los angeles, and this is america's late news, "fox news @ night." breaking tonight, the supreme court has agreed to hear arguments about whether former president trump can claim presidential immunity. we will have legal analysis and ramifications in moments. but first, to the border crisis, quickly becoming a board or disaster. we now have numerous illegal immigrants being arrested for murder and rape, and the victims are children and young adults. team fox coverage, in athens, georgia, with community outrage following laken riley's murder. ashley strohmier, in new york city with the latest violent attack in the migrant shelter there, but first a matt finn, live with an update on the migrant crimes that just keep stacking up. matt, good evening. >> trace, we begin in louisiana where a honduran migrant is accused of raping a 14-year-old girl and repeatedly stabbing another man during a robbery. 19-year-old angel mattias castellano's was arrested earlier this month for robbing a man at knife point as the man got out of his car near the new orleans international airport. castellanos was on the loose for the rape of an underage girl. the police department says local law enforcement agencies around the country are hindered because illegal migrants often have a lack of data and fake ids. in maryland, and illegal salvadoran immigrant has been arrested in connection to the murder of a 2-year-old in langley park. 25-year-old has previously been arrested for theft twice last year and was released. he is now the fifth person arrested in connection to that toddler's killing. he is charged with first and second-degree murder in the shooting death of the 2-year-old boy. his mother was also shot, that she survived. >> he was the person i was holding onto to keep going with my life. >> and sitting in georgia, the mayor of athens held a press conference that was shut down by people in the audience after the mayor said the brutal murder of university of georgia students laken riley by an illegal venezuelan migrant is not tied to her alleged killer's illegal status. >> we are deeply sorry for this tragedy. the responsibility for this crime rests solely on the perpetrator. >> note, it rests on you, sir. >> that mayor also said today that data shows immigration and crime are not connected, trace. >> trace: we will have one of the athens residents on in moments. matt finn, thank you. meantime, in new york city, another violent incident at a migrant shelter is leading to calls for more security and even for revising the city's think you're a status. ashley strohmier's before tonight in new york city. good evening. >> the latest incident started when a 23-year-old migrant allegedly punched a security guard in the face while being housed at the randall's island facility. nypd officials said a second migrant also assaulted the guard and both are taken into custody. new york city mayor eric adams had this to say after the incident. listen. >> i cannot emphasize enough, you place a thousand people in one setting and tell them they can't work, all they can do is sit around all day, tempers flare. >> adams said the city is now planning to install metal detectors at that shelter. he also wants to pay the residents a visit. >> i want to take a trip over to randall's and have a conversation with the people who are there, and remind them that it's a privilege to be in this country, and it is unacceptable to disrespect uniformed personnel. >> keep in mind, this is the third violent incident to take place at the randall's island facility in just a matter of months, and it also comes as city leaders continue to call for changes to the sanctuary city law that would allow the city police department to notify i.c.e. when a migrant is arrested and not have to wait for them to be convicted of a crime. the change in the law could have impacted the status of migrants involved in that mob-stab beat down of those police officers in times square last month. according to reports, at least eight migrants have been charged so far, trace. >> trace: ashley strohmier live for us in new york, thank you. let's bring in karoline leavitt along with hudson institute senior fellow, national security analyst rebecca heinrichs. thank you both are coming on. we appreciate it. the former acting homeland security secretary chad wolf said the following. watch. >> i think most americans are starting to catch on that sanctuary cities actually don't provide sanctuary and make their communities safer. they make them more dangerous at the end of the day. >> trace: what is he saying, rebecca heinrichs connect basically, they don't work. we see evidence of that every single day. rebecca? >> no, they don't work. actually, we have seen these high-profile cases where these people who are here illegally, they were identified by i.c.e. in some cases, but the local law enforcement in various municipalities did not collaborate with i.c.e. and release these individuals who, by the way -- it is very irritating to normal americans whenever they hear that crime is not going up with illegal