>> we are out of time. [applause] >> it is 11:00 p.m. on the east coast, 8:00 in los angeles and this is america's late news. breaking tonight, california wants to regulate the private conversations you have with your doctor, mandating what doctors can and cannot say. despite a violent crime problem, illinois ends cash bail, putting more criminals on the street and one of the largest cities is hoping to follow suit. we begin with democrats running into a buzz saw on capitol hill.

that is according to a problem legal analysts say whistle-blowers did to hunter biden and the biden family. kevin is live in the capital with more on the hearing and what is next. >> gary shapley testifying today that the u.s. attorney for d.c., who was a appointed by the president had to file to say whether charges would be filed against hunter biden. >> based on my experience, the u.s. department's office and handling the investigation was different from any other case in my 14 years. at every stage, decisions were made. >> according to the national

review, his wife, a liberal activist, has visited the white house at least 28 times since biden took office, including ten times in the first three months of this year alone. the identity of a second irs whistle-blower was revealed today. he explained he is not partisan. he says he is a democrat who wants to do the right thing. >> they were recommending for approval, felony and misdemeanor charges. that did not happen here and i am not sure why. >> james comer suggesting testimony confirms there has been nothing normal about the business activities. jamie raskin called for the pursuit of a tie between the president and his sons business dealings absurd.

>> it was one to watch. let's bring in our fox news contributor. >> they ran into a buzz saw. i have sympathy because these guys are the cream of the crop in tax investigations. >> the continual effort to change the subject and avoid the allegations is obvious. it is about as subtle as bringing a ball. they spent the whole hearing talking about trump. >> that is the only thing they

could do because they could not impeach. they were, they could not interview witnesses, they could not get the documents they wanted. the department of justice, they let things expire. they want to come up with this sweetheart of a plea deal that no american would get. nobody watched the hearing thinks the department of justice dealt with this fairly, as if it was an average american. it was a biden sweetheart deal. they supported felony charges. we learned that today. somebody higher up knocked those charges down. >> whether i was a federal prosecutor or public defender or

running dod, i have learned to fax in government. money does not lie. you have whistle-blowers that stated and produced documentation showing payments throughout the biden crime family and communications linking biden, hunter biden, and the rest of them. when a witness takes the witness stand and tells only the truth, he can never be impeached. you saw two unbiased witnesses proposed himself to the world of the cost of their careers. they produced evidence and documentation under oath. you know who hasn't? merrick garland and they have not had the gumption to come into the well of congress. >> $17.3 million is the dollar

amount. we are talking about specifics and as far as the investigation itself, it is fascinating nobody has come out and said these investigators are not telling the truth. >> nobody shot down these allegations. they started talking about the flow of money. llcs and whatnot, the biden business, there is no service, no product. they had millions of dollars flowing into this and there was not a $10,000 expenditure for a golf club membership. it was for a club membership. what about the hotel room he got for joe biden? joe biden has told us he never had a discussion about hunter biden's business dealings but he was on a business trip with

hunter biden. >> it never got to interview hunter biden because the biden campaign transition team could not set it up. who does that? >> rewind the tape to hillary clinton. gave their attorneys invitation letters and treated the investigation differently because they wanted her to be president. now the defense from the democrats on capitol hill, nothing to see here. look no further than dan gol goldman, who has a history of attacking baseless whistle-blowers. he connected joe biden to hunter himself. let's put aside the witnesses. there is an incredible stat

statement. >> another story, california is trying to punish doctors for covert misinformation, meaning the government wants to regulate private conversations. >> it can cause a doctor to be stripped of their license. this week, the ninth circuit court of appeals, one of gavin newsom's deputy attorney general stood before a judge and argued the state needs to be able to regulate what your doctor says in private, regardless of the first amendment freedom of speech. >> to regulate the practice of medicine, the state needs to

reach the aspects of speech used to care for patients. ab 2098 was endorsed by the california medical association. when gavin newsom signed the bill, he said he was concerned about the effect it would have on doctor-patient conversations but he says it is narrowly tailored to agree just inst instances. >> great to have you on.

imagine the state of california arguing that it needs to regulate conversations. >> where did doctors learn to follow what the state wants them to say? we have board exams not based in law. we are not taught the law, to respect the government. the state is arguing that doctors have no right to do that and they have to have to say whatever the state wants them to say without specifying what that is. >> the judges seemed skeptical. >> this is an interesting situation. with covert and what it is and how it has come about and the disagreement and what we do about it, to pass a statute that

addresses this topic, but it seems odd. >> it is anathema to science overall. >> science evolves. you don't have good science without disagreement. for them to say doctors have to follow some arbitrary set of rules they are not defining and writing means they have no idea what they are talking about. this is not about covert. it is about control and they are not trying control something buried. it is the first amendment. they are flagrantly throwing it in the trash.

