>> trace: we are out of time. thanks to mike pompeo. congrats on the book! buy it! julie banderas, kat timpf, ty tyrus! i'm greg gutfeld. i love you, america. >> trace: thank you, greg pretty good evening, and welcome to america's late news, "fox news at night." i'm trace gallagher in los angeles. breaking tonight, outrage on capitol hill as members on both sides of the aisle say they are unable to get a damage assessment from the director of national intelligence over the classified documents president biden had in his possession. and now even democrats say they will not be left in limbo. the white house correspondent, kevin corke, is live at the nation's capital with the breaking details. >> good evening, trace. when it comes to politics,

washington can be very much like a slow boiling pot of water. often the people who face the most scrutiny and lytic apparel, they don't seem to realize the trouble they are in until it's too late. critics say that could very well be the position that president biden finds himself in fairly soon, because despite repeated inquiries, neither the president nor his press secretary are answering basic questions about the classified documents. and certainly not in a way that's been anything close to the previous claim of being the most transparent administration in history. rather, critics argue they are continuing to, well, their track record of being the most secretive and dismissive administration in recent memory, including today's ill-fated attempt at a briefing by the dni. and tom cotton says he is going to slow down confirmation of all of mr. biden's nominees until

congress is allowed to review the classified documents found at the homes of both biden and former president trump. he's accusing the administration of stonewalling congress, and in response he says senators will impose pain on the administration until they provide these documents. and that is coming from both parties. >> it was very unsatisfying. i think i speak for every member of the committee. >> every member of the committee, regardless of democrat or republican, or unanimous in that this position, that we are left in limbo until somehow a special counsel designates that it's okay for us to get briefings. it's not going to stand. >> boy, the sharks are circling right now. also tonight, the administration has reversed field and agreed to supply powerful abrams tanks to ukraine, a major policy

reversal, which also coincides with germany's plan to send the government in kyiv a number of its leopard 2 tanks. to get the sense, trace, as we watch the story unfold, it could get a lot worse before it gets better if they don't come clean and soon. >> trace: i do get that sense. kevin corke, back to you later. thank you, friend. president biden also under fire from a group of house republicans who accuse him of surrendering our southern border to mexican drug cartels. ashley strohmier is live with more on these accusations. some are comparing the cartels to isis. >> they are, trace. good evening to you. republican lawmakers held a press conference tuesday slamming the president for his lack of leadership at the southern border. seven house republicans blamed president biden for not doing enough to crack down on drugs and the cartels at the border when he met with the mexican president a few weeks ago. instead of tackling drugs, the cartel, and human trafficking, they spoke on equity and inclusion. listen. >> if we are actually enforcing our laws, that cuts them off.

that cuts off the cartels and make them less powerful. when the president's meeting with the president of mexico and the plan they are presenting to the american people is gender equity inclusion and climate base, that does nothing to solve these problems. >> nowhere in these six pillars of agreement between president biden and the president of mexico is the word fentanyl mentioned by name. not a single time will you find the word fentanyl in the six pillars agreement. last year more than 75,000 americans died from fentanyl. >> this comes as the dea say they seized more than 50.5 million fentanyl-laced fake prescription pills, and 10,000 pounds of fentanyl powder. texas representative ronnie jackson also weighing in on the drugs infiltrating our country. >> asked the question, how many are dying in ukraine every day right now? zero. there are 200 per day dying because of the fentanyl crisis and we have the means to do

something about it and we need to do and how. >> meanwhile, 20 states are suing the biden administration over its migrant parole program and announced this month that florida, missouri, utah, and tennessee are among them. trace, back to you. >> trace: ashley, thank you. to paraphrase president biden, plenty of there there for tonight's panel. let's bring in john yoo and former deputy assistant homeland security secretary jonathan fahey. gentlemen, thank you both. texas representative bethann dein has done her homework on the border , and she had this to say. watch. >> it is a lie when it administration officials claim they have operational control of our southern border. mexican drug cartels have control of our southern border. with that control, they move lethal drugs, terrified human cargo, and commit crimes wherever they are. >> trace: john yoo, i've covered the border for 36 years.

