attack, or death. learn more at getrealaboutdiabetes.com >> greg: we're out of time. thank you to our guests and our studio audience! fox news @ night with trace gallagher is next. >> breaking tonight, oregon wants homeless tents to be untouchable even if they're on a public sidewalk. jason is here with that the covid border policy also known as title 42 is about to end and the white house has a plan. it's just not a plan we expected. but we begin with angry lawmakers on both sides of the aisle. they're angry because the u.s. government is surveilling americans, millions of americans without warrants. with more on the fiery

testimony, let's get live to the white house correspondent kevin corke in the nation's capitol. >> reporter: rare partnership on capitol hill tonight as members of both parties were talking about progressive democrats, even conservative republicans. they're all demanding answers about how and why the government apparently is snooping on its own citizens without justification or legal authority. that after new revolutions disclosed today -- revelations disclosed today that your government has collected the communications information of millions of your fellow americans without legal justification including phone calls and text messages. many of which they claim were obtained, "by mistake." >> i lose sleep over the 3.4 million warrantless searches of americans' communications. while reports indicate the fbi conducted fewer queries in 2022,

it still made roughly 559 searches per day. >> now the pfizer court found querrey information has already been legally required and is not considered another search under the fourth amendment. >> reporter: this is not new if you've been following this story. you know this has been happening for years. in the meantime, in his push to fight a potential 22% budget cut to his agency, fbi director christopher ray argued mistakes not withstanding, surveillance programs are necessary to help combat an onslaught of chinese hackers, for example, which ray said today outnumber u.s. intel operatives meant to head them off by a 50-1 margin, however, for all of ray's bluster about the need for essentially the status quo, doj inspector general michael horowitz admitted, yes, there's still a major problem out there. >> compliance has certainly been far from perfect and that

transparency effective internal controls and rigorous internal and external oversight are needed and critical to ensure -- >> reporter: needed and critical and certainly something more people need to be talking about. by the way, that provision we heard a lot about today known as section 702 relates to government surveillance. it's actually set to expire at the end of the year unless something changes congressionally. trace, we'll keep an eye on this. i think this is one of the underreported stories that needs a lot more attention. >> trace: the key phrase, kevin, this has been going on for years and it has. kevin corke live for us in d.c. thank you. tom is in to speak with us. going on for years, as kevin says, fbi searching americans' cell phones, their text and e-mails and electronic communications and, you know, the whole thing is a lot of these are mistakes. what do you make of all of what you heard today?

>> well, you got accommodation of -- a combination of a government that doesn't care about the rules. they don't care if "mistakes" are made. there's the political component where you had donald trump and others improperly targeted using this same process where the courts found there was something wrong just beyond accidents. they did it on purpose and they knowingly abused the process against the warrants. this is a dangerous time where you have the fbi accidentally spying on you and then the fbi directly spying on you or targeting american citizens because it looks like they're on the wrong side of the biden administration politically. >> director ray said this today, tom, -- i thought you might find it entertaining at the least. watch. >> i've turned over the entire leadership team since i joined the fbi. i've put in place all kinds of new policies, procedures, trainings, systems enhancements

all to re-enforce that top-line message i was describing to you a minute ago which is that we're going to follow the facts wherever they lead no matter who likes it. >> trace: yeah, tracking people to the ends of the earth, tom. hunter biden not withstanding, tracking everybody around. what do you make of that? >> we had information at the fbi -- an fbi agent or two hid information about hunter biden just before the election in 2020. you have the fbi targeting parents. you -- we just sued with catholic vote today or yesterday -- i think it was today or yesterday, um, for records about the fbi's targeting of traditional catholics. you know, wanting to spy on churches and parishes. the idea that the fbi could be trusted in light of all of these abuses, you know, he's asking for $11 billion to get 37,000 people working at the fbi.

13,000 special agents. that's the size of many country's armies. >> i just wanted for to you expound on that i have 30 seconds for you, tom. we're talking about catholics, traditional catholics and the memo that the fbi leaked that literally is categorizing them as racist, white supremacists and violent people. where do we stand? what's the recourse on this, tom? >> they pulled the memo after it was leaked but we're asking for the documents. what was behind this? who was authorizing this? how was it handled? is there other type of investigations like this that's happening? they have been giving us the runaround. garland's office has been giving us the run around and ray has been giving us the run around. now we're in federal court over it. >> which, again, more runaround for you. tom, great to have you on as always. thank you, sir. >> you're welcome, thank you.

