[applause] i thought you were on tomorrow. >> that's what i told you right before we went on. >> greg: i thought he was on. i swear to god you are on our board. thanks to our studio audience! good night! [applause] >> hello and welcome to "fox news @ night." i'm trace gallagher in washington. breaking tonight, federal investigators deciding whether to charge hunter biden with various tax violations and making false statements. the question now, could this lead back to the laptop and other issues of the biden family would rather not go public. john yoo joins us live to offer his expert insight.

after being jolted in saudi arabia, president biden might tip it towards authoritarian venezuela in an effort to bring down soaring gas prices. peter doocy has the latest on that and new fallout from the president's big move on marijuana possession. staggering findings out of illinois reveal just how much the land of lincoln is failing its students. "fox news @ night" investigates. former secretary of education bill bennett is into way in. 11 pro-life activists with felonies for blocking access to abortion clinics. what action has the doj taken in response to the vandalism of pro-life pregnancy centers. we'll have the answers coming up. why conservatives are accusing the doj of having two standards of justice. but we begin tonight with new legal trouble for hunter biden and why top republicans are saying it is just the t tip of e

iceberg. he joins us live tonight. good evening. >> two sources tell us federal agents have gathered enough evidence to bring multiple criminal charges against the president's sudden. a trump appointee need to decide whether or not to press charges. "the washington post" that republicans on capitol hill tweeting that this is just the tip of the iceberg. hunter and the biden family paddled access to enrich themselves. even worse, we know that joe was involved in selling u.s. natural gas to china. we will keep pushing for accountability. this story coming weeks before the midterm elections. republicans projected to win control of the house. hearings will likely follow. when asked for comment, hunter biden's attorney appeared to accuse the fbi of orchestrating the leak. "it's a federal felony to leak

information at a grand jury investigation such as this one. we expect the department of justice will prosecute such bad actors. just last night on your show, we heard from an fbi agent who blasted chris wray that his handling of the hunter biden investigation. >> i worked on much more complicated matters in a fraction of the time. chris wray is out there speaking about what's happening with crime. question the director with what's happening with this hunter biden case. this needs to be resolved in the public needs to know what's happening. >> the only one coming under fire recalling that 30 republican senators demanding president biden's attorney general merrick garland the lead investigator special powers because of the potential political backlash into this investigation of a sitting president's son. >> was almost like john iannarelli gave us a peek into the future. great to see you.

thank you. where exactly do we go from here and the hunter biden probe? let's bring in john yoo. it's great to see you. perfect man to have in this scenario. this is highly concerning for not only hunter biden but the biden family because it focuses on overseas dealings and whether he reported all of his foreign transactions, deals with china, what do you make of this? >> it's great to be with you. i think you can think of it this way. remember h how the fbi eventualy got al capone and al capone was making a lot of money running rackets for here the mob in chicago, but the department got them for tax evasion that's what's really going on here. i think, tax evasion is opening the door to what's really going on behind the scenes. why isn't hunter biden reporting money from abroad? these deals might not be fully legitimate. why would hunter biden be hired

by burisma to be on the board when he had no oil and gas experience but what were his ties to these companies run by the chinese communist party? that's what this tax avoidance investigation opens the door to. >> trace: what i wonder is where does this lead. how about the emails, the other records related to business deals that could be found on the laptop. it really is this electronic pandora's box. >> is the actually reporting the taxes, the justice department and the fbi, if they are doing their jobs needs to have a global look at everything that hunter biden is doing financially. all these intertwined deals. especially if they are coming from abroad. if an american company started giving out money and doing deals with the kids of foreign leaders, we might investigate that company for corruption.

>> trace: it's interesting because i watch this and there's not a lot of coverage of this. but the whole concept of this is the fbi, when the doj get involved and the press charges against hunter biden, the media has to pay attention to this. they can no longer ignore it. they can't write this off as russian disinformation and that's when it gets interesting from a legal perspective because his lawyers are going to sound the alarm on this. >> that's right. politics has its own standard of truth if that's what you want to call it in the political realm. but when the law takes over, we are going to put a state like this before a jury of people and the government's job is to put the facts out so the public can see them and jury can see them to see if hunter biden can win it or not. not what people say out in the press where it can't be put under oath. but what's good in a courtroom.