she is spot on. the question here is the remedy. >> it is undeniable that the biden administration has failed at the border. there are 200,000 illegal entries a month. it's an all-time record, and you have already laid out the harm to the country from fentanyl. this is an important and perhaps exclusive federal responsibility that lays at the feet of president biden. this is not like a hurricane. this is not like an earthquake. this is not an act of god. there are man-made policies that can reduce them. president trump brought forward a comprehensive -- hate him or love him, he brought a company has a set of policies that got illegal entries down to historic lows. so the biden administration simply either agrees with this and wants these large migration flows and doesn't want to stop them, because they believe orders and citizenship are racist, or they are incompetent and they can't be trusted to do the job of securing the border and protecting the nation's sovereignty. >> trace: texas congressman

dan crenshaw says it's time for us to fight back. he says the following, "it's time we directly target them. mileage station will put us at war with the cartels by authorizing the use of military force against the cartels. we cannot allow heavily armed and deadly cartels to destabilize mexico and import people and drugs into the united states. we must start treating them like isis, because that's who they are, jonathan fahey. >> that's a great point that he has. we should treat this seriously. unfortunately this is administration won't even consider treating it seriously. they are the biggest fence to the drug cartels. the reason they are so powerful is because they are making so much money because of president biden's open border policy. they want this to happen. they want these to continue and they are willing for the consequent is to be people dying of drug overdoses, other crimes, instability to have massive

illegal immigration, and everything they have done has been to encourage more and more of it. they have not done one single thing to deter it. not one. >> trace: moving onto the classified document scandal now, the truth is, john yoo, and correct me if i'm wrong, we really can't judge the most egregious of these three former -- you know, the former president, and the former vice president, that had documents, until we know it's actually in the documents. and i think as americans we have the right to know, john. your thoughts? >> trace, that's a really good point and when that a lot of people are missing, which is that the most important thing is what is the harm to the national security from these classified documents being mishandled, and at the function of two things. was in the documents, and who had access to them. president biden, tomorrow, could answer half of that question by authorizing the declassification -- after they've been scrubbed -- of all the documents that have been held. let's see what president biden

has been holding ever since he was a senator. who had access to these rooms? how do these documents get out, versus president trump, lead them in a locked basement at mar-a-lago? let the american people see them come and they can make their judgments and hold people responsible instead of turning to a plethora of special counsel to answer these questions. >> trace: jonathan fahey, we heard marco rubio a short time ago saying the director of national intelligence gave us nothing. he gave us nothing, and he was very disappointed by that. your last thoughts on this? >> yeah, it's pretty amazing that two weeks ago the administration was telling us that president biden takes classified documents seriously and they are going to be transparent. both have proven to be false. at this point the only way we could find out what's in those documents at president biden's home would be, i guess, to ask hunter, because no one else would know. president biden can tell everyone, say what happened or what he knows about what happened, and what he will do to make sure things are more secure in the future. but instead of taking

responsibility, he's just ducking and dodging. >> trace: that was the remedy, just ask hunter biden what's in them. that's the whole thing. john yoo, jonathan fahey, gentlemen, thank you. ♪ ♪ well, the "fox news at night" common sense apartment can smell a double standard a mile away. it seems arizona's new democratic governor katie hobbs is continuing the policy of her republican predecessor, doug ducey, by transporting migrants out of state. but instead of using just buses, hobbes is chartering 737s. i know it sounds familiar, but hear me out. katie hobbs says her goal is different from greg abbott and ron desantis. she's going to focus on humanitarian aspects, not political stunts like flying migrants to martha's vineyard. common sense covered the martha's vineyard story and would like to point out that the migrants were all asked if they wanted to go to the vineyard, and they said yes. as you recall, the generous and

caring people who live on the vineyard welcome to with open arms... for 27 hours, before putting them on a boat back to mainland massachusetts. because, of course, they needed access to things like food and medicine. come on. common sense has been to martha's vineyard. you can't walk through a fine dining establishment without tripping over 17 doctors. but shipping them out was apparently humane. now governor hobbs is valued to get the migrants to their final destinations, unless that happens to be arizona, in which case -- you know, florida is nice this time of year. well, house speaker kevin mccarthy defended his decision to keep adam schiff and eric swalwell off the intel committee. recall that, during the last congress, democrats voted to remove republicans marjorie taylor greene and paul got her from their committee assignments. schiff and swalwell said this. watch. >> the cardinal sin appears to