>> three army pilots was killed after helicopters crashed in central alaska. each apache involved in the crash was carrying two people according to an army spokesman in alaska. we'll keep tracking this breaking news for you and bring you confirmation and updates on the conditions of the soldiers involved in the crash. oregon democrats now working on a new bill to decriminalize homelessness in public spaces, in other words, a tent would be considered a private home even if it's on a public sidewalk. and the homeless would be allowed to sue for damages. jeff paul is live with a closer look at the proposed right-to-rest act. jeff, good evening. >> reporter: trace we went throughout all 10 pages of this bill. the authors, according to them, they're decriminalizing arrests. it allows them to sort of let local governments and police get a better grasp to address the root causes of homelessness but the bill, if it were to ever

pass, goes beyond the decriminalization of living on the streets. it'll give homeless individuals the right to sue if harassed for living in public spaces. the key words there are public spaces. that means these rights extend to any property that is owned by the state or the city that is used by the public. now, one advocate in oregon who spoke to fox news tonight says he's worried something like this could open the floodgates and cause the state's homelessness population to explode. >> this is backwards thinking. this is the kind of thinking that got us this mess in the -- us into this mess in the first place. what if the homeless person is blocking your storefront with the ability to serve your customers and you ask them to leave politely. if they feel harassed, do they get to sue you? >> reporter: back here in california, the homelessness crisis continues to intensifies specially when it comes to the rv encampments. community advocates in one area of los angeles county report there's been as many as 20 fires in the last few days. some suspect arson. there are reports of people who were living inside getting

burned and some dogs not making it out. trace, this is something in an area i've been to personally. we've spent a day out there with the l.a. county sheriff's deputies. we'll have a whole story on this next week about why it's happening and why it is so hard for the county, the city, everyone involved to stop it essentially. >> it's amazing. jeff paul live with us. jeff, thank you. let's bring in ktth seattle talk radio host jason. jason, just to pick up where jeff left off there. right-to-rest act it says here, "a person experiencing homelessness has a privacy interest and i a reasonable expectation of privacy in any property belonging to the person regardless of whether the property is located in a public space." what do you think? >> it's utter insanity. it's only going to make the problem worse. the reason why the homeless situation is so bad not just in oregon but california, washington, new york, all across the country, is because there are no consequences, because

we've allowed people to continue to sleep outside without feeling any kind of pressure to go inside. there is this belief from activists on the left that you have a right to a home, that this is a human right. housing is a human right. i don't know what that means because housing can mean different things to different people and right now, unfortunately, the basic thinking is if you're not getting some nice studio apartment at a minimum, you have the right to sleep wherever it is you want to. for me, i think it lacks compassion. we should be bringing people inside, getting them into a system so we can actually help them. >> trace: we see the same thing in california. the more lax these laws become, the worse this homeless problem becomes. we've talked about the transgender sanctuary states like minnesota and washington but oregon now wants to be a transgender sanctuary site for minors and the law reads in part, quoting here, "hb2002 puts the state on a path to becoming a gender-affirming sanctuary for

minor who has seek gender-affirming drugs and surgeries but live in the states that ban the interventions." in other words, they want to make sure the kids can come from all over the country to oregon and get the surgery if they need to and they can't suit doctors afterwards if something goes wrong. >> exactly. welcome to the club, oregon, because washington just joined that club today. what this does is lure kids away from their families. these are kids who desperately need to have better relationships with their families. have conversations about their gender identity, any kind of confusion rather than allow some adult to basically convince them that they have a different gender, that they should move forward and go through a surgery that they are not prepared for. these kids are going to be broken by these moves and i guarantee you there's not a single oregon democrat that's going to be there to help that kid put those pieces back together. >> trace: not one. i want to get your take on president biden and his cheat sheet. not sure if we have a shot of it but the latimes, of course, the