>> this is from hunter biden's former business partner and it kind of plays but it's also james comer, the representative from kentucky because this really plays into what we are talking about and i'll get your response on the other side. >> i spent five plus hours sitting in a room at one point as much as six federal agents walking through all the facts of my knowledge of the biden family. >> i can tell you this, we've been probing hunter biden for many months as you know. and everything said about hunter biden, we have fact-checked and found to be true. >> here's the interesting thing. timothy tebo, the fbi agent who resigned after accused of suppressing hunter biden evidence. his lawyer comes out and says our client wasn't in the office that day, not involved in the interview, never spoken to mr. by mr. did not suppress any

information. now you have people suddenly standing their ground. they are making their position because they know that this thing is on. your final thoughts. >> the concern here is none of the fbi ground level agents will look like they are doing a good job with middle-management, it sounds like he wanted people to slow walk or bury this investigation. this is a good case to have put before special counsel before robert mueller was reported special counsel so they can be political interference anymore with this kind of investigation. >> trace: john yoo, great insight. we appreciate it. >> my pleasure. good to be with you. >> trace: with gas prices rising with a week less than the midterms, the biden administration looking into potential sanctions and oil swap with the authoritarian regime in venezuela. here is white house correspondent peter doocy. >> the supply chain is going to

start here and in my care in the united states. i'm not joking. >> that might work for microchips. admits surprise at production cuts. >> you did not think there would be this big of a cut. >> i did not. i did not walk away with that understanding. but that's two weeks ago. >> the president is considering the venezuelans who swapped six civilians in their custody. two in the u.s. >> there is a lot of alternatives but we haven't made up our mind. >> venezuela's regime must iron out details for a fair 2024 election in venezuela for a deal to work according to "the wall street journal." otherwise the national security council tells fox there is no chance to change our sanctions policy without constructive steps from the regime. seeing as a way to minimize the impact of energy sanctions on

russia and now a biden-putin meeting may materialize next month. biden officials see another way to keep prices low. critics complain that's not what the spr is for. >> we may put a stop to this practice of using the strategic petroleum reserve as the primary petroleum reserves. >> no second thoughts about visiting saudi arabia although he's rethinking the relat relationship. >> [indistinct question] >> it's not essential for oil. it is a disappointment. >> warn of many problems apparently as president biden told democratic donors at a private fund-raiser in new jersey tonight that he thinks democrats are running uphill this midterm cycle. at the white house, peter doocy. fox news. >> trace: new reports tonight

about the state of education in illinois and call it troubling would be a big understatement. matt finn has spent a great deal of time covering issues in chicago and digging into the details tonight. good evening. >> good evening, trace. that new report on illinois schools reveals a shockingly student performance numbers that "the wall street journal" editorial board left them speechless. showing in 2019 only 36% of illinois students could read at their grade level. that number dropped to 27% for hispanic students and 22% for black students. chicago's public schools, which is made up of 330,000 kids, only a quarter of the district students are able to read or do math at their grade level. "the wall street journal" editorial board writing in part "the extent to which that performance is betraying a generation of schoolchildren is hard to put into words.

third grade children are eight years old full of potential with minds like sponges to absorb what they are taught. come from pre-covid era in 2019. says the blame should be placed on the monopoly of power held by teachers unions. the chicago teachers union walked out four times in the last seven years but we covered that here on fox news. each time they came back with higher salaries. the wire points positive report says illinois has spent $16,000 students per year, that's the eighth highest state per spending in the united states. >> trace: matt finn line for us in the west coast. thank you. a new report is exposing massive deficiencies. a snapshot of the problems facing students and educators throughout the country in the wake of the pandemic. let's bring in former secretary of education and fox news contributor bill bennett to talk

about this shocking report card from the land of lincoln and the larger issues at hand. always great to see you. i'd like to begin, if i could, with this "wall street journal" piece with the sub headline, the land of lincoln is failing his children and covering up. statewide in 201936% of all third-grade students could read at grade level. that is an f and that's the good news. the number drops to 37% for hispanic students and 32% for black students statewide. certain public school systems numbers plummet to single di digits. 2% of black third-graders are reading at th third grade level. we are often speechless but the extent which that performance is betraying a generation of schoolchildren is hard to put into words. it's not just awful. it's embarrassed saying and it should not be tolerated. your thoughts.

