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it is 11:00 pm on the east coast, 8:00 here in los angeles and this is america's late news, fox news at night. and breaking tonight, five illegal immigrants now in police custody charged with kidnapping a 14-year-old girl, accused of taking her from her home in indiana and driving her across state lines. police believe they were headed to california. >> biden's first day in office was to remove every executive order trump had put in place to secure our border. as far as i'm concerned, the biden administration has her blood on their hands. >> jonathan: the family of the girl who was raped and murdered allegedly buying illegal immigrant, is speaking out, saying the biden administration shares the blame. we will discuss with a former los angeles county sheriff and moments. >> he absolutely cannot have a senior moment at this debate. that is what i heard from -- i was in wisconsin and michigan two weeks ago for a lot of focus groups. and what i heard from voters, democrat to support biden, they will be watching and they want to make sure that he is up to the task. >> jonathan: donald trump and joe biden are set to battle it out on the debate stage in less than a week from now. and some biden supporters say that even democrats could change their minds about the president if he gives a poor performance. we're learning more about how the candidates are prepping for the big rematch, including who was playing the part of their opponent. who do you think would make a good trump or biden? more on that and what you think in the nightcap. but first, we are live tonight with the latest on the kidnapping of that teenage girl in indiana and some of the other migrant crime stories that seem to be stacking up. good evening. >> that's right jonathan, good evening. all five men now in custody. they were living here illegally from honduras and mexico, their arrests come after police paying the 14-year-old indiana girls cell phone after she was reported missing from her home on monday. each faces a kidnapping and endangering charge with prosecutors alleging the men knowingly created a risk to the child by taking her from her home and transporting her across multiple states without her parents consent to meet an unknown adult male. and this kidnapping arrest happening on the heels of several high-profile crimes tied to illegal immigrants, including the tragic murder of a 12-year-old. police say was strangled to death by these two migrants from venezuela. one crossed the border illegally in april, the other in may and that one, according to sources, was released just weeks ago after he claimed that he feared for his life if scent back to his home country. and in maryland, more disturbing details released in the murder of a girl. the man appeared at a bail hearing today, accused of raping and beating to death the 37-year-old mother at a popular hiking trail. the 23-year-old suspect crossed our border illegally last year after allegedly murdering a young woman in his home country and according to ice, hernandez crossed into the u.s. three times in two months before entering again, undetected. >> as far as i'm concerned, the biden administration has her blood on their hands. >> reporter: meanwhile, the illegal ecuadorian charged with raping a 13-year-old girl in broad daylight in a new york city park also should not have been here. he crossed three years ago and in 2022, he was ordered removed by an immigration judge but no deportation followed. jonathan? >> jonathan: live with us, thank you. with us now, the former los angeles county sheriff and the author of why bad looks good, prosecutor wendy patrick, great to have you both here. sheriff, let me go to first, we talked about this over several years. crime, this kind of crime, you said to me before, people have to be aware of whom they are voting for. do you tie these types of crimes directly to policy? >> definitely you can tie things to policy. for one, you look at the state of law enforcement in the united states and it's under assault from all quarters. why? because it has been politicized. and people are getting an office by bashing law enforcement so you have recruitment dropping, you have massive vacancies across the border and all kinds of places. and now on top of that, you are throwing in 8 million new immigrants who we have not properly vetted or checked, we don't know who they are as we are seeing with these tragedies. and you are compounding a tragedy, it will not get any better until he closed down the border and have an actual physical border that we can separate. >> jonathan: wendy, i want to put up a part of an article. maria, was a democratic strategist said this. while it is true that several high-profile heinous crimes have been committed by recent migrants, those isolated examples form a misleading and distorted picture. numerous studies have shown that immigrants commit crimes at statistically significantly lower rates than us-born individuals. moreover, the nation's violent crime rate is at a 50 year low. are we wrong to focus on crimes committed by those who have crossed the border illegally? >> it is never wrong to focus on crime. from a threat assessment perspective, violence is not always predictable but it is preventable. will coming in through the southern border present stranger danger. we know that they are interviewed but they are not investigated. much like in the same way, if a community does not investigate its own crime, it deprives law enforcement of the intelligence necessary to predict and be able to prevent crime. these instances that you have just talked about, these could have been preventable because look at what we learned in retrospect. that the risk these people prevented. and they could have been looked at more carefully were those agents at the border who worked very