we are out of time. thank you, julie, michael, our studio audience. fox news at night. trace gallagher is next. love you, america. good evening, i'm trace gallagher. it's 11:00 p.m. on the east coast. this is america's late news, "fox news at night." a california businessman called the cops 50 times in 25 days to report a homeless woman defecating in front of his shop. the tstory of how he ended up i handcuffs. we're getting answers to the biden administration interfering in the hunter biden investigation. the u.s. attorney will go before

congress. we begin with a victory for parents rights at another contentious southern california school board meeting. we have more on one district refusing to keep secrets from parents. good evening. >> this new policy regarding transgender students was fiercely debated at a school board meeting just east of los angeles, garnering national attention. >> this could result in abuse, hate crimes. >> please follow through what you will do because nothing is more important than protecting our children. >> the school board voting 4 to 1 last night in favor of a new rule that requires school staff notify parents in writing after a student request to identify with a different gender than what is on their birth certificate. state superintendent opposes the

policy. he says it tramples on the safety and rights of students. he had a heated exchange with the school board president if favor of the rule. >> no order. this is not your meeting. if i did that to you in sacramento, you would not accept it. you're not going to blackmail us. >> thurman was escorted out of the building. the school board preponderate said he's received backlash for supporting the parent notification policy. in a statement given to fox news at night, she said, quote, i am so disheartened that i'm getting death threats on my life because i want to keep parents involved in their students life. i'm saddened. this is what has come to be because parents want to be involved in their children's life. thurman says he plans to challenge this new rule on a state and federal level. >> we are hoping to get the

school board president on the show soon. thank you. let's bring in the co-author of the new book mediocratiy. it's always great to have you. it's amazing to me that the california superintendent of public instruction is literally fighting tooth and nail to keep secrets from parents. what do you think about this process? >> it's really disgusting. we have some people here in 2023 fighting to keep sexual secrets from parents when it comes to their own children. it's ridiculous. this gives me hope, this whole exchange. they voted 4 to 1 to keep parents informed. freedom can ring even in communist california, a deep blue state if parents become involved in their children's education. get involved in the local school board races because most of the

electorate, they support parental rights and education and don't believe your kids belong to the government. >> it's amazing to me. i want to put this up. this is california attorney general and i was really kind of taken aback by this comment. i want to see what you think about it. he said the following, our school should be protecting the right rights of all students especially those most vulnerable and should be safeguarding students rights to fully participate in all educational and extracurricular opportunities. suddenly, changing gender is an ex extracurricular activity. i'm a little confused. >> it makes no sense. having importants more involved with their childrens personal lives and education should help educational opportunities. you had another statement come out saying this was all about privacy. it's not really privacy if someone is knowing the information. it's either a government employee or the parents knowing. if parents are more involved the

children are more likely to be safer in the long run and less confused about their identity if parents are involved in the conversation. >> it really is stunning. it's amazing to me. i want to put this up on the screen. this is a live look. it's happening right now. this is a school board meeting. emergency school board meeting helping right now in the temeculah valley school district. they are fighting against curriculum that is sexualized. what the school board is saying, as you probably know, but for the audience is they want parental involvement and want any kind of sexualized curriculum not to be taught in anything before 5th grade. it's fair question. gavin newsom is threatening to penalize them some $1.5 million and pass the laws to make it more difficult to ban these types of textbooks. what's your thought? >> it's just insane that we come

to this point where they are fighting to keep secrets from parents and include sexually exp explicit content in the school. they can't get the basic right. the nation report card scores came out finding decades of learning loss and they want to shift to political pet projects. they were just to focus on the basics what parents want, you'd have a lot more happiness involved in this conversation. you wouldn't have so many parents irritated and having to show up at the school board meeting. stop treating the children like they are your political pet projects. let parents decide for their own kids. this is why school choice is super important. it will reach a point that where there's a breaking point in california where parents get so fed up that they demand to be able to take their money somewhere else, maybe a private school. >> they are getting fed up. i can tell you that. it's great to have you on. thank you. >> thank you, trace.

