at harbor freight, we design and test our own tools and sell them directly to you. no middleman. just quality tools you can trust at prices you'll love. whatever you do, do it for less at harbor freight. ♪ [cheering and applause] >> greg: out of time. walter kirn, emily austin, kat timpf, tyrus, or studio audience, i'm greg gutfeld, i love you, america. [cheering and applause] >> trace: good evening, i'm trace gallagher.

11:00 p.m. on the east coast, 8:00 in los angeles and this is america's late news, "fox news at night". breaking tonight, the trump campaign celebrating another victory in the courts against what they call shamet law fair attacks. the judge delaying sentencing indefinitely in the new york case, meaning it could go away altogether. plus a top general who said president trump was fascist to the core and a danger to the country now says everything is going to be okay. >> bottom line is america will be okay. there's a lot of waves out there but this is a strong country. >> trace: speaking of making waves, pam bondi, trump's pick for attorney general, has sent a shock wave do the mainstream media, begging the question, why is the left so afraid of her? >> she's america first, she believes in donald trump, she will work well with him, side-by-side. i'm confident and her. she will come in, clean the doj

up. >> trace: senior national correspondent rich edson is live in west palm beach with the latest on a bunch of new cabinet picks. rich, good evening. >> reporter: good evening, trace. president-elect trump ended the week with a wave of administration choices from national security to public health and the economy. it's a long list from just this evening alone including the labor secretary, the office of management and budget. former fox contributor as surgeon general, former congressman as cdc director. former fox contributor doctor marty mcgarry as fda director, former congressman scott turner for housing and urban development secretary. senior director for counterterrorism, the principal deputy national security advisor, and treasury secretary. treasury secretary is a trump advisor and called her

president-elect very sophisticated on economic policy while defending trumps tariffs plans. some economists have criticized trump's proposal saying tariffs would raise prices for american consumers and manufacturers. they argue tariffs have 3 benefits. >> 1, to fund the treasury, 2, to protect u.s. industries, and donald trump has added a third leg to the stool and it's for negotiating leverage. >> reporter: the treasury department is the premier economic post and the administration, leading economic, tanks -- tax and sanctions policy and manages the nation's debt. it's getting pretty big. back to you. >> trace: rich edson live in palm beach, thank you. the new york judge presiding over donald trump's conviction on 34 counts of falsifying business records has postponed the sentencing date indefinitely. senior national correspondent kevin corke is live in d.c. with more on where it all stands. >> reporter: quite a night in washington. legal observers hailing this as

a major victory for the president-elect because judge juan merchan not only granted the former precedence request to file a motion to dismiss, the judge also removed the sentencing date from the schedule. that means trump attorneys now have until december second to file their motion to dismiss and new york's d.a. alvin bragg has until december ninth to respond. meantime trump defense attorney and now nominee for deputy attorney general is demanding the case against the former president be tossed. "on november fifth 2024, the nations people issued a mandate that supersedes the political motivation of the people. this case must immediately be dismissed." todd blanche says immediate dismissal of the case is mandated by the presidential transition act of 1963. and the "interests of justice" in order to facilitate the orderly transition of executive

power following president trump's overwhelming victory in the 2024 presidential election. the transition act has been amended numerous times including as recently as 2022. it requires the basics like provide transition teams with office space, facilities, funding for transition staff and access to other government services. critics argue the trump team is just ignoring the transition rules, with some calling this a hostile takeover. times are changing here in the nation's capital, trace. >> trace: quickly. kevin corke live in d.c., thank you. ♪ ♪ the "fox news @ night" common sense department feels like we are living in the old song by the trump hating band rem, the song is, it's the end of the world as we know it, but i feel fine. that very sentiment was echoed today by the former chairman of the joint chiefs general mark

who's is under trump's leadership the u.s. will be fine. that's the same general who just weeks ago said trump is a fascist to the core. the most dangerous person in the country. it's weird how trump is no longer fascist or dangerous because joe biden who said trump would end democracy, end the republic, now says that under trump it's going to be okay. so it's the end of the world as we know it but milley feels fine, biden feels fine, morning joe feels fine. common sense thanks the truth is they always felt fine but democrats were not going to beat trump by feeling fine about trump. morning joe wasn't going to beat fox and friends by feeling fine about trump. general milley wasn't going to be invited on morning joe by feeling fine about trump. feeling fine does not cell. death, desperation and doomsday predictions itself. but common sense thanks on november fifth, voters want to polls and showed they are not

