[cheering and applause] >> greg: michael loftus, eric dezenhall, kat timpf, tyrus, studio audience, "fox news at night" is next. i'm greg gutfeld, i love you america. there you go. [cheering and applause] >> trace: good evening, 11:00 p.m. on the east coast, 8:00 in los angeles and this is america's late news, "fox news at night".

this will be my final address to you from the oval office, from this desk as president. >> trace: breaking tonight, president joe biden bidding farewell, in doing so with a 33% approval rating. among the lowest in presidential history. many suggest he maybe rewriting history. >> an oligarchy is taking shape in america that literally threatens our entire democracy. we need to get it out of our politics. the most significant climate and clean energy law ever in the history of the world, it's working, bringing violent crime to a 50 year low, affordable high-speed internet for every american. >> trace: dark money, perhaps the president has forgotten he just awarded george soros the presidential medal of freedom. about the 42 billion-dollar high-speed internet program, reports show it has yet to connect a single person. we will have more on biden's final words in moments.

plus... if those hostages are not back, i don't want to hurt your negotiation. if they are not back by the time i get into office, all hell will break out. >> trace: israel and hamas finally reaching a cease-fire and hostage deal days before president-elect trump set to take office. turns out you need to say more than don't to get things done but president biden begs to differ. >> who is to take credit for this, you are president trump? >> is that a joke? thank you. >> trace: the question is, if they did not have anything to do with trump, what took so long? ashley strohmier is live in new york with more on the long-awaited cease-fire and hostage deal. >> reporter: under phase one of the deal, hamas will release dozens of hostages. tonight reuters reports that will likely include two americans. in exchange israel is expected to free hundreds of palestinian prisoners.

as part of a six-week cease-fire in gaza that can be extended as long as the two sides continue talks on a long-term truce. white house national security communications advisor john kirby credits the framework unveiled by president biden last may and recent events in the region including a cease-fire in lebanon and the assad regime's fall in syria that the president emphasizing that it was his team who helped seal the deal in his farewell speech. listen. >> my administration, by my administration as he's file and hostage deal has been reached by israel and hamas. >> reporter: president-elect trump says the agreement could only of happened as a result of his victory in november and his vow that "all hell will break out" if the hostages were not released by the time he took office. incoming white house press secretary karoline leavitt echo the sentiments sharing on social media, let's be clear this deal would not have been struck without the forceful hand of president trump and his special envoy.

once again, peace through strength prevails. meantime john kirby tells fox news it was important to work together with the incoming trump administration because they will have to help implement that agreement. back to you. >> trace: ashley strohmier live in new york, thank you. ♪ ♪ the "fox news @ night" common sense department has a reminder that president biden's middle east policy mostly involves the president repeatedly using the word "don't." to warn bad people not to do bad things. when the bad people, hamas, hezbollah, a ron, it those bad things anyway, biden took no action. so when the biden administration put forth a cease-fire plan back in may, it's not surprising that hamas took no action. but then president-elect donald trump issued his own warning saying go cease-fire and hostage deal would get done before he takes office or "there will be hell to pay."

today the deal got done. biden's state department spokesperson said trump's team "has been absolutely critical in getting this deal over the line." president biden disagreed, saying it was his plan that got it done. went biden's press secretary karine jean-pierre was asked about her colleague at the state department giving trump credit, she said she did not know the person. then she was reminded it was matt miller and she said he speaks for himself. it's interesting because fox news polling shows 78% of the voters want democrats to work with trump. but common sense wonders if joe biden during his final days in office would tell his team "don't" or tell them "there will be hell to pay." let's bring in board-certified plastic surgeon doctor sheila nazarian, the lawfare project executive director brooke goldstein along with former idf paratrooper daniel flesch. thank you for coming on.

