>> out of time. thanks to our studio audience and guests. i'm greg gutfeld and i love you america! thank you, greg. good evening, everyone. welcome to america's late news. "fox news @ night." i'm trace gallagher in los angeles. breaking tonight, new polling shows democrats could take a major midterm hit over the economy, especially with core democratic voting blocks like hispanics. our political panel will debate that. in the wake of today's gdp numbers, president biden thinks the economy is booming but the nation's top

economists are telling a different tale, a much different tale. and remember when vice president harris told meet the press the border is secure? well, there are new warnings tonight of not just one but multiple migrant caravans heading to the so-called secure border trying to get into the u.s. before republicans potentially take back congress. and crime victims here in california are furious after one of the state's biggest counties just dismissed hundreds of criminal cases, many of them for violent offenses all because of a judge shortage. l.a. county sheriff alex villanueva is here on set with us to talk about rising crime and confronting the deadly fentanyl crisis. plus, breaking tonight, elon musk appears to have completed his takeover of twitter ousting two top executives in the process. but twitter's leading advertisers are warning mr. musk his plans to promote

free speech might drive users away. but we begin with president biden trying to paint republicans as the ones who will tank the economy despite a lot of evidence showing democrats are destroying the economy just fine all by themselves. the white house correspondent kevin corke is live for us in the nation's capitol with more on this. evening. >> reporter: evening, my friend. it's sort of like trying a new and exciting cabernet sauvignon for the first time, you know, the one everyone's been raving about! a couple of glasses in, you're saying to yourself mneh. it's good but not great. that's how economists see the latest gdp numbers and how mr. biden sees them. >> so, economic growth up is. the price of inflation is down. real incomes are up. the price of gas is down. >> very economic report today. the gdp report. >> reporter: ♪ everything is awesome ♪ but not really.

the economy grew 2.6% in the third quarter of this year but get this, the gdp actually shrank by 1.66% in the first and second quarters. just treading water is how the chief economist at moody's analytics sees the economy right now even as the biden administration is trying to court voters two weeks from the midterms by zeroing in on their economic agenda. as for talk of a recession? >> i don't see signs of a recession in this economy at this point. >> reporter: i don't see it! doesn't mean it's not there. she doesn't see it, though. but that's obviously very hard to believe after nearly a year of record high food and gas prices pinching american wallets. in fact, 66% of voters think that the u.s. is already in a recession or a depression according to the latest usa today/suffolk survey. the same poll shows likely voters prefer republicans over democratic congressional candidates by a 49-45

marshallin. and -- margin. and this is just interesting. we just learned this tonight from axios, special climate envoy john kerry may be headed for the exit door next month because he "is interested in returning to the private sector." which means make something bucks. trace? >> trace: that's what it means. making money where you need it. kevin corke, thank you, my friend. new question tonight about the words and actions of president kamala harris and her boss as the white house frantically tries reclaim lost ground and really rework messaging when it comes to the economy. let's bring in the panel. fox news contributor leslie marshal and inferno author curt schlickter. welcome to you both. it's interesting, leslie, because you look at these numbers and see in states like arizona, texas and nevada, we're seeing an increase in hispanic voters toward the g.o.p. i want to put the polls on the screen if i can. this is the suffolk poll.

this is hispanics. democratic candidates are voting 52%, right? here you have it, republican candidates 46%. that's narrowing the margin. now, you look at the black voters, democrats, they go 71% toward democrats. 21% toward republicans. interesting because trump carried 12% of blacks and 32% of hispanics and he increased it. so the numbers are changing. >> the numbers are changing but the demographics of the voting base are changing that could be advantageous for both parties. look at georgia right now. record numbers of people are coming out to vote. they're seeing record numbers of african-americans, records never seen even before when barack obama ran for office the first time and the second time around. they're seeing older people voting and older african-americans voting. that'll bode better in the state of georgia at least for democrats when you look at republicans talking about slashing social security, medicare, medicaid, not voting with democrats to cap insulin and not saying you can get

hearing aideds at the -- aides at the pharmacy over the counter. >> hispanics are shifting toward them in big numbers. >> trace, they should be scared. gasoline at the gas station just outside $6.19 a gallon. i spent $38 for a burrito, bowl of soup and two waters. you can't deny that the untold story of this election is -- you're dead on -- latina americans or latinx friends are faith, family and flag folks. i married into a hispanic family. these are great americans. they want to succeed. they want the government out of their business. they want a strong america. they don't like the cultural weirdness. they hate the terrible biden economy. >> i should know. half of my family is latino. they don't even know what latinx is. i want to get your point on