>> absolutely. i think i can put it in words. this was pre-pandemic. if anything, it's likely that those scores went down during the pandemic. that's been pretty much the case for every score we've gotten in since the pandemic. as bad as this was, it probably got worse. let me just say something about reading to cut through it. if you can't read by the third grade, and most of these kids cannot read proficiently, your life chances are dramatically diminished. your life chances of making a good income, of being succ successful, living at an old age, they are all diminished. reading it, history, literature, it's the key to math and science. reading is the fundamental is issue. i used to say when i was secretary of education, give me

the first three years were reading, learning how to count, learning how to read. forget everything else. that is failure. failure before the pandemic, things only got worse because of it. >> trace: here is a national assessment of educational progress. i want to put this up if i can. it shows the math between '20-'22. reading is down five points. here's what secretary cardona said when he is shown these, quoting here today's data confirm the significant impact that the prior mismanagement has had in our children's progress and academic well-being. president biden fought for the american rescue plan which included 130 billion so schools could stay open and students could get the academic and mental health support they need. our top priority remains to make sure state schools and districts are using these funds on

strategies we know work, like well resourced schools. it's kind of interesting that the initial reaction is to blame the previous administration when we saw with the teachers unions across the country did the schools across the pandemic. >> what was the famous line during the mccarthy hearings? do you have no shame? what was allowed as a voice we heard during the pandemic about keeping the schools closed? it was the plea that the schools be absolutely safe and the children be protected from each other. the children were not in danger i'm a we know that now. many suspect the get then. but i said in april, april 2020, whatever damage is being done or might be done by the pandemic, which i think it's minimal, it'll be nothing compared to

academic loss, social, confidence, emotional loss, estrangement, mental illness, drug use. >> trace: people forget and i want to remind them that you are the first drugs are and you always believe there is a collection. there is a connection that's a vastly overlooked. >> t the -- i know the president has pardoned all these people in federal prison theoretically for possession of marijuana where they played down or there was another issue and they went in on that charge. nobody goes to federal prison just for smoking dope. but if you didn't smoke dope and you are young and you do it a lot, the two things that hurts the most? focus and attention. you need focus and attention while you're in school? i would think so. there is a very important connection there as research out, just out, and i'll send it

so i have it may be for another occasion showing by groups, by ethnic groups, who succeeded and who did it during the pandemic correlating that the drug use. asian students did not use drugs. rich middle class and even poor. we were at the top. the rest of the news is pretty bad for everybody else who was using drugs mother scores went down. there is a connection. these are the minds of children. it's not just the schools. >> great to have you on. thank you. >> thank you, trace. congratulations on the show. >> trace: despite federal efforts to crack down the new generations of flavored e-cigarette that appealed to under age users, more than 2.5 million middle and high school students vaped. that's according to a tobacco survey, the percentage using nicotine delivering devices at least once a month increase over last year, above high school and

middle school students as we approach the following holiday season and a group republican senators including dr. roger marshall of kansas released a public service announcement thursday warning parents about the dangers of illicit fentanyl. the warning comes as drug cartels are targeting america's youth in the form of pills that look like candy and powder. it looks like sidewalk chalk. 11 pro-life activists with violating federal law, accusing tat least 17 incidents of vandalism and arson targeting pro-life facilities and there have been zero arrests. ashley strohmier life for us in new york taking a closer look at this. good evening. >> the doj is accusing the 11 people of physically preventing employees and at least one patient from going into the building back in march.

