>> reporter: evening, trace. this is the second federal indictment for the former president out of jack smith's investigation. the 2024 gop candidate who leads the field by a wide margin has already pleaded not guilty to 37 counts related to his alleged retention of classified records from his presidency. only this time we're talking about four federal charges, including conspiracy to defraud the u.s. conspiracy to obstruct an official proceeding. obstruction and an attempt to obstruct an official proceeding. and conspiracy against right. notably resist allege the president knowingly made false claims about the election being stolen which, they claim, stoked the fires of january 6th. quote, these claims were false, and the defendant knew that they were false, but the defendant repeated and widely disseminated them anyway to make his knowingly false claims appear legitimate creating an intense national atmosphere of mistrust and anger and erode public faith in the administration of the election. however, the former president remains defiant tonight expressing what his campaign says is righteous indignation. quote, this is nothing more than the latest corrupt chapter in the continued pathetic attempt by the biden crime family and their weaponized department of justice to interfere with the 2024 presidential election. in which president trump is the undisputed front runner and leading by substantial margins. president trump is now due to report to court this thursday, august 3rd, right here in dc. should make for a business country news day, trace. >> trace: and we will cover it in full. kevin corke live for us in dc kevin thank you. let's bring in former deputy assistant attorney general tom dupree and this is jack smith's special council today and we'll get your reaction on the other side. >> since the attack on our capitol the department of justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. >> trace: problem is, tom dupree, that he's being charged with nothing to do with the capitol riot, right? they're talking about the riot, there's nothing in the indictment about that. what do you think about this? >> yeah, trace, that was one of the more surprising aspects of the indictment today. as you point out by the time you even see the first mention of the capitol riot you're well into the indictment on something like page 40 out of 45. it's interesting that the special counsel is really putting his focus almost exclusively on what happened in the days leading up to january 6th. and i think at the end of the day, so much of this is going to turn on whether the special counsel can actually prove beyond a reasonable doubt to the jury that donald trump knew he lost the election and that this whole thing was a fraudulent scheme. because if i'm in the trump camp i think your number one defense here is that, look, i was being told by my lawyers, my advisors, by people in the field that there was fraud out there, i genuinely believed it even if i'm wrong that doesn't make for a criminal violation. >> trace: the democrats think this is disinformation, right, so what they're saying is the indictment appears to be criminalizing political speech, protected speech. what do you think? >> yeah, trace, look, i'm no a positively gist for donald trump and i am quick to say there are cases like the mar-a-lago case where he has real criminal exposure. but this indictment screams to me as a set of facts that they really wanted to find a way to prosecute so they had to stretch the laws to the breaking point. obviously they did not charge him with the violence because they probably knew that was too far so they're using this combination of fraud obstruction and civil rights laws, none of which i believe would hold up on appeal to the supreme court. it seems like they're pushing the laws to the breaking point and this one i'm just calling out like it's keeping the issue in the headlines. i don't think it survives in the long term. >> trace: jonathan turley made this point on special report, i think it's a fair one. watch. >> by the way, the other thing that is not in here is conspiracy for incitement. not in here is seditious conspiracy. those were the claims the democrats used in the impeachment and said that the evidence was absolutely clear. >> trace: sometimes things that are omitted, tom, are very telling in an indictment. >> that is for sure. i mean, to your point, so much of what was not in this indictment really speaks volumes. the other thing that surprised me today, trace, is that the special prosecutor seems very intent on pushing ahead with this case very expeditiously, much faster than the mar-a-lago case. seems like he wants to have a trial and possibly even a conviction and a jury verdict before the election. to me that is excessively ambitious. i don't see how they think they could prepare for this trial, allow president trump to formulate his defense, get it all before a jury all within the span of the next year or so. it seems very unlikely to me. we'll see how the judge treats it but seems like a stretch. >> trace: i wanted to show this sound bite because this is the attorney general merrick