>> greg: [ unintelligible ] [cheering and applause] >> good evening it's 11:00 p.m. on the east because it is like

here in los angeles and this is america's late news fox news at night. and breaking tonight exactly two weeks before the election and kamala harris surprising many including a lot of democrats by taking a day off the campaign trail. >> she's off. she's off. i can't get over it. who the heck takes off when you have 14 days left? >> trace: critic say her staff is not realizing the more she is out there the more damage she does to the campaign. and today she continued the biden cover-up. look. >> it was a bad debate people have bad debates. is absolutely that's the reason why you're here and he's not running for the top of the ticket. >> what you would have to ask him if that's the only reason why. >> what do you think? >> i am running for running for president of the united states joe biden is not. >> it's a judgement question that's why i asked. >> she ducked and dodged and avoided answering questions altogether. >> what you consider if you win

and he is convicted pardon for former president truck? >> i'm not going to get into those hypotheticals,. >> trace: do you believe transgender americans should have access to gender-affirming care in this country? >> i believe we should follow the law. >> trace: for the record that's what government does and she's running to lead that government, in the meantime donald trump marking his 52nd day in a row on the campaign trail. we have team fox coverage ashley strohmeyer is live in new york city on? 's campaign, but we begin with bill live in greensboro carolina on the former presidents multiple campaign stops in the tar heel state bill good evening. >> good evening to you former presidents trump's campaign rally here in greensboro tonight was actually his fourth campaign event here in north carolina, just as yesterday morning he has been hitting the tar heel state very hard it's a crucial battleground state and as usual the ring as rally tonight he made the border one of his central talking -- talking points take a listen.

>> you're witnessing the economic oppression of americans to reward and enrich illegal aliens. they come into hotels and they stay and help luxury hotels paid for by the government, and they walk past our veterans were sleeping on the feat right in front of that hotel. but all of that stops two weeks from tonight. >> trace: and take a look at this this is a moment that was garnering some headlines as well. trump was joined on stage by former democrat congresswoman poulsen gabbard who announced that she is going to be joining the republican party. but it was comment that president biden people make -- me today that have people talking tonight. biden was. but trump and his policies biden said quote we need to lock him up speaking of trump. while the trump campaign is responding tonight saying quote joe biden just admitted the truth. he and kamala's plan all along

has been to politically persecute their opponent president trump because they can't meet him fair and square. the harris biden administration is the real threat to democracy recall on kamala harris to condemn joe biden just grateful remarks. and back out here live another trump is finished here in north carolina he is flying out to georgia tomorrow where he is going to be holing a campaign rally then on thursday he will be flying out to arizona where he is going to be holding another rally. trace he is making a full-court press of these battleground states or we are now just two weeks away from election night, i'll send it back to you. >> trace: tick-tock bill leifer is in greensboro think you bill. let's begin california g.o.p. chairwoman jessica and our nc deputy director of hispanic communications beyond corrupt rig is. thank you so much for coming on. beyond, to you first hear it is this is the shock bowl. this is the "usa today" suffolk poll. at and has that -- hispanic voters and look at numbers, you have in august, harris was at

53% today she is at 38%. was a 37% in august today he is at 49% of the hispanic vote. that is a 27% swing in 45 days. >> it is incredible. we are seeing historic inroads within our community, and it's the reason because donald trump is focusing on the topics and the issues that matter most to our community. meanwhile we have kamala harris pandering to our community thinking that all we care about are the same issues, and talking about racism win in reality the only racist individuals right now include kamala harris and the democratic party. and considering our vote simply for cheap later -- labor and trying to continue promoting illegal immigration taxpayer-funded changes for illegal migrants are minors, it's so many extreme things and policies that latinos do not stand for. >> and jessica to you now because when i think back about

eight years. this is 2016. here is what some of the liberal pundits on msnbc were saying about the latino vote. >> nobody has come up with mathematical route to the presidency that allows you to have that kind of a negative number with latino voters. >> what he's doing is actively repelling those people. actively making those people not want to vote for him. >> trace: they were laughing at trump back then because he wasn't getting that kind of latino vote. and now he is, and when you say owe mathematically it's not going to work out, that is a big problem for the democratic party >> especially when you see this trend, and it's going on for several years now with the republican party, we have seen the investment that the rnc has made in community centres like right here in california. i'm going to give you a couple of examples get congressional numbers like mike garcia khaki saw an 18-point swing amongst latino voters from 2020, to the 22 election cycle. david bell a dale sought 16 points way amongst latino

