had. okay, thanks. mm-hmm. oh. have a good one. >> greg: we're out of time, thank you to dagen mcdowell, todd piro, lee zeldin, kat kat timpf. fox news @ night is up next. i love you, america. >> good evening, everyone. welcome to america's late news, fox news @ night. president biden speaks out about his son hunter saying he's done nothing wrong. meanwhile, the white house press shop playing a clean-up after the president accidentally promised a major news conference that wasn't on his schedule. kevin corke joins us live with the latest. good evening, kevin. >> clean-up on aisle 5. good to be with you, my friend. on the one hand, this is the latest in a list of gaps that's

growing and renewing concerns about his age. on the other hand t could be that the guy -- it could be that the guy misspoke. the white house later clarified he was merely referring to a previously-scheduled interview. oh boy. >> so, um, you know, i -- i think -- we've got a lot of work to do. i'm -- and i'm doing a major press conference this afternoon, so, um, i love you all, but i'd like to ask you to leave so we can get down to business. >> reporter: when he said that, literally everybody in washington was like, say what? now, biden did that previously-scheduled interview, as expected, and in it, he touted his decades of washington experience as a great reason to support his re-election bid, despite the fact that he's 80 years old. >> i've required a hell of a --

i've acquired a hell of a lot of wisdom and know more than the vast majority of people and more experienced than anyone that's ever run for office. >> reporter: in the meantime, the latest jobs report gave the president a bit of a boost for his argument to run again. the economy adding a quarter million jobs last month. unemployment rate really low, 3.4%. also tonight, rochelle walensky will step down. that'll happen at the end of june. that follows two years of leadership at the agency. her departure, of course, coincides with the end of the covid-19 emergency and i should also point thissous out, we know we have a new domestic policy adviser at the white house, neera tannedden will take over -- tanden will take over for susan rice. >> good seeing you kevin. >> reporter: you, too. we're getting new information tonight about the letters signed by 51 intelligence officials that suggested reports in 2020 about hunter biden's laptop were russian disinformation. lucas tomlinson has the details. >> reporter: the former number two at cia, mike morrell, one of

the hunter biden -- wanted the hunter biden laptop letter to be a talking point ahead of the presidential debate with president trump. the washington examiner reviewed an e-mail by a source that clarifies the claim. it was ball politics. >> their hatred for donald trump far outweighs anything that would matter with respect to national security. >> reporter: some of the intel officials had concerns about president trump's personal attorney rudy giuliani's contact with the ukrainian lawmaker at the time for which the treasury department said was a long-time russian agent. in a statement to fox news, the lawyer for some of those intel officials says, "i could absolutely state that none of my seven clients regrets signing the statement and the unequivocally still stand behind the content." hunter's headaches are increasingly becoming a problem to the white house according to

axios which reports top aids to president biden clashed with hunter biden's team over strategies for dealing with the legal battles and republican attacks that surround the president's son. biden's top diplomat had to face questions about the laptop in this interview with fox's benjamin hall. >> can you explain what your role was in that and if you incentivized it? >> they don't do politics and don't engage in it but with regard to that letter, um, i didn't -- it wasn't my idea. i didn't ask for it or slid zit it. >> reporter: some former intelligence officials refused to sign the letter. former moscow station chief dan hoffman explained why. >> the letter noted there was no evidence. i just felt like we needed to do the forensics. it was a very convoluted story. >> reporter: john brennan and james clapper are slated to testify before congress later this month. rich? >> rich: >> lucas, thank you. let's take a deeper dive into

these big stories with townhall.com managing editor spencer brown and executive director james kimmi. guys, want to get started with what the president has been saying tonight in his interview, the one he errantly called a press conference earlier today but we have a little bit of that. he's defending his son. he says first off, my son has done nothing wrong. this is his interview on msnbc. i trust him. i have faith in him. it impacts my presidency by making me feel -- you know what? i'll stop reading it. we have it. here it goes. >> sir, there's something personal that's affecting you. your son while there's no ties to you, could be charged by your department of justice. how about that impact your presidency? >> first of all, my son has done nothing wrong. i trust him. i have faith in him, and impacts my presidency by making me feel proud of him. >> much better to hear it from him. spencer, what do you make of it? >> i think it's interesting they're still sticking with this line that hunter biden is

