we're out of time. happy 4th. i'm greg gutfeld. love you america. happy 4th. good evening. welcome to america's late news, fox news @ night. i'm mike emmanuel in washington, d.c. in for trace gallagher. breaking tonight, a blistering state department report about the united states chaotic and deadly withdrawal from afghanistan cause both biden and trump administrations for numerous mistakes made during the draw down. explosive new claims from house republicans tonight about pandemics, dr. an no -- anthony fauci. we begin with a new pair of land

sm mark rulings. here is chief legal correspondent and fox news sunday anchor. >> hands up. >> reporter: another day of decisions split, 6-3 showing deep divisions at the nation's highest court. an opinion by chief justice john robert, the majority struck down the biden administration plan to wipe out $430 billion in student loan debt. we hope the act allows the education secretary to waive or mo modify existing provisions. not to rewrite the statute from the ground up. they argue the secretary did have the power. the statute gives the secretary broad thought to relieve it on borrowers able to repay student

loans. president biden who has vowed to wipe out student loan debt conceding he may not have the authority blasted the court and promised to find other ways to benefit borrowers. >> did you of step your authority? >> i think the court misinterpreted the constitution. >> reporter: the court recognized a concrete right for free speech for a colorado web designer who says she shouldn't be no, sired to create custom websites for messages that conflict. if liberty means anything at all, it means the right to tell people what they do not want to hear. justice sotomayer called today sad accusing the majority of declaring a particular kind of business, though especially to

the public has a constitutional right to refuse to serve members of a protected class. the web designer says she's often and happily worked with lgbtq cluients but sees a distinction of asking to craft a website that's in conflict with her religious beliefs. back to you. >> thank you very much. let's start with the student debt case. the plan cancelled $430 billion in balances erasing the debt of 20 million dollars lowering the immediate amount from $29,400. six state sued arguing that the heroes act does not authorize loan cancellation plan. we agree.

was there any surprise, alex, since congress has the power of the purse? >> if you attended oral arguments or listen to them, you weren't that surprised. there was skepticism about if the president or the executive branch would have that much authority to unilaterally wipe out this much debt. president biden cited it that applied to military debt, family suffering in the wake of 9/11, that sort of thing. the court said could it stretch this far. of course, covid-19 pandemic there's economic implications from that. in his opinion, he noted this would have affected 98% of borrowers. it's very widespread. >> eliminated loan forgiveness.

i respectfully dissent from that decision. it's not like congress passed law. >> that's true. tha right. t -- that's right. >> the dissent saw that it was so broad as long as the secretary could show there was this amount of emergency that he had the power to do that and wipe out the student debt. there was like an argument over a waiver, modification. what is the extent of that power within this law. i think one of the other sticking point s the dissent, they wanted to see this case go away on the idea of standing. the way the states got into court was to point to missouri had a non-profit that they have created, the state created that acts as a loan servicer. they should be here fighting this. it shouldn't be the state. they wanted to dismiss it on

background. >> we're running short of time. a colorado website designer, justin gorsich writing an opinion. they speak what they do not believe on paying a penalty. what about that argument? >> the court find years ago had a case before them with christian cake baker who said i can't bake cakes for same-sex weddings. the court narrowly ruled in his favor and said he didn't get a fair shot in lower courts. he is still fighting this. it's an issue that's again on. this ruling gives more of a line for lower courts to follow. it seems like if you are, like this website designer involved in speech, you have a law that

will punish you for what you're writing and creating, that's where you're protected. the court was trying to draw a line between creative or speech writes versus services that are provided. they did that here. you can't have a government, i think it's like a penalty plus require courses and educational tracking they could do like reporting and that sort of thing on businesses in colorado. that was would run afoul the first amendment. >> thank you so much for your time and analysis. >> thank you. >> for closer look at the political fall out from the court's decision the override president biden's student loan bail out, let's bring in angela. welcome. >> thank you. it's great to be with you. let's start with education secretary on who would have benefitted. >> let's be clear about who

would have benefitted. nearly 90% of relief would have gone to borrowers making less than $75,000 a year. 20 million americans would see their debt drop to zero with 20 million more seeing lower payments. >> congress has the power of the purse so the white house had no know this was unconstitutional, right? >> i believe so. based on president biden's recent actions in the run up to the supreme court decision, it sure seems like he knew this was illegal from the start and a real over reach of his executive authority. we saw that in his statement and what secretary cardona said today about their plan to overhaul an income driven payment. that's by another name and based on a model, it could cost the federal taxpayer up to $471 billion. it's also planning to go through negotiated rule making under the higher education act. they are going to instate a

