i would say it sucks and not report on it. i'm going to read that, because it's a great idea. >> thank you. thank you. buy that book. if you don't, you're probably a homophobe. >> true! >> greg: thank you, julie banderas, will and kat timpf, i'm greg gutfeld. i love you, america! >> thank you, double-g, appreciate that. i'm kevin corke in washington in for trace gallagher. breaking tonight, the eighth circuit court of appeals temporarily blocking the white house's plan to cancel billions of dollars of student loan debt. it was sent back one day after a judge dismissed the suit brought by seven states following the debt forgiveness program. we'll have more othat story

coming up -- we'll have more on that story coming up. the president appeared hesitant to announce his run in 2024. does he still appear to be leaning that way? >> i've not made that final decision but it's my intention to run again. we have time to make that decision. >> kevin: in the meantime, the president is focused on issues that really matter to voters. coming into question tonight with a new monmouth university poll showing a staggering 63% of those surveyed saying they wish biden would get the memo and focus on what really matters. that story is just ahead.in tige claims made by mr. biden during his speech about the economy friday, claims that aren't quite standing up to scrutiny. lucas tomlinson has more. hey, l.t. >> reporter: president biden

took a shot from republicans. >> it's mega-maga trickle down. mega-maga trickle down. the kinds of policies that failed country before and will fail it again. >> reporter: the university of pennsylvania says it could cost more than $1 trillion over the next decade to forgive student loans. >> this record deficit reduction includes the cost of my student loan plan and everything else we're paying for. the deficit is down $1.4 trillion this year. >> reporter: the committee for responsible federal budget says 100% of the decline is due to the end of covid relief for many americans. the president approved nearly $5 trillion in new borrowing. overall debt is $31 trillion. speaking of student debt relief, biden spiking the football after he landed in delaware after a pair of court victories in his favor.

>> just yesterday, state court and the supreme court said now we're on biden's side. >> reporter: but tonight, a federal appeals court in st. louis said not so fast and blocked the president's plan to bail out student debt until they make a final decision. the white house wasting little time putting out a statement saying it will proceed with its plans and encourage students to keep applying for debt relief. the website is still up and running. the relief was supposed to begin as soon as sunday. the white house saying o "we'll continue to move full speed ahead with our preparations and compliance in this order. the biden administration will block republican officials suing to help struggling families." questions now, kevin, whether this will be resolved before new year's day when the payments on federal student loans are expected to restart that's been paused for years during the pandemic which the president says is now over. kevin, i don't need to remind our viewers, this was before prices on everything from gas

to groceries went sky rocketing. >> kevin: they can always extend again if they need to as this works its way through the court. l.t., thank you very much. a pair of california's major metropolitan liberal enclaves in uproar tonight over alleged remarks made by san francisco's mayor and the continuing fallout from the scandal rocking los angeles' city council. correspondent matt responding for us from the southland tonight. >> reporter: san francisco's democratic mayor london breed expressed her frustration for immigrant families living in san francisco's downtown tenderloin neighborhood asking why drug dealers are getting more rights than law-abiding families. the mayor went on to pinpoint hondurans saying, there are unfortunately a lot of people that come from a particular country who come from honduras and a lot of people who are dealing drugs happen to be of that ethnicity. the mayor's comments sparking backlash especially among the

latin community which accused -- accused breed of being xenophobic and racist. the mayor issued an apology saying i want to apologize to the latino community on what i said and how i said it. i failed to accurately and comprehensively discuss what has been a complex situation in our city and in central america. the president of san francisco's hispanic chamber of commerce says he accepts breed's apology because he knows she meant well. here in los angeles, two democratic l.a. city councilmembers embroiled in a scandal are refusing to resign. shocking leaked audio reveals kevin deleone and gill zedillo participated in a conversation last year with former l.a. city council president mary martinez in which a series of racial slurs were used against blacks, latinos, asians and a gay council member. >> i feel like the hearts of

