we are out of time thanks to paul morrow, douglas marie, kat timpf, jimmy failla, ariel pink our studio audience. >> good evening, everyone. full come to america's late news , "fox news @ night". i'm trace gallagher in los angeles. the us is now on patent to brea the record of migrants at the southern border. yet secretary mae arcus says numbers are way down. we will explain his math. it us touches the southwest border getting stunned by the impacts of migrant crisis. new york city says it cannot take anymore. we are live in new york for the latest on this.

>> doesn't sub single meal migrants on the screen camped outside the watson hotel in protest as the city demanded that they pack up and make spac for women and children migrants. shelters have been set up and summon the men refused to go even trying to negotiate with city officials. the brooklyn site and accommodations are unacceptable. >> the food was, it wasn't that decent meal for a human being. it was damaged. it was ruffles and chips. it's practically making people go backwards. there's no moving forward with all the important strides he made. >> city officials say more than 42,000 asylum-seekers have arrived in new york city from texas this last spring. the city resources as a relates to shell shoot -- shelter and food and other services. at was when thuds see --

csf to try to -- we must get this resolved but there is a crisis right now and it should be court made by the national government and we need to expedite the right to work because it is just unfair to cities like el paso and new yor and chicago and washington to have this burden. >> the month of october and november and december, border patrol in the el paso sector ha a 231% increase over the lame -- same time last year. >> life in new york on my jacket , thank you. refusing to check out of a manhattan hotel. were trained by a journalist to spend the border 25 times. and national border patrol council president brandon judd. brandon coming to you first pag you commended this can -- they commended this country illegally and they are being allowed to stay in this hotel and now they are complaining because the accommodations are not what they thought.

your thoughts on this. >> why not. they were taught that it is oka to violate our laws. they were taught that our socia norms mean absolutely nothing. when they cross the border illegally and there was no consequence for violating our laws, they were -- of course they're going to thin they can get away with anything that they can. they do not believe that our laws need anything and we taugh them that they are going to pus back against anything and everything about us taking everything that they want. that is what we taught them. >> the thing is on the flipside people forget that new york cit is a sanctuary city. they incentivize this. that asked for the smell of the got it, you heard near eric adams say we can't take anymore. >> exactly. here is the thing, new york cit and even mayor adams have a signal about how they're going to file a federal immigration

law. you want to go with that route, you have to get the full experience and that is why when he finally started feeling the pressure that many have felt fo a long time, now he's like i don't want to face the consequences of my own actions. for me it is like you bought a ticket so you have to ride the ride. it is that simple. it is not surprising at all tha they would go ahead and protest and take that course of action. >> he makes good point. the whole concept as this is what el paso and the other border towns have been going through for two years. there's hotels were people are sleeping on the outside of it. they had entire hotels filled with covid patience and the mcdonald's next door. it's been going on for two year and people said that is the way it is. >> i live on the border and i see this every single day. i live with this nightmare nic with abided eye ministration is that in how they turned our law

upside down and simply do not care. now that it is going to new yor city, i'm grateful that governo abbott send all those people to new york city because when eric adams says something, now the mainstream media has to cover it . and then you're going to get flexion from mayorkas saying that apprehension is down. when you compare apples to apples, they are not down and that god always are up. so you see this continually and the consul he tried to deflect and blame it on somebody else. it is wrong to expect the american people to deal with the . >> you're talking about numbers than we want these on the screen . a cvp is on pace for 2.6 millio migrant encounters for you see the number on the left. that is 4.5 million. that is since president biden office -- took office and we are on pace to break a record and this dhs secretary said this today. watch.

>> we have seen a tremendous drop in the number of encounters . an important element of this is the fact that people gain the ability to work so they are not calling upon local resources to support them. >> oc took the context out of there. he took the whole context for h said encounters are down and later on i mean from haiti and cuba and venezuela. so it doesn't work like that. therapy disingenuous like alway with the numbers. >> absolutely. i compare to what you have a vote that has 100 holes in it and dhs is breaking about were covering up 50 holes page you still have 50 holes that still need to be fixed. the ship is going to sink. it is like trying to put toothpaste back in the tube picked. this has been going on. there trying to make an effort to fix it but two years too late