immigration when everything a person that crossed the american board illegally has already committed a crime. so these are criminals already, and then they are also committing these crimes, so one case of violent crime or property crime by somebody who is here illegally is too many. >> trace: it is too many. the georgia attorney general said the following, karoline, and i'll get your reaction. >> this is the perfect tragic storm of a failed immigration system, dangerous security city policies, and an environment where d.a.s won't enforce the law, such that law enforcement doesn't feel like it can do its job. >> trace: we hear that analogy, the perfect storm thing, karoline, again and again, especially in recent weeks. >> and just four years ago this perfect storm was not happening because we had a strong commander-in-chief and president trump who created the most secure border in american history. he ended catch and release of illegal migrants, he implemented remain in mexico. he actually forced mexico to put more troops on their border to deter illegal crossings at our southern border. he built nearly 500 miles of border wall when there was an 87% decrease in illegal crossings where the wall was built. jill biden was handed all of that, and he wiped it away with the swipe of a pen on day one of his administration. and now joe biden is claiming that he doesn't have the executive authority to shut down the border. that is a complete and utter live. he has the same authority he used a few years ago to open it. he's going to the border tomorrow. it's a last-minute attempt. the american public know that this migrant crime wave and are wide open border rests on the hands of joe biden, period. >> trace: he could use the same pen to reenact those policies tomorrow if you want to do. meantime, griff jenkins down at the border was talking to the border patrol chief about criminal migrants, and the chief said this. >> it is not just about migrants coming to flea conditions or coming to look for a better way of life. we had these individuals crossing, as well. among the groups that are giving themselves up, we are finding them. just imagine the got-aways and the people we are not seeing. >> trace: rebecca, you study this stuff all the time. it is true, we don't know who's coming across. we don't know who is here and we do not know their intent. >> no, but we know that there's individuals crossing the border illegally who represent over 100 different countries, and so they are coming from all over the place. in fact, the largest group from the largest country demographic surges from chinese nationals, which is surprising people, and this is an important dynamic i think people should understand. if you create incentives for illegal crossings, which the point was just made an contrast to the previous administrations which had disincentives, you create incentives and you have authoritarian countries who are making it very difficult to live in china and russia and all these other places. you are going to create more people who are going to surge and want to come to the united states. by the way, these chinese nationals are learning to get here via tiktok. so it is a national security crisis, and it's intentional because of the policies created. >> trace: meantime, both the former president and the president going to the border, and president biden going to brownsville. really nothing happening there. the former president going to eagle pass, the home of razor wire central. what do you think about that, karoline? it seems like joe biden is going where there is no action. gives him a little more latitude to be able to see what he wants. >> it is certainly not a coincidence that the biden white house announced joe biden would be going to the southern border for only the second time in three years, just a week after the trump campaign announced the president would be visiting eagle pass tomorrow. this is a last-minute attempt by the biden white house. he is not going there to solve the crisis, he is going there because his handlers realize that he is weak on this issue, he is under water, and it won't work, because americans are feeling the tangible consequences of his wide open border policies in their communities every single day. one american life lost at the hands of an illegal person who has no right to be here is one too many. it's only joe biden cared about that, he would shut down the border, but he doesn't. >> trace: last time he was asked, he said there is more important things to take care of. apparently not anymore, rebecca heinrichs, karoline leavitt. thank you both. meanwhile, the fallout from the merger of laken riley continues with the mayor of athens under fire for the city 'sanctuary policies. dana marie mcnichol is live in athens, georgia. good evening. >> good evening, trace. tensions were high today during a press conference with that mayor of athens who meant to discuss public safety but was repeatedly interrupted by angry protesters about the murder of laken riley. >> you are not defending us! you are not