out of time, thank you to our guests, our studio audience, "fox news @ night" with trace gallagher is next. i'm greg gutfeld, i love you america. >> trace: good evening, i'm trace gallagher, 11:00 pm on the east coast, 8:00 in los angeles

and this is america's late news, "fox news @ night". breaking tonight, the city of san francisco flu the appeal to have been flagged for 60 years, calling it a tribute to america. the wife of supreme court justice flu there's a -- very same flag and it was called a symbol of hate. commonsense has thoughts on that. meantime president biden now on day four -- 471. not a number of days in office, it's the number of joe biden's vacation days as he heads back to the beach but not before slamming donald trump's response to his guilty verdict. >> it's reckless, it's dangerous, irresponsible for anyone to say this was rigged just because they don't like the verdict. >> trace: brand-new tonight, peter do see following up on that. >> when trump says you are trying to bruise him, what do you say? politically he thinks you are pulling the strings behind the

scenes doing all this to help yourself. >> i did not know i was that powerful. >> trace: meantime the trump campaign that raised almost $34 million in the hours after the verdict now firing back. >> can you tell us, donald trump refers to himself as a political prisoner and blames you. what is your response? >> trace: kevin corke live in dc with more on the political back and forth. >> reporter: good evening trace. a powerful ad indeed. president biden for his part says former president trump will be given the opportunity to appeal yesterday's guilty verdicts. thirty-four of them in all but he says as you heard there momentarily, reckless, dangerous, irresponsible for anyone to say it was rigged just because they did not like the verdict. >> the american principle that no one is above the law was reaffirmed.

donald trump was given every opportunity to defend himself. it was a state case, not a federal case. >> reporter: later on the president, who welcome to the four time super bowl champion kansas city chiefs to the white house told our own peter do see he wasn't worried that something like that could happen to him in the future. but he wasn't so sure if this helped or hurt his gop opponent. >> you think this conviction helps trump in the election? are you worried this could happen to you someday great somebody comes up with some charges and tries to bring you into court after your term? >> i did not do anything wrong, the system still works. >> reporter: system still works he says in speaking of mr biden, 2024 election opponent, former president trump taking to truth social tonight blasting the verdicts, writing "in the political prisoner of a failing nation, but i will soon be free. november 5th, and make america

great again." by the way asked also by reporters about the former president referring to himself as a political prisoner, mr biden turned around and as you saw there, trace, he grinned and cracked a smile. >> trace: kind of ought i have to say. kevin corke live in dc, thank you. [♪♪] the "fox news @ night" commonsense department has a bit of whiplash on this friday night, complements of the biden administration who said that president biden would indeed comment on the verdict in the trial of donald trump and then suddenly biden decided not to comment. but apparently the conviction was way too enticing and biden could not resist saying a few words. and if you did not hear, those few words included reckless and dangerous. biden was of course referring to donald trump calling the trial rigged. commonsense thanks rigged is a strong word, but is it reckless?

the trial was clearly political, clearly unfair, clearly selective, but these days disagreeing with the left is an assault on democracy. riots on the left our social justice, rockets on the right are insurrection. the left follows the science, the right endangers lives. democrat lies are badges of honor, republican lies are lies. san francisco, a democratic city, flies the appeal to have been flagged for 60 years and it's a tribute to american history. the wife of a conservative supreme court justice flies the very same flag and it's a symbol of hate. commonsense thanks it's no surprise that biden is framing this election as a battle between good and evil, and you can guess who wears a white hat. kind of makes things feel a bit i don't know rigged. let's bring an independent women's law center director former trump white house attorney may mailman along with

attorney and rnc surrogate mehek cooke. thank you for coming on. may, to you first, biden says if you disagree with the verdict it is reckless and dangerous. what do you say? >> i can't believe that president biden would say such a thing because the democrats have been relentlessly attacking the supreme court, so you can argue that the supreme court should be packed, you could argue that justice alito can't fly flags. the most common flag inside the capital on generally six was the american flag right side up so i assume no one can fly the american flag right side up either so you can relentlessly attack the supreme court but you can't attack a judge in new york actually donated to democrats. makes no sense. >> trace: a very good point because i was going to bring up the same thing. he was asked by the way as he walked offstage this, and listen and then we will play this smirk one more time. watch this in it's full. >> mr president, can you tell us, sir, donald trump refers to himself as a political prisoner and blames you directly, what is