. there's been tremendous things done in terms of the laws and people being able to come in illegally and people who are profiting and have profited in major ways over the past years. it is great that numbers are down but also got a ways. that has a long way to go. >> i have to point out that you miss that these are most -- mostly peaceful protest that is a good one too much. >> next city employees have reportedly face mandatory training inspired by critical race theory and if they don't comply by march 6, they could b out of a job. crt maintains that america is and always has been structurall racist and classifies people based on supposed privilege. a source familiar with the racial equity trading tells fox news digital that when they tal about equity, they mean looking at people through a different lens, which goes against the

idea that we should treat everybody equally. and for more on the backlash in new york city tonight concernin crt, let's bring in the author of come on man, fox news contributor joe concha. it's always good to see you. a senior fellow at heritage set the following about this crt training. it says do not look at each other as fellow human being. look at each other as members o these identities, these racial identities and if you are not white, then you must have a grievance against what is being done to you. if you are white, you must feel ashamed and get rid of your unconscious bias. it feels detrimental. >> completely. we just celebrated and honored martin luther king a couple weeks ago remember what he said in his post famous quote, to judge man by the content of his character and not the color of

his skin. crt teaches the exact opposite of that. crt as an elective course of college, i wouldn't have an issue of that for your average university if it's elective but to make it mandatory in the workplace or in classrooms and the high school, that is abuse of power because these employee know if they say, no, i'm not taking this course then that results in them losing their jo or impact a potential promotion of these cases. >> trace: police officers do have to take it and teachers don't. it is this whole different criteria of who gets it and who doesn't and it seems to me like so hit and miss spirits. >> and what we are seeing now i new york city just last year a record number of resignations o for thousand york city police officers have resigned. is not like they are retiring. there going to smaller towns that have better pay and they

are safer to work in on their not forced to learn this sort o stuff on the job. this is the result that you are going to have police forces tha have to soften their hiring practices just to attract enoug people into the system in order to fight crime which continues to rise at alarming levels. >> of now we are coming to a full because whoopi goldberg, whoopi goldberg said this about the tyree nichols case today. >> do we need to see somebody get beaten before they do anything. i'm not suggesting that so don' write us and tell me what a racist im paradigm just asking is that what people have to see in order to wake up and realize this affects us all. >> this is the same whoopi goldberg who said the holocaust was not about race. >> whoopi goldberg said some things on this show recently that would get most people fire or suspended.

if you're keeping score at home she believes this killing of tyree nichols does, despite the fact you had black police officers and a black victim, so in this case, the people who committed this horrific crime o nichols are off the force already. they've been indicted in the same world that will never breathe free air again based on the video we've been fed and witnessed over the weekend. so for what b goldberg to imply there's nothing being done is ridiculous that what is more ridiculous is when you're sayin more white people have to be beaten by cops, there's plenty of videos out there of white victims in these situations as well. it's not a fact whatsoever but the producers and executives at abc don't care. there are no consequences for saying ridiculous things like she said with the holocaust. >> because the ratings are good. that's why they do it we do a

segment every night, the anti- view because of what they say there you have. joe concha, always great to see you. >> great to see you. >> trace: qs well put the to police officers involved in the investigation into the depth of tyree nichols have been relieve of duty. we have the breaking details. when we look at the video you knew this was coming. >> what you need to keep in min is when it comes to these other officers, it is important to point out that they have been let go but they have not been charged like the other officers for their part is still under investigation. for officer preston hemphill ha not been charged and neither ha the seventh officer who has not been identified. that video portions like the on you are about to watch here and investigators save will likely be zeroing in on. >> stop, i didn't do anything.

>> hemphill is accused of using his taser prior to tyre nichols being beaten by the five other officers that a since been terminated and charged for the five officers are shown to be punching, kicking, and hitting nichols in the video shows some of the officers talking among themselves after the beating where the sixth officer is then named. >> [indiscernible] >> two shelby county deputies are currently suspended without pay as their actions are looked at. the fire department has announced that it has terminate to emts in a fire lieutenant fo violating multiple policies and protocols. the district attorney says as that they've deeper into the

investigation, more charges are possible. >> so we are going to need time to allow the investigation to g forward and for their consideration of charges but i will say this, nothing we did last thursday regarding the indictments precludes us from bringing other charges. >> the family of tyre nichols had questions, why it took so long to announce any discipline for former officer hemphill. why it. the point officer involved was shielded and protected from the public eye. >> it would look at that light post camera, you can see all th officers down there and there are more coming and going and you know they are looking at this and thinking there might b more people in the days and weeks to come that could also b called in for questioning. standby this case is sparking new bipartisan calls for police reform. let's bring in brian claypool. we talk about this reform. i've said many times i think th reform is code for defined that the police.

