pretty much anywhere. like at the coffee shop, at the park, or on the moon. just kidding. it's another coffee shop. >> we are out of time! speak a good evening, everyone, welcome to america as late news, "fox news @ night." i'm trace gallagher in los angeles. and breaking tonight, the second installment of the twitter files has now dropped and not only were conservative accounts blacklisted, but the highest levels of the company were involved in the censorship. also breaking, wnba star brittney griner on her way to

america this hour. even those who applaud greiner's freedom are condemning the trade saying exchanging victor boot, the so-called merchant of death, could come back to haunt the u.s. mindy kaling who wrote and starred in "the office" called her own sitcom "inappropriate" and said he could not be made in today's climate. it's all hands on deck for the nightcap debate but we begin with the twitter files, parts two, improve conservative voices were silenced. matt finn latest with this batch of tweets. >> the founder of the website "the free press" and former "new york times" journalist barry weiss says elon musk gave her team bari weiss says elon musk every team access and posted what you call the twitter files, parts two. the ottomans confirmed the allegations that twitter was secretly silencing and

blacklisting users including very prominent conservative voters. consider dan bongino who at one point was slapped with a "search blacklist." also writing, twitter set up the account of charlie kirk to "do not amplify." here is kirk and von jean oh responding on "fox news tonight." >> averaging 620,000 retweets. we talk about in the midst of the virus how lockdowns aren't the best decision but we saw a cliff almost immediately our engagement, retreats disappear. i was called a conspiracy theorist. i was smeared. and now you are seeing actual verified documents where my twitter account was labeled "do not amplify." >> this was some soviet style [bleep]. >> trace: the secret censorship went beyond ticketing those accounts appear there was a secret group called the site

integrity policy-policy escalation support and that secret committee included the little head of legal, and ceo jack dorsey. weiss reports that this is where the biggest most politically sensitive decisions got made of. including the popular controversia @libsoftiktok account. weiss writes that twitter denied all these practices in 2018. twitter said, "we do not shadow banned and we certainly don't shadow banned based on political viewpoints for ideology." elon musk tweeted that twitter is working to reveal your true account status and if you have been shadow banned, why that happened, and how you can appeal. >> trace: there will be more twitter files coming. matt finn, will get that in as well. the biden the administration secure the release of american basketball player brittney griner from russia.

the trade for greiner and the fact that a former u.s. marine is still in russian custody is drawing a lot of heat. kevin corke is live in the nation's capital with more on that. >> celebration and yet sharing criticism in washington following the u.s.-russia prisoner swap to bring home a professional basketball standout in exchange for one of the world's most for most dangerous arms dealers, while also leaving behind a former u.s. marine paul whalen who's been in custody in russian now for years. brittney griner had actually been detained, tried, convicted in prison on watch the russians russians claimed our drug possession charges. thanks to the deal back to russia, he's been accused of supplying arms to the taliban, drug cartels the world over.

white house officials insist swapping a basketball player for a dangerous arms dealer was the only deal they could manage. >> this was not a choice of which american to bring home. the choice was one or none. i wholeheartedly wish we could've brought paul home today on the same plane as britney. >> while we have not yet succeeded, we have not given up. we have never given up. >> t>> on trumped up charges on espionage which has no basis in fact, today's news is a devastating blow. >> we are greatly disappointed that moore had not been done to secure the release. i'm happy that britney is going home today and met trevor one home when he did but i don't understand why i'm still sitting here. my bags were packed, ready to go home. >> this is a statement from the

whalen family. this is so important to me that it is clear that we do not begrudge miss griner her freedom. as i've remarked, britney and paul's cases were not intertwined. it's always been a strong possibility that one might be freed without the other. this is the event we wish for. reunited by her family. britney is free and paul is still a hostage and it's a devastating realization as they continue to hope for better news on that front. >> trace: we have a lot to talk about on the panel with that. live for us in d.c. fox news contributor leslie marshall and amer america first policy chairman fred fleitz. i want to start with the twitter files if i can because, fred, we know twitter was blacklisting conservative voices. but the bombshell in this is the blacklisting was coming from the top. bari weiss says the following