be that i lead the of his master of mar-a-lago. >> in my case it's purely political vengeance. >> trace: mccarthy also pledged to remove congressman ilhan omar over her past comments on israel, but that move would need a vote by the full house. after months of speculation and a sustained effort from a coalition of media outlets, including fox news, a judge ruled wednesday that the san francisco police department must release all of their body cam footage from the night of the hammer attack on paul pelosi. the ruling comes over the objections of both suspect's defense attorney and the san francisco district attorney's office. meantime, freeze up in tonight's crime crisis, the trial of south carolina attorney alec murdoch charged with the murders of his wife and son began today with opening statements. he has pleaded not guilty. he insists he was not present at the scene of the killings. prosecutors say he committed the

murders to distract attention from schemes designed to prevent his financial collapse. chief prosecutor creighton waters previewed the state's evidence. >> neither paul nor maggie had any defensive wounds. the evidence is also going to show that they were shot at extremely close range. the evidence is going to show, it's almost like a tattoo. when you get a shot very close to a weapon, it leaves marks. that the forensic pathologist can see. >> trace: meantime, video taken by one of the suspects in the alleged crimes against lsu student madison brooks has her poorly been viewed by a louisiana district judge who noted the video shows the suspect callously laughing at brooks while inside the suspect's car, then, after being dropped off by the suspects, brooks was struck by a car and later died. the suspect has been arrested in the death now of microsoft executives nearly a year after he was gunned down in what

please call the targeted ambush. florida state attorney nelson said that the 61 year old suspect did not act alone. a law enforcement official tells fox news digital that the victim's ex-wife and her second husband remained suspects. meantime, for more on this case and other headlines grabbing crime stories, let's bring in cece moore. so good to see you, cece. i want to start with this case, because the ex-wife and her new husband, they were suspects in this, and a all of a sudden plee come out with this other suspect. and henry tenon is the guy, and i want to read this from the fox news article, because now there appears to be a connection. investigators did not disclose the evidence that allegedly links tenon to the shocking slayings, that his most recent address has a surprising connection to bridegan's ex-wife, shannon gardner fernandez. he lived a home in jacksonville

owned by her second husband at the time of the murders. so it looks like the ex and her new husband are back in the mix when it comes to this investigation. your thoughts? >> it certainly does, but we still have to wonder what made law enforcement focus in on the suspect that they arrested. and i wonder about the tire that blocked the victim's progress. where did that come from? could that have come from that home? could it have had dna from one or more of these persons of interest, or suspects, in this case? you wouldn't think of that when you maybe changing a tire or handling it, if you had been around. even if they were gloves at the time they placed it there, or when he placed it there, depending on who did, you still might have touch dna on that. also, the shell casings from the gun. we have been successful in getting touch dna off of those in some violent crimes like this, so we are not sure if dna could have been used in this

case, but i certainly think it's a possibility. >> trace: i want to move on now to the alleged rape and death of madison brooks. the district judge, brad myers, said that prior to setting bond he viewed video film by one of the suspects, and he noted it showed them callously laughing as the young student slurred her words inside the car, but does not show the assault. myers said he also reviewed video from reggie's bar near lsu, which showed the students stumbling, falling over, and needing standing prior to the sexual encounter. it's notable here, her blood alcohol was four times the legal limit. she could not have given consent to anything. >> that certainly will speak to that part of this case, but the dna could very well tell the story about who had intimate contact with her, and perhaps who did not, since there seems to be differing stories there. one thing i think is really interesting is how quickly the

suspects or persons of interest came forward in this case. i have to wonder if that is because it's starting to become so apparent that, in cases like this, you will be identified, whether it's through advanced dna technology or the advances in technology that we are seeing, with cell phone tracing, gps, that type of thing. so maybe we will see people in these types of cases come forward more readily now. >> trace: i wonder, cece, i know that rape is the charge here for these young men. i wonder if any kind of liability can be placed upon them for her death, because they dropped her off and she was so inebriated, and anything beyond that, or if that's out of the mix. >> you know, i'm not sure about that, but i can see how the prosecutors might consider some sort of unintentional death coming from that. that there was a type of negligence that stemmed from that violent attack.

