ruth bader ginsburg unearthed. and races brand-new questions about mainstream media bias. a stunning statement by inter-reader katie couric who is now at meeting it happened and explaining why she wanted to protect the liberal icon. speaking to the details for us tonight. and eight years later, the boston marathon bomber plant at the supreme court. take a closer look as they hear arguments whether dzhokhar tsarnaev should face the death penalty. we began with double economic troubles for the president and for the country. what has corresponding kevin corke shows how the white house is trying to address soaring inflation and that supply chain crisis. >> good evening. great to be with you. to put the supply chain problems into just a bit of perspective, retailers are already warning consumers to get their holiday shopping wrapped up as soon as possible because they are actually concerned they won't have the goods to deliver in time for christmas. which is why the president announcements today about a framework to loosen that supply chain bottleneck was music for the ears of many american consumers and businesses. >> we have some good news. >> i was sort of like showing up late to a backyard barbecue. at least you brought more ice and something to drink. that was president biden today announcing that the ports of los angeles and long beach would begin operating 24 hours a day, seven days a week. better late than never pushed by the white house to clear supply chain disruptions that are threatening holiday shopping season plans. slowing the nation's economic recovery from the pandemic. the bottleneck impacting everything from holiday gifts and declarations the home furnishings to rice crispy treats. all facing major delivery delays as long as these ships stay anchored out at sea waiting to be unloaded. >> working with my team and the major union retailers and freight owners, the ports of los angeles, announced today that it's going to be operating 24 hours a day seven days a week. >> all the president hailed the agreement as a potential game changer he still could not resist taking a shot at the private sector, blaming them for causing weaknesses in the transportation supply chain in the first place. speak of these big private sector companies like ups, fedex, walmart, home depot, target, samsung, all agreed to work 24/7 to finally straighten out these pandemic shortages or at least try to. president biden should be thinking these great companies, not snarking at them. >> meanwhile more for road browse for american consumers as the labor department's consumer price index which measures a basket of goods and services as well as energy and food costs jumped a whopping 5.4% in september. when compared to the same time a year ago. of course as inflation rises, the buying power of the dollar falls, which is for folks on fixed incomes especially hard so it is obviously a great leap for many and social security payments will actually go up by nearly 6% in 2022. that is for the record the biggest jump in and some 39 years. this of course as inflation continues to surge. >> shannon: did you say rice crispy treats? >> even rice crispy treats. >> shannon: and being serious now. transportation secretary pete in the hot seat. a lot of it relates to what he is supposed to be doing. had a relatively quiet nine months in office so far. the first big crisis on his hands. we are told he did meet with some of these leaders discussing the supply chain breakdown. people are asking what has he been doing all this time all this has been adding up? what do you have? >> that is a fair criticism because we finally heard from him today but we hadn't and this has been going on for quite some time. he was on television as well. he told cnbc that the supply chain problems we're seeing right now can actually take years to fix. he also said as he pointed out met with leaders at the port of l.a. and long beach to discuss solutions about the problem and you may remember this. about a week ago, he also mentioned that it white house task force had been formed to examine the problem and of course he continues to extol the extol the virtues of a infrastructure deal would with it constantly to dollars. while he has long proposed possible future approaches he has made precious little headway in solving the current problem and that is left a lot of critics questioning his fitness for the job. however, take your the white house tell it, today's announcement come the agreement, it's a step in the right direction to solve a problem and we all hope that will be the case because this is possibly coming -- some could certainly argue -- days and billions of dollars to lead. >> shannon: a lot of people are impacted by these problems so we hope they find a solution. thank you very much. see you again in just a minute. so the white house and president biden has been focused on supply chain issues for months and now making this big move to address the joint phil niekro in crisis but also dealing with more plummeting poll numbers, inflation, and new hunter emails to talk about. bring into night's dream team. richard and t.w. shannon. welcome back. speak out thank you. >> shannon: good to have you gentlemen with us. let's talk about this. this is congresswoman talking about why there is trouble for the president and the things she said would help alleviate some of his problems. >> throw it back to you in the media. everybody wants to focus on the top line numbers. but we have been trying over and over again to say what is in the