east coast, 8:00 p.m. in los angeles and this is america's late news. fox news at night. breaking news, the house of representatives is taking serious action against michigan democrat tlaib over recent comments she's made. we're watching election results come in from 33 states and some of the results may give us keen insights into how voters will feel for 2024. the battle in virginia over the statehouse remains undecided. we begin with our chief political anchor bret baier with the historic action against congresswoman tlaib. >> this is quite something. she becomes only the 26th member of the house of representatives to be censured. the vote was 234 to 188. 22 democrats actually voted for censure against tlaib, four republicans voted against that. voted neigh. four voted present. there was no formal reading which is different. usually if someone is censured in the house they have to go down to the well of the house and stand there as the readers have the formal reading of the resolution. that did not happen tonight. and this resolution, however, was passed. again, she's the 26th member of the house to be censured. what happens? nothing really, to her, she doesn't get kicked out. but it is a black mark on her record. she was emotional today on the house floor defending herself but primarily this is about the words that she's used, essentially about the erasure of israel from the river to the sea in some of the things she's said and some of the ads that she's retweeted and posted. >> we'll have more on this coming up. in the meantime, bret, election, offyear election, the results coming in, what's the message you believe voters are sending? >> the message is it's a good night for democrats overall the message is abortion is still very much in play. possibly for 2024. as you take a look at the map here, a couple of key races, kentucky and mississippi, as far as the governor's races, democrat incumbent brashear beating cameron easily, and kentucky really outperformed in the cold counties and did better in 2019. cameron doing worse than bevin in 2019. it looks like congresswoman reeves will hold on. 72% of the vote in. he has about 15-point lead over brandon presley, who is the site utility regulator, also the cousin of elvis presley. went into this race, democrats thought they had a really good chance, if i can dream, and they thought they could take out the incumbent. it looks like at the end of the day this is heartbreak hotel for the democrat. we'll see. in rhode island the congressional race, the democrats hold on to that. this means there is a three-vote margin for republicans inside the house of representatives. now, a key point here, is the referendum that we've been seeing in ohio, this is what we're talking about, the abortion issue, state issue one, this is abortion rights added to the state's constitution in ohio. 56-44 this passed and it is a significant sign. there are other states that are going to do this based on what they are seeing, with the power of this issue. also, in ohio, legalizing recreational marijuana happened tonight also by a vote of 56-44. the other big race, virginia, and that is control of the statehouse and the state senate. this is a race where glen yunnan, the republican governor, who you remember beaterry mccullough staked a lot on this race. if they could turn the state senate and old on to the statehouse this could be launch pad for glen to run for president. it does not appear that that is going to happen. as far as house races still too early to tell about control but it looks like democrats may have taken the majority possibly waiting for a couple more tight races but right now as it's positioned democrats will control the virginia state senate. again, we're waiting for the final numbers but it looks like there is going to be control of the state senate and that means that glenn youngkin will not have the trifecta. he wanted to pass a 15 week ban abortion bill. we'll see what it means for his future. you have a number of things happening here but the message tonight, trey, is, one, it's a good night for democrats. two abortion plays very heavily despite the fact that the president's approval numbers and the vice president's approval numbers really on a drag. i feel like you'll hear them talking about abortion in a number of days. >> appreciate it. as brett was saying, no state does a bigger offelection year than virginia. 40 seats in the senate are up for grabs. the senior national correspondent is live tonight in fredericksburg. good evening. >> good evening, trace. you heard, this is the way things are looking right now but we do not have that official call that bret was mentioning from the associated press. it's not firm in stone but we do have claims from the democratic legislative campaign committee, who are responsible for trying to get some is of these democrats elected across the country. they have declared victory. they say the virginia senate race is all begun or it is finished. the democrats have held on to the senate and provided a "vital check" on governor youngkin. the biden-harris campaign has also weighed in, not specifically on this race yet but they have weighed in on abortion nationwide and played into this race here. the biden-harris campaign said americans overwhelmingly side with biden and democrats' vision for the country. republicans were trying to deliver glenn youngkin in a so-called trifecta. they already held the house of delegates. they were trying to flip the senate. they ran an awful lot on issues like the economy, like on education, public safety, environmental regulations, also part of their party platform as bret mentioned was that 15-week abortion ban. that's something democrats have spoken a lot about. a big part of their campaign as all of this. that and gun control. it was a huge, huge issue in all of this. you had a lot of national democrats playing in the state. formal president barack obama recorded a robocall that played in this state. biden, vice president harris made about two dozen different endorsements in this state and you had a lot of minute as well from the national party and the state party here trying to at the very least maintain the state senate. youngkin and bret mentioned this, too, he was all over the state trying to get republicans elected. trying to get out the vote. this was a real test for his ground game. for his political coattails essentially after winning the governorship a couple of years ago and whether he could get that unified control. that's something not only did he go around the state in early voting, and they did have six weeks of early voting here, something else that republicans were highlighting trying to get reluctant republicans to vote early, he was at six different polling locations across the state. 