted the judge to wonder alone allowed the legal nuances might be too difficult for jurors to ultimately understand but first things first, heated argument played out in the morning proceeding and devolved into a

shouting match over a long standing disagreement between the prosecutor and attorney and you probably know walter won a former president trumps codefendants and woodward claims prosecutors tried to get him into pressure his client to corroborate against the former president by threatening to retract an official nomination judge cannon did not rule from the bench that the case should be doves dismissed on those grounds alone or ruled on a motion she heard during wednesday session that the indictment suffers technical flaws that frankly should require the dismissal of all charges and also seemed skeptical while expressing real concerns about the jury's ability to understand the legal nuances at the heart of a trial. aldus is is coming as the manhattan hush money case against the former president nears the conclusion and set your timers on your watches.

tuesday 9:30 am closing arguments we expect a happening then in the meantime will be watching. >> trace: thank you kevin and let's bring in criminal defense attorney talking about the current trial underway in the former president asked why he did not testify and he said this >> because we made rulings that makes it very difficult to testify. anything i did in the past, can bring anything up and they have no case so why testify when they have no case? >> trace: would you put them on the stand? >> absolutely not and not because of the reason of fact a lot of impeachment evidence or tops on his credibility would come in but the latter reason the people have not met their burden and let's not forget the burden of proof solely on the prosecution as they must prove

every element of this offense beyond a reasonable doubt which is the highest standard of proof we have an american judicial system in this case should fall on its face in front of any reasonable jury absolutely no reason to risk your client testifying former president or not. >> trace: brings us back to a lot of people have a list of legal analysts including those on some of the liberal network saying i'm not sure the president is getting a ship -- a fair shake would you say? >> so hard to disagree with those opinions and having handled many trials over my career and i'm in a trial right now we're talking about briefly. the rulings this judge has put forward scream of bias and a motive to make sure president trump's convicted and it's so hard to put into words how outlandish these rulings are but when you handicap and handcuff a defendant or any went to the

where they simply cannot testify because all types of unfounded allegations will come on in that the proof is in the pudding that that puts the defense in a handicap in a handcuff situation in the prosecution has the ability to ask what they want and question what they want and present evidence as they wish and don't forget the judge did not allow a former chief prosecutor to testify who had direct impeachment evidence of michael cohen so clearly a bias judge in my opinion. >> trace: a great lawyer back in the day and never lost a case said the strike zone for the prosecution and the strike shown -- strike zone for the defense seem smaller. the classified documents case, the judge talking to the prosecution saying listen, you said these documents being released without being redacted but now they want them redacted

saying the court was disappointed in these developments as these roles could be applied sufficiently and fairly and party should not make requests to undermine any prior representation to positions except upon full disclosure for the court an appropriate briefing and you get to the minutia of the question, will this thing ever go to trial before the election? >> no it will not and it's very important to understand why this judge is so upset. jack smith special council on this case so judge, early on, i want the public to know everything and there are no secrets when the defense files documents under seal with the judge that the prosecution says hold on judge, that's inflammatory and prejudicial to the end it doesn't sound right and why don't you seal it so the judges caught in a quandary in federal court when things are filed and electronically if

they're not and if the judge does not know if there is an objection for each document in a case like this with dozens of motions pending, it is both frustrating and it should not be allowed. >> trace: great analysis and thank you server. criminals may soon go by a new name in illinois because, of course, we don't want offenders to be offended. commonsense ways and with one of america's best writers wife next the first alive look at philadelphia pennsylvania the mural capital of the world. i thought it was cheese steak capital but who knew. ing. we are coming right back.

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>> trace: commonsense department thinks blue state lawmakers are losing their minds illinois legislature past a bill called the criminal reduction act that doesn't reduce crime but criminals because you cannot

longer call them criminals in the if the governor signs the bill, illinois will no longer use the word offender but offenders will be "justice impacted individuals so killers and rapists and robbers are now justice impacted? does not mean there are no longer violent? do we have to apologize for ruining the reputations and by calling criminals criminals we offended those formerly known as offenders? are they still accountable or is illinois offering blink absolution? commonsense finds all offenders are no longer offenders but victims are still victims and still suffering because not even lefty lawmakers coat and in california, lawmakers continue to use sanctuary laws to protect illegal immigrants convicted of sex crimes against children meaning illegal immigrant sex offenders or maybe sex justice

impacted individuals get a pass. and child victims get gone. commonsense things lawmakers must be struggling to find a good euphemism for child rapist. let's bring in the author of domestic extremists and great to have you on talking about the building california that the democrats voted in unanimous that california's editors say republicans are completely outraged when we had an opportunity today to roll back a century state policies that protect illegal immigrants convicted of committed sex crimes against minors and we are talking about pedophiles the enemy -- any democrat in the building refused to support and you look at california and the noise saying they are justice impacted people and where we going? >> only crime in the blue states is being a victim of reporting a crime and is what the left loves to do to soften this language to

equalize it and not hurt anyone's feelings and the people are being hurt they don't care about. >> trace: thus the whole thing and you think have you seen the victim statements that they write these letters to go for the legislature and they write these compelling accounts and they say we are choosing the criminals. euro on sub- stock a new story that the entire university went his infamous speech with the virtues of traditional marriage who spoke a lovely of his wife any praise homemaking is the highest call a woman can have and i obviously agree with him and i wrote an entire book on the subject last year and i reread the book today the part you are talking about and that's exactly right that he was misquoted in commonsense talked about how he said you can have careers and do great things but i would venture to guess the best part of your life is going to be your kids and your spouse.