bill because it is overwhelmingly positive. >> shannon: is a popular once people know what is in it were is the reverse true? >> absolute reverse per the more people learn about this bill, the more people learn about president biden, the more they are rejecting this marxist ideology. the reality is this. america is facing a crisis after crisis whether the border crisis, the inflation crisis, or we are talking about the afghanistan crisis, it has been crisis after crisis and by the way, we were only nine months an end we continue to get allies and really the truth has been negated from this white house on every single subject but i think most people are most concerned about inflation is affecting their bottom line. a hundred $75 per month per family has been hit by this inflation that has been called directly by the bite in inflation or by the monetary policy of this administration. a discretion in the middle class, the people are responding to, and it's no surprise. >> shannon: was put up some of the everyday stuff. cost of food has been skyrocketing. bacon we keep hearing about. almost up 20%. meats, seafood, fish, fruits, vegetables, nonalcoholic drinks. but we saying is that people continue to say when you poll them and looking ahead to next year the economic issues are first on the list or concerns right now and we also see some more polling and some of it is from within cnn showing that independence may be souring on biden polling 20% of the say the new multitrillion dollar bills are going to help them. if they are ever passed. so what does the white house do with all the troubling data? >> i think there's a lot packed against the president in the moment. i got gas and the price was almost $4 per gallon so we do have an inflation problem. what we know very clearly is the federal reserve chairman, monetary problem blown is not what we have this inflation issue. the main reason we has this is because of a supply-chain issue which the biden administration is a little late than never but they are working to address it. it is worth pointing out that the in the build back better plan, one of the items we've seen not go down his prescription drugs. in this plan there is a proposal that would allow prescription drugs to go down considerably, especially for senior citizens which we talked about the top of the show are suffering because they are on a fixed income and the cost of things are going up. >> jump in here -- >> i didn't interrupt you. and so when we are talking about inflation, we are talking about what is happening at people's homes and they go to the pharmacy and prescription drug cost is way too high. >> shannon: it all adds up. tw. >> i love to listen to revisionists like richard who tried to spin this. they first told us there is no inflation at all, then they said inflation was only transitory, then they said by the way, it is just a slight inflation then we are told inflation is actually good for the economy. the reality is, this only two people in the world who have benefited from biden's economic policy. one is the taliban, the other is soto meyer. the only two people doing in this economy because they created the problem and i go back to what ronald reagan said before. the most -- i am from the government and i'm here to help. we don't need more government stimulus. we need people getting back to work and we need government to stop flooding the economy with money they can afford anyway. just continuing to pray. that is the problem when he can't deny that. >> shannon: you mentioned hunter. back in the headline so i want to get a chance to respond to this. joe and hunter shared bank accounts could make president target of fbi probe. they say emails were covered by dailymail.com from hunters abandon laptop queen hunter and eric swearingen -- shows he was working on joe's taxes discussing the father and son paying each other's household bills and evil stomach even fielding request -- senate papers to the university of delaware -- richard, there were those who are raising red flags and there could be potential serious ethical concerns here. hunter's name is back in the news. >> it indeed is and i think this is one way why we thankfully have joe biden because he has been clear that he wants to separate his justice department from that of other justice departments of the investigation on hunter biden and still ongoing so it's one more information comes out instead of rushing to conclusions i think it's important there is an active investigation against hunter biden and that investigation will place way that with merrick garland, the federal formal judge leading that process which what transparency looks like if we want government to uphold the rules of law. >> shannon: sound like they're trying to stay hands off and let it proceed. >> if we want to uphold the rule of law we need to start at the border where we have hundreds of thousands of illegals coming at the border but the reality -- hunter biden is the greatest example of liberal provision the history of america and this is just another example. >> shannon: leave it there. we appreciate your time. have to leave it there and we will watch that investigation and have faith that we will be handled independently. and tw mention this, the border crisis fox news has of exclusively obtained leaked border patrol documents that show the biden administration has leaked more than 70,000 immigrants into the u.s. in the last two months alone. that includes granting parole to nearly 32,000 migrants since august 6th. a move