[bowling pins knocked down] when you overdo it, undo it with pepto bismol. [cheering and applause] >> greg: out of time, thank you to rfk jr. and our guests, our studio audience. "fox news at night" with trace gallagher is next. i'm greg gutfeld, i love you america. >> greg: good evening, 11:00 on the east coast, 8:00 in los angeles and this is america's late news, "fox news at night".

breaking tonight, 18 days away and the fight per battleground michigan could not be closer and could not be more important. kamala harris meeting with union workers in grand rapids while donald trump rallied in detroit. and the vp is trying on her brand-new narrative that donald trump is "unfit for office." >> donald trump is unfit for the office. >> he is an unserious man. >> reporter: >> donald trump is increasingly unstable and unhinged. >> trace: strange considering she's the same candidate accused of covering up joe biden's mental decline for three years. we will have all of the day's politics coming up in moments plus the story of a serial killer on death row. who got a sex change courtesy of california taxpayers. and kamala harris. now the surgery is so popular more than 1000 california inmates are reportedly on the wait-list. and huntington beach, california refusing to comply with governor gavin newsom's voter

i.d. banned. the city attorney telling the state to "pound sand. the leaders of serve city are live on set on "fox news at night" in minutes but we begin with the battle for michigan and the final sprint to the white house with senior national correspondent kevin corke live in d.c. with the latest. >> reporter: good evening. happy friday. the former precedence campaign rally tonight in detroit was actually marked by a nearly 18 minute delay after his microphone cut out about 10 minutes after he started speaking. but once they got those sound all sorted out his message about the economy, the auto industry, tariffs and, you know, getting things back on track for ordinary citizens of michigan, it was very well received. >> i know one thing everything -- everyone did better for five or six years ago than now. >> reporter: meanwhile the vp was also in the great lakes state with stops in grand rapids.

she was in lansing. she was all over the place, even in oakland county as the dueling campaigns continue to crisscross the pivotal state with just a little bit more than two weeks to go before election day. >> i will invest in communities like oakland county and detroit. [cheering and applause] we will retool existing factories and higher locally and work with unions to create good paying jobs. >> reporter: team trump is also said to be trying to seize the chance to attract disenchanted arab, jewish and even split ticket voters. by the way the arab vote is especially important in michigan and can tip the ballot in the state to work republicans if the presidents message lands. by the way a brand-new aarp poll shows mr. trump and ms. harris in a dead heat at 46% each although the rear -- real clear politics average as mr. trump

with a slight lead. >> trace: kevin corke live in d.c., thank you. meantime the harris campaign is trying out new talking point about former president trump to see if maybe it will stick. says he's exhausted and does not have the energy to serve a second term. jackie ibanez is live with more on that. >> reporter: good evening, trace. it appears kamala harris is taking a page out of president trump's campaign playbook, who has frequently gone after the stamina of his political opponents. listen. >> like jeb bush, a low-energy stiff. >> she will not be a good president, she does not have the strength, she does not have the stamina. >> i've got to say i'm working my off here. sleepy joe, the guy goes to his basement. >> reporter: harris told supporters in grand rapids, michigan today that now trump is the one that is not up for the task of running for president,

let alone being the president. >> he is ducking debates and canceling interviews. his own campaign team recently said it is because of exhaustion. if you are exhausted on the campaign trail, it raises real questions about whether you are fit for the toughest job in the world. >> reporter: he's anything but exhausted. those comments come in the midst of an onslaught of headlines suggesting that trump's canceling interviews because he is just too tired. trump says he actually feels quite the opposite. >> today i was at fox and friends at seven in the morning. i then went to two different other appearances. i then made about 58 phone calls. i've got 48 days now without rest. i'm not even tired. i'm really exhilarated. >> reporter: he never stops and right now with only 18 days until election day, who really has time to be tired?

