[cheering and applause] >> trace: 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 and night. the evidence is piling up but the killer remains on the run. police now following a number of new leads in the new york city killing of united health care ceo brian thompson including brand-new photos and surveillance video showing the suspected killers smiling face. our investigative panel is just seconds away. >> we are going to earn those votes, fighting all the way through the tape, grateful to have the support. >> trace: donald trump's pick for defence secretary appears to be in this fight for the long haul even as the media continues to amplify on proven allegations of alcohol abuse and sexual assault. hegseth is not trying to sway the media. >> this will not be a process tried in the media. i don't answer to anyone in this group. not to that care model.

>> trace: forget the world champion dodgers, here come the ... elon musk, vivek ramaswamy making their capitol hill debut. they get get a very warm reception from republicans unlike the acting secret service director ronald rowe whose testimony got very loud. [simultaneous talking] [simultaneous talking] >> trace: the congressman will be here in moments. first to christina coleman what -- live with the latest in the search for the man... good evening. >> fox digital obtained new video that appears to show the alleged killer in this case near a deli walking down the street toward the hilton hotel where the united health care ceo was murdered. he was shot outside of the hotel

in cold blood. nypd sources tell fox news of the suspect rode a greyhound bus to new york city last month from atlanta the day before thanksgiving. police also released photos of the alleged gunman at a hostel on the upper west side. they believe he stayed there before killing thompson and checked in with a fake i.d. also three words were written on bullet shell casings found at the crime scene. they read it denied, defend and depose. words used to describe ways insurers try to avoid paying claims. it similar to the title of this book which heavily criticizes tactics insurance companies might use. police also recovered a cell phone from the alley they say he ran through after the shooting. >> there's too many mistakes. people know who this person is and win you consider the fact that there's a reward out for him, this guy is going to be in handcuffs in no time.

>> police recovered a lot of evidence already. thompson's wife told nbc news that he said some people have been threatening him that she did know the details. the manhunt for his killer is still underway. >> trace: let's bring in law enforcement expert aaron cohen along with... thank you both for coming on. you heard christina. they know they took a bus. used a fake i.d. to check into a hostel, used cash. he's seen with no mask and smiling on camera, grabbing a water bottle from starbucks. and dropped his burner cell phone. what you make of this? >> this wasn't a professional hit in my opinion. too many mistakes here. i want to talk about the actual shooting from the footage that the nypd put out. while he showed some tactical prowess i don't think he was a professional by any means. the gun was jamming multiple times. there was a suppressor on there.

he was probably using either subsonic rounds which makes it even quieter or shooting at 22 which is basically the same thing. he kept having to rechamber the weapon. that shows me that he really didn't know what he was doing. although he was calm, i feel like based on the photo that the nypd released, he's almost proud. it's a bit of a narcissistic profile. i think this was a vendetta hit and murder. i don't get was paid i think it was calculated with a twist of symbolism. >> trace: a lot of people are saying this looked very personal. what is the motive, everybody's asking that. the words on the shell casings of the bullets said denied, depose, defend. there was a book that came out. it's about the insurance company and criticizing the company. is there a correlation do you think this really was personal? >> this is a vendetta. this was personal. you talk about someone that

really had a specific reason to execute this man and denied, defend depose, we are talking about terms in the health care industry that offer an denial of claims. every prosecutor looks for motive, means an opportunity. i think we've got the motive. >> trace: they said the following today watch this. >> he left his cell phone, he left candy wrappers, he left a water bottle, he wrote on the shell casings. this is into your normal killer. this is someone, this is very personal to them and they wanted people to know. >> trace: sounds like he didn't care if he got caught. sounds like he wanted to send a message and he wanted everybody to know the message he was sending. >> i think it's important to really put together the mosaic of the profile on a real federal level or an fbi level as i mentioned. the reason why is because the more you understand the bravado of this guy and that narcissism

and that being open about it and showing the face, i understand he put people... he wanted to get her phone number. i believe that the symbolism here in that profile is him proud and that pride makes him sloppy, it shows that he's not a professional. probably wasn't paid. however, still a very dangerous and i think nypd is closing in on them quick. >> trace: now to the daniel penny trial. retired judge in new york talking about the evidence, the jury wanted to review. he said the following. >> the way i would put it is it shows that at least some jurors haven't totally made up their mind yet. on that particular issue of cause of death which is absolutely crucial for the prosecution's case. >> trace: they're not convinced. >> we have some hold out jurors and we are two and a half full

