we begin with a fox news alert. election night 2023 is well underway. polls are closed in several key states where close races could serve as maybe a small preview of coming attractions for the 2024 election. in a moment we will take you live on the ground in virginia were governor glenn youngkin gop turnout strategy is putting put to the test. we'll state republicans be able to flip the senate and hold on to the house while a heavy lift for share but will bring you the latest results straight ahead tonight. plus we will check with kentucky where the race has now been called for the incumbent democrat andy beshear. we are also tracking another governor fosse race in mississippi. abortion referendum in ohio and a state supreme court race in pennsylvania. also tonight coming up, house judiciary committee chairman jim jordan will join us. we have a lot of breaking news with details from today's hearing with hunter biden's doj guardian angel turned special counsel david weiss and the former prime minister of israel will be here as well. we will have the very latest on the war in gaza and the brutality that is the terrorist group hamas. but first joining us with the very latest out of fredericksburg, virginia, our very own rich edson is with us. all eyes are on the commonwealth of virginia. what is going on there? >> reporter: good evening, sean. it's a real test for governor glenn youngkin. has turnout strategy and the republican agenda here to see if they can control both houses of the legislature to push that agenda through the state government. what you have got here is governor glenn youngkin who has visited fredericksburg, this district a number of different times over the past several weeks. he was here campaigning yesterday. it was one of his six stops he made to polling locations today. six total locations for the governor, about 156 miles when you talk to his team. on top of all that, you've got the governor down in richmond watching right now and has really been campaigning on the economy. republicans have also been campaigning on a number of different issues like public safety, education. democrats have hit abortion and hit gun control. on abortion the 15 week plan that republicans have two try to curb abortions after 15 weeks is something that they have really focused on in this state. they brought a lot of outside help to do and a lot of outside money to do. former president barack obama has recorded a robo call in this state. president biden, kamala harris have made endorsements in this race. a really national race here as all eyes are indeed on virginia as the returns begin coming in. the polls closed a couple of hours ago. sean? >> by the way, governor youngkin's plan, i like the idea of voting early and voting by male which republicans and conservatives have been resistant to do. certainly a shifting paradigm for the long term will be a good plan. i have basically given up on virginia as ever turning red again until governor youngkin came on the scene. he certainly put himself out there, but still a very heavy lift especially when you get into northern virginia where a lot of the d.c. swamp has moved into especially in the last 15 years or so. right? >> this is still a state that president biden won in 2020 by more than 10 percentage points. a year later governor youngkin won by about 2 percentage points. this is no means a solidly red state that it once was. republicans have had to challenge here education was an a enormous issue for glenn youngkin win he ran initially in 2021. republicans have made that an issue in the first two years of his term here. they have broadened that out to do with public safety and the abortion issue on top of that. but that is why this state is so important going forward to what we are looking at next year. i talked to governor youngkin about this earlier today. i said are the issues important in this state and what is at stake in this election going to set the table for the national election that's going to start next year and really has already started? he says it absolutely will. >> there is no doubt that this will have an impact regardless of how tonight might turn out in the commonwealth. thank you. some breaking news. ohio voters have past a constitutional amendment protecting access to a motion abortion extending statewide abortion rights. we will give you more details on that as our breaking election night coverage continues. let's check in with a host of special report, brett bret baier. this used to be the hammer big board. i don't know if they will like this. >> i am just sitting in. >> you are allowed to sit in. it used to be the hannity big board back in the day. >> listen, we have a couple races. the call in kentucky and ohio. we will just bounce around here. the two governor races, kentucky and mississippi. in mississippi the incumbent tate reeves is leading but by single digits so far. this is deep, deep republican territory, though. his democratic challenger brandon presley state utility regulator, cousin of elvis pressley. if he managed to pull off a win here, deep red mississippi would be all shook up. if you've got a check now here in kentucky because andy beshear wins this race, called over daniel cameron. he really outperformed 2019. in 2019 he ran against matt bevin and only won by 5000 votes. here he outperformed and coal country, the incumbent democrat. daniel cameron underperformed where bevan was in some of those places and some counties he was supposed to do better in. five statewide referendums. you talk about virginia. this is really interesting because we don't have all of the data yet. these are individual races and control of the house and senate. governor glenn youngkin wants to take over control of all of the chambers in virginia. in the house there is a slight republican lead 48-46. they are trying to hold onto that. in the state senate they are trying to pick up seats against the democrats. some early numbers in some of these races are looking good for democrats. in-state district 31 for example russ perry is ahead. that's a close race. one we are watching. you cannot call it yet but it's looking good on the state senate side for the democrats at this point. obviously glenn youngkin has a lot of legislative things he wants to do with the house and senate if he gets that in the commonwealth. the other win we are talking about was the one that was just called and ohio. there are two referendums. one is to legalize marijuana and the other is a yes vote on the state issue one that is individual reproductive rights, abortion rights in the state constitution. what