>> greg: out of time, thank you to our guests and studio audience, 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". we are going to show [ bleep ] [ bleep ] the power of the [ bleep ]. i am the hip-hop congressman, cease-fire now! >> trace: breaking tonight, jamal bowman officially heading for the fire exit. new yorkers standing up against progressive madness and voting the liberal squad member, october 7th denier out of office. results on that coming out. brand-new information on the brutal murder of a texas 12-year-old and the disturbing details uncovered in court today. texas lieutenant governor dan patrick will attend the young girls funeral and will join us live in moments. meantime the reports show a move the hartman -- commonsense with

thoughts but we begin with fox news speaking to voters across the country about president biden's age and mental acuity ahead of thursday's debate. the senior national correspondent kevin corke is live with more on the overall consensus. >> reporter: evening trace. ask 100 people, 50 will say biden is doing a great job, 50 will say not so much, at least that's been the conventional wisdom especially ahead of thursday's presidential debate. but increasingly that's proving not to be the case with more and more americans backing away from the 81-year-old, according to fox news digital. >> president biden is not fit. >> his time has come and gone. >> every day it seems like he's not competent in the role. >> i'm not against him but i think we can do better as a democratic party. >> most voters at the end of the day it comes down to mental

capacity and the ability to handle the job and i think we've seen that biden struggles with that. >> reporter: so say an increasing number of voters. this is the new york magazine report former president barack obama is so anxious about president biden's chances of reelection he's increasingly involving himself in the campaign. that extra effort coming as a 73% of voters think mr biden is simply too old to be an effective president according to a new york times survey. meantime former president donald trump is demanding that mr biden undergo a drug test before thursday's debate, days after predicting his rival would be jacked up on stage as cnn presents a debate. the former president added quickly he would immediately agree to one as well. so there's that, trace. >> trace: there is that, live in dc, thank you. let's bring in erin perrine and jessica anderson. welcome to both of you.

biden is on day five of his prep, he's got 16 top advisers prepping him and they are going through all of former president trump's recent comments to get ready for the big matchup thursday. what do you think? >> i think it's a little bit worrying that the sitting president of the united states needs to take almost an entire week off of work to prepare for a 90 minute policy debate versus former president donald trump. it's clear that when it comes to mental acuity it's almost already baked into polling, the american people don't necessarily care but the idea that the president himself cannot be doing both his job and needs to be hold up to get ready to defend the failures he's had for last four years, i think that's the biggest red flag for biden going into thursday. >> trace: a lot of concern on this. meantime here are some voters, we talked about a few of them with kevin corke but here are

more talking about joe biden's age. >> trump shows a much greater ability in his mental capacities and cognitive functions. >> he's just gradually gone downhill. >> it's time to retire. >> they are both arguably too old. >> i don't think it's that bad under biden either. >> i don't think you will make another four years. >> trace: the bottom line is he has to come out and he has to show people youth or something leaning toward that thursday night. >> something like that. that's certainly where the bar is set though. everyone is concerned about his mental stability, his age and his ability to defend the last four years of this administration. all three things i think will be on full display thursday and frankly it will be the first time the american people have heard from president biden in a while. he does not get out in front of the press often, he's done the least amount of white house podium press conferences since

ronald reagan and so i think voters will be reminded of not only his age but his mental acuity and his lack of defense for the policies that he's put in place that have hurt our country the last four years. >> trace: what do you make of former president obama putting his hand in the mix? karl rove said the following... >> my view of the obama wing of the democratic party as they had their doubts about him in 2015, he was a sitting vice president and the president said i'm not going to support him in the 2016 election, i'm going to support hillary clinton. >> trace: bottom line is, karl rove went on to say obama doubts that biden can win this. >> it's true. obama has always doted joe biden, he told joe biden not to run for president. but the thing that obama and democrats tend to forget, especially obama, is that the election of president donald trump was a rejection of obama's policies and the direction he was taking the country. for him to feel like he is some