biden mocking reporters. [everyone speaking at once] i think there's a difference between not answering questions which he often doesn't do. in fact e mostly doesn't do that. then he mocked the reporters for asking the questions. that's their job. his job, in part, is to answer them. >> look, he can't answer them. look. you're a real reporter and play is safe. i'm a columnist. the guy is intermed, senile and too old to be president. he can't handle the give and take of facing up to the reporters. his people are sitting there yelling to try to stop it. it's embarrassing and it's dangerous especially now. >> what do you think about that, leslie? >> i think it's -- do you think it's appropriate? >> i think it's dangerous when reporters and columnists make

a health assessment. i didn't think of that as mocking. >> it's pretty mockery. >> isn't it funny that though just keep going and we're -- that they just keep going and we're just not going to answer their questions. i'm a former journalist. i do think the president should take the questions. i don't think it's mocking. >> we can play reems of videotape where the president isn't just mocking but making fun, getting angry at reporters for asking questions, questions he couldn't answer he gets angry at. it wasn't just this one. i want to move onto kamala harris. this sound bite really worth watching again. watch. >> so here's the thing, who doesn't love a yellow school bus? right? can you raise your hand if you love a yellow school bus, right? just -- there's something about the -- and most of us, many of us went to school on the yellow school bus, right? >> it feels, leslie, like

she's not preparing, she just kind of goes out there and does this all the time where she kind of gets caught up and doesn't really know what to say next is it lack of preparation? is she just -- is this her style? what do you make of it? >> i think it's a bit of both to be honest. i have -- look, i don't care if you're vice president or you're a school teacher, when you show up to a group of people and you're being interviewed or giving a speech, you need to be prepared; however, being the mother of two kids and when my son was little and said, yellow bus, yellow bus every time a yellow bus went by, i feel nostalgia and my heart warms when i see a yellow bus. >> i don't think it warms a lot of hearts around the country. >> i liked "beep" a lot better when it was a tv show. they've got to run the school bus circuit. we have ukraine exploding and an economy going down the tubes, open border and crime in the streets and she's out there talking about the yellow school bus, it's ridiculous. >> great to have you on set tonight, you two. this is so nice, right?

>> great to be back. >> in the meantime, as members of the national guard are mobilized to assist with new york city's ongoing struggle to handle an influx of illegal immigrants, there's a warning tonight from central america that large migrant caravans -- as in several -- are getting ready to flood our southern border ahead of midterm election day. ashley strohmier has the latest for us and is live in new york tonight. ashley, good evening. >> hey there, trace. this month, new york city hit a record 62,174 people living in shelters. this does come as migrants continue to arrive in the city from the southern border and force the mayor to declare a state of emergency. the reserve guards like in this picture provided by the "new york post" will be helping out with things like distributing food, capacity management, filling in the gaps for staff that is stretched just too thin. right now, it's not clear how many reserve members will be deployed and how many shelters they'll be helping. meanwhile as the midterms inch closer, guatemala's interior

minister says large caravans of migrants will soon be making their way to the u.s. southern border. he said we have information that caravans will be coming in the next few weeks, particularly before the date of november 8th, so we're doing operations in our borders to stop the flow of migration. according to him, thousands of migrants believe the republicans will sweep the midterms making it harder for them to get into the u.s. with those promised tightened security if they do win. meanwhile, new video shows 15 migrants take offing in a stolen bucket truck in texas. you can watch that video on your screen right now. they led police on a two-mile chase eventually going off-road into the woods. 11 of the 15 were caught but four got away. trace, back to you. >> yeah, ashley strohmier live for us in new york, ashley, thank you. los angeles county's already dire homeless crisis is having an outsized effect on the community of long beach all because of a public transportation policy that forces people off the trains at midnight. matt finn is live on the set with more on that story. matt, good evening. >> reporter: good evening,