grace period where borrowers can miss paymented for up to year without any penalty. all of these things carry a cost to the federal taxpayer. none of these things were approved by congress. not only is this plan regressive but you have the supreme court sending a strong message today and it seems like this administration didn't get the memo. >> at the time, house speaker na nancy pelosi knew mr. biden didn't have the authority. >> people think the president of the united states has the power for debt forgiveness. he does not. he can postpone. he can delay, but he does not have that power. that has to be an act of congress. >> now what? now that the administration is under intense pressure from the progressive left. >> well, this becomes even more of a political hot potato. i think the timing is all very curious. president biden instated this bail out scheme in the run up to

the midterms. it exactly as long as he needed it to before being in joined by multiple courts and the program is halted. when you look at the timing of this 12 month grace period and the time he's trying to buy himself with all of these various back door loan forgiveness plans, he's clearly looking at the runway for 2024. i don't think it will play out the way that he necessarily hopes. the american people see right through this plan. most americans don't have a college degree and are understandably not too keen about paying off the debts of those who do. i don't think the public is going to be forgetting this any time soon. i don't think it is half as popular as the president seems to feel. >> nearly at a time when president biden age and his campaign must be worried about the impact, losing in big way after promising action on this issue. >> we see that desperation in the lies they continue to spin. multiple member of the

administration came out and tried to equate student loan forgiveness to ppp loan forgiveness. they seem to be forgetting ppp happened because the business closed business to covid. the government didn't force anyone to get a gender studies degree. ppp loan forgiveness was decided by congress and not by the executive branch. they are comparing apples to very expensive oranges. >> thank you so much. have a great weekend. >> thank you. there is plenty of blame to go around according to a state department review of the united states chaotic withdrawal from afghanistan in august of 2021. christina coleman has the story tonight. good evening. >> good evening, mike. this blistering state department report blames senior biden administration officials for changing guidance during this chaotic withdrawal and failing to decide which afghan should be allowed to evacuate during the mayhem that added to the challenges the state department

and dod face during the evacuation. the report also says, quote, the decisions of both president trump and president biden to end the u.s. military mission in afghanistan had serious consequences for the viability of the afghan government and its security. report goes onto say during both administrations there was insufficient senior level consideration of worse case scenarios and how quickly those might follow. however, the deadly two week u.s. military evacuation took place under the biden administration in august of 2021. crowds of people desperate to escape the country. some were trampled. a botched u.s. drone strike killed ten innocent civilians, including seven children and 13 u.s. service member were kill in a suicide bombing. despite the deadly violence and at the state department's assessment of the mayhem, during a press conference president

biden denied any mistakes. >> do you admit there was mistakes during withdrawal and before? >> remember what i said about afghanistan. i said al qaeda would not be there. what's happening now? what's going on? read your press. i was right. thanks. >> she provided no further clarity on his statement. mike. >> don't think the president loved that question. thanks very much. let's get some expert insight into this new report on the disasterous withdrawal from afghanistan from former state

department official. president biden was asked about afghanistan late today. what is your assessment of this report? >> i was surprised to see they are pointing blame at both administrations, including the biden administration. the fact the president said he was right after al qaeda being gone. al guide is not the main issue. h he's wrong about that. we should never have left afghanistan.

we had 2500 troops all over the world. we still have 80,000 troops. 40,000 in germany. this was a withdrawal that did not need to take place. >> the state department report says there's plam to go around. the decisions of president trump and president biden to end the mission pose significant challenges for the department. they provide continued support to the afghan government and people. david, what's your take on this report? >> there's not a lot surprising in this report. we knew there were reports being made. it describes a perfect storm that both administrations, the trump administration and biden administration didn't expect. the taliban to take over afghanistan so quickly. they expect the taliban to get to kabul so quickly. this happened at time when state department diplomat were switching over. they switch over and touring the

summer and new ones come in. there were many new dip emlomatn charge when the withdrawal happened. most concerning is neither administration had made decisions about which afghans we would evacuate. they were making those decisions on the fly. that's super unfortunate especially for our afghan partners. many of whom were not able to get out. >> from the washington post tonight, biden administration failed to see afghanistan mayhem he view finds. critical missteps identified in the report present fresh evidence of the mayhem that left afghanistan future, cost the lives of score of afghans and sent biden's approval ratings tumbling. what's the impact downand your fellow veterans? >> me and fellow veterans watching this and i think all the joint chiefs, military,