seven of those protesters all ranging in age from 24-73 were charged with conspiracy against rights secured by the face act and they also phase of 11 years in prison and fines up to $250,000 yet there's not been a single arrest made against the radical group jane's revenge. the group claim responsibility for at least 18 attacks on crisis pregnancy centers and other faith-based organizations. the fbi told fox news back in june it launched an investigation into the vandalism but made no mention of james' revenge specifically. since the leak there's been 72 attacks on pregnancy centers and pro-life groups and 83 attacks on catholic churches. was attacked back in june and says pro-lifer are being attacked. >> we are facing actually immoral hurricane in our country. the fbi has gone from advocating their duty to rank equal justice

under the law to pro-life people like us to downright attacking us. >> the first attacks claimed responsibility was may 8th in madison, wisconsin, which was firebombed and graffiti saying if abortions aren't safe, neither are you. please consider this an active case and there's been no arrest. >> trace: ashley strohmier life for us in new york. coming up, have you heard about the video obtained by cbs which appears to show navy seal recruits being tear gassed and forced to sing happy birthday so they couldn't hold their breath? some believe the images are shocking. others say the video is not out of the ordinary. retired navy seal commander david sears joins us live to talk about that. later, the mystery of who stole the food from the delivery driver. we have solved it! on "fox news @ night." it was a dastardly furry culprit caught on tape.

stick around for the day's best viral videos are around.

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>> trace: first up, in tonight's crime crisis round up a shooting in washington, d.c., 1 mile from capitol hill not too far where i sit from now, suspect shot four men. one of them in critical condition tonight. police now asking for help. finding this car, this white kia sedan with a new york tag. if you have info give d.c. police a call. in las vegas police arrested one man who went on a stabbing spree on the vegas trip killing two people injuring six more. three of those victims in critical condition. police do not yet know why the suspect attacked so many people with a large kitchen knife. and yet another disturbing

carjacking in philadelphia when four menus two rifles and two handguns to rob a man of his car while it was parked in the gas station where the suspects parked in front of him and attacked when the victim came back to his car after leaving the store. it is bazaar discovery on oregon's beach is at hand grenades washing up there. the label also calls them hand grenade simulators. police say you do not your chances and call them if you find them. >> ♪ happy birthday to you ♪ >> troops being covered with tear gassed being forced to sing "happy birthday" so they can't hold their breath. >> the programming triggered an investigation tonight. what are the training methods brutal or necessary? let's bring in retired navy seal

commander david sears. thank you for coming on but we appreciate it. i know you've seen this tear gas video i want to play this clip from the "cbs news" report and get your opinion on the other side. watch. >> the admiral in charge of navy seals saw this video, he ordered an investigation telling "cbs news" it raises questions about the lawfulness of the behavior. exposure to teargas is a standard part of training but the investigation is examining whether the gas administered to closer range and too long. >> trace: was unusually harsh in your opinion, dave? >> it's tough to tell from the snippet of the video but it doesn't look unusually harsh to me. seals are the only one who use trainteargas in their training t most law enforcement agencies do

including federal state and local to acclimate to it. could they impress the bounds clutch my possibly. is it where the investigation? sure. i don't think it's anything, criminal behavior, or shocking to me at all. >> trace: it's interesting. this is the training it. this is phase one, it's called hell week, and you train for 21 hours plus per day. phase two is seven we combat diving phase. seven leak warfare training on the field and i lay that out only because this year february 824 year old kyle mullen, former captain of the yale football team, died following the hell week process of the training and he was found with steroids in his system. i wonder if you believe the new recruits think they need to take steroids or performance-enhancing drugs to get through all of this tra training.

>> i'm not sure what's going on here a and i know they are doing an investigation into it. if you do, really, the secret behind seal training is it's not physical. it's all mental. if you think you are going to take performance-enhancing drugs and it's weakening your physical part and your ability to have stamina and go over time, as far as i know it's a very small number and they are going to quickly discover that those guys aren't guys making it through the training because it is about mental. it's not about the physical. >> trace: there is some other opinions out there people saying that in the daily mail the headline, one said quoting, "if our instructors have to censor themselves and what they do then they might not be willing to push recruits and that something that can get our young men and women killed." is it one of those things where you believe, you went through this. do you need to push them to know

what it's going to be like in a real combat situation, or a real life situation. >> you absolutely have to. you have to push up to the edge and what we are trying to is that edge to experience, there's a lot of standings and revelations playing behind the scenes all the time and while it may look out of control, it's very much in control, very standardized. it is live training, is very high risk training, so it's going to incur some, you know, problems that are going to happen at times. you do investigations, you pull back and locate where you fall on this. people make mistakes. those edges aren't too clear. >> i wanted to get your opinion on some of the breaking news because another military strike happened in syria, killed one of the top five ices leaders. i want to get your take. first we want the reporting from

