out of time. thank you kelly and mike baker. --next >> thank you good evening everyone and welcome to america's late news. fox news @ night i'm trace gallagher in los angeles. >> breaking tonight were gettin new insight into the cooperatio between the fbi and twitter about the hunter biden laptop story the latest edition of the twitter files in moments. ukraine says akiva is under a new assault from russia by way of a writing and may drones

targeted critical infrastructure . tonight why one expert says we need to keep funding ukraine or risk a wider war across europe. >> new images from the southern border shows us several hundred migrants crossing illegally int eagle pass, texas as of the supreme court temporarily leave at title 42 in place and that i where we begin tonight with tea fox coverage. how american cities are preparing for the incoming floo of migrants that first kevin corke on the white house reaction the supreme court's temporary hold title 42. >> temporary indeed title 42 is supposed to end in a couple of days in a wood to the white house, is actually the courts that went to let the covid 19 public health authority that allows border agents to turn away illegal immigrants at the southern border. tonight, the united states supreme court has stepped in to at least for now allow the policy to remain with chief

justice john roberts given the justice department until 5:00 p.m. wednesday too file a response. >> it's beyond belief that that we are having to appeal to our supreme court to do something the biden administration should've already been. >> mixed emotions it's almost a stay of execution and part of i what frustrates me is here you have the greatest country on earth that we have to rely on a covid air policy to enforce an immigration system. >> cities along the border have been absolutely scrambling in preparation of a possible searc of illegal immigrants if title 42 were to end. dhs estimating the number of daily arrivals could top some 14,000 but the white house is passing the buck they say it's republicans who should shoulder the blame for the crisis especially if the officials in the biden administration don't get the $3.5 billion that they wanted to throw at the problem. if it they are serious about

republicans in congress are serious about securing the border, they should assist in making sure the men and women a the dhs have what they need to get it done. >> tonight the department of homeland security says it will continue preparations to manage the border in a safe, orderly and humane way when the title 4 public health order left. i want you to know it is of tha statement as set does not say f it says when title 42 lets something to keep an eye on wha this all means is that the us supreme court could issue a final decision on title 42 that could come as soon as tuesday night. hours before it's midnight expiration. we keep a close eye on that. >> will get back to you if it happens kevin corke live in dc. new york city mayor eric adams is filling the crush of illegal migration firsthand as maggots continue to arrive by the busload in the big apple.

jackie upon yes is live with th breaking details. >> good evening. new york city on high alert as you said as of the city prepare for the potential end of the title 42 border policy wednesda which could open the floodgates of her more than 1,000 migrants to enter new york per week that's according to mayor eric adams who said in a statement sunday were in urgent need for help and it's time for for our state and federal partners to act. a request for assistance have been mostly ignored and while the new york federal delegation has repeatedly advocated for funding to be sent back to new york city, many in congress about republicans and democrats have refused to lift a finger. adam said they need money or else the city will be forced to curtail crucial programs of thi as shelters in the city are running out of resources arriving by the busloads. >> since republican governors have been sending migrants to new york more than 31,000

asylum-seekers have landed in the big apple new york is one o 25 states that provide state-funded programs for immigrants despite eric adams calling the crisis a national problem. >> this is a national problem and a national government has a responsibility. >> the sad reality as even afte such a long and treacherous journey to new york, where lending a second migrant who arrived in the city has committed suicide. >> the calling the incident a heartbreaking tragedy. >> awful. jackie live in new york thank you let's bring in tonight's panel jonathan fabian uc berkeley law professor and former deputy assistant ag john you. >> think you for coming we appreciate it jonathan you firs a supreme court reported keepin title 42 in place for now it does not appear as if the biden

administration is really in a hurry to respond to. >> i think it's caught them off guard because if you listen to the spokesperson today before the state was issued, they were talking about sort of bystander to the court order and had nothing to do but that didn't have an opinion to weigh in on title 42 they were going to let it happen beyond their control and other force to put a position on the paper out there there as to what their position is and the truth is, they support the end of title 42 the been trying to get rid of it since last may in this is the last step before a complete ope border which is what they want. >> i want to talk about the pictures because these are from 20 gonzalez the texas representative who took these the shelter supposed to hold ma be 8,000 they got 4,000 plus. it is a mess. the press secretary at the whit house said this today. i do want to go back for a

