with everybody. except for jamie. >> it's a vegan cake, very tasty. >> it for sure is not. >> greg: thank you so much. what a great show. let's do another one tomorrow. thank you, kellyanne conway, larry elder, jamie lissow, kat timpf. "fox news @ night" with gillian turner is next. ♪ ♪ >> gillian: hello and welcome to "fox news @ night." i am gillian turner in washington. breaking tonight: the white house is now scrambling to avert a major railroad strike te economy and infrastructure. "the new york times" is suggesting polls that show democrats on the rebound. maybe a political mirage. will it be a fight over the maga

agenda or kitchen table issues? our panel will see. a rare agreement between the justice department and former president trump's legal team at the appointment of a special master to review documents sees it mar-a-lago. we will detail. plenty of pomp and circumstance this week as britain's morning the longest reigning monarch, the queens passing now spurring the royal family to mend some fences. prince harry and meghan markle are both back in the u.k. steven hilton will join us to break down the royal drama. we begin with president biden touting on a economic resurgence. white house correspondent kevin corke taking a closer look. >> good to be with you. the president back on the road again telling a group in boston about what he called an unprecedented investment in his bipartisan infrastructure law. the latest example, he claimed, it's taken america from economic

crisis to economic resurgence. >> jobs and incomes are up. people are back to work. that progress has continued evenness economics -- economies around the world have faced challenges. >> americans remain focused on the economy here at home and specifically record inflation. according to the very latest gallup survey in which more than half of respondents say that the inflation problems in this country are causing financial hardship for their households. 24% say they are only buying essentials. 17% say they have canceled a vacation because of the inflation problem. another 17% say they're actually driving less. this is "the new york times" election analysts are warning overly optimistic pulling for democrats in the upcoming midterm elections, places like wisconsin, could be off, way off. much of the way that they were

back in 2016. coding and analyst for the times, "that warning sign is flashing again." analysts are taking issue with mr. biden's claim to have "cut the deficit this year by over a trillion dollars." fact-checkers have repeatedly pointed out. it's not exactly true since biden student debt cancellation wiped out more than double. janet yellen has made similar claims. today she warned the aggressive rate hikes could tip the country into a recession which many experts say is already the case. as you alluded to, new tonight, there's a very big story, ironic on the state of infrastructure talk that amtrak has announced it has primitively suspended service on some of its long-range routes mostly out of chicago due to a looming strike.

one that could cost the u.s. economy some $2 billion each and every day. that's a story that we will keep a close eye on. >> gillian: i shudder to even imagine what those long route fares are before they shut them down. >> it's going to be crazy especially if you're in the windy city and it could spread around the country. >> gillian: talked you in a moment. let's continue the conversation about how much stock should be placed in recent polling favoring democrats as well as the vice president's big sitdown interview. let's bring in tonight's panel. former priorities usa political director and democratic charters kristal knight, heritage foundation's mike howell, j.k. strategies founder. thanks for being with me. republicans say that the democrat strategy is making sure their crisis continues. take a listen to ted cruz a

couple hours ago. >> illegal immigration, they don't want to stop it. their plan is more illegal immigration, more chaos at the border. their only political strategy, which you can see their cronies in the corporate media, is distraction. they want to scream donald trump all day long because there's nothing on planet earth that they hate more than donald j. trump. >> gillian: what do you think? >> i think what's distracting are people like ted cruz getting on tv and making these types of comments. we really have to redefine what we mean by secure and securing the border. women and children fleeing conflict zone, war-torn countries, america has proven to be safe country where people can come and provide, get a better lifestyle, better life. we see happening in texas with governor abbott. sending women and children and

men into major cities across the country, that's not secure. that's not a way to track people as they are coming in. fleeing whatever conflict they are fleeing and providing a safety net for them in this country. i think when we talk about the border, we talk about was happening. it's not an easy topic than any presidency, and the administration's had a tackle. we soldering the last administration of the former president put women and children in cages and so i don't think that was a secure way to secure our borders. what this administration is trying to do is track each person that's coming in and provide safety net for them. >> gillian: trying? they may be trying very hard but there's big gap between trying and succeeding. as border patrol is the first to acknowledge. >> we have a secure border and that that is a priority for any nation, including ours in our