trace. business owners and neighbors in long beach say the homeless crisis is being compounded by the so-called dumping of homeless. and maybe this is something you see in your own neighborhood. twice a day, l.a.'s metro empties its train carts of all humans to service and clean the carts forcing those that ride the train for shelter back onto the streets. business owners partially blame the problem on a 62% increase in the homeless population in long beach within the last two years. one jewelry store owner tells fox 11's gina silva she's captured homeless walking around naked, going to the bathroom in the street and even lighting fires. >> i have to clean the trash. there's fecal matter there. >> we have to keep these bars pretty much all around the area. the exterior, interior. >> it's not that we're insensitive. i'm absolutely not insensitive to the homeless community, but enough's enough! >> reporter: l.a. county supervisor janice hahn tells

fox 11 that the county was not aware that metro is essentially forcing the homeless off the trains and she has introduced a notion evaluate the so-called end of lofthe line policy. metro's end-of-line policy to deboard trains before returning to the rail yard each night is a critically important and standard transit system practice not dissimilar to businesses like stores or restaurants that close their doors to clean, restock and maintain in advance of the following day's business hours. homelessness is not just a metro issue but a societal challenge. we'll work cooperately to the count -- cooperatively to the county to effect joint strategies. metro is trying to find services for the homeless that are "deboarded" at the end of the line. trace? >> it is a crisis. they were right on that. matt finn, we'll see you back here for the night cap in a bit. in the meantime, the fox news @ night commonsense department

thinks one homeless man in los angeles may be onto something. he goes by the name "q." after spending a few weeks getting shuffled around from place to place, mr. q decided to take matters into his own hands. he built himself a rolling home. he then rolled that home onto hollywood boulevard, one of l.a.'s most populated areas and q thinks he's been welcomed. watch. >> people tell me i'm an asset to the community because, you know, of the, you know, whatever, the little landscaping i have going on. >> but some neighbors and businesses don't like it and police have been called more than once, but the officers say there is nothing they can do quoting here "the only enforcement is if a person is blocking the sidewalk or an active driveway or business." so mr. q gets to stay. why not? the city is not offering many solutions. in 2016, los angeles passed proposition hhh bumping up property taxes and raised

1.2 billion to build housing for the homeless. some homes have been built in a snail's pace. land in short supply. planning and zoning regulations are plentiful. if you do finally get permits to build, the neighbors have a tendency to tie things up in court. in fact, when proposition hhh passed in 2016, there were roughly 28,000 homeless in l.a. now, roughly 42,000. and commonsense thinks all those failed policies and red tape make mr. q's story that much more compelling. in hollywood no less. with us now live on set is the man in charge of the country's largest sheriff's department which spends every day trying to maintain law and order in the country's second largest city, please welcome los angeles county sheriff alex villanueva. sheriff, great to have you on set. thank you for coming. i want to talk about fentanyl with you because that's the big topic and i know you've got information about that but i quickly want to get your insight on the breaking news coming out of riverside

county, the neighboring county to l.a., where they've let more than 200 criminals go because they simply don't have the judges, they can't give them a speedy trial. the d.a. in riverside county, mike, says the following, quoting here, we should be extending our hours. the courts need to consider perhaps night court or saturday court just to simply say we don't have the resources and start dismissing hundreds of criminal cases, that's not the answer! and wouldn't you think we need to somehow keep these people behind bars if we can? >> well, the criminal community is operating 24/7, but the courts only operate 9:00 to 5:00 bankers' hours. there's a mismatch there. we're facing a tsunami of similar situations in l.a. county where we're roughly five times bigger than riverside county. we have -- i'm afraid to know what the final number of zero bail schedule citations for felonies that are on the streets and they're never going to come back to court, what's going to happen with all of those cases? >> l.a. county dealing with

the far left prosecutor who just keeps getting people out the turnstiles. we know the opioid crisis is bad. we're now seeing some of these warnings, fentanyl warnings. and they're going out to young trick-or-treaters. you have a lot of people saying, look, this is overkill. fentanyl is not being given to these young trick-or-treaters. they don't need to worry about that at all. do you buy that? >> actually, our deputies work in the l.a.x. airport with dea. we have a task force. we intercepted about a week ago 12,000 pills that were kind rainbow colored and they were placed in candy bags and boxes but they were used for a smuggling purpose. they weren't packaged to distribute to little kids. that was the birth of that. became an urban myth. we don't see evidence of that but every parent still needs to be aware of what their kids are bringing home and understand what packaging of candy looks like and take the appropriate precautions. >> so you go down to maybe the source. we think the drugs or the chemicals are actually coming from china, going to the