second teacher immigration question. one of the reasons i want to be very clear to folks at the border is not open and we will remove using title eight is because by not being very clear on that were doing the work of the smugglers who are going to put forth misinformation we wan to be very clear on that piece. >> a kind of gets deeper and deeper now it's the smugglers and republicans were the ones that misinformation about about the border being open. >> the biden administration is trying to escape responsibility for the policies that itself is supporting they have already tried to end it title 42 and were stopped by a district court . they also ended the room remain in mexico program which require asylum-seekers to wait and also stopped construction of the border wall. this is all lead to predictable results. this last year set a record of

2.4 million people trying to ge the country illegally which is almost five times more than president trump last year in office and double the highest level there ever was under president trump. it's a court that is forcing th is of the biden political policies. >> is exactly what it is we could go on a kid it role numbers by you all night long but it's not just republicans complaining anymore now the media is on it and democrats look at to listen to joe mansio when he said. >> actually sorry i'll read thi it is there is an immigration crisis at our southern border that is unlike anything we have ever seen while i am pleased by chief justice john roberts orde that will invert a disaster temporarily, it is not a permanent solution at least he' being honest. you have democrats across and u there in texas there honest but if they're in the northeast, they're not as on a still being honest on this.

>> you have to give him credit he does have an election i don' know if he's running again but this issue affects everyone and mayor adams the clip you played of him was interesting because new york city so many of these cities have done everything the can to encourage illegal immigration. and this idea that somebody should give him money, he is part of the problem and they've encouraged this and it truly is an elitist issue. they're always happy with it as long as they're not paying the cost. forty-eight people go to martha's vineyard and it's the biggest catastrophe ever. they should pay the cost. they caused the issue. >> at all falls apart when you send them to martha's vineyard. you know when i get your take o the breaking news congress referring president trump for criminal charges at the doj i want to play this and get your response on the other side.

>> i would hope they would not bring charges against the forme president. the actions and words on januar. i don't know that it's criminal to take it advice from lawyers. >> now it's up to the doj your final thoughts. >> the congressional referrals have no legal weight placed no obligation on the justice department again like the immigration issue we should remember it something for which president biden and attorney general really politically responsible whether to charge president trump with crimes i did not see anything in today's release of that showed effects that connected president trump to the january 6 riot. in discussions explicitly between him and the people carried out the attacks without that i don't think you have enough rape prosecution. >> law professor agreed with that. thank you both.

>> meantime the fox news @ nigh commonsense department is havin what yogi berra would call déjà vu all over again meeting democrats are again trying to readjust the narrative. remember when democrats demande weedy from the police and when it turned disastrous they pivoted and said it was really republicans who wanted police defended? another subject is the border and after watching millions of migrants come across well along with thousands of pounds of fat no immigrants realize it is an unmitigated disaster and so the narrative needs an update. and who better to tweak the message that abc news? >> i don't think i've ever hear president biden say, we have an open border come on over about people i have heard say are you former president trump. rhonda santos. >> she never heard him say it. common sense knows well martha has been in tv news for a while clearly knows about things like

videotape including video of jo biden saying what he claims he never said. >> i would make sure that there is we immediately search the border all those people seeking asylum they deserved to be heard . that's who we are wearing natio that says if you want to flee. you should come. and that that wasn't a famous joe biden gap he said come on over more than a guy have the price is right says come on dow but things on the border are about to get worse if it's possible and news networks are now spinning the blame. or as yogi berra would phrase it , i never said most of the things i said. meantime, he new batch of twitter files revealing more about cooperation between the fbi and social media giant on the hunter biden laptop story. maryann rafferty is like to hel us break it down. there is a lot to unpack on this . a lengthy series of tweets.