upholding your oath of office, sir! you are lawless! you are a criminal! speak of the briefing was held to discuss public safety in the community related to immigration. mayor girtz was pushing his message across. >> no policies have been adopted that have created sanctuary city status in athens. >> you need to resign. >> girtz listed safety improvements to the city including raises for police officers a and a real-time crime center focused on uga surveillance monitoring around the clock. that's not enough. they held signs that read "blood on your hands" and "make athens safe again." they demanded the county revoke a resolution that states the government welcomes "all people from all lands and backgrounds." and today we did get a major development did not murder investigation of laken riley. we learn from documents that she did indeed make a 911 call to athens police at some point during the encounter with jose ibarra. we are covering all those details that break in athens, trace. >> trace: that's important information. back to you as the news warrants in athens. thank you. ♪ ♪ the "fox news @ night" common sense department is watching closely as left-wing media and politicians continue saying there's no connection between president biden's border policies and local sanctuary policies, to the crimes being committed by illegal immigrants. the mayor of athens, georgia, you may have heard, responding to the murder of 22-year-old laken riley, went so far as to say, quoting here, "responsibility for this crime rests solely upon the perpetrator." solely, really? so nothing could've stopped that crime? maybe these politicians and media members should look closely at the shooting in maryland that killed the 2-year-old, jeremy. an illegal immigrant from el salvador was among the child's killers. three months before the child was shot to death, a doj immigration judge ordered that trejos be deported pretty wasn't. he was arrested for theft, and again i.c.e. wanted to deport him, but local authorities refused to hand him over. days later, arrested yet again. and yet again local maryland authorities would not give him up. so he was free to roam the streets, commit crimes, kill a child. common sense is constantly told that same trade policies are compassionate, and that compassion apparently does not extend to the families of laken riley, jeremy, and many, many others. let's bring in athens resident lori kamp from "make athens safe again." it's great to have you on. i want to play a little more sound of the mayor. this was him being heckled. you know this well, but i want to show the audience one more time and we'll get your take. watch. >> many of the elements -- >> liar! >> many of the elements -- >> liar! >> liar! >> you are a liar! >> we are here to listen. >> you are guilty! you've got blood on your hands for this murder, sir! >> trace: he got heckled because people are just tired. we talked to some athens residents last night who are so tired of the lies and the spin. what is your take on all of this? >> my take is that our commissioners and our mayor, our local government has started to put their own political agenda above the safety and welfare of its citizens and above the safety and welfare of the students that have been entrusted into our care. >> trace: it's amazing, because the very same mayor -- i'll go back about five years. the very same mary said this when he was talking about illegal migrants coming to athens. take a look. >> the athens clarke county unified government is welcoming to people from all lands and backgrounds and strives to foster community where individuals and families of all statuses feel safe, are able to prosper, and can breathe free. >> trace: five years later, you have evidence it did not work. why not fix it? why now? we have to have the news conference in the spin? >> exactly. not only are we as a town grieving the murder of laken. a good friend of mine a year ago, her son, giovanni mcdavid, was murdered in the streets of athens. and she is angry. no parent should have to get that phone call that your child has been murdered. i see it time and time again in athens now, that the violence has just overtaken our city. i lived here since 1977, and i have grown up here, my family was here, and the violence has overtaken us. >> trace: you say the violence has overtaken your city, what is the feeling when you talk to your neighbors, when you talk to your friends and relatives? what is the feeling in your city right now? >> the feeling is that, personally, as a woman, after look over my shoulder when i'm leaving the grocery store to make sure nobody's following me to my car. when i'm walking my dog, i have to fear, if a car slows down, let's going to happen. situations like that has made me feel unsafe. >> trace: and lastly, if you can, i just want to know, do you think that the city leaders hear you and hear what you people are saying? >> i don't believe they've heard us at all. they have put their own political agendas about our safety and above us. this resolution that was passed in 2019, the