administration. but there are still a lot of problems that we are trying to fix. given the deterioration that happened over the last four years. >> gillian: we have a secure border. the problem is solved. what is everybody talking about? >> again, she's in charge of the border. i trust her degrade herself as much site trust hunter biden to chaperone a high school field trip. the border is worse than it's ever been. it's as secure as it's ever been under from. over 5 billion people illegally cross the border since biden came in and the american people know that this was purposeful, by design, going to continue. they are fed up with it and they realize it's not just at the border, every time there is a border town. look no further than washington, d.c. try to send them around the country. same thing with chicago. >> gillian: jack, then that --

the dynamics, the optics are shifting. political conversation beginning to shift with governor abbott busing on documented migrants to big cities like new york and chicago. that seems to be having an impact at least on politicians. >> exactly. it's a very clever thing. in a way he has allies within the democratic party saying we don't want this anymore. their hypocrisy frankly of the mayor of chicago saying it's wrong for him to bus people to my city and then she turned around and did the same thing in buses folks to another city. it has kind of change the dynamics. when i served within trump administration, as well as what people did in the obama administration, lot of care was put into making sure that people were not being traffic and they were being processed carefully and slowly. there's been just a rush to expedite and get people through the system. that is putting a lot of people

at risk due to the policies of this administration. >> gillian: i want to make sure we talk about midterms and the latest polling. mike, you say the last few cycles missed the boat in terms of underestimating both g.o.p. enthusiasm and g.o.p. turnout. now looks like "the new york times" is beginning to ring alarm bells that the same thing is gearing up to happen again. take a look at this. the headline. polling warning signs are flashing. the apparent democratic strength is a mirage, an artifact of persistent and unaddressed biases and survey research. since the supreme court stops decision on abortion some pollsters are seeing the familiar signs of nonresponse bias. people don't respond to a poll are meaningfully different from those who participate. creeping back into their sur surveys. >> right to. the polling industry has

massively missed on the last few cycles and i hesitate to say it was an accident. this is a new dirty trick this become a major force in our political life. it is suppression polling. it's meant to discourage the opposition. the opposition being conservatives. this is a tool that utilized in order to grade a false sense of momentum. seen it before. i hate to say but i think "the new york times" is right. on the dobbs question itself, i think there's a lot of overhyped about the galvanizing effect this is going to have for the left. the fact the matter is americans do not support late-term abortion and the extreme measures that are commonplace the democratic party today. i think once you see this debate play out over the coming months, americans will rightly recognize it. >> gillian: panel, really enjoy talking to all three of you. we've got to leave it there. kristal, mike, jack, thanks for staying up with us. >> thank you. >> gillian: breaking tonight:

more legal wrangling between former president trump's legal team of the justice department of the appointment of the so-called special master to review the records seized by the fbi during the raid on mar-a-lago. tonight we are learning some common ground are starting to emerge. correspondent matt finn tells us where things stand. >> hi, gillian. new filings from the doj and trumps attorney appears both sides agree on a single nominee for a special master to review the documents's he's seizing the unprecedented raid on mar-a-lago. that person is former george raymond dearie. he's a former reagan appointee and one of the judges who approved surveillance request on carter page. former president trump golfed in virginia monday as his lawyer submitted a filing said they have specific reasons why the government's nominees are not preferred for that special

master. trump's team suggested a prominent florida attorney. the doj opposes him, writing he doesn't have a similar level of expense as the other nominees. the doj last week cemented its recommendations for special master including judge barbara jones who served on the federal bench in manhattan and thomas griffith, former d.c. appeals court interest. the trump team and doj disagree on what duties the special master will have. trump's team wants the special master to review all the documents seized by the fbi from mar-a-lago. the doj and general poses a special master and does not think that special master should inspect classified documents or resolve claims of trump's executive privilege. both sides also disagree on the timing of this entire investigation. the government wants the review process to wrap up by mid-october before the midterms. trump's team wants the investigation to last 90 days,