days into it. there's no verdict friday we have a real possibility of a mistrial. let's talk about what the jurors asked for. they asked for the cross-examination of the states experts. they talked about cause of death, it was asphyxiation. wasn't the sickle cell disease, wasn't some other cause. so i think the majority, they are trying to convince those jurors without evidence. tomorrow is the big day. if we don't see it tomorrow we are looking at. >> trace: thank you both. the president-elect's nominee for defence secretary is back on capitol hill vowing to fight all the way through the confirmation process. the senior white house correspondent is live in west palm beach. good evening. >> pete hag seth says the president-elect is still behind him but we are not aware of any calls that trump has made two senators to push his nomination

forward and there was little progress following his meetings on the hill today. yesterday hegseth frame the allegations he faces as a manufactured smear but today he also leaned into the message that he is a changed man. >> we don't take anything for granted, we are going to earn those votes. i'm a different manner was years ago. i had an opportunity to come out of it and do great things. >> a senator was noncommittal today. these comments roiled the basin. >> it doesn't sound on your answer that you've gone to a "yes" and if that is the case, it sounds to me is at the hearing will be critical. >> i think you are right. i think for a number of our senators that want to make sure that any allegations have been cleared and that's why we have to have a very thorough vetting

process. >> fox has told senators were left feeling the pressure to support him but few are eager to voice full support. it's unclear to some if trump is willing to wait for all of that. tonight he was all in on his agenda. >> the first thing we have to do is get the criminals out of our country. we're going to bring prices down. we are going to look at elections, we want to have paper ballots, one day voting. voter i.d. and proof of citizenship. >> tomorrow trump will be taping meet the press. first bake in a view since the election. the drama around hegseth somewhat overshadowed other meetings on the hill. meeting with the house g.o.p. for a listening session on ways to cut their goal of $2 trillion in wasteful government spending. >> trace: thank you. let's bring in former trump white house official cameron

kinsey along with steve hilton. think you both for coming on. pete hag seth -- hegseth cities going to keep on fighting and also said this. >> i'm a different man than i was years ago and that's a redemption story that i think a lot of americans appreciate and i know from fellow vets that i've spent time with, they resonate with that as well. you go do tough things and sometimes that changes you a little bit. >> trace: if you know him he's going to keep fighting. >> we do know pete. he's a friend of mine and he's showing the true patriotism and the strength that you need in this kind of job. you can make all these comments about he's never run anything of this size, i said from day one win this was announced that what you really need is a leader and you can have other people supporting pete to do the various aspects of running such a sprawling department, what that place needs is someone who really understands what the military is all about and where

it needs to go and get rid of the woke nonsense and all the other mess and corruption that's been sprawling all over that place for years and he's the man to do it. >> trace: the military loves him. speaker mike johnson said this about government workers going back into the office. watch this. >> there was a report that came out today of someone did a little survey of how many federal employees are actually working in the office. by one estimate it maybe about 1% if you don't count the security personnel that are covering these buildings. that is absurd and it's not something the american people will stand for. >> trace: nobody would stand for it. nobody would allow that kind of attendance in an office. >> he's right. it's a slap in the face to everyday hardworking americans who don't have the luxury of having a taxpayer-funded salary and being able to stay at home. it's absolutely absurd, we need to increase our worker productivity. when i worked in the white house

under president donald trump i worked there during covid and i will tell you our productivity did not decrease. we rise to the occasion because we knew that everyday americans, hardworking americans deserve nothing less. >> trace: gavin newsom says that deportations are bad for business in cali. here he is. >> the impacts of mass deportation on the cost of food in this state and this nation are off the charts. this is serious business. >> trace: he knows they are going after the worst of the worst but it makes good drama. >> what a joke. first of all the point you made, tom homan and everyone has been really clear. it's one to be the criminals and the threats to our communities and safety. you've got democrats like him and the l.a. city council announcing they are going to be a sanctuary for violent criminals. the real insult is he's going on about defending our agriculture