completely innocent and clearly did nothing wrong. this case where he's been ordered to appear in front of a judge in arkansas over the paternity case, it just goes on and owes. for joe biden to pretend there's nothing to see here, it may have worked before the 2020 election when they had the media everybody and on his side but at this time, they can't keep claiming that hunter biden is a spotless individual especially when hunter biden's mess seems to implicate the president. >> rich: you have the u.s. attorney in delaware considering some charges, a couple of felonies perhaps. we're waiting to hear what happens there. how much exposure is there for that? then you have a number of investigations ongoing on capitol hill, republicans who now have subpoena power. what kind of exposure is it for hunter biden and the white house? >> it's incredible exposure. i applaud the house republicans for really not taking their foot off the gas pedal. we want transparency. the american people want transparency and accountability and the house republicans -- now it's almost three years that the

biden administration has hoped this kind of went away -- but it hasn't. we want to know what is happening and we want it know the truth behind this. what's alarming is the role that the various actors have with regards to this, whether it's tony blinken or others. it's alarming. >> rich: spencer o the one hand, you look that republicans just got subpoena power. on the other hand, they've been promising an awful lot here. some have been asking, ok, guys, where is it? where's the line between hunter biden and any behavior that the vice president conducted that was improper? do republicans risk overselling this? >> i don't think they do, because they've definitely had to do sort of this plate-spinning routine because there's so many different things to look into whether you're looking at the policy of the biden administration from the withdrawal from afghanistan and other things, the war on fossil fuels, all that is happening and then there's also all of this hunter biden stuff but if you look just recently within the last two weeks is when sort of the bombshell testimony happened before one of the house committees that tony blinken was involved in this which just throws everything into sort of a

salad spinner again and you're trying to figure out who knew what, when and what potentially was tony blinken promised or offered in return for setting up joe biden to be able to be at that debate moment and say it's not a real laptop. >> rich: james, i want to get to the crux of what we were discussing earlier with the press conference and news conferences -- the president and news conferences. they knocked him for his age. you look at the number of press conferences. let's look at this. total press conferences for biden, nine in '21, 12 in '22, two in '23. you go through the list here. the "new york times" assembled all these numbers and said president biden has done fewer press conferences at any point than ronald reagan. is that a problem for them? does he have to get out there? >> yeah, absolutely. president biden is one of the least visible presidents we've -- at least in my lifetime, if maybe ever! that's the problem he's face -- he'll face going into this reelection campaign. on top of that, president biden

loves the fanfare that comes with the presidency when it comes to executing the job and the responsibilities, he's nonexistent. that'll be very problematic for his team going into 2024. it'll be interesting to see how they pivot into showing him being more visible when the reality is since he's assumed office, he hasn't been. >> rich: spencer, to the other side of the aisle now, we can expect in the next few weeks now to hear from ron desantis about his political future. it's expected he might run for president. um, you know, he's taken a hit in the polls of late. he's trailing, um, in many of the polls to former president trump. i know it's very early and no one is going to be casting votes for several months now but how is he to get his mojo back? is it too early to even ask that question? >> it's been interesting to see. he's not jumped in. he's taken criticism from that obviously from former president trump and other republicans. if you look at the polling, even though he's trailing, he's got sometimes two or three times the support of people who actually declared are & are in it. i don't think he feels pressure to get in it and prove that he was in it. he just wrapped up the

