and for generations, more will still be here. right by your side. ♪ ♪ >> thank you to jennifer, and more, fox news at night is a next. i love you america. >> trace: good evening, it's

11:00 p.m. on the east coast, 8:00 here in los angeles and this is america's late news. fox news at night. ♪ ♪ well now that did not age well, breaking tonight bipartisan backlash after president biden said he will pardon his son convicted on federal gun and tax evasion charges in two separate cases and it comes after months of biden saying there would be no pardon.

voters on both sides of the aisle also unhappy and republicans are now calling biden the liar in a chief. meantime closing arguments underway in the daniel case we have top-notch legal analysis as a verdict appears imminent but let's start with the presidential pardon, we have team a fox coverage. peter live in west palm beach where trauma rivals are now coming to the table, but we begin with the senior national correspondent kevin live in d.c. with the presidential pardon that has the whole country talking. >> good evening, he did not repeatedly misspeak, he lied, plain and simple. that is the view of a growing

number of politicians who tonight are absolutely pummeling the elder biden for claiming again and again that yes, he would resist the temptation to pardon his son only to spectacular go back on his word. quote, a wide range of legal experts have pointed out this pardon is indisputably within his authority and warranted by the facts of the case, well on capitol hill tonight others are practically in -- incandescent.

and while joe biden famously clicked on twitter that quote, nobody is above the law, tonight, that post on twitter has been tagged with the community note, offering a bit of context about his son and breaking the law but still, receiving a pardon apparently above the law perhaps, not the ultimate argument of public opinion but a fairly good reflection for many americans tonight. >> trace: fairly good reflection indeed. kevin, thank you. of busy few days with the president-elect speaking with mexico's president, hosting both canadian prime minister justin trudeau and meta chief mark zuckerberg, peter live in west palm beach with the very latest. >> good evening, we are getting some new details about that trumpet trudeau dinner from two people who were at the table with them. we are told that when trudeau mentioned to trump new tariffs could kill the canadian economy,

trump, the president-elect joked back at him that if canada cannot survive without ripping off of the united states to the tune of $100 billion per year, that may be, canada should become the 51st state and trudeau, could be at the governor. also tonight we have some new details about what the canadians are offering to try to head all of that off, inspired by frustration with the drugs and people coming across from the north. the president-elect is hoping to keep concessions coming with a warning to adversaries on a truth social part of it saying, please let this represent that if the hostages are not released prior to january 20th, 2025, the date i take office of the president, there will be hell to

pay in the middle east. mark zuckerberg just came down, elon musk has been a mainstay as his administration will soon be tasked with regulating ai for the first time. and the late-breaking news here in the palm beach, this weekend the president-elect is going to paris for the reopening of the notre dame cathedral. >> trace: breaking indeed, peter thank you. ♪ ♪ the fox news at night comes we have come to a point in time where lies no law -- no longer live. a false or fabulous them, of

these days is simply the truth. misunderstood. president biden has stopped his media mannequins that hunter biden would not receive a pardon. because quote, nobody is above the law. but common sense is pretty sure hunter biden is above the law. not just for the crimes he has already copped to, this pardon is sweeping -- mix odeon sweeping. just in case some future d.a. does not abide the b.s. of course, the media liars covering for the political liars, the daily be said for joe biden quote, let's give him this. give him what? are we supposed to offer dispensation for a lifetime of lies, do we put the pardon, the plagiarism and corn pop some sacred pile? msnbc calls his prosecution unfair and his criminal case is

trump falls. whoopi goldberg told a colleague to stop calling biden's live, alive. because hunter was on drugs and trump was not. we have come to a unique and dangerous point in time. one lying eyes, are lionize. let's bring an deputy assistant director of hispanic 100 jenny along with former white house assistant press secretary harrison, thank you both for coming on. harrison do you first -- i want to play reaction to biden pardoning his song and i will get your reaction, watch.