voters, latinos are rode back to sanity and president trump being with latino business leaders today in miami was a big deal,. >> speaking of a big deal, had to early but -- of the footing that was a coming in and they are suppressing a lot of people. here is what democratic operative mike halperin had to say about that. watch. >> of the early book numbers stay the way they are, and that is a big "if" if these numbers hold up, in the states where we can understand even partially what the data is like, we will know that donald trump is going to be president on election day. >> in georgia the numbers have more than doubled in the early going beyond cupcake. >> that's right in the miami-dade county we are seeing record numbers as well have hispanics going out to vote, and this is just not your typical election, and that has been made clear. there is at least 2 out of 3 latinos are either protestant or catholic. they are also realizing that the democratic party no longer stands for christian values. and they are looking for the republican party to defend that,

we have already seen that indifferent rallies with j.d. dance, 70 else is going and he said yes that is correct as king. meanwhile we see the complete opposite from kamala going know you're at the wrong rally. that is not the type of values that latinos stand for, and they are hearing and watching very clearly and that is why they are going out vote and record droves. >> trace: nobe has pushed harder for this really put people to get their votes and then you jessica. you surprise like this when you look at charging you look at some of these numbers are you thinking while? are you thinking, yeah, i thought so. >> we were hoping we would all get to this point and we are glad it is happening but when you are watching numbers in nevada for example. there has never been a time were republicans were competitive on that early vote as they are right now. our chairman michael mcdonald has done a phenomenal job with the graph game and that's going to make a difference, all of these races are going to be decided by a few key states, and it is going to be the special teams, that's the grassroots getting out the vote, and that's what's going to make a difference,. >> just got, young cat thank you

so much for coming on. meantime as the harris campaign doubled down on claims that donald trump is exhausted the vice president took the day off the campaign trail. >> speaker-10: her running mate tim walz and former president obama rallied supporters in the critical battleground of wisconsin. actually live in new york with a new information on this. actually good evening,. >> high trace that paris can paint is continuing to go after donald from stamina even though he is the one who visited two states today and she had nothing on her public schedule except for a couple of prerecorded interviews. >> executive three interviews and his staff in a moment of clarity and truth said he was exhausted, i can promise you, he is not as exhausted as the american people are of him. [cheering and applause] >> greg: >> trump is taking thanks a step further now calling his opponent lazy. >> she is off. she is off. i can't get over it.

who the hell takes off when you have 14 days left? and she will take a couple of more days off to you know why? she's lazy as. >> the tit for tat comes as a candidate make the final appeals to the american people. for the harris campaign that means bringing in the big guns to help energize the base as democrats struggle to motivate black men. >> what i cannot understand is why anybody would think that donald trump we'll shake things up in a way that is good for you. >> and trace while 70% of black men currently support harris, according to new york from siena college poll, that number is a huge drop from the 87% that voted for joe biden in 2020 and that is of course according to a fox voter analysis trace. >> trace: the numbers are getting weird. ashley s in new york think you. [ ♪♪ ] >> trace: the fox news tonight common sense department's favourite idiom is quote throwing spaghetti at the wall to see what sticks. it means to make a large number

of attempts hoping one will succeed. like the harris walls campaign calling donald trump a bunch of names hoping something resonates. including weirdo, felon, hitler. and now the democrats latest pitch is to call trump exhausted. saying he cannot handle the rigours of the campaign trail, kemal said -- tee says being president of the united states is probably one of the hardest jobs in the world. common sense wonders how she would know. she's never been president, much trump would know because he was president. and by the way the former president is now on his 52nd day in a row on the campaign trail, including hundreds of interviews, dozens of rallies in dozens of towns. even attending a famous charity dinner that kamala harris skipped. meantime first calling trump exhausted and 14 does he go until the election is off the trail. kamala harris home in d.c. doing interviews as of the media won't hit the trail. bret baier remember came to her. so she is at home from his on

the trail, was exhausted? common sense would remind harris that trump is not only talking and rallying, he summoned up enough energy to pick up a shift. at donald's. that from new york congresswoman alexandra kostyuk cortez. we don't have it. so she was trying to discredit from a president trump's shift on the fire, talking about donald, pennsylvania mcdonald's he was in, let's bring in fox 11 l.a. thinker alex michelson rnc creator and pro-israel activist. emily often along with the federal elections correspondent breanna lyman. thank you all for coming on. alex kew first brian stelter cnn posted the following here on x, trump is lying about harris doing an event with latina leaders right now. he is right wing talking points saying she's taking a day off today when in fact she is taping high-profile interviews with nbc and telemundo today.