first time i heard about that resolution was on friday after laken's death. they pass this resolution without the citizens knowing. >> trace: lori kamp, best of luck to you and your fellow residents of athens. thank you for coming on. we appreciate it. >> make athens safe again. >> trace: after a months long battle with house republicans, hunter biden finally testified under oath on capitol hill, insisting his father had zero involvement in his business. congressional correspondent aishah hasnie is live with more on that story. good evening. >> trace, good evening to you. the headline out of today's high stakes deposition was this. hunter biden is apparently going to have to testify in a public hearing on capitol hill. the house oversight committee chairman james comer says hunter's testimony today contradicted with what other witnesses have told them so far. and a hearing is going to help sort all that out. >> i think this was a great deposition for us. it proves several bits of our evidence that we have been conducting throughout this investigation, but there are also some contradictory statements that i think you need further review. >> but hunter's attorney, abbe lowell, says republicans only want a hearing because they have no proof of any wrongdoing. >> they have produced no evidence that would do anything to support the notion that there was any financial transactions that involved hunter with his father, period. >> i'm told that hunter answered every single question today in great detail. he did not plead the fifth today. one of the most interesting moments came when democrat said hunter biden suggested that lawmakers launched an investigation into jared kushner, who of course his former president trump president trump's son-in-law, over his overseas business dealings. but then congressman dan goldman, trace, actually tried to walk this back. >> he raised the question, he drew the distinction between what he had done in a business world with independent businessmen versus foreign governments, which he did not do anything with, unlike jared kushner. >> again we are expecting this big capitol hill hearing, but no dates that just yet. >> trace: aishah hasnie lives for us in washington, aishah, thank you. great to have you. they can cut themselves. we weren't talking about overseas business deals that should be compared to the trump family. it was totally separate. meantime, i want to go to karine jean-pierre, because the white house press secretary was asked about the hunter biden case today and she said this. >> we have been very clear here that we think it is a stent that has dragged on for months and months. it is uncovering zero evidence of wrongdoing by president biden. >> trace: but when you hear about hunter biden's testimony, there was a lot of "i was on drugs during that time so i don't really remember that," or doesn't remember at all. >> that's a big take away, that hunter biden blames problematic text messages and emails on drug and alcohol abuse. it will be a problem for his criminal case, although he's trying to deflect from his father's business dealings on capitol hill. >> trace: it really is true. now to fani willis come because here is nathan wade's divorce attorney, also former law partner. when he got the text messages, he was sending a text message to the defense attorney, and when he was reading them, his thing was, oh, dang, and then there was this back and forth. watch. >> mr. bradley, you're a lawyer. did you lie to miss merchant when he told her fact about mr. wade and miss willis' relationship? >> not that i recall. i mentioned earlier that i speculated on some things. i have testify to what i did know. i can't recall whether or not. >> mr. bradley, speculation is kind of a weaselly lawyer worried. >> trace: he used it well and used it a lot. he clearly got busted in that whole thing. >> he was trying to walk back that text message to a criminal defense lawyer saying it was speculation, but it was pretty damning evidence against fani willis. >> trace: and the scotus agrees to hear trump's presidential immunity case. they are going to hear it in april. the decision probably won't come down until juneish, so it pushes the trial way back. how important is this case? >> very important, procedurally. even if trump doesn't win on substantive grounds, that week where the or arguments have been, it's going to push at the end of the supreme court term, which means it stays in place in washington, d.c., even if the judge listed immediately after the ruling comes out. we are well into election season and likely that trial won't happen until after the november general election. >> trace: i've got to go. so it's a big deal. great to see you, as always. thank you, sir. coming up, president biden jokes about his age after getting his annual physical, but for many, including a lot of democrats, biden's age is no laughing matter. later in the nightcap, do you think this idea is, to coin a phrase, grrrrreat? the kellogg ceo suggesting those struggling financially should eat cereal for dinner. we