>>. [indiscernible] >>. [applause] >> good evening welcome to america's late news. fox news at night. i am trace gallagher. los angeles. the illegal immigrant accused of shooting and killing five people in texas is finally in custody after a 4 day manhunt. he was wanted for committing another crime last year in texas but authorities couldn't find him. this comes as a biden administration prepares to send 1500 active us military personnel to the southern border to help respond to the end of title 42 and a major

surge at the border. our white house correspondent is live with the breaking news on the straight screaming 38-year-old mexican national francisco oropesa was taken into custody around 7 pm central time without incident. according to officials in texas.the culmination of a massive manhunt led to 250 federal state and local officers.now francisco oropesa who had been deported at least 4 times previously is accused of murdering a family of five. some complained about him firing a weapon near their home he responded by shooting them with an ar 15 among the victims, a nine-year-old boy. stream at the tip for the suspects location came through the fbi to client and we want to thank the person had the courage and bravery to call in the suspects location.

>> bottom line is, we have this man in custody. he was caught hiding in a closet underneath some laundry. they can rest easy now. because he is behind bars and he will live out his life behind bars. >> he will. meanwhile, what a difference a few years make. you may recall the democrats were staunch opponents of president trumps deployment of us soldiers along the southern border 2018. that was to counter caravans of migrants attempted to enter our country illegally. now, the same democrats somewhat argue are strangely silent as the biden administration prepares to send 1500 active duty soldiers to the border in addition to the 2500 national guard soldiers deployed there. this is an effort to manage

what is expected to be an onslaught of tens of thousands attempting to cross the southern border into the us as soon as title 42 expires per thus the rule that allowed for the rapid removal of migrants encountered at the border due to the ongoing pandemic. the soldiers in case you're wondering, come from a variety of active-duty army units and they will serve 90 days in most cases and they will mostly be an administrative and transport positions to get to free up law enforcement and border patrol to do their jobs right >> and vice president harris in 2018 call donald trump's move of troops to the border a political show. we all remember the change of heart. let's bring in former homicide detective fox news contributor ted williams who was on the scene in cleveland texas. ted, it's great to have you wondered i was listening to the sheriff and he was saying the

suspect in 2022, his wife accused him of assaulting her but they could not find this guy. what else are relearning down there? >> i have to tell you there is a columnist in the air as a result of the capture of francisco oropesa. he certainly was someone that the law enforcement officers had focused on with a radar manner in order to try to catch him. what we are learning is that this guy was caught as a result of the tip and he was in a laundry room under some cover when they caught him. now if you go back to friday night when he was alleged to have been shooting his gun, an illegal alien. i want you to think about this. in his yard shooting his gun the neighbors next door asked him to stop shooting because they had a baby that was trying to sleep. he goes next-door and he shoots

and killed execution style five individuals and it included a nine-year-old child that also played with the child of francisco oropesa. this was a cold-blooded killing and it's going to be interesting because there may very well seek capital punishment in the end but if he would have gotten to mexico and mexico would not have extradited him to the united states if he faced capital murder charges. >> it is the same. it is just a baffling story of how he was found 17 miles from where the shooting happened and

there is no attempt that he actually tried to make back to mexico. as the news breaks let's bring in former acting attorney general matt whitaker you talk about a revolving door at the border.he went down there was deported four times or five times he was accused of assault and then they deported him and they could not find him. they couldn't find this guy. what you make of all of this? >> each time he was deported that say crime in itself. in addition to being an illegal alien in possession of a firearm a series of crime here and each chance that law enforcement had they were able to get him on the assault charges with the wife but now we have a horrendous crime that has been committed and five souls have been lost. it's a tragedy. >> i want to play this sound by april 19 the dhs secretary alejandra mallorca >> we are working every day day and night to ensure security very soon if this was two weeks ago we have this guy coming back and forth across the