we been doing this a while. you know that she is in d.c. she can get interviews there, she could go to pennsylvania cash could go to anywhere she wanted to and they would follow her the same way that bret baier did last week. >> they would be anywhere she wants to pick but it's also unfair to say that she's leaping today. she did do high-profile tough questions from both interviewers today, is going to have a cnn town hall tomorrow answering questions from folks as well. so she is engaging and not completely disappeared. because she be out of the valley if you want to do today? 100% yes. >> trace: surprise she's not it arrived today? >> certainly is surprising at this point you got to do everything you possibly can. but she did have barack obama out for her which frankly may have been better than what she might have been able to do herself. >> trace: tim walz calling trump low stamina listen to him. >> our team is running like every thing is on the line. because everything is on the line. or barnstorming the country. it takes stamina to be president.

and donald trump does not have stamina. >> i don't know emily austin the stamina thing just doesn't seem like it's got legs, because donald trump is on day 52 in a row of the campaign trail. >> i don't know if i exactly trust the judgement of folks who just lied to me not having two months ago that joe biden was as sharp as a tack to run for presidency. and it is funny to me that they discredit donald trump as if he hadn't been president already for four years. they pretend that it didn't happen and they are talking about stamina. donald trump just arrived to -- so much to assassination intense got back up on his feet and proceeded to run for president as if it never happened and is doing what -- with it over something kamala harris who takes a day off or let me guess mental health reasons, or maybe she is just avoiding the media because the more she seems to be speaking she is hurting herself with her words salads. >> i wanted to play the sound bite breanna because of that was fascinating, this is a supporter of donald trump and he is talking about mcdonald's, talking a little bit about the stamina, he said this, we had to

bleat a few things but we did watch,. >> legendary man. taking a bullet, standing back up with his fist in the air, taking all the law fair every case every charge getting back up defeats it all. i've been alive for a few decades. never anything like this guys. this is next level broke. this man never stops he never sleeps. >> trace: i get the feeling he likes trump briand. >> yes, and he's right donald trump doesn't stop. and you mention the mcdonald's valley a thing that's important to talk about. donald trump when he stopped by mcdonald's on sunday he was reminding the american people that it doesn't matter what job or profession you have, but that every american job counts to him. whereas kamala harris she liked to claim she work at mcdonald's and has no corroborating evidence and wants that to be taken as fact, and the reason democrats are throwing a fit this week about mcdonald's and campaigning as they are trying to deflect from her own shortcomings,. >> i want to go around the horn very quickly if i can one apply

the sound bite, this is maria shriver at a town hall saying she can't really take questions watch. >> so sit back be comfortable. you are not unfortunately. we have some predetermined questions that hopefully i will be able to ask some of the questions that might be in your head helps okay. >> trace: to you on these town halls i've covered a few that do a lot, i haven't heard that the predetermined questions, that's what town halls are for. you get to stand up and ask a question. >> is not a real town hall it that's all predetermined questions, she does have a town hall tomorrow, and we will see what happens there. but kamala harris throughout her career has always been cautious. she has avoided answering a lot of questions taking during her time here at california. and in these final days she needs to mix it up and be a little bit more spontaneous if she wants to catch up. >> trace: and she was asked begin about three things that he wouldn't see from her in a campaign at, we might not know, and she said this watch.