will read the best responses we will read the best responses coming up in the nightcap. ♪ ♪ and long-lasting gain scent beads. part of the irresistible scent collection from gain! you didn't live this strong, this long to get put on the shelf like a porcelain doll. if you have postmenopausal osteoporosis and are at high risk for fracture, you can build new bone with evenity®. ask your doctor if you can do more than just slowing down bone loss with evenity®. want stronger bones? then build new bone; evenity® can help in just 12 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the senior national correspondent kevin corke is live for us in d.c. >> evening, trace. the doctor using words like healthy, active, even robust, to describe the 81-year-old who's halting gait and garbled speech and periodic brain freezes have critics wondering aloud if it's time for him to go. but tia kevin o'connor tillich, mr. biden relatively speaking is just fine, and that's despite being treated for a number of ailments consistent with his age. you know, like sleep apnea, a fitted with normal ventricular response, acid reflux, seasonal allergies, spinal arthritis, and sensory peripheral neuropathy of the feet. throws off your balance. as for his stiffening gait, it hasn't worsened since last year, so that's good news. for what it's worth come at you the president tillich, it is all systems go just like the white house has been saying all along. >> they think i look too young >> of the things great, says him, the overwhelming majority of americans survived by quinnipiac beg to differ. saying that he is too old to effectively serve another term as president. curiously and perhaps most notably, trace, mr. biden once again did not undergo a cognitive test during his exam. according to the white house, the doctor said it was not necessary, trace. >> trace: interesting. kevin corke, thank you. that spring and former republican gubernatorial candidate in michigan and hosted the tudor dixon podcast, tudor dixon herself. good to have you on the show. president biden is healthy, active, robust, 81-year-old male who remains fit to successfully execute the duties of the presidency to include those of chief executive, head of state, and commander in chief. as kevin was saying, when you watch him shuffle in and out of rooms, robust and fit are probably not the first two words that come to mind. >> but he can shuffle in and out of rooms, so physically i would imagine that yes, he can get from one room to the other, but the cognitive part is really key. that's what we want to know and that is what we are all seeing on the world stage that seems to be completely failing on him. no matter what they say to the american people -- maybe he's not walking great from room to room. i'm seeing him stumble up the stairs. but no matter what they say about him being strong and sturdy and robust and all that, we see what he's doing mentally. he's forgetting people's names, confusing the country that heads of state are from. it's out of control. this is not surprising or tricking any americans. >> trace: not to the michigan primary from last night. this is "the wall street journal," quoting here, "although biden faced minimal opposition to the primary, in an effort to persuade voters to cast ballots as uncommitted, garnered more than 100,000 votes as michiganders went to the polls, the vote marked one of the more high-profile protests to date over the president's handling of the israel-hamas war and humanitarian crisis in gaza grade" you look at 100,000 voters who went with uncommitted, that's a big number, especially in the battleground state like michigan. >> it is a big number, and some of those folks even coming out and saying pundit saying this is not a big number should be warned, this is a big number and it's not just for the primary. so when you hear folks coming out today and saying this is not just a scare for the primary, this is how we really feel, he voted against him, this was us voting against him, that serious and it's going to be serious for the democrats. gretchen whitmer is definitely fighting rashida tlaib in the state of michigan. it looks like mashita is winning. if these numbers hold, and this is not good for democrats come november. >> trace: it's really not. meantime, the president will go to the border tomorrow, and he has said in the past several months he's got more important things on his plate and the border, and now that it's the number one issue across the country, he's going to pay a visit down there to one of the slow parts. here's what karine jean-pierre was asked by peter doocy today. >> as a candidate, president biden was telling people to come to the border. so what has changed since then? >> i don't have the context of this quote you're giving me, but what i will say is this. the president took this issue very seriously of what is happening at the border and the immigration system as a whole. >> trace: that's debatable, because he did invite the migrants, and we have it on tape. we play it a lot. then he ignored the crisis