cartels and the cartels send them across the border. and you have people saying, look, they're coming across legal entryways into the u.s. they're not being brought across by migrants and yet you have a lot of these fentanyl busts that are happening, people walking across the border. you know, all we know is the number of fentanyl pills that are and coming into the u.s. are astronomical and the deaths are rising in line. >> definitely! our department alone through october this year, we seized roughly 2.3 million pills. 450 lbs of fentanyl and over a ton of meth. that's just our department alone. imagine all the other departments combined. it's so powerful, 2 milligrams is enough to kill a human being. imagine when you have 450 pounds of the powder, how many people that could kill. >> what they busted on the border is enough to kill half the planet which is staggering! what's the solution, sheriff? you do this every day. you're frustrated. you know these families are

suffering because their young people are dying and there doesn't seem to be a solution and no one is worried about the border at least on the left side of the aisle. >> here in california we have a senate bill 350 which is supposed to elevate selling fentanyl that causes the death of someone so it could be treated like the homicide, second degree murder that it is, but we have -- this will scare you, senator bradford said he didn't want to expose drug dealers to any additional incarceration sew blocked the measure from being voted on by the full legislature! astonishing, protecting drug dealers from additional crime while kids are making up dead -- they don't wake up but they end up dead in the morning and these are poisonings not overdoses. >> you brought up the politicians so i'm taking you down that path. the l.a. city council, i know you're in charge of the entire county but the l.a. city council is in chaos right now. the county supervisors not much better. how's it working within this atmosphere, sheriff? how are you getting stuff done? the mayor's vase coming.

it's one of those -- the mayor's race is coming. it's one of those things that has got to be frustrating you have the county supervisors that can't quite get on the same page. >> i have a homeless crisis spiraling out of control. i need a good partner in the mayor's office, city council and the board of supervisors. they're too busy enmeshed in the corruptions, scandals. the audiotaped that was deleted, everyone denounced the racism, all the politicians had nothing to say about the -- they're ok with the corruption, just not the racism. i have a problem with both. >> when you talk about the city council, they're talking about 14 democrats and one independent. this wasn't republicans against democrats. this was democrats in-fighting against democrats. i've got 10 seconds for you, sir. >> i have the same thing on the board of supervisors. i have a super majority of progressive board of supervisors bent on still defunding the sheriff's department and actually being an obstacle to keeping our communities safe instead of

working with our department. we need a new majority on the board to actually take public safety seriously. >> los angeles county sheriff alex villanueva. sir, thank you for coming on. we appreciate it. >> breaking tonight, elon musk in control of twitter to fight for free speech and in his words to help humanity. a live report on that coming up. plus, this hole in one has a woman in trouble with the law and this was not rehearsed. we think. synchronized kittens taking the internet by storm. the day's best viral videos the day's best viral videos are next. shipstation saves us so much time

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>> trace: first up in tonight's viral videos, nurses working in the nicu at henry ford hospital in detroit are getting a jump on the holiday

spirit dressing up their little patients as characters from classic children's books like "cloudy with a chance of meatballs" "where's waldo" and "horton hears a who" to name a few. they often encourage parents to read to their babies while in the hospital. lightning struck a tree in south lake, texas, sending bark flying. it was all caught on a home security camera. the homeowner says the strike sounded like an explosion, right? kind of looks like it, too. nobody got hurt. in the meantime, a mountain lion caused a bit of a stir in los angeles today after it was spotted roaming around the brentwood area. even prompting a lockdown at an elementary school. authorities responded after the cat was spotted near a country club. heck, the cops showed up when i went to the brentwood country club. threw me off. it's tough to get on there. any way. after hours of eluding police, the big cat was captured in somebody's backyard. and now this, you have heard of synchronized swimming. how about synchronized

kittens? this is amazing. take a look. seven of them at a cat hangout in quebec. looks like they're putting on a performance, isn't it? the breeder is trying to get a group shot while they're doing this. i don't blame them. the cats are in high demand. those are serious cat skills right there. this woman is likely regretting her decision to drive a golf ball over the grand canyon. toss her club over the rim and then post a video of it all on tiktok, right? park officials say the move is illegal. they tracked her down. she could now face charges and a court appearance for endangering hikers and wildlife. did we mention riverside county kicked free 200 criminals because they didn't have time to try 'em? any way. the kilauea volcano in the big island of hawaii is back in the headlines. here is classic fiery footage of the world's largest active volcano as officials there warn residents it could erupt again given the spike at recent earthquakes on the summit of mon loa. if it does -- moan loa.

