>> greg: we are out of time, thanks to dr. drew, sonnie, tyrus, and kat timpf! i'm greg gutfeld, i love you, america. ♪ ♪ >> shannon: hello, and welcome to "fox news @ night," i'm julia turner and washington, breaking ron desantis is keeping delaware and white house officials guessing about his plans for more migrant flights, this is new cpd data from the border revealing a record number of people on the fbi's screening terror space have been apprehended there. plus it is not just a third legal process as border

officials our work are playing with and we will take it arizona. agents have seen twice the amount of legal fund and all than they did last year, telling fox news they expect greater quantity is getting into the country undetected. we have our border panel to delve into those hidden dangers. plus it has been called the city that never sleeps, but a recent crime crisis is changing at all for the big apple, fox news investigates how crime is forcing 24-hour spot in new york city to shut down early. we begin with that new data from officials at the southern border and the partisan showdown underway here in washington over transporting migrants around the country. white house correspondent kevin corke has new details. hi, kevin. >> good evening. the white house had to know with a figure like 2 million illegal aliens for the year people would not only take notice and woods demand answers. that figure an all-time high, but the president says it is a

reflection of a shift in migration patterns. not a failure of his administration to protect and defend the border. >> there are fewer immigrants coming from central america than from mexico. this is a totally different circumstance. >> totally different because central america and mexico are not in the northern triangle that vice president kamala harris was supposed to be focusing on. of course in northern triangle would be countries like el salvador, honduras and guatemala. only now it is thousands more each month coming to this country from places like venezuela, cuba, and nickel wobbled up. new york city says that it is considered using cruise ship they are, the big apple is shelters are overwhelmed to overwhelmed due to thousands of migrants coming by bus. he did explain how much smaller and towns in texas are supposed to cope with an onslaught that

new york is having trouble with the times who knows how many. this is the white house white house tonight continues to monitor reports of a possible aircraft with illegal aliens and heading towards the president's home state of delaware. >> yes, we have received word of the flights and yes, we are coordinating with officials and local service providers willing to welcome in an orderly manner as they pursue their asylum claims. >> much criticism but not stopping the president from taking ron desantis who liked texas governor greg abbott has seen fit to send aliens to blue states that say they support the surge. at the border. speak of the migrants to delaware, are you going to respond to that, sir? >> it should come as a way. >> ron desantis should come visit, beautiful shoreline so

says the president. the white house press secretary accused ron desantis of creating chaos and using immigrants as political pawns, however she did not address how this is any different from the administration plying illegal aliens under the cover of darkness to states all over the country as it did earlier this year. >> gillian: kevin corke in washington for us tonight, thank you. fallout from the border crisis is raising new national security concerns tonight to new data from cpp revealing 12 suspected terrorists were arrested at the border in just the month of august bringing the total for fiscal year 2022 so far 278 people. that is three times higher than the total from the previous five years here in the u.s. combined. correspondent matt finn has that part of the story developing tonight. hey, matt. >> hey, the fbi terrorist screening database identifies people who are known or reasonably suspected of being

involved in terrorist activities and border patrol arrested 12 people on that list last month alone. let's take another brief look at the numbers of the terror watch list at the border. getting back to fiscal year 2017 just two suspected terrorists apprehended at the border. in 2186, in fiscal year 2019 zero. 2023 jumps out to 15 and now in 2022, this fiscal year 78 people one is concerning is that those numbers reflect only the suspected terrorists that were caught. and border patrol shows 5,000 cutaways have slipped past this fiscal year, and they are the illegal immigrants who choose not to surrender for processing and instead evade authority us. republicans say that the numbers demonstrate the national security threat at the border and the need for greater security. it republicans on the house homeland security committee pushed for those numbers to be made public again before the bin