buying the end of the world as we know it. in fact trump voters ended up being shiny happy people. let's bring in alicia gross and may mailman, thank you for coming on. allisha, to you first, i'm going to play some sound. this is general milley at an event in d.c. when he said this, watch. >> bottom line is, america will be okay. there's a lot of waves out there but it's a big strong country. >> trace: it is so fall -- phony and dramatic when you see this change. oh, my god,, before the election it could not be worse and i would like move on. >> it kind of reminds me of the friends that are always on-again, off-again. he's the worst and now we are back together and he's the best. milley's right here. i don't believe he was right before when he called trump a fascist and i don't believe he believe that. we are a big strong country and part of the reason is because of

this beautiful thing hour founding fathers gave us called constitution that provides checks and balances to whoever is in office. i would like to give the liberals a little note, do some deep breaths, recognize and meditate this evening after you are done watching the show that those checks and balances are a good thing. whenever the guy that you don't like ends up being and power. >> trace: leave the drama. may mailman, former federal prosecutor, cnn analyst said this to "new york magazine", quoting here "somebody needs to tell the manhattan d.a.'s office that the trump case is over. but the question here is alvin bragg, because he's hanging on for dear life. >> yeah so presidents while in office cannot be prosecuted but there was an open question since president trump was prosecuted before he was president for the second time whether they would quickly try to sentence him before he took office. it sounds like they are not going to quickly do that but it

seems like alvin bragg may want to hang onto the case for all four years so he can pick it up after trump's second term. the american people are tired of the law fair. they voted against this, this is not something the people want, and plus it's complicated. if trump tweets something that alvin bragg does not like, is he going to try to hold him in contempt like he tried to do for a year in advance? so the american people voted against this, let it go and let trump be the leader people voted for. >> trace: one of the people who could fix all this is pam bondi. here's matt gaetz talking about pam bondi. >> i know what an immigration hard-liner pam bondi is. i know she's got no tolerance for the censorship, i know that she is part of the election integrity infrastructure in florida that became the model for the country and she can deliver that election integrity. >> trace: it seems like a lot of trump's reforms might begin with pam bondi.

>> pam body is brilliant, she's great. and a past life i used to bugger on that talk radio show run by your colleague sean hannity. pam is an experience prosecutor. it's funny to see the about-face that some of the media has done with her because she's a legitimate prosecutor and will do so much as attorney general to clean up shop and to make sure that the laws on the books are being followed and to really stop this law fair at the federal and hopefully statewide level. listen guys, that's pair it down and do the job we are supposed to do instead of the job that one political party does or doesn't want us to be doing. >> trace: i'm unclear on this hannity person you speak of. >> on a couple hours before you. >> trace: heard a couple good things about him. senator on pam bondi overhauling the doj. >> we need to open the books on what these agencies have done, how they've gone after trump, how they've gone after conservatives, how they've gone after religious americans, people of faith. >> trace: is it a good

strategy, may mailman? >> yes. you need somebody who knows the department of justice in order to clean up the department of justice. we know -- but let's not forget they tried to sue virginia, they did sue virginia to put noncitizens back on the voter roles. they sued the state of georgia for having jim crow 2.0 and which more people voted than ever before in george's history. this is a department of justice that top to bottom and every branch was committed to a political agenda and for everybody to say it is just going to be fine, no, it's not going to be fine. there have to be consequences. the department of justice has to be reoriented to adjust. >> trace: i think that's a fair comment. thank you both. reaction outpouring in from across the media and political spectrums to trump's selection of pam bondi as the incoming attorney general. christina coleman is live with the latest on that.