if it does erupt, lava could reach homes within hours. that could be bad. if you have viral video to share, hit us up at@tracegallagher or @foxatnight on social media. that man there, elon musk's $44 million twitter takeover, he's buying the platform to help humanity he doesn't want twitter to become a -- quoting here -- free for all hellscape. fox business correspondent kelly o'grady joins us on set with that. hello, kelly. >> reporter: so good to see you, trace. this is one of the craziest takeovers. he tweeted out a couple minutes ago saying "the bird is free." that confirms what sources are telling me that the deal is closed. he's reportedly already starting cleaning house among top leadership, getting rid of the ceo and the cfo. now, the big question becomes

what are the implications for free speech, right? he sent a letter to advertisers hinting what is to come. i want to share a quote with you. he said, "it's important to the future of civilization to have a common digital town square where a wide range of beliefs could be debated in a healthy manner without resorting to violence. that said, twitter obviously can't become a free for all hellscape where anything could be said with no consequences." first question becomes what are the consequences? in regards to former president trump, musk already shared he doesn't support permanent bans indicating he may immediately reinstate him which,sk, could be an interesting prospect with the midtames few days away but he'll have to contend with advertisers who share they're going to pause ads if he's let back on he has investors to think about with the $44 billion price tag. second question becomes what content in the digital town square is off-limits? what is considered violence-inducing? what do we deem misinformation? this tweet here from iran's supreme leader, does that belong in the town square? what about kanye's recent

anti-semitic rant? musk envisions a product where you choose what you're comfortable seeing. if 10% on either side are upset, he's doing his job. the last thing i want to highlight is this only works if section 230 remains intact which congress indicated inside jeopardy. right now, platforms aren't responsible for what you and i post. if twitter does have to ever do that, i mean, that just makes this whole town square a lot more messy. >> trace: it seems like he's got a big decision to make here, kelly, because he really does have to walk a fine line. he's always said, look, i want this to be open and informative but he also has to police it a little bit. you wonder which direction he's going to lean in the months and years ahead, right? >> reporter: oh, absolutely. you have dems freaking out, right? like what is this going to be? you have republicans celebrating, our champion is here! i think we're going to see something in the middle. he's going to probably offend folks on either side and there's going to be some really tough decisions to ma make, right? we don't even know what misinformation is anymore. >> are.

>> trace: and offending folks is really not one of his big concerns. it's going to be fine. thank you for coming on. appreciate it. a new republican senate report concludes covid was probably the result of a research-related incident in wuhan, china. document says early epidemiology showed rapid spread of the violence in wuhan, home to advanced coronavirus research it describes a pattern of persistent biosafety problems at that very same lab in wuhan. while cities from wuhan in central china to sheerin in the northwest are increasing their covid restrictions, some are sealing actual buildings, locking down districts and throwing millions of people into distress in a scramble to halt widening outbreaks. china reportedly for a third straight day says there are more than a thousand new cases nationwide. coming up, the investigation into a potential serial killer in iowa after a woman claims her late father murdered dozens of people and she says she knows this because she

helped bury the bodies. and we want to warn you that the video is a bit disturbing. it's a brazen hit-and-run of a grandmother and her grandson in a marked crosswalk in california. we'll have the details on what happened next.

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>> first up in tonight's crime crisis round-up, a wild shootout in philadelphia when four masked men in black jumped out of a car and fired dozens of times riddling their victim with eight gunshot wounds. he's in critical tonight in the hospital. one of them had an aq47-style -- aq47-style rifle. they fled the scene. police are trying to find them. >.police arrested a woman. many strap hangers are uneasy about the violent incidents below ground. democratic mayor eric adams says

the idea crime on the big apple subway is out of control is really a "false perception." >> we're going to continue to go after those six felony crimes a day we're witnessing. i know 3.5 million people use our system every day without any encounters. >> we have less as a broadly speaking less subway transit. [indiscernible] numerically than before covid. >> ridership is way down tracking at 2/3 of prepandemic levels. in new york, a gunman hijacked a public bus this morning in queens using a pellet gun that looked awfully real. the quick-thinking bus driver quickly stopped the bus and left the passengers out. the bus driver went further before jumping out the window. the hijacker crashed the bus into a utility pole. nypd quickly nabbed him and likely let him go. in detroit, a disturbing brawl