this does, with the wind the yes one, it does bring up whether this abortion issue is as strong as it was in 2022 and what it portends for 2024 in a lot of these states. democrats will look at this and this win and say we need to put this on other ballots for 2024 to effect the turnout obviously in the upcoming election. that is what we have so far. way down mississippi numbers. waiting on missive to be virginia numbers. big calls in kentucky and ohio. >> we will check in throughout the night. appreciated. regardless of what happens tonight republicans and democrats now agree joe biden is in deep trouble. an nbc news pole put it this way. there is a five alarm fire among democrats as joe biden's support has bottomed out. if the presidential election were held tonight joe would lose an electoral landslide. that is according to the brand-new new york times poll. another pull from reuters shows that biden is near his lowest approval ever at only 36%. a sitting president frankly just cannot win reelection with those kind of numbers. voters also strongly disapprove of biden and's handling of the economy. so much for the bidenomics they have been pushing. real inflation, real difficulties at the highest mortgage rates we have had in decades. we don't have secure borders. national security concerns around the globe. american soldiers have now been attacked 40 times in just the past few days at bases in the middle east with almost no response from joe biden at all. barely any comments. meanwhile his own party is deeply divided over the issue of israel has biden's radical pro- hamas base is threatening to stay home in 2024. last but not least, americans are very concerned with biden's cognitive decline. it appears to be getting worse. that will only seem to continue as we march toward 2024 and one year from now as kamala harris would say. that's the significance of the passage of time. according to a growing number of democrats that are now begging biden to bow out of the race including former democratic congressman and senate candidate tim ryan. joe biden is clinging on for dear life as always. he values his own personal vanity above all else. unfortunately for joe and his fellow democrats, he is now so unpopular and incompetent that even his own weaponize justice department won't be able to push him across the finish line this time. we will have more on this veiled political strategy to get donald trump coming up. first here with reaction to all of tonight's top stories we have fox news contributor charlie heard and the cohost of outnumbered kayleigh mcenany. not sure what we can read into this. kentucky may be a surprise to some people because they thought that might have been a competitive race. however, on the issue of energy, the current democratic governor is at great odds with his own party, isn't he? >> he is. he ran away from joe biden. why would you not? you just went through the polling and it's a game of how low you can go for joe. one thing i would note, kentucky is a red state. ohio is a red state. mississippi, we don't know what will happen this evening. we hope that reeves pulls it off. it is a red state. tonight the midterm elections, the last few elections, we must recognize as a party. good polling does not always translate into resounding victory. it must be operationalized with the mail-in votes strategy and the voting early strategy with a get out the vote strategy to put a tail wind behind those very poor numbers for biden and good numbers for trump. one other point i would make. on the issue of abortion in ohio we continue the losing streak in the pro-life movement. every ballot initiative has been lost for the pro-life movement. as a party, sean, we must not just be a pro baby party. that's a great thing. we must be a pro mother party. we need a national strategy. i talked to mike johnson about this and we will eric tomorrow on outnumbered. legislation we must put forward to support women. it is out there. senator rubio has laid it out. we have to get trump behind it and the speaker of the house behind it and have a national strategy to help vulnerable women. the results of next years election could be determined by that. >> if we are really going to be honest about this, and i consider myself pro-life. that is not where the country is. i would say first try 15 weeks which seems to be where the country is. i want to stay with you on this issue. these issues will be decided by the states. you talked to the speaker of the house. i talked to the speaker of the house. it will not be an issue in the house of representatives. this is not decided any longer in washington, d.c. the state's will decide. if state's say that 15 weeks is the legal time period where women can have an abortion, then the other side of the issue there are many democrats that want no restrictions on abortion at all whatsoever. this should be a decision only between a woman and a doctor. i don't think that argument has been made enough by republicans. thoughts? >> no. if the language in ohio tonight, this is what happens. it is so loose, the language. the aclu will roll in. this is abortion until birth we are talking about. minors getting abortions without parental consent. as a party we must expose the extremity of the left. number two, passed legislation. tomorrow i want the house of representatives passing legislation for men to pay women child support from the moment of conception. legislation to make the child tax credit applied to the unborn. legislation to have women half access to the supplemental food and nutrition program up to two years after childbirth. these are things that could be done today that could make a difference. until we on this issue as a party we will lose again and again and again. >> charlie, let's get your thoughts on this. do you agree with me that probably the national consensus on abortion is about 12 to 15 weeks. first trimester, 15 weeks? >> i think you are exactly right. obviously kayleigh is right about this. this is what happens when you go for 50 years on unelected group of supreme court justices take this vitally important issue out of voters hands and make the rule by fiat in washington. thankfully we get it returned to the state's and voters. it's a difficult issue. we are working through it. this is the third election. it will be very difficult and awkward. everybody has got to try to find their voice on it. democrats demagogue the issue very effectively. >> democrats are trying to scare women into thinking republicans don't want abortion legal under any circumstances. i go back to pennsylvania 2022, the