garland and he really didn't say much and take a lot of control and i will a get your final response this, joe. >> mr. smith and his team of experienced principled career agents and prosecutors have followed the facts and the law wherever they lead. any questions about this matter will have to be answered by the filings made in the courtroom. >> trace: bottom line like every other case we are not going to answer questions about this. my question is why not provide the exculpatory, president trump saying it's peaceful and patriotic. that stuff wasn't included. what do you think? >> trace, you know, i understand that the talking point from the white house is say this is independent and we have no comment. honestly i'd feel better if they had some comment. no matter how many times they say the special council is independent the fact is he reports to the attorney general and the attorney general reports to the president and any prosecutorial power derides from the branch. i would feel better if the president and attorney general took ownership and said you know what we're bringing charges because we believe in those charges but this artificial holding at arm's lengths makes me feel like they're not willing to defend the charges on their merits and they want someone else to do it as long as it's not them. >> trace: lot of legal minds on both sides had that very same thought, joseph moreno, tom dupree, thank you both. >> thanks. >> trace: for context on the time line on how in the world any of this gets done before the election let's bring in the president of article three project mike davis, mike great to see you as always, good time to have you on. one more sound bite from special prosecutor jack smith. watch. >> our investigation of other individuals continues. in this case, my office will seek a speedy trial so that our evidence can be tested in court and judged by a jury of citizens. >> trace: speedy trial, mike, but get in line because you've got a list of these things. how in the world -- he's got a pending case already against the former president trump. how in the world do you get these trials in before the election? which, by the way, is 15 months away. >> yeah, they waited 31 months to bring these charges, timed perfectly to try to cover up hunter biden and joe biden's clear foreign corruption. the fact that the president of the united states is compromised. we have alvin bragg's indictment for the non-crime of a businessman settling a nuisance claim that has to go to trial. jack smith's indictment of a former president, a non-crime of a former president having his presidential records which is allowed by the presidential records act. they won't be able to get this trial done before the election. >> trace: what about trump's team? do they have a way to slow this down? do they have due process rights where they say whoa, whoa, whoa, we need time to get our ducks in a row? >> well, there are very legitimate concerns that trump has. he's been charged with four felonies. they named seven alleged co-conspirators across five different states. they have dozens of potential witnesses. president trump has the right to get discovery from all of these potential witnesses, and to fully defend himself and that's going to take more than six months or whatever jack smith thinks he's going to do to jam this before the presidential election. >> trace: is there prioritization going on, jack smith says i want this, something coming out of georgia, is there a way the courts can prioritize this or is it first come first serve. >> good question because this is clearly democrat law fair against president trump to that him out as a presidential candidate because they don't think they can beat him in 2024. they don't want to move quickly on mar-a-lago case because you'll have a fair judge and fair jury. in the dc case you have a jury pool that's 95% trump deranged and obama appointed judge who's shown in the past she won't be fair. >> trace: i just want to know your take before i leave you mike. what's your big take away on these charges today? >> this is the most laughable of all the charges. they are trying to indict someone for objecting to a presidential election. it's only illegal to object to presidential elections in third world marxist hell holes. democrats objected in 1968, 2000, 2004, and 2016 and they didn't get charged with felonies like jack smith is pursuing today. >> trace: mike davis we appreciate your time as always. thank you, sir. >> thank you. >> trace: meantime, the gop presidential candidates are also weighing in on the latest trump charges. bill melugin is live with that reaction. bill, good evening. >> reporter: trace, good evening to you. reaction pouring in already to this latest trump indictment including from those who are running for president against donald trump in 2024. his former running mate and vice-president mike pence releasing a statements very critical of trump saying today's indictment serves as an important reminder anyone who puts himself over the contusion should never be president of the united states. on january 6th, the former president trump demanded that i choose