caught on camera where a bus driver there is accused of fighting with a seventh grader who would not sit down. families attorney says the driver bit the child's face along with pommeling. you can see it here. the bus driver reportedly claims the girl swung first but the family's attorney says not true. the school district suspended the driver and police are now investigating. a shocking moment in san jose that was caught on camera when a driver plowed into a grandmother in a marked crosswalk while she was pushing her three-year-old grandson in the stroller. the driver flew through the intersection and did not stop even after ending the 68-year-old woman who is now in the icu with broken ribs and a broken shoulder. the boy has minor injuries fortunately. the fbi is joining an investigation by iowa law enforcement officials into one woman's claim her father was a serial killer who murdered five or six women a year and then

buried roughly 70 bodies around his rural home. david lee miller shows us where things stand tonight. david lee, good evening. >> reporter: trace, good evening. investigators in iowa are trying to figure out if a local man who is now deceased was one of the deadliest serial killers in the u.s. it's a mystery that's more compelling because the accusation is coming from his own daughter, 53-year-old lucy mckitty who lived in the rural hamlet of thurmond in western iowa. she told "newsweek" magazine her father donald killed as many as 70 women and along with her siblings, she was forced to help bury the bodies. she told the publication, "i know where the bodies buried." adding "i thought he would kill me because i wouldn't keep my mouth shut." donald died in 2013. investigators told "newsweek" that cadaver dogs detected human remains at the alleged burial sites. the sheriff told the magazine, "it's hard for me to believe two dogs would hit in the exact same

places and be false. we don't know what it is but i tend to believe lucy." the fbi is reportedly taking part in the investigation. the sheriff's office says it's considering holding a news conference next week. for now, the mystery continues. trace? >> trace: david lee, thank you. we're one step closer tonight to learning whether charges will be filed into the fatal shooting on the set of "rust." the sante fe, new mexico, sheriff's office now completed its investigation to figure out how a live round got into the gun that actor alec baldwin got on the set. they'll review the evidence before deciding to bring criminal charges. coming up, the worst dining rules you can break. you might be surprised what some people actually do in a restaurant. and who would have thought that feeding the homeless could get you arrested? the details on that next. >> tech: at safelite, we take care of vehicles with the latest technology.

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>> trace: welcome back. we have a legal doozy for you tonight on the docket. the case of a 78-year-old grandmother in arizona who is suing her city because she got arrested for -- you listening -- for serving hot meals to the homeless. now let's bring in the host but the nothing but the truth

podcast, bob bianci. i got to show you this video. this is the body cam video of the police officer actually arresting the 78-year-old grandmother after she fed the homeless. >> i think this is a pr nightmare but ok. here's the bad news. >> oh no. >> you're under arrest. >> i am? >> yes. >> ha-ha, it was a pr nightmare because the grandmother was doing the good thing. some people think it actually violated her 14th amendment. your thoughts about it? >> trace this cop had it right down. he called supervisors and said, you are serious? you want me to arrest a 76-year-old woman who was trying to feed the poor? he was told to do it. he luckily didn't put her in handcuffs. nevertheless the did civil rights cases and a as a former prosecutor -- this loss specifically targets poor people. they don't have a problem if people are being fed so long as it's not being done for

"charitable reasons." you couldn't be any clearer this is to stop a defined class of people from being taken care of. the bottom line is they ultimately dismissed this case against a woman. when that happens pursuant to the 14th amendment, they could now be sued for false aleft and malicious prosecution. -- false arrest and malicious prosecution. it's a nightmare through and through. >> we can show you endless videos of people stealing from cvs and walking out and never went to jail. >> here is the video after the woman got arrested. oh! it's a quote! let me quote. "i just finished up serving approximately 26 or 27 people and the very last person that came through, i literally was scrapping the bottom of my pans, finished off the food, gave him, and as he was walking away, these two police officers drove up. it is kind of crazy." could she sue in return on this, bob? i got a little bit of time. >> yeah, absolutely she's going