question was from the "l.a. times," the "l.a. times" now saying they didn't give the white house this question but, boy, it was very close, jason and they got the information somewhere. not sure where, but they got it from somewhere. >> maybe they cheated themselves and they stole the notes from the reporter and gave them to the president. i think most of the -- the reason why this isn't becoming "the biggest" story of the day, even though it should be, is you've got left wing media outlets including the "l.a. times" interested in helping joe biden. they're going to do their best to try to cover for him. sure, they'll ask a question or two about his age but ultimately what they're going to do is make excuse after excuse after excuse because they don't want donald trump in office again. >> trace: see you later on in the night cap. thank you. >> thank you. >> trace: the fox news @ night commonsense department says sometime in the next 12 hours, the california air resources board will vote on whether to ban the sale of new diesel big

rig trucks by 2036. the goal, of course, is to switch entirely to electric big rigs in hopes of cleaning up the air but in the push to clean things up, did anybody with the air resources board bother to check in with the trucking industry to see where it stands on technology for electric trucks? because common sense checked in and the information wasn't encouraging. turns out, electric big rigs have two big problems, they cost a bunch and they don't go very far meaning every day truck owners will spend 2-4 hours charging their rig assuming they can find a place to charge their rig. right now, the electric truck charging infrastructure is almost nonexistent and if you didn't know, electric big rig charging stations are 10 times the size of electric car charging stations. and you would need thousands of stations, and for the record, those stations would draw their power from the california grid

system. common sense wonders how a grid system that right now is unable to handle demand on a hot day plans to handle an extra 20 million electric cars, and 2 million electric trucks. republican lawmakers are pushing back tonight against the biden administration's plan to subsidize the mortgages of risky home buyers at the expense of more responsible home buyers. lauren blanchard is live in d.c. with more on this developing story. lauren, good evening. >> good evening, trace. a g.o.p. bill introduced by representative stephanie would roll back a new biden administration policy set to go into effect next month that would increase mortgage fees for borrowers with larger down payments and higher credit scores in order to subsidize higher-risk borrowers and make home buying more equitable. >> i went from homeless to the house of representatives and i had to work extraordinarily hard to build a credit that was worthy to be able to purchase a house and buy a car. >> reporter: the federal

housing finance agency director says to be clear, the series of steps taken by fhfa to update financing framework will bolster safety and soundness. this comes as a new fox news poll show that many think the economy is in bad shape. 70% of voters say that the economy is getting worse for their families in 2017, 30% felt the same way. the last record high was in 2006, plus, republican senator ted cruz and representative byron donald are working to eliminate the consumer financial protection bureau which currently serves as a financial watchdog. it adds unnecessary regulation, stifles business and is a "an utter and complete waste of government spending." their legislation first obtained by fox digital would repeal the bill that created the agency. trace? >> trace: good credit bad, bad credit good. it gets a little confusing. lauren blanchard live for us in d.c. thank you. the biden administration is now

getting ready for the expected surge of illegal immigrants when title 42 ends. that's the covid policy along the u.s./mexico border. nate is in brownsville, texas. >> reporter: today, the biden administration revealed how it plans to deal with the end of title 42. >> it's an approach focused on making migration more safe, orderly, humane and unadvancing the interests of the american people. >> reporter: the u.s. will open migrant processing centers in latin america and deport inlet injure able migrants from title 8 banning hem from re-entering the country for five years, this as legal migration will expand including for migrants with family in the united states. the administration hopes to double the amount of accepted refugees from the western hemisphere. >> we're dedicating specially-trained refugee officers to the centers. they will interview applicants for the u.s. refugee admissions program and provide for the swift processing of a greater number of individuals. >> the administration's cvp1 app

will offer more appointments for migrants. border patrol admits the app is having issues. >> we've gotten a lot of complaints about the app not working and everything else. the thing is, this app is geo cached and it's got limitations. >> reporter: cvp is preparing for a migrant rush. >> we continue to build our resources in preparation for that. we've seen massive surges before in the past. >> reporter: president biden is also authorizing the secretaries of defense and homeland security to call members of the ready reserve into active duty to fight the constant international drug trafficking that's happening at this border every single day. trace? >> trace: nate along the border. thank you. let's bring in former acting homeland security secretary, the america first policy institute executive director chad wolf. always great to have you on. i want to play this out from cochise county, arizona. he was briefed. he was asked if he was briefed by the feds about what happens when title 42 ends and he said