industry when he and his far left cronies in the state legislature are crushing california's agriculture industry, denying our farmers the water they need to, raising that cost with insane regulations and everything else pushing that climate x-rays and -- extremism. how dare he say he is now the protector of our great agriculture industry, he's killing it. that's why we need change. >> trace: everybody knows if you look at the polls and you look at the exit polls, the country wants the worst of the worst taken out. they want people taken out of this country and trump said he was going to do it and they want to hold his feet to the fire on this. >> i think is really gearing up. we've seen the senate confirmations and the people that he's appointing and they are going to get the job done. it's absolutely amazing, everything will they americans want safety. we are prioritizing safety at home. right now look at what's happened. it's putting people in danger. we need to hold these people

accountable and we need to get these people out of our country. >> trace: thank you both. the congressional hearing on the attempted assassination of donald trump went sideways today. the acting secret service director engaging in a shouting match with a republican congressman over an entirely different subject. the senior national correspondent kevin corke is live in d.c. with the video and the details on this. good evening. >> as frustrations go, not learning more about the bewildering and inexplicable lapses that led to the shocking assassination attempt on president trump, today left washington with a collective incredulous gasp. that part of the hearing has been overshadowed tonight by outbursts so unbecoming as to make even the most amused on capitol hill sheepishly embarrassed to have witnessed it [simultaneous talking]

[simultaneous talking] >> trace: this all unfolded between the acting secret service director ronald rhoa and texas congressman pat fallon. after he accused the lawmaker of politicizing 9/11 memorial that he attended. more on that momentarily. >> trace: kevin corke live for us in d.c. thank you. let's bring in that member of the house assassination attempt task force. great to have you on the show. i want to play a little bit more. i know you probably heard this a lot today. a little bit more of this back and forth between you and ronald rhoa and we get your take on why it went down. watch.

[simultaneous talking] [simultaneous talking] >> you put up a picture on 9/11 where he was in the audience next to the president but in the wrong spot. you thought that was what? >> first of all we had about 6 minutes of questioning prior to that. he was the one that started shouting and acting like a schoolyard bully. the whistle-blowers in the secret service brought this to my attention and they sent me that picture. they said that was a breach of protocol because a special agent in charge of the president's detail is always close to the president. he interjected and stood there and moved him down the line to put about a position. that meant the secret service agent in charge of vice president harris' detail was out of position.

he did not attend the detailed security briefing. the operational briefing. he had no operational reason to be there. i'm fine with him attending a 9/11 memorial but he does need to interject himself into the protective detail of the president of the united states. he endanger their lives. he wasn't wearing a vest and he didn't want to answer these questions. he acted like a schoolyard bully and started screaming. >> trace: what was the most important point you wanted him to address concerning what happened in butler, pennsylvania? >> i wanted him -- when we had a meeting a couple of months ago, he used this opportunity as an appropriations request and he wanted 2 billion additional dollars added to their budget. how much would it have cost to have a proper walk-through at the complex? how much would it have cost to fly drones, to put agents on the roof of the building or put

people on the water tower. he didn't do any of those things and how much would it have cost to have a k-9 unit so that shooter wasn't there for 12 hours, ready to kill the president. >> trace: sounds like he doesn't think he's going to get the job permanently. we appreciate your time, thank you. >> thank you god bless. >> trace: kit -- take a guess which host compares opposition to trans-medical procedures to nazi germany. later, thousands of government employees got themselves a work from home agreement this week in anticipation of trump's efforts to reshape the federal workforce. allowing them to work remotely on till 2029, five more years. you think it's time everyone returns to the office? let us know. we will read your responses in the nightcap.