good evening. >> reporter: good evening, trace. some democrats and political pundits are worried about president-elect donald trump's nomination of pam bondi as the nation's next top law enforcement official. >> one reaction i got from inside the justice department last night was this is matt gaetz with another legal resume. >> she will be every bit the loyalist that matt gaetz would have been, just with a little more legal experience and a little less baggage, or so it seams. >> pam bondi is without a question qualified to be attorney general. that level of experience is on par with or better than most united states attorneys general that we've seen over the past 50 years or so. >> pam bondi is what i was saying in the last segment that we should all fear, because she is competent. we may not agree with her ideologically but she actually knows how to do this job. >> so they are worried because she's competent? i thought that was a good thing. president-elect donald trump has known pam bondi for years, she served as florida's

attorney general and trump's nomination announcement, he said "for too long the partisan department of justice has been weaponized against me and other republicans, not anymore. pam a refocus the doj to it's intended purpose of fighting crime and making america safe again." >> i look forward to confirming pam. i don't think she will have any problem and president trump will get what he wants to get to get the attorney general's office serving the american people again, not serving the party interest of the democrat party. >> pam bondi has always shown that she's tough, she's smart, she's absolutely a great pick. >> she has also served as a prosecutor for nearly 20 years so extensive legal experience. >> trace: christina, thank you. let's bring in host of the emily saves america podcast emily wilson and the author of what's killing america, jason rantz. jason, i want to switch gears if i can hear because i want to talk about the msnbc headline, we've gone over this a thousand

times about the lakin riley trial, the conviction yesterday, as well as the life sentence. msnbc put up these headlines today. i'm going to put them up there. lakin riley's killer never stood a chance. and then they changed it to the guilt of lakin riley's killer was never in doubt. they clearly figured they did something wrong here. and he posted on x, to they know who actually stood a chance? pointing of course to lakin riley. maybe it was not intentional, but very thoughtless nonetheless to put up this it was 100% thou. it was disgusting that no one caught this before it went up. at the same time, it wasn't intentional. when you read the article, it was actually a horrible article with a really bad take which was essentially saying that why is there controversy from conservatives over this went obviously he's going to be found guilty? that wasn't the actual controversy. there controversy was about why he was in this country to begin with. on the one hand you have a hideous absolutely disgusting

headline, and a really, really bad take in the article. >> trace: that's exactly right. speaking of msnbc, here's john stewart calling out joe and mika. watch. >> they spent the year going this man will destroy all that you hold deer. literally one week later they were like, so we have lunch, light lunch. it shows the performative nature of so much of all of this [bleep]. which is again when we talk about credibility, like. >> trace: what credibility? that's the whole thing. we talk about credibility but there is no credibility when you call someone evil for a long time and then you are like let's go have lunch. >> yeah, he said a year. what do you mean a year? they've been calling trump hitler for like over eight years now and was crazy is overnight, it's so funny listening to him talk about accountability. he looks like he's been through

the ringer by the way. hopefully he's doing okay. i'm not a fan of his show. it's crazy because unlike these are the same people that i'm like if you truly thought in your heart, and you were a crazy liberal, that he was hitler, if i truly believe that i would leave the country. it kind of means that they've been lying the whole time and he's really not that bad and terrible and evil because none of them are leaving except for ellen. >> trace: and maybe streisand. hakeem jeffries surprises with the following. watch. >> something i'm struggling with and i would love to hear your thoughts on this, how did a convicted felon resonate more with americans then a hyper qualified woman of color? >> i do think that the emerging lesson, separate and apart from reasons maybe connected to race and misogyny, is that the economy was the dominant thing. >> trace: you could see them

all kind of going back like weight, this is a narrative, race and misogyny is a narrative and you have to follow that. everybody must kind of step in line, jason. >> yeah, sunny hostin loves to lean into that stupid talking point when everyone at this point has actually acknowledged that yes, she was a horrible candidate who did not focus on the actual issues that people cared about. she ironically responded to a sunny hostin question that pretty much sank and he hopes of her campaign when she said she would do nothing different than what joe biden did over the last four years. if you are sunny hostin, you live in this echo chamber with a lot of other really privileged new to stupid people and so it's not connecting with her. maybe hakeem jeffries actually did connect this time. >> trace: we will talk a lot about the spin-off, the spin-off of them -- msnbc from nbc and elon musk, there's talk about this thing could be for sale, elon musk replied on x, how much

