the east coast and 8:00 in los angeles and this is america's late news fox news at night. >> so much time telling america how bad donald trump is but not enough time saying what biden has done right. >> trace: did you hear charlemagne the god on got felt? we have a guess the strongly disagrees with him on next but the focus of america's crime crisis as general hospital or actor was shot and killed after confronting -- confronting themes trying to steel parts from his car and nicole parker live with his theory and closing arguments wrapping up and president trump's criminal trial and prosecution is laying out the crime of federal crime in a statement and the judge outside the new york supreme court with more. good evening nate. >> reporter: good evening and up until 8:00 pm eastern time but both the defense and prosecution finished making their closing arguments today and you mention the prosecution finally revealed the underlying crime former president donald trump is accused of at fica violation federal campaign act as trump allegedly engaged in a conspiracy by suppressing negative stories about himself with michael cohen and david packer. that's what elevates 34 misdemeanors and here is trump earlier today. >> we have a rigged court case this is all about election hunting and going after joe biden political opponents. >> reporter: trump posted this on truth social in one word you see it the prosecution took almost six hours. joshua made the quote there's a "mountain of evidence and argue trump directed business records to be falsified rather than falsifying them himself. focus on the credibility problem with the prosecution star witness michael cohen and called cohen the greatest lawyer of all time and cohen is the only person directly connecting trump to the election scheme and trump maintains all payments to cohen present legitimately collected and says you cannot send someone to present based upon the words of michael cohen and the judge immediately called that comment highly inappropriate and reminded the jury he alone has the responsibility to decide trump's punishment if the jury finds him guilty and court resumes at 10:00 am tomorrow morning and the jury receive instructions and after that deliberations began and the jury must reach a unanimous verdict to either convict or acquit trump. sending it back to you. >> trace: nate foy life for us in new york. let's bring in criminal defense attorney and litigator so looks like we have a crime and writes the following, "becoming a three part monty on where is the crime as until now dozens of references made to state law violations but unlawful cited as edible election law violations and making them unlawful campaign contribution so a federal election violation in the state of new york. i'm confused and so are a lot of people. >> for good reason. the federal violation has a longer statue limitation and the goal of get that conspiracy or intent for the criminal act as they are then misdemeanors or other potential criminal acts can bolster the activity and it really is a situation where you are in law school and your professor says, hey, can you find a crime here and at the end of the exam the professor says that was cute with us on the way it works in real life and here we have the judge saying that's cute but we will let it fly and that's a scary thing for any attorney and i'm a defense attorney and prosecutors as well would like to have clarity and you can bet your bottom dollar that jury after sitting through a full day of arguments asking themselves, where's the beef? >> trace: unbelievable the judge and the analyst we saw and coating here, "prosecutors feeling emboldened and no fear of being ruled against or otherwise sanctioned by the court but the jury does not know this but must believe all of this is legitimate." seems like there were a few rules for the prosecution and the law for the defense. >> one of the intangibles of jury trials when the jury believes defense attorneys are treated equally until decay starts when you have a judge that is biased and there can be no measure of disagreement about that fact in this case and the defenses constantly in a position of justifying their actions having objections made when they should not have otherwise been sustained. sends a message to the jury that the prosecutor is right and the defense team is wrong and therein lies the biggest deficit for that type of ruling. >> trace: andy mccarthy writes, spent five hours here so the prosecutors could did see the jury that there is oceans of evidence and you easily miss after hours there is no evidence of trump's participation in a crime and your final thoughts. >> in every jurisdiction, judge given charge of the jury and jury instructions and one of those is what the attorneys say is not evidence just discounted so really the jury wasted eight and a half hours today but when you have a closing argument of five hours something to that effect, unless a serious federal conspiracy including 50 plus witnesses which this case is not, there's one guarantee you will lose the jury and hopefully for donald trump, that's the case here. >> trace: boring is what the caption red. thank you. a brand-new report of fears inside the democratic party and life for us in new york without story. good evening ashley. >> reporter: good evening chris and the white house staying on message but behind-the-scenes, reportedly freaking out. >> are you guys here at the white house in full-blown freak out mode. >> i won't comment on the election but i will say this the president has now forgotten where he came from, who he is. >> reporter: one advisor to democratic donors from politico and the list of reasons biden may not remain at the helm is so long that he has time to pour a drink and the reasons include immigration, high inflation, presidents agent, unpopularity of vice president and the presence of third-party candidates like rfk junior. same advisors see the list of reasons why he could win is so small that i don't need to keep the list on my phone. other well-known democrats say the problem is messaging. >> talk about cost-of-living and we will help deal with this. don't talking about [bleep] or student loans. >> go on the attack. >> reporter: seems the biden campaign tried that approach today ascending campaign surrogate robert de niro outside the new york city courthouse where trump is facing the trial. >> donald trump wants to destroy not only the city but the country and eventually he will destroy the world's. >> reporter: and according to the political report adding to the democrats concern is falling