ommercial.com. we are out of time. thank you, brooke, jimmy, kat. fox news that night is next. drama. >> good evening, welcomed "fox news @ night" i'm in washington in. trace gallagher. breaking now, plus a murder are subway rider coming to defend new york writers against the me making threats, criminal charge could come against the 24 -year-old veteran accused of beating a homeless man to death we have that story and we have breaking details this evening. >> good evening, jillian gill i think that is clear is a 30 -year-old homeless man was

killed on the subway beyond tha the circumstances of his death, the reason for the actions of the former marine who put the man in a minutes long chokehold are all under investigation. they are all open to interpretation and have provide new yorkers that many across th country. here is what we've seen on part of the video which only shows even it's an entirety part of what happened jordan neely, black homeless men with mental health issues is being held in that chokehold by a former marine who, according to witnesses, acted after he had been pacing the subway car yelling that he was hungry and thirsty and ready to die. the marine apparently grabbed him and held him in the chokehold until neely went limp. two other subway drivers. to be helping to hold neely dow here it neatly died later in th hospital. democratic congresswoman aoc

tweeted that he was murdered bu because he was helpless and crying for food and a time when the city is raising rents and stripping services to militariz its -- while many empower demonize the park, the murderer gets protected with headlines and no charges. it's disgusting. as protests broke out at city hall, the new york city mayor also a democrat set that congresswoman and others should not jump to conclusions. >> entitled think that is very responsible at the time. of your still investigating let's let the da conduct his investigation with law enforcement officials to really interfere with that is not the right thing to do. >> investigation is underway, one that will touch on themes that are now common in so many american cities, safety and public transport, mental health homelessness of the question so many of us might be asking

ourselves tonight, what would w do in a similar situation. >> jonathan hunt delay for us, thank you. >> nord stream announced this week it's going to close two stores inc. cisco and the operator housing those is blaming the closure of the deteriorating situation that is due to surging crime in the city . marian rafferty has that story tonight. >> in 2014 california voters passed route 47 which raised th limit to theft from four to 5250 . that means is less office on th street residence a nord stream has become more -- and some of the highest propert crime rates in the nation the nation's 20 largest cities, wal street journal reports a separate cisco has had the highest rate for the past four years.

>> it's very sad and you don't feel safe there anymore. they are going to be afraid to come and visit. >> all of that is leading to a dramatic decrease in foot traffic to one's popular stars. the announcement that the nord stream plans to close two up at stores in the downtown areas coming just the latest in nearl a thousand retailers with already done the same. in that it's prompting calls from city officials made for th democratic mayor to do more about unsafe conditions of full staff the city's police department very disappointed to see another closure in my district with a major retailer that is unsafe conditions for employees and this underscores the urgency of why we must commit to a fully staffed polic department. in a statement, she's having an ongoing conversation with business owners of the city has

responded by increasing patrols in the shopping neighborhood which the economic development director admits they are not satisfied with the status quo. >> thank you for that pivot tak a deeper dive into tonight's to story, with jason rantz. let's start here and take a loo at this statement pivots from the shopping mall in westfield perth they say a growing number of retailers and businesses are leaving the area due to unsafe conditions and customers and retailers and employees coupled the fact that these significant issues are -- what do you say. >> is that he was shocked at this quick. >> at some point we have to ste back and cite this is what we have asked to happen. when you decided city leaders t not go after the criminal elements when you choose to let people go ditto put people in

jail instead start justice programs that release people to recommit, you're asking for these kinds of endings. these businesses can only go on for so long before they say enough is enough. it is not just san francisco bu we are seeing this all across the country and democratic red 60s -- cities that have these policies. beacon write the script we know this is going to happen again i a couple months to a different business for that one will be a small business and maybe will b a large business. at the end of the day we know it's going to happen we know wh your rather than attack the problem they just pretend it is there but i do sense with that tweet, i think one more democra leader enact this are starting to step up and say enough is enough. >> it's happening all across th country in the nation's capital. it's particularly bad timing as well because as we all know thi