the community that we trust you, i feel devastated. >> martinez resigned. deleone and zedillo haven't stepped down. in a townhall, one of deleone's fellow councilmembers called for him to step aside. >> the letter i put out that i can't leave because my district needs me, this was a person who was ready to leave if his mayoral race went anywhere , he'd be leaving in sedecindecember. so pretend you won the race. >> kevin: thank you, matt. appreciate that. first up in tonight's crime crisis round-up. in chicago, an ambulance crew coming under gunfire while they were on a call. actually on their way to one when this actually happened back in september. they heard shots nearby. then a car with two guys leaning out of the window passed them and fired five shots in the ambulance's

direction. paramedics say they saw a man fall. they thought he was hit. they rushed over. turned out he only fell off his bike to avoid the bullets. no injuries reported. scary scene. phoenix next where a gun-wielding gunman -- i guess that makes sense -- was ranting at folks outside of a convenience store. yelling is one thing, as you know, but when you start wagging a pistol around, well, things could get interesting pretty quickly. speaking of getting interesting, take a look at what happened next. >> back out. back out. back out. >> back out. >> [bleep]. back out. >> get out. he's got a gun. >> guy pulls up to the store thinking he's going to get chips. he pulls out a gun. the guy took off. with the help of a k-9, he was caught soon afterwards. northern was hurt. a scary -- no one was hurt. a scary time in the valley. police announcing tonight they've arrested two men connected with a group assault

on a woman on a d.c. bus. the woman asked the group to stop cursing. that's when things escalated. she was eventually pushed off the bus. two of the arrested men are part of a group of eight assailants including juveniles including to d.c.'s metro service. in the city of brotherly love, not so much. in philadelphia, two separate sexual assaults of teen girls just a day apart. in both instances, the victim was just getting off the subway and heading to school. here is one of the suspects caught on camera. police are asking for the public's help in identifying the perpetrator. sad times there all around. the midterms little over a couple of weeks away now. in the election spotlight tonight, philadelphia's progressive d.a. addressing efforts to impeach him over the city's record crime problem. it's an issue that's become a key talking point to save lives in the hotly contested pennsylvania senate race. brian llenas has that story for us tonight from philly.

>> reporter: john fetterman wants to release convicted murderers from prison. >> public safety is why i ran for office. >> reporter: the pennsylvania senate race could come down to one issue... crime. according to philadelphia's district attorney, larry krasner, durrant bipartisan effort to impeach him in the state house, has nothing to do with his progressive policies and everything to do with republican efforts to elect dr. memmet o dis. >> this committee only wants to look at philadelphia. doesn't want to look at the other counties. in pennsylvania, we're just looking at philly right now in a super heated election cycle. >> reporter: republicans insist it has everything to do with krasner since he was elected d.a. in 2017. the city's murder rate is up 78% while retail thefts, armed robbery, commercial burglary, property and violent crime all continue to surge. no wonder where dr. o dis, campaign is reminding voters today his opponent, demlieutenant governor -- democrat lieutenant governor

john endorsed krasner. krasner's new conviction integrity unit was said to be groundbreaking. that integrity unit helped to exson raitt -- exson raitt -- new evidence was found that he was "likely innocent on "tonight, harris is suspected of shooting 50-year-old charles gasset in the back of the head last month. >> they have no consideration for the victims. this system right here proves this doesn't work. this does not work. they need a program for the victims of people like jamir harris. >> reporter: harris turned himself in today. as for his 2012 murder exoneration, the judge involved in that decision last year was highly critical of how krasner's office handled the case and was skeptical about the investigation that led to his release. kevin? >> kevin: brian llenas for us. thank you. brian, appreciate that.

>> what we see here is the same, old playbook which is about coded and racist messaging. it's about blaming the biggest city in pennsylvania with the most ever population for having the same national struggle we have with gun violence everywhere. >> kevin: racist. krasner questioning g.o.p.'s focus on crime despite according to the latest fox news polling higher crime rates is among the top issues voters are either extremely or very concerned about. as the midterm elections near, let's continue the conversation about crime, inflation and the impact. i supposed both issues will have a big impact this upcoming election. david and jason chaifetz joining us now. jason, let me begin with you. you can try to run but you can't hide. crime is everywhere. just to share why i say that, listen to this -- and i'll get

your thoughts on the other side. >> we're going after the people that are doing these gun-related crimes. i mean, and that's what we're doing going after street gangs in this regard. >> street gangs aren't the reason people are getting shot in grocery stores and in parking lots and in schools. >> during covid we saw crime increase substantially all across the nation. i take that very seriously. >> they're responsible for the crime, the corruption and the chaos that exists today and it's got to change. >> we see the crime in the cities. how do all of these people get these unlawful guns? >> i think a very, very important part of the solution of reducing crime both in our schools and in our streets is making sure -- and it sounds crazy common sense -- but making sure we lock up violent criminals. >> referee: there you have it, j.c. crime. crime, crime, more crime. people are talking about it, because the fact is it seems to be everywhere. i don't think democrats could run from this as a story line. what do you say?