>> i have lived a full life. i am a wife, a mother, sister a godmother. love to cook. >> trace: your reaction to this emily? >> great character traits. none of which make seem remotely fit to become president of the united states and i don't really understand why that question required a lab chuckle from her. probably because she was nervous and realized maybe i don't have the qualities to convince the american people why they should vote for me for president. >> trace: lastly to you beyond a here as "the wall street journal" op-ed. simply has harris given up on harris? the theme as she talks a lot about going after trump attacking trump. doesn't really build herself up that much, 15 seconds for you. >> this is the same playbook they ran in 2020 with joe biden, was in the joe biden was a good candidate, that that he dealt wasn't donald trump got unfortunately after having four years of biden harrison four years of donald trump you

realize it's better to have trump than to have a candidate who isn't trump. >> trace: be anna, emily, alex have a good show tonight alex thank you. our latest fox news power rankings are out showing the 93 electoral votes remain up for grabs. and never means presidential race is still very much a toss-up. the single national correspondent kevin cork live in d.c. going inside the numbers tonight, kevin good evening. >> beat evening traits. the vice president is predicted to begin election day two days from now with 226 electoral college votes. former president trump will likely begin the night with 219 again that's based on the past, into based pretty much on how we expect most of those dates to go. that means the rest is up for grabs in the battleground states, which also means that both candidates are equally equipped to reach 270 the magic number. and in our latest national fox survey, well it is echoing that's, showing just how tight things are with mr. trump up 50,

to 48, much trailing in the poll, 50 to 49. meanwhile according to the real clear politics rolling averages tonight the former president is still leading. and each and every single battleground state. that is despite common underreporting bite g.o.p. voters in polling. but he is still within the margin of error in every one of those states. however,, in the last power rankings came out ms. harris has been working very hard to reverse liking support among young people, black voters especially men, and overall among men by opening up to more interviews you talk about that, and also leaning a bit into star power on the campaign trail including barack obama. while the former president looks to lighten his image just a bit. taking part in an all woman town hall on fox and yes dishing out fries at mcdonald's. now for those of you wondering and keeping score. roughly 14 million ballots have already been cast. and well some people are claiming that fewer americans

are expected to vote early the cycle, it is just as likely that more g.o.p. voters will post ballots earlier than expected this cycle which could terminate possible long election week into an early election night. >> trace: they're flooding in. posterior and political analyst frank. to you i want to play this ad, this is the broken record trump at. i got about ten seconds of it here it is. >> making life more affordable for people where one or two specific things you have in mind for that? >> so i was raised as a middle-class kid. >> a group is in the class kid. >> a group in a middle-class family. >> trace: you think this ad is going to hurt kamala harris why frank? >> things were the most significant adds of the last year. because it points to the rehearsed nature, the inauthentic nature of a presidential candidate. real people answer questions differently. real people answer questions specifically.

they give details, and if you're running for president, you have the responsibility to be precise with what you are going to do and voters have the right to know that precision. and it is not happening, and i think that this ad, more than any other that trump has put together explains the weakness of the harris campaign at this moment. >> i want to give we talked about early voting a little bit earlier here frank but i want to put the numbers on the board, this is georgia. and the first early voting, one point -- 1.8 million voters passed about in 2020 was 846,000. more than double frank. wood he make that? >> i think people can't wait to express their point of view. and early voting is usually reserved for people to vote against the candidate. these are people that want to the election to be over with, because they want the incumbents to be over with. i think this is a significant sign that republicans may do well in this election, because

unlike 2020 win trump told voters to not vote early, don't trust that process. this time they to trust at, this time they are participating and make no mistake. from the moment that trump was the victim of an assassination attempt, has voters look at that and said enough. i want this man back. and that moment is win a whole lot of republicans decided that they were going to vote early and not wait until election day,. >> trace: a lot of draw drops in this thing u.s. today suffolk poll. this is among latino voters. harris 38 from 49. that is national. is a 27-point swing and 45 days frank. got 30 seconds i wish i had more, but it seems like it is pretty astounding. >> it is astounding and at the most significant change from 2022 right now. and this is, if donald trump wins he will win because of the latino vote, on the latino vote is very broad, it comes from many different countries, but they have one thing in common, they want opportunity, they want the future and they hate inflation, this is not about

immigration, this is about affordability. and they are coming to make a decision that donald trump we'll make their life more affordable than kemal harris, who we still have two weeks to go. >> trace: always pledged have you on the show sir. coming out of the 2024 election can have a major impact on education policy. polls show a majority of americans support school choice, so why aren't democrats and racing at? and later in the nightcap, 14 days. kamala harris taking the day off from the campaign trail. meantime trump marked his 52nd straight day on the trail. if the left still holding that trump is exhausted and unwell. what do you think of the donald's trout -- card strategy? is it effective is it desperate? let us know. ask and is the -- instrument trace gallagher, we will read responses coming up in the nightcap. coming back with the education panel next.