crime crisis is coupled with th fact that brick-and-mortar seem to be peering out anyway. this is exacerbating that race to close storefronts. >> absolutely. up we just went through two years of covid closed on that made us of these businesses wer lucky to survive only get hit when they are able to reopen with relentless crime. here in seattle we have amazon now just finally we opening and employees are coming downtown they don't have a lot of -- that i have a lot of businesses to go to so it's unfair we are doing to these businesses and i wish there were more leaders to step up and say here is our plan . prescribed for what we did. the programs and policies initiatives in the name of criminal justice have not worke but now we are going to pivots and now we are going to really

try to get this crisis under control. >> i want to ask you about your reporting. come july 1, drug possession across the state of washington is going to become legal. making seattle or you are vulnerable to talk to us about what's going on what we dissipate is going to result from that. >> so two years ago those state supreme court set that felony possession office unconstitutional so democrats who have control of the state legislature said we will come u with a two year temporary plant we could work on a long-term fix . and partially this group of democrats right now will only support a fix that does not criminalize drug possession at all and so as of july 1 balloon not have any -- the good news is for the most part got cities and counties across the state that mel can decide their own policy and for the most part they're going wit possession as a gross misdemeanor.

seattle had a very weak compromise bill not purpose session but for drug use in public. it is a misdemeanor, not even a gross misdemeanor and the council is saying no. this full fully for strike cannot handle this kind of movi at this point when things are starting to tread one up downtown just have opened drug use until people say, hey come or not good to publish them and that invites the drug dealers even more so. >> jason, i've got to sleep tha they are. we really appreciate your time. things for staying up with the. >> burst up on tonight's crime roundup, authorities arrested a former uc davis student connection with three stabbings annexed touted separate cisco. carlos domingues had a hunting style knife in his backpack and it's not clear if he knew any o the three victims. identifies as david breaux -- who were both killed, the third

e-mail victim is recovering. casey harrison was apprehended not far from the prism another inmate who was captured in texas , two others both died in one discovered inside of a truc and another died after a gunfight with police. >> and georgette georgia government is accused of murdering his mother and grandmother and driving to mcdonald's murdering a manager at the store before turning the got on himself. indicate the shooter worked at the donald's but the motive is still unknown. >> amendment up to our fox affiliate yet and shot into the station said the employees running. no one was injured. the suspect later hold up the business before police took the into custody. at judge has ordered a mental health evaluation. and this passenger in las vegas missed his flight so he called in a bomb threat telling authorities there were

explosives in his luggage on th plane. police investigated and didn't recover anything from the luggage but they did arrest tha passenger. expects meanwhile the jury may have says singer sharon did not -- for his 2014 thinking out loud. he was sued for copyright infringement pity set the verdict was favorable for the creative process of songwriters. >> i'm very happy with the outcome of the case. i will not be retired from the dave job after all but the same time i'm just a guy with a guitar. i am not and will never allow myself to be a. bank for anyone to shake. >> the irs's but stocking up on weaponry spending at least $2 million on guns come in

munition component technical over the last three years but the big question tonight is why. mark merrick at investigate. >> report from the government watchdog opens up books and shows the internal revenue service is adding to his law enforcement capabilities. the group says the irs spent $2.3 million on ammunition had more than a million on ballisti shields and another million on various other criminal investigation agents plus $474,000 on smith & wesson rifles for the irs tells fox th purchases are routine and roughly 2100 criminal investigators to conduct criminal investigations into ta violations and money-laundering as well as organized crime involving drugs and gangs for the irs adds the agency purchases the correct amount of imitation firearms to conduct their official duties. lawmakers believe these purchases are accepted. >> i guess it's it would be better off to have the irs contact at actin those

capacities as opposed to more irs agents. they're concerned about the long-term plans and democrats argue the agency is not targeting most americans. >> there are details about how they're going to be i'm touting ar 15 irs agents at the door an they are going to bother ordinary assistance. i just filed my taxes on the rs has no problem finding me pay. >> critics view changes could happen especially after job postings like these went viral, showing the agency pushing for more special agents in all 50 states. this year house republicans voted to call back some 70 million it from the irs but they never -- the democratic-controlled senat paid the money is helping those in enforcement and provide taxpayers with better services. >> thank you, mark. democrats are pushing hard tonight against were public in