this. >> they're not speaking to sheriffs. i can promise you. sheriff cohen and i were just in texas last week for meetings. no operational plan was shared with us because i don't think there is one. >> trace: if they're not sharing the operational plan with the sheriffs in these border counties, who are they sharing this with? is there a plan to begin with, chad? >> i think that's the problem. they haven't been sharing with law enforcement now for over two years. i think the plan they lay out and certainly you reported on there is a plan to just continue to process individuals into the country. whether you talk about processing centers south of the border or talk about processing centers here across the border, what they're not doing is actually trying to solve the problem. they're trying to solve the illegal behavior and trying to deter the illegal activity at the end of the day. i think that's what most americans want. they want this problem solved. they don't simply want more and more of these individuals coming into the country and being processed quicker and faster the. but that's what the secretary is

laying out. he's talked about processing centers and talked about refugee numbers. he's not trying to solve this issue. he's not trying to slow down the surge. he's just trying to facilitate a more and more into the country quicker and it's just the wrong approach. >> trace: yeah. i want to put this on the screen. this is a new fox news poll. it's biden's treatment of illegal immigrants. you can see the middle line there, not tough enough, 60% now say he's not tough enough. that's up from 55% in november and my question to you, chad, is can you imagine what that number on the left would be if the other networks and big newspapers were actually covering this story down on the border? >> well, not only covering the story but actually telling the truth about what is going on with the biden administration's policies. look, they're not doing this -- and this isn't occurring by happenstance or chance. this is a plan that they have put in place and it's one they continue to execute on but they, again, have no interest in actually enforcing the law and

solving this problem. the american people are tired of it. that number shows they're growing frustrated with it. they're growing frustrated with this administration and it's only because, you know, we've got places like fox and others that are actually covering this issue at the end of the day. you've got a new house majority in the house of representatives, republicans that are holding hearings on this and are passing bills. we haven't seen that for two years. this is what oversight looks like. >> trace: yeah. it does. we cover this every single day. the washington examiner said the following, quoting here, "texas state troopers deployed by governor greg abbott stopped 8,721 human smugglers." the texas governor. where's the federal government? about 15 seconds left for you, chad. >> they're absent. they've been absent. i think texas and other states are seeing this. so you shouldn't have to do this. there should be a partnership with state and federals. you don't see that right now. you see the federal government absent from their on job. it's required state resources and facilities that they don't have and they don't have it

planned on and it's a shame. the federal government needs to step up and the biden administration needs to do their job. >> trace: chad wolf, thank you, sir. >> all right, thank you. in the meantime a new study shows the cities where murder rates have spiked and they all have something in common, four letters starting with b. later, is being a bully a good thing because there's evidence that bullies have successful careers. would you trade kindness for a little success or money? let us know on social media, twitter and instagram @tracegallagher. weigh in. we'll show you the best results and read the responses in the night cap.

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>> trace: a judge is now delaying a decision on whether the massachusetts air national guardsman accused of leaking highly classified intelligence documents should be held in jail until trial. prosecutors say 21-year-old jack kept an arsenal of weapons and said on social media that he would like to kill, quoting here, "a ton of people." court filings raise new questions about why teixeira had such a high-security clearance. first up in tonight's crime crisis round-up, police recaptured one of four inmates who escaped jail this past weekend. they caught jerry rains in texas today. a second escapee died after a two-hour gun battle with police on wednesday. the other two remain on the run. police now say they'll release the manifesto written by the transgender shooter who massacred six people in a christian school in nashville last month but no time frame yet on when the manifesto will be made public. prosecutors say the massachusetts man accused of

murdering and dismembering his wife believed she was having an affair. they say brian walsh hired a private investigator to prove her infidelity prior to her death. walsh pleaded not guilty today. in los angeles, robbers targeted a taco restaurant. they posed as customers and then tried to steal the cash register. workers and a man eating food tried to jump in and stop them but the customer got his head knocked into a wall. the thieves made out with about $400. in san diego, a 52-year-old man was attacked after he tried to wake up the suspect who was unconscious on the floor of a gas station. the suspect slugged his victim repeatedly and left him with facial fractures, a broken arm and a concussion. finally in new york, an unlicensed teenage driver crashed into a school bus head on after losing control rounding a curve. the accident left four people with life-threatening injuries. well, new numbers tonight showing the nationwide crime crisis is costing more american lives than it did two years ago.