>> right this is commonsense this used to be what people thought in recent memory you could say that to a young woman that it's a totally valid choices stay home and raise your kids and i have a career in feminist instead of giving us the choice is to work or stay home they took away the choice and denigrated it and if you have a college degree, don't waste it by wasting on your kids so god for bid. >> trace: that would be the worst thing in the world. pope francis being asked about conservative bishops. >> there are conservative bishops in the united states that oppose your new efforts to revisit teachings and traditions. how do you address that criticism? >> the use the owchar to conservative and conservative is one who clings to some think and does not want to see beyond that and it is a suicidal attitude.

>> a lot of conservative bishops are not happy. >> pope francis is on the record as saying he hates american catholic conservatives as we are a thorn in his side and said he can't shut things down like a traditional latin mass so i wasn't surprised at all to hear him call us having suicidal thoughts because we don't want to keep doing it the way it was but he redeemed himself said he didn't want women to be allowed to be deacons so is not all bad anymore. >> trace: there was a funny part in that we don't have time one of america's best writers the book in paperback domestic extremists put it back on top on amazon. thank you for coming. >> trace: a judge in tennessee block the scheduling auction of the iconic home of elvis presley supposed to go for sale tomorrow but one of his relatives is

trying to stop it. correspondent is in memphis. >> reporter: they claim they have the d2 graceland and going to auction it off now suppose investment company reportedly backing off. just hours after a tennessee judged order to pause on the foreclosure sale of his iconic memphis home that the investment told reuters it plans to withdraw all of its claims over graceland with no website are phone number company claimed the only daughter $3.8 million and received the deed for graceland as collateral and say she never repaid the money before she died in 2023. elvis' granddaughter alleged in in the lawsuit the company doesn't actually exist the documents include her mother's signature are fraudulent and today the judge jenkins said with it's a matter of public interest, the civil case needed more time for both parties to look evidence and facts.

>> considered unique under tennessee law the loss of the real estate. >> reporter: elvis presley enterprise commented it will came to operate as it had for the past 42 years as to what happens next, live auction schedule tomorrow canceled and unclear how this bizarre back-and-forth of play out in a courtroom. >> trace: thank you. >> trace: first up a new technique to try out next time you were bowling, content creator gone viral for his unique method of getting a perfect score completes the toss with the spin and scores a perfect strike. grandma become the first swimmer to complete the grueling swim out to sea from san francisco to the island spent 17

hours swimming nearly 30 miles in shark infested waters the water was 43 degrees and that is chilly and she completed the swim without a wetsuit and if you have a viral video to share share with us. coming up, nikki haley has changed her tune saying she will vote for former president trump and his weight to the white house and do you think that she could maybe endorse him? go want to get the vp spot? is not the goal? let us know. we will read your responses in the nightcap of first tomorrow on fox and friends rachel campos talks to residents of the historically deep blue bureau excited to welcome the former president. dvr the show if you cannot catch it live in the same goes for us it live in the same goes for us as the advil dual action fights pain two ways.

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>> trace: back with the nightcap here tonight's topic is presidential pairings. nikki haley finally announced she will be voting for donald trump and how before how long before she endorses him and is there a chance maybe he picks

her as his vp? why or why not? elizabeth. >> i will keep it very simple that this took him long enough but like her dropping out of the race but all read it what the president said. >> not considering but i wish her well. >> trace: joe something out of the amber? >> i completely agree and she will only endorse him if that will help her curry favor with the republican party for a future presidential run and i think that's the only reason she's changed her tune on voting for him. there is zero shot she is chosen as vice president as everyone in trump's orbit has been saying the same thing and he wants to pick someone who personally likes and does anyone believe trump likes nikki haley? >> trace: apparently not a lot of people do.

>> no i don't foresee it happening. >> maybe traced. why not. you mentioned it and i said that could be a curveball that she has the world experience and she could help bring in some votes he might need. >> longer lives and long memories in washington i don't think she'll be his running mate maybe setting up for 28. >> trace: there is a lot going around. >> i agree with kevin there is not a low enough number of our alts. >> trace: politics are weird and i say a lot of things could happen i think it's kinda early for her to say she'll vote for trump so you think why so early? why not wait another month or so so who knows. the polo agrees with the rest of you and 8 percent agree

and instagram is 15 percent roxanne a friend of the show says i don't think so but lincoln had his team of rivals so never say never. but as far as vp, one of the qualities he needs most is loyalty and i think that bridge has been burnt. she is supported by two many democrats and that's to your point and tommy says bygones be bygones as she will be the perfect vp choice to unite the party in the country and scott says voting for him is like an endorsement you may get a cabinet spot and no way all she did was badmouth trump during her campaign. thank you for watching america's late news.that we will see you back here tomorrow. yday can help. metamucil's psyllium fiber gels to trap

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