legislative session in florida which he could tout as conservative victories that he accomplished while the other candidates are talking about the policies. he just implemented them. obviously there's a lot of opposition against him because now he's seen as the front-runner other than president trump. >> rich: the field keeps growing. spencer brown and james kenny, thank you so much for joining us tonight. protesters marched in new york city tonight as the manhattan d.a. forces growing pressure to -- senior correspondent laura ingle has the latest tonight from new york city. >> whatever we got to do, take it to the streets, shake [bleep] up, tear [bleep] up. >> reporter: a source tells fox news the case could go to a

grand jury next week. one key issue, what was the former marine's mind-set during the deadly struggle which will help determine what, if any charges he may face. the former marine has lawyered up choosing manhattan district attorney alvin bragg's rival criminal defense attorney thomas kenneth who ran against bragg for manhattan d.a. in 2021. one former manhattan assistant d.a. spoke with fox about a possible manslaughter charge the former marine could face. .>> i think he should be worrie. >> why? >> because there is a video of him holding neely choking him using what lawyers called deadly physical force. >> protesters shut down part of the manhattan bridge last night, spray painted the street with justice for jordan and at times clashed with police and cursed the mayor's name. they're angry at the mayor for not calling neely's death a murder. >> i've got faith in the criminal justice system. i'm going to let the process

take its play. and those who believe that i should do something differently, i respect that. >> reporter: during the struggle, a passenger warns those holding neely down that he could be dying. the former marine releases neely from the chokehold. a short time later, neely had gone limp. the manhattan d.a. are hoping more witnesses will come for forward. rich? >> rich: breaking on this tonight, the former marine in question has been publicly identified by his lawyers. 25-year-old college student daniel penny. the firm representing him also issued a statement tonight saying neely began aggressively threatening penny and other passengers and penny acted with the help of other passengers to protect themselves until help arrived and that penny never intended to harm neely. the latest as those developments come through. critics of los angeles district attorney george gascon are blaming one of his progressive policies for the stabbing death of a 40-year-old father two of young girls. jackie ibanez has that story tonight. good evening, jackie. >> reporter: good evening,

rich. a heartbreaking story that could have been prevented but, instead, a father of two, like you said, is dead tonight. 23-year-old jade simone brookfield is behind bars for stabbing this 40-year-old man, dennis banner, to death following an argument. the brutal murder happening all while brookfield was wearing an ankle monitor for repeatedly swinging a knife at a bus driver who missed her exit earlier this year. now, despite her past history of violence, she's repeatedly been able to avid jail time. in 20 -- to avoid jail time in 2020, brookfield was charged with attempted murder after she stabbed a woman in the chest, however, instead of business are prison time, brookfield was given mental health diversion. she later escaped the program but was given another chance to reenroll. brookfield was then arrested in 2021 for battery against a peace officer and, again, did no jail time there. months later, she allegedly pulled two knives on a man after assaulting him. for that, she was given mental

health diversion and had the case dismissed due to a lack of evidence. we only know this most recent case involving the father of two because law enforcement sources were willing to come forward to fox news in response to l.a. d.a. gascon's office tells fox news that their hearts go out to all victims in this matter but their prosecutors make "the best decisions they can in light of available information." rich? >> rich: jackie, thanks very much. our fox flight team in texas captured new nutrium drone videoing showing some of the thousands of migrants crossing the border every day. this is ahead of a massive influx expected after title 42 ends next week. our griff jenkins spoke today with u.s. border chief raul ortiz about how he's preparing. >> what we do know is we do know there's a migrant population staging on the southern side of the u.s./mexico border. i fully expect us to see come may 11th, 9,000 or 10,000 apprehensions a day. that's something we're not

prepared for. if you get upwards of that, it really starts to stress the resources that we have available to us. >> rich: homeland security secretary alejandro mayorkas was in brownsville, texas, today where he made a late plea for migrants to not try to attempt to cross illegally. there appears to be no end in sight to the battlefield stalemate in the larger russian war on ukraine nor that matter. -- for that matter. ukraine says the mercenaries are re-enforcing their positions there. let's get some expert insight into the conflict now from defense priority senior philly and military expert retired army lieutenant colonel daniel. colonel, thank you for joining us tonight. i want to get to the status of the battlefield there. we're all expecting this ukrainian counteroffensive. what do we expect from that and is it -- how much could it