>> i don't think the numbers are everywhere to the height that they are in what happens to be democratic-run cities with these radical district attorneys who won't enforce the law. and you look at what is going on in new york and the success that. [indiscernible] is having in his campaign. point that out. look what the is going on in pennsylvania. the district attorney in philadelphia tries to claim it's racist but they're going after the district attorney. they want him to testify before the state legislature. he ignores those subpoenas. he thinks he's above the law. but you know what? if you want different results, you have to elect different people, because the policies they have in place in these big, major cities that happen to be run by democrats are failing us. every single metric is moving in the wrong direction. >> kevin: david, hard to argue with what jason just said and yet democrats, especially some of the leadership in some of the major cities say it's not specific to our town. it happens in red-run cities as well. >> well, it's probably true. it does happen in some red-run

cities but what we see now is the outcome of cutting down cash bail, reducing the supervision of parolees, the kinds of things that d.a. ran on. in terms of racism, kevin, get this, 83% of people in that fox news poll -- i looked at the cross tabs today -- 83% of people who earned less than $50,000 said that crime was a big concern for them, too. in philadelphia, that means a lot of people of color. that means a lot of black and hispanic fill delvians. are they racist? i really don't think so in fact, 77% of democrats in the national fox news poll said the same thing, that crime is one of their top concerns. >> kevin: very good analysis there. let me run this by you both. i'll get your reaction on the back side of this. sometimes we say when you've lost joe scarborough, you know you're in big trouble if you're a democrat. listen so what he had to say about crime. >> when you have woke d.a.'s in philadelphia basically saying they don't have a crime problem, um, when you have cops quitting left and right

in philadelphia because they don't feel like, you know, they're not going to risk their lives so they can arrest people who are going to be out on the street the next day -- progressives on crime in places like philadelphia and new york are so extraordinarily clueless. >> kevin: david. 20 seconds and then 20 seconds for you, jason. your reaction to hear joe scarborough basically echoing the concerns of millions of americans and there's -- as i said if you've lost joe, you've really lost the room. >> it's not just joe. i mean, if you've lost the idea that some of these cities are going to go in the right direction, the wrong direction based on racism, based on who the politicians are you've elected, some of the cities may very well be too far gone to help. you may find urban areas where in a sensible era, the federal government would step in and create law and order. it's apparent the local governments are incapable of doing it. >> jason, last word to you.

>> seattle, portland, los angeles, these big cities, chicago, all across -- there's a reason why the police force is leaving. they don't feel the community support from the elected leaders -- happen to be the democrats -- and they're not enforcing their laws. they change things. they put in the cashless bail. they started releasing cripples the same day they were apprehended. that's what has changed. democrats changed the policy. now someone has to clean up. that's why the democrats and the independents are surging over to the right and supporting republicans going into this election in november. >> kevin: should make for a couple of interesting weeks. thank you so much, david and jason. appreciate it. >> thank you. >> kevin: breaking tonight a small airplane crashed into a building in new hampshire killing an unknown number of persons on board. city of king says there were no injuries at the multi-family building that the aircraft crashed into and set ablaze. the crash occurring north of

dillon hopkins airport a little before 7:00 friday night. the f.a.a. says the plane i was single-engine beechcraft sierra. of course, as we get more information, we promise to pass that along. late this friday night, customs and border protection publicizing september's border numbers on their website. those numbers are staggering. there were more than 227,000 migrant encounters last month, the highest september total in dhs history and a massive increase over prior septembers. tonight's update means for fiscal year 2022 which as you know ended not long ago, well, it ended with greater than 2.3 million encounters, also a record, and that does not include cpv forces, tell fox news -- it doesn't include the 600,000 known getaways. that's amazing. what about those suspected terrorists trying to enter the country through our southern border? well, get this! 20 more arrests in september