for the better part of three years and now he's all in because the polls are going south. >> and let's be honest, what happened this week was devastating. we saw a young woman who was murdered on a college campus, and that is the reason joe biden is going there, because mothers across the country right now are terrified of their daughters going outside on college campuses. just today my sister texted me and said, "i'm at the point where i don't know if i can send her away to college." i have four daughters. i had that same feeling. my heart goes out to this family. how can this happen in america? and i joe biden says, shoot, leave it to do something. you can't do something now, it's too late. >> trace: i have a daughter at the university of alabama down the road. he worry every day about them. great to have you on the show as always. thank you. >> thank you. >> trace: coming up, l.a.'s progressive district attorney, george gascon. have you heard of him? he's running for reelection, if you didn't know, and he now claims that crime in l.a. is on the decline. that's really what he said. plus, one restaurant chain is exempt from california's $20 minimum wage law. is it a coincidence that one of the owners is a big donor to governor gavin newsom's campaign? and still ahead, the half-court shot everyone is talking about, and one man races a tram, sprinting from one stop to the next. does he make it? the day's best viral videos and expert meantime, 8:33 p.m. on the west coast. a "fox news @ night" trip across america. first a live look at salt lake city utah, home to the world's first kfc which open back in 1952. next, gaylord michigan, home to the annual alpine fest where townspeople are encouraged to dress in traditional swiss clothing. finally, a live look atlantic city, new jersey, where the first ever miss america pageant was held back in 1920. if you can't join us live, don't forget to put your favorite swiss clothing on and set your dvr to watch us any time. re p♪ ♪ symptoms define me... emerge as you. with tremfya®, most people saw 90% clearer skin at 4 months... ...and the majority stayed clearer, at 5 years. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge as you. emerge tremfyant®. ask you doctor about tremfya®. (vo) explore the world the viking way from the quiet comfort of elegant small ships with no children and no casinos. we actually have reinvented ocean voyages, designing all-inclusive experiences for the thinking person. viking - voted world's best by both travel + leisure and condé nast traveler. learn more at viking.com. >> trace: with record low poll numbers, president biden is now talking about america's rising crime crisis, although still not adjusting the recent explosion of migrant crimes. senior national correspondent kevin corke is back live with that story. >> indeed, trace. as we reported at the top of this broadcast, mr. biden is being sharply criticized tonight on social media for having the temerity to talk tough on crime will not even mentioning laken riley, the 22-year-old georgia nursing student who of course was killed, allegedly by a suspected illegal immi immigrant. you will recall riley was out jogging when she was apparently killed by a venezuelan national who is believed to have entered the u.s. illegally all the way back in 2022. however, during mr. biden's white house speech today, he said american cities are making historic progress, saying last year the u.s. had one of the lowest rates of violent crimes in more than 50 years. okay, but, the recent spate of crimes believed to have been committed by illegal immigrants is really changing the narrative. we're talking about that sexual assault of a child in virginia, allegedly by a venezuelan illegal migrant. the alleged rape of a 14 euro quarrel by and a legend under an illegal migrant, and i should point this out, trace, this is the relevant part of this entire story, the last one i mentioned had been released from jail twice before the fatal shooting. it is one of the most vexing and frustrating things for people watching this crime crisis play out in real time all across america, trace. >> trace: they tried to deport him three times and got zero cooperation. kevin, thank you. let's bring in the founder, chef, restaurant owner, andrew. i want to play some sound because the d.a. in l.a. county, george gascon, you may have heard the name, he's running for reelection he said the following. >> we are in a much better place today then we were four years ago. violence clearly indicates that the work we are doing is not necessarily -- it doesn't cause crime to go up. >> trace: what he's saying is the work they are doing is working. the work he's doing, by the way, is not arresting people and taking the people who were arrested at some point in time in the past and letting them out of jail. that's the work he's doing, and he saying is working wonde wonderfully, as oakland shuts down and cities across california are like, we can't handle this. >> don't believe your lying eyes. speaking of, that's why he's wearing sunglasses and