administration started putting them on the cpp website back in may. and taking a look at the migrant encounters in general, this fiscal year has also seen a record high. there were 200,000 migrants encounters at the border in august alone and a record 2.1 million so far this fiscal year. compared to 1.7 million last year. in 900,000 cutaways this fiscal year so far in last year combined. these latest numbers, as the border saw her vice president kamala harris said last week that the border is secure. >> president biden to administration continues to break records of all the wrong kinds and this is a humanitarian crisis that they continue to turn a blind eye to. it is the migrants that are dying on the way to the country. the cartel continue to profit off of the illicit fentanyl that is making her way into back backyards. >> president biden has not visited the border during his

administration, some republicans will say that they will not go because they will follow them and highlighted the dereliction of duty. >> gillian: wow, matt finn in los angeles for us tonight, thanks very much. border officials are also boarding a dramatic surge of fentanyl across the border, fox news team on the scene as they uncovered a bunch of bundles of pills they believe to be fentanyl hidden inside the gas tank of a pickup trunk. william la jeunesse shows us tonight from nogales, arizona. to >> this port of entry is at the front line in america's defense against drugs. each day 35,000 pedestrians, cars, and trucks will enter from mexico, most come to work, shop, or move cargo, some however carry drugs as we witnessed on monday. so moments ago officers at the core to notice something irregular about the truck. it was pulled into the secondary instruction with a gas tank and look what they found.

they have cut a hole open and dropped to these drugs floating in the gasoline. >> the smuggler, a mexican national who try to mask the drugs odor from cpp canine corps. the hundreds of dogs who detect more than 50% of the drugs seized along the border. this german shorthair inspects boxes from china and mangoes from mexico. finding drugs is rewarded with the tour. >> our dogs are super successful here, he sees a significant amount of narcotics. to >> the drug seizures are actually lower than the previous three years, that's the green line. but now isolate for fentanyl coming to see the spike? contrary to normal belief, entering illegally are not carried by migrants, but enter through legal ports of entry. >> there is a huge misconception that they are coming through the desert and the reality is in arizona, so far this year we have intercepted over 21,000 narcotics around the border. 18,000 pounds of that is caught at the port of entry.

>> since august, they seized more than 4 million fentanyl pills, double last year's total. what is it known is how much they missed. a new gallus, arizona, william la jeunesse, fox news. >> gillian: thank you, william coming here to break down the real world consequences, director derek maltz and national border patrol president aaron judge, things were being with us tonight, let's start where william and matt left off, and i think the key here where we are talking about these 12 would be terrorists, suspected terrorists being at the border in record numbers and i will come to you first you can read this in one of two ways. they were apprehended before they got in the country so the system is working, or you can say the is the tip of the

iceberg. >> if you look at the ones that are apprehended, think of how many have gone through. he is an expert and he can speak a lot better than i can, but hundreds of thousands of got a ways that we know about, what is getting into the country, and what are they here for, what is the motive when they get here, these are high-value targets that are aimed at cartel's thousands of dollars to cross into america and they don't want to be apprehended by the brave men and women of border patrol, so think about that. it's very serious. >> gillian: how do you read that, brandon? >> well, if there weren't any solutions, that would be one thing that the white house could come back and say look at, there is no crisis, but the fact of the matter is there are simple solutions, and when we apprehend people on the known terrorist watch list, that is a scary aspect of border security and just because we apprehended 12 last month does not mean that the other 50,000 that got away

are on that watch list, so if we don't get a handle on the current issue and look at the policies and programs and operations that will give us the opportunity to secure the border, then we are going to continue to see this. and the problem is that we don't know what the effects will be down the road. we are not seeing it right now initially and we never do. the terrorists also hold waiting until a specific time, but we are going to see the effects of that and it is going to play a huge part in the life of the united states citizens and that is the scary aspect of border security. >> gillian: derek, we know we got the august numbers, right, so nearly 57,000, 58,000 people were apprehended in the month. and we have now passed 2 million people. this is interesting, take a look at this from "the new york times" today. they say "to the biden administration has deployed 1300 law enforcement agents to