brings the watch list arrest totals to 98 over the past 12 months. just staggering numbers all around. speaking of a couple of new video tonight, massive groups trying to cross our border overnight. a woman trying to smuggle migrants into the country while her two children were in her vehicle. bill melugin has the details from eagle pass, texas. >> reporter: exclusive images from the fox news thermal drone reveal a huge group of migrants crossing illegally in eagle pass, te texas. hundreds of them surrendering to the texas national guard, a scene that plays out multiple times a day every day. the migrants are mostly sing aldolt men from all over the world though the number of venezuelas crossing illegally plummeted following a new dhs policy to expel them. as a result of the new policy, el paso, texas, said it'll no

longer bus migrants to new york city or chicago citing a decrease in venezuelans crossing into their city. the federal government released 40,000 migrants into el paso over the past four months causing the city to spend millions of its own dollars to bus 14,000 migrants to other democrat-led cities. many of the migrants were venezuelans. >> the mayor stated he will no longer send buses here to new york due to the decompression strategy. i think the team responded to this crisis. >> hi, texas highway patrol. >> my baby strapped in. >> reporter: in the rio grande valley, an american mom with her baby in the call was caught smuggling several illegal immigrants in her vehicle. troopers popped the trunk and find another man crammed into a compartment underneath a stroller. the mom later told troopers she was trying to smuggle the illegal immigrants to san antonio. she was arrested and charged. we are now 21 days into the month of october and the

federal government still hasn't released the border numbers for the month of september. those numbers are expected to show we closed out fiscal year 2022 with well over 2.3 million migrant encounters, the highest number ever recorded. reporting in eagle pass, texas, bill melugin, fox news. >> kevin: new tonight, january 6th committee formally serving former president trump with a subpoena on friday, following through on their unanimous vote to do so last week. now, if the former president chooses to ignore it, the matter could eventually end up in the hands of the d.o.j. who would then decide whether or not to press charges. meanwhile, former trump strategist steve bannon has been sentenced to four months in prison for ignoring his congressional subpoena related to the attack on the capitol. the judge in the case is allowing bannon to hold off in reporting to prison until his appeal makes its way through the court. >> the judge laid out today a number of areas of appeal. i've got a great legal team.

my legal team is working the appeals right now. my sentencing is all pending the appeals process. we'll work through it. >> kevin: also tonight, lindsey graham has filed an emergency request with the supreme court in an effort to block a subpoena directing him to testify in a georgia investigation into alleges of post 2020 election interference. the south carolina senator is asking for a stay and/or an injunction against the lower court's order he testify before a special grand jury while his appeal plays out on the merits. coming up as we continue here on fox news @ night, a brazen thief caught on camera stealing this giant halloween decoration and we'll tell what you has this pup scared stiff. today's best spooky season viral videos coming up next. we love our pets. but we don't always love their hair. let's face it. pets are gonna shed.

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>> kevin: welcome back, everybody! first up in tonight's viral videos a special halloween edition start your weekend. take a look at this. a black bear sitting in a picnic table just like my brother. he chows down on a gourd. the bear goes by the name of teddy. isn't that cute? as resident of the 93-acre lions, tigers and bears animal rescue in san diego county, america's finest city, providing a safe haven for abused animals. i this i that's cool. in ohio, a resident decorating his house with an array of skeletons and a giant jack tan 10. he displays a qr code on his lawn allowing people who stop by to donate to st. jude's. i hope that idea spreads across the country. that's a terrific idea! this next hilarious video

getting 11 million views on tiktok showing a lab in texas spooked by his owner's halloween decor that consists of black cats. i feel bad for that guy. his tail isn't moving. what in the world is going on? >> harry potter experience, you're going to get all of those features you expect to see, all of the films have the forbidden forest in them. expect to see everything from giants to -- >> kevin: hairy potter! -- harry potter! in hyde, new york, must visit for potter fans. warner brothers themed entertainment creating an immersive experience inspired by harry potter. visitors could walk down an illuminated path, have wand battles with friends and family, even cast a spell. a ring doorbell camera strikes