the u.s. attorney who led the federal investigation into hunter biden will now appear in front of the house judiciary committee. the senior national correspondent is live in the nation's capitol with more on this. good evening. >> good evening. the word from gop congressional lawmakers is we want answers and we want them now. the man charged with leading the federal investigation into a billowing corruption case, possibly involving the president of the united states and his son, hunter, will appear before a congressional hearing. david wise expected to participate in a hearing with the house judiciary committee at a date to be determined later. gop wraps jim jordan of ohio, james comer of kentucky and jason smith of missouri revealing that the doj informed congressional leaders that weiss would answer the questions. one of the whistle blowers that challenged the notion this investigation has been by the book, tells fox news tonight

that he did the right thing for the right reason. >> at the end of the day, i think it's my duty, my sworn duty as a federal law enforcement officer that i come forward and i tell the truth. i come forward. i presented evidence. there's a process that we're given in becoming a whistle blower. i think that's the most important thing. look at everything we presented to congress, to the house ways and means committee, none of it's been refuted. >> important to point that out. none of it has been refuted. hunter biden's lawyer pinning a letter to congressional lawmakers seeking an ethics review for marjorie taylor greene. they came from the laptop

belonging to mr. biden and greene suggested hunter biden trafficked prostitutes across state lines which is a crime he's not been charged. >> one of the big takeaways was basically that nobody has come forward, just like you said, and refuted the charges brought forth by the irs people. i think that's stunning. back to you in a bit. thank you. let's bring in former fbi special agent nicole parker and joe moreno. thank you both for coming on. i want to put this up. this is a sound bite from whistle blower number two. we'll get your take. >> if he needs to go outside the district, he needs to ask president biden appointed u.s. attorneys to partner with him. if they say no then he can go back and ask for the special attorney authority. he was assured he would be given this. all i saw was a verbal assurance. >> the bottom line is we still don't know whether weiss had the

privilege, if he had the power to charge or not. it should be interesting when he goes before the house judiciary committee. what are your thoughts? >> it sure should. i've been on record saying let's give david weiss the benefit of the doubt. it's hard to ignore a few things. the hunter biden deal is extremely lenient. if most of us failed to pay $8 million in taxes t, we would not off so lightly. we heard from whistle blowers that serious impedements was put in the path of their investigation. david weiss was in charge. what happened there? what really gets me, the third one is they were instances where these investigations were drawn out so slowly that time simply ran out to bring charges in certain years. that's inexcusable. i think it's a lot of explaining that david has to do. >> you talk about inexcusable,

nicole. former ag bill barr gave this 1012 1023 that's been released. weiss' team never gave it, imagine if you're an investigator with the irs, never gave it to them. that's a big missing piece of the puzzle. >> in listening to the whistle blower earlier on, he said i never heard or saw this. he also never had full access to the hunter biden laptop. even with that being stated, he still had sufficient evidence following bank records to do multiple charges both felonies and misdemeanors and it has been approved and all of a sudden they are like we're not going to charge. i would like to hear from the ausa or u.s. attorney's office who e declined be charge. i would like know that and understand that. americans want transparency. they feel there's an unfair

justice system going on in this country. >> i got a minute left. joe, what do you think? there's a lot of talk about the doj might be protecting hunter biden. were they protecting hunter biden or protecting joe biden? >> joe biden could clear this up in about ten minutes. he could explain that four out of the last 50 years, i was in the private sector. if millions of dollars flowed into my family, he could explain, where did it come from and what was it for. he's not going to do that as long as democrats circle the wagon and the media, let's face it, most of the media is not covering the story. joe biden will slow walk this until he retires. >> nicole, the last thing you would like. what's the next piece of evidence you want to see come forth in this story? >> i want the truth. i want transparency. i want accountability. i think there are so many pieces

that coming together from the irs whistle blowers, these are cre credible whistle blowers. they deserve to have an equal justice system. >> great to have you both on. thank you. >> thanks. >> first up in tonight's crime crisis round up video showing the moment man bolt ed from a massachusetts jewelry store holding a 16,000 link necklace. the store owner chased him out the store and down the block. the suspect tossed the necklace. a good samaritan picked up and gave it back. the suspect has not been identified. . [ bleep ] [ bleep ] [ bleep ]. >> that's new video from tmz showing a new angle of last week's confrontation aboard a frontier airline. flight attendants tried to

