[ applause ] our studio audience [applause] >> trace: good evening and it's 11:00 pm on the east coast

and this is america's late news fox news at night and breaking tonight, president biden and a teleprompter and a two and a half men's speech appeared to go off without a hitch as their lashing out at the supreme court decision my geico occur with justice sotomayor's dissent as the president is now a king above law and fear for our democracy, i dissent and of quote and so should the american people dissent. thank you. >> trace: as expected, no questions as it's the country deeply concerned and nudity and engaging in sexual acts during a pride parade apparently legal now in california but then again who is surprised. we begin a pressure mounting on president biden to lead the race

after his debate performance and more on that 10:00. >> president biden came out swinging against the supreme court ruling that grants former president trump and all presidents immunity from prosecution for official acts while in office. >> aiko kerr -- i concur with justice sotomayor's dissent "president is now a king above law with fear for our democracy, i dissent." >> just days after a disastrous debate tonight the president addressed the nation looking better with a noticeable pan with no long facial pauses and spoke much better using a teleprompter. stepping aside with the hydrogen bomb performance and camp david

with the first lady and hunter biden who reportedly encouraging the president to stay in the race. asked seo's reporting insider details how meticulously they limit the president's exposure to journalists in situations where he might slip up writing that biden only dependable from 10:00 am until 4:00 pm after which he gets tired and screws up and the commander-in-chief also considered more liable while travelling abroad and personally saw the president trip on stage at the air force academy graduation at colorado springs and stumbled over an item that could happen to anybody but there was fear the president was feeble and that was a year ago fast-forward and it feels like it's getting worse. >> trace: thank you matt. [ ♪♪ ] the fox news at night commonsense department having trouble getting past the reporting that says "from

10:00 am until 4:00 pm, president biden is dependably engaged. if the math is correct say biden president ting his best for six hours so what's the policy if something happens outside of office ours or as the white house mandating the crisis, wars in chinese spy balloons only break out and fly during the day shift because the night shift no longer staffed in the early morning and evening shifts are also no longer staffed. commonsense wonders if the dictators and terrorists give a heads up to the new hours because russia invaded ukraine at 9:00 pm eastern time and hamas attacked israel at 11:30 pm eastern time those are both hours the axial success president biden more likely to become more fatigued which is a diplomatic way of saying he's asleep. if joe biden is reelected, how long before the open for

business sign gets flipped on at 11:00 am and 3:00 pm? when he turns 86 in the oval office, are his dependably engaged hours suddenly noon until 2:00 pm? the border, inflation, foreign policy all look like the results of a six-hour gig. let's bring in political analysts and princeton university political scientist and thank you both for coming on kind no you're a democrat for six hours a day is concerning even for democrats because the job demands more than six hours. >> actually i am independent i do lean left but i said years ago president biden should have dropped out of this race and has said over and over they did not open the primary to allow others to run so they created this problem unfortunately saying they did not want this rematch so it is just simply too late as

within 30 days the convention is happening and those delegates have been given to joe biden so people will have to decide what do they want president biden from 10:00 pm -- 10 to four so it's going to come down. >> trace: national review had a clever headline say please make your three m for -- phone call and goes on to state still call her quarter biden's aides telling us this and not the description someone fit for the presidency and we can talk about clever lines but is so scary for the president of the united states to be engaged reportedly for six hours a day. >> it's very scary and tells you these people talking to the press as biden historically had a weak west wing their fiercely protective of him but even

people around him saying there is a problem here and talking to reporters about it because it's so obviously a problem and such an insult to americans who saw unheard what they did on thursday and the problem is he over prepared and we was coached badly and it's not even a joke and something very sinister going on and americans are not being allowed the choice they deserve. >> trace: we are being ghastly again. four in 10 want biden to exit the race and james carville is among them. >> we have a country 72 percent want something different and if the democratic party can't produce something different than what are we here for? the country is clamouring for change. what will we offer them, the same stuff? give the people what they want.

>> trace: tesla. >> james has some damn nerve because two years ago when people are saying joe biden should step aside, knew it all and apparently knew nothing said joe biden the one to have and i find it amazing that in the 12 hours they are pretending as if it is possible to coalesce for the superdelegates to decide completely disregard and they know it will be -- will be a disaster. who the hell is going to run? democrats failed to be prepared and for all their money on joe biden and did not allow other candidates a step forward and they know governor newsom can't win in a general election and they know westmore can't when sofer james carville to come in the 12 hour, i find it disturbing and frustrating because their gas lighting the people. >> trace: nancy pelosi says trump is the one with dementia.