jennifer griffin or jennifer? >> we just learned of another u.s. military strike in syria tonight. the second in 24 hours. 6:24 local syria time, local forces conducted an air strike in northern syria killing one of the top five ices leaders and another responsible for prisoners. this is separate from the rate overnight. it involved helicopters in northeast syria along the turkish border and syrian controlled territory. the target, and ices official known to facilitate the sale smuggling of weapons. no were injured, civilians were killed according to centcom adding the u.s. military used intelligence collection before

striking. >> trace: jennifer griffin is live. we focus so much on ukraine and russia and other conflicts but we forget the war and terror is very much underway. >> yes. absolutely it is. it's not just the war on terror. small conflicts happening all the time throughout africa, throughout south america, throughout the middle east. this is why the training is to push itself. these operations are still going on. that's a good thing we are still taking it to them and they'll continue to go on. we need to do all these things at once and we need the people trained in the right way to do it and sitting behind a video game isn't going cut it. >> trace: thank you for your time. we appreciate it. >> thanks, trace. >> trace: the u.s. stocking up on radiation sickness drugs weeks after vladimir putin threatened to use nuclear weapons against the west.

hhs officials believe there are $290 million deal was part of an ongoing work and has not been accelerated by escalating rhetoric by the russian president. former special assistant george w. bush michael allen told me earlier that it is "increasingly likely that biden will putin will use a nuclear weapon on ukraine." >> if he thinks he can use nuclear weapons and achieve some battlefield success, he may use them especially if he things the united states or nato don't have the resolves to punish them for that. >> breaking tonight, a democratic fund-raiser in new york is the world is as close to armageddon now as it has been since the cuban missile crisis 60 years ago. time for today's best viral videos up next. remember this video we've been showing you all week on fox news at night? the los angeles rams tackler

bobby wegner tackling an animal rights activist be a police report filed by the guy who was tackled. does he really have an assault complaint? we will let the lawyers hash it out in just a bit. . but it is now time for us to work even harder, searching for meaningful experiences and new adventures for you to embark upon. they say when you reach the top, there's only one way to go. we say, that way is onwards. viking. exploring the world in comfort. do you take aspirin? plain aspirin could be hurting your stomach. vazalore 325 liquid-filled aspirin capsule is clinically shown in a 7 day study to cause fewer ulcers than immediate release aspirin. vazalore is designed to help protect...

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>> trace: first up, in tonight viral videos, don't -- now viral, has been identified as a director of operations that have been building restoration service. he says he perform the stunt only because he was inspecting a section of scaffolding that has been removed before the building inspector arrived. he said it began to rain so he bolted before it got too slippery which makes no sense at all. next up, don't try this at home either be a public marriage proposal or may be a stunt at a recent major league baseball game. a man gets on bended knee.

he pulled out a candy ring pop. subsequently he got slapped by his girlfriend. there is debate whether or not this was staged. but the slap was will smith certain. now in ode to cheetos. the statue's purpose is to celebrate the orange dust that always gets on your fingers. frito-lay has embraced that... get it? moving on. it's confirmed. everyone loves in and out burgers, humans and camels al alike. escorting his camel through the drive-thru in vegas this week. the man calls the camel fergie and fergie loves her some french fries but coincidentally, i like my in and out fries animal style. delivery driver knocked on the door with an order and watch as the food bag falls out.

right? pulls out and a snake dog checks it out, grabbed it, runs off. the perplexed driver had no idea the dog was the culprit and the couple who ordered the food we didn't figure it out until two days later until lo and behold they saw the video. if you have a viral video to share, hit me up. hit me up. trace gallagher, or "fox news @ night" on social media. governor ron desantis is applauding the large-scale correspondent nate foy gives us a first-hand account of one such mission tonight from fort myers. >> good evening. search and rescue missions continue right now specifically on fort myers beach which is down behind me over in the matanzas pass bridge grid that is ground zero of the hurricane

aftermath. debris is everywhere and this is the norm. i want to show you what we did today. take a look at this video but we were embedded with florida task force, two rescue crews but what they did is they took the boats out and they are patrolled the waters around fort myers beach looking for any survivors and debris that was moved with the storm surge. they were also looking for bodies. we found one man who was very much alive, his house still standing. he plans on staying in fort myers beach until it's back to normal or close to normal as it can be. >> came from 6 inches coming in the house. downstairs, it's gone. this year where my lumber is sitting was the house over there called lazy days. i actually saved his little plaque from the side of the building. >> where he normally states and has a cocktail at the end of the day...