doctor, to you first, israelis themselves in their very much split on this. the numbers are 43-43 on this deal. what do you make of that? >> they pulled 80,000 israelis and 43% are pro-this deal, 40% are not in the rest are undecided. but i have to trust that president trump is a master negotiator, knows what he's doing. there must be some things in place that maybe a we are not aware of. i think all in all getting the hostages home is a great idea but again releasing all of these terrorists, there is a fear that it's going to lead to more death and more terrorist attacks in the future. >> trace: i wonder daniel flesch if you feel that way, because a lot of the people in israel, somewhat we have talked to believe that this might allow hamas to regroup, to maybe reattack. do you have that same feeling? >> i don't. i think people who are naysaying this deal believe a couple of assumptions. one is that israel will not

return to the battlefield against hamas to defeated. in the last 24-36 hours we've got the future secretary of state, of defense and national security advisor of the incoming trump administration unequivocally say that israel should defeat hamas, hamas cannot survive this war. there will be support from the incoming trump administration for israel to finish the job on the battlefield. the israeli people are certainly behind it. once the hostages come home we will hear their stories and israeli people were you -- will be reand fagan fight against hamas. >> trace: brooke goldstein, the state department had this to say and i will get your comment on the backside. >> the government of israel and hamas inc. -- agreed to a cease-fire along the terms of the proposal the united states laid out publicly in may. hostages will begin to return home in the coming days. humanitarian assistance will surge into gaza. the fighting will stop. >> trace: the question is, when all that humanitarian assistance and money starts

surging into gaza, can they make sure, and somebody make sure that money is not used like it was the last time around, to build this massive war machine? >> of course not. i think it's important to note that there's definitely more than meets the eye to this deal. i don't think israel is capitulating, i don't think they are going to give up all of the military and strategic and territorial gains they have made at the high price of the loss of many idf soldiers. i think what's really happening here is trump has brought enormous pressure on iran, potentially even given israel the green light to bomb iran and the public face of this deal is what is now giving iran, you know, the ability to claim victory on the arab street. you can see them celebrate, in force hamas to release the hostages. but in reality there is no deal with terrorist groups. hamas is inevitably going to break the cease-fire. when they do israel will

continue to pursue it's goal of the annihilation of the terrorist group, the complete demilitarization of gaza. in the question is, what do you do with the ideology? even after you kill every hamas terrorist, you still have the radical islamist ideology that festers there. >> trace: it's a fair question. doctor to you now, montana congressman said the following, watch. >> this is no coincidence. remember what president trump said in early december, there would be hell to pay if these hostages aren't released by the time he's inaugurated. we are five days away from president trump's inauguration. this is another example of peace through strength. >> trace: common sense laid it out. or says trump's fingerprints all over it. for anyone to say, in fact the state department agreed, for anyone to say no, this thing had trump's fingerprints all over it. >> 100% the peace through strength comment is absolutely correct. thank god trump was elected. we will see so many good things happening all over the world. i want to go back to brooks

comment. the ideology has to shift. the whole area, the whole education process of gaza needs to change. if we don't change the ideology, this is just going to be a thing that keeps happening over and over again. >> trace: and it seems like hezbollah, iran, both appear to be significantly weaker. does that play a huge part in this? >> very much so. we talk about peace through strength and president biden wants to say this is his proposal from last may. look at what's happened in the interim. the last six months israel has taken the fight to hezbollah, to hamas, to iran and it's proxies. it's decapitated hezbollah's leadership, the assad regime has fallen. israel has responded twice to iranian attacks. it's going after the houthis and it's taken of the leadership of hamas in the gaza strip. it is that strength that's enabling this and of course president trump's victory in

november, hamas knows that the pressure will come next week on generate 20th and ultimately this allows a way for israel to focus on the greater threat which is iran. >> trace: i want to put this up because it all comes back to this. put it up on the screen. in the middle east conflict, who do you side more with? 54% israel, 32% palestinian. that number has gone up significantly. that shooting may be stopped for a while but the anti-semitism goes on. about 25 seconds for you. >> even though hamas will be annihilated, the sad truth is that what they have done is created the stage for a delegitimization law fair campaign against the jewish state where the more civilians who are killed and are killed because they are being used as human shields by hamas, that is then twisted and used by the icc, the icj with all the false war crimes charges against israeli officials. they are trying to set this president and body of law that