between him and the constitution. i chose the constitution, and i always will. 2024 gop candidate vivek ramaswamy took a much different approach heavily criticizing the biden administration and the justice department. >> this sets an awful precedent in our country. they're going full banana republic, full third world on this. general rule of thumb is if you're going to try to indict a political opponent and a former president in the middle of an election, it better darn well not be based on an unprecedented, untested, flimsy legal theory. >> reporter: and florida governor ron desantis, a frequent target of trump criticism, tweeted that if he's elected, he would fire the fbi director and end the weaponization of the government writing in part, quote, i have not read the indictment. i do, though, believe we need to enact reform so that americans have the right to remove cases from washington, dc to their home districts. washington, dc is a swamp, and it's unfair to have to stand trial before a jury that is reflective of the swamp mentality. in south carolina senator and gop presidential candidate tim scott releasing a statement today saying he's concerned about the weaponization of biden's department of justice which he says hunts republicans while protecting democrats. trace. >> trace: bill back to you as breaking news later. thank you. let's bring in fox news contributor leslie marshall and former senior advisor to the committee garrett ventry. thank you both. garrett to you ben dom witch made a fair point when he was saying the whole idea of criminalizing political speech is kind of amazing. he said what's next, do we indict people saying al governor won in 2000, hillary clinton for saying donald trump's not a legitimate president? what's happening? where is this going politically? >> that's exactly the precedent that jack smith wants to set here, right, going after free speech, political speech, that's protected clearly under the first amendment that president trump had every legal right to bring up under the constitution and the first amendment like we just said here. the second part of this is what you just brought up, trace. you would have to go back, al governor rejected the results of the 2000 election. barbara box or senator of california in 2005 rejected those in 2016. a number in congress rejected those results. you would have to send everybody to jail. the second is the timing which is interesting. the first indictment which mike davis brought up the document case, 24 hours before that we learned joe biden was allegedly involved in a bribery scheme from an fbi informant who's seemed to be credible here with comer and grassley has said and the second indictment which comes today, we learned just yesterday that devon archer, a business partner and long-time associate and friend of hunter biden, is alleging that, as a firsthand witness, joe biden, you know, essentially was the sell from hunter biden to these foreign business associates and was put on speaker phone over 20 times. and so, again, i think all this is coming out in a very interesting time here. >> trace: sure you're not the first to note that. congressman mike johnson tweeted no surprise at all following devon archer's damning testimony yesterday the doj drops more charges against donald trump. their efforts of distraction can never change the real problem. president biden is in serious trouble. and like he's pointing out leslie, it's not just this time, it's happened a couple times. there's a pattern here of releasing this information indicting the president at key times which maybe it's nothing but it looks kind of interesting. >> i would agree the timing looks interesting. i would also have to say you have to read the entire transcript of archer's testimony which he clearly repeats over and over, joe biden did not discuss business in those conversations. >> we haven't read the transcripts yet. >> it was like hunter was mid dad is the vice-president let me call him on the phone and he'll say hi to you that's very different. >> trace: wouldn't we need the transcript to be released first. >> all portions of the transcript thus far we have seen through not just journalists and congressional members on both sides of the aisle and they've quoted them what we have seen so far i would like to have that in its entirety. i am not a big fan of the former president but i would say this actually looks worse for the six co-conspirators the latest indictment. and the reason for that is, with the exception of former vice-president mike pence saying he was pressured, which i'm really not sure the first amendment, that's a gray area would cover, you can have free speech but you can't pressure me to do something illegal which overturning an election is unconstitutional but we think the six co-conspirators are they have the finger pointed to them more so than donald trump trying to take action. >> trace: i want to put this poll up, new york times sienna poll head to head, it is a dead heat, dead heat if you look at the stakes in the delegate breakdown bad news for joe biden, trump gaining in points but hemorrhaging money garrett because