>> trace: the common sense department that -- says when it comes to the debate over children changing genders the left appears to have lost the plot including prominent members of the left like supreme court justices. during oral arguments, i just as compared transgender treatments to taking aspirin. really? as many people on social media correctly point out this is not simply take it to puberty blockers and call me in the morning. this is about offering children drugs and surgery to alter their minds and bodies. for the record, schools are not allowed to give kids aspirin without parental consent. injustice says that children's sex change bands are sort of the same thing as banning

interracial marriage. common sense would say they are sort of not. these kids are not looking to accept a spouse, they are looking to abandon their gender. then there's joy reed who says that opposition to trans-medical procedures for kids has echoes of nazi germany. they also place the blame solely on republicans, does she not recognize that millions of democrats are also against transgender treatments for kids? common sense things when are only argument includes some sort ofism you have not only lost the plot you have lost the debate. let's bring in john phillips, he's also at ka bc along with the host of... thank you both for coming on. i want to play a little bit of joy reed. hears kind of what she said about this whole kids changed --

transgender debate. >> targeting trans-people is a new. it's an age-old tradition which nazi germany did with brutally violent ends in the 1930s. >> i'm so surprised to hear a nazi germany analogy on msnbc. >> opposing the chemical castration and mutilation of minors which is what this is before they can even buy a scratch-off ticket is not a take. this is how you know that the legacy media is incredibly out of sync with regular americans. it's no wonder that the hallmark channel outperformed msnbc in ratings last month. banning the trans-and of children is common sense, it's backed up by the studies and even from a legal standpoint this entire case is ludicrous. the justice implied that the aclu lawyers are asking for the supreme court to make testosterone for girls who claim to be boys a constitutional right but not for boys to identify as boys which is disk nation.

i think this case reveals who is reasonable and who is clinically insane and joy reed is insane. >> trace: joe scarborough slamming elon musk and vivek ramaswamy and doge. >> this is a scam unless they are going to slash socialist -- social security and medicare and veterans affairs. they are never going to get to $2 trillion so they need to just stop pretending. >> trace: you are like who in the world is against cutting government money, they waste so much money, who's going to say we can't do it it's a scam. >> as an angels season ticket holder unfamiliar with this mentality. it's called defeatism. you are not bringing him in for his bedside manner, he's a guy who runs organizations lean and mean. if you talk to someone from the 1960s when nasa landed the first mental moon and you say when we finally land on mars it's going to be a private

company from an entrepreneur and not nasa, people would look at you like you were on drugs, but to run spacex as he did, he's putting himself in a position where that's the likely scenario. if there's anyone on planet earth who can cut the government and do so effectively and do so with innovation it's elon musk. >> trace: you see the rocket land on that thing you are like a back i can do it. charlamagne tha god warning revenue some of california. >> make it about the policies, when you say things like trump roof you will end up looking like a hypocrite when you need to president for something and you are all in his face smiling the same way president biden was after they called him a threat to democracy and all these other things and then he was like welcome back when it came time for the white house. cut it out. >> trace: the bottom line is getting the hypocrisy to go away is a tough tall order. >> what's interesting about it

is he's a democrat. he supported kamala harris. you see him being the voice of reason saying let's have some common ground, let's try to work together. he was on the view telling them you guys coverage has been deranged and they are not taking his advice and that's a real misfortune for the democrats. >> trace: what they are saying now is some of these big democratic donors because biden hearted -- pardoned hunter biden ... >> it maybe they want one as well. >> trace: that's right. who knows. great to have you on the show. thank you. >> do think federal workers should be required to de groot -- to return to the office? >> probably not. >> it's a good question. >> i think they should be given a choice. >> why is that. >> think of things like chores, groceries, laundry. >> a hybrid structure would be better. >> what you think about the 88% vacant federal office buildings in d.c.? do you think taxpayers should

continue to pay for those? >> yes. >> me personally i would like to. >> the question is jarring so it sounds like we shouldn't. >> for those in my office they come in once a quarter and we love to see them. >> wants a quarter is enough for you. >> yes. >> do you think taxpayers should fund these bacon federal office buildings? >> no. >> what should happen to them? >> the right man should get an office like he is january 20th >> trace: the team out and about nbc's night getting reaction to the president-elect's push to have federal workers back in the actual offices. d.c. clearly says no thanks so why is the swamp so insistent on working from home? what on earth are they getting away with? who best to answer our questions now that other than to -- two former federal employees. what you think about people going back to work? it's been a long time.