>> hearing aids may slow mental decline in those at higher risk of dementia. this is significant. >> it is a big deal, based on a large study that is well-controlled, and what it showed as there is a strong association between perception. for the brain to maintain its ability to function, you need to get constant stimulation. it shows you we need to expand access to hearing aids and visual aids. anything we can do for elderly people to keep them from losing their senses will preserve their normal function as well. >> if you have a hearing problem, is that detrimental to your health on its own? >> they can get hit by cars, they may not be able to receive

information. now we see there are bigger problems. >> los angeles is hoping to bail on cash bail. ashley is lined with more >> illinois will be the first state in the nation to eliminate cash bail. dozens of shares and state attorneys brought a series of lawsuits that put the safety act on hold since january, arguing and ending cash bail would put the public in harm's way. the supreme court upheld the law 5-2.

>> focusing on whether or not someone has money, we are focusing on whether or not they are a risk to the public. >> they are considered to be flight risks or a danger to the community but it only hurts poor communities where most crimes happen. >> how do you deter criminal activity? by people being locked up. >> los angeles county unveiled its new policies. nearly all defendants who were accused of misdemeanors or nonviolent felonies will be cited or released or freed with certain terms and conditions. misdemeanors such as stalking and domestic battery will

require cash bail and a violent felony ranging from murder to rate will face hefty cash bail amounts. >> great to have you on. a person's ability to pay a large sum of money should not be the determining factor in deciding whether that person presumed innocent stays in jail before trial. >> that is not the issue. that is what determines a person is kept in custody or released on their own recognizance. >> it incentivizes and fosters a

sense of responsibility and people. they tend to follow the court's rules when they have something. it is not magic, it is money. >> a new study, new felonies, 90% more often than those who posted bail. new felonies, 90% new often and new misdemeanors, 123% more often than those who posted bail. a lot of those mirror these numbers. >> this is the most relevant study. it is recent. he looked at people who were released during covert with zero bail versus people released on bail and it was an 18 month study, looked at a lot of individuals who were similarly situated.

>> los angeles, trying to follow suit. the crime in illinois is astounding. for murders over the weekend, 60 some odd people shot. >> we tried to be the first back in 2018. governor brown signed a law that was a zero cash law. it was challenged at the ballot box, prop 25 and california voters voted unanimously to keep the cash bail system. murder,, and manslaughter require bail. felonies including human trafficking and with a minor trigger a judicial review. what are they saying? we are going to think about those. >> we had a landmark decision

recently that said bail is constitutional but it has to be an individualized assessment. that is fair. it holds people accountable and takes into consideration the ability to pay. i deal with it in court. we are arguing about bail. judges are implementing the supreme court decision and not the statutory zero bail policies. >> thank you for coming on. >> a santa monica city councilman has first-hand experience with homeless crisis. he was targeted in the biggest shopping area and here's what he says happen. >> he was tearing fires off a storefront, throwing them on the ground and i said, excuse me, can you put that in our trash can over there. he exploded with bad language.

>> he said the homeless man tried to shove him in and steal his hat. councilman brock will join us in the coming days. >> i don't want to go on the metro and go around this area after dark. >> the wave of homicide stoking fear on college campuses. three people have been killed on or near catholic university in the past few weeks. a construction worker was shot and killed recently on howard university's campus less than 2 miles away. five teenagers shot in new york city in the span of 12 hours. one is an aspiring mma fire killed by a stray bullet. another was wounded by a group

of teenagers and three others were struck when a gunman opened fire in times square. nearly 60 kids under 18 were shot during the first six months of 2023. >> the day of her disappearance, birmingham bus station was searched. on july 13th, a search for the movie taken, a film about subduction, was conducted. there are many questions to be answered but only carly can provide those answers. >> she disappeared for two days after calling 9112 report seeing a toddler on the side of an alabama interstate. when she came home, she told police she had been abducted. investigators say they have no evidence to support her claim. our next -- christopher joins us

with the proof next. >> a couple of the biggest summer blockbusters are hitting theaters, known as . should you go see them and support the big movie studios or stay away and support the actors and the writers on strike? let us know on social media. we will show you the results and read the best responses in the nightcap. here is a fox news at night trip across america. a live look at seattle where the sun is about to set. on to the mile high city of denver, where the sun is down but the night is young and finally, a live look at the big apple, the city that never sleeps, and neither do we. set your dvr and watch us any time.