makes it much harder for democracies to fight on the asymmetric battlefield. we all know that israel goes above and beyond what is required by the laws of armed conflict so there has been that law fair but it will be reversed. >> trace: brooke goldstein, doctor sheila nazarian, daniel flesch, thank you for coming on. meantime attorney general nominee pam bondi says the weaponization of the justice department will end under president trump. as she began her confirmation process in the senate. senior national correspondent kevin corke is live in d.c. with what happened. >> reporter: another day another round of heated interrogation or president-elect trump's incoming cabinet members. in the case of the attorney general nominee pam bondi, lawmakers scrutinized her loyalty to the incoming president and wild of larmand -- former florida ag insisted she would operate independently, she also promised she would not shy away from phony legal controversy. >> are you prepared to advise the president not to pardon

people who beat police officers? >> senator, as i said, the pardons are at the direction of the president. we will look and advise. i will look at every case on a case by case basis and i abhor violence to police officers. >> reporter: meantime secretary of state nominate marco rubio and cia director choice squared off with lawmakers, declaring the spy agency must do a better job of staying ahead of global threats by russia and china and others, noted the agency "is not where we are supposed to be." as for the longtime florida senator's testimony, it was actually playfully interrupted by spanish-speaking protesters. later mr. rubio reiterated his support for president-elect trump's america first policies. he says his state department would be guided by a singular objective, to promote peace abroad and security and prosperity here at home.

>> trace: kevin corke live in d.c., thank you. let's bring in america first works executive director ashley hayek got along with former house oversight chairman and fox news contributor jason chaffetz. welcome to you both. ashley, to you first, i want to play some sound. pam bondi being asked if she would weaponize the doj. >> if i am attorney general i will not politicize that office, i will not target people simply because of their political affiliation. justice will be administered evenhandedly throughout this country. senator, we have to bring this country back together, we have to move forward or we are going to lose our country. >> trace: i watch this whole thing, she stood her ground and then some. what do you think? >> i think pam bondi is a class act. a weaponization of justice was a real issue under the biden administration and i think what we have learned over the past three and a half years is what the radical left is accusing you

of is typically what they are doing themselves. we know that pam bondi is a fighter for the american people. she's taken on tough cases like protecting and defending the air force members who are forced out due to the covid vaccine mandates. she's taken on human trafficking in the state of florida, she's phenomenal and she will fight for the american people and restore integrity to the justice department. >> trace: to you now jason, marco rubio on the dynamic shift in the middle east. >> here's the good news and it's not just about the cease-fire today although that's very important. the good news is that potentially we have had a dynamic shift in the region that has an historic opportunity if appropriately structured in pursuit of that changes the dynamics of what might be possible. >> trace: nobody wants to say that rubio is a slam-dunk but it appears rubio is a slam-dunk, jason. >> he's as close to a slam-dunk is there possibly is. not only is he senator, he's wicked smart, he was the chairman of the senate intelligence committee, he knows

what he's talking about. the guy gets out on the road and has been in those places and it shows. i think what he's articulating is between what the president is offering is clarity and so you have people like marco rubio that can convey that message and our enemies wealthier us us and our allies will respect us in a degree that has not happened over the last four years. >> trace: yeah. you kind of go back and talk about the last four years, opec eight years. fox news polling, trump's handling of the transition, but these on the screen, approve now if the 2%. approval back in 2017, 37%. trump has the wind at his back right now. >> he has a mandate from the american people with the popular vote getting the senate, the house. it's going to be america first agenda from day one forward. he's going to come in with a full administration, the cabinet nominations are moving quickly.