mexico, guatemala, and honduras in an effort to counter those smuggling operations" one official said "officials believe that if they stopped at 50,000 immigrants a month from getting to the southwestern border." that is something, is it not? >> yes, the numbers are staggering, but more importantly from my standpoint is the amount of americans that are dying every thing the day, every month, and the families that are finding these young kids, i was out in california last week and a 15-year-old girl was in the bathroom, and then a 14-year-old dead, the famous country singer luke bell the toxin report came out that he died from fentanyl, we have a crisis we have never seen. i was in washington, d.c., with families all over america this weekend rallying because they desperately are trying to get awareness because the white house is silent about the mass fentanyl poisonings all

throughout america. it is just staggering and is very sad, because of families are suffering and communities are being destroyed. but china, the greatest foreign country smuggling fentanyl. i'm working with the cartels who are making billions of dollars. and by the way, the chinese are doing all the money laundering now, they are picking up millions of dollars and buying real property and buying real estate in america with drug dollars. >> gillian: brandon, just so our viewers at home know what they are looking at here, this is what to law enforcement agencies refer to as rainbow fentanyl, it looks kind of like m&ms or a skittles and is designed to appeal to young people particularly children. it is surging, the use of it is surging here in the u.s., i know that to your colleagues are finding it not just stuffed inside packages getting smuggled, it is getting leased into all kinds of prescription and nonprescription off label

drugs. it's terrible. >> absolutely and how monstrous is that that these cartels are willing to advertise to children. that they are willing to go after the children of the united states and what is even more frustrating about it is that this administration understands that this is going on and they are just not doing anything about it. they can tell us that they estimated that they stopped 50/50 7,000 migrants from coming in, but there's nothing you can believe from the white house when you have a press secretary that says that people aren't walking across the border when there is no way that we can know what we can believe, when you look at this fentanyl in this drug crisis that currently exist in knowing that this administration just isn't doing anything about it, we have to take a step back and say, why? why are they doing anything? what is the root cause? why aren't they stepping to the plate and giving us the operations of policy i will go back to you they know that there are a simple solutions. if they are just not giving those solutions, so we will

continue to see u.s. citizens pay the price for their ineptitude. >> gillian: derek and brandon, we have to leave it there, thank you for staying up with us. we appreciate it. >> good to be with you, thank you. >> gillian: a federal judge in new york naming special master to oversee thousands of documents recover from mar-a-lago has told former president trump's legal team to provide proof that the documents stored there were in fact declassified as donald trump has repeatedly claimed. the attorney surprisingly are taking issue with judge raymond deary's order claiming sharing details from the documents could expose their client to criminal charges. telling them today "you can't have your cake and eat it." he going to serve as a neutral third-party arbiter who will sift through about 11,000 documents and identifying all that could be covered under attorney-client privilege or executive privilege as a former president is claiming. his team has a deadline now of november 30th to complete all

of that work. so let's continue the conversation about to the drama with acting attorney general matt whitaker. matt, thank you for being up with us tonight. i want to read this to you. a new development tonight in this, we are learning now that the doj, i am going to read this to you in real time for the first time, doj told the appeals court to that donald trump cannot have a plausible claim for return of documents seized by the fbi coming in per bloomberg. what if anything did you make of that? >> yeah, gillian, good to be with you tonight. the doj has appealed the judge's order saying that they can't use the classified documents that they obtained in their raid at mar-a-lago today, earlier today the trump administration opposed, the term team opposed

that appeal of and this is the response about 11 hours after the opposition is the rebuttal and just summarizes very quickly their position, which is as you just read, which is that the doj believes that the trump team has no viable argument. i disagree with that. i think that this process that judge has laid out with the special master that includes the alleged classified document i think is the appropriate process and the team is already working very hard to get this resolved. >> gillian: and the team today in brooklyn, new york, indicated that they are preparing for an indictment or at least preparing for the potential of an indictment. it seemed a bit of a sort of about-face for them in terms of