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>> that a society can make towards it's children is to invest in their education by extension their teachers. >> trace: willie growing number of political analysts believe school choice has become a sleeper issue in the presidential race. let's bring in the coauthor of stolen youth bethany mandel. and oklahoma state superintendent ryan walters think you both for coming on. i mean bethany do you first pick you see kemal harris does not support school choice, it is a big concern because there is a worry that in battleground states she might pull some of that funding away, and that is what a lot of people were worried about, which they say, hey, this might be a big sleeper issue.

>> i wish i had a time machine that i can go on your last segment and argue when she's had on camera that she is a mother. no she isn't. no she isn't, and i don't thank she understands how heated this issue is for parents, especially young parent like gd vance gekko had to experience life during covid and the kids were locked in the public school and lack of public services. and they did not have a choice about where their kids went to school. and so when a place where i left like maryland the public schools were closed and the private schools were open. and lo and behold no one died. this has become a real issue i think for parents because over the course of covert they realized that they are kids are not being well served in the public school systems across the country. you and i think brian walters coming over this issue better than you i want to put this up on the screen because the democratic party platform tickets as the following, we opposed the use of private school vouchers to wishing -- tuition tax predator opportunity scholarships and other schemes

that divert taxpayer-funded resources away from public education. coming this is preaching to the teachers unions pick what you make this platform? >> is the most antifamily anti-parent platform we've ever seen. and again that is kamala harris' and walls is asian for america. government in charge, parents and families destroyed, and just create social justice warriors of these kids, let's get boys and girls for the sketch tampons and boys bathrooms, in do you look at donald trump president trump is the most pro-family, pro parent school choice agenda in american history, he is a pro parent president. he has done more to advance education than any other president in american history. we see that he has won the education of. you mention the polls over 70% doubt support school choice, that is president trump ouch fighting for every child in this country to have the right to choose the school that most benefits them in their future, and now he has won the debate, i'm so this is going to be a huge turn of the election to see

all of these families in their inner cities and rural america. they are saying thank you president trump we want the guy who has fought alongside us from day one that person is donald trump no question about it. b3 superintendent walters got -- at the nail on the head there in the polls show it bethany mandel this is not ranged talking this is 70 plus percent of the american population supports school choice. and the democrats are acting like it's some niche issue that people are going to forget about. >> this was the decisive victory in virginia and the governor tory old race last time, because he spoke this present. randy weingarten is the biggest proponent for school choice in america because we have seen what these unions have done to public education in this country, and 70% of americans think that children shouldn't have to suffer because unions have decided to run the public school systems across the country into the ground. >> trace: foxnews.com the headline with this, red state

requiring schools to incorporate bible into curriculum basis lawsuits. hit a big suit its a big deal. your thoughts on this because i know you have been kind of mashed in this topic for a while. >> it's all the kamala harris back groups the aclu et cetera they are coming into fight this this agenda with listen our parents and grandparents have been clear in oklahoma they want to get to know american history. they want their kids to know about american exceptionalism the roll of the cost of tuition equation of independence in the bible plaguing american history and we don't going to back down that. we need to understand american history will meet as the great's country in the world for us to continue to be that great country kitchen we will continue to fight these radical kamala harris group here in oklahoma to defend parents and grandparents. >> trace: i wonder if you have any kind of input on this. 's 152nd wanted you to weigh and get your thoughts on this. >> from a historical in literature perspective the bible is one of the seminal pieces of

text that we can red to understand all of human civilization, and so we can't really understand the world and history as we know it not to mention literature and stories without the understanding the stories of the bible. >> trace: bethany mandel ryan walters think you both. meantime secretary of state antony blinken in jerusalem making a personal page 2 is really for minister benjamin netanyahu to bring an end to the war. the senior foreign affairs correspondent is in haifa, israel, tonight. >> secretary of state blink and in israel for the 11th time since the war began. fighting all around. sirens in tel aviv some 15 has below rockets raining down. most intercepted. as well said it had the hezbollah target near a hospital in beirut. 18 killed including children, to wind a half-hour meeting with israeli prime minister netanyahu was described as friendly and productive to brutal ground coverage.