possibly succeed? >> yeah, this -- there's so many things that are starting to give evidence that this is just about to start. we've seen lots of ukrainian -- what we call reconnaissance enforce missions all across the line of contact. they're stepping up to try to find weak points in the russian defenses and then today, the russians, last couple of days, they're moving 70,000 civilians out of the area further back on the line because they fear an attack is about to come so all the signs are showing they're about to give that a try and boy, i'll tell you, ukraine has an uphill battle because of the casualties they've suffered and they just now have gotten a lot of the gear that nato has promised for months and really everybody's watching to see what's going to happen here but i think that the whole war could turn on what happens here in the next month or so. >> rich: how long does it take? we hear about all of these announcements from the united states government, from the biden administration about the pentagon sending munitions there. it's not like it just magically

appears there. it takes time, doesn't it? >> right, it takes lots of time to get there, especially for the equipment. it takes a lot of time. a lot more than people think to train crews up on how to operate it and then to train organizations how to fight about it and that's really the -- fight with it and that's really the difficult part of ware fare. it's much more challenging -- warfare. it's much more challenging than giving people tanks and teaching them how to drive and shoot it. the ukrainians are getting ready to do the most difficult offensive operation where you're fighting into a combined arms operations into a dug-in defense that's prepared for you. i'm not sure they're really trained up for that with the amount of experienced troops they have. >> on the russian side of things, we heard all of this intelligence perhaps that the chinese government was going to help the russian government in this fight. do we have any evidence that that has really kicked forward or is china standing back a little bit here? >> china is definitely trying to take a newanced position here.

they didn't -- nuanced position here. they definitely want russia to stand and not fall. they also want to see as a peacemaker. they've been putting a lot of capital in their diplomatic efforts around the globe. they've been making some pretty good successes especially in the middle east between, you know, enemy saudi arabia and iran. they've done some stuff there. they want to be seen as an honest broker here, and they really are, because they have a lot to gain from ukraine and they have a long experience with them. it's not automatically on russia's side but they don't want to see russia fall. >> rich: very quickly here, how does the u.s. play that and make sure that china doesn't make any more in roads here? >> i don't think that we do. i don't think there's any play we have there. we just have to watch what is going there and just make sure that we take care of ourselves and we take care of our security with nato and the united states and i think that we'll be fine. >> rich: ok, lieutenant colonel davis, thank you for being here. >> appreciate you having me. >> rich: we are a few hours away from the historic

coronation of king charles iii in london. security's tight there. the excitement for the big event is building. chief correspondent and uk native jonathan hunt has a preview. good evening, jonathan. >> reporter: good evening, rich. it'll be a uniquely british ocompilation and like the country itself, and i say this as a britt -- it'll be grand and colorful, weird and wonderful and faintly ridiculous. and as the sun rises on london on what is now coronation day, the day 74-year-old king charles waited his entire life for, tens of thousands of people are expected to line the streets, some of them having camped out for several days to get as close as possible to the king and camilla, the queen consort, as they travel to westminster abbey for the lavish ceremony and return via a gold horse-drawn carriage to buckingham palace where the newly-crowned king will, as british monarchs do, wave to his subjects from the balcony. >> it's a sense of tradition that lasts long before me and i

think it will last long after me. and it's an important element of who we are as a people. >> i get why they're doing it. i disagree with it. i just think it seems a bit silly when we're, you know, we've got so many people struggling to have something so extravagant right now but some people argue tradition i suppose. >> reporter: and as all our viewers know, no coverage of the royals on fox is ever complete without the views of my 83-year-old mum, there she is, sitting in beautiful bountiful england. she tells me, "we're terribly excited for the country and for charles. it'll be a wonderful day. he's a good man and he's waited his turn. we shall have tea and crumpets to celebrate." mum, by the way s delighted that prince harry is there. like many brits very happy megan isn't. as for the tea and crumpets, rich, don't believe a word of it. i guarantee that mum will be