border numerous times and you have the dhs secretary saying the border is secure. we have millions of people coming across. smoke all reports suggest he wanted to flee to mexico but it was going to be harder to cross the other way. it's astonishing but this shows you how the biden administration is not serious about securing the border. >> we have 1500 military personnel moving to the border in the next seven days. what you make of that? it's a big deal whatever you send the military i don't care if they are going to the border or the ukraine when you send the military somewhere it's a big deal. >> they are going to be stuck doing clerical work supporting border patrol. the surge based on the

expiration of title 42 is going to be serious about how long has the biden administration know this was going to expire and there is no plan or new policies they just keep rolling back the policies we had in place in the trump administration that was working to stem the illegal flow across the border. >> i think it was interesting that the press secretary was answering questions ray we are sending 5000 military to the border and she said this. watch great >> when it comes to illegal migration, you have seen it calm down by more than 90 percent. i was speaking to the parolee program. the president put in place a parolee program to deal with certain prtries on ways we can limit illegal migration and we have seen, the data has gone down by more than 90 percent. that is false information. year to date it is actually up 10 percent if it was down 90 percent they wouldn't be sending 1500 troops to the border at the end of title 42.

>> you are right.that's the problem with the white house they can't even get their messaging straight and they are trying to suggest of the american people that what we see with our own eyes is it happening. not only the illegal immigrants but they found general and american lives being affected and becoming victims of crimes unnecessarily like this family in texas. >> thanks for coming on. appreciate it. some of the common sense department would like to add this friendly reminder to all the cities and states that couldn't wait to become migrant or homeless sanctuaries please remember that you asked for this. you wanted this. you voted for this.now that you have it, you can't wait to blame others. outgoing chicago mayor lori lightfoot once texas governor

greg abbott to stop sending migrants because chicago is tapped out of resources for the new york city mayor eric adams said the same thing in portland is putting the brakes on allowing the homeless to put a tent on public property in perpetuity. in other words offering sanctuary is just a bigger form of vs virtue signaling of the dirty little secret is that nobody is supposed to take you up on it. it's like offering someone to use your home or your car. it appears magnanimous until they take you up on it and then you can't believe the audacity. how dare that person ask us to use the house we offered. how dare those migrants to come to america after joe biden invited them and how dear the homeless put up a tent on the sidewalk. common sense would like to point out the next time you see a virtue signaling signs or flags in someone's yard, remember the bs behind the vs. let's bring on the fox news contributor jason chapin. it's great to see you. i think common sense is pretty spot on. you see these mayors that are

complaining about what is happening. the new york mayor eric adams and lori lightfoot. what you make of this, jason? >> first of all i love your comments but i think they were spot on. it's rich of them to blame the governors the federal government is in charge of the border so go talk to the white house spokesperson. why don't you talk to harris who is supposedly the borders are and talk to the president because if the border is secure and people aren't coming across where the ending up in chicago and new york in portland and everywhere else? you can't rectify that and governor abbott and governor desantis have invited them to come to the border but they won't do that either. >> trace: i want to play the soundbite.this is the mayor who had a different take on things. watch this, jason. >> we do not want ice in the city. >> where he sanctuary city. we are not cooperating with ice and we don't appreciate the ice rates in our city. i'm going to push back.>> trace: they didn't appreciate ice a couple of years ago but they would like to see some of

those people on deck today. >> why don't they go get some of those counselors and have them counseled their way out of it? they need law enforcement. they need deportation and again, it was just as you said virtue signaling and they didn't really mean it now that it's really happening. >> trace: here's the deal. the secretary of state said this to congress. this is a big deal. he said this on december 22, 2020. did you ever talk with hunter biden on the phone? not that i recall. that was the conversation. did you have any other means of correspondence with him? emails, texts? no i did not. they write the following quoting here, but this on the screen for me. hunter biden have a few minutes next week to grab a cup of coffee? i know you are busy but we would like to get your advice on a couple of things.