again catching a thief in the act. get this. story gets stranger. a thief making up w -- making off with a giant skeleton on display in a neighborhood. the thief shoved it in her suv casually in broad daylight. i hope you get caught. if you have a viral video, check us out and hit us up on social media @kevincorke or @foxnewsnight. ever since a disastrous fire burned notre dame cathedral in paris years ago, they've been trying to. [indiscernible] where do things starched stand -- stand with this massive undertaking? >> reporter: the fire that destroyed the cathedral in

paris is a tragedy. april 15th, 2019, unthinkable, 1,000-year-old cathedral engulfed in flames. the spire falls. 800-year-old trusses collapse. nearly 4,000 miles away, a symbol of notre dame's resurrection from the ashes. architectural student from catholic university of america in washington d.c. raise a full-sized replica they built of plus number six, one of the massive roof supports in the cathedral's choir. they used 13th-century techniques. the design follows the specifications of the architects who are heading notre dame's restoration. >> we're in a positive period because we are going to see the rebirth of the cathedral. >> reporter: the truss construction is part of the

project of the catholic university and a nonprofit organization hoping to raise money and awareness to support notre dame's rebirth and maybe even team up with workers in paris. >> that's kind of our big dream, and it's actually the dream close to happening. >> reporter: the architects inspecting the students' work were pleased with the results. >> well done by the students. this is a symbol of the teamwork between the u.s. and france and the cathedral. >> reporter: the architects say the plan is to have the cathedral restored by december of 2024. kevin? >> kevin: lauren, thank you so much. lauren green for us in the big apple. ladies and gentlemen, boys and girls, coming up, my best buddy, shannon bream, back on fox news @ night joining me for a taste test. she's up next. first a look at your weekend forecast from fox weather. >> i'm meteorologist nachosar.

here is your fox -- nick kosir. here is your fox news forecast. cold front moving through the pacific northwest. snowfall totals will move through the pacific northwest and the rocky mountains there. a foot to a foot and a half there. we'll see warmer weather on the eastern half of the united states. download the fox weather app or stream fox weather from your favorite connected tv device.

>> kevin: welcome back, everybody. we may be in the final months of the nanci pelosi era as speaker of the house. it'd be over, that is, of course, if republicans gain control of the chamber. if that happens, she'll lose the gavel and will probably decide to retire. tonight, congressional correspondent chad pergram looks at the big changes that could be in store for the next congress. >> reporter: it's an understatement to say house

speaker nanci pelosi is coy about her political future. >> do you intend to be here in the new congress as the speaker? as the minority leader? >> i'm strictly focused on winning the next election. do you want to talk about that? >> reporter: democrats are in the dark. >> i think people are looking for a cue from the speakerser. i think she wants to get through -- speaker. i think she wants to get through this election. >> reporter: pelosi speaks to a single mantra. >> first we win. then we decide. >> what i said then is whether it passes or not, i will abide by those limits that are there. >> reporter: but nothing's locked in. >> she is a master of using words that will mean certain things to specific people in the room and then go back and say, hey, check the receipts, check the transcripts, i actually didn't say that. >> reporter: house minority leader kevin mccarthy is looking to become speakfer the republicans win the house. >> will you be speaker in january? >> i believe so.

>> reporter: mccarthy stum billed to become speaker -- stumbled to become speaker seven years ago. >> everybody thought hillary clinton was unbeatable, right? but we put together a benghazi special committee. >> reporter: some republicans used that remark as justification to oppose mccarthy. >> if his margin isn't big enough, i think he's going to struggle. he's one land mine away from blowing himself up. >> reporter: it's believed mccarthy will succeed so long as former president trump backs him. by contrast, mitch mcconnell isn't in trump's good graces. >> mitch mcconnell is a disgrace. >> reporter: mccom could be on thin ice if the g.o.p. doesn't claim the majority, but he insists he has the votes. >> i've been elected eight times on the opposition if anyone wants to challenge me. have at it! >> reporter: if mcconnell is the g.o.p. leader next year, he'll surpass mike mansfield as the longest serving senate