take money away from them to ge the money out of their hands. you think national for reform, local reform, what is your take on this. >> i've worked on cases like this for over 12 years may have been on cases involving shootin deaths, taser deaths. and i will tell you that this i not a reformed type of case or training type of case. by the way say that? training issues are when two or three cops show up in one of them shoots because they don't put their hands up when they say . this involved all the officers who have this mob mentality. they all exhibited rage amendment that they pulled over tyre nichols. that is a systemic and departmental issue within a police department. it is a culture that has been permeated and allowed to exist because of upper management. what i see the sixth and sevent cops have been charged, what about the leadership. this is a leadership issue

allowing that mentality to permeate. >> are you saying it is a menta health issue. if you're looking at national reform, we have something. we have a national police force and it is called the fbi and they haven't done what we thought they were going to do. >> you need a change in upper management that does not allow this to happen. there was no allegation of a gang within the la county sheriff's office called the banditos. if you are looking at something you can see this happening. we need to better filter police officers and do background checks and mental health before you are hired and while you are hired. this case should be a first degree murder. >> trace: that would be intent . >> no, no, no. to let me tell you where you ge to intent. once they chase tyre nichols down and they had punched him and let's baton this guy and they do that they hold them bac

and then he falls on the ground that he is sitting there like a ragdoll and he falls to the sided nobody checks his pulse and they let them sit there for ten minutes, that to me forms intent to kill unless we want t make some change around the nation, let's charged with first-degree murder. >> you talk about mental health issues page you can't go into everything and say that as a mental health issue. >> the bottom line, there were 12 people i talked about in my story whether it was the fire department or the police according to their employers wh didn't do the right thing. what does that say about humanity in general. it is not all gang mentality. i don't think there was a mentality that they were out to kill this guy. they have to prove they were ou to kill this guy to have intent. >> i disagree with that. that could be you were me getting out of that car. when you talk about harming somebody and you let them sit there to die, that forms the

intent to kill. >> trace: thank you both. and shortly before republican-controlled house of republicans was set to phone a resolution that would end the publican -- the biden ministration house says it plans to and those official emergencies on may 11. kevin corke has brand-new information on this and does live in washington. >> good evening, my friend purchased last week the message from the white house press secretary, karine jean-pierre, set the nation is not done with the coronavirus pandemic and that there is still cause for concern. >> covid is that over. we fed clear about that. hundreds are dying every day an cases are increasing right now to it. >> keep in mind she sat down even though her boss had made this declaration to cbs just a few months earlier in september. >> the pandemic is over it. we still have a problem with covid that we are still doing a

lot of work on it but the pandemic is over. >> trace: these -- tonight the white house says as you point out it will and two national covid he emergencies may 11 of this year, more than three years after they were enacted. this comes a response to house republicans pushed immediately and the public health and national emergencies. the white house claims that any get abruptly float resulted in wide-ranging chaos then insurgency. house republicans are claiming victory with majority leaders writing a new statement, white house caves to house republican like the vast majority of americans have returned to work and pursue their lives. the biden ministration has length behind attempting to kee things shut down under the guis of covid. it is important to know that th white house has used the national emergency to defend book critics have called the student loan handouts so now we

will be watching to see how thi all comes into play when the high court hears the case on that next week. >> trace: i have a little whiplash paid its overrated speck gone back to cupid think you, my friend. >> in the meantime, the commonsense department just wants to remind you to put some time side over the next few day so you can properly watch and all the apologies that will undoubtedly start pouring in from those who said that george's voting laws were racis and meant to suppress votes and subvert elections. at the very top of the list was president by new said the georgia laws for an attack on the right to vote at jim crow t .0. it turns out that biden's doj said the law was, quote, adopte with the racially motivated purpose. then there were the big purple companies and organizations lik delta, microsoft, coca-cola who