under federal law that is only to be granted for noncitizens on a case-by-case basis for urgent humanitarian reasons or significant public benefit. san francisco's approach to brazen broad daylight shoplifting prompting walgreens to close five additional stores in the city by the bay citing organized retail crime is the reason. correspondent matt has the story. >> across the country, seems like we are seeing so many of those viral videos showing mobs of criminals running out of stores with their hands full of stolen merchandise only to face little to no prosecution. america's crime crisis is now prompting walgreens to shut down five more stores in san francisco, a company spokesperson saint retail theft across our san francisco stores has had a huge increase in the past few months to five times are chain average. this comes as walgreens recently invested in higher security measures, 46 times the chain average. an american institution that's been around for more than 100 years and they are recently closed and other stores in san francisco over the past two years including one store that was losing $1,000 a day and goods. now next month, five more stores will close. the pharmacy chains as the shoplifting is to blame and the safety of its customers and employees. those employees are extracted not to stop people taking whatever they want. in the bay area of california, these hit stores in broad daylight carrying calculator is because under state law here in california, theft of less than $950 is a misdemeanor. consumer activists are pushing the to change that law, prop 47, are getting organized retail crime is crippling businesses like walgreens and a recent joint venture poll of 1600 registered voters in five bay area counties, 56% say they are likely to move out of the area in the next few years citing the cost of living, typically housing costs, and quality of life and some of the top reasons. that is a nine-point uptake and people considering a move since respondents were asked the same question in 2020 prepandemic survey. >> shannon: here on the east coast, people also dealing with rising crime waves. we hear a lot about it. a -- new york is having straight talk about they basically have had enough. >> talk to people in times square about the recent violent crimes in the area and the overall feeling about safety in new york city. >> liberals -- absolutely killing it. between the justice system, the diff on the police, it's a disgrace. it really is parent i make in the city were his. not any better. >> good to have my bag open -- i was born and raised here so i feel like the crime rate is definitely rising good nephew like it is dangerous out there. >> have a homeless shelter right up the block over here. just absolute decimated this whole area. people get pushed to the ground, knocked out, robberies, stabbings, shootings. >> and according to am i mike nypd data, overall crime rose by almost 3% this september compared to last but assault with a dangerous weapon surged by nearly 19% this past september in comparison to last year. so we will keep you updated and keep her eye on these statistics. >> shannon: thank you very much. supreme court justices are considering it's nigh about whether the convicted boston marathon bombers should pay the ultimate prize for his crime. >> i'm thankful there are still -- >> just days after the most recent running of the boston marathon, the supreme court tackled the death penalty sentence for dzhokhar tsarnaev convicted in the 2014 bombing of that race that killed three and injured hundreds. a jury recommended the death penalty which the trial court and posed by on appeal, the death penalty was vacated based on two issues the justices are now considering. first, they excluded specific question from the defense about media coverage vetting potential jurors? >> what stands out in your mind about all of that publicity? that seems like a totally appropriate question. >> but it was the second issue that occupied the vast majority of today's arguments. was evidence regarding a triple murder in which dzhokhar's older brother was a suspect wrong though mike wrongfully kept from the jury? the younger brothers legal team showed it was he was the mastermind who felt justified in carrying out the crime in the name of jihadi. and he held his younger brother in his way. coursing hand to help carry out bombing. he himself was killed during the policeman hunt following the manhunt. >> it's the job of the jury, isn't it, to decide on the reliability of the evidence? to decide whether it is strong or weak evidence that he in fact played a lead role in those other gruesome murders? >> in contrast to extended questioning by the three liberal justices, many of the conservative justices seems to lean in favor of the government's request to reinstate tsarnaev's death penalty. >> shannon: to address the elephant in the room, today the government argued to reinstate tsarnaev's death penalty although the attorney general announced a moratorium on the federal death penalty earlier this year so what does the -- replied essentially that it takes a long time to get to the conclusion in this case while the justice department is concluding its review of the federal death penalty we want to keep the option in this case in the meantime. the ruling by the court is due at the end of june. three adorable baby bears trying to hand make and william shatner breaks a new world record in today's best viral videos are next a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ these folks don't have time to go to the post office they use stamps.com all the services of the post office only cheaper get a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again. i'm searching for info on options trading, and look, it feels like i'm just wasting time. that's why td ameritrade designed a first-of-its-kind, personalized education center. oh. their award-winning content is tailored to fit your investing goals and interests. and it learns with you, so as you become smarter, so do its recommendations. so it's like my streaming service. well except now you're binge learning. see how you can become a smarter investor with a personalized education from td ameritrade. visit tdameritrade.com/learn ♪ ♪ ♪ >> shannon: being me up, pazo's. william shatner and the 90-year-old sector and "star trek" pioneered taking a ride on the rocket becoming the oldest person ever in space after he and three others spent 3 minutes about 63 miles above the earth. even after all those years above the starship enterprise it appears his enthusiasm for the exploring the heavens have not diminished. check out these -- these two goldendoodle decided to let their loose locks fly in the wind. that is a blow out nancy pelosi be blotto. time lapse footage showing the molten rock inside the volcano on hawaii's big island when if you watch closely you can see a rainbow appear over that lawfully. stunning images layer. andrew and footage out of new york capturing this mesmerizing moment in norm's school fish also known as a bunker fish. that's all fish. they are traveling together seeking warmer atlantic waters to the south. they will return north again during the spring and summer. and finally, three adorable baby bears trying to climb into a hand make. it's the cuteness vacationers in the smoky mountains captured one of the cubs managing to briefly get in and keep getting flipped out. the little guys quickly tipped out by another mischief maker. they tried and again and again. just too cute. if you have a video you want to share, hit us up on social media. this we are hearing some controversy oh 5-year-old comments from late supreme court justice ruth bader ginsburg for the first time because interviewer katie couric cut them from the original presentation of the interview back in 2016 in order to shield the liberal icon from backlash. fox news media host and host of news media buzz howard has the details. getting mean, howard. >> katie couric had plenty had plenty of time -- she was working for yahoo which posted half an hour online but the former cbs anchor and today show cohost deleted a key part because she wanted to protect the justice from backlash and that she was a big rbg fan. there is a fierce controversy then over colin kaepernick and other nfl players taking a need to protest national anthem. ginsburg said she found americans. >> i think it's dumb of them -- speak about what you are saying it is within their right to exercise. >> if they want to be stupid, there is no law -- >> but couric cut the lay justices more inflammatory remarks saying they were showing contempt for the government that made it possible for their parents and grandparents to live a decent life. the daily mail reports based on couric's forthcoming memoir that she acknowledges having lost a lot of sleep over the decision and felt that racial justice was a blind spot for ginsberg which is why her comment was controversy over the day after the sit down, the supreme court spokesperson emailed her to say that ginsberg had been spoken i did not understand the question. couric said she was conflicted but adopted that argument though the jurists and 83 scenes from the video seems to understand that just fine. she -- on the supreme court. people should hear what she thinks. katie couric said in the book she try to keep her personal politics out of her reporting but in this case she clearly did not. being a good friend of supreme court justice is hardly good reason to keep her own on camera words from the public. shannon. >> shannon: thank you very much. and by the way, so happy to have kevin corke back with us tonight. we have some important stuff to discuss. it is always food related. we are getting closer to halloween. this is about candy corn and i have found this is a very divisive topic. people love it or they hated. there is not any middle ground. >> right out of the gate i have date gets you with a little bit of trivia. did you know what candy corn was originally called? chicken feed to. >> shannon: really? >> i kid you not. chicken feed. and to this day to the americans and might as well taste like chicken feed to be honest. it is a major split down the middle. people either love it where they hated but the truth is it sells and it sells big. 9 billion kernels, more than 35 million pounds are produced annually according to the national confectioners association and actually eaten most of it right around halloween. how about some players? chocolate, cinnamon, grape, strawberry, nerds, sort of sour candy, turkey dinner which we tried it right here. gravy stuffing and -- mosaic, sweet potato pie a thing. but get this, not going to believe this. that is brought worst -- brought worst they sold out of it. brought worst of all i say is no, man. >> i'm going to take a hard pass on it. i hate candy corn and you know that. we did try that we are turkey dinner stuff. that might be a step too far for me. >> let us know what you think if you really want to try that type of candy corn and you can hit us up on social