great savior for joe biden when he steps into try to right the ship on the feeling campaign, obama can't make biden more likable or his policies better and both obama and biden and their policies together have already been was only rejected by the american people. >> trace: i'm going to put this up because these are some of the battleground states and i think the numbers are telling but specifically in pennsylvania, michigan, nevada, arizona, georgia, he's got leads and those, sometimes good leads in those, and i have to go but if he wins any three of those, it's over. >> that's right, it is. notice what state is not on there, florida, they've taken florida off the map is a battleground. trump has the ability to take home four if not five of those battleground states and i think you will see the senate candidates, the house candidates come alongside him and put together a ground game that is robust, turning out voters based on policy and through absentee and early vote and that will be

key, getting the policy in front of voters, reminding them is there life better today than years ago. spoiler alert, it's not, just like we saw from these videos, and that will be front and center thursday to november. >> trace: very quickly, five seconds, jamal bowman losing tonight, trend are one off? >> i hope it's a trend because the progressive wing of the democrat party is not good for the country, nor is their behavior or policy. let's hope it's a trend. >> trace: erin perrine, jessica anderson, thank you. former president trump getting relief from his gag order will the biden a ministration deals with a step back to it's student loan payload plans. merry and rafferty is live with new information on those and more. good evening. >> a few big decisions affecting borrowers and president trump. the gag order has partially been lifted weeks after he was convicted on all 34 charges. trump's legal team had fought to lift that order at the start of

the trial and increase their efforts ahead of the presidential debate happening this thursday. trump can now speak about protected witnesses and jurors but remains barred from talking about prosecutors or staff and their family members until after he's sentenced on july 11th. and on monday about -- obama appointed federal judges in kansas and missouri, blocking the biden a ministration from canceling more student debt for borrowers enrolled in the saving on a valuable education plan. a statement from the education secretary signals the administration is not giving up "president biden, vice president harris and i remain committed to fixing a broken student loan system and making college more affordable for more americans. the education department will be barred from any new provisions to the 475 billion-dollar plan aimed at lowering or eliminating monthly payments for borrowers as legal action plays out. >> it's an illegal unconstitutional attempt by the president to by votes in the key

demographic where he's losing ground. i'm happy with the court's ruling, i anticipate the justice will appeal. >> reporter: meantime the court could rule on presidential immunity, a decision that could unravel trump's conviction in new york and georgia. >> trace: marianne rafferty, thank you. let's bring in kash patel, great to have you on the show. why partially lift the gag order? this thing is done, it's an election year, let's move on. >> great to be with you. this is just a way for them to retroactively say that they applied to the constitution to president trump before, during and after trial. of course a total farce. mainstream media will say this judge acted constitutionally and is allowing president trump to speak. well it's too late vented deprivation of due process to allow the defendant to speak after he's already been convicted in a fraudulent unconstitutional trial.

at the misapplication of due process and it's another attempt by the mainstream media to gloss over what actually happened. >> trace: what do you make of alvin bragg dropping the charges against 31 of the 46 people who took over that all columbia university? if these were conservatives do you think he would have dropped those charges? >> of course not. it's the selective application of justice in a system crated by doj and state prosecutors. i recall the time when individuals firebombed new york police cop cars and were given a get out of jail free card instead of being sentenced to a minimum mandatory of 10-15 because they were compliments of the political left agenda. to me this is no different, another instance of a politically selective application of the law or misapplication and people are seeing it every day, there's no chance any conservative would have been treated this way. >> trace: the wall street journal says this about the courts knocking down part of biden's student low plan, "education secretary is terribly

vexed, accusing republicans and special interests of harming their constituents by suing to block the plan." apparently he does not believe elected officials should stand up for taxpayers, they just keep trying, they get knocked down, what's the motive. we. >> simple, as her colleagues alluded to, trying to buy and get more votes since they can win on the issues of the day. this one is personal for me. i put myself through law school on a student loan application program. i'm still paying it back and i will pay it all back. i don't want it forgiven. then you get to the constitutionality of it. it shocking to me that the department of justice is going through an appeal for a constitutional application they know cannot be erased by executive order, a constitutional mandate given to congress in their ways and means processing and also how they budget for the annual cycle. this is a complete hijacking for political purposes and if the doj cared about the constitution they would go to joe biden and