your response to that, sir? do you think the conviction will have an impact on the campaign? we would love to here your thoughts. >> trace: i said this earlier, mehek, to kevin corke, it's very odd, i guess that's the best phrase i can come up with. >> will i have to say this was rigged. this was rigged from the very get-go, the fix was in, the table was tilted, this entire case was rigged. you have a rigged and rogue da that has been running on getting trump, and that's what he did. he resurrected a conviction based on a misdemeanor, which by the way into hundred 30 years in new york has not been tried. you had a partisan judge who donated two different times, any american can look this out, you don't need a law degree to see he donated twice to joe biden. his daughter is making millions of dollars. he gave jury instructions that were confusing. let's be clear, and nda, a

settlement agreement is not illegal, it is legal. every attorney engages in this in america so this was rigged and that's not my legal opinion, that is a fact. >> trace: yeah. sounds like you think it was rigged, mehek, i'm just saying. here's trump on the trial itself. watch. >> it's a rigged -- it was a rigged trial. i'm honored to be involved in it because somebody has to do it and i might as well keep going and be the one, but i'm very honored to be involved because we are fighting for our constitution. >> trace: fighting for the constitution, may mailman, and apparently it's resonating because they raised some 52 million over the past 24 hours. >> yeah, this is usually powerful. the biggest day for democrats was the day that the abortion decision came out and democrats raised $20 million. you saw how powerful that was during the midterms. so this is more than double that

and just one person. so i think you can see how passionate people are and how fat potentially is going to turn into the box success. >> trace: and here's the new strategy, mehek. i want to put this up, this is from the trump website where he calls himself a political prisoner. what do you think of this strategy? >> well, trace, i think president trump is right. we are living in lawlessness under joe biden right now. we have allowed 12 million illegal immigrants, 250 known terrorists, a one pill can kill chinese fentanyl, so we are all prisoners under joe biden until we don't get safety and security in america, we will be political prisoners, every single person that disagrees with biden or any democrat is a grave threat now and we have to be very careful and make sure that we vote early for president trump if we want to win. we cannot take anything for granted as republicans, we have to act like we are ten points

behind. this is just the beginning. >> and that by the way has become a mantra for republicans. vote early. in 2020 it was like the day of, now gets get out and vote early. may mailman, mehek cooke, thank you both. the former president fired back with a defiant news conference at trump tower including a promise to appeal the verdict. nate foy continuing his relentless coverage, live in our new york studio. good evening. >> reporter: good evening trace. for a lot of the reasons that you just discussed, former president donald trump promises to appeal yesterday's verdict and here's how that will work. he will have 30 days to do it. after his sentencing hearing on july 11th. today at trump tower the former president criticized judge one merchan calling him a tyrant for imposing a gag order on him and refusing to allow the full testimony of former fec commissioner brad smith. >> we are going to be appealing it on many different things. he would not allow us to have witnesses, he would not allow us

to talk or do anything. the judge was a tyrant. i'm willing to do whatever i have to do to save our country and to save our constitution. >> trace: >> reporter: so the deadline for posttrial motions is in under two weeks but trump's attorneys indicate one of the reasons for appeal is a perception of merchan's bias. the judge donated $35 to democrats back in 2020, including $15 to then candidate joe biden. merchan's daughter also works for a democratic political campaign firm. but the state commission on judicial conduct already dismissed an ethics complaint about merchan. trump lawyers may also revisit key rulings from merchan during the trial like denying a mistrial motion after salacious testimony from adult film actress stormy daniels. the defense may also challenge the trials overall fairness given it's publicity and trump's status as a celebrity and former president. the prosecution's star witness michael cohen's credibility is also expected to be questioned. so come july 11th, trump faces