the video, because nobody wants to see the lies behind his eyes. the fact is we are being gaslight. i said this before. this is the arrangement, but it is manipulation, too. they are telling us, what are you thinking? everything is fine. you are crazy. don't you do think you are crazy. this is the unmooring of humans from society in general. >> trace: and if you are the "l.a. times," i do is blame fox news channel. we have a video that we shall again and again. we see the crime stats going up. in san francisco there is a hardware store where they literally have to walk you around because they do not trust you to be in the store alone because it got ripped off so many times. here's one employee. >> we weren't really given a choice. we have to keep our employees safe and customers safe. when they're coming to do snatch and grab us, that was the final straw. >> trace: you own restaurants. can you imagine -- you are talking about the fact that people get up and walk out occasionally in these things. can you imagine having the business, restaurant, we have to tell people, before we can lease it down, we need to get a little cash on the side, little deposit for your meal? it's kind of unbelievable. everybody feels like a criminal. >> we are in the thousands when it comes to dine -- already, so that the restaurant version of this. let's think about it from an economic perspective. i need extra people come you don't want to lose their business, and i have people escorting them around the store. this is absurd and it's only going to put businesses out as we talked about. they hate the entrepreneur and small business and here's an example. >> trace: it's kind of crazy. "the new york post" writes the following here. panera bread is exempt from california's $20 minimum wage law after the owner donated to governor gavin newsom. and they signed into law a measure that raises the minimum wage of fast food workers from $16 an hour to $20 an hour. with the fast food accountability and standards recovery act includes an unusual card-out that exempts chains that bake bread and sell it as a stand-alone item. i mean, it's amazing. panera bakes bread and dust so you bake bread, and you save a bunch of dough. it's not a great joke, but it's true. >> get ready for carbohydrate central, because every restaurant will be baking bread now if that's the carve-out. if this is about paying workers more, and this is going to trickle down, the large multiunit chains, because they know they have cash in the balance sheet, why not panera? the idea is that it's not about the principal or the morals, it is just about a tax on certain businesses. but if you are in the pocket of the governor or the state, you are all good. >> trace: you are going to have mcdonald saying, wait a minute, we can bake bread and salad up front and we don't have to give people a raise? out how it works now? and answer is, kind of. it reminds me of the prison guard gavin newsom did not mandate covid vaccines because they weren't enough of them, so he couldn't really fire them. >> you've also got the bill where they are banning plastic gift cards for small businesses. guess who is exempt from that bill? all the large retailers, amazon, visa, and they are going to be using plastic placards and other state offices. but small businesses, no plastic gift cards. >> trace: it's a great point. great to have you on as always. thank you. ♪ ♪ first up in tonight's viral videos, a man in south australia attempted to prove his friends wrong after they said he could not beat the tram they were riding onto the next stop, so the door opened and he took off running. falling behind at one point, but in the end he made it in the nick of time. the man celebrated for a brief moment and then asked for a glass of water. a doorbell camera captured an act of true friendship in england where 15 people showed up to support a 21-year-old woman whose mother passed away suddenly from an aggressive brain tumor just five days after receiving the diagnosis. the woman said on tiktok how much she loves her friends for their show of support. >> timeout, they have to go 94 feet! oh! can you believe this? >> trace: the cleveland cavaliers pulled out a nail-biter winning against the dallas mavericks tuesday night with a shot at the buzzer, and it gets even better. the forward hit the game-winning shot for half-court. the crowd, as you saw, goes wild. if you have video like that to share, share it with us on social media. next, the ceo of kellogg's says, if you are struggling, maybe you shouldn't eat dinner, you should eat cereal for dinner to save some money. was it appropriate for the kellogg's ceo to suggest that? there is still time to weigh in on x and instagram. the nightcap crew, including the shaft, will be here next. but first lawrence jones is live from brownsville, texas, ahead of biden's visit. the real story is the president will get from residents, and dvr "fox & friends" if you cannot catch it before. we are coming back with the kellogg's conundrum next. kellogg's conundrum next. but who has the