greg: thank you emily, michael and the audience. i love you and good night. [applause] trace: good evening. i m trace gallagher and it s 8:00 and los angeles and this is america s fox news at night. [ indiscernable crosstalk ] trace: breaking tonight, brand-new video of anti- protester telling jews they wish hitler was still here. i am confident. trace: hunter biden guilty on all three gun challenges and the president sun facing nine counts of tax in california. if he is convicted in california , his alts were go way up with president biden s pledge to not pardon his son and we will read what you have to say in the nightcap . remember the california medical medical middle school student fallback and now he and his family kicked out of their school altogether. we begin with the very awkward video that has raised a very awkward question, does joe biden have the mental capacity and physical stamina to do the job? live in dc with more on the question everyone is asking. good evening kevin. reporter: depending on your perspective, watching the president appear frozen stiff during yesterday s juneteenth celebration was either an excusable momentary pause or a shocking reminder of the many and growing concerns around his age and acuity. some questioning the wisdom of his continued candidacy at all including nate silver, the famed polling guru recently noted on next if biden still struggling in august, needs to consider stepping aside. there is this from the atlantic as liberal columnist writing biden remains a comprehensively weak weighed down by the same liabilities that burden him from the start beginning with the largest and completely unfixable one. at 81, much too old for run for president but mr biden still has his supporters. the group won t pack down say it will raise $25 million for support among young voters leaning heavily into the student lone forgiveness talking point and fairly popular among some if the husband though shot down by the courts. polling by the ap suggests forcing taxpayers to cover student lone debt approved by someone else is deeply unpopular with the majority of americans. trace: thank you kevin. let s bring it new york post reporter and thank you both for coming on. i want to play this video of joe biden freezing up at the juneteenth event and replaying it because i want to keep the video up and red you what nate silver, he said biden still trailing by three points in the swing states and a pretty big underdog. nanas not to consider alternatives and sometimes all you get to choose from a different type of bananas but biden hit a new all-time low in approval and in this he also said the biden should step down and that was supposed to be on there. the whole context is the confidence of this man lydia, keeps getting lower. james carl s dad said they don t predict elections and that s clearly what they re trying to figure out. the problem is you can t just swap out candidates for another but the country needs a name recognition and a person with experience and there should be a whole courtship period where the presidential candidate tries to win over voters and the chance look at the candidate with gavin newsom and i don t think the american people want to shock on wedding where the groom is shot down at the last minute. one other point is joe biden loves being first lady and really pushing joe biden to keep running so i don t know if it s up to biting biden. maybe the private jet plays a role. trace: he writes the following, two biden keeps trotting out in a barrage of voters and there s still plenty of time left and it is now june . reassurance? he only wants to thwart trump and stay alive. that s the whole thing, what is the message amber? the biden campaign is struggling to figure that out and they see these numbers they say the numbers on top of economy and immigration get worse and trotted out this week immigration executive order can from both progressive base of the democratic party or moderate voters he s trying to bring to his side. even his former press secretary said he should stop running on his accomplishments because arguably there are not any and make the election about donald trump. that s a problem too because now his whole line about trumping a convicted convicted felon is out the window is because so is his child. trace: rachel maddow had this to say. i know it s a cliché but hitler was elected and talking about putting millions of people in camps in the united states. trace: by the way she thinks she s among those place in those camps. the drama here is a very high level. the drama is off the charts. irony is rachel maddow worried about the weaponization of the justice system which is very ironic because thrilled to see the justice system weaponizing against donald trump and now afraid it will happen to her. donald trump talking about migrant camps for those illegal immigrants and a massive immigration problem and the idea she would somehow link that to limiting free-speech ate have to say it s very self-important to assume if he s elected that he s facing wars in a crisis in the southern border and he will prioritize rachel maddow? i don t buy it. trace: we hear all the time and here s a clip from nancy pelosi we think is important to watch. why weren t the national guard there to begin with? that was not a question they don t know and i take responsibility for not having them. trace: nancy taking a little bit of blame for january 6 takes a narrative. 