ending the war in gaza with hamas. another his chiefs and more is dead, and releasing the hostages, limiting the growing conflict between israel and hezbollah in lebanon, with the is really president herzog lincoln said. >> we have to make sure that this is a moment of opportunity to move forward, and that is the focus of all the conversations we are having here. >> the u.s. and others still bracing for israel retaliation after around missile barrage. these rent -- and winning foreign minister doing his own shuffle to the plumbers he. in kuwait he said iran wasn't interested in more but if israel attacks iran in any way tehran wood respond to get. >> perhaps another one bites the dust. the idea of saying tonight he has killed in a strike earlier this month top hezbollah official hush himself that he. has reported to be the successor to nasrallah. has below hasn't confirmed that, what the rinks are thinning. trace. >> trace: thank you coming up on l.a. city council candidates in the quiet part out loud.

revealing what some progressives really think about the police. afterwards and all. and the public's initial reaction does not bode well for her campaign. more on that story next. [ ♪♪ ]

>> trace: the democratic candidate for city council here in los angeles taking tonight over some the audio were profanely insults law enforcement officers much everywhere, jeff paul is live with that story tonight, jeff good evening,. >> the profane comment was made last week while l.a. city council candidate isabel geraldo was speaking to students at cal state los angeles. she was asked about her stance on police, and spending on law enforcement and here's how she responded, b1 is someone who is myself pro abolishment of police were used in the spectrum? and also, what do you think about mill young discretionary

fund spending on overtime for police? b1 f the police soic had. >> trace: that lyric she was quoting this from a song. they say she was the lyric because it is quote been a part of the larger conversation on systemic injustice in police accountability for decades. but it was just an lyric and i am proud to be accessible to young people and students. listening to their concerns and treating them like the future leaders they are. however, the l.a.p.d. doesn't see it the same way. me integral in chief of police as it is disappointing and diminishes the hard work and dedication of the men and women of the l.a.p.d. local police unit now calling on voters to choose another candidate over the quote foul mouth immature and disrespectful f-bomb attack on local police officers. geraldo is working to unseat

kevin daley on who also faced criticism on an audio recording from a few years back leapt back in 2022 in a conversation between two other now former council members. racist comments were made at the three discussed ways to strengthen the latino influence during district discussions. >> trace: thank it is an attorney. the city council is a mess in los angeles we can stipulate that right away and i'm not even a lawyer for the mission of throwing out there. is about running for l.a. city council, you are jeff they're saying it, the daily mail kind of recaps a little bit the student asked, as someone was myself pro a bullish mint of police, where you stand on that spectrum? and then she responded yes, what is the rap verse after the police that how i see them geraldo said. and the police union immediately came out against her. she is running for office. is going to get to dillion who is accused of his own racism. it's a message khaki window how l.a. >> so infantile at the disgraced race, sheet there is to herself,

i think if anything she showed she is not qualified to take public office. >> it's amazing to me because move on to some of these other topics, and we are talking about daniel penny now because daniel penning is a big name. the trail is beginning hatchery selection is underway. he is the man, the former military person accused in new york of strangling, manslaughter of a homeless man under train who was threatening people on the train. paul moreau had this to say about the trial watch. >> the prosecution who has the burden of proof is going to have to say you went too far. you with a reckless or negligent depending on which of the two charges. went too far you could have let them up once the data was mitigated. >> trace: a lot of people in a sing with daniel peary was racist for doing that, and a lot of them are saying no, we were in fear of our lives out here that was the whole thing,. >> is a rush to judgement in my opinion, there was no evidence of racism, and now we have witnesses, passengers were saying we feared for our lives this man was threatening to kill