celebrating at least with two bottles of chardonnay before breakfast. >> rich: tea, crumpets and mum, love to hear it. >> reporter: very good. >> rich: coming up, the epidemic of loneliness in america and why the surgeon general is raising the alarm. that's live next. later, when it comes to getting ink done, many people choose art, religious themes, maybe even the name of a loved one but would you ever get a tattoo of your pet? let us know on social media, twitter and instagram. weigh in and we'll show you the results and read the best responses in the night cap. ♪ the all-new chevy colorado is made for more. bring more. ♪ do more. ♪ see more. ♪ and be more. ♪

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>> rich: first up in tonight's real news round up, good news and bad news for fans of the hit

tv series "yellowstone." paramount is announcing the show will come to an end after the fifth season wraps up in november. star kevin costner and the show's creator argued for months over a shooting schedule not don't despair, the network announced a sequel series will premier in december starring several of the original castmembers. matthew mcconaughey is in talks to star. biden administration is backing down tonight over a hospital's use of a chapel candle. department of health and human services demanded st. francis health system remove the candle because it was a hot fire hazard and threatened to strip it of its federal accreditation. after a firm representing the hospital threatened a lawsuit, hss allowed the flame or according to the governor, "they have seen the light and knew it was playing with fire." covid-19 pandemic is over.

let's discuss the impact of the official end of the public health emergency with fox news medical contributor dr. mark segal. dr. segal, thank you, as always, for joining us. how significant is it that the official end of the public health emergency has arrived? >> rich, first of all, a lot of experts think it took too long because we've already seen for weeks now a great decrease in numbers. i mean, the united states over the past week, 70,000 cases, 1,000 deaths. that's way, way down. worldwide, 3,000 deaths. way, way down. the who is calling it into the public health emergency. the united states is calling an end to it this week. this is what it means for practical terms for me as a physician. the cdc don't be tracking to the same extent the cases. it means that the government won't be guaranteeing you could get eight free tests a month. that may impact with me -- that

may impact me. treatments may not be covered. depends on your insurance and vaccines, depends on your insurance. before that, all was guaranteed by the government it may lead to a coverage gap in terms of treatment but i think it's a really good sign because it shows that there's an acknowledgement here it's time to get on with our lives. >> rich: it is. you look at it now, though, it's still a part of our lives. we kind of for years now knew that was going to be the case. who is at risk still of covid-19 as it continues to evolve in the population? what can and should people be doing? >> well, you know, one -- another bit of good news that's been underplayed is we've stayed in the omicron family which means more and more immunity is around the country both from vaccination and people getting over covid. also, there seems to be less long covid symptoms with these particular subvariants. that's also good news. again, you already pointed out, the people most at risk remain the elderly, remain the obese and those with chronic

conditions so we have to pay more of an attention to keeping them out of harm's way which i do with every disease. i mean, that's how we look at things like flu and pneumonia every year, too. that's how we promote vaccination for those most at risk and that's how we have to transition here. make sure to continue to keep a close eye on those in high-risk groups. >> you know, especially now you look at one of the things that this all fed into and you're now having more public health officials talk about t the loneliness epidemic and how much that isolation hurt people. it was already a problem. now it's an even bigger problem after all the quarantining. where do we stand in that? how do we even dig out of that? >> you know, i -- i interviewed the surgeon general earlier in the week. he also appeared here on special report. he -- he -- i find him to be very heartfelt. and he's been talking about loneliness now for years and had a big book about it years ago. he made a point to me that loneliness is a problem in the