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goli, taste your goals. >> stopping drug addiction is the better way to save lives than normalizing drug use by handing out paraphernalia. if we implement the policies in san diego we should expect the same results. >> san diego says no to a safe syringe program. the decision comes after san diego applied for a mobile unit to provide injection equipment and save smoking supplies to substance abusers. providing drug paraphernalia is a step too far.

>> and it is at the expense of our people. we must say no. no. >> delivery workers and officials made their voices heard outside the transportation authority, part of the first meeting about a congestion pricing plan. tromp, is hosting a screening of the sound of freedom at his golf club. the film currently sits at number two on the box office charts, raking in more than $85 million since july 4th. fans will be pleased to find out the faith-based show was one of the first exemptions from the actor strike. creator and director told "usa today" that the show will continue filming season four on

monday. u.s. public schools appear to be ground zero for cultural cla clashes. let's bring in the author of america's cultural revolution, christopher. thank you for joining us. i want to put this up on the screen from education week. it says the hard right once their political base to believe public schools are filled with woke radical leftist educators who use the classroom as a soapbox to make white students feel bad about the sins of their forefathers. the mission is to stop wokeness let this rest on the assumption that wokeness exists in public schools. you don't with this topic today. what are your thoughts? >> it is totally false, a way to evade the real question. i have exposed example after

example of far left critical race theory and schools all over the country and during the moment of 2020, when parents had their kids at home, parents saw what schools are teaching. that left to this grassroots uprising. they try to hide it but they cannot hide anymore. that is why there is such a demand for school choice. all of these parents going out the school board meetings. >> now you have cambridge, massachusetts, where you have these middle schools that have gotten rid of algebra one and the school superintendent says we have a huge focus on addressing the academic achievement gaps and the opportunity gaps in our community. they are not interested in perpetuating those gaps. we are going to lower the standards again. why not?

>> this is cynical. it is a devastating admission. there are two ways to reduce inequality. you raise the performance of those at the bottom or you lower the standards for those at the top. i have given up trying to improve student performance. they are trying to abolish the standards altogether. this happens when you get radical left to want to teach crtv rather than reading and writing. it is a disaster for kids and these people should be voted out. >> this is from nyu. new york university hosted an all white antiracism workshop for public school parents, refusing to include minorities and a move experts are calling discriminatory. and all white antiracism workshop. >> i profile a number of

examples of left-wing activists separating people by race. this is where this ideology leads. it takes us back to the days of judging people on the basis of race. they may have flipped the script but it is the same thing. we have to treat people as individuals and stop dividing people according to group identity. >> the the book is america's cultural revolution. thank you for joining us. >> jason all been fighting allegations of racism in his latest music video, accused of touting guns and violence because he supports small town values. our power panel will weigh in next. still to come, a mystery object washed up on a beach in australia. what it could be and why did this camel take a lunch break and downtown philly? today's best viral videos, next. g migraine with qulipta®?

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>> jason al deen is the latest target of the left. they say the location where he shot the music video says a lot. how he is responding. good evening. >> his new song, try that in a small town centers around people and a small town taking care of their own. critics allege it is racist. cmt has stopped airing the video. there are real clips of rise in violence crime. it was filmed in front of the courthouse once part of a lynching. justin jones condemned the song

for promoting violence. some of the lyrics include stomp on his face, light up a flag. good luck, try that in a small town. the song has skyrocketed to number one on itunes and i'll dean is standing up for his song, tweeting there is not a single lyric in the song that references race and not a single video clip that is not real news footage. >> we covered that in depth.

thank you. the common sense department is confused by the controversy surrounding try that in a small town. they read the lyrics and they seem crystal-clear. it is not welcome in small towns. if the singer is inferring anything in his video, it is that riots and lawlessness will not be tolerated. they say he is radicalizing his fans into white national vigilantes. they gleaned that from a line in a song that says got a gun my granddad gave me. common sense pulled up a few rap song lyrics, talking about clearing cops, rating women, assassinating presidents. they are actual lyrics.

if you sing about respecting police, the flag, and each other, it is a dog whistle for nefarious intent. common sense was raised in a small town and thinks jason al dean is correct when he refuses to apologize for his love of country and family. >> let's bring in the founder of gillian anderson and thank you for coming on. the song is number one for a reason. people are pushing back, saying it is too much. >> i am not sure who is offended, he is representing a small town like the one i grew up in. communities have each other backs and we support our police officers and support each other.