us. we were scared this guy defended asked, that is going to be pivotal in this case. this witness testimony,. >> i wonder if the timing plays into this cat because it was a lot of people saying oe had them we held him there for like five or six or 7 minutes, and then went back and they look at the stop, it was only a few minutes between each stop and it was only a little after one stop. so the timing, is that play? if you are the defence attorney, it had to be a big factor in this. >> can militia what you're going to take came out method is about the totality of circumstances. now we see, there was a lot of other cell phone footage that's going to come in. witness testimony, there issue really here is self defence, or defence of others, and the evidence shows that,. >> it's amazing because now that has gotten so much play. social media is praised over this holtman and his brother netflix thing. we talked about this last week but now it looks like this thing is really getting a second look. so the trial of lyle menendez, a social media going crazy netflix, it comes down to whether or not these brothers were sexually assaulted by their

father. and i want to take you back, this is 1993 at the trial. lyle menendez testimony on the alleged abuse watch this. >> between the ages of six and eight gate your father have sexual contact with you? >> yes. after sports practices he would massage me, and we would have these talks and he would show me he would fondle me. >> trace: if you get the testimony today with things be different? >> so different. 35 years they spent in prison because the second judge in the trial said, you cannot present evidence of your main defence, which is and physical abuse. may need to be resentenced, time served and released immediately. times have changed, man, boys can be victimized. >> trace: well they? will they be released?

>> i suspect they will be. have a great attorney my colleague mark geer were those who has been working on this issue for about 18 months. both families, both families of the mother and the father are supporting the release. there is a legal basis for the release and again times have changed. the view of the world is different, in the idea that the judge did not allow this evidence in is absolutely abhorrent. >> he is suffering from exhaustion. thank that is apparently the excuse for why he is doing interviews. >> his staff in a moment of clarity and truth said he was exhausted. >> the reason he's cancelling appearances khaki want to a town hall on your network. front to a second debate is because he's exhausted. >> trace: 14 days to go into kamala harris is taking the day off in the campaign trail meantime trump marked his 52nd straight day on the trail, at the left still upholding the trunk is exhausted. and he is unwell, what do you think of the whole donald trump is tired strategy?

is it effective? or is it desperate? let us know, x and instagram trace gallagher we'll read your responses coming up in the nightcap. but first on the brain kill me show tomorrow be sure to get president trump's interview. is that 10:06 a.m. eastern time on fox radio. he's going to talk a lot about joe rogan going on the joe rogan podcast on friday. don't miss it. kill need tomorrow and a sixeesh eastern coming right back. eastern coming right back. [ ♪♪ ] >> i will be honest. by the end of the day, my floors he should. but with the time to clean? look at that! swiffer wetjet.

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♪ ♪ >> trace: back with a "the nightcap" crew, alex michelson and brionna come tonight's topic, kamala harris took the day off the campaign trail just two weeks before the election while trump market his 52nd day straight onto the trail per what you think of the trump's tired strategy, is it effective? or are they just tossing a spaghetti on the wall and seeing what stakes, ashley strohmier? >> and they are reaching big time on this pick anybody who watched the guy for 5 minutes no sea can run circles around people have his age, any person that has more energy than him isn't my 1-year-old son. >> trace: brionna, your

thoughts on this? >> when they realized calling the trump vance ticket is weird, they had to scrape the bottle of this pick it seems like rejection! >> trace: it does. >> he is a same age as my dad and i don't understand how he has so much stamina and energy to go from every event while my dad is at home taking his two hour nap tired is not an adjective and i use to describe donald trump. >> trace: if a felon did not work, i think exhausted is not going to work for. >> the democratic strategist were to say his rhetoric is exhausting, poles would indicated most voters don't buy that and this does not seem to be working. >> trace: kevin corke? >> i mean come on. [laughter] always accuse you of what they are doing compared that is what i would say about that. >> trace: jeff? >> i think donald trump is a lot of things but tired is not one of them he goes and goes,

energized. >> trace: coke after coke after kokrak actually, what you think of this? he says marty tired of him appeared they don't want to talk about policy because they are so unpopular, the threat to democracy talk is not working, heather, they know their basil believe anything they say here had he says, can think of any rationale anything they do or say, say, all nonsensical as with everything about the harris-walz campaign it's the opposite of what is going on here, scott, democrats trying to abide in him through, if he is tired i can't wait to see trump when he is rested pick you can smell the desperation, rhonda they have nothing else, these are the same people that is a joey aranda circles around them here, thank you for watching america's late news, i'm trace gallagher in los angeles, we will see you back here again tomorrow per j i sure can! ♪ everybody hear me?

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