>> trace: nobody. jackie ibanez, thank you. let's bring in the founder and ceo of --, marine core veteran kate monroe along with corrin rankin. thank you so much for coming on, great to have you. i want to play sound. this is kamala harris being heckled at one of her rallies today. watch this. >> donald trump and selected three members of the united states supreme court. with the intention that they would undo the protections of roe v wade, and they did as he intended. [ crowd noise ] >> you guys are at the wrong rally. >> trace: you can hear them say liar. there are other reports that say about 20 minutes into the speech and number of attendees were escorted out while shouting is lord.

unfazed, harris stop remarks encountered, you guys are at the wrong rally. she said no, i think you meant to go to the smaller one down the street. we don't know. there is video of people saying, you know, praise jesus and other things like that, we don't know if kamala let them out but either way she's pushing people out of the rally because they disagree with her. one of the things that has become prominent in her rallies. what do you think of that? >> i think it's prominent in that entire party. you can come into the country but you can't come to my rally. she even did it to all of the immigrants who tried to go to her rally. she pushed them out, all the church people out. you don't need church people to vote for you? clearly you don't because you could not go to the catholic dinner, you embarrassed yourself there. the last person who did that, it did not go well for them. is not a shock she would push aside all about you love. >> trace: we will talk about that more in a bit but this is the former president in detroit today and his rally. given the old ronald reagan question, watch. >> so i would like to begin by asking a very simple question,

are you better off now than you were four years ago? not even close and our country is not better off, that i can tell you. >> trace: that's the whole thing. he asked this question a lot. we talk about voters shifting. primarily black voters, hispanic voters shifting his way and everybody is like why? the reason is because of the economy. they feel like they were better off four years ago. >> not only do they feel like that, but they were better off four years ago. the democrat party is in full meltdown mode right now over the black vote because we have a woman of color who identifies as black and theoretically she should not be having this much trouble winning over black voters. but the fact that she is is a huge red flag for her, for the democrat party, and for her campaign in general. >> trace: speaking of red flags, let's put this up,

this is the average of battleground states. this came out today. this is donald trump on the left and read. all seven of those battleground states, he's ahead. not by much but he is ahead and all seven in this average. that is a red flag for the democratic party. >> huge. they are not just losing their minds over losing the black and brown vote, they are losing momentum while trump is gaining momentum. i think her interview that she did recently on fox was a huge nail in the coffin. rarely do you get in your own coffin and smack in the last nail but i think she did. it's quite embarrassing and i think you will see that pickup as we roll into november fifth. >> trace: they were leading and some and now all of these polls, this is kind of a conglomerate but when you have the former president and all seven leading, that is bad news. the michigan voters poll which is who is best able to handle key issues, you see the economy,

in trump's. inflation, trump's column. immigration in trump's column. abortion in harris, housing affordability also in harris but you look at the three big ones there and it is one of those things where again it spells trouble. >> yes, it does because the unique thing about this election is that both candidates have a track record to run on. this is something we usually normally do not see. when president trump was elected we had a booming economy and a peaceful world and the moment the biden-harris administration came in, they undid all of that within one year. people remember. it's not that long ago. >> trace: it's not that long ago. we shall see because now we've got 18 -- 17 days almost until the election. thank you so much. we appreciate your time. ♪ ♪ >> trace: the "fox news @ night" common sense department

finds it unusual that kamala harris did not attend the historic out smith dinner for catholic charities. she's the first presidential candidate to not show up in 40 years. and yet it's very telling that the liberal media applauded kamala harris for not being there and attacked donald trump for being there. "the washington post" accused trump of "below the belt digs. out the ladies on the view said catholic charities was normalizing trump's alleged sins and "politico" called trump mean-spirited. common sense would remind to the left that the very theme of the dinner is a little bit of mean-spiritedness. both candidates show up, take a few jabs, people laugh, it's a good time for a good cause. does the media not remember that at the 2016 now smith dinner hillary clinton accused trump of being a russian stooge, of being sexist and of having mental issues? it was mean-spirited. and it was funny.

barack obama took numerous cheap shots at john mccain and vice versa. it was mean, it was funny, it was good. the left will always villain eyes donald trump but catholic charities will always remember trump as a good sport. common sense is not saying kamala harris will not be remembered as a good sport but when it comes to competition, a bad sport is better than being a no-show. canadian jim gaffigan joint former president trump and many others at the traditional al smith dinner in new york city last night and as we've noted, kamala harris was a no-show. let's bring in the federalist elections correspondent brianna lyman and the author of progressively worse, fox news contributor joe concha out with a new book, congratulations on that. here's jim gaffigan, a little bit more at the dinner. let's show this and we will get your response, joe. >> catholics will be a key demographic in every battleground state.