at least they said in front of the special judge subsequent indictments they used when writing and talking, what do you bring to that? is it a new strategy? what does that tell us? >> obviously defense lawyers are always concerned that the client is going to open them up to some exposure and criminal exposure, so you want to make sure that you don't do anything that interferes or sends at that direction, so it seems very appropriate that they would argue to that end to it and it's going to be very interesting as they set up the database for the review of the 11,000 documents how they handle these classified documents. >> gillian: which they are about 100 of them that we know about, and essentially ordered the team today to provide evidence that he had declassified these evidence as he has been saying and has the

former white house staff has been saying now for a couple of months that he did so far it looks like no evidence has been forthcoming. do you think that they are going to make a move? or is it smart to not provide evidence if they have it? what do you think is going on behind the scenes? >> i think what is going on behind the scenes is obviously that is an important card that if there is this case going to a criminal indictment, you're not going to want to play that card until you have to. remember the way that they are going to have to prove that it is they will have to bring individuals a and/or documents n that support their case. so you don't want to subject those witnesses to cross examination until you need them, and so i think that they are just trying to be as cautious as possible and not lay out any defenses, and you know the other thing, they don't even know what the us approximately hundred documents are. so it is hard to present the defense to the documents when you don't even know what is contained in the documents and

how they may have been declassified along the way. >> gillian: you can declassified the documents on paper in black and white, which case that would be reflected on the documents and they would not say top-secret or secret anymore or confidential, they would either be unmarked or say unclassified, or you can do it verbally which it seems likelier than not with what the former president david, how would they provide evidence if that was the case? if he had verbally told staff to declassify these documents and they did not follow through? what kind of evidence could exist? >> so obviously there is a formal process for declassification, but a president is the ultimate classification for the executive branch and they would not have to record or formalize that. they are will have to be

individuals that under oath, and swear with us, former chief of staff and intelligence officials that work with the president that will have to testify under oath that they were told that a certain set of documents were declassified. i will give you two examples of documents that were declassified and we all know for a fact. one wants things related to russia collusion hoax and the other thing is that hillary clinton server issue. so those documents in both the categories were declassified and that is in the public record. >> gillian: we have to leave it there, thank you for taking time for us tonight and we appreciate it. it's because it's good to be with you. >> gillian: up next, one country music icon makes the most of a fall off the stage, plus a shark out of water, you don't want to miss either of these. today's best viral videos are coming up next. ♪ ♪ ich is why we made bounce pet hair and lint guard with three times the pet hair fighting ingredients.

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♪ ♪ >> gillian: pursed up and tonight's viral video, a michigan trail camera capturing rare images of what appears to be a white furred black bear, these images were shared by an upper tracking guide group claiming the bear was killed by wolves just after they snapped the photos also reporting wolves have been devastated, have been devastating for the big-game cup population in the area. now according to the official with the department of natural resources black bears are born with white fur and the one in a million chance that both have a recessive gene per white fur are sometimes called spirit bears, but you did not know that. and animal rescue group in new york is trying to track down a 750-pound cow from long island with the help of these missing cow posters. i've never seen one before. that cow named vienna has been

captured several times, but has eluded capture. once rescued she is going to be brought to a animal sanction area. but nothing to fear, you can turn yourself in. also this, this moment captured during a shark fishing expedition off of the coast of maine shows a shark jumping onto a vote and nearly landing on the passenger. posting the clip on face book and writing a once-in-a-lifetime experience, thankfully no one on board was injured. i will say. and measured 7 feet and was tagged back to the scene. [call] >> gillian: they call him of their sailor and fog harm, getting way, the owners say they always feel safe when he is around. and tribute to the late

queen elizabeth the second continue to pour in from brighton beach and australia and etch the queen's likeness into the sand and then encouraged passersby to take a look, some people left behind flowers and tribute before the tide washed it away. quite beautiful. and country music star tim mcgraw took a >> gillian: while performing and an arizona festival and he fell off the stage as you can see there into the crowd, he was not injured fortunately, he did pop right back up as you can see and he took advantage of close proximity to actually bond with some of the fans. pretty cool. if you have any viral videos to share with us, hit me up at @foxnewsnight across social media. new york is famously known as the city that never sleeps, but folks in the big apple are starting to sing a different frank sinatra tune these days. laura ingle explains. good evening. >> gillian, all of those 24-hour