media. >> shannon: and if you have tried it let us know. i have cooked up some very frightening things for us to taste. >> i am afraid. to be what i can't wait. we have some fun stuff coming. not bad. kevin, thank you. >> good news a little bit later. i promise you will love this. >> shannon: i know i will. we will see you soon. as vaccine mandate deadlines loom for many employees and with workers already in short supply across the country, find out how employers are planning to deal with yet another complication for the country's labor shortage. some breaking news on that front. jason has some hot takes and he is live, next. i was unable to eat. it was very hard. kimberly came to clearchoice with a bunch of missing teeth, struggling with pain, with dental disease. clearchoice dental implants solved her dental issues. [ kimberly ] i feel so much better. i feel energized to go outside and play with my daughter. i can ate anything. like, i don't have to worry. clearchoice changed my life. ♪ i like it, i love it, i want some more of it♪ ♪i try so hard, i can't rise above it♪ ♪don't know what it is 'bout that little gal's lovin'♪ ♪but i like it, i love it♪ applebee's. now that's eatin' good in the neighborhood. for people who are a little intense about hydration. neutrogena® hydro boost lightweight. fragrance-free. 48 hour hydration. for that healthy skin glow. neutrogena®. for people with skin. >> shannon: breaking tonight. lawmakers in texas are following their governor's lead and considering a bill that would prohibit covid-19 vaccine mandates in that state. governor greg abbott issued an executive order monday initiating such a ban and asked lawmakers to pass a measure so it will become official legislatively. of particular note in the bill be considered his employees would be permitted to file lawsuits against their employers over these mandates. and -- treatment the state of oregon is lowering the bar for what qualifies applicants to become substitute teachers. wally has that story and the growing resistant to vaccine mandates. good evening, mollie. >> good evening. everything from the skies to the school. in oregon, schools were even substitute teachers are in short supply. inspiring the state commission and charge of teacher standards to temporarily drop the requirements that subs have a bachelor's degree. u.s. district judge and test dominic texas has temporarily stopped united airlines from placing unvaccinated employees on unpaid leave if they requested a medical or religious exemption regarding the covid vaccine mandate. united airlines media relations writing vaccine requirements work in nearly all of the united u.s. employees have chosen to get a shot. for a number of our employees who are approved for accommodations, we are working for options in place to reduce the risk of their health and safety including temporary job reassignments and masking protocols. american airlines and southwest airlines have also affirmed that they will comply with president biden's executive order requiring their employees to get vaccinated by december 8th. it is a bit of a snob dominic snob was barred covid vaccine mandates but the airlines supersedes the stay order. white house spokesperson jen psaki. >> we are going to continue to implement which the president of the ability of the authority, the legal authority to do. >> in california, the iconic coachella music festival is dialing back on their original plan to require proof of vaccination for ticket holders. citing transmission data, the festival will now allow for a negative covid test taken within 72 hours of the event planned for april. >> shannon: thank you so much. so another vaccine mandate battle brewing in washington with the city of seattle blake no mike bracing for a potential 37% reduction and their police workforce. check in with our pacific northwest insider for tonight's lightning round. will come back. >> thanks for having me. >> shannon: i think you have some news out there regarding seattle's fire department. what is going on? >> the fire department is in a very similar situation to where spd is. you had in october referred found out they had three fire engines and two medic units out of service because of a lack of staffing and i can tell you right now that 54 uniformed staff members of either the firefighters were ent and one civilian are on that list were set to be fired on monday unless they turn in their vaccine paperwork. that is the deadlines and on the spd side as you mentioned, there are significant concerns that we are going to be even more under policed then we are in this city. you have a -- that have filed for exemption that haven't gotten an answer. 215 edge that have not done anything else we don't know what their intent is. i can tell you having spoken to a lot of these officers many are vaccinated they are just not willing to turn in their paperwork. some of them are going to do at the very last minute. we are at a point where we we are to lose just the 100 exemption request -- if we lose those officers, we will be at the lowest point the city has seen an officer staffing since earlier than that '80s. we are already understaffed. it is not good. >> shannon: is there a plan? we are talking about -- as mollie reported there are different states and localities that are doing things like throwing out licensing requirements or training educational requirements. this seattle has a plan for this? >> this is the plan. they're going into stage three operation so everyone is going to be uniform ready. that