set the lock to not match their values. common sense thinks that may be before coca-cola starts touting values, it should review the primary causes of childhood obesity. don't forget major league baseball use the law as a recen poll the all-star game out of atlanta. a funny thing happened on the way to the polls. the midterms are record voter turnout in georgia and minimal voter wait times for now the university of georgia has a pol showing 99% of georgia voters said they had 0 issues casting ballot. 0% of georgia black voters, 0% had a poor experience casting a ballot. so check your inbox for the apologies are likely rolling in. still to come, alec murdoch's defense raises the idea of a tw shooter theory as the double murder trial in south carolina enters its second week and

adjusting to the change in the workforce. when do you feel you have the best relationship with your coworkers, when you are working with the office, remotely, let us know on social media and twitter, instagram at trace gallagher. weigh-in and we will read the best responses. i'd like to thank our sponsor liberty mutual. they customize your car insurance, so you only pay for what you need. contestants ready? go! only pay for what you need. jingle: liberty. liberty. liberty. liberty.

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the trial of disgraced lateral social alec murder, church jurors hearing his interview fo the best gators after his wife and son were all murdered in june of 2021. here is the senior correspondent , laura ingle. >> ability footprints and sulfone data and audiotapes of police interviews with alec murdock, jurors were shown photos of evidence take it at

the scene of the violent and gruesome murders up maggie and paul murdoch, who were gunned down at close range in june of 2021 at the families hunting estate in south carolina. prosecutors contend that two were shot with guns that belong to the family by alex murdoch, who is facing mounting legal financial troubles at the time. across the net examination, an investigator who process the crime scene was asked if it was possible there were two shooter based on how and where the guns were fired. >> there would be two shooters. [indiscernible] murdochs attorney also suggeste up there for two shooters, one might offend there to kill paul murdoch and the other was actin as a lookout, a theory not confirmed but offered as a possibility. jurors were shown evidence of the people of the crime scene below same investigator was

question about how evidence was collected and if some of it was not preserved. >> there was some money -- it turned out to be law enforcement. [indiscernible] is not preservation of a scene? do they know what other evidenc they may have destroyed? >> i have no idea. >> jurors are heard tearful interviews with alex murdoch's in the days following the murders. he has pled not guilty. testimony resumes tuesday. >> thank you. one of the suspects in the alleged -- is now purportedly facing a separate charge in an attack on a 12-year-old girl in 2020. the most recent victim, softwar medicine brooks was killed when she was killed by a car after the attack. at attorneys that they want to set the record straight and are quote, blown away by claims fro

one of the defense attorneys that madison would not of complained about the alleged if she were still alive. first step in states round up, prosecutors have dropped four abuse charges against disgraced singer r kelly whose serving decades -- kim fox said prosecuting him on the local charges at this point would drain resources without much changing outcome the man suspected of slamming a car wit a pipe and assaulting people in what appears to be a monstrous fit of road rage has finally been arrested. authorities set his bail at $5 billion and have reportedly seized his 2022 tesla. and now dramatic video from georgia when a police officer pulled over a car got out to talk to the driver and another man stole the officers vehicle. the car thief soon lost control of the squad car in a flipped over on some train tracks with

only seconds to spare police rush to pull the suspect from the car before an oncoming trai struck the disabled car. the thief survived and is now i jail. in tulsa, oklahoma, a suspected serial burger repeatedly throw rock or brick at a stores glass window when it bounced back, he just kept trying until he broke the glass left open the door an get inside. police say he is responsible fo six recent robberies. >> that is the attempted roar o a baby tiger who just got rescued by police after men advertise the covered social media. police say the negotiated the sale and serve the suspect his stripes. outside washington dc a man pulled up to an antique store and took some bolt cutters to a

security cable and nonchalantly loaded up gorilla statues. not sure what he wants with tha but a report up to $10,000 is being reported for the guy that stole the statue, which is reportedly worth $1,000. who knows. >> chicago mary lori lyford celebrated the lunar new year b dancing in a parade. this as crime is up 61% compare to this time last year and one third of storefronts on the famous magnificent mile shoppin strip empty. parts of texas, oklahoma, arkansas, tennessee, no bracing for ice storms that are expecte to impact more than 40 million people this week. meteorologist katie gardner