this is such an organized well-oiled machine and i'm very excited for our country. we have been terrorized from this administration for the past three and a half years and it's time to put america first again. >> trace: now the cnn poll, giving president biden the benefit of the doubt because the numbers have been lower than this periods approval at 37% as he leaves office. it's dismal however you look at it but there are polls out there at 33%. not exactly the way you want to go out. >> it's not only joe biden and kamala harris but it's the rest of the bozos that call themselves democrats. the questioning they did of pam bondi and the others was an embarrassment. adam schiff is asking if pam bondi would pay attention to somebody who beat a police officer we how about joe biden offering a pardon to 37 murderers, people who are on death row. did he say anything about that? all they did was look backwards and that's a reflection on the entire party and it starts at the top with joe biden, that

close. the best thing he said in that speech tonight was in conclusion. that was my favorite part. >> trace: jason chaffetz, ashley hayek, thank you. we are getting new information tonight and about how official actions left los angeles county woefully unprepared for the disastrous wildfires that killed 25 people and destroyed more than 10,000 homes. christina coleman is live with new information on this. good evening. >> reporter: good evening trace. as crews are getting ground on these fires, we aren't out of the woods just yet due to gusty and dry conditions. crews are working to fully contain the deadly fires that have destroyed thousands of structures including many homes and small businesses. crews are trying to prevent flareups. also flaring up is criticism over how the city prepared. the "los angeles times" reports "as the los angeles fire department faced extraordinary warnings of life-threatening winds, top commanders decided not to assign for emergency deployment roughly 1000 available firefighters and

dozens of water carrying engines in advance of the fire that destroyed much of the pacific palisades and continues to burn." interviews and internal records show l.a.'s fire chief addressed their efforts. >> we followed the system in place. the system in place looks at the overall weather and risk. with that we predeployed the resources in very calculated way through the city. >> reporter: also photos of la mayor karen bass in ghana at a cocktail party the same day that the deadly fires broke out is also getting mounting backlash, especially since she told "the new york times" that she would not travel internationally as mayor. since she was sworn in as l.a.'s mayor, she has actually been on five city funded international trips. >> trace: thank you. let's bring in california g.o.p. assembly leader james gallagher. thank you for coming on. "los angeles times", the headline is la fire officials could have put engines in the palisades before the fire broke

out. they did not. it goes on to say fire officials chose not to order the firefighters to remain on duty for a second shift last tuesday as the winds were building which would have doubled the personnel on hand and staff don't staff just five more than 40 engines. it goes on, you get the picture, i don't know how they keep their jobs. >> it's just another instance of the mismanagement that we've seen since this fire broke out. you heard about the cuts to the fire department. now these were not deployed in the way they could be. avenue some also made a similar mistake. he vetoed a bill just this year that would have kept seasonal firefighters on for a full 12 months. those were people that could have been deployed during the fires as well. >> trace: gavin newsom said the following, watch. >> it's not just about this fire. ms. and disinformation that can divide a country on a myriad of issues.

i get it, they want to take us -- i get the california derangement system, i've known that for years. >> trace: california derangement syndrome? he has this habit of pointing fingers. he's passing the blame and we can play u10 sound bites to back that up. >> it's not about just about this fire, it's about the campfire, the dixie fires, the north complex fire, north bay fires, now this fire. i represent paradise. we went through a terrible fire. i was reviewing the fire today with calfire and from paradise to the palisades it's a same problem, it's fuel. dangerous fuel loads on our lands, it's not managing our lands the way that we should. gavin newsom has known this for quite some time. i've been fighting for this in the legislature and it's something we need to get on top of. >> trace: meantime karen bass on her aerial tour of the fires. >> we did an aerial tour and i was able to see.