he has to fight all these legal fees. >> well, yeah, i think that's why again the timing of these indictments are so interesting. they could have did this 2.5 years ago. you have to remember this is joe biden's doj attorney general hand picked special prosecutor trying to put joe biden's political opponent in jail here. this poll head to head here is very interesting here. it's showing in this poll not only is it 43/43 biden trump dead locked but in this poll 39% of voters only approving of joe biden's presidency that is abysmal number and 63% saying it's going in the wrong direction. last thing i'll say is if you dig into the poll and look at the results, donald trump, there's really good news that he's gaining steam with african american voters and hispanic voters, key voting blocks obviously that will decide the 2024 election. so again head to head here this is really good news for president trump as we continue to see joe biden slip in the polls and again the state of the economy and those things are not a good look for him. >> reporter: what about you leslie are you surprised he's gaining snobol nobody's surprised he's gaining team but to this point it was always like, if we get him into the general election we're in great shape but now not so much. >> look, if my party and the doj were completely politically motivated they wouldn't have any indictments because every time there's an indictment his poll numbers go up and he gets more support and that i'm the victim looks to ring true especially people with his base or might jump over and become part of his base. that number i'm looking at 43/43 i'm not worried i'm not surprised and if you look at the last few elections that's where we're at as a nation. we're very much a split nation. it comes down to about five states and independent voters that are going on determine, as they have the last two general elections who's going to be president and who isn't. lastly i would say for the approval rating of joe biden do i like that number as a democrat? no, however that was like the number when we went into the midterms and again, you know, joe biden, as a sitting president, fared very well with the few number of house seats that were lost by democrats democrats and keeping control or gaining control of the senate. >> trace: bad number for approval rating though. >> long way to go. >> trace: thank you very much >> a new law in illinois allows non-citizens to become police officers. and a few other states are also considering the very same thing. common sense, carl demaio both next >> and later in the nightcap, what if your partner threw you a surprise wedding for the two of you. it actually happened by the way where the would-be groom invited the would-be family and friends, would you say i do or something that rhymes with with i do. let me no on trace gallagher. so far the comments are very funny we would love to hear yours in the nightcap. 8:20 in the west coast, fox news at night trip across america, first a live look at catalina island and beautiful avalon bay just 29 miles from the coast of la. now a live look at the new orleans skyline in the big easy with the chardonnay are still going strong. and finally a live look at wildwood, new jersey, and a very crowded boardwalk. if you can't join us live set your dvr and watch us anytime. the sooner the better. ♪ just between us, you know what's better than mopping? anything! ugh. well, i switched to swiffer wetjet, and it's awesome. it's an all-in-one, that absorbs dirt and grime deep inside. and it helps prevent streaks and haze. wetjet is so worth it. love it, or your money back. - [speaker] at first, just leaving the house was hard. - [speaker] but wounded warrior project helps you realize it's possible to get out there - [speaker] to feel sense of camaraderie again. - [speaker] to find the tools to live life better. - [narrator] through generous community support, we've connected warriors and their families with no cost physical and mental health services, legislative advocacy, career assistance, and life skill training for 20 years, and we are just getting started. - wounded warrior project has been with me every step of my journey. - they've helped me realize it's possible to rise to the top again. - it's possible to get the help i need for me and my family. - it's 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(gentle music) ♪ >> trace: the illinois democratic governor signed off on a law to allow non-citizens to become officers. republican and prominent police unions condemning the bill which goes into effect january 1st. marianne rafferty live with the latest that. good evening. >> reporter: that's right trace next year some eligible non-citizens will be allowed to serve as police officers in illinois according to a bill governor jb press kerr signed and it's ruffling some feathers. >> that's saying to me is that person that comes in, non-citizen, become a police officer, have a right to arrest a citizen in his own country. that is totally wrong. i don't know what this governor thinks he's doing. >> reporter: the reaction has been mixed while the fraternal order of police condemned