so if they are able to establish that there was a sexual assault, it wouldn't be too surprised if there is some type of negligent death charge added to that. >> trace: just an awful story all the way around. cece moore, great to have you on. thank you. >> thanks for having me. >> trace: day one of the winter meeting in southern california now in the books with all eyes on the chair election coming up on friday at noon, in which ronna mcdaniel hopes to fend off challenges let's talk about that election and what it means for the 2024 cycle with somebody who will cast one of the 168 votes on friday, republican national committee, shawn steel. shawn, great to see you. after laugh, because they were down at the waldorf-astoria monarch beach. a beautiful hotel. they talk about how image was emblematic of waste deals dumb act on wasteful spending, but here they are spending $1,000 a night at

the hotel. >> i found it really expensive and i was kind of shocked by it. but we had a discount. even with the discount it was quite expensive. it meets three times a year. the numbers have to pay for themselves. so nobody subsidized any of us. harmeet was nearly when groaning with that cost. even better, $75 just to park your car, per day. >> trace: it is laguna beach, for all intents and purposes. here is harmeet on tucker. watch and i will get your response. >> we have a responsibility as a party to fix what's wrong so we can win elections. this is politics. it's all about winning and losing elections. since we have lost these cycles, we must change or we are going to lose in the next election cycle. >> trace: what do you think? is it time to let ronna mcdaniel go and bring in someone like harmeet dhillon? >> it's not. i thought there would be acrimony, bitterness, poison pen letters, people glaring at each

other. i just came from a debate early tonight between mike lindell, harmeet dhillon, and ronna mcdaniel. it was the best show i've ever seen at the rnc in many years! smart, articulate people, very effective messaging, really exciting interplay, respectful, but the most important take away, they all agreed that no matter who won they would support the winner. i didn't expect that. >> trace: which is great, but they still need a winner. that's the whole thing, people have criticized the g.o.p. in recent years for not getting out the vote, for not adjusting to the voting laws around the country. >> a couple of things. it's a big subject, but i will put it real simply. ronna mcdaniel and the rnc are responsible for electing presidents. everything else is secondary. they have elected to help the u.s. congress, but not senate races. they have picked up the house majority. that's the first time. six seats in california. so it's not a disaster. we would like to have won everything all the time, but

it's not the rnc's sole job. i can tell you the truth if you want to hear it. you want to know who's going to win? >> trace: who? >> it's going to be friday, 12:00 noon. they have to get majority vote. it'll be one vote, ronna mcdaniel. >> trace: we will find out tomorrow. do i have time to put this on the screen? we talked about g.o.p. primaries. here's the way it lays out right now. trump, 55%. to santos, 29%. pence, and five seconds, what do you think about that? >> where is mike pompeo? i think things are going to change! >> trace: that was my last thing. it's early. >> it's exciting. >> trace: shawn steel, thank you so much. up next, an update on a story about an american-trained afghan soldier who gained national attention after fox news began reporting on him, and we will sit down with our chief national security correspondent, jennifer griffin, to find out why the administration is now sending elite weapons to ukraine. and later, how acts of kindness can actually be good for your

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>> trace: we have an update tonight on the american-trained afghan soldier being held in u.s. custody after trying to cross the southern border. criminal charges against abdul wasi safi have been dropped. our chief national security correspondent, jennifer griffin, has been following the story and joins us with an update from the pentagon. jennifer, good evening. >> good evening, trace. it's a story that gained national attention after fox news began reporting on and december. a clear example of america's broken immigration and asylum

system, now a bit of good news. federal prosecutors have dropped criminal charges and released abdul wasi safi, an elite afghan commander trained by u.s. special forces, held in u.s. custody since september after crossing the southern border illegally to seek asylum. he was released from a texas prison today and is now receiving medical treatment, which he was denied while in custody. an assistant u.s. attorney asked a judge to dismiss the case in the interest of justice. wasi's brother, a naturalized american who served as a combat translator for u.s. troops in afghanistan, has worked tirelessly with lawmakers and veterans groups to get his brother freed. he appeared on fox earlier this month. >> he served alongside united states special forces, and being treated like a criminal. it defies everything i've ever known about america. >> sami welcomed the news today, thanking all the americans who came to his brother's defense.