say you got it wrong, you can't erase this debt, not to mention the economic disaster wiping out 400 billion from our books. >> trace: i wanted to get your take on this, breaking news out of the house, the intel committee saying the letter that called hunter biden's laptop russian disinformation, that the cia they are saying, from the highest levels, including the cia director, knew about the letter and they did nothing to stop it. >> this is another example of exploding the lies from the letter. they said none of the individuals that signed had access to classified information when multiple had access. the cia director, the top intel official in the cia whose office was presented the letter, had access to that information, including fbi information which verify the laptop. so again i political operation at the head of the cia to sit silent and deprive the american

people of the truth to execute a political vendetta. this is another misapplication of the law. >> trace: talking about election interference. great to have you on the show, thank you. meantime second illegal immigrant suspect and the brutal murder of a 12-year-old was in a texas courtroom today and the new information about the killing is, we should warn you, very disturbing. ashley strohmier is live with more on what we are learning about this. >> reporter: the second venezuelan migrant accused of killing the 12-year-old appeared in court today. the 21-year-old is also being held on a 10 million-dollar bond after prosecutors say he was looking to flee. >> we have gotten into his phone and found evidence that he was searching for ways to leave the country once his image was released to the media. >> reporter: the other

suspect, a 26-year-old, told authorities that martinez was the ones who strangled a 12-year-old and suggested they throw her body in the water to remove dna evidence. authority said martinez had marks on him to show the victim fought back. meanwhile the biden a ministration is reportedly closing a detention center in texas citing cost. it's the largest and most extensive facility in the national detention network and that is according to i.c.e. according to customs and border protection data, there have been at least 194,000 known data ways reported since the fiscal year began on october 1st. dhs secretary it paying visit to arizona tomorrow, we are told he will be holding a news conference in tucson. i.c.e. president and borders are kamala harris in arizona yesterday but not to visit the border but to speak on abortion. >> trace: live from new york,

thank you. the "fox news @ night" commonsense department does not know where to begin. turns out after 10 million illegal immigrants crossed the southern border, the department of homeland security decided last september to create an advisory board, a group of homeland intelligence experts to provide dhs with analysis on terrorism and fentanyl trafficking. that advisory board has now identified several potential domestic terrorism threats. except the people that they deem high risk did not cross the southern border, they are not here illegally. the fentanyl traffickers, the killers, the rapists, the terror suspects tied to isis are not high risk. you know who's high risk? trump supporters. military people and religious people. in other words, you, you are high risk. this expert board says the most dangerous traits facing the country are serving in the armed

forces and going to church. commonsense would note this advisory board includes former director of national intelligence james klapper, former cia director john brennan, the very same people who lied and said hunter biden's laptop at the hallmarks of russian disinformation are now saying you have the hallmarks of a terrorist. commonsense thanks the people who vindicate killers and traffickers and vilify christians and veterans are the real threats to america. without let's bring in texas lieutenant governor dan patrick. great to have you on the show. i look at this dhs advisory board and i think they went out and they recruited known lawyers to go after trump supporters and former military people and religious people. >> you know, trace, this would be the plot of a really bad movie, except this is real life

and it's killing americans. for this board to call out christians or people of any religious belief, our military, law enforcement, trump voters, 75 million trump voters, we are at risk of losing our country if we don't win this election in november and return the white house to commonsense conservative values, principles and policies of donald trump. with all of this, and you and i have communicated before on the show, our city, our city is just , they've taken a kick right to the heart with jocelyn nungaray. and you know what's going to happen -- >> trace: let me stop you quickly if i can because i know you are going to attend the funeral and before you go on to say this, and i know you are learning disturbing information about this, i want to play some sound from the mother of jocelyn

nungaray and then i will get your take on what you plan to say to the family. watch this. >> i hear her sayings just replaying over and over in a loop in my brain. her dorking is, her quirkiness. she definitely made people laugh. i'm always going to remember those memories because she was just -- she had such a bright future ahead of her and i knew she was going to go very far. >> trace: lieutenant governor, you read the court documents, you've talked to people, the details in this our disturbing. what do you say to the family. these people should not have been here to go after that 12-year-old. >> and trace, to put this in perspective for everyone watching, i don't know the facts this is a little girl who was asked for directions allegedly. we have them on videotape leading her to a bridge.