does it cost? joe rogan replied on x, if you by msnbc, i would like rachel maddow's job, i will wear the same outfit and glasses and i will tell the same lies. everyone is having fun with this but msnbc is kind of free-floating right now. >> they are worried. here's the thing, he won so of course they would have unlimited amount of content going on the next four years but think about not being part of the republican party right now or even independence. we are living through some of the most fun times for us and it must be no fun to be on the other side and be against people like elon musk and joe who love free speech and bringing it to platforms so people can have different opinions and have fun with it. it sucks to be on the other side right now. >> trace: one elon musk sask -- he said the same thing, how much? he could buy it. emily, jason, thank you both. breaking tonight, an escalation in the middle east. israel launches air strikes on hezbollah. it's a stronghold, they were in

beirut. you can see in the video the explosions lighting up the sky. it's early saturday morning there. at least four rockets were fired, several people killed, dozens more injured. this is the fourth israeli air strike on lebanon's capital this week. remember, there are talks of cease-fire both in lebanon and in gaza and hamas. neither one has come to fruition. we will keep covering the breaking news. if he continues this path and he continues to threaten nuclear war, continues to threaten the united states, at some point a red line will be hit. he will not pushed around president trump. president trump can be very frank and straight and i believe january 20th, this saber rattling that putin is putting out will immediately stop. >> trace: for a closer look at the biggest threats facing the u.s. and the state of our

military in these last two months of the biden administration let's bring in former navy seal who trained with the idf in israel, cameron hamilton. great to have you on the show. you heard oklahoma senator there saying bin about vladimir putin. it seems to me that vladimir putin in recent weeks feels much more emboldened and that could be dangerous. what do you think? >> good evening, trace, thank you for having me. i think that is spot on. what we have seen with president putin is quite a bit of the ability to really respond in a protracted way and in unique methods. he's now declaring openly that he's waging war against nato. i think president biden alleviating the restrictions on the ukrainians to strike in the heartland of russia was another big escalation that we've seen in the conflict. again, this is because of the constitutional powers granted through the appropriations for the ukrainian aid bill. i think russia will continue to act this way until trump is seeded as president on gender 20th. then i think putin is a

pragmatist and he will likely broker for some kind of piece. until then, i'm not surprised if he wants to escalate the rhetoric, escalate the conflict and gain more territory. >> trace: it's interesting because you are the man to talk about this. a lot of talk about military readiness including the stockpile of weapons. here's the indo-pacific commander saying his thoughts on the shortage may be of weapons. listen. >> but now with some of the patriots that have been employed, some of the air-to-air missiles employed, it's now eating into stocks. to say otherwise would be dishonest. >> trace: when you hear that, do you think depleted and then does that equal weight weakness or a lack of military readiness? >> it absolutely is a lack of readiness. there is an advantage we've had by providing some of our older materials to ukraine. it's allowed us to modernize and improve and replace certain items but that takes time.

significant supply chain infrastructure has to be brought about. so the united states military, the fact is, it's not ready as it was earlier on during the war on terror in 2008, 2009 and even 2010 periods. so we are at a degree of vulnerability. that being said, we still have some of the most advanced technology. however we have this politics in our military. we have poor physical health readiness, difficulty meeting recruiting demands. you name it, we can stack it up for days, the fact is our military is not the fighting force right now that it could be. >> trace: i have to go here but i had to ask you because general kellogg said today he's worried about the fact that you have china, you have iran, you have north korea and you have russia kind of teaming up. does that worry you? >> it absolutely does, especially since north korea perk -- put personnel on the ground fighting against the ukrainians. this is a significant escalation. this axis of power i would not

be surprised if it expands further. it will be much more difficult and challenging to broker for piece. yes, this is extreme like concerning. >> trace: cameron hamilton, great insight as always, thank you sir. coming up, the nfl issuing a security warning after a wave of burglaries targets some of their top players. and all of a sudden the biden administration now allowing illegal immigrants to skip there in person check-ins with i.c.e. i wonder why. later in the nightcap, georgetown university law student was told to take a test a few days after giving birth and to bring the baby in an effort to be fair to nonbirthing students. what would you do if the university said that to you or somebody you love? let us know x and instagram @tracegallagher, we will read your responses coming up in the your responses coming up in the nightcap. ♪ hello, can you hear me? sure can. ♪ everybody hear me? sure can. do you hear me? sure can. ♪