poll numbers for biden and rising fundraising for trump. >> trace: thank you actually. [ ♪♪ ] fox commonsense department eager to read the article of politico that reads "democrats in full-blown full-blown freak out over biden." the piece goes on for many paragraphs about a pervasive sense of fear in the democratic party over the reelection process and, of course, filled with unnamed insiders giving their two cents but common since thanks do we really need unnamed insiders because foley named outsiders can tell you what's wrong as joe biden is just not good at this game but the unnamed insiders won't really say that what it's never biden is bad but trump is terrible. the article that was supposed to be about biden being bad says things like "trumps wretchedness." and young voters may not realize how disastrous 2017 was. one example of trump's wretchedness, one example of 2017 being disastrous and instead the left only talks about trump indictments and scandals manufactured by the left. article should not be called the freak out over biden because the freak out again is over trump and not about inflation or immigration or never-ending vacation and common since thanks it's nothing more than a route screaming trump. -- of rap. played a little bit of him and here's an expanded version of what he said about this on cnn. >> there's only two ways to run for office either unopposed or scared and i think people ought to be scared and i think he's done a great job but this fixation of getting credit for his accomplishments i think he goes about it the wrong way. going on the attack. >> trace: i think what they're missing is the fact this is all what biden administration does that they go on attack for trump that they can't run their own record. >> the absolutely cat as the democrats in the downward spiral. -- that is absolutely correct. we talked about this before a year ago the first time in american history you have had to exact presidents run again so you can compare their agendas and administrations and look at four years of trump and compare it to three and half of biden and it's not a pretty picture for the democrats so it's no surprise there freaking out over here and a very twisted sense of what it looks like to fix the country and the american people are not happy. we know one thing and that the basement strategy used in 2020 will not work this time and has to get out there and talk to the public. >> trace: in the meantime here is robert de niro a lot of it is said by the white house and gets in a back-and-forth with some of the trump supporters. >> these people over here, it is kind of crazy. [ indiscernable crosstalk ] >> paid by the dnc. >> trace: the whole thing was very strange and even on some of the liberal networks they said this was a mistake for biden to do this. >> this absolutely was a mistake and i'm not in the business of giving democrats political advice but if i was working for the biden team, i would tell them hollywood elitists are not people who will help persuade american voters that things are better under joe biden than they were under donald trump. robert de niro screams at people and just voice an add for the biden campaign called snapped and put on a master class there in the performance. all of that aside, he is a surrogate and the voice the biden campaign put forward to represent them and if that's the best way they think they can connect, a landslide for donald trump in november. >> trace: it really was and one of those things when you look at it and stepped back and think big mistake. political rights this, "biden plans to address the verdict in the white house setting. according people granted emanated to eat to discuss and not political." is a humanitarian speech he will give about the verdict? >> this picture speaks a thousand words and of president biden decides to speak about this corrupt political trial against president trump from the white house, it will be a photo that last for generations and generations of american history with the headline that reads "democracy and justice is dead." a clear picture of what this trial has been from the beginning and one thing they're using to get president trump off the campaign trail and said over and over again that it's not working. >> trace: if you're joe biden and speak about the inflation to the american people and your thoughts on this? >> joe biden does not want to talk about the things that matter to the american people because it's an unmitigated failure at addressing the concerns. same president who refused to come out and condemn the violence and rhetoric we're seeing at universities just a month ago but he's going to use the white house as a political weapon against his political adversary to try to say the former president is unfit for office. bus not the message he should be giving to the american people and maybe we should listen to james carville and start talking to the american people about what matters and now he can score political points on. >> trace: to thank you both. charlemagne the god facing blowback and a refusal to endorse the president for reelection but in the last hour, you may have seen the podcast host put his no bars hold opinion to gutfeld and now live with those highlights. >> good to be here now charlemagne the god has always explored the outer edges of political orthodoxy you know being tough on the left and political right but it is his refusal to ignore how in his view president biden's policies have really hammered the middle-class and in turn it has caused him to run afoul of democrats. >> james carville is obstinately right and what i've been saying is they spend so much time telling america how bad donald trump has been but not seeing what they feel president biden has done right and constituents be like what has president biden done? >> trace: good question and charlemagne clear he thinks joe biden is a lousy messenger who lack the basic political skills that donald trump possesses. >> trump can say the wildest [bleep] and it shouldn't feel like it will be close but the fact we don't know what will happen in november had me saying last year, biden harris is a winnable ticket. >> a fair question indeed and the popular host of the breakfast club the radio program says he won't back biden and previously expressed regret for dumbing so back in 2020 and for what is is worth, charlemagne does not consider him a democrat or republican which allows him to call bowl on empty campaign rhetoric on both sides. >> trace: let's take a little deeper with that kevin. thank you. reverend jesse lee peterson and it's great to have