the bill the chicago police union head says it's not as radical and people think. republican lawmakers are the most vocal against it. mary miller tweeted in part, no sane state would allow foreign nationals to arrest their citizens. this is madness. pritzker meanwhile saying the right is twisting the narrative. he pointed to the fact that only people who can legally work in the united states and own a firearm are actually eligible to become officers, which is not much different than current us military policies. >> uned immigrants are not allowed to become police officers in the state of illinois still. what we have allowed is legal permanent residents and daca recipients now to become police officers. >> reporter: and notably the state's biggest city chicago has experienced a spike in violent crimes in recent years and is in desperate need of more police officers. trace. >> trace: maryanne, thank you. ♪ >> trace: meantime the fox news at night common sense department is fascinated by these newly released numbers dealing with, quote, net negative tax income migration, a fancy phrase for states with a big outflow of high income earners and, therefore, a big outflow of dollars. common sense is not surprised to learn the state losing the most money is california, which, in 2021, lost nearly $350 million. that's bad news for a state with a $32 billion deficit. and that does not take into account the domino effect, meaning high income people usually have a high impact on residential and commercial real estate. and, of course, the study points out the biggest reason high income earners leave is because of high income taxes. california has the highest income taxes followed by new york, which reminds common sense, new york just happens to be the number two state for outflow migration losing $299 million. and the winner of these outflow sweepstakes is, yep, florida which in 2021 gained a lot of new residents and gained $12 billion in new revenue. a big number for a state with no income tax. common sense is convinced that when you rely almost solely on high income earners to pay the bills, like california, it's akin to drawing an inside straight where even if you occasionally win, it's a bad bet. let's bring in reformed california chairman carl demaio, carl great to have you on as always, i guess if you have 1% of the population paying half the taxes you tend to get yourself in a bit of a pickle sometimes. >> yeah when i tell people in california we are so dependent on that one percent where it's 50% sometimes even two-thirds of our revenue, income tax revenues coming from that 1% they're astonished. what that study also shows is that while we're seeing wealthy residents flee california and new york, guess who's replacing them? poor residents. which means at the time that you're losing tax increment you're seeing a surge on demand on well fair programs and public assistance. this is the perfect storm in california and they don't seem to be waking up in sacramento they're killing the goose that laid the golden egg. >> trace: always we need to raise taxes more. deadline day, about 18 months you haven't had a lot of renters in los angeles paying their rent. la renters may face e vehicles as covid back rent deadline approaches. many renters say they don't have the ability to pay thousands of dollars in the next 24 hours and they are starting to worry about being evicted. lapped lourdes claim they have been waiting for the money 18 months and can't wait much longer. you feel bad for people who may be evicted but living rent free 18 months and the people who have to pay the mortgages don't have the ability. >> it's worse than 18 months if you look at who's being affected today, august 1st is the first milestone. these are people who haven't been paying rent in some cases since march of 2020. we're talking 3.5 years. and so in february of 2024, that's where people not paying rent from october 2021 forward will then have to catch up. look, how much money did we give out during covid? all these checks were flying all around, trillions of dollars, all this bailout money. and even the unemployment rate continues to be pretty decent. so anyone can get a job. we have businesses asking people to come and take jobs. so who has the excuse for why they can't pay rent? the reality is is that when the politicians tell people they don't have to pay rent that's when they decide not to send the check in. and so who's really to blame? i would argue it's the politicians that enabled bad behavior for the past 3.5 years hurting both sides, both the renters as well as the landlords. >> trace: gavin newsome thinks he did such a fantastic job during covid, the school shutdowns and the masks and the like he's starting a new plan, smarter plan, and smarter starts with shots, masks, awareness, readiness education, because california they just killed it during the pandemic. >> if you read the actual press release and all the documents associated with this, it's exactly what you just described. california is bragging about how well they did during the pandemic. let's remember, their schools were closed longer than any other state. their