quoting here, there existed a level beyond official ticketing, the rank and file moderators following the company's policy on paper that is the site integrity policy-policy ellis chelation support known as sip-pes, the global head of trust, subsequent ceos jack dorsey and parag grau and others, and dorsey testified before congress that they were not censoring conservative voices. >> we all know they were censoring conservative voices but they were censoring me. i lost tens and thousands of followers a few years ago. i've tried to contact twitter repeatedly to find out what this is, to see what i can do to fix it. you can't email or call them here you have to do it through the interface. they have never responded. i was one of many conservatives

who had seen this. it's so gratifying to see that the various categories that twitter is using to freeze and limit the influence of conservative speech, i think it's going to be fixed now. >> trace: it's amazing care miranda devine, on the hunter biden laptop had this to say about it tonight. >> it's really gratifying to see it laid out in policies and to catch out the top people in their lives because they did live. they said there was no shadow banned and going on we knew by our own experience, since elon musk bought in, have increased my follower account by 40%. >> they knew they were being censored because all of a sudden their accounts blew up again. >> this is where i have the problem. even though i don't like censorship, twitter is a private company pair they have every right and continue to have every

right to censor peer they are not a media entity, they don't claim to be, they don't say they are putting up facts, reporting the news. what did they do question my facebook originally was about reading women on a scale of 1-10 almost like a dating app and what it's become now... i think it's sad we put so much legitimacy into these outlets that are not media, not journalistic and dare i say do you think donald trump's platform was shadow banding for liberals? >> trace: 's is good for twitter to do question my >> i don't think it's the right choice but i think it's very dangerous, a lot the information we see out there whether it be from an alex jones or other people that fanned the flames that lead to either violence or conspiracy theories that are extremely offensive to people that have buried their children. >> trace: hard to believe only limiting conservative voices though seems to be a problem for a lot of people, even a lot of democrats because they think it's just not fair play. i want to move on if i can to the brittney griner thing because, fred, congressional

congressmen fred gallagher said this about the brittney griner swap. >> we are happy for them, happy for the family, it's a terrible trade. look at the comparison, there is no equal playing field. talking about a convicted terrorist and arms dealer, someone taking hostage for britney griner. >> trace: everyone is glad that brittney griner is out of this prison but what do you think about the trade? >> i think that was a great outcome but i had many questions about this trade. i'd like to point out that first of all when president biden announced it, he praised his administration but didn't mention that this was negotiated by saudi arabia and the uae which led them to make a statement because they are proud of what they did. i also don't buy for one minute that this had to be a one on one trade. the british negotiated the deal

in october, freed five british citizens were 55 russians being held by ukraine. don't believe there's not a russian on earth who could have been added to this agreement. there is one in germany that had been added, to free a celebrity for public relations services and i think it's incumbent foreign policy and congress has to investigate this. >> trace: the fact that paul whalen is still there, you'd think, maybe you could better have a negotiating team to get this deal solidified. >> i have great believe in our nation being able to secure americans' release. the problem with paul whalen as we know is he was found guilty, even though we find them faulty charges, of espionage, which is different than what britney was found guilty of. if we are going to talk about a free swap, to cut things here. whenever we swap out a prisoner, most people especially the russians, they are bad guys but

we are swapping out bad guys for americans to save lives to bring this people home, wanted to go. if we were to have an equal exchange, we have to have a wnba player in russia who is gay, african american, and a gold olympian bear that's not going to happen. >> did they try hard enough question michael is a martial, great to see you. fred fleitz, great to see you as well. >> trace: first up into nights' crime roundup, idaho authorities took away the personal belongings of the four university of idaho students who were stabbed to death nearly a month ago. police are returning the items now to the victims 'families. police are also looking for the occupants of a white hyundai along truck that was in the area than that of the murders but they think people in the car might have crucial information about the case. police have already gotten tips regarding that car, they have