the study from wallet hub shows the average homicide rate in 45 of the most populous u.s. cities has risen 10% since 2021. let's bring in criminal defense attorney bob. it's always great to have you. i want to put the top five on the screen if i can because they have one thing in common as i said before the break. we're talking memphis, tennessee, new orleans, louisiana richmond, virginia, washington d.c. and detroit, michigan, all blue cities with democrat mayors. apparently, they have the wrong elixir, the wrong remedy here, bob. your thoughts on what is happening? >> trace, having been a prosecutor that ran 37 law enforcement agencies for about six years, you know, you have to look at a balancing -- there's a toxic cocktail that's going here with regard to criminal law issues. it's as as follows: covid wasn't a good thing. we see that in the calls we're getting right now. more bizarre, more violent, more off-the-hook mental issues going

on a fentanyl crisis that's out of control. homelessness that can't be resolved and then at the same time, you have the morale of the police in the tank with the defund the police movement. cops are afraid to intradick them feel their careers and lives will be on the line so you really have the bad situation at which you have societal issues that are not being taken care of and you have police departments that are either underfunded, defunded and can't do the job to eradicate the crime and prosecutors who are allowing 1/3 of the people committing most of the crimes out when they're arrested so this is not a way to do effective law enforcement, and, trace, last point, you can always reform bad police misconduct. we did it. we were one of the models in the country, but by the same token, if communities don't have safe environments, they don't have businesses, they fall apart. >> trace: it's a fair assessment. on the police enforcement there, the mayor of miami, francis suarez, said the following to fox news. "it's a tale between two types of cities where elected officials believe the rule of law and public safety are the

foundations of a free and prosperous society versus in other types of cities where elected officials fail to uphold the law, refuse to enforce the law and blame those who refuse to follow the law as the cueses of crime in maye -- as the causes in crime in miami, they're investing differently in cops." it seems to be working. >> if the police officers are doing things the way they should, intelligence-led community policing, you'll have a domination of crime -- you're protecting the constitutional rights of citizens. that's a win-win. >> trace: it's interesting to look at this not one of the top five cities but crime is out of control there 2019 up 61%. 2020, 75%. 2021, 96%. 2022 seems like they got a break at 45%, bob, but you look at 2023, the numbers are going to

sky rocket again, and they just keep voting the same policies in place year after year. >> first of all, prosecutors are supposed to enforce the law. as simple as that you don't have an obligation. you swear a constitutional oath to do that i worked in the city as an emt and prosecutor. these poor people, mostly law-abiding citizens v to live with their doors shut because their kids can't walk to school without having crime-related issues, businesses are shutting down, it's really a disservice to those communities. >> trace: bob, good for you to come on, sir, thank you. now for a fox news exclusive, we have just gotten a family photo of convicted killer scott petersen sharing a light moment on a video conference call with his family from pr prison. it comes amid news that petersen has filed a new appeal of his headline-grabbing 2004 murder conviction. here is the senior correspondent laura ingle. >> reporter: fox has obtained this exclusive photo of scott

petersen with his family taken during a video call from san quinton state prison last year. petersen is actually sitting in a concrete cell in this photo. that's a virtual backdrop behind him showing a simulated window and trees. it's the first time we have seen scott petersen behind bars outside of his multiple mugshots after his arrest in 2003. it's been 20 years since his wife, lacey who was eight months pregnant, vanished from their modesto home on christmas eve. petersen was found guilty of the murders and received the death penalty which was overturned in 2020. now, he's in prison without the possibility of parole. on april 19th, he filed a new petition in a california appellate court seeking his release. the 800-page document lays out six claims, some involving what petersen and his family members are calling new evidence about a burglary across the street from the petersen's home around the time lacey vanished which they believe will exonerate him. >> this is all evidence that the

madina burglary occurred the day lacey went missing. >> reporter: his sister-in-law janemy petersen told me in february they still believe he's innocent. >> no one has ever given a scenario that fits the evidence and explains how scott could have committed this crime. >> reporter: i asked the retired detective who worked the case about the theory. >> 100% no. no way we'd know. those guys, they polygraphed, they confessed, they went to jail and gave us all of their info. we confirmed their alibies. >> reporter: petersen who lost access to his previous lawyers at the end of december hopes to be assigned new counsel to address these new claims in his appeal. trace? >> trace: laura, thank you. you can check out laura's in-depth look at the scott petersen case. it's reporter's notebook now available on fox nation, well worth the look. in the meantime, members of a sorority have sued after a transgender female was admitted at a wyoming college. that's next. but first, an unexpected serenade from the president of south korea. and the surprising serenade that

soothes this fussy baby. the day's best viral videos next. ♪ the all-new chevy colorado is made for more. bring more. ♪ do more. ♪ see more. ♪ and be more. ♪ the all-new chevy colorado. made for more. ♪