republican candidate for governor if i remember correctly, no exceptions for rape,, the mother's life or loss to a nonincumbent gubernatorial candidate, democratic candidate by a margin that was not seen since the 1940s. i have to believe that is an indication that the women in america, suburban moms, want it probably legal and rare and probably earlier than at the point of viability. >> absolutely. i think that what kayleigh said is so important. the republican position on abortion is shared by 80% of the population. the democrat position, which is abortion up to the point of birth, and in virginia you are talking abortion after birth where you put the baby on a table and keep the baby comfortable while people make decisions. it is crazy. it's nuts. that's the democratic position. that stuff is so wacko crazy. republicans have to learn as kayleigh said, have to learn how to talk about this and explain how wacko extreme democrats are on this issue. strictly pro-life people are not going to be happy with the end result. they will be happy to start with the 15 weeks. they will be happy to bring some sort of reasonable sanity to this because when democrats get their way it is full nine-month and possibly beyond. >> this is just breaking. the house of representatives will vote again tonight on the issue of censure for congresswoman tlaib. we are not sure exactly win. it might be in this hour. we will cover it for you. i want to go to the commonwealth of virginia. there is something that governor glenn youngkin regardless of what the results are tonight. before glenn youngkin won that race two years ago, i thought virginia was gone. i never thought it was even on the map for republicans. i didn't think it would be worth investing a penny in virginia. but he proved a lot of us wrong. he certainly put a couple of things on the map here regardless of what the outcome is going to end up being. that is that republicans in their reluctance and resistance to voting early, voting by mail, has to stop. the second part of this, and i know the rnc has adopted bank your vote. a smart strategy. the second part of it has to be is democrats have mastered in states that have legal ballot harvesting. they have mastered strategies. republicans aren't even in the legal ballot harvesting game. i have not seen any effort or movement at all to get in that game. i think they are making a huge mistake if they don't. whatever the results are tonight glenn youngkin was on the right track in terms of republicans trying to stop the bleeding and going into election day down hundreds of thousands of votes. i also think in those states where they have legal ballot harvesting that has got to be adopted by the republicans and they must equal the efforts of the democrats are surpass them. >> no doubt about it. he is spot on, glenn youngkin, to save vote early. we must vote early and embrace these laws. 50 days of early voting in pennsylvania. 50 days! when we don't vote early as a party, we all show up on election day and then rain happens and something happens with their kids. people don't show up. there are emergencies. you have to go early. one thing roddy mcdaniel pointed to me because she is on top of this. look at nevada. they have codified into law that every registered voter, you know what happens on the voter roles. dead people are there. they are not cleaned early and often. everyone gets a ballot. even people who aren't with us any longer. we as a party have to vote. 11 points donald trump is up in nevada. that doesn't matter until we vote and have an early vote strategy and play the same game as democrats. >> i agree with that. charlie, anything else we can glean from tonight regardless of whether or not republicans win the house and delegates in the senate in virginia. do you think virginia is back to at least being purple? >> i think virginia is going to be a difficult state for republicans going forward just because of what you are pointing out earlier about the encroachment of the swamp into more of virginia. but the bright spot of this is that glenn youngkin won virginia by taking an issue that was historically democratic, drilling down into it and exposing the fraud that democrats were perpetuating on parents through education. he did a very good job of it. i would argue there are a lot of issues that democrats claim to take credit for in virginia and elsewhere that you can go after them on. you have to do it smart. obviously kayleigh is right. it is not just enough to be right on the issues and to expose how democrats are bad on the economy. they are bad on education. they are getting bad on immigration. they are bad on all of these things. it's not enough to win the argument. you have to win the battle which is coming up with the plans to win on election day and win on early voting or whatever the rules allow. you've got to play by those rules and you've got to win. >> kayleigh, charlie, thank you both. we have another fox news news alert. the house is now planning to hold a vote any minute maybe to censure anti-semitic congresswoman tlaib. we will take you there live in the house as it happens. also coming up hunter biden's special counsel david weiss testified before the house judiciary committee today. jim jordan will join us live next to tell us what happens behind closed doors as we continue. a big day on capitol hill today where david weiss the special counsel investigating hunter biden was grilled during a closed-door interview with the house judiciary committee. here is committee chairman jim jordan after that interview. take a look. >> he was specifically asked did you ever request special attorney authority under section 515. mr. weiss response was yes in the spring of 2022. that gets to the heart of the matter. he requested. he never had that authority throughout the time, yet he pretends that somehow he did. >> jordan also broke more bombshell news last night was shocking new evidence on the federal government censorship campaign ahead of the 2020 election. we know that the fbi was leading with big tech week after week after week in the months leading up to the 2020 election morning big tech they may be victims of a campaign, disinformation campaign. we learned that. we learned that in fact the disinformation campaign had everything to do with hunter and may have everything to do with joe biden. in fact, when they knew the truth they never told the truth. by the way, the government, we learned, was censoring information from a lot of other people including me, yours truly. mollie hemingway, governor mike huckabee, newt gingrich, tom fenton