to sue for false arrest and malicious prosecution. she already has. she's only seeking $1 in damages. this isn't about money for her. she's going to win this lawsuit even if she loses because she's trying to make a point. she'll win this case and the law probably will be thrown out as being unconstitutional, trace. >> trace: next topic, fordham university booster shots, right? they're mandating booster shots at fordham. it's catholic. it's jesuit. they're mandating booster shots. no other university in all of new york state is doing this and they did it after school started, bob, after these kids paid their tuition. they're like, you gotta take the booster or you're out. your thoughts? >> some conflict on the facts from the reporting we have right now, trace, but definitely on their website they talk about the idea that you have to file the cdc -- follow the cdc recommendations. those recommendations change as the disease progresses. that'll be their defense to the case. on the other side, the students have maybe a plausible argument and the cases have been pretty much supported all the way up to the supreme court that the

institutions have the ability to impose the mandates. that may not apply if we can prove the students were told this is what we needed to do, we did it and now you changed the rules in the middle of the game. i think it'll be a tough lawsuit for the students. >> trace: did for theham not get the mem-- did fordham not get the memo the vaccine doesn't stop you from getting it? this applies to visiting athletic teams. i'm thinking, good luck with that one if no one else in new york is going by this. >> trace, there's the famous suit where the biden administration was sued because they had osha making vaccine mandates federal. the supreme court shot that down. what the supreme court also said is this is a right that's reserved for the states and private institutions to make on their own and the federal government can't mandate it so you don't have to be right. if that is their opinion -- by the way, they're following cdc recommendations. no matter if you agree with those or not, they're on good footing saying we're not

arbitrarily doing this, this is what the cdc says. >> it's time for a night cap. we're going to bring back in matt finn, kelly o'grady and ashley strohmier to talk about some of the worst dining rules you can break. kelly o'grady, new person on the set, you begin. >> there's so many. for me, it's when someone chews with their mouth open and it's really loud. i have already seen it plated. i don't need to see it going down. >> i don't want to cast dispersions on a vast crowd of people but young people, it's a thing. i watched in a number of restaurants. for younger people, it's a thing. i don't know what it is. >> i've been accused of it before. i'm living in a glass house. i talk when i eat. i find it annoying. >> ashley strohmier, the thing in a restaurant that drives you crazy? >> i've read this -- i've seen it before -- it's so disgusting -- they say until you're ready to completely excuse yourself

from the table, you're supposed to put the napkin in your sea you want me to go -- in your seat. you want me to go to the restaurant come back and wipe my face with a napkin that's on a public seat. i'm not doing it. i'm good. >> i'm with you. that napkin going on the table and that's that. matt finn. >> this segment is an opportunity for me to talk about my biggest pet peeve in life which is people eating -- doesn't matter if you're in a fine dining restaurant, at chipotle or on an airplane, it's eating loudly. it's crunching chips, smacking your food. it goes right through me. i've no patience for it. >> your buddies are doing that eating loudly. it's kind of a thing, right? that's a thing. my thing -- i'll get to you, bob, in just a second. it drives me crazy -- really doesn't drive me crazy, i'm like kelly. glass house here. when people order their steak burnt, well done. i can't complain but my wife and daughters like their steaks well done and they're very fun to hang out with so it's good but it's one of those things where people get angry when you order

that. they look at you and give you a discounted -- sconceed look. >> eating off another person's plate, double drinking, double-doubling, blowing your nose in a napkin. all secretions. >> i need to wrap this up. it's one of the things when you see it, do you ever say anything to anybody, kelly? >> i don't, but my husband certainly does to me. oh yeah. all the time. >> would you call somebody out, ashley? >> oh yeah. absolutely. the nose blowing in the napkin -- i'm yes toed out by the napkins tonight -- i'm grossed out by the napkins tonight so -- >> matt finn, would you call someone out for chomping loudly? >> i try not to because everyone eats differently and i'm not the master of how someone wants to eat. i know certain people to stay away from truthfully. >> here? are you looking around?

look around the thing. bob, would you call somebody out? five seconds? >> if they were doing -- anything where their saliva is in my food, i'm calling them out. >> oh my gosh, ashley, bob, kelly, matt -- we look like the brady bunch, great to see you all. thank you for watching america's late news, fox news @ night. i'm trace gallagher in los angeles. we'll see you right back here tomorrow night. same night. good evening. for chest, neck and back, it goes on clear, no mess, just soothing comfort, try vicks darbo, steck. >> it started in 1972, an avid young angler with a passion for fishing opened his first tackle shop and his father's liquor store. his goal of fellow anglers and provide great value for over 50 years. johnnie morris's dream has grown to serve conservation and all who love the great outdoors.

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