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♪ ♪ >> trace: federal authorities say a south american crime ring maybe tied to a series of burglaries at the homes of wealthy athletes, including some very well known star players. here's the senior correspondent. >> reporter: millions watch as sports heroes take the field telling criminals no one is watching their homes. the homes of superstars are being burglarized and law enforcement says a sophisticated multistate multinational crime ring is orchestrating it. super bowl champ travis kelce's home was hit on october seventh. patrick mahomes was burglarized the day before. >> something you don't want to happen to anybody but obviously yourself. >> reporter: nfl security sent a warning to players, multiple sports leagues have become increasingly targeted for burglaries by organized and skilled groups. law-enforcement officials have noted these groups appear to exploit team schedules to target athletes homes on game days. it's not just the nfl. a couple of men were captured on

security video outside the home of milwaukee buck player before he was burglarized. >> had a home invasion and they took most of my prized possessions. >> reporter: the taps are not limited to athletes. a detroit suburb has been hit. the police chief says burglaries come in waves, leading him to believe criminal crews travel and target locations. >> based on arrests made in oakland county and michigan, we have confirmed that some of these nationals are from chile and some from venezuela. >> reporter: the burglaries show a pattern. wi-fi gets camped disabling the alarm system, they focus on the master bedrooms and closets were people store jewellery, watches, cash and expensive handbags. the burglars are in and out quickly. >> these transnational crime rings out of south america, they know exactly what they are looking for. >> reporter: previously disclosed that about $20,000 have been taken from travis kelce's home. no specifics about items stolen. abc news reported today that his watch surfaced in providence,

rhode island. back to you. >> trace: mike tobin in chicago. let's bring in former la county sheriff and author of the new book sheriff, holding the thin blue line entity blue state, a "new york post" reporter, thank you for coming on. jenny, i want to read the headline of your story, biden administration quietly loosening immigration policies before trump takes office including letting migrants skip i.c.e. check-ins in new york city. these people won't be vetted and we do not know where they are. what is the hope. we. >> right, so the pine it administration is quietly putting in place a number of policies just weeks before inauguration day. one of them being this app, the portal app whichto skip in pers. the reason that this is really problematic is not just the fact that it leaves no accountability on these migrants, but in so many ways it really has no way of tracking people. if they use a laptop to use the computer version of the app they

don't even get a location from it. i.c.e. does not know where these people are. if they use their phone, they only know for a period of seven days from there. so this is already, you know, a fraught system. it's been tested in many i.c.e. offices and it's failed in it's early stages. now they are taking it to the two the century city of new york city to launch it again. >> trace: it's crazy. meantime foxnews.com writes the following, i.c.e. arrests alleged child sex predator gang member and massachusetts. you think about that headline and now think about what the governor of massachusetts said just two weeks ago. watch. >> with the massachusetts state police assist in mass deportations? >> no, absolutely not. >> trace: absolutely not, sheriff. they are hurting their own people. they are literally willing to risk their own citizens just so they can make a statement about illegal immigration. >> it's like the mayor of denver. he said he would use denver police to actually oppose header

immigration which is mind-boggling and probably a crime in and of itself. we have to hold people accountable. the fact that open border program of the biden administration has been a disaster, now we have a huge border crisis, now a safety crisis and how do we resolve this without creating a humanitarian crisis. >> trace: it's unbelievable. we did the story last night about massachusetts, three children were raped by illegal immigrants and you have the governor saying nope, we are not quite to help the federal government at all. we have these south american theft rings. we were just talking about them, talking about targeting athletes. here's the milwaukee bucks and the kansas city chiefs. >> while i was at my game yesterday, i had a home invasion and they took most of my prized possessions. if you have any info regarding this, please send it in. >> obviously something you don't want to happen to really anybody but obviously yourself. >> trace: the bottom line here that nothing and nobody is

sacred. >> absolutely. every level of society, people are being affected by illegal immigrant crime in this country. and it's happened just within the last couple of years where we have seen this huge spike. it's not a coincidence with what's happened at our southern border, but what's more concerning is just within those couple of years is these crime ribs have become so savvy. we have trend a aragua that has established gun smuggling rings in migrant shelters in new york city. they've taken over apartment complexes, they've taken over hotels. then you have these south american crime groups to add to that you are able to jam home security systems, and that is just within arriving to the united states. so what will they be able to accomplish if they continue to bounce around from city to city without getting nabbed? >> trace: that's the scariest question a ball. i was fascinated because it has nothing to do with illegal immigration we don't think but i was fascinated by this. san francisco fox a silly --