>> while the press their healthcare professionals who think trump has dementia that his thoughts do not go together not only that he just lies. >> trace: you can see them try to change the narrative again. >> you know you are in trouble when you cannot defend the behaviour or make excuses for it and say look at the other guy and we lies to you too and we mixes upwards. is just so obviously a weak position and i will just finish it with this. nothing less democratic than forcing a candidate on americans that they know is not up to the job and they can see is not okay and the central plague of candidates campaign is that trump is a liar but what bigger lie is there that the president is completely fine and sharper than he has ever been and don't

believe our own eyes. >> trace: have been lied to for quite some time now. thank you both. >> so now the american people have to do with the course should have been willing to do but would not we have to render a judgement about donald trump's behaviour and the american people must decide whether donald trump's assault on our democracy on january 6 makes them unfit for public office in the highest office. >> trace: president biden addressing the landmark ruling for the supreme court giving donald trump immunity for the prosecution for official acts of the presidency and immediate practical effect of the decision any further prosecution is likely to be delayed until after the november election. let's bring in criminal defence attorney and criminal litigator and great to have you on the show.

chuck schumer said on the show, disgraceful decision comprised of three justices appointed by trump enables the former president to weaken democracy and undermine scotus credibility and suggests political influence trumps all inner courts today saying the president has no limits is wrong in the south the court said. >> nodded all but the court said the president not only now and in the future as our country has a separation of powers with the executive and judicial branch and legislative branch and they cannot govern each other because one becomes more powerful and if you listen to the oral arguments before the supreme court months earlier on before this decision came down earlier today, questions asked were very pointed and very deliberate and how can we trust the department of justice not to charge a

political opponent or adversary? this question came from liberals and conservative appointees on the bench and that really is the foundational concern of how can we allow a president to act like a president without fear of prosecution win tough decisions have to be made. >> trace: we will hear more about that in a moment but here's some typical media reaction. >> there supposed to be wearing black and white empire but they look like they're wearing red jerseys or even trapped six hats -- maga hats. >> trace: amazing the same people attacking trump attacking the supreme court saying it's open season on the justices. >> here's the test before we should all do before we common on this and read the opinion and want to be hard-pressed to

disagree anything the justices said on either end as both interpretations reasonable and the majority conservative majority say must protect the president and frankly the people who are critical about this decision what only wearing the lens of today's day and age should be very thankful when they look at what may happen in the future. >> trace: expounding on what we were just talking about, principle is that a prosecutor in congress cannot investigate a motive in making a decision by the president as such an investigation and norma's disruptive intrusion into presidential decision-making and that's exactly what we're talking about. >> trace: when prosecutors have a task to find out if there is mens rea or criminal corrupt intent in the mind that that's a dangerous slippery slope that can never be recuperated from and what the supreme court says is to look at the actions of our

they presidential by the duties given to a president or not and then make your decision on. >> trace: you have people calling for six more justices and refer to before. it's great to have you. >> trace: the fallout from joe biden's disastrous debate performance continues with the president family reportedly urging him to stay the course and in typical biden fashion blaming the people that prepped him for the debate. ashley is life. >> reporter: appears president biden supporters want to blame anything and everyone but president biden for his poor debate performance. >> calling this a classic example of preparation overload and i just think much less preparation for this debate. >> i'd rather have joe biden with the bad colds for 90 minutes then donald trump for

america to lie. >> trace: former msnbc host directing his irs cnn for hosting the debate in the first place. >> literally i am suggesting at some point tonight cnn should go off the air in shame and fire everybody and to seal off the buildings make sure everyone is out and burn the god [ bleep ] plays down. >> trace: biden family blaming the biden staff and the family questioned how he was prepared and wondered if they could have done something better in biden's first press secretary and now msnbc's -- msnbc host came to defence, writing the notion the process and by people like ron mclean who have successfully prepped any candidates it's observed in was a bad debate and

went on to say if some people are blaming prep they're not talking about the right thing. >> trace: thank you ashley. let's bring it former gop candidate along with news busters managing editor. thank you both for coming on. i was watching jake tapper saying you have this whole list of democrats trying to come out saying you didn't see what you saw and it's not really bad and it starts and a switching of the narrative to gaslight us. >> sure, they started the week before that don't believe your eyes and you're not seeing what you're seeing and now they realize that their allies can no longer be held up and they can continue lying to the american people as we saw him and we don't know if that was at his worse and that's the scary part

and they come out in the stories that is good for six hours a day and now we'll have them talk at 7:45 pm and show you two and a half men it's where he can be really strong and the american people have seen the truth. >> trace: they really have. you read a teleprompter and i'm doing it really well but it's easy and when you have to process information and regurgitate where it gets difficult. and he talked about biden blaming his debate prep team saying "the notion to issue of the debate was the prep process done by people like ron mclean and anita done successfully prepped many candidates including obama, clinton and biden is absurd. the same president who blamed all his generals for afghanistan now blaming the debate people. >> this one is a real head