students have had the largest drop-off in academic achievement. and when you take a look at all the other effects the pandemic has had, the homeless crisis tdrug crisis, mental health crisis all were exacerbated because he did a poor job as governor. this is like some guy who failed and wants the gold star. he wants the participation trophy and is awarding it to himself. nobody should bench mark against california. it wasn't smarter, it was a real lousy outcome. >> trace: i love the tag line we can use this program not just for covid and pandemics we can use it for anything. just put a mask on. that's the whole thing. thanks so much >> coming up we check back in with kevin corke for the latest reaction about the new federal charges against president trump. but first the nation's state troopers battle for best cruiser, florida with extra help and the rescue in the nick of time on the waters of michigan the day's best viral videos are next. mara, are you sure you don't want -to go bowling with us tonight? 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why not give your wealth a second look? book your free meeting today at creativeplanning.com. creative planning -- a richer way to wealth. ♪ >> trace: continuing coverage now on the breaking news of former president trump being indicted for a third time. back now to the senior national correspondent kevin corke. kevin, what are we learning? >> reporter: evening trace. this is the second federal indictment of the former president nah has come out of the jack smith investigation. this time four federal charges, including conspiracy to defraud the us, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights. >> our investigation of other individuals continues. in this case, my office will seek a speedy trial so that our evidence can be tested in court and judged by a jury of citizens. >> reporter: jack smith there. meanwhile on capitol hill reaction to this latest indictment ranging from outrage to expectant. this from richard blumenthal no person is above the law and violations should be pursued no matter how powerful the person is, that according to the democrat from connecticut. meantime on twitter, jim jordan tweeted this, when you drain the swamp, the swamp fights back. president trump did nothing wrong. added marsha blackburn, the news of another indictment against president trump is no shock ahead of 2024. the left knows they can't beat trump amid biden's failures, so they're trying to take him out with criminal charges. biden's abusing two tiers of justice to target his greatest political opponent >> meanwhile over on truth social the former president wrote this, also, why are they putting out another fake indictment the day after the crooked joe biden scandal? one of the biggest in american history broke out in the halls of congress. a nation in decline >> as you well know, trace, it's going to be a very busy thursday because that is when the president is scheduled -- the former president is scheduled to appear in court here in dc. back to you. >> trace: again. we'll be there. kevin corke live for us in dc. kevin thank you >> also breaking today the alleged gilgo beach serial killer rex heuermann appeared in court for the first time since his arraignment and prosecutors will now begin turning over evidence to his attorneys after a 13-year investigation. in moments, legal analysis from prosecutor wendy patrick but first to bill melugin live on the key evidence on the case and bill so far the case pretty compelling. >> reporter: it is and he had a scowl on his face in court today as prosecutors were going after the mountains of evidence that they have against him. rex heuermann again in court today the suspected gilgo beach serial killer where prosecutors said they would hand over eight ter bites of data to his defense team by late september. now, as heuermann looked on in cuffs early fairly stone faced the whole time. the evidence against him includes 2500 pages of documents, crime scene photos, some of which as you can see right here have been obtained by the new york post showing the inside of heuermann's home where prosecutors believe at least one of the murders took place. there's also autopsy reports and more than 100 hours of video surveillance. heuermann's defense attorney spoke today. >> i'm not trying this case in the press. this case is a case that we're going to try in the courtroom. the press has convicted my client without seeing a sled of evidence so he doesn't stand a chance with the press. >> heuermann was arrest order july 13th in connection to the murders of sex workers amber lin costello, melissa bar to me and megan waterman whose bodies were found days apart on a stretch of gilgo beach back if 2010. heuermann allegedly lived a double life, a successful businessman and father to two kids by day and an alleged predator who terrorized and killed sex workers for his gratification by night. his wife has since filed for divorce trace. >> trace: bill thank you stand by if you will. bring in the author of why bad looks good prosecutor wendy patrick. great to have you on here. you go through the case there's a ton of