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sign up for the genesis story free of charge at learnfromhillsdale.org today. >> trace: first up in tonight's viral videos, massive hail in texas made this man's pool look like it was boiling, actually. the ice was kind of the size of baseballs with lots of golf balls mixed in. the storm also dropped more than three inches of rain in some areas. they can use it. >> we're sorry. this car won't let us move. we're not driving! >> there you have the moment a driverless car put this couple right in front of a parade. police tried to redirect them but the couple had no idea what to do with nobody in the driver's seat. waymo eventually got it all sorted out and the car out. >> now for a goose on the loose at fordham university's campus in new york.

the bird laid claim to part of the road, right? if you get too close, the bird attacks. those who ran afoul of the fowl had to run and hide behind a tree. the tiktok user who posted this called it their entertainment for the day. that person is right. ♪ a long, long time ago ♪ the day, the music dies ♪ [cheers and applause] >> trace: so ♪ bye, bye -- can everyone sing along with it. south korean president says "american pie" was one of his favorite songs in school. he gave a rendition rendition in the state dinner. this baby just goes gaga for beats. she practically rocked and shivered with excitement as

momma brought the juicy red vegetable closer. she was chewing before the food was even in her mouth. enjoy it now, momma, because she'll hate those beets some d day. >> this momma says she might have listened to the song "get low" one too many times when she was pregnant. now it's the song baby needs to quiet down. it seems to work. maybe the south korean president could hum a few bars. if you have a viral video to share, send it over on foxnews@night on social media. brand-new fox polling tonight on what americans think about recent rulings on abortion. let's bring in our panel. welcome, both. i want to put this up. i really found this kind of interesting. i'm going to start with this one.

this is abortions should be legal illegal. 56% say it should be legal. 43% say it should be illegal. if you look at the next poll, it says access to medication abortion, 65% say it should be legal, 30% say it's illegal. it kind of gives me this notion that some people don't really believe medication abortion is actually abortion. they kind of think it's something else. is that a fair assessment? what do you make of that? >> yeah, i think it's a very fair assessment because there has been an onslaught of misinformation, propaganda from pro-abortion media, from pro-abortion politicians, from pro-abortion medical groups saying medication, abortion -- the chemical abortion doesn't end the life of a trial. it's a medical treatment. directly taking the life of a child is homicide. it's not medicine. you can love and care for both the mother and the child. you don't need to resort to abortion to directly killing a

baby in any medical condition. there's thousands of doctors who agree with that despite what mainstream media narratives say. i think it's a big -- it's a result of a lot of propaganda. that's why live action, our mission is to educate people about what chemical abortion actually does to that baby. minds are changed when we educate people. >> i would echo exactly what she said. i think there's a huge misunderstanding of what it is. i want to quibble with the poll but i don't want to. fox is a very, very good poll source. what it didn't say is what the difference between a plan b pill and an abortion pill is. those are very, very different things. i would say given the polling on whether or not people think abortion is legal and if you extrapolate that through the trimesters, a lot of people seem to be misunderstanding the questions. i don't think most of americans are where they say they are in this particular poll. >> trace: there's a lawsuit against the university of wyoming brought by kappa kappa gamma sorority.