i'm sorry. why is vice president harris not here? in her defense she did find time to appear on the view, howard stern, and the longtime staple of campaigning, the call her daddy podcast. >> trace: pretty good swipes that kamala harris. the whole theme of this is that she did not show up and the media the next day attacks trump. >> trace, let's be clear, whoever advised kamala harris to not attend the al smith dinner, a dinner that every democrat has been invited to for decades, in the last democrat who did not show up was in 1984, we saw how things ended there, whoever told her to stay away should be fired or seek employment elsewhere. by the tens of millions, trump is everywhere, on social media and the rare occasions where it's almost positive for him,'s performance last night was

applauded and meanwhile she is getting killed for not showing up. i mean the jokes were amazing and kamala harris by not being there showed that she looked afraid and that's not how you want to look 17 days before an election. >> trace: a lot of people were saying she was upset at her people because she thought she should have been there. she said in a video, and here's part of that video. >> i'm catholic and tonight is one of the biggest dinners next to the last supper. >> a important tradition on part -- proud to be a part of. >> is there anything i should not bring up tonight? >> thou shall not bear false witness to thy neighbor. >> indeed. >> trace: the skit was a bad idea and a bad idea not to show up. what do you think? >> that entire video was cringe. she would've been better off skipping the dinner and owning it and supplementing her absence with that video. the reason it was such a flop is because it had two main problems. it was inauthentic and insincere and she as a candidate has faced

criticism for those very things. you talk to -- juxtapose it with donald trump who was funny and on point, shooting the breeze with chuck schumer who apparently hates him and that's made trump come across as likable and authentic, something harris is struggling with. the american people got to say two different candidates last night. >> trace: exactly right. meantime msnbc says if trump is elected, the world just ends. watch. >> do they not understand that our freedom is on the line? you do understand that he will turn on this country and he will turn us into hungary. putting his enemies in jail. >> trace: the zombies. if the sound bite went on, it's the zombies and the outer space people, it goes on and on. >> it's beyond ridiculous. it shows you that the difference between genius and stupidity is

that genius has it's limits. when you watch msnbc you really feel stupid. the bottom line is, donald trump was already president for four years and all of these things that people are predicting will happen aren't going to happen because we already saw that they did not happen when he was president in the first place. that's for your right there playing itself out on live television because donald trump right now is the odds-on favourite to win the presidency and they know it. >> trace: he was in office for four you years, they've been in office for four years, you just have to compare. don lemon scolding black men who said they were voting for trump. here's what he told them. >> i had to correct them over and over and tell them that that stimulus check came from a democratic congress and from nancy pelosi and that trump held the checkup so that his name could be put on the check. they think they got the check directly from him. >> trace: he had to correct them a cause they had it all wrong.

>> yeah. don lemon this week, barack obama a few weeks chastising what he called the brothers for not voting for kamala harris. joe biden four years ago saying you aren't black if you don't vote for him. democrats have yet to grasp that identity politics is no longer a winning tactic. it's why harris put out a post this week saying and when a win over black man by giving them free loans and decriminalizing weed, as if that's the only thing they care about. not only is it insulting but it shows how out of touch democrats are with the average voter and that's why democratic base is moving toward donald trump. >> trace: joe, congrats on the new book, thank you both. three decades after convicted of murdering their parents in a beverly hills mansion, a move to -- motion have the menendez brothers gaining momentum. because "fox news at night" is based in los angeles we've got unique legal perspective to take you inside the story. christina coleman is live with a closer look at new interest in an old case. >> reporter: good evening, trace. the menendez brothers are

serving life sentences without parole for the 1989 shotgun slaying of their wealthy parents. prosecutors argue they were after their parents multimillion dollar estate but their legal team says they acted out and self defense after suffering years of emotional and physical abuse by their parents including sexual abuse by their father over many years. now la prosecutors are going to review new evidence, a letter that erik wrote to his cousin in 1988 that could corroborate abuse claims. he says i've been trying to avoid dad, it still happening but it's worse for me now. i never know when it's going to happen and it's driving me crazy, every night i stay up thinking he might come in. the la county district attorney weighed in and also noted society's changing views on sexual abuse allegations over the years. >> we have now decided on the outcome. we are reviewing the infor information. but i think it's also important

that we recognize that both men and women can be the victims of sexual assault. >> reporter: this week about two dozen members of the menendez family held a press conference calling for the release of the brothers including the sister of kitty menendez, the boys mom. >> it was a nightmare. none of us could have imagined it. but as details of lyle and erik's abuse came to light, it became clear that their actions, while tragic, where the desperate response of two boys trying to survive the unspeakable cruelty of their father. >> reporter: the district attorney will make a recommendation however the final decision will be up to the judge and he has a hearing scheduled for november 26th on this case. >> trace: a big story, thank you. let's bring in criminal defense attorney and federal litigator vikas bajaj. i want to play some sound for --