hard, not overwhelmed and under stacked and lacking the resources necessary to do the kind of evidence gathering that could keep our communities safer >> jonathan: sheriff, on the question of the crime crisis generally across the country, what about this point that maria made in that article i just quoted? the nation's violent crime rate is at a 50 year low. if that is statistically true, i don't see it being reflected in the way people are thinking about violent crime. >> you always see that argument. and here in los angeles, comparisons in 1992 were so much better. but you look at the long-term trends, everything is going in the wrong direction, it is going up. so try to point to a time where it was much worse and somehow that's better but you have to realize what the population was back 50 years ago, what is the population today? you are generating a lot more victims of crime, a lot of crimes not being reported because people are giving up. prosecutors are not prosecuting. so you have a whole group of statistics that are not being properly captured because of the changing nature of crime and people's lack of faith in the criminal justice system. >> jonathan: and wendy, the sheriff has said before, as i mentioned, people need to be aware of whom they are voting for and the policies that come with that person. we talked about the da here and la and a lot of people blame him for the crime wave but they voted him in. they did not recall him. do we have to look at ourselves whenever we talk about crime? >> absolutely. and jonathan, the trend has been to not have enough law enforcement for the amount of crime in certain cities. and beautiful cities that have fallen from grace because of what used to be hubs of commerce and arts are now attractive to criminals because crime is not enforced. that will take centre stage, it already is taking centre stage and not only the debate for next week but the race in november. where the real jury will return a verdict based on what they are seeing. i would dare to say that has become a bipartisan passion. community safety. and it starts at the border because every city is a border city. >> jonathan: sheriff, real quickly you get back in the public arena? i know a lot of people miss you. >> we will find out pretty soon. [ laughter ] >> jonathan: please break that news here, sheriff. great to see you this evening and wendy, thank you so much. the florida judge overseeing donald trump's classified documents case heard arguments today about a potential dismissal of the charges against the former president with the defence charging that special counsel jack smith was unlawfully appointed. are senior national correspondent is live with the highlights from today's hearing, good evening kevin. >> evening, jonathan. the district judge wiz, as you point out, overseeing over president trump's classified documents case, absolutely grilled the special counsel jack smith's prosecutors today on just how closely the attorney general is overseeing their work. that despite a withering onslaught from the judge, prosecutors responded. by declining to divulge specific details about their relationship and truth be told, they seemed caught off guard by all of the questions. now the questioning came at the end of a five hour hearing, focused on a longshot effort by the former president to have the charges against him thrown out. >> it has been consistently rejected before. but these issues have never gone before this supreme court. and it is more significant than i think a lot of commentators are suggesting. >> reporter: trump contends that smith's appointment by mr garland as special counsel is unconstitutional and that smith lacked the legal authority to bring the case. and while other courts have swept aside similar challenges, court observers today said it was impossible to determine just which way that canon may be leaning based on her questioning at the hearing. john? >> jonathan: thank you very much. let's bring in our political analyst, along with a former press secretary and coin vp. did i get that right? >> not quite but answer to it all. >> jonathan: i apologize. let me give you the first question as a part of that apology. i want to focus on the debate, first of all, next week. that will obviously dominate all of our coverage next week, i think. how do you see it going? what are the hopes and fears for each candidate? >> well, i think the hopes and fears for democrats and for joe biden is that there candidate can show up and stand for 90 minutes and make some sort of sound argument about his policies. the problem there for him though, is that the policies are the problem. and i think even if he is able to really crack down and lock in and give a performance that is coherent, the problem is that they will see the truth that the policies are not working. i think for donald trump we have heard that he has really hunker down and focusing in on not only what joe biden has done or has not done from this country but what connell prompted when he was president and how he will make america great again. and i think democrats in the the mainstream media are trying really hard to throw every nook and cranny at him to try to put this debate and joe biden's favour and i think that is what donald trump needs to be very disciplined so that he does not fall into those traps. >> jonathan: how do you see it playing out thursday night? >> for people like me as an independent, it's not picking one side or the other and having a bias opinion, i'm interested in hearing what both candidates have to say, to be honest with you. all of the personal attacks aside, i think a lot of that will be removed. you do not have an audience so we will get a chance to hear what both candidates have to say with their responses, were both men have been president before. both of them can throw shots at each other