moved the tip line to the fbi. seven year old athena strand delivering a package said he strangled her in the van after he accidentally hit her while backing up. tanner horner told investigators the girl wasn't seriously hurt by the accident, but he panicked, put her in the van, and later killed her because he did not want her to tell her dad what had happened. now he's facing murder and kidnapping charges. here is athena's mom today. >> the fedex delivery man drove onto athena's property to deliver a package of what was supposed to be a christmas present for our daughter. the package containing, it could be anything barbies. athena was robbed for the opportunity to grow up to be anything she could be. i was robbed of watching her grow up by a man everybody was supposed to be able to trust, to do one simple task. deliver a christmas present and

leave. >> at least three shootings in the nation's capital in the past 24 hours including one at a downtown d.c. metro station. the suspect pushed an off-duty fbi agent backwards over a wall inside the station and the agent and the suspect both fell about 8 feet. seriously injuring fbi agent who then fired on the suspect and killed him. in georgia, a couple tricked a walmart cashier by asking to use the cash button on the register when they swipe their credit card which meant the register never charge the card. made up a $6,000 in merchandise and gift cards. >> and now he has shown the court his back side but i'm putting him in the waiting room. >> that is one suspect who decided to express his frustration at his bond hearing by mooning the court. the judge wasn't having it and

noted the defendant "seems to be mentally ill." revoked his bond, sending his butt back to jail. the state of california is about to get cut back on generous subsidies given to homeowners with rooftop solar panels but taking away the financial incentive depresses the job market and delay the golden state from going green. the senior national correspondent william la jeunesse is live with his investigation. it's really fascinating. >> there are federal subsidies to consumers at the front end by the system and they get generous credits every month to help pay for it. sometimes in as little as seven years. but rooftop solar has become so popular in california that we have to pay other states to take excess power, even as the grid itself becomes vulnerable to blackouts. it is too much of a good thing bads putting the brakes on rooftops

solar. >> if we make solar more expensive here, it's going to threaten the affordability and availability of solar throughout the united states. >> the debate is about how much those who don't have solar subsidize those who do. >> the people without solar, they are paying even higher rates essentially because we are subsidizing those with the solar panels on their roofs. >> right now the state mandates utilities pay homeowners with rooftop solar $0.30 for every kilowatt hour they generate, whether the grid needs it or n not. a new proposal cuts that to $0.05 bit numbers that make rooftop systems unaffordable threatening some 70,000 jobs. >> monopoly utilities are trying every way of rooftop solar. >> supporters say it's about greater liability because solar is regular because sometimes there is too much, others to little risking a blackout. >> the motive behind this is to tamper down the solar

installations because we've hit that point where the grid now is so unreliable. >> both sides say it's up to governor newsom to step in. >> the governor is in a difficult position because he needs to appease the environment a list but at the same time he can't have the blackouts. >> what we are asking the demonstration to do is to stand up to the monopoly and keep solar for average consumers. >> the state is saying, we'll help you pay for the batteries. but the days, that's over. when you add ten grand to the cost of the system, the breakeven takes a lot longer of a time and it's going to crash. that is hard in a state that prides itself on the transition to green energy. >> the solar roof tops are everywhere in florida. let's get you involved in the conversation but want to bring in the former chairman of the federal chairman energy regulation, neil chatterjee.

this is the quote, saying in the editorial board about the solar proposals. the proposal will drastically shut the subsidies making it less affordable for households to go solar, hampering california's shift to renewable energy that is crucial to reducing planet warming emissions and fighting climate change grid that is not an acceptable compromise. but as william was just saying, they've got plenty of solar. they have to shovel it off to arizona to get rid of it. why would you pay for something that you no longer need? >> there are incredible business opportunities in the solar industry. we are in the midst of an energy transition in this country that's very exciting. but we have to have an actual transition. i think the problem is that some policymakers want to skip the transition part of the energy transition. there are smart sensible ways that we can incentivize moving

these technologies, rooftop solar, that don't compromise reliability. >> rooftop solar very successful here. but the utilities are solar farms and wind farms much more economical for everyone. where do you fall down on that question? >> there is a real business case to be made for clean energy. there's no question about it. but what we need is reliable affordable dependable electricity in the face of climate change. what we are seeing now is the grid is being constantly tested by extreme weather events. and the response to that is to deploy more weather dependent resources and you can see that this is a complex conundrum.