cassation that whistleblower claims joe biden was involved i influence peddling scheme durin his tenure as vice president. a couple of gop lawmakers demanding the fbi turnover single document allegedly obtaining evidence about the investigation. let's talk about the fallout with richard fowler and law professor john yoo. richard, take a lesson on this to what chuck grassley had said earlier and i want to get your response. >> not once has the fbi or the doj counteracted anything that i've stated publicly about information or the accusations that were making or evidence that we had given to us by whistleblowers. and i think that speaks for itself. >> why do you think the doj has not responded pay. >> is a couple of things happening. based on what is reported that

there seems to be a pending decision by the us attorney. it's worth pointing out the sea chuck grassley and jim chart of an author since about the seven had controlled the seventh 2018 talk about this. think what makes us interesting to me is that if you have had help whistleblowers and have these documents, go ahead and call a subpoena and ask him som questions but if you feels there's criminal activity that say this is what we found in ou investigation. they spend more time talking about the evidence but without actually acting on it. and i think that is -- >> what do you say to that. of republicans years into this thing at the goods or they don't . >> db people in the justice department would feel better if the exley hired some reddish ex

spy and made up more allegation in them launched a special counsel investigation because here is what i think it how is that the case that we've not a special counsel appointed by th justice department to investigate this office. that justice department has to treat the same cases in the sam way there they appoint a specia counsel on the russian hopes which was ridiculous and had no evidence of hearing the other had we've got hunter biden's laptop and you've got according to the house of many any child going from chinese companies in the chinese government to intermediaries with the biden family. you've got people who've worked with the bidens who verified th laptop. i'm not saying that guilty and i'm saying the allegation approved but it seems to me tha justice department has to provide a counsel if they're going to have the truck cases investigated in the same way paid. >> that may happen or never

happened. if these accusations from republicans are not not to be credible or perhaps the whistleblower is not who they say they are or there is some issue with that, do you think republicans should and might acknowledge that? we are not good to get the documents to be able to -- were not going to ever know who the whistleblower is that i think that is the question we have to see what the polls tell us. i agree with john on the point that if there was indeed enough apothegms, if all these things were true, if the justice department hath this information , it would be pointed but let's remember that current attorney thus investigating hunter biden was kept on the jo by joe biden and regardless of the testimony after testimony, he said, look, i have no plans on indicting dispersement this person does not report to me an he could do whatever he wants i

this investigation he has all the -- that is what he is doing and based on reported, we think it may be a decision on whether or not there's this charge and the tax evasion charge in the very near future. does that mean that all things and capitol hill are true? i don't know. that the politics that we have to wait to see. >> my question here is yesterda i had a chance to talk to senator ron johnson my i asked him why republicans didn't wait until they had seen the underlying documents, these whistleblower claims before the went public with this. he said it is because they want to pressure the attorney genera merrick garland, to provide them . is that nonlegal strategy quick. >> i used to work at the justic department and they are always going to be resistant to sherry any time of law information wit congress. as mr. pollard said it's case that there's a us attorney stil

conducting an investigation and on the other hand if congress wants the -- they can put a lot of political pressure and confirm anything refused to fill the department and they can demand that they b shown the documents on some kin of close setting that is not public that is why i think a special counsel would solve som of these problems because the reason congress wants to see them as they don't trust mert garland and that is exactly why under trump the whole thing was from the hands of muller. >> how did that turn out. >> congress does need to see it. >> john and richard, we could keep going this all night. we got to leave it they are. good to see you. >> coming up we told you about the pandemic at historically lo test scores for students in reading and math and now up brand-new -- history has been hit really hard . plus later the nightcap argued guilty of productivity at work

from trying to act and look bus when you're not. some new graduates also tell us that their biggest fear now is getting overworked in their first job let us know you think of social media and twitter and instagram. we will show you the results said read you the best response is coming up nightcap. music (i swear) jaycee tried gain flings for the first time the other day...and forgot where she was. you can always spot a first timer. gain flings with oxi boost and febreze.

first step in tonight's real news roundup, the board of pfizer's tickle while turn fund pro trends that the best depth up to the microphone to speak about the death of a transgende president. several -- and anti- homeless behavior in front of the wanted the board t feel our pain.