they tied her ankles and her hands behind her back, they stripped her naked from the waist down, we are waiting for the lab results but very likely sexually assaulted for hours, tortured, beaten, can you imagine this little girl and how good she fight back with her hands tied behind her back? the one alleged killer had bite marks on his arm, she was struggling for her life and they treated her like a ragdoll, just treated her and threw her in the river. have you heard anything from president biden about this? have you heard one democrat? at the funeral on thursday, at the same time that that little girl's casket will be before us in houston and in texas and america, illegal immigrants will be continuing to be released by joe biden and kamala harris and every democrat. is there not one democrat in the u.s. senate or congress who has enough guts to stand up and say this must stop? the blood of this girl and the

others who have been killed just recently by a legal immigrants is on the hands of joe biden and i hope in the debate president trump looks at him and looks at america and says joe, have you no shame? will you not admit that this is on you? and what i'm asking the president tonight, i'm asking president biden to stop all immigration starting on thursday, close the border to honor jocelyn nungaray and her family who was tortured, killed and probably sexually assaulted at the hands of two animals. to close this border now until the election so there is not another death like this in america. >> trace: we know it's not going to happen. lieutenant governor dan patrick, thank you for joining us. coming up, a major upset in a new york democratic primary race, one so-called squad member being replaced by a pro-israel moderate. is it a trend in the democratic party? later in the nightcap, former

president trump recently rolled out a new campaign strategy. watch. >> no tax on tips. it's done. we need to spread the word so that every time you leave a tip for the next five months, you put on the receipt, vote for trump because there's no tax on tips. >> trace: supporters he wants to write no tax on tips, many calling it a brilliant idea, big selling point, but critics say the idea is unserious, maybe a cynical campaign ploy. is it realistic or a last-minute political maneuver? let us know, x and instagram, we will read your responses in the nightcap. we are coming back right now. [♪♪]

what tractor supply customers experience is personalized service. made possible by t-mobile for business. with t-mobile's reliable 5g business internet. employees get the information they need instantly. this is how business goes further with t-mobile for business.

subject 1: i love you. [music playing] i love you. beckett: i love you too. subject 2: beckett's amazing. he's a miracle child. in the mornings, he'll wake up, and he'll roll the shades up. and da da, it's time to get up. it's a bright, beautiful day. beckett: right. subject 1: you look great. the first of the year, he started going, i have to sit down. i'm dizzy, mommy. he couldn't walk straight. his head was starting to be cocked. make a wish. a month after his third birthday, he got diagnosed with atrt brain cancer. all you can think of is, my kid's not going to live. [cristina perri, "a thousand years"] i have died every day waiting for you darling don't be afraid i have loved you for a thousand years

i'll love you for a thousand more you are really tough. subject 3: families never receive a bill from saint jude for treatment, travel, housing, or food so they can focus on helping their child live. subject 1: the fact that saint jude doesn't bill is a godsend. and the fact that we don't have to ask for help here makes things a lot easier to go through what we have to go through with beckett. beckett: i wish my cancer was gone. subject 3: for just $19 a month, you'll help us continue the lifesaving research and treatment these kids need. (singing) i have died every day waiting for you. subject 1: the fact that they are researching and they are saving these children, it's so important. we wouldn't be where we are without saint jude. and in turn, we wouldn't be where we are without those people that have donated. they're the reason why my son's still alive. subject 3: you can help saint jude save the lives of children

like beckett. [music playing]

- [narrator] life with ear ringing sounded like a constant train whistle i couldn't escape. then i started taking lipo flavonoid. with 60 years of clinical experience, it's the number one doctor recommended brand for ear ringing. and now i'm finally free. take back control with lipo flavonoid.