>> so this has been going on for quite a while actually. joe biden started sending people back to the office quite a while ago. this is all under his administration and people got used to staying at home and of course when you can have your meeting in your pyjamas and you don't have to fight traffic you are going to fight to stay at home. we have these empty office buildings not just in d.c. but around the country. we spent millions standing up buildings and offices and now they are empty. taxpayers want to get their money's worth and they are not because these federal employees do not want to go back to work and they will have a fight on their hands. but it can be done. >> trace: the whole thing is you work for the federal government, people who are sitting at home are clearly gaming the system, what are your thoughts on this? >> i couldn't work from home. there was so many personal chores and projects that were always calling to me.

i'm guessing that's probably more common than a lot of people are willing to admit and i feel like being a public servant isn't always personally convenient. so if it makes sense to have the job done in a public office to take care of the public service, that's where we need to be. >> trace: "the new york post" writes the following. 6% of federal workforce report in person on a full-time basis while almost one-third of federal workers are remote on a full-time basis in a sharp turnaround from the pre-pandemic era in which only 3% tele worked daily. it's all about convenience and getting these people and back a lot of them are going to quit. >> it could mean that for sure. it's also costing taxpayers a ton of money. we're looking at 12% on average occupancy rates in these federal buildings. it's costing a billion dollars a year to be able to rent these,

let alone the 8 billion to help upkeep with them. we are sitting with them mainly empty. if we need to get the federal workforce back in the office we should do this. this is a reflection of donald trump upending the bureaucratic system and saying playtime is over. there's a new boss at the helm and it means the american taxpayer are going to get more for their money rather than less from the people that are entrenched in d.c. >> trace: a lot of these workers are running scared now. strained to reach out and act out. bloomberg writes the following. the american federation of government employees, the union representing 42,000 social security workers reach an agreement with the agency last week to protect their telework until 2029. what you think about some of your former federal colleagues sitting home for another five years? >> there are ways around this. we can do what's called a rare.

doge is going to find ways to get these people either off your and into the office or gone like some of my former employees -- former colleagues. they went to the private sector. it's your choice and schedule f should be a four-letter word. send you on your way. >> trace: what you think about the same thing. the five-year contract, doesn't seem like it's going to go over very well with the doge committee. >> i hope it doesn't. i think that's ridiculous. the last time i went to a social security office i had to wait two and a half hours. that's not the public service that the taxpayers are paying for. i think we as taxpayers need to demand our money's worth. >> trace: give us our money's worth. that's right. i want to put this up for you. the great doge reversal.

the message scent by lower income voters who transfer their support to mr. trump as they no longer believe in a way of life defined and led by the public dole, there's a lot of people saying the freebies are over. >> it's going to be a new era in d.c. because we are seeing new leadership. donald trump is bringing an incredibly diverse cabinet and standing up the doge committee with a caucus that is bipartisan in congress to upend and remove inefficiencies, and get this government working for the american people. the idea that we are the greatest and freest nation but you have to wait multiple hours to be able to get seen at the social security office is obscene and it's beneath this country. this is a good change that's coming. >> trace: you all were great, thank you. the pandemic is long over so why

are u.s. students falling behind? we mean way behind in math and science. fox news at night will break down those sobering new test scores. our education panel has got information that will blow your mind next.

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screen, weight until you see them. this is the test scores. trends in international mathematics and science study. fourth grade down 18 points, eighth grade down 27 points. in science fourth grade down seven, eighth grade down nine points. english grades equally as bad in the similar test. what in the world is going on? >> one word, covid. they decided to close schools in america, especially in the blue counties and blue states for over a year and a half and now we are reaping what they sowed. all of us who were screaming about these closures and the dangers of these closures from the start of covid, i count myself as one of those, we wrote an entire book and we touched on this a lot. but basically all of these kids that fell behind a year and a half who never learned anything, they can't catch up. all of their peers are moving ahead and there's entire swaths of kids who never caught up and

who now don't understand fifth-grade math because they never learn first grade math. >> trace: "the new york times" says math scores dropped globally but the u.s. still trails other countries. in the first comparable global results since the coronavirus pandemic that bethany was talking about, 15-year-olds scored below students in similar industrialized democracies like the u.k., australia, germany and well behind students in the highest performing countries such as singapore, south korea and estonia. not dead last but going that direction. >> this is a much-needed wake-up call for educational reform in america. we need to stop lowering the standards and graduating students because they can't pass a test. we need to reform teacher preparation, look at the curriculums, look at countries like singapore and south korea and escorted we doing -- what are they doing and how we can learn for them. the new incoming a administration is looking at where is the money going and are we checking results to see if