united states preceded the pandemic but we're talking about 50% of us now are lonely. we're talking about how more and more single-parent households, people living alone. he admitted to me the pandemic poured gasoline on the flame, as he said. we have a culture of separation here. everybody on their iphone, nobody looking at each other. he felt social media was going to be advanced in terms of communication but then he found -- and we've all found that it's a way to create more anxiety and more anger and rage and so we have a problem and his solution is to change our culture entirely and go back to more communities. that may -- communication. that may sound like something very difficult to do but one of the ways you can start is by having family dinners and talk to your family instead of looking into your iphone. i do agree with all of that but listen to this, rich, we're talking about a 30% increase in stroke, 30% increase in heart disease, 50% increase in dementia and 60% increase in premature death all due to

loneliness! i said how can dementia be due to loneliness? well, because people don't communicate and get get more isolated and dementia comes on more quickly. this is physical stuff i deal with as a physician. >> rich: just incredible. dr. segal, thank you, so much for joining us tonight. much appreciated. >> great to see you, rich, thank you. >> rich: new video tonight of the man accused of the murders of the four university of idaho students last year. the video shows brian at a traffic stop a few weeks before the killings. here is correspondent dan springer. >> i stopped you because you ran the red light. >> reporter: one month before four university of idaho students were brutally murdered, the man charged with the crime was pulled over on the campus of the washington state university. he was stopped for blocking an intersection and making an illegal left turn. during the exchange, he's courteous but argues the law is different in his home state.

>> explain that to me a little bit further in pennsylvania, when you're stuck in the intersection, you have to make the left. >> reporter: he was eventually let off with just a warning. the body cam video of the stop was released by the washington state university department a-- department along with dark and dramatic video of the execution of the search warrant at his campus apartment just hours after he was arrested in his parents' house in pennsylvania. >> police department. search warrant. come to the door. [knock on the door] police department. search warrant. come to the door. >> reporter: moments later, police were inside his apartment where they found a black glove, hair strands and a pillow with a reddish brown stain that later tested positive for blood but whose blood was never revealed. brian's preliminary hearing on four counts of first degree murder is set for june 26th in moscow, idaho, but at the end of this month, there's a hearing on a motion to rescind the judge's

gag order which has made new details on this case few and far between. rich? >> rich: dan, thank you. we heard the risks of high school athletes they face on the football field but whatnot the refs? -- but what about the refs? nashville coach is in legal trouble for what he says was an accidental takedown. night court is next. you're the jury. first, scary moment when a helicopter gets caught in high winds during a rescue attempt. and the world-famous french superman scales a building in spain. the day's best viral videos are coming up next. now, there's skyrizi. ♪ things are looking up ♪ ♪ i've got symptom relief ♪ ♪ control of my crohn's means everything to me. ♪ ♪ ♪ control is everything to me. ♪ feel significant symptom relief with skyrizi, including less abdominal pain and fewer bowel movements at 4 weeks. skyrizi is the first and only il-23 inhibitor for crohn's that can deliver both clinical remission and endoscopic improvement. the majority of people on skyrizi

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mara, are you sure you don't want -to go bowling with us tonight? -yeah. no. there's my little marzipan! [ laughs ] oh, my daughter gives the best hugs! we're just passing through on our way to the jazz jamboree. [ imitates trumpet playing ] and we wanted to thank america's number-one motorcycle insurer -for saving us money. -thank you. [ laughs ] mara, your parents are -- exactly like me? i know, right? well, cherish your friends and loved ones. let's roll, daddio! let's boogie-woogie!