[♪♪] >> trace: it's a bellwether race for progressive policies in new york's primaries tonight, a pro- palestinian incumbent and proud squad member facing primary challenge from a moderate opponent. back live's senior national correspondent kevin corke tracking election results. >> reporter: a massive blow to the progressive wing of the new york democratic party as jamaal bowman is sadly defeated in his primary. and if you are not surprised by his loss, you are in alone. andrew cuomo adroitly noted on x okay -- "jamaal bowman should pull the fire alarm again because he's going to be smoked, the message is clear, anti-semitism in any and all forms will not be tolerated in new york and you can't call yourself a progressive without making progress. with that westchester county's executive george latimer sent

jamaal bowman packing. if you are watching earlier today you may have thought the far left squad member might do well but there was a large tranche of votes in the bronx they came in early but once westchester started rolling in, mr latimer had no problem coming away with the victory, already up by nearly 20. eighty-two% reporting, almost 14,000, and that is a figure by the way that is likely to continue to increase. of course latimer was very well funded by backers who are against mr bowman but i think the bigger question tonight is not so much why he won or if he might win, the bigger question is, is this a harbinger of things to come for other progressives across the democratic party? >> trace: it really is. kevin corke live in dc, thank you. let's bring in the co-author of "stolen youth", bethany mandel and former navy seal who trained with israeli special forces, cameron hamilton. welcome to you both. bethany, i want to put back up

that tweet or x post by former governor andrew cuomo of new york, the interesting part is the middle part where he says the message is clear, anti-semitism will not be tolerated in all forms, will not be tolerated in new york, but it has been tolerated and i wonder if you think this jamaal bowman thing is a trend. do you think this anti-semitism thing will divide the democratic party? >> i think the democratic party has a choice to make. when they have members of a squad like bowman and aoc who stood behind bowman 100%, they have to choose a future for the progressive wing of the party. is that someone like torres who won easily in his primary also in new york this week, or do they think the future lies with anti-semites like jamaal bowman? they can choose if they want to win or lose and if they want to go the way of torres, they are going to have to leave the

anti-semitism at the door and be full throated supporters of one of our greatest allies in the middle youth -- east. >> trace: i want to talk to in a minute about the whole alvin bragg thing but first i want to bring in cameron hamilton because the wall street journal writes, hezbollah is not getting the message, going on to say, while americans see the war in the middle east winding down, israelis worry is only beginning, hezbollah has been escalating strikes on israel and the iranian proxy militia could provoke a larger war unless the u.s. gives it a good reason not to. washington is too fixated on restraining israel to notice, and that really becomes a tough point here because the u.s. keeps trying to pull israel back and hezbollah keeps coming forward. >> that's a fair criticism. i think what we find here is that israel is hampered in it's efforts to defend it's citizens. people being displaced across both sides of the border, their only prerogative is to ensure that more israelis are not attacked so they are asking for

terms that are such that it pulls hezbollah off the southern border so they can continue to attack northern israel. that's not an unreasonable request and i think at the end of the day we hamper so many israeli actions without putting the same level of effort behind the enemies that are trying to attack israel. it's a grotesque hypocrisy. >> trace: and cameron, the interesting thing here is that we will talk about this coming up at the interesting thing is that you have israel that has some decisions to make. they are trying as much as they can to fight this war in the south and they are now having to fight it on two fronts. bethany, we talked about this earlier, but i want the political aspect on the social aspect from you which is alvin bragg dropping the charges against these columbia people who went in, took over that whole. and you think on one side you have jamaal bowman losing today because he's anti-semitic, pro- palestinian, and yet you have the da in manhattan dropping the charges against these anti-semitic people at columbia.