wasi document to his journey from pakistan to brazil to the border. he went into hiding living from safe has to say half's with the help of american veterans he was still in contact with. the fbi met with wasi safi earlier this month to verify his identity and military service records. representative's mike waltz, dan crenshaw, and sheila jackson lee joined top pentagon officials in lobbying the biden administration to release wasi safi. >> this wasn't a partisan issue, it was an american issue. but how many others are in the situation? >> abdul wasi safi will now live with his brother, sami, and houston. he still faces asylum hearings but won't do so from a prison cell. customs and border patrol reports they have encountered 1,339 afghans at the southern border since september. trace? >> trace: that is good news, jennifer griffin. while i've got you, i want to ask about the news of the day, which is that the u.s. is now saying they will send

31m1 abrams tanks to ukraine. this agreement is better than anything russia has. are you surprised by the choice? a surprise that they are saying it could take months, maybe as long as a year to get these tanks into the hands of the ukrainians? >> here's what i think is happening, trace, from our reporting over the last few weeks on this issue. there was a stalemate. the germans have leopard 2 tanks that are much easier for the ukrainians to use. there are about 2,000 leopard tanks across europe that european allies have, but they were waiting for germany to give a green light to agree to send their own tanks. the germans didn't want to go it alone. they didn't want the wrath of russia to be focused only on germany. so they asked the americans if they would also be in lockstep with them and send m1 abrams tanks, which we have been told for months by pentagon officials, by senior officials in the united states, that they didn't want to send these abrams, because they are too

difficult to maintain. they require aviation fuel, they require a massive amount of logistics, they are very sophisticated, they take training that's going to take at least six months for the ukrainians, so it is not a nimble system that is easy to plug and play into the front lines. the reason there is a rush right now is that the u.s. knows that russia is preparing an offensive, a spring offensive, in february-march time frame. they want the ukrainians to be prepared for that. they want to shorten this war by giving the ukrainians all they need in terms of tanks and military equipment so they can make gains by the summer, and then hopefully the russians will realize they can't win this war and come to the negotiating table. >> trace: you talk, jen, about the wrath of russia, and our posture has always been defensive weapons. it seems like some could argue that these are more than defensive weapons. i am wondering if you think the u.s. thinks this is a protracted

war, and that maybe at some point in time u.s. fighter jets actually will work into the equation. >> i think all of the efforts that we are seeing right now based on conversations that i'm having with pentagon officials and others in the u.s. government is they are trying to shorten this war. and giving these weapons systems that we have been told at the start of the war that they would not consider, because they considered them red lines, they thought put and them red lines, and they were only sending so-called defensive weapons at first, there has been a change over time as they have seen, a, how good the military of ukraine is, and how bad the russian military is. there is more willingness to give them these weapons. there have also been messages delivered to russia saying that these are -- if you use certain weapons in ukraine, we are going to provide the ukrainians with these weapons. and you see, after the russians targeted civilian apartment buildings and have continued to

do that, there is more and more moral pressure to provide weapons to the ukrainians to defend themselves. but the idea is to give them what they need, as fast as possible, to shorten this war, not to make it a protracted war. >> trace: our chief national security correspondent, jennifer griffin. great information as always, jen. thank you. this couple got caught in tornado. what they did to stay safe, plus, and attention-hungry corgi with no respect for business hours. today's best viral videos, next. . ♪ to conquer the high road, or the off road. ♪ the gmc sierra heavy duty. premium and capable. step up to gmc with 3.9% apr for 5 years on sierra heavy duty models. we... are professional grade.

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spew on this couple and their dogs found themselves stuck in a tornado in texas. they ran from their rv through pounding rain and across the road and jumped into a ditch filled with water. the dogs seemed to think it was a fun game and jumped right in, too. it touched down nearby, but the couple and their rv survived jut fine. this corgi, dash, has little

concept of working hours or what it means, begging for attention by throwing his toys up at the desk, again and again and again, while mom and dad worked. he even managed to turn the desk light on and score a head-hit on mom. dash the corgi has over 180,000 followers on instagram. by the way, who knew that toy testing was so compelling to watch? now this, our very own tech manager, completely knocked out on the joyride in the florida keys. in going full on bobblehead mode with the bouncing of the boat. all of us at "fox news at night" are amazed that he did not break his neck. but awfully glad his trustee buddy caught it on cam for millions of his closest friends to enjoy. that's great. >> right across the street right here. i don't get it. he just walked across the street and got his own meal.