michael shellenberger explains quote how the fbi and intelligence community discredited factual information about the force dealings both after and before the new york post revealed the contents of his laptop on october 14 of 202 shellenberger goes on to say that everything in the article was accurate and within hours the sense of the new york post article preventing it from spreading and more importantly undermining its credibility in the minds of many americans. why is that? what exactly happened? tweeting the article was identified as russian this information working both inside and outside twitter to steer th narrative. >> more investigative work need to be done but this looks like kind of psychological operation you would see the cia conductin in foreign countries not something that would see

intelligence agents in the united states and perpetrating against both news organizations but social media platforms. >> now after all the revelation and must shelving out $44 billion to protect free speech, he ran a poll asking if you should step down as ceo? and backlash including suspending several journalists he accused of dotson him over 17.5 million people voted in that pole. she 7 percent voted to step dow as head of twitter musk was a bit careful what you wish for you just might get it and that leaves many of us wondering who will replace them. >> i think this is a man with a plan he's always got a backup plan. >> meantime new reports battled at the x founder sam bateman he may be on his way back to the united states after he agreed t be extradited during a wild day in a bahamas courtroom. his appearance was a surprise t his defense attorney who told reporters that bateman freed a

great extradition on his own accord and against the stronges possible legal advice. still no word on when he might be extradited. first step in tonight's california crime roundup police busted a group of catalytic converter thieves in santa monica when they made the mistake of using power tools at 2:00 o'clock in the morning a wide-awake resident called police who caught the thieves with four previous catalytic converters along with the power tools to remove them. suspects in a car opened fire i the middle of the afternoon on some juvenile boys. they missed their intended targets but it killed an innocent bystander a mother of three. police eventually tracked on th suspects and believe it was gang-related this affected car thief and led police on a chase around los angeles the suspecte drove recklessly and hit speeds above 80 miles per hour they drove it through what appears t

be a bike lane that nearly spun out doing a u-turn and sped through numerous intersections before bailing on foot. the suspect appeared to get awa it is still unclear if anyone has been arrested. compton a family narrowly escaped getting shot on the way home after a christmas party at their church they saw a house fire and stopped to help about government approach them and opened fire and what police cal a field attempted robbery. >> hears the mom that got graze by a bullet be met they were chasing us and it still shooting . i'm sure they emptied both of their magazines on us. i counted about like five or si bullets hitting the car. as soon as i felt that i was hit , i looked behind me because my child was directly behind me and i was afraid she was hit. she was okay. that was the last thing anybody would expect with the trying to do something good. to get charbonnet.

>> could you imagine the suspects remain at large. at the criminal activity in california as a part of what is given the state a bad rap our next guest is here to tell us why the golden state is worth saving melissa that the giver coming on senator we appreciate your time. your group writes the following is california the golden state or whether gilded state going o to say quoting were taking and of taxpayer money to accomplish pretty much everything we set out to do however when compared to other states, we ranked 49th for affordability 47 for education and 46 for infrastructure no wonder a 2022 study by top agency argues california is one of the worst states to live in. how exactly do you intend to change that? think you for having me on and it is a tough task ahead that's for sure. i will tell you after spending

ten years in the legislature an watching it lobbyist after lobbyist common to committee hearings and advocate for or against belzer. there's no one coming forward advocating just for the basic average california. all of the lobbyist to comment all these they're paid to be there. you will see them in one committee hearing whether advocating for a bill that help truckers in the next week you see them in a hearing and their advocating against a bill that helps truckers. it's a bit schizophrenic and what we are saying is working t be talking to legislators were not lobbyists we will talk to legislators and talk to their constituents and making sure that people know exactly the policies we are coming up with that make life better for californians as you don't see the kinds of stories that you just ran about the rampant crim in california and high cost of utilities. >> incentive educate sing the

california has fighting for i'm a native as well and i know thi date the topography you name it is exceptional. you wonder why hundreds of thousands of people have left the states and then you would look at your neighbor county of san bernardino and the headline reads that california has a fifth largest county votes to study secession amid the crime crisis and soaring costs. >> what would you say to your neighboring counties? stick with it? >> that's not the first time something like this has come up and it's a very dense--will he be successful? that remains to be seen. the state should hear what they are saying and take it seriously . if an entire account he wants t secede from the state, that should tell you what you're doing is not the right way to g and listen to the people were living under these burdensome roles look at all the people wh

are fleeing this estate the state they grew up in the recen families and they have a business and in their leading and there's a reason for that. >> drive-by santa monica third street promenade there is a big sign in at said monica is not safe out side mental asylum is what they call it santa monica we might know to the rest of th country is may be the most liberal city in the country and when you're fed up in santa monica, you are fed up. >> i will tell you my husband and i were just in hollywood an the pantages theater a few week ago and were walking down the street probably four or five million-dollar condos all along the sidewalk or homeless encampments attend after tent after attempt this is not what people envision when they moved to california when they raise their families when they visit california. what message does that say to our tourist?