about who did the best and who was not. but i think people want to hear what's going on so we are removing the audience which is important and it's the first time it has ever been this early within a presidential election which i think is important. have not had anything at all because no one ran against trump and no one ran against biden so i just want to see how this will all go down. but i think it will be entertaining, to be honest with you and i'm looking forward to that as well. >> trace: i think it will be entertaining for sure. cassidy, you expect it to be policy driven? for instance, we know that president biden will probably focus on policy. you expect mr trump to perhaps be more disciplined than he has been before, more policy focus this time around? >> let me put it to you this way. i think it is a good thing if president joe biden is focused on policy. i think president trump and his supporters would welcome that all night long. because the truth of the matter is that joe biden policies have not been good for the american people. but actually think joe biden is going to try to make this all about trump being in the courtroom and i hope he doesn't because as a point, it is not good for the american people, it's nobody came to see. they came to see true debate about policies, but also because i just don't think that the tactic is going to work. the american people see right through it. in fact, we see in fundraising numbers that it is backfiring. president trump has benefited greatly from this at the moment, at least in his piggy bank. so i do think that it should be a policy conversation, donald trump should welcome that because he obviously has a very good record to stand on. but i don't know that president biden will go for it. >> jonathan: the other huge story we are likely to get next week is the supreme court decision on weather president trump has immunity from prosecution. any predictions as to which way the justice will go? >> we don't know. we certainly cannot predict if they will stay true to the law. if i had to guess, i don't think it will be thrown out but again, just being independent and calling balls and strikes, i will say that trump's lawyers have definitely been lawyering. they got the georgia case on hold, they have been able to get the election interference case on hold and now, this case will be on hold. i think the main thing that will happen is politically, at the very least, this case will be postponed, which means that more than likely, there may not be any other trials before the election. so that is really what i think trump attorneys are probably -- certainly looking to get dismissed but i think the main thing is the main thing and that is making sure that there is not anything else happening before the election. >> jonathan: thank you so much for your preview of what will be a blockbuster week and politics next week, thank you both so much. now a new report from the real estate world tonight shows that the blue state exodus two gop led states that tend to offer lower taxes and fewer regulations, is still going strong. we are joined here live with those details tonight, good evening. >> good evening jonathan. the exodus of blue state residents as you mention, looking for a cheaper cost of living in red states is showing no signs of slowing down. a report out today from realtor.com showing the most common destinations are florida and texas. more than 19% of new yorkers looking to move out of that state are searching in florida and in california, 11% of people looking for out-of-state homes checked off the sunshine state is well with texas close behind at eight%. republican counties defined by the 2020 presidential vote gained nearly 4 million more people than they lost since then with counties that biden one losing close to that amount during that same time. even a swing states like pennsylvania, georgia, mr egan and wisconsin are seeing an influx of blue state transplants looking for lower taxes and cheaper housing. while majority democrats cities lost the most residents, for most it comes down to money and safety. >> the tax benefits, the economic benefits was the main driver and not being surrounded by homelessness, crime. >> reporter: many red state residents are worried about how their new neighbours may try to change the political landscape. plus last time i visited my home state a couldn't notice the bumper stickers that said don't california my taxes, a great welcome sign. >> as the red hot chili peppers would've said no one likes turning to states to california. joining us now is the policy centre attorney and the dean of the university school of public policy. great to have you here. julie, let me start with you. is this as simple as red state leaning voters and residents of california wanting to move to red states, is it that simple? >> i don't even know if it is read voters who are leaving. i think it is just normal, sign people who want to raise -- i'm not kidding! it's people who want to raise their children and a safe place that respects family values and parental rights. and all of their tax dollars are not being taken to give the homeless people and illegal immigrants. it is just not safe, it is not functional anymore in places like california. >> jonathan: would you agree this is not about politics, it is about dinner table issues like safety and security? >> i do think it is about policy though. it might not be about politics r so when we heard that guest being interviewed saying that it was about the cost of living but it was also quality-of-life issues like homelessness and crime. those are policy issues. and when you dig down deep into looking at who was actually leading the state, it is not the wealthy packet is the lower middle class and the middle class who are leaving the state because of these cost-of-living issues, because of