party leader in history. >> chad pergram at the capitol, thank you. just 2 1/2 weeks left until midterm election day and a potentially interesting senate race is shaping up in utah. that's where republican mike lee is defending his seat against independent candidate evan mcmullen. you may remember he used to be a republican. on fox news sunday this week, senator lee will discuss that matchup along with a host of other topics and he'll be fielding questions from our very special guest tonight, former host of this very program, my dear friend shannon bream. shannon, how are you? >> shannon: kevin, ♪ reunited and it feels so good ♪ >> kevin: yes it does. >> shannon: it's great to be with you. >> kevin: you have a big show coming up this weekend with time running out before the midterms. >> shannon: thank you, my friend. my mom is dvring the show so she can see us together. she misses cork and bream. thank you for letting me talk

about this show on sunday. this is a weird race because in part there's a sitting u.s. senator from utah, mitt romney, who wouldn't endorse in this race. his colleague who is a current g.o.p. senator. he's kind of a wild card. would he become the new joe manchin if he pulled this off? it's a tighter race than obviously mike lee and his supporters would like to see. we'll talk to him about the accusations evan mcmullen has thrown at him. he'll talk to democratic texas congressman henry cuellar about the border and his tight race, too. you'll hear from both sides of the aisle on sunday. >> kevin: any chance i'd get to listen to cuellar talk about what is happening there at the border, he's got a great deal of credibility. glad you're going to have him on the show. i look forward to his comments and fielding your tough questions. speaking of tough questions, there's a lot of tough questions out there on what is happening and what is going on

and the state of the country quite frankly, shannon. voters in many parts of this country right now are vexed with high inflation, high food costs and obviously high energy and across-the-board, many people in many places just want change or they just want solutions. speaking of -- i want to share the very latest monmouth surrae and get your take on it. a lot of -- survey and get your take on it. a lot of different takes when you talk about what people are focusing on. some people are talking about reproductive health. others are talking about the economy at large. inflation is the priority for almost half of the americans surveyed according to the latest monmouth poll. what say you? >> shannon: it's interesting because when you look at the polling and people are asked who do you give? which party do you give the upper hand on handling these things when it comes to the economy and inflation? crime is another big issue. they give a double-digit advantage to republicans. that's good for them going into the fall and into just three weeks left -- less than that at this point. the other issues, abortion has

been really big. democrats talked a lot about that after overturning roe v wade. if you look at the numbers,ful see what people care about, abortion dropped off slightly. people have it as one of their top issues. issues like crime, inflation, the border, things that pull well for republicans are surging for republican voters. a lot of people are already voting. there are places where there hasn't been any debates. there may not be any or it hasn't happened yet. folks are casting their ballots. it seems to be to the advantage of republicans right now. we'll see what happens on election day. >> kevin: anything could happen. real quickly since we have you, and it's just a treat, i want us to go back to the past for just a moment and do our midnight snack segment. i've got something here. this is lester's pumpkin pie soda -- remember we used to do this on the show together. you have yours. i have mine. i'm feeling like given the time of year we're in, cheers

to you, my friend. let's give it a taste. what do you say? >> shannon: ok. for old time's sake, let's s see. do you smell it first? oh, it smells spicy. >> kevin: i don't think so. >> shannon: ooh, that tastes like carbonated pumpkin flavoring like you think it would. lester who is there on the bottle, you might have to go back to the lab on this one. no one will mistake they're having a pumpkin pie while sipping this thing down. but, kevin, you're the best sport of everyone. everywhere i go, people are like, kevin was the best sport ever always tasting your weird things. here's to you, my friend. >> kevin: here's to you, my friend. i wish i met lester. i would tell him, lester, you get an a for effort. that's about it. cheers, shannon. thanks for joining us, as always. we look forward to seeing you on the air sunday and, yes, i miss you greatly, my friend. >> shannon: miss you, too. see you then.

>> kevin: that was nasty. yuck! coming up, we've got a mess of spaghetti coming your way and why some noodle aficionados have their pasta in a wad. i love whoever wrote that. grace richardson. food court coming your way next. (vo) the older. the physically challenged. the last to be chosen. shelter dogs with special needs face a far longer road to adoption. but subaru knows even the toughest roads can lead to the most amazing places. that's why subaru and our retailers created national make a dog's day... to help all underdogs find homes. subaru. more than a car company.