we have enough money to solve all of these problems. has to be spent at the right way . it's about time and organizatio comes forward like our his and says this is what needs to be done here's the data and research here is the science yo guys need to get it done. >> i work at 9 miles up from my house and drive through 11 homeless encampments to get her to the studio. you got your work cut out for you best of luck for you thank you for coming on the season of joy peace in her friend is holiday is upon us in the colleagues at the weather forecast is under a blizzard in the arctic blast that will follow could lead to potentiall life-threatening conditions all the way up until christmas day across the united states. >> as ukraine is about to enter a second winter of war, the cit

of kiva under siege from britai attacks. that's next

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>> breaking tonight ukraine say russia launched a 30 by iranian made drones before dawn with more than 20 targeting the capital city of kiva gradient forces shot down most of them i the attack comes as russian leader vladimir putin travels t belarus a country that provided his troops with a launching pad at the start of the invasion. nate boy is it there tonight. >> has intensified fighting continues in the east, russia i again targeting keeffe with its third airstrike in six days.

>> this morning ukraine says that five of the total 35 iranian made drones evaded air defense against damaging critical infrastructure. >> during three people and that leaving three districts entirel without power. >> we have deficit of electricity are around 50 percent. >> a puritan soviet square tonight lighting the annual christmas tree present nicholas day. a celebration for more modest a in previous years. >> russians try to steal normal life but we don't get the chanc to steal the biggest holiday christmas for our children. >> this on the same day russian president vladimir putin with his regional ally belarusian president alexander lukashenko. >> russians shoulders are conducted drills as ukraine

prepares for the possibility of belarus entering the word directly. we are again allowing russia to attack ukraine from the north. he is a grateful prayer defense systems are provided by key allies like the united states h says his top priority is of the safety of ukraine citizens as w near that 300 the day of this war. thank you for more on the breaking news into ukraine let' bring an council official under george w. bush and the managing director at beacon global strategies michael allen. it's always great to have you o i want to put this pull up on the screen it's from november but it still pertinent because they're sing republicans at 48 percent think you're doing too much for your grade 35 percent say where doing enough and only 17 percent say when not doing enough of. that's 83 percent of the thing we are doing too much or just right. that's a big number but you say

we have to continue to support ukraine or we could risk a wide war across europe. >> that's right. first the american people have been quite generous. i think i hope the american people understand this is our national interest and that's because world wars start in europe and if it was not for th ukrainians, the russians could be threatening nato which could bring in the united states. at the end of the day, i think especially since us troops are not involved and we haven't los any us soldiers it's good to have crane in the fight strong against russia so that russia can't roll westward and threate us interests in europe. what you're saying is ukraine b doing this is bleeding russia o manpower of materials? >> they are. in the fact that there being bled of this fantastic army and

there in decline is good for th united states, ultimately. we will be able to pivot to asi and be able to make sure interests are looked after thei inlets face at the russians hav always been a geopolitical bow of the united states they try t thwart what we do all over the middle east and all over the world into the degree ukrainian are taking them on for ultimately for what is to .6 percent of what the united states spends annually on defense anyway. that's a good deal to have the russians at capability being degraded by the ukrainians. >> you look at president zelinski and listen to what he says he's not saying we need status quo he is saying we need to up the ante. >> the key task for all of us now my task and that a breach o our governments and officials i it that one support for your grade next year just remains at the same level as this year but

increases. precisely under the indicators that are necessary to strengthe our defense operations. >> he wants more in what would you say to him? >> i hope we could get him more. there's a pure case to be made to be critical of the bided administration that they've bee too cautious and they've not been playing to win. they arguably are not sending over enough of what they need and without the right lung rang of further back where they are hiding out and the rest and so hope the administration will step up give the ukrainians wha they need because of their suffering and ultimately it's i our interest as we pivot to asi to have a russian decline in being degraded by the ukrainian armed forces i got a go-ahead about 20 seconds but it was fascinating is that a victoriou ukraine actually helps us when it comes to china can you

explain it? >> i can. if they are now best of friends a bosom buddies and that they are against an american way of life it. are there against a freedom openness and of democracy and i it russia loses, china loses. we need to keep focused on that aspect homeless alliance that's postured against the united states. >> always great insight to give her coming on. >> big q. new surveillance video related to the murders of four idaho college students is being seen by many in the public for the first time. it shows it to the victims kayl and her best friend at walking from the corner bar to the grab a truck hours before they are brutal killings. it's not confirmed, but on the video it sounds as if one of th girls is asking another about a man named adam watching listen.