absolutely copying linda in my office to find a good time. he lied. they have proof he lied. he did have conversations with hunter biden. >> so under oath his secny was never had email correspondence but now the facts are coming out there are at least 26 emails and if you add in his wife that was another 47 emails. hardly a miss when you have north of 70 different emails and communication. he lied to congress that he lied to the senate to secure his job and he should have to answer for each of those emails and there should be some sort of consequence for this very statement there should be some sort of consequence but we have seen very few consequences. jason, it's great to have you on. thank you. >> trace: one year after an unknown leaker exposed a draft version of a landmark supreme court decision on abortion democrats on the judiciary committee held a hearing, not on the leak but on ethics

reform with the justices. marianne rafferty is live with that story. good evening. >> a hearing that the senate judiciary hearing one of the chief justice john roberts to attend but the chief justice declined that's not stopping democrats and their push for ethics reform of the high court. some of the highest court in the land should not have the lowest ethical standards. that reality is driving a crisis in public confidence in the supreme court. >> much of the debate centered around if congress has the authority to impose that set of rules on the court. the push from democrats comes from reports that justices and their families, justice clarence thomas have benefited from luxury gifts, property purchases and other gifts.

but they are arguing democrats are playing politics because they don't like the decision coming from the nations high court. >> i have been disappointed by supreme court opinions but my colleagues should fill out a hurt feelings report and move on. >> and in a statement released last recall the justices agreed to their existing code of conduct and there is a bipartisan bill offered by angus king and the alaska republican that would require the court to establish its own conduct code. sounds like it might be a good plan. >> it might be a good plan to find the leaker.marianne, thank you. >> trace: prominent engineers and scientists working to create artificial intelligence are urging caution in the white house is looking into how companies are using ai to monitor and manage their employees. this is the latest concern about technology many fear and if you understand. watch great >> i think that this technology is like nuclear power.it could be used to fuel a city or destroy a city so this

technology is value neutral it can add benefit it can do harm. it all depends on who is using it and how. >> our business correspondent kelly o'grady joins us tonight for a closer look. >> the field is exploding but so is the course of alarm bells you have industry leaders warning cyber attacks could become simpler to execute companies and corporations could surveillance individuals. we have talked about this. chat gpt could influence people with bias based on misinformation but another concern is how ai will impact the struggling economy so many companies see an opportunity to increase efficiency replace thousands of jobs earlier today the ibm ceo told foxbusiness that many roles could become obsolete. >> ai will replace many clerical white-collar jobs and that's the kind i expect they will replace over the next five years. >> that's wild. these warnings have voters

worry. you can see 40 percent ? 46 percent of all voters think it's bad for society of these are driving a push to regulate the space but not everyone is convinced lawmakers are up to the task 59 percent of all voters have little to no confidence in the ability to properly regulate ai. the white house will meet with leaders on thursday but you look at washington's track record on regulating spaces like crypto currency in social media, reactive to a crisis rather than proactive. >> trace: there are three steps behind and you're not sure how to regulate something you don't know that much about. so it's been tough. kelly.see you on the nightcap. thank you.

>> trace: ruling from a montana judge will keep democratic transgender lawmaker zoey zephyr off the statehouse floor after she was censured for criticizing colleagues who oppose transgender surgery for minors.the attorney for zoey zephyr senate appeal is being considered. >> asked him to buy me gender because he said that would make up for the energy has used at the property like the theft of gas and electricity. >> trace: a british couple told us about an experience with a squatter who flirted to get out of trouble. this water complained after being locked out at offered to buy the female property owner dinner asking if she was married. the squatter left behind damage install parts of plumbing. what? yes. new irs data shows new york lost $25 billion in 2021 and 20 billion in 2020 and lost tax revenue as residents fled the state during covid and not to be outdone california lost $47 billion in tax money in the

same time. the blue states missed out roughly $90 billion. how is that? add from hollywood to new york city television and film production has gone dark with a writers guild of america beginning a strike after negotiations between the unions and studios failed to reach an agreement. jonathan hunt is here with more on that. good evening. >> 11,000 writers put down their pens or laptops at midnight last night and within hours hundreds of them were on picket lines outside major studios such as sony, amazon, netflix, paramount demanding better pay and longer contracts and what they say is an entertainment world that has been transformed by streaming services. >> there has been no recognition that they need to make real systemic change in order to continue to have a stable and available freelance workforce that makes for them

most profitable entertainment content in the world. >> many studios have been bleeding cash as they fight the streaming wars and they are aggressively cutting budgets the alliance of motion picture and television producers which represent studios and production companies said despite those budget strains it presented an offer to the writers union with generous increases in compensation for writers as well as improvements in streaming residuals. but the sides are far apart out of the agreement and the strike action is forcing shows to shut down. saturday night live will begin airing reruns immediately at most of the late-night shows are going dark. got f staying on air with new episodes and we aren't going anywhere.