possible jail time, fines or probation, but an appellate court could suspend or delay the execution of his sentence until after the appeals process is over, which is expected to happen after the november election. >> trace: sensing in 41 days. -- sentencing. let's bring in the former lieutenant governor and attorney general of idaho david leroy. attorney general, thank you for coming on, we appreciate your time. the wall street journal had the following op-ed saying "a guilty verdict for trump and its consequences for the country." it goes on to read "out conviction sets a precedent of using legal cases, no matter how sketchy, to try to knock out political opponents, including former precedence." in your estimation, sir, how dangerous is this for the country? >> well it's a grave difficulty for the country. it doesn't destroy the criminal justice system but it does deal at a significant injury. political prosecutors are in

grave danger, whether they are targeting specific individuals for political purposes or whether they are even not prosecuting certain crimes, like shoplifting. a prosecutors job is to see that justice is done, not to gain convictions. beginning, middle and end of a prosecution is to obtain a political conviction that results in a political disruption. that is a very significant injury to the system. >> trace: it really is. of former precedence attorney was talking about the appeals process. he said this, and i will get your response, watch. >> nobody knew what the underlying basis for felon immunization was until at the earliest of the charging conference. that is a bizarre spectacle to be on trial where you don't really know the government's theory until the end of the case >> trace: it was kind of bizarre because you look at this and you think it was almost like

let's make a deal in the courtroom. if you did not like crime numbed door number 2. crime number 2. it was the most bizarre thing i've seen in the legal world. >> the case started out that way. the charging documents weren't specific. the evidence wasn't specific and we still don't know upon what basis either collectively or individually the jurors convicted donald trump. that is one reason i am more optimistic about a possible appellate victory at the first or the second level in the new york courts back because the issues are so glaringly wrong and because it has to be done in writing, there's no place for the judges to hide. >> trace: i have to go but i want to know, jail time, yes or no? it's unusual to give somebody like this jail time but the whole trial has been unusual. >> when we convict somebody of 34 felonies, we expect a significant period at the penitentiary. anything less will show you

quite graphically that this thing was a farce. >> trace: yeah. thank you david leroy, we appreciate your time. meantime mainstream media's wall-to-wall coverage culminating in what became a celebration of sorts after the guilty verdicts were red. matt finn is live with that part of the story. good evening. >> reporter: trace, so members of the media have not been able to contain their excitement over former president trump's conviction and here are some of the ladies of the view. >> i was at costco buying, you know, ten boxes of coffee. my watch started to buzz and i got so excited i started leaking a little bit. i felt like america won. i felt like new york won. i felt like the manhattan das office won. i felt like i won. >> trace: here's trump opponent adam schiff and host of morning show on msnbc. >> trump and his maga followers are digging in, trying to tear

down the system. >> there's going to be violence, there's going to be trouble. this is wrong. there's going to be some problems here, maybe some violence, and this president, former president, should not have done what he did. >> i don't think he has a problem with the concept of violence. >> reporter: the view and cnn discussing the prospect of former president trump going to jail. >> if we are going to treat this man, who used to be president, like everybody else, you are convicted of felonies, you have to do a little bit of time. >> i spent this morning speaking to someone from the manhattan district attorney's office. he they will recommend a one year term in prison. when you spend a year in prison in new york, you serve in rikers island. >> reporter: i think alvin bragg is going to ask for a sentence of incarceration and i think judge merchan will very seriously way that.

>> reporter: former president trump's sentencing is scheduled for july 11th, trace. >> trace: we will be there, good to see you. let's bring in news busters managing editor curtis houck and the federalist staff contributor evita duffy-alfonso, thank you for coming on. i have to play it one more time just because it's worth watching. this is the ladies of the view with their embarrassing take on this. watch. >> i was gets a phrenic because part of me was like yea and part of me was like you know what this is really serious. -- schizophrenic -- i did not feel sombre. i felt like the next won the tournament. >> my watch started to buzz and i got so excited i started leaking a little bit. >> he's going to do and say anything he can to get elected so buckle up because it's retribution ahead. >> trace: she used to work for him, that's the thing. it's amazing. they could not care less about the facts of this case. this was all about get trump, i don't care what the cost.