>> rich: first up in tonight's viral videos in terrifying news if you happen to be on a beach in oregon, watch out! several lansit fish has been spotted washing up on the shore the past few weeks. these are one of the largest deep sea fish measuring up to seven feet long. they migrate up north to feed.

some were found still alive and were returned to the ocean by wildlife officials. dinosaurs there. meanwhile in the florida keys, deputies along with brave bystanders help to free a crocodile who had become stuck between a roadside and a fence line. they released it uninjured in nearby waters. that's also terrifying. a dramatic moment in the gulf of mexico when a u.s. coast guard helicopter was attempting a medical evacuation from a cruise ship when strong winds hit it. pilots struggled to hold the copter steady before abandoning the rescue and returning to base. there were no injuries. despite the failed attempt, the patient is in stable condition. residents of mexico city celebrated cinco de mayo today by reenacting the battle of puebla. the 5th of may marks the mexican army's victory over napoleon's french troops 161 years ago today. the battle had been reenacted annually for decades. separately, mexico's independence from spain is

celebrated september 16th. never barcelona, spain, robert, the stunt climber known as the french spider-man, scaled 381-foot skyscraper today. 60-year-old used powder chalk on his hands. that's! special climbing shoes. the climb was unauthorized. he was promptly detained at the top. since 1975, róbert climbed more than 150 structures. back on the ground, a guy in texas figured out a creative way to pick up litter. he rolls around the neighborhood park on a one-wheeled electric skateboard cleaning up garbage using what he calls his self-made custom trash can made grabber system. if you have a viral video to share, hit me up, foxnews@night on social media. time now for night court. take a look at this hit. trey cardwell says he was clothe lined by a coach while

refereeing a high school football game in nashville even though officials deemed the incident an accident. caldwell is now suing that coach and his employer. he's look for more than $75,000 in damages to help cover medical expenses, lost wages and mental suffering. night court is now in session. you're the jury. let's bring in trial and family law attorney lexi rigdon along with former prosecutor steve barrett. lexi, i will go to you first here on this one. cardwell was able to finish the game. once he returned home, he had trouble breathing and was transported to the university's medical center and he stayed in the icu for four days to receive treatment and his trachea according to his attorney, thomas carrick. you're arguing for the coach here. you know, what about this? >> well, rich, i think this suit

should be sacked, ok? this was just an accident, and i used to work for a judge who would say everything in life is either a crime or a competencible event and as -- competencable event. as i've gotten older, i realized that was accurate. this was really just an accident and regardless of where the coach was standing -- let's assume he was standing in the wrong place -- the referee still owed a duty of care to the coach and everybody around him. football is an inherently dangerous sport so very simply, the referee should have watched where he was going because, you know, it's kind of like when you're driving and you might have the right-of-way but if someone hits you, invariably someone, the insurance company, the police, someone will say you didn't do enough to prevent that accident and you were also negligent so i think that -- also considering the injuries, the fact he was able to finish the game and he didn't have those injuries that he needed hospitalization for until after, i'm not so sure -- i'm not so sure how he's going to prevail with this.

>> rich: steve, you're arguing for the coach here. what about that? it's a football game. there's incidental contact. he's running up and down the sidelines, um, you know, how can -- how can the coach be at fault here? >> well, look, arguing on behalf of the referee, i think the biggest factor here is -- and lexi pointed this out herself, the coach wasn't in his designated area. the coach's area. there's a reason that that area is exists is to prevent incidents like this from happening. i would argue that he's virtually negligent per se and when mr. caldwell is running down the sideline, his obligation is to watch what's going on in the game. if he's watching what's going on on the sidelines, he shouldn't be refereeing the game so i think the problem that the coach has in this case is by all accounts, he's outside the designated zone. they create the zone to prevent incidents like this. it may be an accident but that's the basis of negligence. i mean, he was acting

negligently by being outside the coaching zone, whether what happened was an accident or not. it doesn't matter. and i think that this referee, mr. caldwell, is going to prevail and i'll tell you, a lot of times, i do a lot of personal injury cases. a lot of times injuries don't develop until a certain period of time and so i'm not surprised mr. caldwell -- it took him several hours before his injuries to his trachea really started to manifest themselves but i actually would feel 100% comfortable litigating this case for mr. caldwell and i feel confident that we would prevail. >> rich: lexi, what about that? these injuries could develop over time? >> that's right and they can, and that's obviously going to be something that is going to be brought up by the plaintiffs and then something that's going to be brought up by the defense is probably going to be that perhaps he -- perhaps he had some type of injury that predated the injury that he had? that's always the chicken or the