in order to transition smoothly to a clean energy economy while maintaining reliability and affordability, we've got to ensure that our stable baseload resources are maintained. >> trace: california is a trendsetter and this could be the canary in the home line of california is pulling back on its generous subsidies. it sounds like the rest of the country is going to have to follow suit. >> carley: that's typically what happens. >> that's typically what happens a state the size of california are echoed and mirrored elsewhere. so we could see that happening. doesn't necessarily have to be the case, there are other states are pursuing smart policies in this regard. there are compromises that can be had in which we can incentivize what we need, to move to this clean energy future without compromising relia

reliability. >> trace: it's fascinating. neil chatterjee, william la jeunesse. thank you come up both. we appreciate it. we are also learning tonight that stanford doctor who argued that the covert lockdowns could harm children was also put on twitter's secret blacklist but why is everyone not on board wih to get drug users to stop shooting up. next.

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something else entirely. they use these techniques because they knew the arguments were not strong enough the light of day.

argued that covert lockdowns would harm children. with us now, phd research scientist dr. w bari weiss tweeted the following here about what the doctor about a cherry argued that co covid lockdowns would harm children but what many people call shadow banding, twitter executives call it "visibility filtering" or vf, high-level searches confirmed its meaning. think about visibility filtering is a way for us to suppress what people see. the declaration was shut down because of twitter. >> exactly but when you think

about it, describing what twitter is doing on the censorship on the right. did not commented this from a political angle. the problem is dated and shut down any political opinions, they shut down people questioning the narrative that they were providing that we need to lock everybody down, close schools, they were shutting down anyone who even dared to question this, let alone propose an alternative which they did. they said, let's focus our protection on the elderly but doesn't mean don't shut anything down, those who we knew at risk and the pride down i try to prevent that? how many people were harmed because of this? >> he said that the concept is the sciences about robust debate, he's just a doctor saying that this is the best way to go about this.

that's not what science is ab about. >> research publication, what happens? there is intense debate. multiple reviewers are going to agree with each other, disagree with each other, come back to us and say you'll have to revise your paper but we think these things are wrong, why do we do additional experiments. they contact the authors, they needed medical conferences and debates. that's the way science happens, that's the way science is always happen. in particular medical science where there are a lot of shades of gray, a lot of nuances and things of all every single day. any information about the pandemic, it's not just wrong, it's criminal because it causes harm to people appear there has to be accountability and you can't let this continue. >> a wise person told me that conformity is the enemy of science. moving on, the health director

for the county of los angeles, quoting that the july covert surge went away without the mandate you have threatened to imposing your department would've taken credit of what a successful covid mitigation policy, there is no better proof that mandates are useless here. remember, they got called out, they got called out. guess what happened? covid went away and now it's coming back and we are on cycle. >> the best proof, they have data from their own population that without a mask mandate at the height of the surge, the surge went away. when you listen to the press conference, she started backing off her mandate. she was being called out again. a lot of people, myself included, putting out what we said in that letter, pointing out that we have evidence that

we don't need a mask mandate to come out of the surge because people develop natural immunity, the surge has never happened with any virus. people so committed to masking, let's see what happens. >> you must've been talking to the common sense department. public health officials in boston are taking a controversial approach to illegal drug use by giving out paraphernalia making it easier for people to abuse drugs. molly line is in boston tonight. >> the construction company sits next to the derisively nicknamed "methadone mile," a sprawling homeless and clement were addicts openly use drug sprayed >> why are we giving them pipes and ketamine? it's like giving them needles but i can give them the 100 needles we pick up. what is it doing, makes us the

central zone to get everything. >> the city's long-running needle exchange, new harm reduction strategies are passing out free pipes to smoke crack or meth and ketamine. transition intravenous needle users away from needles. >> has to be about immediately saving lives. >> boston's democrat mayor michelle will with messages governor-elect laura heatley at her side defended the plan. >> we've seen a big drop and data proven success with the parts, the goals of this program which are to ensure there is a stop to comme communicable dises that are preventable. speak with democrat city counselor michael flaherty says that he's incredulous that passing out crack pipes is the answer to what he calls the humanitarian crisis. >> the people over there, struggling, they need treatment and they need until health services. we should not be enabling those poor souls that are down there.