joins us live with the latest o this. >> great to be with you. we got a lot to talk about here. i'm looking at the national weather service and we've got ice storm warnings from little rock to memphis. this area through wednesday morning. this line has caused a number o problems. look at all these storm reports as they populate here. a lot of ice reports and roadways are getting iced and we've been telling you not to drive for a couple of days. i'm going to show you over the last two days the amount of precipitation we've gotten with this particular line and other systems as well. as the rain comes up, to just 3 inches have fallen and that will likely refreeze overnight and cause problems for most of you further south. even as the line continues to move, that is what i am looking at. they've got family this what i as i look at this, i will say that the ice storm warnings stretched to alabama. further south you are out of th warning range so central alabam is the spot, as will be most of

the carolinas and most of tennessee as well. this line is very specific and it is really going to cause problems driving on the road. >> thank you for the update. i'm always worried about my girls down there in the alabama area. thank you very much. for the latest on the story and so much more, down low the fox weather app or stream on your favorite connected tv device th umpire state building is under fire from new york's sports fans . and a time lapse video captures the unique cloud formation in california. the day's best viral videos.ba don't miss thebym next. to sleep, so when our windshield cracked, we needed it fixed right. we went to safelite.com. there's no one else we'd trust. their experts replaced our windshield, and recalibrated our car's advanced safety system. they focus on our safety... so we can focus on this little guy.

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smithsonian national zoo in washington, dc, share this vide up their two-year-old hand as h enjoyed his outdoor habitat and showed off his unique summer style. the cub playing by himself it's a good sign to evaluate how he is able to spend time away from his mom.

if his mother is watching, she may warn him to be careful next time. >> check out this mesmerizing time-lapse video of a series of cloud as they hover around moun shasta in california. the video is over a course of three hours and shows off a pretty sunset as well. up next to the officer and a good samaritan help rescue a driver from a burning car. the carpet fire up the driver crashed into a palm tree. they were able to hold the driver to safety before the fir spread inside the vehicle. both the driver were taken to the hospital. thins of the kansas city chiefs did not hold back on sunday. some launched fireworks in the parking lot inside of air hodes stadium to celebrate winning th afc championship game and

winning a trip to super bowl 57 to face the philadelphia eagles. i wonder how their fans reacted. know, philadelphia fans did not disappoint on sunday. they crashed through the rest o the bus stop shelter. despite the fact that philadelphia police greece supposed to make them harder to climb, it didn't stop everyone from trying to get as high as a eagle. in new york the umpire state building was lit in red and yellow for the chiefs on sunday but it also turned green and white to celebrate the eagles, which did not sit well with new york's sports fans. basically everybody you new york , some called it up a trail and the building's twitter account had fun with the responses and it seems ready to light up in two weeks for the winner of the big game. if you have a viral video to share, hit me up at trace

gallagher or fox news that nigh on social media. when it comes to progress the policy, public, policy, california has become first in the nation from putting several far left practices in priority. let's bring in reform chairman -- it is one of those things where you think you look at this thin and they kept saying over and over again, here is the deal with this thing. it as of right wing conspiracy. you think, no, it is not. it is a right-wing conspiracy because i'm going to put this happen this is the san francisc quality. there expected to vote on the proposal and the banned would apply to new construction and appliances that homeowners must play starting in 2027 for most water heaters, furnaces. water heaters have furnaces to be zero nox emissions which effectively is a mandate to go electric.

they are going after stopes and barbecues and fireplaces that i all you were going to have. so people may remember two year ago the biden administration started talking about a ban on gas stove. this is set against the narrative, the false narrative that somehow your gas stove is somehow killing you. so you take all the covid mass and you shove them on the burne and you are fine. but when people start of rebelling against this nationwide, the biden administration quickly held back . this is law already in about 30 cities in california, including the city of san diego. they banned all gas appliances for new construction in august and now they're looking at $30,000. home retrofit mandates that the want to put in place with the depth line anywhere between 203 had 20 to 33. first they started out saying that gas is going to kill you and that did not fit.