the quality of schools that has been going down. and california has always seen itself as a middle-class paradise but that is really not what the numbers are showing us. >> jonathan: and i think one of the big issues here in california and certainly nm -- la, is the homelessness. we found with an audit, this is a headline from cbs, in audit found the california spent $24 billion on homelessness in five years and did not consistently track the outcomes, meeting where that $24 billion went. the mayor of la, $67 million -- a 67 million-dollar homeless program that only has 255 people so far. i mean, homelessness is a huge issue here and we spend all of this money and we really don't seem to be making any difference. if anything, displacement is all i see. >> my understanding is that in those five years were $24 billion were spent, i believe the homeless numbers went up by what, 34%? peter probably knows the answer. at what they are doing is throwing more money at the problem and they are not addressing the underlying issue, which is addiction and mental health. if you give someone a free house but don't require that they get mental health services or be sober, they are going to destroy the free house that you gave them an end up back on the street. >> jonathan: and talking of free houses, there is a new high-rise opening for homeless people to house the homeless in downtown la. it has got a gym, it has all sorts of facilities. here's the mayor talking about that. >> the amenities that are here, i know they will be talked about in a way that is not so positive. a gym? music? art? recreation? they are all the things that are needed to heal, that are all a part of mental health. >> jonathan: pete, i know a lot of hard-working residents of la who have homes but they would like to live in better homes and that is a darn good home. they are obviously angry when they see that kind of thing. >> we were just talking about all the californians who are leaving the state to go to other states because of quality-of-life. and here's a story in which california policymakers are directing hundreds of millions of dollars towards the homelessness. and the homeless issue here in the city of los angeles. it would be understandable if voters would understand who we are really trying to support here. it would be understandable if even some of these policies work. but as julia said, this is called a housing first approach, which many activists say that if you simply build housing for homeless people,, you solve that problem. but what we see over and over again is that unless you are applying a carrot on a stick policy where people have to go into drug treatment or mental health treatment, what you were going to see our buildings like this one that will be torn apart. we saw the same thing in new york with the hotel rooms. and obviously we have a chance of seeing that here as well. >> jonathan: great to have you both here, this is a conversation i fear we will be having for a long time to come, thank you both so much. coming up, is really forces pounding rafa as tensions between the u.s. and one of its greatest allies keep ratcheting up. aaron cohen is on deck to discuss. and later in the nightcap, the first presidential debate that perhaps many people didn't even think was going to happen, now less than a week away. and the candidates are prepping like crazy. we are hearing biden's personal lawyer is playing the part of donald trump, who would you want each candidate to use as a stand-in debater for the other? let us know on x. and instagram. we will read your responses in the nightcap, i cannot wait. 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(elevator doors opening) (inaudible sounds) i thought you were right behind me. only pay for what you need. ♪ liberty, liberty, liberty, ♪ ♪ liberty. ♪ why choose a sleep number smart bed? i need help with her snoring. sleep number does that. thank you. shop our lowest prices of the season with free home delivery when you add an adjustable base. sleep number smart beds starting at $999. learn more at sleepnumber.com >> jonathan: the israeli military is pushing ahead with its strikes in and around the southern gaza city of rafa. apparently hitting targets today right on the edge of a so-called safe zone for palestinians. dozens of casualties reported and there is still concern about getting humanitarian aid into gaza and questions about u.s. military aid to israel. kevin hauck is back life with that story tonight. hello again kevin. >> reporter: difficult time out there, obviously. is really forces pounding rafa and other areas across gaza. they also engaged in close quarter combat with hamas fighters. that is according to residents in the area. israel appears to be, according to observers, trying to complete their recapture of rafa. as tanks forced their way into the western and northern parts of the city. and rail is really strikes continue to force a new wave of displacement from the city, the united nations says it is israel's responsibility as an occupying power, restore public safety in order to enable the palestinian people to finally get some semblance of humanitarian aid. however,, that remains a herculean undertaking considering the conditions both in the air and on the ground. to say nothing of what is happening by see as well. we have airstrikes and lawlessness and of course a very battered usp. now the un has warned that a famine looms for the population of more than 2 million people after eight months of war. israel says the problem is international organizations simply have not taken steps to improve their distribution capacity. the un says their vehicles are being attacked by armed gangs. and to make matters even worse, international airdrops have largely stopped, though there has been a reopening of the maritime cora door. a very harrowing and deadly