i mean both sides of the island, harrison not really a lot of mercy? >> not at all, there shouldn't be. this is icing on the cake on the worst presidency in american history. in less than 50 days this nightmare will be over once and for all. this goes to a larger problem, and this talks about the hypocrisy with in left in which they talk about the billionaire class, millionaires, the rich people need to pay their fair share, meanwhile hunter biden went and invaded taxes to the tune of millions of dollars, also talking about needing more gun laws, this is a man, a criminal lied on a form to try to obtain a gun, meanwhile his daddy, the president of the united states gave him a slap on the wrist and is now pardoning him for 10 years of potential crimes, this smells like corruption, the american people don't like it, but the good news is president trump will become away in less than 50 days when he -- trump, assumes office. >> trace: biden has cemented

his legacy for many not as the commander and chief but the liar and achieve, this is one of the most disgraceful pardons even in the checker history of presidential pardons, biden has lied to cover up a corruption scandal that reportedly, brought his family millions in a raw influence peddling. this is a family pardon jenny. >> it's amazing, while president trump promises, over and over again joe biden told the people he was -- nobody was above the law when talking about trump, but he has proven the biden family is above the law and the timing is so amazing. usually presidents don't do any controversial pardons as they head out the door january, he is trying to hide something for hunter and himself, or he just doesn't care. >> trace: people coming not necessarily kissing in the ring but coming to the trump table here. watch.

some of these people who are showing up, harrison, do not like him they have made it clear they don't like him, why are they coming? >> they don't like him but they respect him because they know he is a true leader, listen joe biden and kamala harris said when we get into office the adults will be back in charge. meanwhile our allies and adversaries have had a field day around the globe and has taken advantage of the american people while we have been left here to suffer. president trump does not play that game, when he's behind the oval office the world knows that a leader is back at 1600 pennsylvania avenue and this is why trudeau flew down to west palm beach immediately, the mexican president called president trump and now you are seeing peace deals already starting to form because they realize that president trump is

not going to allow these endless wars to continue. >> trace: yes, there is a news out there that change is coming. meantime this was set on cash patel being the fbi director watch. he's right, we have had cash on the show many times, he has always been a straight shooter. >> he's a great choice and is a great sign the republicans are coming out for him publicly, i served in the trump administration and he held many roles, the chief of staff of the department of defence, that's in a major -- and amazing management experience. he knows foreign and domestic laws, what else can you want an fbi director? >> trace: jenny thank you so

much, harrison thank you. let's bring in independent women features editor and chief caitlin and syndicate or gosh, thank you for coming. katy you first use of whoopi goldberg, i have replayed this thing three or four times trying to divert figure out exactly what she was saying, that comes across as being uninformed, i don't know exactly what the crux of the thing is, but it was one -- but it was wrong what do you think? >> one of the most frustrating things in the past four years has been to watch the democrats and biden's defenders in the media try to make him someone

that he is not. he was never the unifier from day one he pushed policies as a -- that divided the country. he is never than middle class, he has raked in millions of dollars and he certainly has been anything but honest. even today you hear very few democrats who are coming out in opposition for biden's lawlessness on display instead blaming donald trump, blaming past presidents, when joe biden is the only person responsible for this disaster. democrats need to be very honest about how they have contributed to this event as well. >> trace: talk about democrats, here is scott jennings on cnn and charlamagne tha god saying this, watch.

i mean, the whole thing has been watched, people every single day lied to them and when they are lied to again they keep watching. >> it's funny i feel like a charlamagne tha god, is probably one of the biggest reasons that donald trump actually won this election. if you recall, it was him who had that reaction to the utterly insane kamala harris sound bite back in 2019 talking about the taxpayer subsidized, so called affirming care for prisoners. apparently that trump advertisement they ran in response, shifted the national 2024 elect 32.7 points, charlamagne tha god 11 of the heroes, believe it or not, who could've imagined this but just

to echo what katie was saying joe biden has been a liar his entire life. i'm a lawyer by background, back when it said all these ludicrous slander, joe biden was one of the meeting... he was a liar back then, robert would... >> trace: and you're going after cash patel, watch. -- andrew going after cash patel, watch. i think he's thinking, he's

coming after me i better shake. what do you think? >> i think a good indication of weather you were on the right side of history's being able to tell by who your opponent is and if andrew is your opponent you are on the right side of history. let's be clear about this, fbi officials are upset about the cash patel nomination because they are worried he is going to dismantle or disrupt the fbi. guess what, that is exactly what people voted for when they elected donald trump into the white house this past november. they wanted him to come in and to disrupt the bureaucracy that has acted completely on it -- unaccountable to the american public for years. if cash patel can do that he is the right man for the job. >> trace: this is sunny apologizing for the 30th time, watch.