>> i hate you, jenkins. >> take a look this. anheuser-busch doing damage control the drop in sales of market value offer 5b dollars ensued. the strip is promised that it was not a formal campaign durin and and they are planning to send each wholesale distributor free case of bud light. attorneys general in california new york launched joint investigations into the nfl after multiple reports and lawsuits let the hostile work environments, and discriminatio against females. the attorney general saying no company is too big or popular t avoid being held responsible fo their actions. >> at this protester for

refusing after having to sleep that capital built like vines they. protesters staged a sit in outside governor front the synthesis office. they read objecting to several new laws passed by florida republicans including one that prevents teachers from being required to use for gender pronouns. >> more discouraging news tonight about the state of education. a new nation's report card is out and reveals dramatically spiraling rights for eighth-graders in history and civics. with angela -- angela morabito. >> it's disturbing but not surprising, or -- over half are now open for halftime learning. products so he's not surprised at the news.

fortunately i can't say i'm surprised either. these test scores are great before the pandemic and no thanks to school closures, they fallen off a cliff and it got 50 % of eighth-graders who are proficient in history and the students are four years away from being a political boating age solve this problem is that config story does not -- or it is just really a threat t the republic paid. >> under betsy divorce, she has slightly different take. >> the fact that 87 out of 100 students are not considered proficient art don't have a fundamental knowledge of us history it's just inexcusable. we spent $750 billion a year on our k-12 education we are not getting what we are spending. >> what do you say. >> sec. deposits is absolutely

bright and all of the money tha flowed into schools during and after covid is proof that no amount of money can fix broken systems. congress set aside the arctic $190 billion to keep learning calling but that money has not made a difference. these test scores are terrible so there's more proof if you don't the teachers unions to -- what we need is a fundamental change that starts with school choice. we hear a lot about how scores for students across the board i america have been falling in math and sciences, but this is different. this is a more liberal arts focus group of subjects were talking about here. if students, mere students can' grasp the fundamentals in us history, it seems particularly hopeless. >> it does seem hopeless of the

other will get hope but this is to make sure we kick out progressive ideology from the classroom. these test scores allow things like critical race theory, dti, gender identity, politics to flow into classrooms and displa sports will be important of which is the fundamental facts and principles behind america's founding makes this country great. >> the education secretary told my colleague trey gaudi earlier this week, he said it is these conservative practices of banning books, banning certain kinds of speech and classroom that is really leading to this degradation. >> he's off the market i think the secretary needs to take a look at a long look at his teachers union allies who are using their collective bargaining agreements to put more into the classrooms. it is the defensive freedom institute her trying to get it

out of the classrooms would get back to the core reading and writing and arithmetic that students need to be successful in college or wherever they go next. >> for got to leave you there. thank you so much for joining u tonight. >> take a look at this, also alarming, horse race officials are looking at the sudden death of four horses at churchill downs in just the last week. these fatalities are threatenin to overshadow regular preparations for saturday's kentucky derby. molly has that story for us. >> tis the season at belmont park, host of the triple crown. further self where it all begins , several fertility's are over shattering overshadowing this weekend kentucky derby. churchill downs and -- in a little more than a week. how he had usual and completely unacceptable. one of the animals was expected to compete in the derby and two of the deaths or unexplained.