circumstance here. >> jonathan: for sure, thank you. let's bring in a veteran of the idf special operations counterterrorism unit. ehren, always good to have you here. it does appear that we are perhaps closer to the end of the rafa operation in terms of what israel wants to do, than the beginning. but still, there are hostages there, it is a terrible situation that everybody is dealing with still. >> yes, this is counterterrorism warfare. so what we have here collectively for the last eight months is what we call in hebrew , translating into a pressure cooker campaign. that pressure cooker campaign has forced all remnants of hamas into the final corner of gaza, which is where a lot of our hostages we believe are being held. we just saw the historic rescue of three of the hostages that israel's special, counterterrorism swat team pulled off, which is extremely difficult because it is in a foreign operating area. >> jonathan: do you believe on the hostages, that they are scattered in various locations around rafa? or are they being held in one main group? >> there was a lot of complicity with the civilian population who had infiltrated from gaza, over the fence and into the southern portion of israel and took a lot of hostages. so the intelligence has been a nightmare. but i will tell you this, israel's ability to get those three hostages last week was the result of israel's military pressure. pressure brings intelligence and intelligence is then actionable for special operations like hostage rescue. so without the military pressure that israel is still putting on hamas, as you see that in the b. role there, we don't get our people back. and in israel, we're dealing and negotiating but we are going to get them either way. >> jonathan: and this does not end from israel's point of view, until hamas is destroyed and those hostages are rescued. >> they have always been the first piece but the pig picture is how we quash hamas. >> jonathan: and part of that is having the weaponry to do it. which brings us to the debate that was going on, to put it politely this week, between the prime minister of israel and the white house. the prime minister said i think in his words, it was inconceivable to him that the administration, u.s. administration has been withholding weapons and ammunition to israel in which the white house replied no, we haven't. there was one shipment of those 5000-pound bombs that we put a pause on. that is it. who is telling the truth here? >> i think there is a bit of monkey business happening with the white house here. i think it is personal. the fact is that being the prime minister during this eight-month campaign is no different than back in 72 during the yom kippur war. there's a lot of eyeballs on benjamin. he's doing the best he can. the fact is that you have an entire population not being used as human shields, being used as sacrificial lambs. that puts a tremendous amount of eyeballs and the social media gets out and all of a sudden people think it is a genocide. we were at war right now and it is no different than the brits taking out the germans and the nazis after world war ii and after the holocaust. i think he is doing the best he can. i think biden is playing games right now and he has got an election coming up, he has a big debate coming up right now it will be interesting to see how that plays out. >> jonathan: certainly will be an issue in next thursday's debate as one would imagine. always great to have you here, thank you so much. in november of 2021, an accident at the u.s. navy red hill fuel storage facility in hawaii caused a leak that allowed 27,000 gallons of fuel to seep into the aqua. tonight the chief national security correspondent reports on the thousands of military families and civilians who still suffer health effects from that incident and where a major lawsuit against the navy stands right now. >> reporter: two and a half years ago, 90,000 people living near the military strategic fuel storage facility in honolulu look to find that the water they were drinking was contaminated with toxic jet fuel. >> the government knew it was contaminated and let them use it. >> reporter: kristyna bear is representing 2200 military families and civilians, suing the u.s. government for the water contamination and joint base pearl harbor region which this woman says major children sick, especially her daughter. >> she went from a happy-go-lucky 4-year-old little girl that went into full psychosis. >> reporter: the case against the government is named for hughes and her family. at the time of the leak, they say their newborn son was covered in red rashes and jacqueline's throat immediately began to burn. >> we feel betrayed by the institution that was supposed to be protecting us and have us refuse care, denied, gas lift and to this day, not have all of the appropriate care that we need for our daughter. >> reporter: aurora briggs is living in civilian housing at the time of the accident. >> the neurological has just been completely shot up. >> reporter: in march of 2022, the defence secretary ordered the red hill facility closed. those in the family say the navy still has not cleaned up the jet fuel still sticking to the pipes. >> the navy is continuing to turn a blind eye. so we know that water is not safe. >> reporter: the u.s. navy pushed back, quote, after the initial spill in november of 2021, the navy took immediate action to recover, flush the system and implemented a robust sampling program. the navy also disconnected the affected well and ensured all drinking water was provided from a different shaft. the u.s. navy told us it has taken 9000 samples to epa approved labs and found the water now made state and federal standards, adding that the hawaii department of health also confirmed no petroleum or jet fuel compounds were detected in drinking water samples