stores, bars, and restaurants at that two new yorkers are use to our changing things up, pulling back and adjusting to low staffing and concerns over crime. some call it the son of the times, businesses and the big apple taking a break for being open around the clock and a post-covid lockdown world. many managers and owners say that they just can't do it with the uptick in serious times around the city. >> the main rays is concerned about the safety of the employees going back home. >> one well-known ukrainian restaurant in new york's east village is no longer open 24/7, management says many workers in that restaurant industry lost their jobs during the pandemic and never came back. >> it is very difficult for us to even find dedicated qualified staff. >> one nonprofit that works with the city to improve businesses agrees saying it is a big problem adding that it's difficult to get employees and customers to come back to around

the clock operation. employees have been on edge with crime happening at their places of employment. and one example the nypd is available for a suspect caught on camera wall robbing a new york city bar after getting into a secondary door. the guy got away with electronic equipment and cash totaling $400. getting to and from work on the city subways has been another serious concern for new yorkers. it's because no one should ever have fear when they are simply going to school on the subways on our trains or going to their jobs. >> new york, new york, governor announcing tuesday that the city is prepared to install cameras on each end of every subway car in the city to make riders feel safer and have a law enforcement keep tabs on subway crime. >> you are going to have the camera footage that is going to show any crime activities that are committed on a subway train and that will allow law enforcement to search for

and identified the people responsible. >> the security camera program was funded from grants through the federal government and will be going into each of more than 6400 subway train cars. >> gillian: laura ingle, thank you. time to bring back everybody's favorite, we are just 24 hours away now from the official start of fall. and kevin, whether you love pumpkin spice or you hate it, one of the best things about this whole time of the year is the food. >> i completely agree with you. i am a guy that likes to eat, everybody knows that and i love fall, because it just means just relaxing and taking in all the favorites. let's be honest, if you're like most americans, you have your family favorite when it comes to food classics and that recipe that is been handed down through generation to generation or maybe your own creative creation that everybody raves about each and every year around the holidays, with that in mind, we have some fall favorites to share from the good folks over

at taste of home and i think that you will like a lot of these that sound so good. including apple pie cup clicks the link apple pie cupcakes with buttercream, the german style pot roast, pumpkin tort, stuffed peppers soup and chicken pot pot pie, that sounds fantastic. we have to love chicken pot pie, how about this? bourbon pumpkin tart and walnut streusel. wow, apple cider pork chops, mix merry berry salad was going to stay mixed berry, but it's merry berry salad, cornish game hens with wild rice and celery and fire firehouse chili. an honorable mention, because these were interesting too, cranberry pecan pie, you have to be kidding. bacon cheddar potato skins and a classic french onion soup. does your family have a fav

favorite? >> i have two, kevin, there is an omission here, because personally one of the best of all foods is a halloween candy that we left out of the list. i just thought of that while you were reading. but i'm into all of them. >> there is nothing on that list i would not try or really love, but in particular i'm very fond of chile. >> gillian: it is a good season for that. all in. thanks for getting creative with us and bringing us that awesome list. we appreciate it. coming up we will go live on the ground inside for a look at the pockets of the country that have been beaten back on russian forces now, but first we will take a quick look at the wednesday forecast courtesy of melissa torres and fox weather, take a listen. >> hey, everybody, meteorologist marissa torres and here's your fox weather wednesday forecast we have rain in the mix from west to east with a chance of severe thunderstorms working their way out of the ohio river valley into the northeast and

