east coast, 8:00 in los angeles and this is america s late news, fox news at night. breaking tonight, a middle school student running for commissioner of school spirit and patriotism was apparently told his speech could not have any reference to patriotism. we will have reaction. california lawmakers think the answer to skyrocketing retail theft is to put an employee at each self check out machine. kind of defeats the purpose. and a former new jersey gym owner arrested for staying open during covid just won a huge legal battle. but we begin with donald trump s fate now being in the hands of 12 anonymous new yorkers and after deliberating five hours and sending two cryptic notes, the jury was excused back the courtroom confused. nate foy is live outside the courthouse in new york with more on this. good evening. reporter: good evening trace. you mention the jury deliberated nearly five hours today and at the end of court they sent two notes. one has to do with revisiting tes