it's like or forced apology, i have 20 seconds for you to wrap us up but they keep letting it go on. >> yes, they keep letting her go on and honestly, speaking of the 2024 election cycle the views, the ladies at the view, they made an in-kind contribution to the trump campaign, by consistently saying the craziest up on a daily basis. they have learned zero lessons. i look forward to the day when they snap up the reality of it ever come. >> trace: thank you both. ucla student government leader allegedly discriminating against and -- against jewish people and the zionists, matt his life, that evening. >> the editor in chief of the student run jewish magazine, she said she was denied a paid spot

with the campus hit group because she is jewish. in a written complaint to the ucla they are asking for a fellow student alicia to be removed from her paid position as the cultural affair commissioner alleging vertigo used her power to decline five students various paid spot on campus because she claims, they are a zionist. in that young woman's complaint brandon provided pages of evidence including text messages which she said shows alicia conspired to decline jewish students positions by alleging their zionist, one text reads, psa, lots of zionists are applying, please do your research when you look at the applicants and i will also share a dock of no higher list during the retreat. ucla jewish magazine reports vertical apparently stands by

her report, it's an organization that has historically and continuously stood with marginalized -- marginalized and vulnerable populations. ucla condemns any sort of discrimination and is reviewing this complaint, the cultural affair commission did not respond to our request for comment. >> trace: match thank you let's bring in a jewish do it at ucla. -- matt thank you, let's bring in a jewish student from ucla.

>> it's wild we are seeing this but truly not surprising that's coming from the cultural affair committee at ucla we know alicia is a textbook definition of an anti-semitic, we've seen her posting about this ever since the october summit massacre, she has used her platform to spread hate messages about jewish people at ucla. >> trace: watch this video.

>> i'm not saying we should limit their freedom of speech for some education would be nice. >> trace: i want to put this up because this is kind of instructive and i found this from "the new york post", it's a chilling report revealing how widespread anti-semitism is at u.s. colleges including new york city. it goes on to give a bullet point and look at the 72% feel unwelcome in a certain spaces on campus simply for being jewish. 52% had personally been victims of anti-semitism at their schools, 67% feel the university did not take sufficient action to protect jewish students, 43% say they hide their jewish identity from classmates out of fear. out of fear! again college campuses in the united states, 2024. >> students i know are hiding because they are scared to walk around campus because of people like this person, people that have power in our school and

they are worried that alicia will do something to them in forms of her position of student government. >> trace: keep us informed. best of luck to. coming up, the chance of guilty as the trial comes to a close but will the jury agree? we have an analysis coming from closing argument next, and later in the night, the goldberg scolding her fellow cohosts for saying president biden lied about his decision to pardon his son, hunter, likely changing his mind after donald trump one. do you believe there is any situation in which biden did not like? about pardoning hunter, let us know, twitter and instagram, we will read your response coming up, in the nightcap.nt ♪ ♪ a

>> trace: jury deliberation likely to begin in new york city in a few hours, the case of the marine veteran charged with killing a subway rider who was threatened on the passenger's. daniel's defence team insists prosecutors failed to prove his guilt. in new york tonight. >> the prosecution gets the final word with the jury but it comes after daniel's defence team asked jurors who would want to be with on the train that day, telling the jury that their client acted to protect others after jordan got on the train, hurling threats. defence attorney said it is no coincidence, there is only a video of the daniel's restraint because he said, it's the only time people felt safe enough to take out a phone. he pointed the body camera video showing subway riders felt relieved when penny stepped in.

also arguing that penny only kept holding the restraint because the other man kept fighting back saying the prosecution have not proven that penny kept squeezing up until the moment he let go of nearly. prosecutor so far in their closing argument told jurors, while there is no evidence he scared other riders, the choke hold was held for too long. penny's initial restraint became unjustified when he kept his hold even after the subway doors opened and passengers were free to leave. the accused penny of lying about things that would make him appear guilty and his nearly 30 minute taped interview with detectives after the incident. once the prosecution finishes its closing statement, jurors are set to begin the liberation. >> trace: thank you, let's begin criminal defence attorney and federal litigator vic with eyes and her criminal defence attorney robert, thank you both for coming, okay sound bite this

is from daniel penny's attorney and i will get your reaction and one moment, watch. the time when argument, a good argument that? >> excellent argument this is why you have experts on both sides, penny caused the death and that is all she wrote. expert on behalf of the defence say, will you have a marriott of cocktail ingredients in this person, k2, synthetic marijuana causing very violent and erratic behaviour, tested to do that and known to do that. he has a history of schizophrenia, he may have been having a delusion at the time, he also had sickle cell anemia,