>> we are seeing this time and time again, there are no consequences in many jurisdictions for flat out anti-semitism. one of the janitors who was being kept hostage in this building in columbia gave comment to the free press and he was horrified, he said, you know, they took control of me, they took control of my body, this is not what he wanted, he did not want to drop charges, and yet now the message that was sent was there are no consequences for physical violence when it comes to actions against jews. >> trace: and that's a whole thing, you are telling these people that it's okay to go and harass jews, it's okay to do all of this stuff in new york. lastly the new york post rights, hamas chief, sister, nine other relatives killed an israeli airstrike in gaza. i wonder if the fact that this hamas chief's ninth family members, do you think it will prompt them to maybe except a cease-fire?

>> i don't think so. i think what we've already seen many times is that the israelis have been willing to engage in some form of a cessation of hostilities but never have these deals been sufficient for the palestinian people. it's time they rise up, pushed off the shackles of hamas and it's time we have actual restraint and calmness in the region. nobody wants an escalation of war. he is released don't copy americans don't and a lot of palestinians don't either. i'm thinking eventually it will be wonderful if we had called heads and reasonable minds come to the table. the same thing goes with new -- northern israel and lebanon. win e-comm heads to prevail to think about what an escalation of conflict looks like in the region. no reasonable or rational person wants that except for those who are dedicated on destroying israel and destroying everything it stands for. >> trace: cameron hamilton, bethany mandel, thank you both. coming up, apparently it pays to be an la district attorney. how this top aide got a

promotion and a hefty pay out after being charged with public intoxication, next. and still ahead, the world's tallest teenager just joined the florida gators at a towering 7-foot nine. and two fishermen come back to shore with 38 catches, but not a single fish. the days best viral videos are next. first to lynchburg, virginia where chapstick was invented back in the 18 eighties. long before susie chapstick was born. [♪♪] gine roars the thing you care about is a job well done. but when you get your tools from harbor freight something about the job feels different - your wallet. whatever you do, do it for less, at harbor freight. ♪ introducing new advil targeted relief. the only topical pain reliever with 4 powerful pain-fighting ingredients that start working on contact to target tough pain at the source. for up to 8 hours of powerful relief. new advil targeted relief.

when you need to prepare for unpredictable adventures... (gasp) you need weathertech. [hot dog splat.] laser measured floorliners front and rear. [drink slurp and splat.] (scream) seat protector to save the seats. [honk!] they're all yours! we're here! hey, i knew you were comin'... so i weatherteched the car! can we get ice cream? we can now. kid proof your vehicle with american made products at weathertech.com. [♪♪] >> trace: new video tonight of the 2021 traffic stop involving a top eight to controversial los angeles county district attorney george gascon. marianne rafferty has that story >> reporter: good evening. the right-hand man of la district attorney george gascon videotaped himself attempting to use his influence during a traffic stop involving his then fiancée. this cell phone video was shot

by joseph iniguez three years ago when he was gascon's chief of staff. he was a passenger but was arrested after intervening when officers pulled a couple over for making an illegal u-turn as they were returning from a wedding in 2021. >> run our plates and see what you find. i'm not saying anything, to see what you find. >> reporter: during the stop, iniguez appears to be coaching his fiancée about field sobriety tests and continues to give officers a hard time. >> you've pulled over the wrong person, let me tell you. >> reporter: after officers arrested him, -- his fiancée, they cuffed and arrested him to. last year he was awarded $10,000 after he sued the police department alleging his civil rights were violated. another faces an 11 count felony indictment for improperly accessing confidential police records in 2018 and making improper use of the data when

she joined the das office in 21. >> trace: thank you, let's bring in board-certified medical doctor houman hemmati along with republican candidate for california state assembly, carl demaio, thank you for coming on. this is kind of amazing, you have this guy, the da, the number 2 and he's trying to bully cops, you can hear him bullying cops, trying to intimidate and then he files a civil lawsuit and they give him $10,000 in this video comes out and says oh my god, he's detrimental. >> this is ridiculous. i'm sure he got the money because they just did not want to deal with this in court, 10,000 is not a lot in the grand scheme of things. i don't think he deserved it. i watch the entire thing, at first he was actually doing something right, it's okay for him to provide legal advice to someone and say don't answer this question et cetera. across the line what he started bullying the cop and saying you don't know who you are messing with. >> trace: call me and you will