it's actually paying off. we need strong math skills, we need science skills. the global economy is more and more technology-based. we are going to fall behind as a global economy if we don't get these kids caught up. >> trace: the national test scores among 9-year-olds reading down five points. that's the largest drop since 1990. math down seven points. it's the first drop since the scores were reported. you want to talk about panic mode, that's it. >> i see this as a national security issue. education plays a crucial role in determining which countries are global powers. people talk about the u.s. like aromas falling and no one understands how to prioritize this -- do you know who understands... their kids are taught civics and school. they are taught about stem and its no wonder that their kids outperformed u.s. children by 100 points when it comes to math

>> trace: nicole mealey was riding this article talking about lots of kids failing, they need a boost. the whole system needs an overhaul. is it time for school choice nationally? is a time to get rid of the department of education? >> it is. this is a real danger inflection point and rome is falling. i would like our children to know what rome is and in order for them to understand that. if you want to get a little conspiratorial maybe they are not teaching them these things like rome falling because they wanted to go quietly into the night. >> trace: it's true. the university of michigan ends diversity statements and hiring a mid dei cuts. they will no longer ask for diversity statements from faculty when considering hiring, promotion or tenure ship. >> one of the regions of the university of michigan said this

apology -- policy change removes a barrier to diversity of thought. i've come up with a book that i'm riding call detail which is diversity of thought in life he -- life experience. dei... a lot of these schools in the blue states are going to need a diversity statement. this gives them an out where diversity should not be used to divide us, it should be used to learn from each other's lens through which everyone sees the world and bring us together and ultimately lead to a more -- united states. >> it seems like it's going by the wayside in a lot of areas because it's become detrimental. people said... >> what we've been trying is not working. so why not try something new. same thing when you talk about school choice like you were talking about earlier. when people look at what's happening, school choice is becoming imperative. when you talk about helping the

underserved, it's actually a way to help the kids who are stuck in a zip code where the... and it's doubling down on how they are impacted by where they live. that needs to change. >> trace: thank you all. thousands of federal employees landed a work from home agreement this week allowing them to work from home until 2029. what you think? is a time everyone gets back to the office? let us know. we're coming coming right back with the nightcap crew including you. ments better. especially when they're eggland's best. taste so fresh and amazing. deliciously superior nutrition, too. for us, it's eggs any style. as long as they're the best. eggland's best. giving tuesday. giving tuesday. giving tuesday. giving tuesday is a global effort

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>> trace: back with the nightcap crew. tonight's topic, out of office. in anticipation of trump's efforts to reshape the federal workforce, thousands of employees are now allowed to root -- to work remotely until 2029. do you think it's that everybody, not just government, everybody returns to the office? steve hilton who is remote tonight. >> i don't want the government workers going back to the

office. i don't want them working from home either. i don't want them working at all. closed down the offices, sell the building. for everyone else i think it's good to be there, team spirit matters, being there matters. >> trace: i'm just saying when we first started this industry, your whole social circle, your whole team and life had to do with your coworkers. you had lived and worked together basically. >> i agree with you in that respect however i will throw you a curveball. i think he gives you a competitive advantage to allow some employees to work from home. you keep some good folks. i'm not against it. >> trace: aaron cohen. your thing you can't really be a law enforcement also put officer and work from home. >> you have to be out there making moves on the street. i'll keep it brief, if taxpayers have to leave their homes to pay their bills than the federal workers can leave theirs to do their job.

>> i think when people are in a room together, magic happens so people should be back but like kevin said it does give a competitive advantage. i will say i heard that the u.s. government is one of the biggest owners of commercial real estate and office buildings. if they want to do their work and cut some fat they can do it there. >> a really depends on the job description and the personality type of the employee. i made most people come back but certain things like marketing and a certain personality types i think it works from home. >> trace: most americans show up for work each day and federal employees don't need special treatment. i bet half of them do nothing productive, bring them back and do evaluations and go from there. suzanne says its time for them to be held accountable for the work though -- they claim they are doing. thank you for watching. i'm trace gallagher in los angeles. the reagan library tomorrow night, we will see you there.

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we have reached out to costco and have not reached back. here is "the five." >> ♪