evidence, the pizza slice that has dna that matched a mail hair, he was using burner phones and they have all this cell phone data that zones in on long island and zones in on his office in midtown manhattan. and then you have the gilgo murders where he was searching the theme, the gilgo murders on his computer more than 200 times. seems leak a lot, seems compelling. >> trace that's the tip of the iceberg. you talk about the 2500 pages turned over, even the prosecutor said that is just an example of what we have. that is just a slice of the pie. there's so much more than that. and what this really has shown over the course of those 13 years, you know, we say lady justice is blind, that community is not and they have been speaking, they have been assisting behind the scenes. remember it all came down not just to try angulation of cell phones and dna but to good old fashioned police reports and witness information, like the car that was outside the home, which was one of the items that broke the case. >> trace: yeah. it's interesting but as bill was saying earlier the defense attorney for rex heuermann saying, hey, hey, we've got a case, too, and you know what they're going to say, these were sex workers and that heuermann acknowledges he had sex with these women and that's how his dna got on them. simple as that. >> not as simple as that trace. 13 years worth of investigation, bodies buried within days of each over on the same beach. this was the perfect verb bee al action except they're not saying he was a nice giechlt his neighbors were i be intimidated. there's stuff coming out now that maybe he wasn't this mild mattered in manhattan. even his wife described herself as blind sided when she found out what was going on behind the scenes. this was a master mind and i think we learn more about that as the discovery process begins. >> trace: the da you talk about eight ter bites of information, the da saying we're still kind of going through this and prosecuting making sure we have our case it could take time for them to actually set their ducks in a row. >> they say they're not going to be able to give it to them until late september. eight ter bites is a lot of information. you go to buy a usb. >> can't hold that much. >> trace: i go back on this thing wendy you think the remains of 11 women were found on the south shore of long island in 2010, 2011. he's wanted for three, maybe four of these crimes. i wonder if this expands where he's actually wanted for killing more or maybe there are more killers. what do you make of the numbers not matching up? >> well, the da actually answered that question himself today. he said it's not about what i think it's about what i can prove and that's the burden we're held to as prosecutors, it's about what you can prove. however, he also said that investigation was continuing and that he was the main suspect, the defendant was the main suspect to the fourth. now, who knows how much more there is, but this is a great starting place in terms of bringing some closure to a community that really never let this grow cold. and i think that's what really helped crack the case is this never got to warming up a cold case, they kept this alive and they kept investing behind the scenes. >> trace: i have to go but ghost trial? plea? what do you think. >> i think it goes to trial given the defense that's been enumerated thus far this will be for the jury. >> trace: going to be fascinating to watch. wendy patrick, bill melugin, thank you both. >> thank you. >> trace: first up in tonight's viral videos, nasa launched a rocket full of supplies and equipment bound for the international space station this evening wallop's island virginia it was visible to the entire dc met positively tear area which is a rare sight for that part of the nation. >> they really wanted to amp it up and nothing says florida like alligators. we brought take mali out set her in front of the car had her open up her mouth a little bit walk a little if we could. >> trace: because nothing says florida like alligators the florida state troop, brought in help in the form of alligators for the annual best looking cruiser competition and they beat out every other state in the nation. the cruiser will now be featured on the cover of the american association of state troopers calendar. special thanks to tamali and her friends. sdpraing and dangerous phenomenon called fire world spinning columns of flame and work that happen when turbulent winds meet extreme heath. or the massive york fire in california and crossed into nevada. crews that witnessed the fire said flames were up to 20 feet high. big, tall. >> it's too late get off the boat. >> get off the boat. >> it's going to blow. you guys want to jump out right now. >> jump out right now. >> just in the nick of time a couple out on lake michigan urged the passengers of a burning boat to abandon ship just as the flames began to his and spew debris. they pulled the passengers safely onto their own boat, emergency crews attempted to put out the fires but the vessel eventually sunk. and if you have a viral video to share send it over at trace gallagher or fox news