>> i had to write tonight for 30 minutes. >> that's why it was funny. >> trace: arguments with ed sharon's copyright infringement case he is being sued by the estate of marvin gaye collaborator. he has testified even playing snippets of songs for the courts saying he was aware of the hits but did not think about it while he wrote thinking out loud. he also said he will stop making music the trial continues tomorrow.a former major-label music exec joins us with his and the military has tracked another mysterious balloon three months after it shot down a chinese aircraft so why does the pentagon say it isn't a threat? and later, the price to take your kids to disneyland.have

you looked lately? or disney world. it could cost you hundreds of day per person and that has a lot of parents asking if it's worth it. what do you think? let us know on social media, twitter and instagram. we will show you the results and weigh in on the best responses.af coming up.ad

>> trace: tonight in crimes round up one of 4 escaped inmates was found dead in new orleans. casey grayson escaped with three others more than a week ago. another was shot and killed and another recaptured and one remains at large. >> and loss vegas a street takeover got worse when guns were pulled out during a fight. the shooting hurt for victims.

many cars fled the area. no word on arrests if there were any or not. >> do you recall this woman who shoplifted in vegas and laughed about on a viral video that police would never catch her. she got busted and accused of robbery but was released and she did not show up for court and police are looking for her all over again. so her taunt might be spot on. >> scary video out of maryland. these suspects attacked a man leaving a restaurant. witnesses intervened and the suspects fled. this homeless man in los angeles is accused of biting off an la police sergeant's finger when the sergeant try to restrain him at a metro stop. the suspect had narcotic paraphernalia and became violent when they tried to arrest him and a security guard tried to stop a serial

shoplifter at a new york walgreens. the thief hit the garden his head the guard took the shoplifter down and the new york post said that guard who was a retired nypd officer got arrested for assault along with the thief. the guard said he intends to sue for wrongful arrest. >> we told you about the writers strike in the trial where ed sheeran is accused of lifting parts of a marvin gaye song let's bring incest. it's great to have you on. anonymous. because nobody wants to get in trouble. a writer strike will have a large impact on the quality of the material produced and shows that are in the middle of their seasons will not have scripts to shoot which will necessitate a shut down. sounds like it

will cost a bunch of people a bunch of money. >> seth: it could. it's got some serious implications if it doesn't get settled. there's tons of production all around. not just studios but streamers and you might see it after three or four months when the supplies wear down. but it had a lot of damage last time 15 years ago and if it happens it will be the same thing. >> so studios and streamers are under pressure to cut costs but the writers are not making money. the compensation hasn't risen. >> seth: you have production going forward at a big pace and their earnings have stagnated and what is happening is they need to redefine their place in the ecosystem. that's a hard thing. >> you pointed out that ai is a threat. we just asked a computer to write a tv show and look at this. they are gathered around the tv

watching the news and a local springfield man was caught stealing donuts homer jumps up from the couch. that's outrageous. it goes on and on and shows you in seconds you have a script. this is concerning. >> seth: a little bit more middle-of-the-road on how it will up it. it will find its place but if you are a writer or a creator you have every right to fear it displaces you of the streaming services, the culture is different than some of the traditional hollywood studios and they are more aligned with adopting these things if it's writers or others. we have reason to be concerned about a very. >> trace: so sheeran is in court trying to fight for this song and he is thinking out loud and the song sounds similar but it's tough to prove. >> seth: is a subjective thing. a lot of these things settle.