pushing up estimate terms. the doj has also informed the 11th circuit court of appeals that it plans to file an appeal, although it has not made clear what kind of appeal. the government has asked judge cannon to delay her order that the doj has to stop using seized documents in a criminal probe until that special master is appointed. trump's team insist the entire investigation is document storage dispute that has spiraled out of control. writing in a filing that the government wrongly seeks to criminalize the possession by the 45th president of his own presidential and profe personal records. last week saying the special master will be responsible for reviewing property seized, personal items and documents and potentially privileged material. gillian. >> gillian: matt finn, thanks so much. saint giles cathedral in edinburgh remains open overnight allowing public to pay their respects to the late

queen elizabeth. memorial services are going to continue after her coffin is flown to london on tuesday. that will be next monday. amy kellogg joins us tonight from london. good tuesday morning to you. >> hi, gillian. yes. the new 73-year-old king charles had seven engagement survey spanning two nations of the united kingdom. he really has not having time to personally grieve the loss of his mother. instead he has had to lead the nation in their mourning. the nation and his family. he has said he feels the weight of history upon him as he steps into the shoes of his late mother. having started the week off receiving condolences from the british parliament which he

called the "living, breathing instrument of our democracy." later the king flew with his queen consort to edinburgh where he and his siblings marched solemnly behind his mother's coffin as it made its way along the royal mile to saint giles cathedral where people continue to wait in line at this hour. it's 5:00 in the morning of the united kingdom. a chance to go inside and pay their last respects to the queen. people on walkers and wheelchairs undeterred by the obstacles to getting through the crowds. the scottish are not best known for outpourings of emotion, but there was plenty of just that today. >> so much. >> everyone kept going. nice, coffin with the flag and the crown on top of the round of flowers.

it made you realize how special she was to everyone. there was an aura about the whole thing. >> finally, the king and his siblings stood vigilant silent contemplation around their mothers, and before handing the response for guarding the late queen back to the royal company of archers, the king's bodyguard, for scotland. gillian, the coffin will be transported to london later today. the police are out in force. they are expecting an awful lot of people to come to london. they are even talking about possibly 30-hour waits in line for people to go into westminster hall and say their last respects, pay their last respects to queen elizabeth ii. they are even speculate in that line could stretch as long as 9 miles. that seems quite hard to believe. but we do understand, we do feel with each day the emotions

become more intense around the passing of the monarch. gillian. >> gillian: amy kellogg live in london for us. thanks very much. her british ex-pats, continuing attributes. reaction to meghan markle's return to the u.k. steve hilton. talk to me about this phone that's prevailing -- the sense that's prevailing among some that all of what we are seeing, jockeying for positions and rearranging titles behind the scenes of the royal family, the new line of succession to the throne. the pomp and ceremony. it's reshuffling deck chairs on the titanic for lack of a better analogy. people will tell you that the monarchy and royal families

across the globe are in mortal peril. >> i wouldn't say mortal but i would say peril, as far as the u.k. is concerned. there's always been an undercurrent of people in the u.k. who didn't support the idea of monarchy. i was one of them. i argued against the monarchy back of the day when i lived there. that was all put on hold while queen elizabeth was there because of the enormous respect and admiration and love for her that grew with every year of her rain and you can absolutely see that today in the reaction to her death. it was put on hold. king charles has a real job on his hands to try to maintain the respect for the institution and the continuity of the institution. so far i think he's done better than i would've expected. i think the way he's conducted himself has actually brought about a widespread sense of

respect for him both as an individual, the emotion he has shown, also the dignity has shown. the way he is clearly indicated he's putting behind him the days when he was expressing his views on various political issues and so on. i don't know. i think it's a good start. the fact that there is such an outpouring of respect and admiration for the ceremonies in scotland is very interesting. there's a big movement in scotland to separate from the united kingdom. king charles certainly doesn't want to be the first monarch that presides just as his mother presided over the dissolution of the empire. that turned into a positive with the commonwealth. he doesn't want to be the king presiding over the dissolution of the united kingdom. i don't know. it's in the balance. it's up to him and the other royals to really earn the respect of the public by the way they behave. it was the queen's behavior, or personal conduct that really earned the respect for the institution. >> gillian: that's right.