time to clean? that's why i love my swiffer wetjet. it's a quick and easy way to get my floors clean. wetjet absorbs and locks grime deep inside. look at that! swiffer wetjet. hi, i'm janice, and i lost 172 pounds on golo. when i was a teenager i had some severe trauma in my life and i turned to food for comfort. a friend told me that i was the only one holding me back from being as beautiful on the outside as i am the inside. once i saw golo was working, i felt this rush, i just had to keep going. a lot of people think no pain no gain, but with golo it is so easy. when i look in the mirror, i don't even recognize myself. golo really works. democrats agree. conservative republican steve garvey is the wrong choice for the senate. ...our republican opponent here on this stage has voted for donald trump twice. mr. garvey, you voted for him twice... as your own man, what is your decision? garvey is wrong for california. but garvey's surging in the polls. fox news says garvey would be a boost to republican control of the senate. stop garvey. adam schiff for senate. i'm adam schiff, and i approve this message. i'm katie porter and i approve this message. he's the hundred-percent pro-trump candidate for u.s. senate: republican eric early. always supports trump and the maga agenda. republican eric early. endorsed by the california pro-life council... ...opposed to all abortion. and eric early loves the second amendment. eric early. way more dangerous than steve garvey. he dodges trump. garvey even said he might vote for biden. republican eric early for u.s. senate. too maga. too trump. too dangerous. ♪ ♪ >> trace: we are back with the nightcap crew. kevin corke, ashley strohmier, matt finn, andrew grewal, and tudor dixon. tonight's topic, spilled milk. kellogg's ceo caused a stir after telling people short on cash that they should just not really eat a real dinner, just eat cereal to save a little money. watch. >> we've got to reach the consumer where they are, so we are advertising about cereal for dinner. if you think about the cost of cereal for a family versus what they might otherwise do, that's going be much more affordable. >> trace: the question is, kevin corke, do you think that was a grrrrreat thing to say? >> i love your writing, and absolutely not absolutely not. >> trace: [laughs] >> i was really bothered by this, maybe i should step back and try to understand what he was trying to say, but it was ham-handed, it was stupid. i hope he's apologized, because people don't want to hear that. people are struggling right now. it was not funny. >> trace: we are struggling it was kind of a let them eat cake moment. "if you don't have money, just eat cereal." it seems a little bit condescending. although, i've got to tell you, i'll give you a sneak peek, most of the people right now are like, it's totally fine. >> i thought it was tacky, especially since he's the ceo of the company. we all like a bowl of cereal every once in a while, but like kevin said, people are really struggling. that's not the solution at all, or the time for it. >> trace: tudor dixon? >> let me be a little selfish year for a minute. great michigan company. if they can put out my cereal, we can get more jobs to michigan. i am all for it. as a mom of four i want to be like, they're even saying you should eat cereal for dinner! just eat the cereal! cereal for dinner night, folks. i thought it was fine. >> trace: chef gruel? >> major missed opportunity here in the development area. i get what he was going for but now he should be thinking about coming it with a new flavor of dinnertime cereal, steak and potatoes. with milk on top. >> trace: i love it. irish cereal. i love that, matt finn. >> you can't blame him for pushing his own brand. as a sales pitch, obviously, but it comes across cold and out of touch for everyone to feed a family cereal. >> trace: especially if you are struggling, was this appropriate for the ceo to say? on x, yes, 32%. bill bailey says, i see no problem whatsoever. his job is to sell cereal, after all. he obviously hasn't bought cereal recently. there's no shame in his game. he just wants to sell more cereal. i'm pretty sure he isn't eating cereal for dinner. he made big money last year. the only way it would be appropriate as if he dropped the price of cereal. that's it. thank you all for watching the nightcap, being in the nightcap. thank you for watching america's late news. . he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. ned? otezla can help you get clearer skin, and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing otezla for nearly a decade. otezla is also approved to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. with clearer skin, movie night, is a groovy night. ♪ live in the moment. ask your doctor about otezla. las vegas grand prix choose t-mobile for business for 5g solutions. because t-mobile is helping power operations and experiences for hundreds of thousands of fans with reliable 5g connectivity. now's the time to accelerate your business. decided not to bring a criminal case. ♪ ♪ ♪ ♪