>> here are where the cameras are. >> points out smashed windows and says he's frustrated with a broken system. >> if they can get everything they need right here? doesn't make sense to me. >> the white house denied that federal funding directly or indirectly pays for crack pipes and safe smoking kits. >> still to come, florida homeowner takes a nontraditional approach to christmas to core. and what instrument do you think comedian will ferrell played at his son's concert? the day's best viral coming up.

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>> trace: first up in ten ninths viral videos, older man had a big smile after surviving being stuck in his car particular days. the 77-year-old got stranded after he tried to turn his truck around in 3 feet of snow.

he spent two nights in his car without a working heater. but he was found suffering only mild hypothermia. >> the snow was all the way up to my door. i'm in a truck. i've never seen this much snow and i've been here for 37 years. >> trace: imagine being shocked by a snowstorm in anchorage. it happens if the storm is a record breaker and this one was. the national weather service national weather service says wednesday was the happiest december day of snow since back in 1999. almost 2 feet of snow dropped and the owner of this dog says their pet was not having any of it. arizona mom says that she's very happy her son did not become this reptile's lunch after it snapped at him from behind protective glass during a zoo visit. said her son was dawdled by the gator's aggression but the sun is absolutely okay.

son is absently okay. think back to remember that one for this is comedian and actor wwill ferrell and broke out his signature intimate the cowbell becamewell known for playing the cowbell in a "saturday night live" skit back in 2000. got to believe the audience in san diego loved it. a florida resident says, what's up, combining his love of christmas and beer with a festive front yard showing traditional decorations along with numerous bud light boxes hanging from trees and bushes. the display was complete with signs that read "make blood budt your way" and "don't drink and sleigh." singing christmas carols and riding around and decked out golf carts wearing santa hats. they even brought happy tears to one woman for the group says the goal is to cheer up the home

bound community members. loved it. if you got a viral video to share, hit me up on "fox news @ night" on social media. whoopi goldberg giving the internet trolls a smack down when they to cancel "blazing saddles." and meghan markle joe bob delacey, i want to play the wi will be goldberg sound bite. want to get your reactions to that. >> it deals with racism by coming at it right straight up front, making you think and laugh about it. because listen -- it's not just racism. it's all the isms. he hits all the isms. leave my bla "blazing saddles alone. >> trace: for years, they been

calling it racist. it's not racist. it's taking ray's head on. >> interesting that whoopi goldberg put us in a juxtaposition who might be watching the show have a lot to say about whoopi goldberg and not a lot of it is great. in this instance, this political culture where you hate everything one person says or love everything one person says, whoopi goldberg is turning that on its face and saying, i'm a comedian and i know when things are funny. "blazing saddles" is funny. it's good to see especially in today's culture. >> trace: last month, whoopi said the holocaust was not about race and got a lot of pushback for that. and you look at things like "all in the family." would it be on today? even other shows so innocent, people were like a month that would never make it on today. >> we'll be goldberg has been all over the map. remember when she said that joe biden's wife jill biden should be a surgeon general, she is a doctor but of education. giving us the perspectives on different sides making everybody either happy or upset.

>> trace: we made fun of harry and meghan because they are everywhere. they want to be left alone, here they are, complaining about the media in the u.k. watch. >> the suffering of women marrying this institution. >> they realize they are never going to protect you. >> i was terrified. no one knows the full truth. >> doesn't make more sense to hear our story from us? >> trace: you've got to believe they love the notoriety. they are just eating the stuff up because they are always on netflix somewhere doing something. >> when they first decided they were going to exit the royal family, they thought that was admirable. the fake monarch in the first place, i was admiring the decision to do that. coming back in the wilderness,

they thought exiting the limelight was on oprah. it's like the moody teenage girl saying don't look at me, looks up and sees if anybody is looking up them. banned the christmas tree because some people said it made them feel uncomfortable and somebody send library and this and we had to [bleep] it all bleep it all over. who doesn't care about the mother f-in tree, pinning them in a lot of danger with the emphasis. it's unbelievable people would do this. the librarian said never over the years. >> how can you be offended by atrial? what are we going to be offended by next? research this a little bit, i googled it and click the first link in the christmas trees aren't inherently christmas oriented big time audit started