>> that's exactly right. of course it's the view, which is supposed to be a diversity of opinions, and there's no diversity of opinions on the view, there never is. but here's the deal, trace, you have young people and minorities turning away from democrats in droves and this rhetoric from the view and from other democrats in the corporate media is not helping. for minorities and specifically has panicked, they are looking at what happened to drop in getting flashbacks of venezuela, cuba, totalitarian regimes that they left. young people on the other hand are really animated by cause up but they can't even tell you where it is on a map. they are really i think showing that they are disillusioned with the system, that their futures are being destroyed by this system that was created by biden and democrats in general and so this rhetoric from the people on the view is not resonating with the people that democrats need to win over if they have a chance at winning in november. >> trace: i think it's worth

playing morning joe grew again because the only people who talked of you are the people on morning show. watch, curtis. >> they degrade themselves and they slander america. it hurts to sea people hate america. this is a reason to stop and think and maybe even get depressed over the reaction on the other side. the anti-americanism that filled the air last night. >> trashing this incredible institution is appalling and shame on them. >> trace: curtis, you have to love the drama coming out of there because now descent and it does agreement in america, it's anti-american, it's an assault on democracy. >> yeah, i mean this coverage kind of reminds me of the judge alito controversy where i watch all these clips and i'm like to these people have hobbies? do they do things for fun? do they have kids or a spouse or a dog? do they like sports? i really wonder, what do they do

with their free time because it so apocalyptic and it's so, like, doomsday nonsense because you have that and then you also have the more excited talk on the view. too much excitement. it's bizarre. they don't quite know what they want to do in reacting to the verdict. >> trace: i want to read this and i need quick answers because i only have a few minutes but this is from new york magazine, this is the lead legal guy at cnn and he writes, the charges against trump were obscure and nearly entirely unprecedented, in fact no state prosecutor in new york, wyoming, anywhere has overcharged federal election laws as a direct or predicate state crime against anyone for anything, none, ever. prosecutors get their man for now at least but they also contorted the law in an unprecedented manner in their quest to snare their prey. he might not be invited back on cnn. >> yeah, i think that people know that this is unprecedented. i think they are viewing this as a political persecution against

them in the same way that it is against trump. this is a man who represents antique globalism and all the things that the state, that the elites in media and our other institutions believe in, and they are realizing that this is the same persecution against them. >> trace: meantime today new york times right several major networks cut away from former president donald trump on friday during an appearance that had been promoted as a news conference. i mean biden told 15 allies in 18 minutes, curtis, on cbs. totally fine. trump, cut away. don't let him talk. >> abc and cbs did not even carry it networked special reports on it. i mean they carried price is right and that nonsense we were playing on the view instead. that's interesting because as i noted in a piece that ran on fox news.com and news busters, there were 640 minutes on this trial during the broadcast networks and then through this morning it went up to 780 minutes. so you spent all of this time on the trial but to let the man at the center of it being charged

speak? no thanks. >> trace: again, assault and democracy, curtis, thank you to you both. just ahead a stark reminder in a georgia courtroom today of the biden administration's border policy failures is the illegal immigrant accused of murdering georgia nursing student lakin riley says that he is not guilty. and later in the nightcap, after a trial in which critics claim his rulings greatly favored the prosecution, will judge juan merchan actually sentence former president trump to jail time on july 11th? tell us why, why not, x and instagram, @tracegallagher. we will read your responses in the nightcap. we are coming up next. i'm adding downy unstopables to my wash. now i'll be smelling fresh all day long. [sniff] still fresh. ♪ get 6x longer-lasting freshness, plus odor protection. try for under $5!

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[♪♪] >> trace: jose antonio ibarra,

the illegal immigrant from one knows a lot accused of killing lakin riley, pleaded not guilty today to murder and other charges related to her death. let's bring in texas sheriff, retired border patrol agent thaddeus cleveland along with arizona republican blake masters. thank you for coming on. i want to take this video and it's compelling and heartrending but this is the mom of lakin riley, she was in court today and you can see her kind of breaking down and clearly nobody can blame her. the evidence against jose antonio ibarra, blake masters, is very strong. they know it's very compelling and yet they are putting this family through a trial. what do you think about this going forward? this really puts more focus on the biden administration and what is happening at the border. >> trace, it makes me so mad. as a parent, i can't even imagine what her mother and family are going through.