150 different miles traveled by him. so all of that, trace, as we wait for the results here. he put his face on this one. it was a big part of governor youngkin for the last two years of his governorship, trying to get that unified control. trace? >> covered a lot of ground, spent a lot of money. rich live for us in virginia. thank you, plenty of other important races. the senior national correspondent kevin corke is live in d.c. with the very latest numbers. good evening. >> the big story as seen by the national media tomorrow will no doubt be the ohio abortion measure issue one. that's partly because it continues to trend across the country. states trying to expand access to abortions. by the way, it also feeds the narrative that democrats have is an issue, you heard bret allude to it by which they hope to best republicans next year in 2024. and tonight, ohioans voted to enshrine access to abortion in the state constitution, shoring up protections more than a year after the high court overturned roe v. wade. by the way the vote in this increasingly red state really buoys the suggestion, trace that access to abortion is something that's not only backed by democrats nationally, but an increasing number of republicans apparently nationwide. elsewhere, in key gubernatorial races incumbents held on to statehouses in the southeast with tate reeves at this hour comfortably out in front of brandon presley, cousin of elvis and the state utility regulator. in the commonwealth, kentucky, brashear besting daniel cameron performing a lot better at the ballot box this time around than he did back in 2019 when you may remember he narrowly beat bullpen governor matt beven, do keep this in mind, both brashear and his father have served as governors in the commonwealth, so that along with rural cold country turnout apparently flipped the scales in his direction. >> name recognition is big there. kevin, back to you as the news warrants. thank you. let's bring in fox news contributors. thank you both, gentlemen, for coming on. steve, you look at ohio and kentucky. it still appears that abortion is a liability for republicans. >> yes. and virginia, too. if you look at what's going on, trace, in our country, you've got inflation, interest rates to deal with inflation, people are worse off. krirngs out of control. the border, out of control. the world dangerous and weakness from the white house, another terrible poll tonight from cnn. democrats behind on every single issue, biden under water. the only issue where democrats have the lead is abortion. so guess what? glenn youngkin does, he makes abortion the centerpiece of his election campaign in virginia. it is inexplicable, unprofessional, a dereliction of duty. republicans better wake up. either they can be the party that talks about abortion and loses elections, or they can be the party that wins elections, gains power, actually deals with the problems left and the mess left by democrats, and realize that they are in the lead on every single issue apart from abortion, and that's what they need to talk about. >> in virginia, like steve was talking about, governor youngkin, he thought that he was kind of hitting a happy medium, right with the 15-week ban on abortions. do you think that's not the middle ground? do you think this was a mistake to even bring that up? >> i think you have to address it because it is the number one issue for the other side. the problem is the republicans haven't figured out how to talk about it and try to demonize it and talk about it. are you in favor of a third term trimester abortion? are you in favor of late term abortions? pin it on the democrats. now, it's not enough to be just right on all the issues. you've got to be able to get out the vote, and democrats have been, for a long time, been way better at this than republicans are. the other thing i think i take away from tonight is joe biden is an albatross around people's necks. they didn't want the president out in kentucky, and that's the other thing. incumbency reins, trace. incumbents almost always win. it stays true even though the country knows it's off track, incumbents still win. >> you wonder how heavy, you talk about the biden blues, you wonder how heavy that's weighing on some of these states. you look at abortion, crime, the border, you look at the multitude of issues in foreign policy, and yet, you have these democratic voters coming, and they are voting for abortion. it seems like a theme for the past four years. three years. >> that's why i say it's such a serious moment. you're totally right. that's the reason we have all the mess and shambles in the house of representatives. you have a tiny majority for the republicans. should have been much bigger. abortion was the reason why, and so the republicans have got to wake up because it will happen all over again in 2024. with everything that's going on. the calamity of the biden presidency on issue after issue, it should be a massive year of victories for republicans. now you look at the presidential field, by the way, there is one candidate and people may not like to hear this but the only candidate that's really got a sensible position for the party on abortion is donald trump. he understands it was a loser in 2022. he understand you've got to talk about all the other failings by the democrats, despite the absolutely disastrous position of biden in the polls. we see it again and again in ever single poll. look at the fact that in the poll tonight from cnn donald trump lead joe biden among black men. lead among black men. it's astonishing, don't throw it away by talking about abortion for goodness sake. >> you talk about that poll, it's great thing, jason, for to you end on because that poll was devastating news for democrats, and yet democrats are celebrating tonight. >> because they have learned to get out the vote, and take a wedge issue. sometimes it's marijuana, sometimes it's abortion, and that's what drives people to the polls. and they start getting out to the polls six weeks in advance. republicans don't like early voting so they wait until the day of the leeks and it harms them every time. they better darn well figure out how to deal with ballot harvesting and everything else or republicans will continue to lose. >> they have got exactly one year to figure it out. jason