from the defense attorney for the menendez brothers. >> over 40 years of doing this i've never seen the amazing exemplary rehabilitation and mitigation evidence that we have now presented to the d.a.'s office. i've said it once, i've said it twice, if they were the menendez sisters, they would not be in custody. we have evolved, it's time. >> trace: it's his job to say that, he's the defense attorney. what do you think, having looked at this case, as you make a compelling argument? >> exceptionally compelling and this is why. sometimes defending somebody in a serious crime, we as defense litigators know all the evidence in the universe of what's in existence, but sometimes the judges say you know what, we are going to put the blindfolds on the jury and we are not going to let the jury see everything because i as the gatekeeper believe it's not relevant. in the first trial, the sexual and physical victimization of these two brothers was relevant,

it was brought out. but then there was information and recordings that came about after the first mistrial. the second judge says you know what, i don't buy it, i don't believe it, i don't think it's real. so again, that blindfold goes on. now it's not a question of what happened, it's a question of the why. in california, like other states that union, we have the crimes and we ask why. that laundry list of why now has at least two more things. sexual, physical abuse, and also males being the victims. with this evidence, if we are to be consistent, these two convicted young boys that are now grown men should be out, and frankly they should be out well before thanksgiving. >> trace: i want to read this letter from erik menendez to his cousin. he says "i've been trying to avoid dad, it's still happening andy but it's worse for me now. i never know when it's going to happen and it's driving me crazy. every night i stay up thinking he might come in." this letter was written to his

cousin prior to the murders happening. it also seems like this is evidence that kind of bodes well for them. >> that's correct. it was eight months prior to the shootings which means that it was eight months prior to some of the overt acts. the premeditation that the district attorney presented to the jury. this is compelling evidence. when you take that and you combine it with the other sexual assault and victim of the deceased father, it corroborates the evidence that should have been allowed. what should happen in this case is a resentencing that voluntary manslaughter, credit for time served in the sake of consistency and release these two young man. >> trace: i've got ten seconds but this netflix show, monsters, doesn't have an impact? >> of course it does, as does the election year but let's not forget this action has been brewing for 18 months of litigation. >> trace: thank you. coming up, california going after one of it's own cities for simply wanting voters to prove

who they are when they show up at the polls. governor gavin newsom versus huntington beach is next. later in the nightcap... >> this stupid show the view is so bad now that the other day i was watching it and thinking to myself you know what, they really need to bring rosie o'donnell back. >> it was offensive and it was way off the mark. >> i thought he was undisciplined and mostly unfunny. >> trace: legacy media slamming trump's al smith dinner speech last night is below the belt and offensive and yet kamala harris did not show up. what do you think of trump's roast? isn't the dinner supposed to be somewhat combative? let us know x and instagram @tracegallagher, we will read your responses coming up in the nightcap. there are many ways to do things. at old dominion freight line, we do them this way. this way has people who start early. people who care and inspire each other to do things the way they should be done. this way uses technology

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>> trace: the city of huntington beach and california continues it's fight against governor gavin newsom and the states legal efforts to ban voter i.d. let's bring in huntington beach city attorney michael gates, city councilmember tony strickland and the founder of american gravy concepts, restaurant owner and chef andrew gruel, thank you for coming on. michael, i want to put this up because this is california attorney saying actually he's talking about you. watch. >> they have taken an action to violate the law of the state of california in a way that is intentional, brazen and will now be subject to accountability and actions we are taking in court. >> trace: it's laughable when california has violated federal law a million times and now they are saying you have to follow what we lay on the table.

what you think about that? >> they just passed a couple new laws, the voter i.d. law and another that tries to tell cities what they can put on their bookshelves and libraries and what they can't. huntington beach as you go in march the voters passed a voter i.d. law in huntington beach and out of 482 cities we were the only city to do so. but then the legislature and newsom decided to pass a new law to ban statewide having voter i.d. frankly we have a constitutional right to do so and we will continue to do so-and-so we are going to see him in court and we will let a judge decide what we are confident we will keep our voter i.d. >> trace: what do you think tony, california -- because of what huntington beach is doing. >> we are fighting for our citizens and municipal governments and the california constitution says we have the ability to do so. much like san francisco and san jose had their laws up there. i told a state senator who offered the build out the bill is worth nothing.