chelates father tells everythin adam was their bartender and fo now he is not a suspect it is now been five weeks and the killer or killers remain at large. a film maker has now decided to undertake a monumental project. to honor the first women and outer space but first it may look like radar, but it's a tec heavy rescue. plus, what happens when a truck kilt filled with cooking oil flips over? today's best viable videos are next

>> inside of cheer in the midst of a war-torn land when ukrainian soldiers and police donned donned a sick nicholas costumes today and visited children and families and some of the hardest hit areas of the country ways and it smiles even to bomb shelters is a little jo in the start of what looks to b

a long winter. a dramatic scene out of florida when the driver of a tanker truck lost control it flipped over each checking the driver and passenger and disputed cooking all-wheel all over the road. it somehow the driver and passenger got up and ran away. amazing they suffered only mino injuries apparently they were not wearing their seatbelts in massachusetts a toddler went missing but thanks to a drone armed with it thermal technolog within 15 minutes a police foun the girl it's the dot at the to of the screen. without the combination of tech nt market, the outcome could have been much different. a different kind of porch a pirate in north carolina when a black bear stole one of the snacks a woman left for her delivery driver that bear did not leave the package he actually stole the package of bagels already sitting on the woman's doorstep turns out it got delivered after the residence left the house and th bear was on quite the picture

from doggy daycare in the uk that decided to make a differen kind of living nativity scene with the dogs who posed for the video complete with mary, josep the shepherds and an angel. the daycare is that the dogs ar used to dressing up and they do it for birthdays, easter all kinds of things meantime massiv scenes of joy across argentina in the world as fans celebrated their win over france superstar lionel messi clenched his first and likely has world cup championship argentina beat out france with penalty kicks after they tied 3-3 at the end of extra time and if you have a viral video to share, hit me up at trace gallagher or out of fo news @ night on social media. bruno tonight after four years and announces inside mars lande mission is coming to an end to nearly 30 person team posted a personified message on the

twitter page monday that said quoting my power is low so this may be the last image i can send . many people are looking to tear that she is down next guest is making new ones that are out of this world. a filmmaker steve barber it's great to have you on. this is a quote from the upi ed says and answerable end of 2022 with several back-to-back achievements with the history books from breathtaking images taken by the james webb telescope to the river further demonstrations to their flight on mars the ingenuity helicopte also marked the launch and return of the unmanned artemis one omission with later flights going to take humans back to th moon by 2025. the whole concept is as excitin spaces exciting elon musk masse back in they gave you have all these different things going on people are hyped up and what yo do is starting to resonate. >> it's beyond excited to get t be part of a second space race.

i was able to partner with some of the greatest cultures in america. and i visioned the apollo 11 nobody built and i don't know why but i was the guy who was able to bill and raises $750,00 for that one. immediately after that was another. >> and have been at a to b with a pandemic hit there were no women 25,000 women who worked a nasa and 75 had flown in space. i thought sally right the first american woman to space. >> we said earlier first women in space first american you gotta clarify up how do you get the okay? and that how you get the fundin the funding sally ride was $300,000 i was able to get some support from man some money was one of my sponsors i get on the phone 12 hours a day and i just

call ceos and say look you're making tons of money this is about patriotism, story, legacy. i raised $225,000 for sally wer going to unveil her in june. we could use more donations but it's all nonprofit and who give the okay i go to the family and i say listen your astronaut was a great american hero i went to build their legacy and most of the time they say yes. >> your work is exceptional you watch the process but the work is exceptional over all its vanilla fire.com you want to look at it and visit him it's kind of interesting because you're building monuments at a time where you we tear them down . we met there is no downside now going to build the first hispanic woman in space in the first african man there's no diversity whatsoever there was not a woman astronaut until i built it six months ago. i have new artistic flair whatsoever i can't joy stick figure but these unbelievable artists out of colorado are