night on social media and up next, what if, what if your significant other surprised you with a wedding and you weren't even engaged? would you be happy? still time to weigh in on twitter and instagram at trace gallagher, the nightcap crew, some funny responses coming up next. >> and a live look at jacksonville florida. it's downtown, it's all lit up. the home of the jags, though they're at best a three or four place team this year, we'll be right back with the nightcap. mo? you should watch your spending honey. i'm saving with liberty mutual, mom. they customize your car insurance so 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demaio. tonight we're talking about surprise weddings. we've seen them before but usually the bride isn't the one getting surprised. a woman on reddit said she was mortified when she showed up at a surprise party that her partner actually planned as a surprise wedding for her. couple wasn't engaged. she was caught entirely off-guard. would you appreciate a surprise wedding like that, and would you do it if it happened to you? kevin corke. >> no, and no. [laughter]. >> man, you must be crazy. >> trace: right? >> what are people thinking? no. absolutely not. >> trace: would the relationship be over kevin or would the wedding wouldn't happen? the relationship's not necessarily done right? >> no, i don't think you throw the baby out with the bath water but i think there are smarter ways to go about your nuptials. >> trace: so funny wendy patrick your thoughts. >> i don't know if the relationship wouldn't be over. because if you're going to surprise somebody with one of the most momentous days of their lives they don't get the plan the menu or venn why you or of a shower, what's the next surprise going to be. i don't know whether i would want to take that chance after something like this occurred. and how did this not leak? can you imagine all the friends and family involved in this? nobody said a word. >> trace: that's an important fact because the whole concept was he invited all her friends, entire family. he told everybody except for her and when she opened the door she was like, oh, this is not what i wanted for my birthday. marianne rafferty your thoughts. >> i used to have nightmares before my wedding that i got to the church and forgot my dress. so, no, no way. this is too crazy. and you need the whole experience of planning the wedding. >> trace: and the preparation. you show up and you're in some random gown or dress and you walk in, you're thinking, are you kidding me? no, bill melugin. >> you don't even know if they're going to say yes. it's a worse idea, have you seen those rare videos where they propose on the sporting events and they're on the scrum bow ron and somebody actually says no, can we go talk really quickly. this is an even worse idea. >> trace: i would say no. we had once back in the day i used to be in the water ski shows at the park like sea world and someone came on the stage and proposed to the girl and she said oh, no. oh, no. in front of shamoo and everybody. >> this is a horrible story, there was no engagement, they weren't engaged and to just spring this on someone? you do that for a birthday party. you do that for a retirement party. you don't do it for for a wedding. >> exactly. >> trace: so the poll is would you appreciate a surprise wedding, twitter yes. bethany mandel on the show a bit get a restraining order, a woman with no sense of boundaries or respect. >> turn it into an engagement party and make him buy me a big rock the next day. >> cassie marie i would get married. i would appreciate the effort he would put in. it would definitely be be a surprise. >> be a surprise not one a lot of people would like. finally mary said i would turn around, walk out and question our relationship and how well he knows me. >> yeah. >> trace: and i think a lot of people share that guideline. thank you all bill and windy and marianne, carl and kevin for being on the nightcap. thank you all for watching america's late news. fox news at night. i'm trace gallagher los angeles, set your dvr. we'll see you back here tomorrow night. ♪ ♪ huh, huh, so did their dog roger. ♪ ♪ gain scent beads keep even the stinkiest stuff smelling fresh. when moderate to severe ulcerative colitis takes you off course. put it in check with rinvoq, a once-daily pill. when i wanted to see results fast, rinvoq delivered rapid symptom relief and helped leave bathroom urgency behind. check. when uc tried to slow me down... i got lasting, steroid-free remission with rinvoq. check. and when uc caused damage rinvoq came through by visibly repairing my colon lining. check. rapid symptom relief... lasting steroid-free remission... ...and the chance to visibly repair the colon lining. 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 cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least 1 heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. put uc in check and keep it there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save. up to 8 weeks of relief with cytopoint. that's a lot more fun time, right max? 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