so you have a battle of the experts, there is a jury instruction that is true in every case in the union, if there are two reasonable interpretations of the truth, you as a jury must adopt, not can or should or may be want to, but you must adopt the one that points towards innocence, this comes down to a case on whether they like daniel penny or they don't like him. >> trace: meantime manhattan d.a. assistant d.a., said this to the jurors quoting, you obviously cannot kill someone because they are crazy, and ranting and looking menacing, no matter what it is, and they are saying. but you can resist or you can hold somebody who is maybe possibly threatening people. >> you certainly can, this is the central question in the case, was he exercising reasonable self defence or was he simply engaging in a form of

vigilant justice taking somebody out who he felt was a threat. what i think is notable in the closing argument is both sides focused on his prior military experience, characterizing that very differently with the defence saying, his training allowed him to hold the victim in a way that was nonlethal, using that as part of their causation argument with the prosecution pointed to the same military experience and said, he should have known better. he had the training to make sure the victim didn't die if he didn't want that to be the outcome. >> trace: it's fascinating meantime i want to move to the hundred -- the hunter biden story, the 2014 day is significant because it is about one hunter went into business with the ukrainian energy company that gave him money, he failed to pay taxes. it goes back 10 years and a lot of people have said, aside from richard nixon this is a sweeping pardon.

>> you have to wonder why, forget about the lies, forget about the misleading public during the pre-election, forget about all of that, one has to wonder of the punishment was going to be relatively low, and by the federal sentencing guidelines they would've been relatively low in the spectrum of severe punishments, why give him at this sweeping immunity which is what it is, going back 10 years? that is to put a muzzle on them because there is no circumstance upon which he can now be forced to testify, i know there is a healthy debate about the fifth amendment and weather the pardon excuses or resolves that privilege, but this really resolves the entire investigation. why does it do that? because when you are under oath that you can say i assert the fifth of when investigators come on over to talk to you, you don't have to assert the fifth you can just say nothing. this essentially puts a muzzle on others. >> trace: "reason" magazine

josh writes the following here, today special counsel david filed an opposition to the motion to dismiss, something tells me these briefs were drafted some time ago in anticipation of a potential biden the pardon, what you think about this? >> it's an interesting brief to read, on one level they are not arguing about a lot because really the argument is weather the district judge should dismiss the case or hold it in and take it off calendar. which for hunter biden's purposes is not going to have any practical difference. it is interesting because to me the special counsel is laying down a flag and really defending the reputation, investigation and prosecution team saying there is no selective prosecution, no vindictive prosecution, hunter biden made those arguments and his a delaware case that was rejected by that judge for lack of evidence and just logically, that there he would have to be

that hunter biden's own father instructed his attorney general to appoint a special counsel to selectively prosecute his own son. it doesn't make sense. >> trace: gentlemen, thank you. coming up new york taxpayers footing the bill for migrants in their city but you won't believe where the payments are going! that is next. of their intestinal lining. serious allergic reactions and increased risk of infections may occur. before treatment, your doctor should check you for infections and tb. tell your doctor if you have an infection, flu-like symptoms or if you need a vaccine. healing is possible with tremfya.

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>> trace: new york city's 220 million-dollar deal to turn a hotel into a migrant shelters coming up under new scrutiny. there are concerns about taxpayer money being directed to another country. actually live in new york city with new information on he was getting rich. >> good evening, won a president trump's picks to lead a new department of government efficiency seems to have his slight set on a migrant crisis spending. highlighting a claim on twitter over the weekend that new york city paid pakistan $220 million to house migrants

at the historic roosevelt hotel in midtown manhattan, writing on twitter, taxpayer-funded hotel for a legal migrants is owned by the pakistani and government which means nyc taxpayers pay a foreign government to house illegals in our own country. this is a nuts. elon musk who was also expected to hit up calling it crazy. elon musk will not technically have purview over the spending of state and local government but they could likely stop spending money their way, if they think taxpayer dollars are being misused. the post showed they are paying attention to how money is being spent on illegal immigrants, and according to the federation for american immigration reform, as of 2023 illegal immigration cost taxpayers at least 182 billion dollars annually in state and federal tax dollars and we did

reach out to new york city's mayor office for comment tonight but they did not immediately respond. we are waiting on that. >> trace: ashley thank you let's bring in pepperdine university school of public policy dean peterson. thank you both for coming on. former investigator for investment banker and author said this is what he was talking about, quoting, new york city pays $220 million to rent housing a legal migrants owned by the government of pakistan and the deal was part of a 1.1 billion-dollar bailout package to help pakistan avoid defaulting on their national debt, 220 million to pakistan for a legal migrants. a lot of people are like what is going on. >> of course that is just in new york and one building. we are beginning to hear these big-city mayors that have been out there talking about their