in egypt about evergreen trees and making sure people knew that spring would come. realistically they are being offended by the ending of winter and the blossoming of flowers. >> opening inquiries before twitter released collusion with the social media side on a conservative censorship. here is bach's dell my fox business coordinator hillary vaughn. >> elon musk is in the center of attention in washington. prominent democrats on capitol hill are too. chris murphy calling for the federal government to investigate the twitter purchase over national security concerns. asking for musk for more details after someone was able to create a verified account impersonating the senator. tweeting, congress must end the era of failed big tax self-regulation and passed laws

that put user safety over the whims of billionaires. democrats are unfairly targeting musk. >> you aren't allowed to talk if they come after you. if you open up the flourish, like mr. musk has done, they are going to come after you. >> musk's upgrade to twitter headquarters being investigated for possible code violations after musk put beds in some offices for employees. wasking the mayor of san francisco, the city of sf and tax companies providing beds for retired employees but where are your priorities? as musk continues to release company files detailing what led twitter to censor the hunter biden laptop getting advice from old twitter

boss jack dorsey urging musk to put it all out there but replied to dorsey saying that some data has been hidden or deleted but everything they do find will be released. trace? >> trace: isn't it appetizing to watch somebody chew with their mouth open? turns out open mouth sures could be reaping a big benefit. mindy kaling things most of the characters from the office would be canceled today. grab a glass. the nightcap crew ways in next. a must in your medicine cabinet! less sick days! cold coming on? zicam is the number one cold shortening brand! highly recommend it! zifans love zicam's unique zinc formula. it shortens colds! zicam. zinc that cold!

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>> got a big one tonight. back with the nightcap crew. first topic, "the office" and cancel culture, says "the office" would never be on tv today because he couldn't do it in this climate. what other show might not make it? >> you know, i think two things. some things are timeless. am i not supposed to lead read "last of the mohicans" because of the stereotype of indians? these are comedians and i thought comedy was tasteless and offended everybody. >> it could be made today given the right platform in the right

producer and right cast but it'd be very risky and i'm not entirely sure. i think a show that wouldn't be able to be made today is that old disney show "even stevens" where they had the main character with probably some mental problems and they made fun of him a lot. >> i'm going to take you back always. "all in the family" and the jeffersons. they'd never have those shows because the humor back then was timely and relevant and sort of was a nice snapshot of where ameamerica was in the time. >> "leave it to beaver" wouldn't be there because of the. >> there were some serotypes that we are seeing in "seinfeld" that would be offensive today but the biggest driving force of comedians and a actors are sayig things normally wouldn't say. everybody needs to let their guard down and let that comedic nature continuing to thrive off. >> trace: your assessment? >> i was in residency medical

school when "the office" was erring. if i had any time the last thing i wanted to do was watch a sitcom, i'd go on asleep or date. if there's one sure that wouldn't air today, it'd be "the cosby show" and you can probably guess why. >> that's a fair assessment. kevin corke, i am not sure if you are in favor of watching people who chew with the mouth open but there's a new survey that says when you chew with your mouth open there's a benefit because the food taste better. doesn't make you want to chew with your mouth open? >> ain't nobody got time for that. i don't want to hear that, no parent wants to hear that were see that. >> exactly. >> there are things you do in private, things you do in public. if you want to do it, that's up to you. >> you did not shoo with your mouth open. >> can i give you my wife's my number so you can call her about the study because i get in trouble for that sort of thing all the time by her and i wish it'd stop. >> that she she with her mouth open?

>> it's my number one pet peeve. this is a public service announcement for your try with your mouth closed. >> there's a disease where people go crazy hearing people chew. there's no treatment for it and pe >> trace: that's america's late news, i'm trace gallagher.n the impact of what we do, youd better have, wfifty millioe havd with so many amazing causes and made a difference. (brentd this year, subaru and our retailers will haveu donated over two hundred and fifty million dollars to charity. it's about more than just selling cars. >> the subaru share the love event going on now. a heart attack. do they have life insurance? no, but we have life insurance.

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