egg argument in personal injury cases is if somebody has a slipped disk because they slipped in a grocery store, another attorney is going to come in and say hey, wait a minute, didn't you fall off a ladder five years ago? so it's always a question of how bad the injuries are, how much the person actually suffered for them with personally suffering and lost wages and what the injury is truly attributed to. >> rich: steve, last to you here. you know, how does this all wrap up? and, you know, can you really -- can you really get to a good judgment here for your client? >> oh, i feel very confident. i believe that this case, like most cases, will be settled before a trial, but, again, not to belabor the point but i think it's very, very crucial. they create these zones specifically for this purpose. and i think in this case, um, the injuries inflicted on mr. caldwell are consistent with the clothes lining event that occurred to him. they're actually very serious.

if you've been clothe lined playing -- clothes lined playing sports -- it's why they banned that kind of tackle in football altogether. they're very dangerous. i'm not saying that the coach did this on purpose but i feel comfortable litigating this case. >> rich: we have to leave it there. thank you so much for joining us tonight on night court. well, we all love our pets do we love them enough to get a tattoo of them? there's still time to weigh in on twitter and instagram @foxnewsnight. the night cap crew coming up next.

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>> rich: we're back with the night cap crew. kevin corke, jonathan hunt, jackie ibanez, dr. mark seeingle and lexi rigdon. tonight's topic, forever art. no secret, americans love their furry friends but a recent survey reveals 25% of pet owners would consider getting a tattoo of their pet while another 25% are already planning to get one. so what about you? would you or have you considered ever getting a tattoo of your pet? let's get going here. first off, here is the twitter poll. 82% say yes. 22% say yes. 78% say no. instagram, meanwhile, 19/81. um, so, um, you know, kevin,

you're sitting here. what do you think, man? >> you have to be a crazy cat lady to do this. i just don't get it. >> rich: guilty as charged. >> you are! no. i mean, i love -- i appreciate it. i love pets. i love animals but a tattoo is a bridge too far for me. >> rich: ok, jonathan, how about you? >> you know, i've never considered getting a tattoo of anything anywhere but i was sitting around with my gorgeous golden retriever, cale, the other day. there she is. isn't she cute? she actually asked me if she could get a tattoo of me. so i'm taking her this weekend. >> rich: can i get a tattoo of you, too. jackie? >> wow! that's great, jonathan. so i lost my cat about two years ago, marley a little black cat. -- oh, i love him so much. but, no, i would never get a tattoo of him at all. >> rich: so um, lexi, this would be an interesting tattoo

if you were to get a tattoo. >> it is like abbey road but with geese. i don't want a goose tattoo. i don't want anyone thinking they can goose me i wouldn't even get a tattoo of my own child let alone one or three geese so, no, definitely not. >> rich: dr. segal, what's the medical advice here? >> i get a lot of patients that come in with tattoos some want them off. some want them on. the problem with the pet is no one is asking the pet. if the dog comes up to me and says, hey, doc, get me a tattoo, i'll do it but other than that, absolutely not. >> rich: here's my cat. not going get a tattoo because i just put her on national television. that's happy cat. if you've ever met a cat, none of them are happy but they do make the best of it. >> my cat was happy, ok, ed? >> rich, oh, ok.

ok. she mostly is. it's happiness but with an edge to it. >> exactly, they're cats. >> like me. >> rich: all right, gang. we're going have to leave it there. thanks for watching america's late night fox fox news@ night. trace gallagher is back monday. right, edible .com are in store to get your big nail fungus is nasty, upd nail starts improving the appearance of fungus damaged toenails in just two days. it's clinically proven formula penetrates the nail for results. you can see quickly opti nail give fungus damage, toenails, a makeover.

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