and yes, her killer is in that courtroom, but only one of the killers is in the courtroom. what about joe biden? i think lakin riley would be alive today but for joe biden and his disastrous opening of the southern border. and of course he won't be convicted, he won't be punished or held accountable. biden i think has committed treason by opening our border and innocent families like lakin riley's, they have to suffer for it. >> trace: i was thinking about that today as biden was saying it's reckless and dangerous for trump to say that this trial was rigged and you think what has happened to the southern border and how many lives have been lost and the catastrophe that this has become over the past three and a half years. moving on now, the border patrol sheriff says that ten members of the violent venezuelan gang were caught today, they were coming into this country and you think if they caught ten, how many got through and how many others are getting in, sheriff? >> and it's great that they did

catch ten but as you allude to, many, many more are coming in. and i was telling chief owens who is a friend of mine, mentioned they will be going into removal proceedings, but it's likely they will not be removed from the country. hopefully they will remain in jail and not be released for right now venezuela is continuing not to take back their illegal aliens that are here in this country so we are going to be dealing with them for quite a long time. it's very similar to what we encountered in the early eighties from cuba when cuba was sending prisoners on boats to the united states. we are still dealing with that and we will continue to deal with these venezuelans and people from many other countries for many years to come. >> trace: and part of the fallout, we haven't focused on enough, is the school fallout, the heritage foundation analysis. this is talking about the additional cost to school in the migrants. you see their california, 188 million, new york 239 million, texas 227 million

and in your state, ten plus million dollars. this is one of those things were test scores could not be lower in this country and yet they are try to teach this stuff in two different languages when most of these teachers don't speak two different linkages. >> it makes no sense. there's a huge cost economic cost along the other costs to illegal immigration. i'm not saying it's a conspiracy but if you were to conspire to destroy the public school system even more, he would flood it with tons of kids from yemen and china and chad and all these countries in africa, they don't speak english, it's not good for them, they are not learning anything, and then the actual americans in class or held back, they can't learn anything in this environment either. it's really crazy and i think it's the democrat plot to lower the common denominator, destroy education so they can control. they want citizens, not subject to understand and who are educated. >> trace: i'm not sure they can destroy education anymore.

i mean they fight against charter schools, they are fighting for these illegal immigrants to have a place to go to school and you think you are hurting the people in these underserved communities who go to these schools. lastly, the associated press talking about executive action that the president could sign as early as this week, the people told the ap that the administration was weighing some of the policies directly from a stall bipartisan senate border deal including capping the number of encounters at an average of 4000 per day. i mean sheriff, you know this better than anybody, but if you can cap the border, if you can shut it down at 4000, why can't you shut it down at zero? why couldn't we have done this three and a half years ago or not implemented these executive orders in the first place? >> you are exactly right. when i was a border patrol agent in arizona, i spent ten years out there, where i started my career, it was the busiest station, we were catching 1000 illegal aliens per day, 30,000 a

month. it was so much it was overwhelming the system. the assistant u.s. attorney started putting thresholds. anytime you put a number to a problem and what the cartels did is they started smuggling just below 500 pounds and the same with illegal aliens. so they are going to work the numbers but i must mention what the house passed was key. senate bill, garbage. >> trace: thank you both, have a great weekend. meantime, donald trump's conviction, the liberal medias second favorite topic recently has been supreme court justice sam alito's so-called flags controversy. we have some very interesting news on that front tonight out of a deep blue city right here in california. also still ahead, a tornado in missouri rips the canopy off a gas station. and a thief helps himself to a drink before ransacking.

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[♪♪] >> trace: the city of san francisco just removed the appeal to heaven flag that the roadside the city -- that flew outside city hall for years. the same pine tree flag the liberal media called out justice samuel alito for flying at his new jersey vacation home last year. matt finn's back with more on this. >> reporter: for decades if you walked along san francisco's beautiful civic centre, you would see a row of 18 flags including the american flag and the now controversial pinetree appeal to heaven flag. tonight that appeal to heaven flag is there no more. the city of san francisco removed the flag telling fox news in a statement tonight that the flag was adopted by donald