10 seconds for a thought. it turns out everyone was lying when they said donald trump requested national guard troops and nancy pelosi bears responsibility. eight illegal immigrants with ties to isis have been arrested and coordinated sting operation in new york, los angeles and philadelphia. live with more on the national security implications of the southern border crisis. good evening. good evening and this is exactly what people are worried about. a federal source tells fox fox news the eight nationals of tajikistan with suspected ties to isis all arrested by ice and fbi in new york, philadelphia and los angeles. to giga stand a 7000 miles away from the southern border and fox told all eight of the nationals crossed illegally into the u.s. and received for vetting by dhs . we re no derogatory information on them was flagged. with potential ties to terrorism and national security concerns flagged later on after they were apparently released into the u.s. and in a joint statement, fbi and dhs confirmed the arrest as the fbi recently described in public bulletins, u.s. the heightened threat and fbi continue working around-the-clock with our partners to identify, investigate and disrupt potential threats to national security now the fbi and our sources have not said when and where the eight nationals cross the u.s. border but our sources confirmed to us they did cross illegally. trace: a standby bill if you wood for us. trace: commonsense department very pleased to giga s and nationals in custody but common since concerned about what happened before they were in custody because when they cross the southern border illegally from to giga stand the former soviet republic they were said to be fully vetted. really? over the past three months, jihadist from to giga stand involved in eight when usually high of terrorist attacks including the attack on a concert hall that killed a hundred and 45 so when dhs is fully vetted, common since would like to know what that means. where did they cross and why did they come? where did they go? it appears there were zero red flags or zero derogatory information from these eight people until one of them was caught on fbi wire talking about bombs and that s derogatory information. and there in a highly vetted environment and the system is like getting id before entering a bar. dhs will continue working around the clock to disrupt threats to how many got a ways have gotten away? commonsense things the best vetting is letting the sun wedding walk freely into the u.s. along with former fbi agent all of you joining us and nicole, are you surprised these illegal immigrants have ties to isis? unfortunately i m not surprised and sadly this is the tip of the iceberg. this is not shocking. hope for the best but expect the worse. we have no idea who is in our country right now and there millions of people and the fact these individuals happen to be caught, were very lucky for that but this is what keeps fbi agents up at night. i m still in contact and they are drastically concerned because this is a customs issue into the united states but becomes an fbi issue attacked and when you think these countries allowing the individuals to come into our nation to give a heads up with iran, china and russia. where they just say, hey, here s a heads up? that s insane and these individuals are not vetted. trace: it s dangerous and you see these guys talk to them as they come across and we don t know where they re coming from we don t know where they re coming from and it s scary. what comes from my border contacts the most the vetting is inadequate at the border. guys from iran, toshiko stan and syria and there s no database to match these guys even if they get fingerprinted, the only way they know about criminal history if they ve committed a crime in the united states. not sharing database records on syrian citizens so the u.s. still mask cash in release single adult men into the united states and we seen in san diego and the only country on the face of the planet that does this and it s remarkable. trace: most of those down here the cities have any kind of legal recourse against the state of california and sanctuary policies? this is a high-risk environment and it seems the city and states have zero recourse. if i was a professor and a law school class i would say having the fingers on her pulse and reality in real life i would say who will bring the case? san diego or los angeles or san francisco? naming a city that s irreparably harmed by this unmitigated on surveillance loose emigration which inevitably can lead to a percentage of criminals. find meet one city that will say we will go ahead and go after the biden administration and it s not right. trace: may be someone texas would. nicole and tom former acting ice director said the whole concept is built gnosis better than anybody but they pay extra money because they want to get in and get got away and does that keep you up at night? absolutely and these individuals coming to harm us are being funded and they don t need the benefits from the united states but all they care about is getting here and wreaking havoc we are at high interest levels and we must be alert and aware and the only that that will change is closing the border and this administration proven over and over it s not their priority and you need to remember that on november 5th. trace: why do these people want to disappear into the united states? thus a terrifying question. easier than ever to be caught and released most of them seek a border patrol knowing will be arrested and maybe get a free ticket to new york so why would you go off in the middle of nowhere to sneak into the united states and often times i have a criminal record or maybe something like these guys. trace: these guys made a lot of news. a sheriff in ohio. i m okay with it. i believe if you murder somebody the death penalty. if you molest children or her children, the death penalty. i think terrorism, death penalty sell drugs to someone who dies, death penalty. trace: talking about illegal immigration for the most part and does he have a point there and they say it s unrealistic. everyone has a choice to be proactive and preserve life or be reactive and do your best to repair. what the sheriff is saying is we are done repairing. let s be proactive as nicole parker talked about, the extensive investigations and let s not put in a situation where the only option is to repair families that have been destroyed. trace: great panel and thank you all. hunter biden found guilty and jury returned a verdict earlier today and begs the question will he go to prison? live in wilmington, delaware with more on this. good evening to you and i was in the courtroom and a tense