find out who i am. knock it off. then you sue the department, please. democratic lawmakers tried to stall the criminal reform and california, also known as proposition 47, what allows you to steal $950 or less and you just walk out the door. you can sell drugs, not a problem in california. and a month-long democratic push to remove a tough on crime measure from the november ballot appears to be dead in the water. is it dead in the water? >> they are still trying to block of voters from having an opportunity to restore the power for police and prosecutors to arrest and punish criminals. we have a massive crime wave going on, we've talked about this almost every single time i've been on fact a crime wave in california, it's out of control. so the das and crime victim advocates have united, voters signed petitions to put reform on the ballot to finally restore

law and order and what to do the democrats to? they put part -- poison pills and other bills and are trying to extort the voters. now they are trying to threaten the das. back down, back down or we will put our own measure on. guaranteed what we will likely see in november are two initiatives, one with a good ballot title and one with a bad one and voters will be duped and deceived on the reforms that the state needs to really restore law and order. >> trace: the safe neighborhoods, crazy the way they named these things. gavin newsom had a few whoppers and here's one of them. >> people across the bloat -- globe look to california to see what's possible and how we can live together and advance and prosper together across every conceivable and imaginable difference. the california weigh of life, we recognize it's under attack. for conservatives and delusional california bashers, their success depends on our failure.

>> trace: he just can't get over the delusional california bashers, like everything in california is so good. there's no homeless, housing prices are high, taxes are high, crime and everything is just wonderful. >> if we are delusional, we are proud to be. we are not california bashers, we love california, we are criticizing the government of california because we love the state. this is what newsom gets wrong. i love my kids, you know that, but i would criticize my kids if they did something wrong in order to fix them, out of love. i think all of the criticism you see on this show and all the criticism newsom is getting is not out of hatred for california at all, it's because we love the state and are upset and frustrated at what he and his friends have done to this date. i think we are all demanding that people like him no longer be in office and that when they are, they do the right thing. >> trace: because they are ruining the state. >> it's what we call gas lighting cabin. he looks straight into a camera and lies for his state address.

he says people are watching california, the same weight you slow down to watch a car accident on the side of the road, you just have to stare. the highest cost of living of any state, the worst job recovery since covid of any state in the nation, we've got two thirds of kids not passing math, reading and writing, homelessness on the crime wave. he talked about none of that. instead he said republicans are extremists and they are the real threat. the real threat is a government and a governor out of touch and feeling the citizens of the state. >> trace: he keeps pestering us, calling us,'s office calling saying you guys have to talk about these fast food wages, $20 is actually increasing the number of fast food jobs and i'm thinking are you kidding me? another mcdonald's, 30 years, san francisco, went out of business, citing the rays and rent and the 20-dollar minimum wage. thank you both. [♪♪]

>> trace: first up into nights viral videos, in his hasn't -- him listed at the world's tallest teen at 7-foot 9 inches committed to the gators. olivier rioux was 6'1" of the age of eight and now he's 18 and towers over his fellow teammates and opposing team members. means he does not even have to jump to dunk. fisherman in mississippi pulled off a dramatic rescue of 38 dogs found treading water. the two men were about a mile from shore when they heard loud barking and saw the dogs, they realize the dogs were part of an annual fox run so they loaded them on their tiny boat, the fishermen had to make two trips to bring all the dogs back to shore but the dogs were quickly returned to their owners and if you have a viral video to share, share it with us @tracegallagher or fox news night on social media. coming up, this. >> i want to leave a tip, 500 box, you guys all split it. no tax on tips. >> trace: former president donald trump launching a new

campaign initiative and a lot of people are praising the idea, even kid rock, but critics, even republicans, say it's a little unrealistic. what do you think? is the no tax on tips a serious proposal or a last-minute campaign ploy? let us know x, instagram @tracegallagher, we will read your wrist was ponce is coming up in the nightcap. [♪♪] true miracles of evolution. where there is one, others aren't far behind. always scavenging for food, the cockroach... well that's horrifying. ortho home defense max indoor insect barrier. one application kills and prevents bugs for 365 days. not in my house you don't. nature is wild. your home doesn't have to be. some days, you can feel like a spectator in your own life with chronic migraine, 15 or more headache days a month each lasting 4 hours or more. botox® prevents headaches in adults