>> trace: that has to be about the shortest doordash ever. it sounds like the customer tipped the deliveryman a full $10 for trotting over the crosswalk. so the customer didn't have to leave his front porch. but hey, as burger king would say, have it your way. oh, sorry. wrong burger joint. this viral video breaking tonight, a college festival game between layla chicago and duquesne was stopped when an uber eats delivery guy walked onto the court during the action. the referee admitted this was a first for him. no word yet on how he was able to get on the court. the now legendary deliveryman was so dedicated that he walked around the bleachers for 10 minutes before he finally found his customer, a college student. the order was for mcdonald's. and if you have a viral video to share, hit me up on social media. ♪ ♪ well, madonna has made a 40-year career of shocking people, and she's done it again with a

vanity fair photo spread in which she dresses up as the virgin mary and jesus. let's get caught up on culture with seattle talk radio host, jason rantz. always great to see you. the cops concept. she dresses up as jesus at the last supper, 12 disciples, and another one as her dressing up as the virgin mary. in some of the headlines on social media, that this is outrage, but really not all that much outrage. you would think if she was mocking a different religion, if she was mocking islam, there might be a different reaction. it just seems like christianity is always fair game. your thoughts, jason? >> it's true, there's definitely a double standard here. i'm not going to pretend to be shocked by this, because this is madonna. this kind of what she does. allowing her to offend you just feeds her brand. i suppose i'm in the not easily offended category. maybe it's because i'm jewish and it doesn't have the exact same kind of impact on me, but i

just want folks to be careful not to fall into what we generally accuse the left of doing. even though i certainly understand that there is that double standard at play. >> trace: i get that, and that's the whole thing. i hate the whole whataboutism, as well. but if this was a different religion, this would be a different scenario altogether. i want to move on, because this is really kind of heartbreaking. seattle's fentanyl overdose crisis is so bad in king county that the medical examiners are running out of room for bodies. how is that? >> it's the fact that we legalize drugs here, and this is the result of that. most of these deaths were avoidable. understand that, under the log right now, not just in seattle but across washington state, if someone is caught with drugs, the first two times, an officer has to go up to them and basically offer them treatment. if they say no the third time, then they get to be put in jail. he is the problem, there is no database that tracks any of

this. thus, we have effectively legalized drugs. instead of actually pushing these addicts toward addiction treatment, they're basically saying, yeah, keep on doing what you're doing. when you're ready, we'll give you the treatment, but we won't force you into it because that might stigmatize drug user. but i am of the opinion we should be stigmatizing the drug user, because it'll help save their lives. >> trace: the astonishing thing to me, jason, while we have, in essence, kind of legalized the drugs in various spots around the country, we have also legalized the entry of the drugs, because we've done nothing to secure the southern border, and the drugs keep flowing over. then they find these little areas that happened to be little legal enclaves, and you can see the death and destruction happening on a daily basis. and the outrage, speaking about rage about religion and whatever, the outrage is nonexistent. >> i think what people seem to forget, as well, this reality also makes it harder for cops to go after the drug dealers. because when you're not able to leverage jail time over an

addict, it's that much harder to get them to turn on their dealer, which means you are putting even more resources into trying to find out who they are and where the drugs are coming from. remember, especially here in seattle, we have a depleted police force, so we don't have enough staff to go ahead and really commit the lady would like to see this be committed to. >> trace: last subject, the biggest mathematics gathering the world, which was in boston, a vanderbilt assistant process to to my professor gave a lecture, "undergraduate mathematics education and structural disruption to advance queer of color justice." >> 100% agree. i have been complaining about this for years. i am so glad someone finally stepping up. who goes to these things? it's kind of like when you see an ad for a terrence malik

movie. you would know it exists but you wonder who hates themselves enough to show up to one of those movies. you look at that and you just wonder. >> trace: you really do, you just wonder. jason rantz, good stuff as always. thank you for coming on. meantime, a controversy is brewing in new york city's night over an nypd officer video recording of people filing out of a drake concert at the apollo theater in harlem. he is the national correspondent, david lee miller. >> the nypd is accused of acting like big brother in connection with this video posted on twitter. the roughly minute-long recording shows officers at a drake concert at harlem's apollo theater. it was produced by the local precinct's social media team. it showcases efforts by the nypd to keep concertgoers safe. >> you know what we've got coming up. two knights of drake. >> the video was produced to improve community relations, but the effort, at least initially,