vehicle all in all we are going to be okay. there's a lot of people it passed and there's a lot of people who lost everything. >> unbelievable spirit this man has very good news for the people of pine island. take a look. after three days of construction, the state in lee county working together, they have a functional bridge between the island. residents who refuse to evacuate can now come and go on and off the island as they please. more positive news to report. under 200,000 people in florida are still without power. well over 2 million have had their power restored. we'll send it back to you. >> continuing hayes find work. thank you. up next, the monday night football tackled by one of the greatest linebackers in the nfl. bobby wegner potentially facing a bit of legal trouble tonight.

>> trace: eli manning having fun in their commentary with bobby wegner, registered on a fan who invaded with a smoke bomb.

police report for leveling him. to debate the big question here, is it legal? bring in civil rights attorney robert pattillo and washington time legal affairs alec sawyer and i think the whole concept here is there is a couple of different sides here. it's not a strong case but i want to play what bobby wegner said and i'll get your thoughts. >> it's behind me. can't really focus on it. i'm more concerned about the security guard that was hers trying to tase him and the people that was... we don't know what that is. you just got to do what he's got to do. >> do you think he's in any trouble at all here? >> people have to remember that because this is a sporting event they do not give you free reign. when someone invades the work space, may have a nice

thing about monica salas, this tennis player who stabbed the security guard who was injured, the individual, however may be facing criminal charges. >> the supporters of the animal rights activists call this, a blatant assault. it seems out of reach? what do you think? >> i thought it was more of a push than a tackle. but it was still unwanted touching. i do think that wagner has defenses. the first of them and doesn't trump property rights. shouldn't be in the field in the first place. it's one thing to protest outside the stadium. very different on the field. you can also say he's acting in self-defense. one of the other quotes i saw from him is he was talking about what could be in someone's pockets. you never know. >> he is complaining because smoke burned him. the constitutional professors at

the following year, the protester was burned presumably by his own flair. in my view, wagner and mckinley had the right to tackle the protester. engage in a minimum a criminal misdemeanor, allowed for citizen's arrest as members of the public respond to the hue and cry of others. i'm wondering if you think that maybe the rams are alike, we aren't going to fight this in court. settle with the guy, give them some money, we'll get out with this. >> very often that's what they do. gives money to go away. it could be a problem that happens over and over again. i did see reports that this has been a theme in protest of a trial ongoing that i think there is a group that stole piglets from a farm. this could encourage more. >> trace: they stole piglets were a couple of times and for clarity they did this before as alex was saying at a minnesota timberwolves game. >> in that game, i think the

individual handcuffed them, and you settle cases and you make a financial benefit in doing it, you'll see this at every sporting event going forward. i think the team will fight this by the tackle we saw from bobby wegner was better than anything that there is a night football had. he's doing his job. >> trace: not happy they lost that one. >> fantasy team. >> trace: we've only got a little bit of time, alex. he says, the rams are going to fight this. they could be a protected thing. why don't you just shuffle some money. >> i did think if they don't fight it it'll happen again. we talk about other instances. why not? in terms of the actual police complaint that was filed, i'd be surprised if any police acted on that comment one. two, do not see a prosecutor doing anything with wagner in

that sense. three people in a jury? they'd be fine. >> one, two, three. jonathan turley weighs the other way. that's the end of it. thank you for coming on, we appreciate it. that does it for us. i'm trace gallagher. good night from washington, fox news at night. we'll see you then. est technolo. when my last customer discovered a crack in his car's windshield, he scheduled at safelite.com. safelite makes it easy. we're the experts at replacing your glass... ...and recalibrating your advanced safety system. >> customer: and they recycled my old glass. fow r the experts that replacing sche your advanced safety system and they recycledule my old glas now that's a company i can trust, don't wait. scheduled for a day like me. >> pearcey flybe place. when a call comes on strong knock out with a big stake. knock out with a big stake. vesuvio just one dose starts to

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