scratcher and reminds me a lot of the liberal narrative we hear all the time it's because they fail because they care too much and our ideas are great and the people don't know what we're doing and and it completely falls on deaf ears they move on to this other insane narrative. agendas doing complete damage control and she's probably thinking her lucky stars because she's not at the white house podium and you hear the biden white house, at least someone's on our side because the rest of the media don't seem to be getting in line. if you're someone in the press office, thought i had the easiest job in politics and i guess not anymore because your bosses joe marden. >> trace: he said the following and watch this. >> the whole rationale for biden running has always been i'm the only guy that can beat him and now i think it's inverted i think it's the only guy that could loose to him so shouldn't

they replace him? >> what has to happen but probably won't. >> trace: the whole concept is that biden is staying in the question is why. >> we know why he is staying because he is an egotistical maniac that can't possibly comprehend the idea of leaving however, the vultures are circling and you hear that conversation and you know about gavin newsom and you have the story that broke that gretchen whitmer was calling people that night saying we've lost michigan. she doesn't know the national scene that that was a faux pas and as soon as she gets her hand slapped and this is not how you work the presidential race lady. the democrats in total meltdown mode and it's kind of beautiful because they brought this on themselves and they knew exactly who joe biden was in jonah who say is that all the staff knew. people did not find out for the

first time thursday night, some voters found out for the first time but everyone around him how bad this was. >> trace: 30 seconds left but say the vultures are out and i want to know how long before the media coalesces around biden and starts gas lighting us? >> we're definitely starting to see that as abc and nbc you have trained operators like george anchoring the morning show with seasoned veterans of the obama campaign's and the clinching campaigns and and they all got in line shamed into doing this try to memory hold a tough couple days because they were caught flat-footed and now they have their talking points in order and give it another week will see the media just say its time to move on. >> trace: it was red-handed pats down they got busted and thank you both.

>> trace: and american military bases on high alert incredible intel pointing to the possibility of a terrorist attack and later in 'the nightcap', chuck todd questioning if democrats standing behind biden are putting party over country. >> the real issue is he telling the truth about whether he can serve a full four years? there's a lot of challenges in the world's and we want a president do we want one that could be incapacitated? what's in the best interests of the country and not the party. >> trace: what you think? democrats prioritizing party over country admit his apparent mental decline? which ever vote for the opposite party if you thought their candidate was the best for the country? why or why not. we will read your responses in 'the nightcap' but in the meantime it's 821 on the west coast the night trip across

america and alive look at navajo dam and new mexico, largest dam in the state and long to ohio nicknamed as champion city and finally westchester, pennsylvania and the philadelphia eagles training camp from 1980 and if you can't join us live, don't forget to set your dvr and watch us (♪) any time 'ree are coming right back. book your move today at pods.com

here's why you should switch fo to duckduckgo on all your devie duckduckgo comes with a built-n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. >> trace: breaking news covering all day as he was military bases on high alert and here's the chief national security correspondent jennifer griffin. >> reporter: isis properties or russian agents as u.s. military officials say not a threat from a particular terror

group the left of of the top american general overseeing u.s. military bases in europe to raise the protection to charlie, highest level in 10 years fearing a potential terror threat targeting u.s. military bases in the bases provide support to nato remain on high alert as the alliance prepares next week to celebrate its 75th anniversary. >> u.s. european command increasing diligence. >> out of an abundance of caution. >> reporter: loud -- large crowds gather and the paris olympic start soon and more than 100,000 service members stationed across europe and bases on alert including during the u.s. command headquarters in germany and service members told to be vigilant and report any suspicious activity. around supreme leader issued an obtuse veiled threat with bases all over the world any movement

and any action and revolution that only pays attention to its own internal environment and collects foreign development will certainly force a blow. or russian ukrainian arrested near charles de gaulle airport outside of paris following an accident involving the manufacture of explosives and suggest the perpetrator planning to bomb a hardware store north of paris part of a sabotage campaign orchestrated by moscow. >> trace: thank you jennifer. let's bring in the foreign desk editor chief and good to have you as they write, u.s. military bases on high alert and goes on the alert is the second-highest state of alarm issued by the u.s. army and an american official said they had not with -- witness that level in a decade and, of course, jennifer confirmed that and it is significant. >> quite and preparing -- they are preparing it -- comparing it