trump extremists who led the january 6th riots, calling january 6th a boring and disgraceful. the flag was recently thrust into the spotlight after it was discovered that supreme court justice samuel alito was flying it at his new jersey vacation home. liberals attacked the justice, claiming it meant he was somehow tied to january 6th and a maga supporter, however the flag has been flown all over the country, including a stone's throw from the mayor's balcony in san francisco. the pinetree flag was originally commissioned by george washington, meaning and part that if a person or people are deprived of their rights, they can appeal to have been, trace. >> trace: let's bring in the host of the prevailing narrative podcast, attorney matt bilinsky and founder of american gravy concepts restaurant owner, the king of the lobster roll, chev andrew gruel, thank you for coming on. i want to start with you matt because the trental statement reads, i was not aware of any connection between that historic flag and the stop the steel

movement and neither was my wife. she did not fly it to associate yourself with that or any other group and the issue of an old historic flag by a new group does not necessarily drain the flag of all that other meaning. he's right, the flag does not just change meaning because somebody you don't like his flying it. >> yeah, i saw an interesting tweet yesterday that said after the verdict in the donald trump trial, you did not see any riots. the left is so connected to the idea that there's this right wing violent christian fundamentalist fascist movement out there that's about to terrorize the united states, but it doesn't exist so they have to fabricate it, they have to create the symbols and mischaracterize traditional symbols of american heritage and history as these indicators that there is some christian fascist movement about to start terrorizing society but there's no basis in reality for that. >> trace: it is interesting. chef, this is for you because this is a kid out of your neck of the woods in huntington beach and he goes to the catholic school down there. we had him on last night,'s name

is jamie. he was on with his mom. he was running for commissioner of spirit and patriotism in the school, the school said you need to take the patriotism out of your speech and he's like i don't want to do that. here's what he told us last night. watch. >> she told me to remove everything regarding patriotism. and so i immediately knew, no, i'm not? to do that because i knew that that was wrong. when i came to school and next day, i went up to her and she's like i need your speech. i need to see it before it goes out and i'm like okay i have a right here but i did not remove the parts regarding patriotism. >> trace: and it's interesting, chef, because you have these kids, and he really wants to be patriotic, and the schools and all of us everywhere are so reticent to attach ourselves to the flag. they call it a race assemble or it's just kind of sad. >> it is. first things, this kid eats for free at all of my restaurants. intelligent, well spoken and very brave.

the reason he's brave, either number 1 they hate america and number 2, they are too afraid to actually allow this type of discourse so than they still reject the ideals and principles that this kid clearly stood for. so that's the reality of this entire situation. >> trace: it really is. to you matt, i just think it's interesting that this kid stood up and fought and it appears like he's going to win, but it really is one of these things, the schools just want to push back because they don't want to get too deep into the patriotism or too deep into other stuff. >> it's very troubling because huntington beach is traditionally a bit more conservative and patriotic, as part of their heritage, and even the educational system and the elementary schools there have even been invaded by this general distaste for america and it's history that is kind of color the entire education system of recent eras and it's pretty troubling. >> trace: because you are a business owner, chef, you might

like that the california globe says the following "after forcing california grocery shoppers into reusable plastic bags at ten cents apiece, flighty lawmakers are trying to ban them out right now." california lawmakers have voted to do away with reusable plastic bags. you can't even bring your own bags in anymore because they are like, are those plastic, you can't bring those in the door, it out of here. >> typical, you know, backwards bureaucracy. is the owner of one of the first four start certified green restaurants in california and the former director of sustainability for the seafood for the future program, this is my area. the lifecycle of plastics is actually the best environmental choice in the perspective of resources, energy, water usage. this will idea of plastics, it's a scam. it's alarmism, let's get as much money as possible and scare people and banned paek's -- plastics in order to underscore that. it's all a scam. it's not good for the environment to reject plastics.

>> trace: and it doesn't make sense. you want people to do something. california is going to they said save water or we will argue more money. you save water and now we are charging you because you did not use enough. the same thing with gas and electricity, electric cars. do this, to this, to this. you do it and then they are like you look -- we lost money so now you have to pay. >> you suspect their intent is to make life is inconvenient as possible because you see it with plastic straws. has anyone ever effectively used a plastic straw in the history of the item? it's never actually happened and you will see people sitting there drinking a paper straw out of a plastic glass and you are like wait a second, isn't this defeating the purpose of what they are trying to do? they are just trying to be aggravating. >> trace: i went to whole foods and there were paper straws but you got nine tubs of plastic to carry your salad and your sandwich and your other things. it's like i'm not sure this is where you want to go with this. speaking of green stuff, biden a