sheeran has settled with others in the past which is probably why all of the bees are going to the honey so i do think it's pretty similar. the lawyers will tell you if it substantially similar that's kind of the test so it's kind of risky. but we will have to see it wouldn't surprise me if he is found liable. >> trace: he said if he is found liable he is quitting music. >> seth: the new songwriters the way songs are written and composed its beats and laptops are so much music coming out if it's on spot a fire or whatever digital service. these problems are bound to keep happening plus you have ai which makes it more complicated. >> trace: thank you. good to see you. >> a former espn reporter covers charlie arnold joins us next. but first. a heroin crash could have ended badly and how did you get to

your high school prom? this maybu have you beat. the days best viral evideos, nexth..

>> another mysterious high-altitude balloon spotted over the hawaiian islands. the us military is continuing to track the object but no plans to shoot it down. let's bring in michael allen. great to have you on. let's talk about this balloon. the spokesman said the following. the pacific air force launched 3f 22 used to identify the situation. we monitor the object and assessed it posed no threat. doesn't matter where it's from? now it's floating towards mexico. doesn't matter where it is from? >> it doesn't matter where it's

from but i'm glad they went up trying to inspect if it had a sensor package or any radar or any sensors that would be able to look at what we have stationed at pacific command because that would be the number one intelligence target that the chinese would have. >> trace: are you surprised they aren't knee jerking because it seems like the chinese spy balloon we got burned. it was a big deal and we still don't know what happened.are you surprised at how they are handling this? >> i am glad they are scrambling jets to handle it aggressively but we can't afford to have them transit the united states like last time. that was a complete debacle.

>> trace: these discord leaks reveal a bunch of information about ukraine but zelinski tells the "washington post" i did not receive information from the white house or pentagon. we did not have that information. it's definitely a bad story it is unprofitable for us it's not beneficial to the reputation of the white house and is not beneficial to the reputation of the united states. >> i don't like taking criticism for the united states but it was a sloppy move. the documents were out there for some time and we were surprised ultimately the volume of the documents that were out there and what they said we knew they were coming. we knew there were articles in production about the air defense quality that the ukrainians had. we should have called them and given them a head's up. i think somebody is to blame for not thinking of the diplomatic consequences.

>> it revealed we have a tendency to spy on ukraine which is not surprising but if you are zelinski, wait a minute. they didn't tell us this information and that they are keeping an eye on us. >> it looks like we don't have our act together. it looks like we can't keep classified secrets of the news articles today were ukraine does not want to share with us or the allies the plans on the counteroffensive they are about to launch. they need to share it with us but who can blame them and we have been sloppy about our secrets. >> trace: you think it leads to less sharing? >> over time it leads to less sharing. i do pray thank you for having me. >> first up does this quality qualify for haphazard pay? a principal in west virginia unlocked a school dumpster and

out popped a bear. the bear and principal were freaked out because they took off. the lock was meant to keep the bears out but clearly it did not work. it turns out the bear was squeezing in and out of the dumpster all weekend. and check out this video from virginia. 18 driver lost control and spun over the median into an officer making a routine traffic stop. the car came close to seriously hurting the officer and narrowly missed another oncoming car despite the dramatic crash. only minor injuries reported. >> trace: this australian shepherd and francis soaking up the sun in a kayak and dozed off a bit nearly tipping into the water which woke her up. the owner had to laugh. it almost looks like the dog took offense. no worries because the dog mama apologized and everything was fine. >> this tank is on its way to junior prom the highschooler thought it would be cool to take a tank to the school dance so he did that.

it cost him a thousand bucks to rent the world war ii era tank from a local man. he raise the money on a go fund me site. his date was a sport about it. and his name was sherman by the way.if you have a viral video to share hit me up. >> when espn honored leah thomas during women's month the move felt so wrong to one of the network reporters that she decided to leave. let's bring in the former espn reporter charlie arnold. it's great to have you want that i want to put this up because i want to start where you left because we have a controversy.leah thomas on a podcast said the following and i will get your reaction. >> you can't have half support. where i respect you like a woman here or here.