both parents pride in chasing doherty -- now suspended. the president of churchill down inc. say we have reasonable concerns about the condition of its horses and decided to suspend him indefinitely until details are analyzed and understood. joseph can no longer enter horses including the mild gnosi scratched from running the derby . >> i know it can't happen here it is mind boggling. it just doesn't make sense. fix the other horse sustained injuries. and take charge breanna during turf race was euthanized. now i'm transparency, churchill downs acknowledged it must be addressed following a statement to pressed for answers. the horses were transported to

the university of kentucky dynastic slab for complete necropsy. >> ahead of saturday's kentucky derby, churchill downs offered assurances writing we have no confidence in our racing surfaces and will be assured by our horsemen that they do as well. >> they keep, molly. the case against whole whole foods over a mislabeled cupcake one family is claiming almost killed their son. first i hear a safe that they. they are queued up for the king 's coronation in the ukraine . viral videos are coming up next. so automatic emergency braking and lane departure warning work properly. >> singers: ♪ safelite repair, safelite replace. ♪ i have moderate to severe crohn's disease. now, there's skyrizi. ♪ things are looking up ♪ ♪ i've got symptom relief ♪ ♪ control of my crohn's means everything to me. ♪

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week or the british monarchy ha set up camp this weekend. thrills super fans have been camping since last weekend. we can watch it right here in saturday morning start at 5:00 a.m. >> and off to new jersey where some -- are woman running for us to the council took the photos you're looking at a blast at the airport during the pasta pile. the publix work department cleaned it up and dumped the macaroni. it doesn't look that delicious. meanwhile this squeaky scroll found its way into a parked car through a very small crack in the window. you can see them there and watc as he tries to sneak back out with pretzel mix in his mouth. is a stack of cited squeezes back out himself of the cars owners returned they could really tell that something had

been inside. >> plus the scary woman:video near la with this baby boy's great aunt licking her backseat when she saw the stroller rolling away ports traffic. in a panic she fell several times a secure step further and further away unluckily the good samaritan rushed to stop the stroller and another bystander came to think of woman who is i her 60s. >> vr going right now. >> the mom said she filthy struck gold like everyone else to scores ticketmaster for forgetting them just the baby for the show. the. had a great time last week.

if you've got by all video to share, hit me up a fox news night nonsocial midyear. >> time now from a court in the case of the mislabeled cupcake. the circuit court of the. -- appeals is allowing it to continue. jeff and said his son has the. or food allergies and other life-threatening actionable is hospitalized after eating a whole foods cupcake that was labeled beacon pivot turns out it is mislabeled in the stores bakery manager admitted to the mistake. the cupcake in question was non- vegan. but spring intimates legal eagles civil rights attorneys. he said it's going to be tough to escape liability year and they admitted to mistakes. take a look at this. this helpline here.

they bought the cupcake settle all food store because the packaging set so when they were in the vegan section with the bakery's manager and leader of mistake and they were not vegan cupcakes bid because we have th mission of guilt of theirs liability someone employer is liable for employees actions in the course of business. i could see whole foods being o the hook for this one for sure. there's also that express warranty being reached, it says beacon so you would think i'd getting a vegan cupcakes of tha is also a problem for whole foods. >> can whole foods be held liable for this boys trauma and paranoia surrounding food flex it sounds like the parents are gearing up to blame them for al kinds of psychological difficulties that is happening in the wake up this. this is from the complaint and

it says after he recovered, minor plaintiffs -- of severe and pervasive trust and the corresponding labels in those that prepared his meals. eating in public it's impossibl for fear he would go into anaphylactic shock and the pathetic know how to medically help him. that this awful big charge. it is i think before we get that , we better -- whether this claim can be bough by a state entity or or by individual in this case. with the beauty claim but this against whole foods under the federal regulations and this court has ruled that there -- so we have a supreme court case because i can understand the

public policy being we can't le free single individual sue over every single item that would grind congress 12 holt against whole foods i think that is going to be the question as to how this is executed going forward -- forward. >> because we are focusing on food to make of it there's also another class-action lawsuit pulping program and its brand o snack products called just fruit , this relating to gm in particular. people saying this is not made only approved in labels, the nutrition labels, exactly three times higher than what they are disclosing. take a look at this from the ninth circuit ruling on this. they say that just fruit label does not expressly or impliedly save the publisher content of the product and orbital