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>> gillian: ukraine's counteroffensive has claimed with territory of early days of the invasion and we are looking at what life is like in some of those liberated communities. correspondent jeff paul's reporting tonight, good evening, jeff. >> ukraine separatist regions announce they are holding a referendum on whether or not to join russia, both u.s. and ukrainian officials called it a sham as volodymyr zelenskyy vows to keep fighting until all of ukraine is free. but as more territory as liberated as we witnessed firsthand, the replica recovery effort will be difficult and painful.

they rolled into the region promising liberation, instead like so many talented villages their boots have touched in ukraine, russian forces left in ruins. >> what have they done? they save me from everything that my parents and i had earned for years. >> growing up going up here in the house her parents built with their sweat and tears. >> it is difficult to walk and look every day at the place where you lived all your life and today you have nothing. it is very difficult. very. it is difficult and painful. >> six months ago this was the front line of the war and you can see how much has changed. this was just one family at home here and i guess it was left over from a stride of russian forces, the roof is gone. this was a place where families

need memories and brought other family members and now it is going to take a very long time for this community to heal. nadia whose name means hope in ukrainian can only hang onto that as she prays for the war's end. a home she says can be rebuilt, but her wounds are much deeper. >> the soul can effect, it is possible to mold those sole indio, there is nothing you can do about it. >> it could take months if not longer for many of these newly liberated towns and villages to get power and running water back until then they have to rely on the kindness of their neighbors and volunteers who are risking their lives to help, gillian. >> gillian: the hurricane slammed and as a category three storm, and u.s. officials say the storm has killed four people. there hurricane center says that it is likely to strengthen into a category four as it approaches bermuda this friday.

the federal reserve is expecting high interest rates another 75 basis points this wednesday on an effort to combat historic record inflation, fed chair jerome powell is signaling more aggressive rates over the months ahead. and coming up, the ever generous restaurant grower leaves the server a very big tip with $1,000 will need to take it back leaving the restaurant on the hook. it sounds like the perfect case for night court where you get to be the jury coming up next. ♪ ♪ because my eyes don't shy from the light. my head doesn't pound. and my stomach isn't nauseous. it's time for migraine prevention delivered differently, through an iv infusion. it's time for vyepti - a preventive treatment for migraine in adults. vyepti is designed to start working fast, and to last with a 30-minute iv infusion, 4 times a year delivering 100% of the medication directly into your bloodstream. the power of a vyepti infusion

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♪ ♪ >> gillian: first up into nights real news roundup, the montana health department will follow the ruling in temporary allowed transgender people to change a gender listed on their birth certificates. the judge ordered the department to stop enforcing the law that blocked any changes unless people had undergone surgery. >> i would love to see nikki haley, liz cheney. >> nikki haley the chameleon. >> i want to be careful about critiquing her. >> there are some of us that can be chameleons and decide not to embrace ethnicity. >> gillian: "to the view" cohost after she called nikki haley a chameleon for not going by her first name. questioning the choice to go by

nikki since childhood responding on twitter "thanks for your concern it is racist for you to judge my name it is an indian name on my birth certificate, i am proud of that. what a sad is the less hypocrisy towards conservative minorities. by the way, last i checked, that is not your birth name." in this the city of denver will give up to $1,000 per month over the last year to 100 for the homeless city residents. a part of the two million-dollar pilot program that the city is launching to help women and transgender transgender and gender nonconforming people. the funds for that program come out of president biden signature legislation the american rescue plan. disney world has lost its magic according to a new survey, majority of respondents in a survey from time to play say that disney vacationing is too expensive for them and their family. about 92% saying it is completely out of reach.

wow. it is time now for night court, take a look at this. a customer who left a $3,000 tip is facing a lawsuit from a scranton, pennsylvania, restaurant which by the way was famous by the office if you recognize the name alfredo's pizza cafe, they are now suing that patron eric smith who left and they retracted that huge tip, the restaurant says that he left them on the hook to reimburse the server. telling alberto's to sue him and saying once they taken to court they will get the $3,000 back. "night court" is in session and you are the jury, let's bring in robert teal with a trial and family and law attorney lexi rigdon. lexi, let's start with you. take a listen to zachary jacobson, the manager at alfredo's. >> it is definitely disappointing right now coming in out? thinking that some of 70 is actually going to come in here and do good and then now all of a sudden here we are.