backfired. a reporter with "the new york times" posted a video showing an officer outside the theater recording concertgoers. that video went viral and has been viewed more than 26 million times. controversy erupted. hip-hop fans at a predominantly black then you were being monitored by police. a group called s.t.o.p., surveillance technology oversight project, posted a message on the website that said in part, "attendees are being surveilled without consent, demanding that the nypd destroyed the footage, and disclose if it had been used facial recognition. the nypd issued a statement that said, in part, the officer was taking video for an upcoming twitter post that will highlight community events. the video will not be utilized for any other reason. new york mayor eric adams, a former cop, praised the video and those who produced it. >> i encourage all of my commanding officers to be creative on how we engage with

our residents. >> despite statements from the mayor and the nypd, the controversy about the drake video has not entirely gone away. the incident has raised concern among new yorkers about the growing use of facial recognition software. trace? >> trace: david lee, thank you. my buddy kevin corke came up with this nightcap segment. how acts of kindness can actually be good for you. think about the last time you did something nice for somebody. let us know on twitter and instagram, because the nightcap is next. ♪ ♪ for people who are a little intense about hydration. neutrogena® hydro boost lightweight. clinically proven. 48-hour hydration. for that healthy skin glow. neutrogena®. for people with skin.

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>> trace: let's bring in our nightcap crew. kevin corke, ashley strohmier, and jason rantz. tonight we have come across a study that finds that performing acts of kindness can actually help improve your social well-being and even treat depression. so our question, of course -- and this is kevin corke segment -- do you go out of your way to commit acts of kindness for strangers, or decently move on? because kevin came up with the idea, i think he should be the first to respond. is it in your nature to look out to help others, or do you just kind of look away and move on? >> i look away and i do this.

no, i'm kidding. [laughter] wouldn't that be great? that would make the story even better. i was taught by my mother, it is sort of an old church saying, whatsoever you do to the least of my brothers, that you do unto me. i do try to help, but i am always mindful to watch and address people respectfully. sometimes we can walk right by it, and you never know who you are walking by. sometimes you are the best example people ever see, so don't forget that. >> trace: very good. your mother is a good person, and so are you, kevin. ashley strohmier, nice to strangers? do you tend to be afraid to do something nice for other people? >> you know, trace, and from the midwest, and when i came to new york everybody said i was too nice. i'd like to say i'm a very nice person, and i am known -- actually, not too long ago i helped an older lady who couldn't grab something from the top shelf at whole foods. i am nice, i will say that for

myself. >> trace: do you go out of your way to commit acts of kindness. strangers? our audience is apparently amazing. those numbers have changed, apparently. they have gone down. but they were at there! and some of the responses, we've got to say, we got to put them up on the screen. anthony says, "i paid for a gentleman at walgreens who didn't have enough change to buy some chips and drinks in arizona and it was a hot day." yesterday at the market, sue says, helping elderly ladies find an item. and jesse santana says helping take the trash out for a neighbor. jason rantz, have you helped anybody lately? >> i try not to help others. [laughter] before you think it's because i'm selfish or mean, which is obviously true, i refused because helping others might deny them the ability to develop problem-solving skills. i think it builds character when you get yourself out of tough spots. i wouldn't want to deprive someone of any of that. but i will say people should

absolutely be nice to me every chance they can. [laughter] >> trace: listen, a woman walked up to me with her 2-year-old daughter and said, "my daughter is choking, you got to help her," and i said, "your daughter is crying, so she's breathing, she's fine." thank you all, and thank you all for being kind and for watching america's late news, "fox news at night." what's the name of the show again? i'm trace gallagher in los angeles. i'll and it was very hard. kimberly came to clear choice with a bunch of missing teeth struggling with pain, with dental disease, clearchoice dental implant solved her dental issues. i feel so much better, feel energized to go outside and play with my daughter. i can eat anything like i don't have to worry. clear choice . changed my life. did you know that a lack of sleep can lead to very serious health problems?

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