east coast, 8:00 in los angeles and this is america s late news, fox news at night. breaking tonight, a middle school student running for commissioner of school spirit and patriotism was apparently told his speech could not have any reference to patriotism. we will have reaction. california lawmakers think the answer to skyrocketing retail theft is to put an employee at each self check out machine. kind of defeats the purpose. and a former new jersey gym owner arrested for staying open during covid just won a huge legal battle. but we begin with donald trump s fate now being in the hands of 12 anonymous new yorkers and after deliberating five hours and sending two cryptic notes, the jury was excused back the courtroom confused. nate foy is live outside the courthouse in new york with more on this. good evening. reporter: good evening trace. you mention the jury deliberated nearly five hours today and at the end of court they sent two notes. one has to do with revisiting tes
42 or 87. 42.2 to be compact, joe. well, i d round it out to 45 or 50 if i were you. anyway, so what message do you? i ll add john tester to it. what message do you and john tester have for democrats that will be running in 2020 in red states on how you can win and how you can get through a primary where people want you to go way too left and beat the republican in the federal election. how do you do it? let me say this, i would say this to the new congress coming in. a democrat controlled congress. look for the positive. look for ways you want to make things better. look for ways you can work with elected officials. president trump is a president. every red blooded american should want the president to do
little more than 13,000 votes. sir sten sin ma is trying to snatch it and make this a rare democratic pickup for today. now let s go on to missouri. this is big-time trump country. josh hauly, the republican challenge ser ahead, 54.8%. claire mccaskill is trailing in a big, big way, 42.2%. % of the vote in there. this could be a pickup for the republicans, as well. same goes for florida. look at how the tight this is. rick scott, the republican challenger is ahead though. 50.4%. the incumbent bill nelson is trying to go for a fourth term in the u.s. senate. he is trailing rick scott in this race in florida. 99% of the vote in. montana, let s look at this. this is another one of those states that is trump country. the democrat jon tester is the incumbent trying to keep it in democratic hands.
clock here to run out the clock. bret: all right. so let s say in the election coming up how does this play? you have two senators who said they support this fbi investigation. heidi heitkamp and joe manchin. trump won north dakota by 35.7%. west virginia by 42.2%. they are looking, obviously, at races maybe more heitcamp than manchin, how does this play not only with this delay but also for women who do look at dr. blasey ford who say i see someone who came up and told her story? are you asking me about women? bret: yeah. i don t think we are allowed to comment anymore. bret: i m going to ask you to, hold on. i think in the case of a woman, heidi heitkamp, i think if she looks at the numbers and is fair she will end up supporting, if nothing else comes out only thing that will come out is more craziness out of the woodwork, then she may well