means if they need to be put on a 911 call they have to drop what they're doing and respond. obviously it's emergency it's the same thing. with that mean as a detective who is artie overworked, already trying to solve some crimes will be taken off of that to go respond to a 911 call. as of right now, we don't have enough officers to respond to the 911 calls. so just think if we are down an extra 100 officers -- we've been down since last year we lost one-third of the department. this is not going to end well. it is going to be chaotic and i do think that if there is a mass firing on monday there is going to be criminals who are going to take advantage. >> shannon: i want to talk about something else that you've been reporting on. a school equity leader who is out now after some tiktok videos. she put them out there so it's not as if she was hiding some of what she was saying. she said you too can achieve the american dream if only you work hard enough to confirm to society's norms and by society i mean white supremacy. and if you send the and you reject all of you are not american culture, background, generational trauma, and just get over it so that you can again achieve the american dream which is white supremacy. what was her job and what happened? >> she was a lead on one of the committees within the school board's equity team. the tahoma school board, not tacoma, tahoma. and she was there trying to create an environment that is welcoming and safe for students and adults in the district. obviously if you hold these positions that are fairly clearly antiwhite you've seen more those videos you know there is a very vulgar video and there are several folder videos where she goes off calling everyone colonizers that you disagree with who happen to be white. this is not someone who truly believes in equity. her name is -- but it where it is more concerning a think is beyond just being on an equity team committee, which as he pointed out, she has been released from, she was also the campaign manager of a school board director candidates. so these are the people really know that are in charge of creating these equity policies. and of course they do it under the guise of nobility. they are noble heroes for pushing equality and equity. but that is not what they actually believe in. and this is not just happening in this one school district. i chose the story out of tahoma school district because it's a smaller community. to make the point that this is happening all over the country. and people don't really pay all that close attention to the equity teams that are being put together. people don't have no -- in the school board races, a lot of folks don't take deep dives into who is behind some of these candidates and that should be a wake-up call. spewing that should be and i think we've seen a lot of parents and last year and a half or so really start to begin and go to these meetings and find out what people are doing and what they're saying and transparency is what we should once for anybody who is spending time with her kids and directing their days and filling their minds. so we will keep following you as you keep digging the stories. good to see you. >> thanks. >> shannon: in kellogg's misleading you about its frosted strawberry pop tarts? woman says they are not nearly as fruit as you might think. she is suing and "food court"'s next. you are the jury. 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(naj) one that we don't take lightly. it's why our fees are structured so we do better when our clients do better. fisher investments is clearly different. was that your great-grandmother, keeping the family together? was that your grandfather, paving the way for change. did they brave mother nature... and walk away stronger? did they face the unknown, with resolve...and triumph. ♪♪ there's strength in every family story. learn more about yours. at ancestry. to run a growing business, is to be on a journey. and along the ride, you'll have many questions. challenges. and a few surprises. but wherever you are on your journey. your dell technologies advisor is here for you - with the right tech solutions. so you can stop at nothing for your customers. it's moving day. and while her friends are doing the heavy lifting, with the right tech solutions. jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the last two hours? ...delegating? oh, good one. move your xfinity services without breaking a sweat. xfinity makes moving easy. go online to transfer your services in about a minute. get started today. ♪ ♪ >> shannon: brooklyn nets player carrie irving speaking out for the first time since general manager determined he would no longer be able to play in games or practice with the team because of his decision not to get a covid-19 vaccine. irving speaking on instagram live for 20 minutes says he is sticking by his decision and "it is not about being anti-vax aware about being on one side or the other. it is about being true to what feels good for me. i'm still uncertain about a lot of things and that is okay. if i'm going to be demonized about having with questions and taking my time to make decision with my life, and that is just what it is." in night court tonight, the popular breakfast treat under fire for claims it is misleading consumers. strawberry pop tarts are at the center of a class action lawsuit arguing catalog deceived health-conscious consumers because it contains real strawberries but they argue those claims don't pass the straight face test in the lawsuit should