to before 911 and are we paying attention to the alarms? we don't know who it is so it's almost an environment ripe for that and that's showing one thing that its u.s. vulnerability and the posturing of the white house that has led to our enemies are rogue elements across-the-board to feel as though they could have a shot at it. >> trace: i wonder what you think about ron's threat that you think they could get hit and i don't know if it's unusual but it seems very bold for them to make statements like that. >> it is bold but they have become emboldened but right now is much as the white house would like to distance ourselves from the war in the middle east, of raw and regime does not see any daylight between israel and the united states which is why we are being shot at by the who these and american hostages held

by hamas and why we're watching as the regime beefing up the asset in central and south america and south of our border and now let's talk about our border. 700 to 1000 want to be terrorist apprehended at the southern and northern border and people who have not been detected so there's a reason why there are these threats could be here at the homeland or assets across-the-board or in the middle east. >> trace: i'm curious because lucas tomlinson source essays not connected to the french elections and what is the connection? >> the vulnerability and positioning we have. one thing we have to discuss leading up to our election and that's why they believe this attack happened before the election the foreign policy is not a partisan issue and treated as such. a polkadot foreign policy we had one under president obama's very different foreign policy under

president trump and similar under president biden and that is why our enemies wanted the iran regime wanted biden to be elected will take that foreign policy to that does not show any deterrence to the enemies of the united states. >> trace: great to have you on coming up, california gas tax are rising with drivers paying double the taxes seven years ago a dollar 21 per gallon just in taxes plus a major supreme court ruling allows cities to ban homeless encampments but will that change anything here in california? allison! allison's plaque psoriasis. she thinks her flaky gray patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. otezla can help you get clearer skin. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting.

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>> trace: new gas tax took effect in california with folks bracing for another increase in the highest price -- fuel prices

and a longshot. restaurant owner and chef along with california gop thank you both for coming on. the gas tax was 20 cents a gallon in 2017 and now 60 cents a gallon but says california drivers will be paying 90 cents in taxes but a dollar 21 per gallon collected by the government in taxes and fees. it's the highest by a mile in the country and keeps going up. >> we can all talk about how crazy it is we should get ahead of the narrative and you'll know the reason they are so high is all these corporate greedy guys hitting you but what's interesting is a look this up something along the lines of a one dollar profit or less they make means the government making a dollar and 21 in profit so

those are the guys that need to decrease their profit. >> trace: in the hope that they keep pushing the taxes that everyone will drive evs but work the opposite but now the ev is going down. announced to you. gave california the green light to clear out homeless encampments and california remains committed to respecting the dignity and fundamental human needs and continue work with compassion to provide individuals experiencing homelessness with the resources they need to better their lives. in other words, nothing will change. >> would be nice you cared about the dignity and fundamental human aid -- needs of those in wheelchairs or women or anyone in esa take public transportation because as we know all those places have become moving mental -- from mental hospitals and drug dens. >> trace: white not take care of veterans and we're putting

billions and billions of dollars into a problem that gets worse. the pride parade and i'm quoting, police appears to opt out of taking action san francisco attendees openly performed oral sex on each other and engage in disturbing sexual acts including urinating on one another during the pride parade there were children marching in the parade for multiple groups including the boy scouts. to you, will show some of the video and blocked out the bad stuff one of those things worth not legal in california. >> yes, it is but so is theft and all sorts of horrible things but by the way, no self-respecting gay person who fought for the right to be out and marry each other, they said this wouldn't happen because they are horrified as well this is abhorrent behaviour and no wonder the police did not arrest

anyone like eric who wants to grab them? >> trace: one of those things where i don't know what to say but i would never in a million years expect to see this in san francisco yet here we are. >> is evil narcissus as they push it further and further and then when you say something about, you are a bigot and i also read they were kids they are and who their kids to a show like this? >> trace: the parents channel to interviewed said nudity's okay but what about the rest of the stuff going on? i don't get it. thank you both. tonight launching the first edition of body cam heroes and exclusive segment where you bring you stories of heroic police officers across the country as law enforcement expert here to break down the video. >> hey, trace and welcome to body cam heroes as newly released footage as the police

department rushing to a burning apartment building to save two children. you will see from the footage we're looking at officers from burbank pd and sergeant deas making their way into the structure very limited light and capacity to breathe doing their best to clear all the debris out of the way working their way to the back corner full tunnel vision and auditory exclusion but the officers purely relying on their hearing ability as they make their way to the corner you can see the flash they're pulling back out again and sergeant on scene with his other officers now making their way back into the corner of the apartment structure getting to the last corner of the apartment to give to the two children and one is a young girl and another one a child in the crib and they