he is not a man of his word at the end of the day. >> gillian: what do you think? >> this actually reminds me of a plot line on "the office" because michael scott for those super fans actually adopted a classroom of kids and said he was going to pay their tuition and then ultimately could not afford to do it. so for the customer, which is not necessarily the easy cited argument, but for the customer, for the restaurant i say, here's my tip, if it seems too good to be true, it probably is. at some point the restaurant had an obligation to actually look into this and make sure that it was actually accurate. this is such a big tip that the local news actually covered it. this restaurant has been in business for a long time and they know this is not the norm. so at what point this would have tripped their senses where they say this is a really big tip? what they have charged him $10,000 tip to his credit card and cross our fingers and hope that it actually went through?

so i think that that is something that i want to know what type of due diligence they did. and also know on behalf of the customer, was he having a six pack or two with his stromboli? what mental state was the end when he actually gave this tip? and the other thing to know is that they actually followed up with this guy on facebook only after he declined the charges. and the fact that they even found him, his name is eric smith. the fact that they were able to find him is bearing the headline and it of itself. summoning needs to work for the fbi that is at that restaurant. >> gillian: to look at this from "the new york post," they say while initially skeptical given the generous sum of money, staffers were static after the credit card payment went through on their machine. so it did -- the payment, the transaction was completed as far

as they knew. >> yeah, that's what people get for having hope and believing there are still good people in this world. we have to just assume that everyone is a horrible and terrible human being and this is an example of that. this is an example of charge-back fraud or financial fraud in many cases where the individual they dispute a charge that they willfully made on their credit card, they rode in the tip. it's not as if there was an error by the restaurant charging him the $3,000, he wrote it in and then he wrote in the second number including the $13.62 that he paid for the pizza and then signed a piece of paper. it's an agreement he made and then to go back, i don't know if he was in impaired's date, but the reason was, now that restaurant is on the hook for that, because it's a legally binding, that's why you have to sign it. and now they put the restaurant on the hook for handling his debt and the only recourse that the restaurant has is to sue him civilly and i don't see a compelling argument he will have

to not pay back this money plus legal fees going forward. >> gillian: is what you write down on the bill legally bin binding? >> well, what we don't know is what his intent was to take everyone back to first-year contracts and law school, nobody was there, right? so we don't know if we said this tip is for and i want you to use this money for good and then he reads in the paper after the place does some press and she says i'm going to pay my bills and go on vacation, we don't know if that's what he said. you know what, forget it, this was not the intent of the tip, this was a conditional gift, so nobody was there and it's ultimately going to be his word against hers here. >> gillian: quick last word to you here, how is this case going to go? >> though restaurant is going to win. if you want to conditions on the tip, he could have written it on the back of the receipt and

maida contract in writing saying that it has to be spent, and had a third party witness, he did not do it and he has on the hook for the money. >> gillian: robert, lexi, thank you for staying up with us. we appreciate it. and thanks to everybody for staying up with us as well. good night from washington. i am gillian turner. ♪ ♪ starts to relieve 9 of your worst cold and flu symptoms, to help take you from 9 to none. for max strength nighttime relief, nyquil severe: ♪ from nine to nine for max strength, nightime relief, nyquil, severe, nighttime, sniffling, sneezing, coughing, sore throat, best sleep with cold medicine. >> each year, americans waste piles of money by overpaying on car and home insurance. so i went to thezebra.com. the zebra shows you which time providers can actually save you money. you can save as much as nineevei hundred dollars.n an >> that's worth twythingo it ta >> that's worth twythingo it ta car payments and morkes >> compare for free at thezebra.com now where thezebra.com now where a different kind of dentistrto one who believes in doin trea anything it takes to make dentistry work fortm your life.c

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