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and this is america's late news, "fox news @ night". breaking tonight, brand-new video of a california retail store manager fighting back against a shoplifter and wait until you hear the accused shoplifter start saying the manager is the one breaking the law. that manager who was not about to give in is live onset with us in minutes. and president biden's border crisis now overwhelming our nation's schools, costing taxpayers a bunch of money, costing our kids their education. plus this... >> i feel very confident that this is going to be a hard-fought race but when the chips are down...

This was locker room banter, a private conversation that took place many years ago. Bill clinton has said far worse to me on the golf course, not even close. I apologize if anybody was offended. In a tweet concerning the audio, Hillary Clinton said this is horrific. We cannot allow this man to become president. Billy bush also released a statement, obviously im embarrassed and ashamed, thats no excuse. This happened 11 years ago, i was younger and less mature and acted foolishly in playing along. Im very sorry. Tomorrow is trumps meeting with paul ryan signing a bill to protect the rights of S...

>> harold: san francisco, chicago, l.a., new york, the challenges in these cities, and the mayor's, to your point, judge, have to do better. we need more police fear of all of the things we say, cashless avail, a better interdiction strategy at the border. i come at this slightly different. it may anger people a little bit. one of the reason, if the story is true, i don't believe it is not true that there sending stuff back, there is a demand-side over here and we've got to figure out, i have set on this show a few times, if you use drugs recreationally, you should understand that something co...

Reality the issue is that either we have a law that is applied universally to everyone. >> but it was applied universally. the national archives wanted stuff back, they reached out to these teams. two of the teams returned the documents, one of them did not. >> look again, i'm not the attorney, i should not be able to speak to this -- he can speak better than i will. i will say this, the notion that somehow, oh they asked for it back and we gave it back is not in itself absolving yourself of the underlying crime. so i'm just thinking that we have to have a broader conversation here about that....

Necessary for mr. pence. those two gentlemen simply consented to the search. and that's their right to do so. it is really important, by the way, whether or not anyone ever charged with a crime of mishandling classified documents, it is important for the government to get the stuff back, even inadvertently. you don't want it getting into the wrong hands and so both mr. pence and both -- sorry, mr. pence and mr. biden are both handling this in a thoughtful, responsible way. again, whether or not anyone is ultimately charged, we'll see. >> kelly o'donnell and chuck rosenberg, thank you for joini...