it's one thing to see it on television, it's another thing to see it from air. the massive, massive distraction is unimaginable until you actually see it. >> trace: even harder to see when you are at a cocktail party in ghana when the burning is going on. if you are in ghana at a cocktail party in the forest burns, it's one of those things where she really can't answer to a lot of these questions. >> so many monumental failures that we already see. there needs to be a full review of this, an after action review of what happened here and how we need to change it. i think what we are seeing is a failure of leadership, state and local. we need to come together right now. this is a time for us to unite as a country. republican and democrat. we can start with gavin newsom who says he watches the show, watches fox news. drop this whole lawsuit nonsense against the president and actually embrace this president,

work with him to bring about not only the recovery here in los angeles and california, but to make the changes that are necessary to keep our community safe. >> trace: james gallagher, thank you for coming on. coming up, new wildfires erupting california it is week is flames continue to rage across los angeles. and what governor gavin newsom and comedian bill mark told our fox affiliate anchor here in la about the fires. elex michaelson live onset next. and later in the nightcap... who should take credit for this? you or trump? >> is that a joke? thank you. >> trace: clearly president biden thinks it's a joke that trump would get credit for a cease-fire in the hostage deal. who do you think deserves the credit? with the deal be done if trump had not been reelected? let us know x and instagram, we are coming right back. ♪ ♪

nothing makes a gathering great like eggland's best eggs. they're just so delicious. with better nutrition, too. for us, it's eggs any style. as long as they're the best. eggland's best.

>> trace: finally a bit of good news in southern california in the wake of the deadly and devastating wildfires, there are no reports of firefighters are making gains against the two biggest wildfires burning in la. matt finn live at the altadena fire, the eaton fire actually in all to dena. >> reporter: today was probably the best day of weather since these disasters began last week. the red flag warnings have now expired for most of los angeles except for the windy mountain areas. i'm standing not far from where the eaton fire is believed to have begun in some new video we have appears to show the fire starting near the eaton canyon in or around an electric transformer. lawsuits have been filed against socal claiming they did not turn off electricity during the

historic wind event. an additional wrongful death suit filed today. they tell us they are reviewing these complaints. i talked to one man and altadena who says he saved his home with the hose and buckets of water from his pool. he has remained inside this eerily quiet fire zone to protect his neighborhood. >> mornings are rough, when you wake up and see all of this again and start over. we are kind of trapped up here until we leave. we can't come back. maybe we don't get in for two more months, maybe we don't get in for two years. >> reporter: the la county sheriff today says they have now arrested 44 people. l.a.p.d. says 14 total fire arrests. two more people arrested yesterday for starting more fires. governor newsom in the new la district attorney are also warning there will be swift punishments for price gouging. >> your name will get out there, your company's name will get out there, you will be publicly shamed.

>> reporter: that's the new los angeles district attorney saying that they are aware of reports of people increasing by 100-300%. >> trace: matt finn live in altadena, thank you. ♪ ♪ >> trace: let's bring in tonight's media panel, fox 11 la news anchor elex michaelson and jl partner pulls director scarlett maguire. thank you for coming on. here is some sound of you interviewing gavin newsom talking about the fires. he said this to you, watch. >> i'm not interested in finger-pointing. i want to know what happened. would it have mattered? let's be honest about it here. i've talked to all of my experts and the firefighters who have said we could have had an engine on every house and 90-mile-an-hour winds, all the pressure in the world. you have to be realistic about that as well. but it still doesn't make it right and i want to know what went wrong so it don't happen again. >> trace: he's gotten beaten

up pretty good over this fire. >> that was a letter he sent to the dwp asking them why wasn't there water for firefighters. >> trace: it's a good question. >> it is. but it's reminding people that hate maybe it's the dwp's fault, not my fault. also interesting he hasn't appeared in press briefings with la mayors karen bass who seems to be getting most of the attention locally for this. maybe strategic, not to be associated with her. but newsom is a huge target for republicans around the country. president trump, elon musk, all of them trying to pin the blame on this on gavin newsom. >> trace: it's interesting. scarlet, joe scarborough on morning joe was explaining how he had no idea, no idea that joe biden was in the shape that he was in. watch. >> was he's lower physically? yes. did he occasionally jumble a few words or a few names? yes. but he corrected those as well. so after two, two and a half, three hours with him in the white house going all over the