you mention the rest of the royal family. i have to take your temperature on harry and meghan. they are back in the u.k. their children have been bumped up a notch the line of succession. you have four of extraordinary situation where the fifth sixthd seventh in line to the throne are sort of -- up until this week anyway, had been estranged from the royal family, at odds with the king. harry and meghan themselves were florida venice limbo short of partially royal state. it's strange, is it not. how does it work? god forbid one of them had to assume the throne. it's odd. >> you're right, it's very strange. it's very unwelcome. from all the reports we are reading, extremely upsetting for king charles.

deeply hurt by what happened. i think the public, remember. we were there for the wedding together. >> gillian: doesn't that seem like it was about 30 years ago? anyway. >> this incredible outpouring of excitement about it. people thought it was fantastic. the british people welcomed megan. now that it seems to have fallen apart i think there's a real hope bridges can be mended. oprah winfrey of all people was out today i noticed saying she hoped that burying the dead would bring people together. you may say it's kind of ironic given the role she played personally and some of the problems that occurred. i think that's everyone hopes for. i think if there could be away for them, if you like, end the let's call it the un-civil war or inside the royal family, i

think everyone would welcome that. >> gillian: if it takes a kick in the butt from oprah, whatever it takes. thanks for staying up late with us though it's not quite as late for you as it is for us here. coming up, the lungs one ukrainian zookeeper is going to save an escaped chimpanzee in the middle of the war. plus, this raccoon has quite the life. we've got the days best viral videos coming up next.

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♪ ♪ >> gillian: first up into nights viral videos, two black bears caught on camera dancing the night away at this florida homeowner.

the naples couple says this is not the first time they've spotted wildlife at their home. they say they've also seen bobcats, wild boar, and deer. a chimpanzee named cici ran at a ukrainian zoo. she was spotted roaming around the city. video show her wandering past buildings, heading toward freedom square. she was later lured back to the zoo by a staffer. dressed her in a yellow hoodie and even gave her a big hug. and this. the nfl season is officially underway. for chicago bears fans was a very wet start. take a look at this video. players made the most of the conditions after taking home the first one back against the san francisco 49ers. they celebrated postgame by sliding into the end zone. a man walking his neighbor's dog had to call her back -- had to

call for backup. the neighbor negotiated to drop the knife. offered a boat load of treats. it turns out, we are told, sam and did the awfully cute. we could take a few pointers from the raccoon. making himself comfortable in a hammock. the raccoon stayed snuggled up pretty much all night. if you have viral videos to share, hit us up @foxne @foxnewsnight. it's time to bring back everybody's favorite, kevin corke, for one of our favorite topics, food. kevin, talk to me about fast food. >> let's be honest about it. you all say that you want

healthy food. you stand in the isle of your favorite grocery store and you study the healthy options but deep down inside -- >> gillian: i don't know what you're talking about. >> sure you do. you want fast food. burger, fries, pizza, fried chicken. according to the barbecue lab which found out that america is indeed a fast food nation. duh. the average person shelling out 1200 bucks a year on fast food with the average u.s. household spending approximately 10% of their income on that fried, greasy goodness. about a third of americans are eating fast food on any given day. whether grabbing a quick lunch at the drive-thru or taking advantage of the convenience factor to bring dinner home for the family after a long day on the job. you are healthy. my office is right next to yours. >> gillian: thanks relying on national television to protect

my honor. i'm an ask you, are you a fast foodie? do you have a go to? >> gillian: i have to tell you. is publicly to be controversial. i'm going to get hate tweets but that's okay. i am currently obsessed with the impossible burger from burger king. it's so good. >> i have tried it. it's not bad. i am the guy who will do fast food all the time. i have been a tiny bit better. >> gillian: but you work out. it kind of -- >> balances out. you can eat fast food if you're healthy in other ways. >> let me say if you have these apps where you can order your food online. uber eats or dora dash. that's what they get you. you can enjoy from time to time. just don't overdo it. >> gillian: those apps make all food fast food. great to see you. thanks for staying up and coming