ministration pumps 900 million into green school busses as america's students continue to struggle. test scores have never been worse. they need money at schools around the country and biden's like let me give you some money for busses so we can get those green. >> it makes no sense. it's just a 900 million-dollar virtue signaling. imagine if that money could go to tutors and school choice. >> it seems like they are trying to set a trap. they want to claim everything as climate change and that they try to use that to deflect from addressing any problems because if you oppose and say this might not be a climate change issue, than they can call you a climate change denier and once again that's the ultimate objective. it's on to solve any problems. >> trace: the smoke from the busses hurts the brain, rates are low because of that. chef, matt, thank you both. [♪♪] >> trace: first up into nights viral videos, struck by a severe tornado last weekend, one motorcycle rider found shelter at a gas station and took the video you are watching. the tornado was so powerful it rip to the off the gas pumps.

this was among eight tornadoes to hit southern missouri last weekend. the wizard and world of harry potter in orlando seems pretty cool but this bird apparently thought the opposite. it narrowly missed being eviscerated by a firebreathing dragon. worry not, no birds were harmed in the making of this video. we think. we aren't really sure but we think. across the pond, thieves appear to be as bold as they are here. surveillance video from an essex pub shows a stumbling burglar rating the pubs cash register but not until after helping himself to a bottle of per sec. it's a bar after all. local authorities have yet to find him because he's somewhere drunk. if you have a viral video to share, share it with us @tracegallagher or @foxnewsnight. coming up, after being convicted on 34 counts of falsifying business records, donald trump's next legal step is his sentencing july 11th. jail time is not typically assigned for this type of crime, this age group, clearly the judge not a fan of the former

president. do you think judge merchan will sentence donald trump to jail time? yes or no? why or why not? let us know, x and instagram @tracegallagher. we will read your responses coming up next in the friday night nightcap. [♪♪]

>> trace: we are back with a nightcap crew. kevin corke, matt ten, matt bilinsky, andrew gruel, evita duffy-alfonso. tonight's topic, doing the time. after being convicted on 34 counts of falsifying business records and something else we can't explain to you. donald trump's next step in his sentencing on july 11th, though jail time is not typically assigned for this type of crime in manhattan, clearly the judge does not seem to be a big fan of the former president. do you think merchan will sentence him to jail time, four days before the republican national convention? why or why not? kevin corke's payment yes, i think he will try. i'm not sure he will get the chance but left up to this judge , if history is any indication, i would vote yes, probably. >> trace: interesting. matt bilinsky. >> they've gone this far, by with a stop now? they've abused the system to get to this point off of a very

lightly predicated assertion and crime that no basis for federal law in the first place so if they are going to do that and try to treat him differently than everybody else and selectively, why would they treat him selectively in sentencing as well? >> trace: that's fair. evita duffy-alfonso. >> someone with no criminal history, nonviolent crime, usually that would be an immediate no. that they will do what they can because this is not about justice but preventing him from campaigning. either jail time or home confinement. >> trace: and if he complains, the democrats will say assaulting democracy. matt finn? >> i'm curious to here what alvin bragg will ask for or recommend. he was asked what he intends to request and he has declined so i'm curious to see what turns out there. >> trace: yes, chef? >> i think it's going to happen. if you have trump derangement syndrome, this is your fantasy and judge merchan is the pimp delivering exactly what they want. >> trace: i take the opposite, i think there's no jail time because that would wreak havoc,

it would be very, very disturbing for a lot of people in the country because of age, because he has no prior record and because it's nonviolent. thank you. sorry, do you think judge merchan will sentence donald trump to jail time? x yes, 68%, instagram yes 624%. community service and everything else a real criminal and york city does not get. tony, the punishment does not fit the trying. -- crime. michael, if they want to hand the don a one-way ticket to the white house, he should. the dems wanted so bad they will make merchan a saint if he doesn't. keith, they want the picture of him in jail. garrett, he simply cannot, it's not imaginable. and chris, merchan has taken it this far, he wants his merit badge. thank you for joining the nightcap, thank you for watching america's late news, "fox news @ night". i'm trace gallagher, have a great weekend and we will see you back your on monday.

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