scene as the guilty read three times with the sitting sun now a convicted felon. estimate video of hunter biden leaving a nearby hotel with members of his family just a few hours after that verdict was red and gave a hug to a member of his security detail thinking people after the verdict though clearly this verdict came quicker than they wanted. hunter biden jurors believe he knowingly lied when he said he wasn t addicted to drugs. hunter today after court said the following, i m more grateful for the love and support i experience this last week from my family and friends and community and i m disappointed by the outcome. of recovery is by the grace of god and blessed to experience that gift one day at a time. jurors only to liberated for three hours. before finding him guilty. fox news poker juror number 10 who said this case is not complicated. and no one is above the law so that did not play a factor and was not politically motivated. trace: special counsel prepared to enter a plea deal with hunter biden less than a year ago in delaware and he won and his case was about lying and breaking the law. ultimately this case was not just about addiction but about the illegal choices the defendant made while in the throes of addiction and it was these choices and the combination of guns and drugs that made his conduct. hunter could face up to 25 years but sentencing likely in october but with that the special council was ready for it in california to take hunter biden to trial on those tax crimes although that could end in a plea deal for right now september 5th and los angeles not far from where you are trace, hunter biden going to trial number 2. trace: david life for us in delaware. thank you. let s bring in cash, special council interviewed by choctaw had to say. there is not many countries in the world where the son or daughter of said country would get prosecuted in their judicial system. you have the president of the united states who is living embodiment of the rule of law even with respect to his only living son. trace: he embodies the role of law. what you think? look at the author of that statement he singularly got reversed on monumental cases and he is not receiving any special treatment. this was the one time the system of law had a chance to go through the two-tiered system of justice and adjust the conviction stage. the guilt and sentencing stage is the most important part of the process to complete the repair to the system of justice and we faces a stiff sentence. i handled dozens of these cases as a federal public defender and nine thousands wrought last year and the average sentence for this conviction is 63 months in federal prison? let s see how that shakes out in october. trace: that s my last question. will he go to prison? everyone arguing it s a victory for the justice system needs to go look at at the federal sentencing guidelines. in federal court, regarding sentences for all crimes the dictates of judges what recommended sentence is. every federal judge must review the mandatory guidelines and you must status by statutory obligations and there is a departure up or down. i represented individuals charged with this in every single one of them went to prison for multiple years so hunter biden, we will see. trace: thank you server. coming up anti-semitism on full display with one processor saying he wishes hitler was still here. in the nightcap , president joe biden says he will pardon his son but the question is will he? even if the california case goes against hunter and looking at real jail time, do you think a pardon is still in the mix? yes, no, and why. accent instagram instagram. we re coming right back. choosing a treatment for your chronic migraine - 15 or more headache days a month, each lasting 4 hours or more - can be overwhelming. so, ask your doctor about botox®. botox® prevents headaches in adults with chronic migraine before they even start. it s the #1 prescribed branded chronic migraine treatment. so far, more than 5 million botox® treatments have been given to over eight hundred and fifty thousand chronic migraine patients. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don t receive botox® if there s a skin infection. tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects. in a survey, 92% of current users said they wish they d talked to their doctor and started botox® sooner. so, ask your doctor if botox® is right for you. learn how abbvie could help you save on botox®. t mobile s 5g network connects a hundred thousand delta employees so they can make every customer feel like they ve arrived before they ve left the ground. this is how business goes further with t mobile for business. trace: breaking news. retired army captain declared the winner overcrowded republican field is a trust endorsement and the 11th hour, face off against the incumbent in november for a critical seat with the balance of power in the senate as we know very close and will keep her eyes on what s going on there in the silver state and bring you breaking news updates as they come into the show. in the meantime anti- israel protesters orchestrating a day of rage for gaza and new york city and the protesters were the ugliest of anti-semitic comments directly said to jewish people. ashley s live with more on this and good evening. those trying to mourn those met with this. [ indiscernable crosstalk ] [ indiscernable crosstalk ] according to the new york post, hateful vitriol spewed by an unidentified protester but not the only incident that caused an alarm as pro- palestinian reportedly waved a banner that said long live october 7th enchanted israel, go to hell. mayor had this to say. there was no room for hate and it doesn t matter if you go to a church or synagogue or a muslim house it s not who we are and what we stand for. trace: clashes broke out on ucla campus between police and pro- palestinian demonstrators that try to set up camp in the original cleared in early may and ucla officials say 27 people arrested late monday and six officers injured in those clashes. trace: live in new york thank you