they're suing the university because they allowed a male to join the sorority. part of the lawsuit reads, "an adult human male doesn't become a woman just because he tells others he's got female gender identity and behaves in what he believes to be a stereotypically female manner." they've got a good case here do you think? this is one of those really touchy issues on a lot of college campuses around the country. >> it's only a touchy issue, trace, because people have compassion as we should for those that struggle with gender dysphoria but the solution for somebody that struggles with gender dysphoria and things that they're transgender is not to stick them in the opposite sex space and say they're not who they really are and say they're not their own biological sex. it's to give them mental health treatment and support so they can become at peace, their mind and body become in harmony with each other. not to destroy their body to face the mental health issue they're facing. it's to make sure that people

who have gender dysphoria get the treatment they deserve. >> trace: we have to be careful about really opening these spaces because that really has become a problem in not just sororities but in shower rooms and etc. >> well, look, i'm all about expressing yourself however you want to do it. if you want to dress hover you want, i honestly don't -- however you want, i honestly don't care. at the same time you can't do everything. i want to play in the nba. i'm going on 15 years undrafted. it won't happen for me. you can express yourself however you want. if you're supposed to be a -- if you want to be a sorority sister and you're a mister, it's not something you're supposed to be doing. >> trace: thank you. would you admit to being a bully? would you give up kindness if it made you rich or successful or a little bit? there's still time to weigh in on twitter or instagram @tracegallagher, the night cap crew -- kind of a hot topic -- coming up next. sometimes, the lows of bipolar depression

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>> trace: we're back with the night cap crew. kevin corke, jeff paul, lauren blanchard, jasonrants and joe. tonight's topic is bullying beneficial? research shows bullies actually do pretty well in life, you know, money, power, money, they

often have high self-esteem and lead successful lives. would you ditch a little bit of kindness if it got you where you wanted to go, lauren blanchard? >> well, let's not forget about a little thing called karma. listen, it's good to be assertive and confident but never at the expense of somebody else. it's just not worth it. >> trace: really? if someone said, listen, just be mean to a couple of people and i'll give you an extra 30% raise. i mean, you know, it works out like that. anything? >> it'd be tempting but, you know, i'm hoping i would be the better person here. >> trace: kevin corke, i know you're going to come down on the right side of history on this thing but i'll tell ya, you look at some of the studies and it's awfully compelling when you think, man, just a little bit of meanness could get you up the company ladder in a hurry. >> i'm not big enough or smart enough to be a bully. so -- i don't know what that would be like. honestly, i think there's a little temptation. you're right. someone said, hey, listen, you

can be the multimillionaire if you're a bit in of a bully -- a bit of a bully versus driving my used car. personally, i don't think i would do it. >> trace: i think karma one of those things where you think something is going to come back at you even if you're successful. jeff paul -- and the whole question is because they did this study and they compared it to, you know, to monkeys back in the day and how they were aggressive and sometimes kindness really helped them but for the most part, aggressiveness benefited them. >> i could see them benefiting from it. the long money, -- the long list, money and success, there's one thing missing, happiness. it's like the movie scrooge, you have everything in the world but you're unhappy because you're a mean person. >> trace: is that the original scrooge? >> i'm thinking bill murray. in tv world, we could relate. >> trace: we asked twitter and instagram followers if some bullying is beneficial. most agreed with y'all, yes, 26%.

22% instagram. by and large, they said, na h, i think you're better off being a nice guy. >> being a brown guy with a hill billy name like joe bob, i've experienced my fair share of bullying. i don't think i could do that to other people. i turned out more resilient, i think, so that's a good thing but overall, i would say probably not the right move to make. >> trace: interesting, tammy woods says there's no reason to bully anyone ever especially to make yourself look good. jerilyn dawson, not beneficial for anyone. it's short-term success at best. soon others decide to avoid the bully altogether in business and in personal life. jason rantz, bully or no? >> so there's a fine line between bullying and being aggressive. so, for example, earlier today with my producer, i was calling him names right in the middle of other people and i threw a coffee in his face and everyone is like, why are you bullying him? i'm like, he did something wrong and he'll never learn. i need to be a little

aggressive. >> trace: and look at where you are, jason rantz our case is made. birthday thing to my young daughter, lila grace. happy 19th birthday. i love you. great stuff. don't ever be bullied. thank you for watching america's late news, fox news @ night, i'm trace gallagher in los angeles. we'll see you right back here for the friday night fox news @ night. st. that's service the way we want it. >> singers: ♪ safelite repair, safelite replace. ♪ and we could see exactly when they'd arrive with the replacement, we could trust that service the way we want it safe that we pay safe , like we place this for this day. >> jj, never miss a beat. today, orderer edible come or come in store to get your perpich for muscle cramps and spasms. >> their works absorbs quickly

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