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there are tons of trending dances to discover on social media, and there's even this- the easiest way to book an exam at america's best. get two pairs and a free exam for $79.95. book your exam today. >> gillian: first step in tonight's crime crisis roundup. police in new york looking for a dozen people accused of a violent beating at the west indian american day parade over labor day weekend. the 44-year-old victim was punched, kicked the flooring robbed -- before being robbed. authorities looking for a shoplifter. two employees had attempted to stop the shoplifter from leaving and return the unpaid items for the man punched one of the workers from behind, knocking him to the ground.

a 31-year-old oakland man is in custody after being accused of committing multiple robberies. a breeze and daytime robbery at a restaurant caught on tape or another robbery in l.a. and anor robbery that resulted in a police shooting. we are learning about separate legal troubles. the suspect in the murder of eliza fletcher is facing. fletcher, the mother of two, kidnapped and killed out for an early morning jog on september 2 in memphis. senior correspondent laura ingle has the latest. >> gillian, the list of crimes involving the manic use of the kidnapping and murder of eliza fletcher continues to grow. a suspect who returned to a courtroom monday on new, less serious charges that occurred around the same time mick kindergarten teacher was violently abducted off the streets of memphis. >> this is a new charge.

this is your first appearance on this case? misdemeanor offense. >> 38-year-old cleotha henderson appeared for a brief hearing monday on charges stemming from stolen cash cards. the alleged crime taking place one day before eliza fletcher was kidnapped during her early morning run september 2. as new details on henderson's criminal history continue to mount an alarming case from last year has those in criminal law asking questions. last week new accusations from 2021 involving a different woman were revealed through an indictment charging that cleotha henderson with aggravated rape and kidnapping and gun charges. the timing of a massive backlog in dna testing. the dna matching the 2021 case was made available to memphis police just three days after fletcher's kidnapping. something criminal justice experts say is a travesty.

>> effect crime had been properly investigated he probably would have been back behind bars and not able to commit this atrocious crime. >> henderson was identified quickly after fletcher's' abduction due to a rushed dna request by the memphis police to the tennessee bureau of investigation. the results came within 18 hours after receiving key evidence from the scene. on the 2021 case, the tbi telling fox "memphis police submitted the sexual assault kit on september 23rd, 2021. the evidence was put into the queue of unknown assailant kits, as no request was made for tbi analysis to be expedited and no suspect information or dna standard was included in the submission." over the weekend a funeral was held for fletcher at the same church where she married her husband before having their two children. henderson will be back in court next monday to face to charges of aggravated kidnapping in the two cases, in addition to the

list of other major crimes he's accused of. gillian. >> gillian: borel, thank you for that. laura, thank you for that. tonight's "where in the world. he was swaths of pakistan still underwater. floats displaced millions and have so far killed over 1300 people. many of the now homeless pakistanis living in tents are undertaking efforts helping to reach the hardest hit areas. the country faces a major food shortage. if you've ever wanted to visit new zealand, now be your moment. that country's prime minister announced the end of almost all covid rest restrictions. no masking requirements, vaccination requirements, isolation. for close contacts of positive

cases. demonstrators in chile. protesters were commemorating the anniversary of chile's military coup in 1970 through the overthrew the democratically elected leader and ushered in a 17 year dictatorship. unrest in haiti, as protesters are calling for a reduction in gang violence it's wrecked the country for decades. the prime minister marks the anniversary of the haitian president's assassination asked for international help to solve the gang problems. you canes president accusing russian troops of delivered strikes targeting civilians. the ukrainian counteroffensive head of big dave gaines, pushing russians to the northeastern

border. jeff paul reporting. >> emotional embrace from the people who love suffer the most. some brought to tears as they welcome ukrainian soldiers. they are finally free of russian occupation. >> i still can't believe they have gone. >> blue and yellow flags raised to the tops of buildings. abandon russian tanks stopped the sides of roads. >> interpreter: russians were here in the morning. then they started to run away, charging often tanks and armored vehicles. >> proof that the ukrainian counteroffensive is working. however, as russian troops pull back, many of the region are left without running water and electricity, strikes continue. you canes president volodymyr zelenskyy urged his