how dare you come and attack our community. that is all he is talking about. >> even people in small towns, there is nothing small town or violent. this is not american or small town like. it is lame. it is promoting consequences that come after violence. >> it is hard to avoid context here. we are in a different climate. jason has every right to write songs and express himself. we are in america, we have the first amendment. he is entitled to it. maybe in this climate, it might

be tone-deaf to the sensitivities that are happening, not to say he necessarily needs to be mindful about it. >> justin jones said we condemn the lines. we will continue to call for common sense gun laws that protect all of our children and communities. the point now, he is making stuff up. he is making stuff up. it was racist. you cannot make that claim. >> it is absurd. nowhere in the song is racist or promoting violence. we look at other songs, these

are the lyrics to the number one that no one had a problem with. that whole music video portrayed him as the devil and a video of him seducing the devil, but that was okay. there is a double standard when it comes to the hollywood industry and we are seeing that, the silent majority is not staying silent anymore. all of the songs, they are shooting up in the charts. we just saw a sound of freedom. the entertainment industry is not representing american people and i applied jason and his wife for representing the people who feel lost. >> i was impressed with the song

because it talked about the value of small towns. i am shocked by what i am seeing in this country with people trying to cancel the song, jason, his beliefs. >> people who come from small towns and smaller areas, sheryl crow said she did, they have a different view of this song and the lyrics. >> people are connecting with it. below his youtube, you are seeing so much support. georgia is a stand your ground state. we cannot forget that. it is kind of a stand your ground kind of message. >> thank you for coming on.

>> today is hump day. a camel was spotted in philadelphia where it helped itself to a hoagie roll. it turns out it was part of a photo shoot for a back-to-school ad. we got an up-close look at the drones lifeguards are using to spot sharks off the coast of long island. a cylindrical object washed up a few days ago on a remote beach and it might be space junk.

♪ ♪ >> a fan at a concert in salt lake city had to become part of the show. we don't condone this behavior, but bryan adams took it in stride and picked up the lyrics right where he left off. if you have a viral video to share, send it over. actors are on strike. will you skip out to support them or will you go to the movies anyway? it is kind of a pickle, but it is the nightcap topic. there is time to weigh in. the nightcap crew is next. a live look tonight at the

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>> we are back with the nightcap

crew. blockbuster. they are worried about not getting fair compensation and a streaming world. barberie and oppenheimer are being released. should we go to the theaters and stay away to support the actors, or go and support the big movie studios? >> i am a big movie fan. i love movies, i would go to the theater and watched two a week, sometimes three. i want to support the actors and actresses who deserved their fair share. i will not be going. >> if you go to the movie, you are given the elbow of the actors and you are supporting the people who are making millions of dollars. >> i love movies and i feel for them, especially when it comes to compensation, but i have no personal tie to it.

i don't think i would go to the movie, regardless. i would wait until he came to a streaming service. >> if you watch it in some capacity, streaming service or something, you think you are supporting both but the actor say you are supporting them movie studios. >> i have not been to the movie theater since before the pandemic. >> you didn't see topknot in the movie theater. >> i want to see oppenheimer in the theaters. >> why is everyone so excited to see this? >> it looks like a well done film. i want to see it. >> i was under the impression that you should go to the movie so you can help the people who acted in the film when it was being made. don't they get a percentage or something. i thought that would help the actors but i am hearing you should not. >> should we go to the theaters?

59% yes, instagram, 68%. >> if you like one a lot, go see it. you only read about the stars with huge salaries. the average actor has a more difficult experience.rd thank yo au all.ay. thank you for watching america's late news. so betty can be the.. barcode beat conductor. let's be more than our allergies! and for fast, allergy relief with a powerful decongestant, try zyrtec-d. yeah, everything's taken care of. -hey, jamie. -oh, what am i up to? just visiting a special secret client. i can't say who it is, but let's just say she bundled her dream house and her dream car

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we are the bidens and we have all of these questions, yada, >> the irs whistle-blower hearing is still underway on capitol hill, we will continue to monitor it. welcome to "the five," everyone peered i'm greg gutfeld come along with judge jeanine pirro jessica tarlov, jesse watters and kennedy. it's called "the five." ♪ ♪ the hunter headache getting worse for the white house. a second irs whistle-blower coming forward and testifying before congress right now. justin ziegler revealing his identity for the first time and confirming that the biden doj cooked the books in the hunter tax probe.