big sanctuary cities realizing the checks are coming do what is going to cost to house and support these migrants, we've seen in the city of denver the same thing where at least 10% of their city budget is going to support those in the country illegally and if that is a way we can map other cities and other states, we are going to begin to see voters get very unhappy about how their tax dollars are being spent. >> trace: meantime crime -- crime a wise the following new numbers, i want to put these on the screen because it's fascinating. over 58,000 migrants who are convicted felons roaming new york city, and close to 670,000 across the country. of the 759,000 illegal border crosses living in the big apple, the feds are aware of november 17, 58,000 or 7.7% are either previously convicted of crimes or had criminal charges pending, it's stunning

to me and i'm not even in law enforcement these numbers have to be mind-boggling. >> they are mind-boggling, 58,000 felons? how many of them are staying at the roosevelt? on our tax dollars? i think this is preposterous, this is what biden and harris did. i am excited that president trump is coming back in because we are finally going to be able to get this under control, they realize the spending is out of control, criminals are lining up, 58,000 felons, that is crazy! i think most americans feel the same way. >> trace: peterson you tempt your head towards this, this was written about the number migrants as democratic denver mayor said, he's willing to go to jail over his opposition to the trump mass deportation plan and said he claims the mayor blue city spending a whopping 356 million of taxpayer money on migrants and the question is, if

you are throwing a percent of the budget and you are willing to go to jail, why are we -- are you so invested in the ideology that you are taking away some sports programs, recreation centres, things from your people that they need? >> much more so than the federal government. in that exactly as you said, if you are spending a percent of the budget you are not spending it on other things and the mayor of denver really should worry about going to jail, he should worry about winning his next election because i really do think what we saw in this past election cycle is a cities and states voting while taking the immigration problem seriously and accordingly. >> trace: we talked about this two year old girl that brought in a couple weeks ago and they found a 5-year-old girl today who was smuggled in by a car tell her mother paid $8000 to have the girl smuggled in and

lieutenant chris oliveira's of texas said, this happens every day, several times every day, here is what he said. he said what does it tell us? what does it tell you sheriff? >> well, i already knew government was dysfunctional especially this administration so it tells me, exactly what i already knew. they are doing a terrible job. they have fell -- spending all this money on taxpayer dollars on the illegals and they have failed to take care of the children. we were flying our helicopter seven months ago and i saw a large group of people coming across, we landed our

helicopter, it was 53 people at a three of them were women, the other 50 were children. this is not an uncommon occurrence, it is happening far too often, it is not the american way and it shouldn't be happening in our country. >> trace: thank you so much. whoopi goldberg scolded her cohost. arguing that biden changed his mind regarding his son, do you think biden lied? is there any situation in which he did not lie about pardoning hunter? let us know on twitter and instagram. the nightcap crew including you, next!

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>> trace: back with the nightcap crew. tonight topic, lie detector. do you believe there is any situation in which this was not a lie? >> no, it was a lie. as a father one of my son spent six months in my jail, i wish i could pardon him but i would have not. he should be held accountable. he lied.

>> an acquittal like, across the board, a white lie, it's a lie. the most devastating thing about it is he lied without blinking an eye and looking into the eyes of millions of people who probably voted for him because of that. >> yes he's a liar, everybody knows that and no matter what, this might have been the time, maybe to save his son, face the consequences, may be changes, it didn't happen. >> she like biden, he's a liar, this was a lie, every time he said it which is multiple times, i turned to my husband and i said, he is going to pardon his son. >> trace: it was a lie and nobody even blinked and i, what do you think? >> as soon as he said he was not going to i'm pretty sure everybody thought he was going to pardon him at some point, whether he won the election, lost the election, ran for president, it was a matter of time.

>> i can't help but think about all the time his press secretary looked stoned face. >> trace: stephanie said it was always a lie, which parent wouldn't pardon their kid? i would but at least i would be honest about it. apple said biden was always going to pardon hunter because he is actually pardoning himself as well, they have lost it. he was always going to pardon him, i haven't heard her tell the truth about anything! thank you for watching america's late news, i am a trace and los angeles we will see you back tomorrow. ♪ ♪ ♪ ♪

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