you on the show reverend. hears a sound bite and said this about the media. >> they spend so much time telling america how bad donald trump is but not enough time saying what they feel president biden has done right and constituents be like what has president biden done what we would know if he didn't spend all your time on msnbc constantly pumping out trump like that's not an effective strategy. >> trace: the reason why they pump that out is because biden does not have a record they can rate if they're looking for ratings and biden says they're going after trump because biden does not have the record. >> that's weather not talking about biden. america is in a way worse shape than their -- the was so there's nothing good to say about biden. we know it trump has not done has done a better than the next time he gets in and charlemagne knows that. charlemagne said once something like he is tired of voting for old white men and fighting for the vise president, whatever her name is. final think is really on the side of other one. >> trace: here he is on trump. >> let the record show that i agree with robert de niro i think he is a threat to democracy and he said he wanted to suspend the constitution to overthrow the results of an election and at the lease does not a patriotic thing to say. >> trace: to set a couple things that should be challenged on there so clearly not a trump fan the bottom line he's not voting for trump. >> i call donald trump the great white hope as president trump never attempted a coup as that is not true and we spoke about the election and believe the election was not fair and has the right to believe that an so this guy charlemagne is not for president trump and that's for sure and even though he doesn't say not for biden, definitely makes it clear he is not for trump. >> trace: it's fascinating. thank you for coming on reverend. coming up, one of the stars of general hospital dead at the age of 37 shot and killed for trying to save apart from his car. latest on the investigation for a crime that has baffled hollywood and later in 'the nightcap', biden campaign set back to the white house for a press conference where he clashed with pro- trump protesters calling them gangsters and slammed the event of proof of political persecution. >> the fact there holding a rally across the sea from this very witchhunt right across the street tells us exactly what we all knew all along that it is a political persecution and a witchhunt. >> trace: as always, we would love to know what you think does the biden campaign outside the trial of political motivations or is it unethical or fair game? let us know on next and instagram and we will read your responses in 'the nightcap'. >> trace: now the latest on breaking news the actor best known for playing on general hospital shot and killed in los angeles bite suspects trying to steal apart from his catalytic converter and good evening matt. >> started on general hospital in 160 episodes and after his mother says over the week and in, leaving a bar at 3:30 am with a female coworker when he was shot and killed trying to steal the catalytic converter from his car and said her son's final act was heroic confronting the suspected thieves. >> he thought he was being towed because he was parked on the street and he said, hey, man, you jumped my car and the person looked up and had a mask on and he put his hands up and backed up the bow and he was shot point-blank so he was gone in a matter of minutes. >> suspects so escaped -- escaped in a nearby car and have not yet been identified and daytime soap left a statement saying health truly one-of-a-kind and our thoughts and prayers go out to his loved ones during his difficult time. says the actor was shielding a female coworker shot at point blank range saying he was raised in the south war you don't allow a female to walk alone. >> nothing is going to bring him back in whatever justice can be done is done. >> former fiancé posted attributes either must be changes in los angeles because there's no regard for human life and letting criminals roam the streets. >> trace: thank you and former fbi agent and fox news contributor nicole parker. i want to plate one more piece of sound from his mom and will you get your take on this. >> like anyone i want anyone out there to pray because it will take god to intervene to make sure detectives get all they need and not just to catch them but convict them. >> it baffles a lot of people out here because who kill someone for a catalytic converter? call by police on the spot and it's not one of those crimes that a put you in trail for and number 2, what in the world you make of this? >> my condolences go out to the family and friends and loved ones having to work in violent crime for the fbi there's nothing worse to losing someone and there was never a time there was so much darkness and evil and death if there was ever a moment i became numb to it because these are human lives and they matter in this is disgusting and sad and tragic and all in all accounts i read, johnny was an amazing person for love light and hope and a powerful force in this world and to lose individuals like this with a senseless act of violence and look at los angeles as they have a major crime problem and we must remember as a u.s. citizen you have a role to play and more power than you thank you do. you can vote for those judges and prosecutors and sheriffs who believe in enforcing the law and there is a way to have a voice and his former fiancée, god bless her. she is out there putting a voice out there says if you don't like this, you need to make a difference a legislature's and that is where you can stand up. >> trace: will try to get her on the show and fox news says, lapd shares details about three suspects involved wearing all dark clothing and driving a dark colored sedan the suspects seen in the central bureau of homicide requesting the public's health identifying those involved and they need the public's health because they don't have the resources and everyone needs to get involved because the audra finding these people and prosecuting them become thinner and thinner as the days go by. >> they become demoralized and i can tell you there's nothing more more than i want to do then to serve justice to those hurting innocent civilians and it's not okay but law enforcement needs the backing and support the funding and the right to do their job and a good thing is certain agencies like the fbi are so focused on diversity equity and inclusion that in the end that's not what matters protecting his number 1 as law enforcement