not be taken seriously pizza let's take it home to you, the jury, with our along with criminal defense attorney and del brown. welcome back to both of you >> shannon: we start with exhibit a and start with you. this is the complaint. it says the product has the on usual name of frosted strawberry toaster products because it is feeling contains a relatively significant amount of nonstrawberry fruit ingredients including pears and apples. this claim has said i am not getting my servings of strawberries as i expected in this pastry. >> the guy that says they are getting strawberry pop tarts, the ones with the frosting and the sprinkles on it, for the strawberries are the same type of guy that says they read playboy for the articles. it is not health food, doesn't pretend to be. and by the way, i heard the articles are very good. not that i ever seen them. and i think what you said is right. it doesn't pass the straight face test. you get a pop tart because it taste great. a taste yummy, not because you think it is going to have your healthy strawberries and at. >> shannon: this is not there when i eat i go to work out. frosted trevor is probably among the best. exhibit b this was their most -- from that case. they said no reasonable consumer consumer -- and it strains it to say that it consumer would purchase this because they provide vitamin c, antioxidants, or other health related comic related benefits speak out when you look at a pop tart boxy look at the wording on the top and big and bold is has strawberry. but in tiny, tiny print, it also says pears and apples because it it is an additive to the flavoring and if that is the problem here that the average consumer is not going to look at that tiny wording on the side. and what if that consumer has an allergic reaction to pears and apples? what if they have a dietary restriction that could cause serious health issues? and so that is going to be the issue here and it is misleading. i'm not going to live. if they were advertised as pair pop tarts i would not purchase them. >> shannon: this is also from the complaint. consumers see the product which exclusively promote strawberries and in my store -- they're saying they use words like taste like or additives. they're going to purchase the defendants products believing it is higher-quality than it is and it's a bait and switch. >> i don't think it's a bait and switch at all. it taste like strawberries, it looks like strawberry, that is why you are buying it. if you buy pop tarts instead of the great value brand, it's probably because it tastes better and that's what the consumer wants and that is what they are going to get here. i think -- what are they going to do next? go after apple jacks because there aren't enough apples in it? it taste great. that's what the consumer wants. and that is what they bargained for pure that's what they got. >> shannon: exhibit d. this is from pop tarts.com. they say our classic pop tarts flavor sweet frosting decorated with rainbow sprinkles and strawberry flavored goodness, no wonder it's so popular. they say strawberry flavor there. is that enough to protect them against -- >> no. and that is because on the labeling and the ingredient strawberry poplars are my favorite -- i do know that repeat -- pears and apples in the pop tarts. and so because it is on the labeling and because it is in tiny print but also says strawberry pop tarts, at the end of the day, they are going to definitely have issues here. >> shannon: all right. i don't know -- i think the labels as pair and apples. but anyway. if you are looking for a frugal fiber and healthy goodness, this is not probably the treat for you. we will see if this lawsuit goes anywhere. thank you very much. >> thank you. >> shannon: and folks at home, let us know what you think and tell us your favorite flavor if you like pop tarts. and some good news before we say good night. two world war ii veterans live the dream as i took the skies once again as a project honoring veterans and seniors. made possible by a nonprofit group called dream flights. to go all of the honoring veterans and senior living communities. he said the flight brought back a lot of memories. he said it was like riding a bike. he understood all the instrument and was right back there. also 94-year-old was with him. we thank them both for their service and hope they enjoyed flying restored in the 4200 flights for these folks over the past ten years. >> that is awesome and this is too. going to take you to the sunflower state of kansas for this "good news good night." going to find a man by the name of scott. and to get this -- he rented a billboard on i-35 in mission kansas and she will be adopted on october 22nd. a woman driving back from delaware saw the billboard and decided that as the dog for me. so thank you. >> shannon: by the way, i have something that someone from kansas gave us to taste test on the show. you're going to love this. that is it. good night from washington. i'm shannon bream. ♪ ♪ ♪ ♪ >> tucker: good evening and welcome to "tucker carlson tonight." if you've been paying attention for the past few years, and if you're watching this show, we hope you are, there has likely been a moment when you realized that reality is not quite what you thought it was. a lot of the things you assumed were true in fact are not true. they are instead a mirage. they are a web of purpose-built myths designed to deceive rather than inform you. you can't really trust your ns

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