and steve, gentlemen, thank you both. back to politics in moments but first some breaking news on the war front. pro-palestinian activists are now calling for a national day of action tomorrow. prompting the pentagon to issue an internal threat advisory for dod run facilities, and major military government contractors. matt is live with the new information on this. good evening. >> fox's julien turner obtained an internal government threat advisory being shared within the department of defense, and the national security agencies today warning about a potential international day of action tomorrow. by pro-palestinian group. the plan calls for rallies, protests, and propaganda actions in all cities, and at the headquarters of some of the largest weapons companies in the united states. including boeing, lockheed-martin and microsoft. the memo is warning defense employees, reading in part, "dod personnel should remain cognizant of their surroundings at all times and avoid any potential israel or hamas protests throughout the united states. if dod personnel finds themselves in the middle of massive demonstrations leave the area immediately and avoid unethical behavior. this comes after 69-year-old paul kessler, seen here carrying an israeli flag died after witnesses say someone hit him in the head with a megaphone at a pro-israel rally. he died yesterday. the autopsy says he died from hitting his head on the sidewalk after being struck. police say right now they have conflicting reports about what led to the man's death and who exactly is at fault. >> investigators have not ruled out the possibility of a hate crime, and this is being investigated as a homicide. >> in new york today protestors were chanting genocide joe has got to go. after the white house gates were defaced over the weekend by pro-palestinian groups. the protestors also chanted obscenities against the president. trace? >> it's amazing, matt finn live for us, thank you. let's bring in two more. thank you both for coming on. let me play some sound if i can from that protest talking about the pro-palestinian rally in new york and then we'll get your thought on the other side. watch this. [commenting] >> chanting] >> joe has got to go. >> i look around the country and i see these protests. we thought they would get smaller. they are getting bigger, more robust and hateful than they have been in recent days. what do you make of that? >> i would like to know where these people came from. i don't understand what's going on. i think looking at what happened to mr. kessler yesterday, or two days ago in westlake, is absolutely horrifying. it's hard to identify these people because they are all completely masked up, and concealing their identities, but this is really concerning. >> yes. you talk about paul kessler. the jewish man who was killed following the altercation with the pro-palestinian protestor. callie, nbc came out with this headline first. man dies after hitting head during israel and palestinian rallies in california, officials say. they changed it. they finally changed it later, but why is the media so reticent to give jewish people the benefit of the doubt and so eager to give it to the other side? >> yes, it's a great question, trace. two of the most disturbing things about this nbc report were, a, that they changed the headline without disclosing to readers that they had changed the headline in the first place. they did not include an editor's note saying they had erred and why they were changing it. the second is the facts within the article itself disprove the headlines' claims. the report itself quotes the california official who determined that this was a homicide. and yet if you just read the headline it sounds like paul kessler fell on the sidewalk and died of natural causes. he didn't. he was struck on the head, and fell as a result of that, and he died from his injuries. >> that's exactly right. when i first read this, we first heard about it late yesterday, i mean, it was kind of stunning to hear the initial details, and then find out what really happened. a jewish professor at union college in new york confront add student who said that pro-israel rally attendees should burn in hell and the professor said this afterwards. >> i was very surprised. i must tell you. there is a lot of -- what really surprised me was the reaction of the administration. the vice president of academic affairs was in the audience. she heard it, she didn't do anything. >> she heard the student say burn in hell and did nothing about it and the jewish professor was sitting there like, what? >> i really, i don't know what to say anymore. it really feels like we're upside-down and we've trained these young people and, i think this age range of high school through college and maybe early 20's, are all really passionately getting behind this sort of pro hamas anti-israel, anti-semitic sentiment, and it's cool for them to go out to those protests and say these things -- cruel, and there are no consequences. >> it's time to end, callie, dei, diversity, equity and inclusion, she goes on to say it's time to end dei for good. people are encouraged to segregate themselves. no more forced declaration that you will prioritize identity over excellence. no more compelled speech or going along with little lies for the sake of being polite. your final thoughts on this? >> the dei infrastructure is largely responsible for the brainwashing of america's youth. i've got to say, i love this professor's approach. confront these people. make them sign their names to their anti-semitic rhetoric. make them show their faces when you see them pulling down signs of kidnapped israelis. make them show the world who they are and what they value so the rest of us know to avoid them. >> yep. and when people show you who they are, we should believe them. callie and julie, thank you both. coming up, two more attempted attacks on u.s. and coalition forces in the middle east as the white house says president biden does not support a reoccupation of gaza by israeli forces. we're live on the ground in israel and we're live in states that are still counting ballots. our election coverage continues on fox news at night. is last ye? before you were preventing migraine with qulipta®? and look at me now. you'll never truly forget migraine, but zero-migraine days are possible. don't take if allergic to qulipta®. most common side effects are nausea, constipation, and sleepiness. qulipta®. the forget-you-get migraine medicine™. 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