affiliate had the following, san francisco police say they've arrested eight retail suspects as young as 12 years old. who they believe are responsible for 23 incidents at various walgreens stores, totaling more than $84,000 in stolen merchandise. 12-year-olds. why are you using 12-year-olds? 's payment remember before the progressive criminal justice reform movement, before prop 47 people used to conceal when they were going to steal something. that goes out the window with all that movement. now it's out in the open, brazenly, and recruiting the youngest possible means they are the least likely to be held accountable. but they got now in california with prop 36 passing, pamela price got the boot, others got the boot, it looks like we may be able to turn the tide and go back to law and order. >> trace: but it does not meet the -- mean these 12-year-olds will have any consequences. sheriff, jenny, thank you. coming up president-elect trump

making america's schools great again, how he plans to restore parental rights and support lessons on actual knowledge and skill instead of critical race theory or gender indoctrination. meantime 8:35 on the west coast, "fox news @ night" trip across america, a live look at lax, did you know the airport has its own hit song called la international airport? never heard it. next nashville, tennessee, the country music capital of the world and a live look finally at syracuse, new york, nicknames the salt city. if you can't join us live, don't forget to set your dvr and watch as any time, we are coming right back with a little education for everyone. vapo at cold. ♪ ♪ dayquil plus a rush of vicks vapors. ♪ vapocooooool ♪ woah. dayquil vapocool. the vaporizing daytime, coughing, aching, stuffy head, power through your day, medicine.

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>> trace: former education secretary backing linda mcmahon and her nomination to be the next education secretary. speaking of education, let's bring in california justice attorney julie hamill along with parents defending education founder and president. thank you for coming on here. julie, "the new york times", talking about sanctuaries for los angeles county schools but it's written by "the new york times". it reads as "the leaders of the la unified school district, the nation's second-largest school system, enacted their own immigration protections later the school voted unanimously to reaffirm a immigrants actuary policy that it had approved back in 2017 during the first trump administration. out you have the la schools like la city council says we aren't going to coopera cooperate with trump and you think just like boston, you are hurting your own people by not cooperating. they want to get bad people out and you want to let them all in. >> what's the most disturbing thing about all of this is this

comes the same week as the lakin riley murder trial, where this trend a aqua gang member was convicted on all counts. -- tren de aragua. everyone on social media and local media is reporting but there's an exception for violent criminals. no there's not. it has to be someone who was convicted of a violent crime in the united states, was deported and then came back in and then they have to get permission from a bureaucrat to arrest those people. it's absolutely insane. >> trace: speaking of absolutely insane, defending education broke this story, nicole neily, on the boston public schools white affinity mission. let me read this to you. we aim to educate, support and respectfully challenge one another as white people, to face the historical and current realities of racism particularly as it has impacted and continues to impact the boston public schools. bold steps to eliminate our own racial bias and through our individual and collective

leadership, the impact of racism on students, families and staff, the mission statement was drafted by the white affinity group. whites only program to be more or to be less racist. >> yes, this is something we found in boston public schools so we filed a complaint against them. for segregating teachers and parents. they also had parent affinity groups, on the basis of skin color. if your school district is using public tax dollars to do something the kkk would be proud of, you are probably doing it wrong. it's appalling that this ising e found this happening from coast-to-coast, california up to maine. this seems to be really accepted pedagogy that is perfectly acceptable to treat people differently on the basis of characteristics, shame them and then pat yourselves on the puck for doing so. appalling. >> trace: it is and it's also amazing. you are doing what? here it is, georgetown, posted on x, georgetown law has told a pregnant student whose baby is due during exams that she must

take the test a few days postpartum with baby in tow. no early or remote exams since it would be inequitable to all other nonbirthing students in her class. their response, georgetown's response was this, we have reached mutually agreeable solution with a student who raise their concerns, they won't tell a student university question and they don't want, privacy on the whole thing. what is your take? >> kids are so soft these days. i'm just kidding. but kind of not. i went to law school. law school finals are very serious. usually you are not allowed to get an accommodation to take a test after other students have taken it because there's this problem with potential cheating. but this student asked to take a test early, she also asked to take it from home at the same time as other students and that seems to be in line with georgetown's policies. so i'm sure they are accommodating her now. >> trace: they wanted her to bring her child with her and they were saying this is not to