reasonable consumer interpreted as doing so, particular when spread of overpriced content to contain added sugars. >> so there are two assets to this. one has a reasonable consumer, you have to -- something else has to be in there. when i drink wine, i don't thin i'm just drinking grape juice beer that's not how it works pure untapped that the ninth circuit, looked at the ruling and had freeze that when you look at some of the fruit, it was fruit syrup, for example. it is still derived from fruit. >> what about the mislabeling. that seems the more agree just claims here. the company is essentially lyin about the sugar. >> absolutely you tell them jus fruit come over talking just a free product and in this case the company, croakers, arguing

that europe is fruit and so the are really stretching the word fruit to the meaning right has no meaning anymore and that we talk about the -- so if you're line corporations -- there is no wonder why we have an obesity epidemic. even if you are trying bid. >> it is one thing is misleadin labels and it is another thing to you outright live. >> thanks for being here tonight . >> you attend meetings at work to try to look busy? it is a trend. it is called productivity theater. the most soon-to-be student b grants, there top complaint doesn't pay, it is burnout. there's time to weigh in on twitter and fox news that night.

the nightcap is up next. >> i am marissa taurus and hear luckier forecast. the end of the work week we hav things that are improving in th northeast it's going to be less sake and could showers and severe threat and lower mississippi valley, still unsettled and the west coast from california to washington. you can download or stream box whether. never forget. for less than $5.00 a day, you can own your very own tracker off-road or a brand-new tracker boat, motor and trailer package. the fastest growing off-road brand in america and the world's #1 best selling fishing and pontoon boats are built by and sold factory direct at bass pro shops and other select dealers. save big on the best brands and the boats you love. escape into the great outdoors with tracker boats & atvs. hi, i'm michael, i've lost 70 pounds on golo.

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welcome back with the nightcap crew. jason rantz, and robert patillo. burnout at parks, sometimes people feel so much pressure to be productive that burnout is hitting employees younger and younger and more than ever before. a new survey revealed students are no really buried there goin to be overworked on their first jobs but some people reporting engaging in what they called productivity theater rather tha the knowledge that the actually ran out of work to do. so are you afraid burning out i your job, fox galaxy known coming to you first on this one jonathan. >> i'm sitting here late on a thursday night with you ed area

gravity so how can i possibly get burned out with that kind o company. i left my job to do some privilege to deal with but on the other point, let kids bring about getting burned out early in their first job and not having worklife balance, my message is you've worked to get the work life balance but you'v worked to earn it. for cart first and later in lif you look at the balance. >> i'm still waiting to figure out how to do that. >> jason, what do you think like . >> this is so ridiculous. i love the younger generation o people who feel they deserve al worklife balance right out of college. if you want a worklife balance, you don't get it in your 20s pretty to want to be successful if you don't get a life in your 30s. this is a group of kids feel like they are owed everything. you are owed, nothing.

>> robert, what you think. >> this is kind of insufferable. people who are farmers and working yields in the service industry, those of the people who are burned out. you type on the computer a few hours of a comic you will be okay. push through and you will survive. >> my dad always told me to do what i love because then i will never work a day in my life so that i expect to burnout becaus i love what i do every day. as long as you find your passio and there should be no burnout. >> maryann, what you think will expect i completely agree. if you are truly doing what you love, it doesn't feel like you're going to work. won't be a problem. >> let's circle back to you for a moment. what do you say to people who are young and they have worked before they are scared. maybe there going into a job with their parking 65 to 70 hours a week. do it. do it and be successful, earn

the right to find the balance but you're not giving it straight out of college predict out of work and you've got to achieve success and you gotta show people you were going to d a good job and then you will ge the reports. >> it is a process that never in . thank you for staying up late with the. we really appreciate with us. thanks for watching america's e? favorite news at night. and pushed and correct, so we schedule that safe outcome. us. we were able to trackh: hi, our technician and knew exactl t when he'd arrive.o we could keep working safely, came to us. hi, i'm kendrick. singe replaced our windshielrs: felitd and installed new wipers to protect our new glass. that service on our time seats that we paid for safe like replace. >> this is a paid advertisement for legal services if you've been diagnosed

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