president biden advisers recommend against this, including diplomat on the ground. we knew this was going to happen. it's frustrating to see americans left behind and service members killed. our allies we fought alongside left behind. 20 years of losing service members and losing or souls, was it worth it. at mighty oaks foundation we are dealing with a lot of them struggling with mental health over this. this is still will the of questions to be answered after

reports like this. >> david, there's some criticism of this report being released late on a friday for the independence day weekend. what about that? >> first of all, i want to say that chad made some really good points. i really respect his opinion on this. i don't know about the timing. this is not a positive report for the biden administration, not a positive report for the state department. there are part of it that are painful for the state department to internalize. i'm sure they didn't want it to get a lot of publicity. the purpose is for them to learn lessons and be better prepared the next time there's situation like this and better prepared for crisis like this and to have more 360 look at how diplomats feel and how our military personnel feel and take all of their opinions into consideration when we plan withdrawal like this and better use of intelligence would have make helped correct this as well. we should have known that the

taliban was making progress and prepared. hopefully that's what will be the outcome of this report. >> david, chad, gentlemen, thanks very much. >> thank you. the red portions of the circumst flight awares misery map have been trending the upward with four million americans expected to take to the sky this weekend. we see how many of them will be dealing with the same old problems. good evening. >> more than 50 million americans will be flying the friendly skies or hitting the highs this holiday weekend. if the travel flight nightmares that we have been hear about are an indication, travelers are not going have an easy time getting to where they want to go. now, right now just today almost 7500 flights in u.s. were delayed and nearly 500 were cancelled since last saturday. after a turbulent weekend and blame shifting between the faa

an united airlines, the white house was quick the point out which airline was struggling the most. >> as we head into july 4th, the department of transportation and the faa are working closely with airlines to help minimize flight disruptions resulting from extreme weather. airlines quickly recovered from the weather early year this week except for united airlines which expects to return to normal tomorrow. >> united airlines almost made headline after the ceo took private jet while customers were stranded. he said taking private jet was the wrong decision because it was insensitive to passengers waiting to get home. one passenger said the flight agency should be helping us, not making fun of us. mike, aaa says most americans, 43 million of them will be traveling by road. many of them likely encouraged

by gas prices that have decreased by more than a dollar gallon since this time last year. a little bit of good news. >> we'll take it. thanks a lot. >> thank you. hunter biden's attorneys attempting to discredit the irs whistle blowers in new letter obtained by fox news. the details next. later, do you have something that isn't related to your career that you love to learn about? perhaps a hobby or interest. let us know on social media, tw twitter and instagram. weigh in. we'll show you the result and read the best responses in the night cap. cent of gain flings made it smell like dave was in his happy place... ...the massage chair at the mall. but...he wasn't. gain flings with oxi boost and febreze.

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questions about the le

leadership of the hunter bidened investigation. this as the clock is clicking on merrick garland and other doj officials to supply house republicans with information regarding the plea deal worked out with the president's son. here is justice correspondent. >> the clock is ticking for attorney general merrick garland and other doj officials to turn over information to congress about the hunter biden plea deal. >> i hope they just voluntarily come in. i would think that would be the right thing to do. >> irs whistle blower insists the probe was influenced by politics. he says delaware u.s. attorney complained about not having full control over the investigation. >> i even had him repeat that because i knew how important that fact was and i wanted to make sure i understood it. >> for two years, garland has insisted weiss is in charge. >> he was in charge of that investigation. there will not be interference of any political or improper

kind. if he needs to bring a case, he will have my full authority to do that. will be permitted to continue his investigation and make a decision to prosecute in way he wanted to and any district he wanted to. >> in a june 7th letter, weiss wrote to jim jordan. i have been granted ultimate authority over this matter, including responsibility for deciding where, when and whether to file charges. weiss complained about being blocked from the u.s. attorney's office in d.c. last year. a spokesperson for d.c. u.s. attorney matthew graves denied interference. i obtained a letter written earlier today for abby lowell, hunter biden's attorney. lowell accuses the committee of going after his client, hunter biden, just to get closer to going after president biden.