with chronic migraine before they start. and treatment is 4 times a year. in a survey, 91% of users wish they'd started sooner. so why wait? talk to your doctor. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away as difficulty swallowing speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions, and medications including botulinum toxins as these may increase the risk of serious side effects. chronic migraine may still keep you from being there. why wait? talk to your doctor about botox®. and get in the picture. learn how abbvie can help you save.

♪we can secure our world.♪ ♪watch out for offers too good to be true.♪ that's phishing! ♪someone's trying to take advantage of you.♪ learn more at cisa.gov/secureourworld ♪that's how we can secure our world!♪

♪we can secure our world.♪ ♪don't just use a password alone.♪ ♪mfa sends a call, a text or a code to your phone.♪ learn more at cisa.gov/secureourworld ♪that's how we can secure our world!♪

[♪♪] >> trace: back with a nightcap group, kevin corke, ashley strohmier, marianne rafferty, carl demaio, doctor houman hemmati and erin perrine. tonight's topic, tipping point. former president donald trump rolled out campaign proposal, no tax on tips, some say it's brilliant, others a profoundly unserious, what do you think, realistic, political maneuver? erin perrine. >> it's completely realistic. the tax cuts and job act will have to be real evaluated and reupped in 2025 so tax law is happening anyway. trump saying no tax on tips is a real think that policy wise can absolutely happen in 2025. >> trace: ashley strohmier. >> i agree. he's going to garner a lot more support because of something you would think is so simple like that. >> trace: it really is. carl demaio, not paying student loans just saying no tax.

remember you would get a couple dollars an hour is a restaurant owner, worker, and then you had to live on tips. >> it's brilliant because one, those younger voters tend to go democrat, they are going to say wait a minute, this could be financially advantageous and he's encouraging all the supporters to write on every single receipt at a restaurant about the fact that they will get no taxes on tips. this is a viral moment in the campaign. >> trace: dr it. >> you mention student loans. thirty% of americans went to college, 70% did not, as he was probably working in restaurants. when you look at it that way, that's of greater value to the majority of the country, more than two thirds, that makes it seem like a smart move. >> i agree. you can totally make it part of the tax bill and get it through. i don't think it's executive order but it can be done. >> trace: kevin corke. >> that's the biggest difference, you don't need an executive order, this can work

its way through congress, it is a brilliant strategy. >> trace: is it a realistic proposal or political maneuver? realistic 91% on x, 90% on instagram. andrea says, nice idea but it worries me, no income tax for all is more fair. jason, why shouldn't workers be taxed for wages? tips in wages in the u.s. -- are wages in the u.s. 1968, at least from thinking about the little guy, biden only cares about illegal alien votes. i can't see this happening, no taxes, no way but it would be nice. >> good proposal, a tip is more of a gift you are giving for the service they provide. and, why not, why can't it be both great definitely a tax break for those who need it most. thank you for watching america's late news, "fox news @ night", late news, "fox news @ night", i'm trace gallagher in los tomorrow night. [♪♪] a ployees so they can make every customer feel like they've arrived before they've left the ground. this is how business goes further

with t—mobile for business. higher shipping rates may be “the cost of doing business...” but at what cost? turn shipping to your advantage. with low cost ground shipping from the united states postal service. ♪

[street noise] [car door shuts] [paparazzi cameras] introducing, ned's plaque psoriasis. ned, ned, who are you wearing? he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. ned? otezla can help you get clearer skin, and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing otezla for over a decade. otezla is also approved to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression,

suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. audience: ohhh... with clearer skin, movie night is a groovy night. (♪) live in the moment. ask your doctor about otezla.

navigate you. for now, "the five" will navigate you. ♪ ♪ [ ♪♪ ]