they are using the guise of feminism to push trans phobic beliefs a lot of people in that camp sort of carry an implicit bias against trans people but don't want to fully manifest or speak that out. >> the theme is you have to support everything about trans people or you are trans phobic. your thoughts. >> because i left espn and came over to out kick i have experienced much of this because i am starting to stand up publicly for women. something i wasn't able to do because this is a controversial topic and a lot of times i wasn't comfortable sharing my opinion. you should see all of the comments i have been getting as far as you are hateful and you are trans phobic and all i am doing is standing up for women. this is so wrong for leah thomas on so many levels because women are not obligated

to support trans athletes by any standards for there's a space that women have taken in as their own and have so many opportunities and success to this point and it's getting to a point where those opportunities are getting trampled on by some of these biological males trying to enter in claiming their part of the team. >> it's interesting that you say women have a space because a transgender cyclist won a women's racing new york post said transgender cyclist austin phillips has finished in first place in the women's category. broke free from the pack in the late stage of the tour of new mexico clocking in at 3:07:16 taking the top spot by a margin of 89 seconds. these things are usually milliseconds apart.89 seconds. what you think? >> what do i think?

i think it's absurd we are having this debate that we are continually seeing men entering into a women's competition and obliterating the women that have trained so hard to get to where they have gotten. i can only imagine being in the position of these women training for months on end, feeling like you stand a solid chance as setting your own records you have an outsider come in and diminish any chance you have it finding success and we are going to keep seeing this happen and is going to get more and more offensive and it's not only going to be in individual sports like we have been seeing. we have been seeing running and swimming but there's going to be a point in time where we see biological men entering into contact sports such as basketball or field hockey or lacrosse and things will get shameful from the opportunistic standpoint but from a danger standpoint.

>> it's a good point. great to have you want. hope to see you again soon. >> please tune into out kick. i will be cohosting hot mike tomorrow and friday. >> is the happiest place on earth. right? maybe not. it might be the most expensive place on earth and that has a lot of parents struggling to decide if it is worth taking their kids. there is time to weigh in on twitter and instagram the nightcap crew. it's a big topic. next.

>> we are back with the nightcap crew. tonight's topic, the cost of visiting a disney theme park and how it is sparking debate among parents. visiting a theme park is the right of passage but trips can cost a family a thousand bucks a day and many cannot afford it so does the hefty price tag make you think twice about taking your kids to disneyland or disney world and i should talk to the man at the table with 26 children. each day at disney will cost him $9418.

and that's with nobody eating a darn thing. >> all 26 of my children know i consider disney to be officially the most miserable place on earth so they are never going. i would rather go to sea world. >> dylan mulvaney's favorite beer is what? kelly o'grady when the kids arrive would you take the french bulldogs to disney? my question is this one of those things. >> i used to be a disney financial analyst. i get why it's so expensive but i recently went to disney and i was shocked at how expensive it was. and you can't pretty get these. these cost 30 bucks. they used to cost 25. >> so disney, in?out?

>> every time i have been it has just been waiting in line. probably not. i would go see a football game. >> i lived in orlando for three years but you walk in and walk out and it is a lift from your wallet. it's completely out of reach. there's no way a family can enjoy a fun time without sacrificing. and just in, the price of disney theme parks makes you debate on whether or not you take your kids. yes 89 percent. >> i say to go. i lived in orlando.i am a disney fan and always will be. go take your kids.it's a great memory. >> we have been a couple of times and if they wanted to go, i would. >> jim gilmore said the mouse is not worth it in florence of the price is prohibitive i

don't want to contribute to the company it has gone too far with what it is exposing to kids. and lacey said my parents never spent money taking me to disney. they took me to museums and i am better off for it. thank you for being on and thank you for being on and watching the nightcap and order an edible .com or a company store to get your one prilosec otc each morning,eart black's heartburn all daburnyeau and all night, prilosec otrnc reduces excess acid for tony fauci hours, blocking heartburn before it starts one pill a day, 24 hours, zero heartburn. looks like you've been sleeping well.

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