lowell writes in part, your release of material violated the spirit, if not the letter of the tax laws in federal rules governing investigations. smith respopnded by vowing to continue the investigation. >> thank you very much. let's discuss the latest of mixed messages surrounding the drama of the hunter biden investigations. abby lowell is lashing out. releasing the transcripts of and exists from interviews of self-styled irs whis blowers who may be claiming that title in an attempt to evade their own misconduct was an obvious employee to feed the misinformation campaign to harm our client as a vehicle to attack his father. what do you make of that kind of

pushback? >> this is typical d.c. politics, once again. right off the letter and he immediately talks about the misgivings of the house turning over control to republicans a few months ago. right there you know the tone is going to be politics. it really goes through and makes a bunch of statements that seem to be erroneous especially around the whistle blower. she was very credible. to be attacking the whistle blower seems to be outrageous to me. >> the irs whistle blower saying biden family lawyer have went to intimidation before. where do you see this investigation at this stage? >> this is very interesting.

we have the information. the more we go forward, the more we'll see and see a more detailed and get more to the crux of the case and who did what, when. it's lot more to happen that we'll be watching for. let's play it. >> it's clearly someone is lying and that is what we have said all along is we're gong to follow the facts. what we have to follow is information from every one who is present in that october 7th meeting. >> any way of knowing who is lying? >> this is a hard one. in case like that, we talk about the u.s. attorney of that actual district, it's going to be leadership from different agencies there. it will be documentations. it will be lot of other witnesses to verify that statement to lock him into that

statement. it will be very interesting. there's a perception that someone is not telling the truth. if they keep digging, they will get more verification. >> we're nearly out of time, but do you think that investigators will get to the bottom of all this? >> i hope so. the american public need this to know what happened. this is troubling. the allegations are serious and the country needs to get the information to understand what happened. >> thanks so much. there is evidence that dr. anthony fauci tried to tamp down the covid lab leak theory. a college baseball player makes the catch of lifetime. this frenchman is playing with tire. the day's most viral videos, next. known as a loving parent.

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first up, french writers damage buildings across france after police shot and killed a 17-year-old on tuesday. the rioting has lasted for days and police have arrested hundreds. french president urged parents to keep their teenagers home amid the youth driven protests. protesters in iraq gathered enmass to burn rainbow flags in front of the embassy. a man burned a quaran this. they urged them to burn flags for weeks because quote, it's what irritated them the most.

the panel of judges said he abused his power. he told foreign am basbassadors voting system was rigged. there's new accusations that question the government's handling of the covid-19 pandemic. senior congressional correspondent has the details. >> reporter: the panel contend s it has evidence that a lab leak sparked the pandemic. tony doesn't want his finger fingerprints on origin stories. >> what would been the reason for not wanting to have a scientific debate?

>> fauci has pushed back against the lab leak theory. >> the evidence very strongly, very strongly points to this being a natural occurrence of a jump from an animal species to a human. >> reporter: other scientists accuse him of scientific spin. >> the spear conspiracy was to single narrative. >> reporter: he used his private e-mail to duck freedom of information requests. other democrats defend fauci. >> tony's fingerprints aren't on this. what i'm concerned about is that information is being cherry picked to be used to go after somebody. >> reporter: dr. christian anderson communicated with fauci in 2020. anderson missed a deadline to

comply with subpoena. fauci says there was a small grant to study bats in china but told fox in january that research would be impossible to trigger a pandemic. mike. >> thanks very much. let's bring in fox news medical contributor dr. mark seagall. welcome. >> good to see you. >> i spoke with former cdc director about covid origins earlier today. >> kind of dispinted if fauci's approach to investigating the scientific credibility of the two different hypotheses out on the table. i think he unfortunately, aggressively tried to work the scientific community into a single narrative which was to support the spillover. >> if you agree then why would drchl fauci do that?

>> well, mike, this is complicated. this is hold w i view it. we didn't know what was going on in china. dr. redfield was trying to get boots on the ground in the beginning of the pandemic. it should have raised suspicions off the back that there's a lab doing top secret research on corona virus. that should have really raised eyebrows. he had, in a way, an ideological bias to believe that it doesn't come from the lab. i think that he's the type of person when he believes a narrative, he pushes that narrative and he believes strongly in that narrative and maybe his mind isn't open to alternatives as much as it should be. i think that's what it is. it's an ideological investment. i talked about this.