certainly the best in the countries cuba but somebody has to put it some buddies got a make sure it's a very good partnership. vanilla fire.com great to have you on the best of luck it's at the reagan library june and fight everybody out june 18 father's day come see us will bring her home 40th anniversary. >> uso priest well-known for hi input abortion activism is a priest and a more after the vatican said social media posts or blasphemous and he frequentl disobeyed his bishop is the chief religion correspondent. >> our work will be stopped or message will be silenced defending the unborn with a passion the vatican claims has been probing. these been removed from the priesthood and a letter to us bishops the vatican saying father was found guilty in the proceedings of blasphemous commit occasions on social medi in a persistent disobedience of level instructions of the dialysis and bishop well-known

in the media pro-life at rallie his methods could be over-the-top once of putting an aborted fetus on an altar he also strongly supported donald trump as a pro-life president why denigrating catholic politicians like joe biden joe mori says the punishment does not fit the crime even if he's guilty of both things, throwing her out of the priesthood is an overreaction. >> the link the online letter some call it my refusal to turn away from that work disobedienc i call that faithfulness. >> these crimes but neither of them is subjected to the penalt of dismissal from the priesthood . i think the punishment is excessive and harsh there's no chance of repeal with father murray said pope francis of personally approved as reaction. his vocation and life is to be priest in a pro-life leader and won't walk away from either

after 90 days of deliberations that disgraced hollywood film producer harvey weinstein was found guilty of rape and other counts of sexual misconduct the jury was hung on several other counts including charges involving the wife of californi governor kevin newson a new survey on how long americans could tolerate spending time with their families. >> it lands on a specific time limit. can you guess? the nightcap crew is here with that next on that coaster here is your bo weather tuesday forecast. fairly quiet going into tomorrow . this week will be all about what's going to happen as we head into the day wednesday. look at all the snow right through christmas. feet of snow very gusty and other locations you can keep up with it all by downloading the weather app or streaming box weather from your favorite connected device

back with the nightcap crew. first topic, did you spend time with the family this week and o ignore them to watch that wildl can of sports? i gotta say i was up skiing mis the world cup because it was on the mountain was empty.

and that made me happy because there was not a solar rental after the the gig was over your kind of a soccer fan? >> i am but i am a sucker for him i did not watch it but i di watch the recap and i can appreciate that we was in the penalty kicks to win in a penalty kick, what a nield bite and it was up and down the whol game. i can appreciate what happened have three kids i was chasing them around. >> the dumbest most spectacular play have seen in years he read is it raiders into england at that the game is on the line an what are they doing? they throw the football they do the alley-oop what was that? they were trying to do the old stanford play rugby with the football to see how close they could get this going on there and times would you do that pla coming you threw it backwards s he throws it backwards it gets picked up by the writers guy goes the other way on a scale o

ten, ten being went to get away like that commercial that was a ten. >> i got my charges in the playoffs temporarily. >> i did i'm good friends with rudy and he told me he's like football it's never over until it's over. any thoughts on the football game? >> i can totally relate to what jackie said i have two boys tha did not get to watch it. >> your last-minute 2,000 americans surveyed on how long they could spend with their families before needing to get away. take a moment that's what you get away. >> what's the exact time, jackie ? sixty hours. at 2.5 days. >> ten minutes stephen i love m family i spend more time with them on facebook than i do and the holidays from new york and stay here be met dinner only. four hours. >> the answer on the screen and

is three hours for the four minutes. kevin corke i'm gonna put these as the bay concerns here's the big concerns that lack of privacy, family getting on your nerves and drama between family members. great staff and has always and that they give watching america's late news fox news @ night am trace gallagher in los angeles. you back your tomorrow even the triple double. yet you still wake with the neck pain, back pain and zombie brain, it's time to break your sleepless cycle with nuzzle. the nasa inspired pillow that provides zero gravity support. the secret is thousands of nano coil fibers each one pushes against gravity at the microscopic level to gently support your neck and cradle your head for feeling a plus

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