collected at or near the navy base. jonathan? >> jonathan: jennifer griffin, thank you. coming up, members of president biden's own party sounding the alarm about what could happen if his debate performance is a flop. let's just say its not good. and still ahead, climate activists attempt to spray paint taylor swift jet in the uk. but she will just shake it off. and ohio officers conduct a mission impossible style rescue. see what we did there? to save a trapped kitten. today's best viral videos coming up next. is or crohn's disease... put it in check with rinvoq... a once-daily pill. when symptoms tried to take control, i got rapid relief and reduced fatigue with rinvoq. check! when flares kept trying to slow me down i got lasting steroid-free remission with rinvoq. check! and when my doctor saw damage, rinvoq helped visibly reduce damage of the intestinal lining. check! for both uc and crohn's: rapid symptom relief lasting steroid-free remission. and visibly reduced damage. check. check. and check! rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal, cancers, including lymphoma and skin, heart attack, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death. serious allergic reactions can occur. tell your doctor if you are or may become pregnant. put uc and crohn's in check ...and keep them there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save. ♪ rise up this morning, ♪ ♪ smiled with the rising sun ♪ discover our newest resort, sandals st. vincent and the grenadines now open. visit sandals.com or call 1-800-sandals call leaffilter today. and never clean out clogged gutters again. leaffilter's technology keeps debris out of your gutters for good. guaranteed. call 833.leaf.filter today, or visit leaffilter.com. >> the entire world will be watching. if you are a carbon-based life form you will be watching. if you have a functioning brainstem you will be watching. because if biden goes out there and messes up, it is game over. >> jonathan: wow. just six more days until that long-awaited debate between president biden and former president trump. and as you heard there, the president -- the pressure is building. with democrats clearly worried that a faltering performance by their president could magnify the questions about his age and what some see as his cognitive decline. let's bring in our washington examiner. and our media research centre contributing writer. gave, i think we will have a slightly different debate partly because the mics will be closed for whomever's turn it is not to speak so we presumably won't get what we saw here in 2020. let's watch this. >> vote and let your senators know how strong you feel. vote now. make sure you in fact let people know. i'm not going to answer the question. [ simultaneous talking ] [ simultaneous talking ] will you shut up man? >> jonathan: biliew shut up, man? gave, will benefit most from the theoretical idea that the mics will be closed if it is not your turn to speak? >> i would just say that i think this debate is going to be an opportunity for both of these candidates, and enough themselves, to have standalone moments. and i just want to go back to dan jones comments there. i think his comments are really demonstrative of the democratic party's fears, actually about this debate, which is that they are dealing here with a historically unpopular president who is constantly under fire on social media for clips that have been embarrassing the white house, the white house pushback really heavily on these. and so look, i think it will be very critical here. and it is going to be a major window into what we are going to see here. >> jonathan: yes. and we have seen before, even when you are not interrupting each other or perhaps especially when you are not interrupting each other, it is possible to make very good quips. we saw it with ronald reagan in the presidential debate, we saw with lloyd benson in the vice presidential debate, let's look at those two clips. >> i will not make age and issue of this campaign. i'm not going to exploit for political purposes, my opponents youth and inexperience. [ laughter ] >> i have as much experience in congress as jack kennedy did when he sought the presidency. >> i served with jack kennedy, i knew jack kennedy. jack kennedy was a friend of mine. senator, you are no jack kennedy. >> jonathan: stephanie, can trump and biden match reagan and benson? >> it will certainly be a different type of debate. and i think there are so many americans who want to see a civil debate and hear ideas from both sides catch especially those independents who are on the fence. and you are asking about who was the mic going to affect most where they turn it off when someone is speaking. most people suspect that would hurt trump but then there are also things that will hurt president biden like the fact that he will not have a prompter or notes. and as we have seen lately, things have not been going well for him in the public eye with -- which is been gaffe after gaffe where the white house had to come out and say that some of the videos we have seen life are fake. so millions of americans will be watching this debate in the white house cannot come out and say this was a cheap fake. people are watching it live and the expectations are high. and i do believe an side with dan jones that this is a make or break moment for team biden. a lot is on the line here and he has to prove himself, is his mental acuity there or not? >> jonathan: and gave, would you agree with van jones that this is the election? or given that this debate is so early, is there time for either of them to turn it around again if it goes really badly for them? >> of course,, this is not the election. i think a stephanie just said, i don't think it is a make or break moment, i think this is a very big moment and comes as joe biden is facing significant pushback