i was down in d.c. a couple of weeks ago talking to him about this. i think the committee, at least the republican side of committee kind of favors that narrative. they can bring up christian anderson who is supposed to testify. i've interviewed him as well. he said he changed his mind the more he looked at the virus. this is a really top scientist. it is shocking at the beginning he said this looked manmade and the next thing he's saying it doesn't look manmade. that's possible, but again, i don't think minds were open enough to both ideas. waiting until enough fact came across. we're talking about china here. we didn't get into that lab. how can we be ruling that out. >> top fauci adviser says fauci didn't want his fingerprints on covid origin stories. i try to communicate on gmail because my nih e-mail is full constantly. don't worry, send to any of my addresses and i will clean

anything i don't want to see in new york times. that's a no no in government. your thoughts. >> i think he need openness. i think full disclosure. you shouldn't be worried about what e-mail you're on. it's telling that you want something on a private e-mail. clearly, dr. fauci is a top scientist. i have a will the of respect for him. he may be thought this was going to get misinterpreted on another e-mail. that's not open enough for this situation. the future of this kind of research riding on it. the idea of how well china is cooperating, which they definitely didn't, riding on it. full disclosure, not saying private e-mails only. >> dr. mark seagall, thank you for your time. have a wonderful holiday weekend. >> great to see you. >> thank you, sir. first up in tonight's viral videos. a college baseball player named

jack porter made an amazing catch while playing in a summer league in ohio, flipping over the fence to rob his opponent of three-run homer. the ball quickly rolled oaf to staunds, th stand up. his team won the game. new florida homeowners new they weren't in arizona anymore when they woke to find an alligator in their hallway. it entered through a doggie door. the animal was captured by wildlife officials. so this doesn't happen again, they installed a new dog that only opens to their pet's collar. smart move. a paddle boater got a little too close for comfort with hammer head shark while crossing the stratits in florida. the shark's fin popped out of

the water. man named jonathan from france showed he has no fear putting his feet to fire, breaking two records including the longest distance run in a full body burn without oxygen at 272.5 meters. he performed shows where he does fire juggling and eating. he probably won't be shocked to learn what he does for living. he spends his days working as a fireman. find your passion. animals at the houston zoo are trying beat the heat. they installed icy streets tres and installed cool sprayer. coming up, do you have something that isn't related to your career that you love to learn about? maybe a hobby or interest, there's still time the weigh in on twitter and instagram. the night cap crew is next.

we do have severe weather in through portions of the tennessee, ohio river valley. wind would be the biggest threat. could see hail an isolated tornado. rain and storm into chicago. you have sunshine and 80s to the east coast. west coast heating up. careful in that heat. you can download the fox weather app or stream from your favorite connected tv device.

we are back with the night cap crew. tonight's question, extracurricular education. how do you reset and relax outside of work? every one's got to have a part-time passion or hobby. what is your hobby that has nothing to do with your job? lead us off. >> we talk about it all the time but space exploration. all things space. are we alone in the universe? it's all fascinating to me and my son shares the interest. any time i find a new article or something new, i always share it with him and he gets really excited.

i guess that would be my passion. >> that's a good one. live long and prosper. all right. your turn. >> i'm going to surprise you. it's mountain biking. president bush inspired me years ago. he would give me an interview if i mountain bike and i've been training on rough trails. when i learned about mountain biking, not only do you put yourself in another universe but it's much better than hiking because you can cover more terrain. hiking takes so long to get where you're going. it's agile. it's difficult. you put your head in a different space. it's challenge because it gets me an interview with president bush. >> all right. >> it's not so much a hobby but an obsession. it's called pickleball. there's only two types of world, people that play pickleball and people that will play pickleball. it's a healthy habit to get into. i love it. great sport. people are super friendly. it's a lot of fun and a lot of

exercise. >> love it. some years back, my wife said, you're looking at your iphone too much. you're going to die. you need to pick up a hobby. she encouraged me to play golf. a lot of people are like your wife told you. that's my deal. she's a saint for that. our poll, do you have any hobbies or interests that aren't related to your job. 80%, yes. 20%, no. instagram, 61%. 39% no. justin says i sell cyber security and for fun i do gardening. dan, i'm a writer/reporter but the people appreciate me more for my cooking. tyler, my hobby is reading about social stud disandies. thank you. enjoy your hobbies over this independence day weekend and get

out there and hopefully enjoy some fresh air and some family time celebrating america. thank you for watching america's late news, fox news @ night. i'm back on sunday for fox news live 1:00 eastern. i'll be back here on monday night. i hope you will be, too. have great independence day weekend. good night. chicken in her baby back ribs, baby chicken back to the baby back contenders. >> i'm going to go get some pie . that's right. that's right. works best actually wears it. >> get odor free, eight hour protection from mosquitoesde itu and takes without the itch. and takes without the itch. zebo on body repellents of tre. >> people love it.another bugs hate it when migraine strikes your face wears

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