white house, i did not see that. >> foreign leaders and foreign governments told me very different things to what you have just said. >> trace: a lot of people said different things. are you buying what he's selling there? >> absolutely not and i don't know who possibly would be. people saw through what a lot of media was telling them about joe biden's health a long time ago. we heard it from voters all around, from democrats even, they did not believe that joe biden was in a good state of mind. i think to hear this now he just figures believe. >> trace: you spoke to bill maher, a lot of things he is, he gets a lot of attention. he was talking about the democratic party and he told you this... >> that the democrats are all for the oppressed and what the electric was saying was you know what suppressing me, the price of eggs. -- electorate -- that's what suppressing me. there are still racist in this country and that still an issue, but the democrats have to come

to jesus on that issue, on a number of issues. >> trace: does he think, and do you think, that the democrats are coming to jesus, having that moment, having these conversations were something has to change here? >> i haven't seen jesus yet, have you? we are still looking. i do here a change in a lot of democrats that you talk to hear in california in terms of what they are talking about. they realize that you have to start talking about issues like prices. the question is, when they start really getting pressure from special-interest groups, when they get pressure from some of these groups that have traditionally put the pressure on them, will they fold, will they stand up to them? we haven't seen that yet but it is a huge question because what bill maher is saying is true, he's representing the middle of the country who are fed up with a lot of what the democrats were talking about. >> trace: he's exactly right on that. meantime chief advisor to president biden said the following, gather prices are too high but everything else is just

really going well. watch. >> i think if you look at where we are now, we have a country that is not in the middle of a pandemic, whose economy is growing, and frankly there has been a peaceful transfer of power and that is an accomplishment that this president should be proud of. >> trace: even if you believe that, the president's approval rating is in the low 30s and 75% of the country believes it's on the wrong track. >> and trump is the most popular he has ever been. there's a huge amount of excitement ahead of the inauguration and what his administration will do. biden is incredibly unpopular. he might not be at his most unpopular but still almost historically doing badly in terms of how people think about him in the polls. when we asked what you think president biden has achieved over the past four years, people said nothing. even democrats had nothing. i don't think this is a record to be proud of. at least the american people don't think it is. >> trace: scarlett maguire,

elex michaelson, thank you. coming up, just days away from trump's inauguration, "fox news at night" will be live in washington, d.c. next week and as the confirmation hearings continue, the trump transition team is well ahead of where they were back in 2017. well ahead. biden time now coming down to the wire and we will go live to west palm beach next. ♪ ♪ —sounds like you need to vaporize that cold. dayquil vapocool? it's dayquil plus a rush of vicks vapors. ♪vapocooooool♪ woah. dayquil vapocool. the vaporizing daytime, coughing, aching, stuffy head, power through your day, medicine.

i've got to get marcus some new cleats i bet you can buy the whole team new cleats with all that money you saved. nancy dawson is passive progressive. you know, nancy, that's actually really inappr-- oh! nancy doesn't have progressive so she takes it out on those who do. you should get luca private coaching with that. maybe he'll score a goal. i figured you'd want the whole roll since you saved hundreds with progressive. how many tickets? two, please. don't be passive progressive. two for becky. drivers who switch could save hundreds.

♪ ♪ >> trace: plenty of changes coming to the nation's capital with a second trump administration set to begin in just five days. alexandria hoff is live in west palm beach with the latest. good evening. >> reporter: hello trace. we expect to see a mixture of tradition in the end curation process and moments of strength from that. j.d. vance reportedly was not invited to tour the vise presidents residents as has

happened in the past but at the same time president biden will be having the incoming president and first lady over for tea. also the ap reports that gavin newsom is among the governors that are going to raise up their flags in their state on monday. that is despite their tradition of flags staying at half-staff for 30 days following the death of a president, that being jimmy carter. with seven confirmation hearings already in the books, the trump transition team says they are way ahead of where they were the last time around. >> pete hegseth knock it out of the park yesterday, pam bondi, senator rubio, they were all fantastic and we expect that all of these nominees need to be swiftly confirmed. >> reporter: speaking to hiring overall, the president-elect stated tonight in part "as of today the incoming trump administration has hired over 1000 people to the united states government, they are outstanding in every way and you will see the fruits of their labor over the coming years. we will make america great again and it will happen very quickly."