people to be strong and patients they enter a new chapter of the war. >> interpreter: i believe this winter is a turning point and it can lead to the occupation. russian forces fling in different directions. >> withdraw is the source of rare criticism among vocal russians. military bloggers and staunch russian patriots to hosts on state media. this prudent ally pointing out the russian defense ministry's mistakes. engineers at the nuclear power plant have been able to shut down the last operating reactor. showing continues. engineers warned that they are knocked out of danger just yet. >> gillian: jeff paul in kyiv tonight, thank you. portland, oregon, suing a store that owes the city in unpaid taxes. the store faced extensive and very expensive damage and

looting from the rioting that occurred. is it legal for the store to not pay taxes if the city failed to stop rioters? our legal eagles hash it out next. she scheduled with safelite in just a few clicks. we came to her house... ...replaced the windshield... and installed new wipers. that's service on her time. >> grandkid: here you go! >> tech: wow, thank you! >> customer and grandkids: bye! >> tech: bye! don't wait, schedule now. >> singers: ♪ safelite repair, safelite replace. ♪

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>> gillian: the city of portland, oregon, is suing louis vuitton for refusing to pay taxes from 2020. they also alluded an estimated three and a thousand dollars worth of merchandise. the french company has not commented on why it's not pay the over $42,000 in back taxes it owes to the city and the county. is it coincidental? is it legal? let's debate with robert patillo, trial and family law attorney lexie rigdan. allegedly louis vuitton owes $42,000 to the city and the county. robert, we'll start with you. the store's manager said the total damage to the property from 2020 totals about $500,000. this is real money. figure absolutely but those are

two complete the different issues. insurance handles the losses at the store. a luxury retailer this nature. business taxes and licensing fees. but we have not seen is any real rationale. something that would allow them to not need to pay taxes. i think because of that the city will prevail. >> gillian: lexie, there is the law obviously. and then there is karma for lack of a better word. the vp of research for the cascade policy institute said today "what a messed up world we live and where business pays their business income tax. a big chunk of that is supposedly for public safety and then they have to pay taxes again to support a fund to cover the damages because there is no

public safety." >> he kind of has a point. i think, i want to introduce my special guest. this is louis. i did not loot louis. i did loot it from a friend's closet. much like louis vuitton has decided not to pay their taxes, i have decided she's not getting it back until they can patch things up. >> gillian: you must have very good friends. >> i do. i agree with robert. i can't possibly be legal to be a conscientious objector. if it's going to be $50 off my bill every time i hit a pothole. the person that you just quoted was absolutely right that it's a messed up world that we live in. you can have $80 $800,000 total

damage than be hit with a $42,000 tax bill and the government says too bad. we didn't do our job. the mayor went on record and said we didn't really handle it the best way we could. that's the government for you. so it really is a shame but i think, i agree with robert. there is no way that louis vuitton will be able to get away with it. you look at all the other corporations in portland that have paid their fair share, quote-unquote. apple, h&m, starbucks. i don't think louis vuitton is going to be able to stand on political posturing to win this fight. >> gillian: those storefronts, those big names you just mentioned, they were housed in the same kind of shopping center is this louis vuitton. robert, what kind of recourse to the stores have who generate sometimes millions of dollars in income for cities through rent when the city fails to live up to their end of the bargain.

>> they a havoc grant program. they have a grant program. as a french luxury retailer louis vuitton probably wouldn't qualify. [indistinct] ivory events that have happened. businesses can fortify their stores, hiring security, taking out additional liability insurance. the thing you cannot do is just not pay your taxes. that's not on the list of options. as your tv lawyer, i'm telling you not to do that. >> gillian: we've got to leave it there. thank you so much for staying up with us. great to talk with you. we want to leave you with some good news before we say good night. a neighbor is being called a hero in boston. three alarm fire raged through a home and trapped her mother and

two children. the neighbor rushed to the scene, grabbed a mattress, set it down outside a second-story window so the family could fall when they escaped. he was able to catch up 5-year-old boy. he saved the boy's life. good night from moss in washington. i'm gillian turner. we've called phone technology hot, called set, the longest espresso made right? hi , grandma. i play baseball today. oh, that's great. >> what position did you play? first base to? >> my grandpa used to play when our hearing wouldn't allow us to use a regular phone. it made us feel isolated. >> it became difficult to communicate with our friends and family. clear captions is an easy

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