from the progressive leaning of the democratic party over his support of israel in the israel-hamas war. and so, yeah,, i think it is very significant but no, i don't think it is a make or break moment. >> jonathan: stephanie, make or break? >> the reason i would say it is a make or break moment because biden is doing poorly in the polls. if you look at the latest polls khaki's neck and neck with trump, trump is ahead and swing states which are so important. and keep in mind, everything has been thrown at trump that you could possibly imagine. and we have biden who will try to call him a convicted felon and you look at the backlash there with the trump campaign raising millions and millions of dollars because of it. and so many people who were never outspoken on politics coming out to say they will support trump. and really, the democrats behind the scenes are talking about it, should there be a replacement for biden? we will see about that. but the reason it is happening so really is in case they need a plan b. >> jonathan: okay,, we shall see. and we will all be watching the debates. gave, stephanie, think you so much and you can see the debate of course right here on fox. martha and brett will be entering our coverage. [ ♪♪ ] >> jonathan: first up into night viral videos. climate activists in london have some bad blood with taylor swift. they attempted to spray paint or private jet while she is performing the uk leg of her arrows to work. it turns out the activists worked quite the masterminds they thought they were because swift's jet was not even in the lot they vandalized. the activists were arrested at the scene and it is unknown if they are already -- and it currently this a taylor swift song, fresh out of the slammer. who knew? was a mission impossible moment when ohio state highway patrol rescued a kitten that was stuck between two truck tires. when the driver notified officers of the stuck kitten, a major operation got underway to see how the cat could be rescued. after several fruitless attempts, officers ended up removing one of the tires to get the kitten out. now that is perfect. if you have a viral video to share, share it with us on social media. and coming up, if you were president biden, who would you want to stand in for donald trump while you prepare for this big debate? and vice versa. let us know on next and instagram. we will read your responses in the nightcap. i've seen some of them already t and they are good. stuck! stuck! just couldn't lower it enough. and high ldl-c meant a real risk of another attack. so i said, "let's ask our doctor about repatha." what can i say? listen to your heart. repatha plus a statin dramatically lowers ldl-c by 63%, and significantly drops the risk of having a heart attack. do not take repatha if you are allergic to it. repatha can cause serious allergic reactions. signs include trouble breathing or swallowing or swelling of the face. most common side effects include runny nose, sore throat, common cold symptoms, flu or flu-like symptoms, back pain, high blood sugar, and redness, pain, or bruising at the injection site. we won't let another heart attack set us back. and neither should you. listen to your heart. lower your ldl-c and your risk with repatha. talk to your doctor. sleep more deeply and wake up rejuvenated. purple mattresses exclusive gel flex grid draws away heat, relieves pressure and instantly adapts. sleep better. live purple. right now save up to $800 off mattress sets at purple. visit purple.com or a store near you today. the cockroach. resilient creatures. true miracles of evolution. where there is one, others aren't far behind. always scavenging for food, the cockroach... well that's horrifying. ortho home defense max indoor insect barrier. one application kills and prevents bugs for 365 days. not in my house you don't. nature is wild. your home doesn't have to be. what the biggest companies deliver is an exceptional customer experience. what makes it possible is unmatched connectivity 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. >> jonathan: we're back with the nightcap crew. tonight's topic, debate me if you can. where biden's president lawyer is blank a part of donald trump for the debate prep. bauer has previously said the strategy for being a trump stand it is to be cut quote, is personally insulting and unhinged as trump can be. so who should each of them use is there standing candidate? kevin, who do you choose for these two? >> i think if i were former president trump, i would just debate no one in my debate prep. practice your one-liners, keep it quick to keep it moving. >> jonathan: wendy? >> in front of the mere, in other words is what kevin is saying. donald trump should she was michael conlan to be able to practice patients under pressure and joe biden should choose chris christie to tell it like it is. >> jonathan: julie? >> ron desantis just so he can teach them both about policy. >> nice, aaron? >> i think biden should debate gordon ramsay. i think you can look at him and say that's an overcooked argument and i would like to see donald trump go head-to-head with judge judy. she will look at him and go dip it, it's enough. >> jonathan: excellent choices all around. we asked for what you think, we got some good responses. leo says trump's prep cannot have a standing debater, bozo the clown is not around anymore. rude! ran my from the texas chainsaw massacre says mr big would be perfect stand in for biden, gary busey for trump. cecil says trump could use a chimp and get a more intelligent debate than biden. cynthia a little more serious. death says hilary for biden, sam elliott for trump. and i say good night, on jonathan hunt in los angeles. you can catch me on the fox business network at 2:00 p.m. for now, though, here is "the five." ♪ ♪

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