>> kevin: time now for night court. on the docket tonight, another case we're taking straight to -- taking straight to the food court. barylalia is facing a class action lawsuit -- barilla is facing a class-action lawsuit. the product is made here in u.s.a. the product states it's made in italy. brian, i'm going to begin with you just because. i mean, what are you going to do? let me share exhibit a as we get started here. i want to get your reaction. this is from the plaintiff's complaint. it says, "through falsely, misleadingly and deceptively labeling the products, defendants sought to take advantage of consumers' desires for authentic italian pastother while -- pasta while

cutting costs and reaping the financial benefits of making the products in the united states of america." fairly decent start, sounds like. what do you think there, brian? >> i'm 100% italian. but really barilla? what's next? the shamrock shake? >> kevin: you're killing me. that is awesome. i love that. robert -- that's really great -- i'll just say this, robert, his point is well taken because we all know that sometimes in advertising you sort of expand the idea behind your brand and yet in this case i think it's fair to say if it's made in iowa, it ain't italy. >> you know, it's all about the words in the advertising. in this case, if it looks on the box -- if you look on the box, it says where it's made at, what ingredients are in it.

they never made that claim. think about coca-cola made in atlanta. it's the number one soda in all kinds of countries around the world. they never claimed they were made, created and bottled in those countries. just that it's a well-known and favorite beverage there. i don't think there's validity to the claim and case. it's another one of the attention-seek, publicity-seeking cases that come out of california because they have a liberal jurisdiction there. they're seeking to get monetary damages out of a company hoping they'll just pay up to avoid bad publicity. >> kevin: i don't want to shortchange bryan we lost his signal. we'll try to get him back. while we have robert here, i want to share exhibit b. this is the barilla response and get your thoughts on this barilla argues its product packaging is not materially deceptive to reasonable customers -- i've heard reasonable so much in my law school classes -- and that its trade marked slogan, italy's

number one brand of pasta, is used to identify barilla, not italy, as the source of the product. they seem to be echoing your arguement and yet again a reasonable person might feel like, ok, that makes sense but then not everybody is reasonable. they can hear that and they might think, hey, wait a minute, sounds like you're saying you're the best or the best sold in italy. bryan, i'll get you to weigh in on this and then i'll wrap it up with robert. we were just saying you can say you're italy's best but you better be italy's best. >> they'll need a lawyer as good as robert, kevin, because their whole case is more confusing in they're saying this is just our slogan. this is just identifying the product, not that it's made in italy. i'm going to tell you what, a judge or a jury is going to say forget about it, badda boom, badda bing. there's going to be lira, dinero or dollars coming to the products. i usually agree with robert

but this confuses me and i'm italian. if i'm looking at the barilla penne in the publix store and the rigatoni and they're saying it's the number one brand in italy, this is a great case for the plaintiffs. >> kevin: this might make a pretty good law school case. then again maybe not. thank you so much, gentlemen. i have to wrap it up there. it's a friday. i want to send you guys home in style. robert and bryan, thank you so much. we appreciate it. >> thank you, kevin. take care, robert. >> kevin: thank you, guys. appreciate that so much. a bit of good news before we say good night. a pair of formula 1 drivers making a pit stop days away from a very big race to visit dell children's medical center. mike schumaker and kevin magnussen taking a little time out to hang with some of the kids for the day. this is a great story. they played racing video games like mario kart and signed autographs and took pictures with the kids. in fact, one patient who was able to leave the hospital next week says it was very

cool to meet the drivers before heading home. and i could not agree more. and i could not agree more that this was a lot of fun. we thank you for spending time with us here tonight on fox news @ night. thank you to my good friend shannon bream for stopping by. i'm kevin corke in for trace gallagher. see you next time. in the meantime v a wonderful weekend with the ones you loveght. u put it all on the line. u do it all. so u bring ubrelvy. it can quickly stop migraine in its tracks within 2 hours... without worrying if it's too late or where you are. so you bring you round it completely, stop migraine inillr completely, stop migraine inillr its tracks within two hours,ect. without worrying if it's too late, where where you are.ommoni unlike older medicines, youainep bellview the pill that directlyi blocks a protein believed to be a cause of migraine do not a strong six ththree foury, inhibitors. inhibitors. those common side effects weree, nausea and tiredness. migraine pain relief starts with you. learn how you can help you. ask about you, browdy. >> the any time anywhere migraine medicine, high.

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