and let s bring in the star of netflix s skin decision pro- israel activist and founder of the ndg hatred movement the project ceo from goldstein and thank you from coming on. i want to play some video our correspondent walking through the music festival in the aftermath describing the horrific scenes in this if we had the sound up go through step-by-step and show how absolutely awful and horrific this was. now i want to cut to the sound of the protesters outside the exhibit in new york and watch. [ chanting ] [ chanting ] trace: do these people know what they are saying is there really that much hate? they absolutely do and they re showing up outside of a memorial for the victims of october the seventh enchanting they want to do it again and again and what was so scary is not only these were pro- hamas but the organization s funding these protests run off campus like american muslims for palestine in their leadership connected to hamas and some of the leaders in amp tied to money laundering to work for the hamas terrorist group and none of this would be possible without the constant media misrepresentation of what s happening in gaza that s normalizing this violence and dehumanizing the victims and humanizing the hamas terrorist group. trace: a very good point and i want to play this. he s talking about hitler. i wish hitler were still here. [ indiscernable crosstalk ] how do you answer that? he does not look like of the aryan race so hitler would ve taken him out. trace: as one of those things where you can t tell these people because they think they know it all and would not tell you what happened to women in palestine in these arab countries because they won t hear that. here s a protester confronting a rabbi a ucla. watch. go back to poland. where are you from? born in la. show your face? trace: going batch to the back to the college campuses and back to new york city and to cities across the country it will be a long summer and you will hear this all summer and people who are jewish will be victimized all summer long. i do think that is true but on the flipside i think the crazier the protesters get, the more patriotic i see our youth get in vocals american get and bring it all out into the light and nothing disinfects like sunlight. trace: here is one more protesters shouting down a vice chancellor at ucla. look. you have to say when ucla trying to negotiate with these people, maybe they made a mistake. it s amazing we re still attempting to negotiate with people who support terrorism and to sheila s point, these people are not progressive but regressive and claim to support human rights and yet they support a society is llama society that hangs gays and murders women and uses its own children as suicide bombers and this movement is orwellian and upside down and pushing their limits and testing the limits to see if a law enforcement what they will do and how much longer they will be on the streets. congress has to take this seriously and investigate what s happening in terms of funding and the have to defund these demonstrations and hold those who are committing crimes really accountable for what they re doing. trace: thank you bulls. coming up, remember the medical middle school student who said he was barred from giving a patriotic school election speech? major update to that story and it s not good for the 13-year-old. you need to hear what the school jested next. still ahead, kids day is made when a transit worker allows him to make a transit announcement and a pair of travelers bug out. the next viral videos next. approval decisions. in fact, if you ve had credit challenges and missed a payment along the way, you re more than five times more likely to get approved for the newday 100 va cash out loan. no one knows veterans like newday usa. choose advil liqui-gels for faster, stronger and longer-lasting relief than tylenol rapid release gels because advil targets pain at the source of inflammation. so for faster pain relief, advil the pain away. trace: an update to a story we brought you a few weeks ago that the california middle school student barred from delivering a patriotic school election speech now says he was expelled for violating the parishes christian code of conduct. let s bring in unified school district president and board certified medical doctor. thank you both for coming on. jimmy was running for commissioner of patriotism and spirit and wanted to have patriotism in his speech and the principal told him this. told me to remove everything regarding patriotism so i immediately knew no, i m not gonna do that because i knew that was wrong. trace: came on the show and said he would fight for his cause and the school wrote him a letter today, a saint bonaventure catholic school, this decision because they kicked him out of school as a result of serious violations of the christian code of conduct and the parent electronic communications policy. take the kid out of school because he disagreed with you? it s absolutely insane and truth is a christian code of conduct and he is a future leader. it s sad that having that bad of retaliation on someone and patriotism is the love of one countries or state and this is exactly what he is doing. i think he s taking a stance and a beautiful representation to adults who won t take the same stance. trace: it wasn t just him. they kicked out the rest of the family ate want to play this because this is fascinating. san francisco sideshows and it s interesting because you see these videos and it s a car on fire down the street spinning and a lot of young people involved and apparently injuries and police having a hard time and yet they go on because they don t have the resources and you can see they don t have the resources to stop them and it s dangerous. a nightly occurrence in san francisco and la and chaos and lawlessness because city leaders refused to prosecute anything and they re telling people to stand down otherwise when you look it s a major tourist hotspot and a place that has hundreds of thousands of people every day and probably should have a large police