finally make contact with the actual children and remember very hot tunnel vision and auditory exclusion hands on the girl as well as the baby and start making their way out to the outside of the apartment building entire operation approximately one minute. >> trace: that's amazing video and thank you and will bring in the responding officers from the burbank police department, and it sounds to me when you listen to that video where you're coughing because of the smoke? you could hear and you can see it's really hard to get a view and what are you thinking? >> we're just trying to get these kids and it's hard to breathe and you hear the voices and our goal is to make it back there. >> trace: and when you're in there do you worry how will we

get out? >> absolutely, my biggest concern we cannot see or breathe and did not know where the children were and we could see flames starting to generate so we tried our best to make her way quickly we couldn't see but we could hear the children screaming which you can hear on the body camera and her only clue as to where they were was following the screams. >> trace: and i think we can see both of you out saying where you were, did you hear the kids answer? >> definitely the screaming we could hear. >> trace: as you go in there almost like a maze, are you concerned you can find your way back out? >> definitely concerned and it was a small apartment but there was moments. >> trace: what is the process as you go in and grab these kids

and you put blankets over them? standard operating procedure we should know about? >> it's funny because there is no standard operating procedure when it comes to this we just have to grab the child and run out as fast as i could safely because i didn't want to trip and fall and i started consoling her and waited for the paramedics and i could hear them arriving in my goal to get her to the ambulance as soon as possible. >> trace: did these kids suffer any ill effects to take to a hospital? >> they were transported to hospital so i'm not sure what happened. >> trace: do you follow up with things like that? you can hear the children screaming in there crying great they are and what is that like? >> to this day, i can hear those children scream and a very distinct memory i won't forget as i have children of my own so

this is very personal and i'm glad we were able to save them. >> trace: where the parents outside telling you the kids were there? >> some neighbours said they did not know where the parents were but there were children inside and could hear the faint screams so the neighbour said you guys have to go save those kids so we ran in. >> trace: back to aaron cohen, one of those things where we see this type of heroism a lot but now with body cameras, we get to see it for selves. >> you have heroes across this country almost a million a sworn officers didn't have ppe running against their instinct and they can't see purely relying on their auditory ability and you don't have time to wait for the fire guys these are body cam heroes and that's why these stories need to come out and it

was done right on that day and those kids were alive because of these two gentlemen. >> trace: one of those things afterwards you think that is tough but well worth it? >> definitely. >> i'm glad we were able to save the children and definitely a scary time but we had a job to do and we save them. >> trace: we are god as well and thank you gentlemen and congratulations and nice work in all the heroism accolades should go to you. >> democrats want to lecture republicans for putting party over country how they have been enabling donald trump but can democrats at there and say this is not about whether you think biting can win the election but is not just because he's joe biden but because he's not donald trump. >> trace: does he have a point? putting party over country and when do you think voters should put country over party? let us know and we will read

your responses coming up next in 'the nightcap'. find what plaque psoriasis has been hiding. there's only one sotyktu, so ask for it by name.

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>> trace: back with 'the nightcap' crew tonight's topic

is party over country as chuck taught slamming democrats questioning whether they're putting party over country and might he be right? would you vote for the opposite party if it was the best thing for the country, why or why not. >> i have done that i've been a republican my whole life and never thought donald trump was a suitable leader for the gop or the party and he lost an election and tried to stay in office and that's a dealbreaker for me and now that biden has told an equally serious by i'm having a much tougher time deciding this time around. >> if you don't like the person on your parties ticket you have to either not vote or do a write in or there is no way to go around it.

i think they are sticking with the party over country right now >> i thought you had to be a democrat so i volunteered bill clinton's campaign and then i woke up but i will say the presidential race sounds interesting but more potent -- more important to vote for the right people. >> someone who spent his entire career in the national security space would cross lines lines if it meant jumping sites for someone who was going to show a better commitment to keeping american save. >> i think we've been talking about this for years as people have become so polarized there voting on party lines and i'd like to think i'd vote for the best candidate. >> party has gotten way out of hand have to stop thinking about parties in our vote for

christina. >> trace: i think the same thing and it's a contest and you vote for a winner of that contest and we asked you what you think and if we thought their candidate was the best, yes 86 percent. 71 on instagram and nick says no because it's literally impossible for the democrats to do what's best. >> i did not vote for biden because he's not smart. would have to be extreme maybe if stalin was running and vivian says i've been a damn and i will not be voting party. >> absolutely what is first and foremost the love for the united states and i would vote for the opposing party candidate only if the policy tested and affectedo' in the current administration.3 things arein watching america's late news and see you back here tomorrow on sibly improve damage of the intestinal lining. serious allergic reactions

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