we told you last night that elon musk, jeff bezos and mark zuckerberg are expected to attend the inauguration. reuters is now reporting that the ceos of apple and google will be there as well. >> trace: alexandria hoff live in west palm beach, thank you. pam bondi in her senate confirmation hearing, let's was into the sound bite first. >> sitting here today, whether you are aware of a factual predicate to investigate liz chaney. >> no one has asked me to investigate liz chaney. >> the president has -- >> you know what we should be worried about? >> you are aware -- >> robberies 87% higher then the national average. >> my question is this. do you have the power to say no to the president? >> trace: pam bondi and her senate confirmation hearing making us strong case to be the nation's next attorney general. let's bring in criminal offenses attorney and litigator vik bajaj along with the federalist seen

you'll -- senior legal correspondent margot cleveland. you heard pam bondi there talking to adam schiff. she's right, california's robbery rate is through the roof. he wants to talk about liz chaney, he wants to talk about stuff that gets back to january sixth but the whole concept here is that he's got problems of his own to fix. >> he absolutely does. california is a mess right now and pam bondi did a great job putting him in his place, as she did with the other senators who were pushing her on nonsense. >> trace: yeah. pam bondi on restoring confidence, watch this. >> i will fight every day to restore confidence and integrity to the department of justice and each of it's components. the partisanship, the weaponization will be gone. america will have one tier of justice for all. >> trace: you are a working lawyer, you know this, does the

doj need to kind of restore some trust in the people? >> beyond a shadow of a doubt. what pam bondi did today in that hearing, she basically reached her arms out and embraced everybody. she says, you know, agents are in trouble, prosecutors are in trouble, but only if you are bad. if you look through the scrolls of history for the past four years and skipping four years before that, you have real political prosecutions. lawyers like me who are in state court, federal court, and defend cases of wrongful accusations, first amendment violations let's say or threats or things like that. cannot disagree with the fact that there are political prosecutions and that is why in the rare cases of dismissals, in the rare cases of acquittals or jury nullification, these are the citizens saying too much is too much, we don't want to find the person and then find the crime, let's find the crime and find out who's responsible for

it. she had done an absolute a plus embracing society today. >> trace: good assessment. the report from special council jack smith released, jonathan turley had this to right, the critical explanation missing from jack smith trump's report, much of the report was vintage smith in dismissing -- insisting he could obtain and sustain a conviction in trial. he maybe right about obtaining a conviction before a washington, d.c., jury and a highly motivated judge against trump however he would not happen able to sustain any conviction and this report makes that abundantly clear. some say smith considers himself a legend. what do you say? >> he's a legend but not in a good way. the fact that this report was released is outrageous. the report doesn't just deal with trump, it deals with other individuals who are still under indictment in states like georgia, arizona, michigan. the doj still released this

report. knowing that. even though they withheld volume two, knowing that that was implicating other defendants. smith went out, tried to make a name for himself, trying to tarnish trump's reputation. it was outrageous. >> trace: what do you think, could he have gotten a conviction of trump anywhere? >> you never know. this is the lady doth protest too much methinks, to quote shakespeare's hamlet here. this is trial psychosis. the interesting thing about this entire 130 plus page soliloquy here is it was quite defensive. i did this because of these reasons and i consulted with a half dozen different governmental agencies. it was very defensive, it was very telling. most of it, 90% of it was absolutely irrelevant. the reality is, he should have done his homework, he should have known about the immunity