gas is going to -- they say it's going to cause asthma and is no study for that either and they've got nothing left. so first the state says get yourself an electric vehicle because we have to stop pollution and then they notice the gas taxes were going down because people bought electric vehicles. now they are coming up with a road taxpayer this is the government quoting just like yo pay your bills just on how much of these utilities you use, a road charge called a mileage -based user fee is the fair and sustainable weight upon road maintenance and preservation an improvements for all californians paid it is so nice to have these people looking ou for us. >> these people are literally the. they have the highest gas tax i the country in the highest car tax and the country. we also have data last the wors roads. the politicians take the money and diverted to other purposes. now they are doing what they call a mileage tax, track and tax, where you'll be charged

every mile you drive. the city of san diego and the county of san diego, 6 cents. mile driven and they say we nee to replace the gas tax. for not going to get a reduced gas tax. will pay that on top of everything. that is $900 for every average driver at about 9,000 miles. the biden ministration has included a mileage tax pilot project in their transportation unit. >> trace: it makes you laugh out loud. the state of california, they just want a little bit of everything you have. lastly elephant a lot bids independent contractors is goin to be everywhere in a matter of time. >> a lot of people across the country do not know just what i going on on this pay the state of california and independent contractor work in our state. and independent contractors, that is that gate economy, that is the worker leading the man and decided whether they're

going to start their own compan you do 1099 work. in california they banned that they have major fights if you are caught hiring an independen contractor. is having an impact on the poke industry because about 20% of truck drivers are independent contractors. now they're saying they will no longer work in california ever heard of supply chain. it's going to come. i can't wait till all the stove are electric and everything in the house is electric and then they're going to be where we going to get the electricity. standby for the nightcap hits cindy williams who starred in laverne and shirley passed away after a brief illness. this is according to her family. her acting credits included american graffiti and the conversation but she was far best known for playing shortly opposite penny marshall in the hit sitcom that ran from 1976- 1983 paid cindy williams, 75 years old.

alec baldwin will be formally charged tomorrow with involuntary manslaughter in the depth of cinematographer hutchins. the first judicial district for charge on the film of rust tuesday baldwin's letter has called the decision a miscarriage of justice. coming up, why do you feel that you have the best relationship with your coworkers, working remotely at the office and whic generation wants to work from home the most. there is still time to win ian on twitter and instagram on on twitter and instagram on tracace gallagher in the nightcp i love the confidence. i love that i can blast this beautiful smile and make the world smile with me. i would totally say aspen dental changed my life. aspen dental makes new smiles affordable. right now, get 20% off dentures.

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we are back with the nightcap crew, kevin corke, -- i got it right the first time. the topic is the changing workforce. you want to work from home or the office for 20% of gen xers referral remote corporate seven-point for of jen c want t work remote. that is seven-point for and the want to work remote that want t work remote and yet if you made them work remote on the time, they would start looking for

another job. your thoughts on this. >> remote or in person. >> i think it's better if you can be collaborative and i love the fact that our team came bac here. have a lot of people working ou of the office. i think it's better. when i left work at my house, 100%. >> we asked the pulpit here's the deal on twitter in the office, 71% i'm an office perso and remote 29% them and instagram pretty much the same, 78%, yes of the office and 22% yes. the boomers are like can i just take one day and maybe work fro home. >> i think the four day work week, help me on this, there is a state that is mulling it over marilyn. they are mulling over ralph or day work week. life with mind. we already for ten hour days. i like coming in and i like seeing everybody but a day or two at home can't hurt. barbers that i've been working

at home for nearly 20 years i coworkers -- i e-mail coworkers daily. they don't begrudge you the benefit of working from home bu i'm telling you i miss my colleagues. you come in and you want to han out with your colleagues and go out for a drink after work. that stuff is gone. christmas parties are gone. >> you can have the best of bot worlds. covid taught us that we can be more relaxed and have a work life balance but some of this stuff is gone overboard. if you had to work and sent cisco, los angeles, downtown sa diego come up with the homelessness in the crime, definitely i i'm a stay-at-home person you don't want to put your life on the line the goat of those downtown storms really. others are going to say we need the collaboration. >> jackie ibanez. >> alec to see people in person it it depends on the day.

i've seen people in person, i don't think i seen any of you guys in person, none of you. >> no, no. he is more handsome in person. that is saying something. >> jackie, jeff, thank you all and thank you for watching america's late newsprint i'm trace gallagher in los angeles. we will see you back here tomorrow night an. unpack once and get closer to iconic landmarks, local life and cultural treasures. you can unpack once and get closer to iconic landmarks, local life and cultural treasures, because when you treasures, because when you experience europe on a viking long ship, you will spend less time getting that and more time being the viking, exploring the world in comfort. chevy silverado factory lifting trucks.

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