offend, not to offend the other nonbirthing students. >> i have a feeling that it's being misinterpreted. i mean the baby needs to nurse so i think that's what they were trying to accommodate. i think they were trying to not disrupt the rights of the other students who do not have a baby. not because they are nonbirthing, but it's not fair to them to take the test and then she gets to take it later. >> trace: the lion share of people on x thought it was preposterous. nicole, what you think about getting rid of the department of education, parents defending education, what do you think about that? 's payment obviously shutting down the department of education is not as simple as flipping a switch. hopefully when incoming secretary linda mcmahon, after he's confirmed, there will be a lot of cleanup. unwinding all the very bad programs that were put in place by the biden administration and moving things more towards an orderly outcome, unwinding things, moving things over to other agencies. she has a huge amount of work ahead of her but she's are

really capable businesswoman and i think what's most important about her is that she has shown that she knows how to identify customers and give them what they want. she knows that customers are families in the system whereas the biden-harris administration, teachers units and -- had progressive activists as their customers. we are about to see a change and i'm so excited. >> trace: it is going to be a big change. nicole, julie, thank you. coming up in the nightcap, a d.c. area law student, as we were just talking about, was told to take a test a few days after giving birth and to bring the baby with her to be. to nonbirthing students. the story getting a lot of reaction on social media. it's going to get more just after this segment. we want to know what you think. what would you do if a university said that to you or somebody you love? let us know x and instagram @tracegallagher, we will read to respond to -- responses next in the nightcap. ♪ ♪

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♪ ♪ >> trace: back with the nightcap crew, kevin corke, emily wilson, julie hamill, alex, elisha, krauss... a georgetown university law

student was told to take a test a few days after giving birth and to bring the baby in an effort to be fair to nonbirthing students. what would you do if the university said that to you or somebody you love, jason rantz? >> as a nonbirthing person ally, i would recommend she says she does not give a [bleep] about the men who can't give birth and then remind the extremist to identify as a law professor who apparently skipped the gender-based is from a nation course that conservative social media is unforgiving and i would post the professor's info online. >> trace: julie, would you like to respond? >> thank you. if it were me i might differ, which i did differ law school for a year for personal reasons. my husband burns it -- burned his hands off during the bar exam and i had to take the exam with burned off hands. law school is very serious, the exams are important, there's not a lot of accommodation. >> trace: emily. >> i'm not sure how to feel about this. when you read it initially it sounds insane but at the same

time we are living in insane times were unlike apparently this cisgendered female i assume is now a birthing person and she's going to now be a chest feeder and this is the world we live and so whatever happens, whether a ghost awoke way or the normal way, i don't know what to tell you. >> trace: cameron. >> my wife would tell the university to go pound sand and that hurt test score identifies is a perfect score. >> trace: cabin. >> i would love to go to georgetown law. that was a great answer. just kidding. listen, i saw the statement from our producer. it did not say mom, it did not say mother. i think they are letting you know where they stand. i think a lot of people rightly would be offended. >> trace: elisha. >> i've traveled all over the country speaking with my babies before they hit 18 months because they are unbearable on planes and upon to do it but my rule is, if i am in depends postpartum i'm not getting up on the stage. it's unbelievable that they would ask her as a breastfeeding

mother to bring her baby there and i would say the professor whom i'm assuming is a male should have a vasectomy and then issue that test the next day and see how it feels. >> trace: sheriff . >> two points. one, to quote mr. t, i pity the fool. number 2, whoever is the p.r. company for the school, they need to get fired. >> trace: leases as ask the other students to go three days without sleep and bring a baby with them to make it fair for everyone. ryan, it's insulting to suggest let alone require. paula, i broke my right hand in college softball and was required to take an exam the following morning. sometimes you have to suck it up. -- at asked them to babysit while i follow lawsuit. -- unand roll immediately and take my money and business elsewhere. thank you for watching america's late news "fox news @ night", i'm trace gallagher in los angeles, have a great weekend and we will see you monday.

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