issues and he should have known he was going to lose. winning or losing was never the goal, it was disdain the reputation. >> trace: shakespeare and soliloquy. on your game tonight. thank you both. president biden saying it's a joke that trump would get credit for the cease-fire and hostage deal reached today. what do you think? who do you think deserves credit? let us know x and instagram @tracegallagher, we are back with the nightcap crew, including you, next. ♪ ♪ watch your step! that's why visionworks makes it simple to schedule an eye exam that works for you. even if you have a big trip to plan around. thanks! i mean, i can see you right now if that's...convenient. visionworks. see the difference. with stamps.com you can print stamps

and shipping labels. (♪) whenever, wherever. (♪) get the flexibility you need to run your business. start your risk-free trial today at stamps.com. it's not just a donation. it's a warm blanket. it's a bottle of clean water. it's a roof and a bed. please donate now to help people affected by the 2025 california wildfires.

all the buzz around bitcoin isn't just talk anymore crypto has gone mainstream. at itrustcapital, you can buy and sell cryptocurrencies 24/7 with the tax benefits of an ira. that's right, with an itrustcapital ira, you can defer taxes until retirement or choose a roth ira for tax-free withdrawals later. setting up an account is quick and easy it only takes minutes. open your account today at itrustcapital.com. the new era of crypto is here.

♪ ♪ >> trace: back with the nightcap crew, kevin corke, ashley strohmier, christina coleman, sheila nazarian, vik bajaj and scarlett maguire. tonight's topic, credit agency. biden think that's a joke that trump would get any credit for the israel-hamas hostage and cease-fire deal reached today. who do you think deserves credit, would it have been achieved if trump had not been reelected? >> i think it's -- it would not have been achieved or it would have been sooner. i think referring it to -- referring to it as a joke was in bad taste by those who felt let down over the past few months. >> trace: christina. >> i don't think it would've been achieved. i don't think people can wait for trump.

>> trace: ashley. >> first and foremost people's lives are most important so i would think people would not pick and choose sides on whose job it was and who won or whatever it is but it was trump because if it was kamala and joe they would've had it done a long time ago. >> trace: it was pitched in may, kevin corke, and here it is january. >> spot on. obviously there's plenty of credit to go around but if you think this happens without donald trump just days away from being reelected or rather taking office, you are crazy. >> trace: vik bajaj. >> you don't want to find out what's behind door number 2 when the most powerful leader in the free world says all hell is going to break loose. that's just a gamble in an opportunity to -- to extreme to risk. >> the appeasement policy of this administration and the empowerment and embolden meant and the payments to iran clearly said a different message then you have to fear us and get the hostages released. this is 100% a peace through strength achievement of donald trump. >> trace: you have to say more than don't.

that's what common sense said. lin said trump is responsible for getting the credit, it would not have been achieved if he wasn't reelected. brandon, trump deserves all the credit, biden has done nothing to achieve this. greg, credit to biden for his work for the past year however trump's strength along with israel's constant pressure clearly pulled this deal over the line. marley, biden and his team are neither persuasive nor talented enough to have gotten this deal done. tina, this was trump, no one fears biden. jennifer, it biden wanted credit he should have done it long ago. tim says trump got it done with a deadline, biden has been on vacation hiding on the beach. karen, the people who should get all the credit are the survivors on the families of those that did not. thank you for watching america's late news, "fox news at night". i'm trace gallagher in los angeles and we will see you right back here again tomorrow night. ♪ ♪ the viking way from the quiet comfort of elegant small ships with no children and no casinos. we actually have reinvented ocean voyages,

designing all-inclusive experiences for the thinking person. viking - voted world's best by both travel + leisure and condé nast traveler. (♪) when life spells heartburn... how do you spell relief? r-o-l-a-i-d-s rolaids' dual-active formula begins to neutralize acid on contact. r-o-l-a-i-d-s spells relief.

i had the worst dream last night. you were in a car crash and the kids and i were on our own. that's awful, hon. my brother was saying he got life insurance from ethos. and he got $2 million in coverage, all online. life insurance made easy. check your price today at ethos.com.

now here is "the five." ♪ ♪ >> ♪