contingent and where are they? someone told them to stand down and people are getting hurt people getting struck by cars and ejected landing headfirst. this is a public health hazard and it s embarrassing making california as a whole and san francisco look like a lawless third world area and now are being made fun of. trace: it really is crazy. florida had a big hospice situation leak in fort myers the person holding hostages there was a sniper up there and i want to play this video and a little intense because the sniper takes a shot at the guy holding the hostages and watch how this plays out. what concerns do you have? trace: the sheriff got the guy to just talk and keep his head up and shot him through a computer screen and right through the head and save the hostages and no one knows what would ve happened because this guy was not in his right mind and it s one of those things where you wouldn t see this. it s sad and unfortunate but for florida cackles people get to go home to their families and a message sent here we have gavin newsom taking away a prop that s meant to protect us and a catch and release system that they re not allowing our own sheriffs to do their job and it s really unfortunate right now the lawfulness here sheriffs to music hero and i wish california would follow the lead and allow us to protect our citizens. trace: people can t do their jobs because they won t let them. issuing a fiery statement condemning child gender transition a coalition and conservative organizations calling on medical professionals to stop promoting transgender medical treatments for children. this is interesting and based on a large study done by the national service in the uk with single payer health system looking at evidence of harm and they didn t really see any evidence of benefit and found evidence of harm. i am a researcher and one of my jobs and i focus on medical safety and for anything done for children, an extra level of safety required so what happens when you do something irreversible like modifying their anatomy, that is not something you can go back later and regret so the child can t 100 percent know for sure that s what they want then you defer it and wait until they are in adults. trace: that s good advice. appreciate it. trace: first up and tonight s viral videos. attention all passengers in coach 257. maple is our next station. trace: nicely done. the dream came true when a transit worker in toronto made the announcement and the kid did not disappoint to make the announcement was a huge thrill because he often plays transit simulator games and take his routes very seriously. here is what not to do when staying in a hotel in thailand. open for a split second when their room was taken over by moths. in this horror movie like scenario, can be seen covering the entire room and a hotel employee came to sort out the situation with the headlamp and bat in the travelers moved to another room. if you have a viral video, share it. here we go. what helps officials continue to say president biden won t pardon his now convicted son but if he gets time in the slammer, if you think a have a change of heart? let them know we will read your responses coming up next in the custnightcap . and 5g solutions from t-mobile for business. t-mobile connects 100,000 delta airlines employees, powers tractor supply s stores nationwide with reliable 5g business internet, and partners with pga of america on game changing innovation. this is how business goes further with t-mobile for business. [sfx] water lapping. [sfx] water splashing. [sfx] ambient / laughing. trace: we are back with the nightcap . tonight s topic is pardon me. hunter biden convicted in delaware in the meantime facing nine counts of tech tax crimes in california. heavy ruled out a pardon? yes. trace: he keeps saying he will not pardon his son and maybe he won t need to but if hunter gets sentence, he go back on his word? my son is here in the studio tonight for the first time and in such a situation i would pardon him lost a child and a wife and another son to cancer. he s not the guy who would want to see his other son go off to prison and if i were him, i would pardon him. it s no question that he will pardon him no matter what. trace: he s reverse course on a lot of things so why would he not? if the trial happens in california, let s be real because criminals get away from everything here. or they plea bargain this think. i think he won t pardon him because it will be approving the laws the law because if he does, whole inconsistency think which we see a lot of. i agree 100 percent and i think he will lower the sentence whatever it is. trace: not me. pardoned all the way. he s out and that s the end of it. 94 percent. he will deny that he would not pardon him and he will at least lower his sentence which he never promised not to do. what father would not? he is not coherent enough but his handlers will. as a politician he will protect his secrets. absolutely because needs him to bring home the bacon. thank you for joining the nightcap and we will see you back here tomorrow night. look at that! the broccoli was fantastic. that broccoli! i think some of them were six, seven pounds. i am obsessed with olay s retinol body wash. with olay retinol body wash, 95% of women had visibly renewed skin. it makes my skin feel so smooth and moisturized. see the difference with olay. whether dad s vehicle is his prized possession or the family hauler. he needs to protect it. this father s day, give him the gift of weathertech. from laser-measured floorliners and cargo liner to keep his interior pristine. to seat protector to guard against stains and sunshade to block harmful uv rays. the cupfone perfectly secures his phone while driving. order these american made products or a gift card at wt.com. happy father s day! won t necessarily explode under donald trump. neil: we will see. thank you very much. da i m dannaa perino with judges jenny and,e richard fowler, jee watters and greg gutfeld 5:00 in new york city and this is the 5.
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