restrain two women from going after other passengers. they were met by officers at the gate. >> it's a crime. it's a criminal act for the federal government to allow this city to be called a sanctuary city with no plan. migrants gone wild. threatening the seniors, busting out car residents and this is unacceptable. >> chicago residents now calling on police to investigate after their neighbors were assaulted by migrants staying at a former school building. community activist call before the asylum prosecess to be sped up. they do not feel safe. chicago, is a sanctuary city, if you don't know. >> i'm not willing to just let somebody walking down with a beer in his hand. that's not the right behavior for this city. i was closing the security gate. next thing, got punched. >> a small business owner in san francisco says he was punched in

the face after he told someone to stop urinating in front of his shop. the punch left him with a bruised eye and cut on his forehead. the attacker has not been identified. >> the fox news at night common sense department wants to let you know in california you can urinate and defecate in front of somebody's business repeatedly with zero consequence. common sense knows this because when a san francisco businessman got frustrated with a homeless come doing just that, he sprayed the woman with a hose and got arrested for misdemeanor battery. his sentence, 35 hours of community service. he acknowledges that he should not have sprayed the woman and says he lost his temper but also says that san francisco has lost its mind. on top of being arrested the man was told the homeless woman could not be moved or prevented from defecating where he was pleased. he was only told that after he

called authorities 50 times in 25 days to complain about the defecation problem. common sense wonders if the framers ever considered what would happen to a society that refuses to punish most criminals, drug dealers and drug addicts. every one gets a free pass except the business owners and residents. the mamas and papas once wrote a catchy song about an idyllic state and said the title was the first thing that came to mind. common sense wonders if the song was written today if california dreamin would still be top of mind. let's bring in the dean of pepperdine university. it's great to have you on. the san francisco shop owner who got punched in the face, i want to play some sound from him. i will get your take on this. watch. >> i can't believe i live in a city where people with punch you in face. guy ran off.

probably won't find him. i'm [ bleep ] fed up with this city. >> when you have three bleeps, you know they are fed up. people are fed up. people are tiered and thinking what is happening to our society. people are like i'm getting out of here. >> that's happening in the cities and state of california to put it into a little bit of context. california has 30% of america's homeless but 50% of america's unhoused. 50%. a lot of that has to do with the same problems that you brought up. anyone who studied this problem knows it's been all carrots and no sticks. we provide a lot of housing but there's no requirements to enter into sobriety programs or no charges against criminal behavior. >> he tried to play by the

rules. he called police 50 times in 25 days. he says can you help me out? what can i do? he got nothing and got frustrated. he acknowledges he lost it. people are like what do we do? we don't have any options or resource. >> right. we're not addressing the crimes. if you don't address these lower levels of crime, you will see the higher levels of crime. we're seeing that in california's major cities and much of it is being committed by the homeless. >> the sacramento da is investigating the homeless effort. he is moving to force the city to engage in consistent enforcement of its own ordinances against camping and blocking sidewalks and entrances to businesses. this is an outlier in california. we have the far left das and some guys saying you have got to enforce the homeless policies. >> you have a couple of cities.

in san francisco we had the recall of the da. we have a new da there. we don't have one in los angeles. i would say that really for some, they are understanding this is just about prosecuting and defending the laws that are already on the books. >> yeah. i want to put this up. it's a live look. we showed it earlier. this is the school board meeting. this could get contentious because what's at risk is the school board, as you probably know, the school board does not want sexualized curriculum under 5th grade. the governor is saying we're going to fine the school $1.5 million and pass laws that they can't ban books. a lot of people, including one of the congressmen in san diego says, listen, gavin newsom are bullying those not on his team. >> gavin newsom likes to portray himself as man who supports freedom. he's out there campaigning in

texas it's all about freedom. it's not about freedom if you're going to put the school books out that he doesn't approve of. if these continue to be the direction of gavin. this progressive freedom that limits what can be taught in the schools then you will continue to see parents stand up. >> gavin newsom is not being honest. he is giving some bad facts. great to have you on. thank you. >> the largest tech giants in the world agree to artificial intelligence safeguards but the question is how exactly long can that last? later in the night cap, a san francisco woman gave her boyfriend a performance improvement plan and it turned their relationship around. the plan involves shared a note that listed daily and weekly tsa it cans, notes on work to work on, weekly retrospectives. let us know. we will show you the results and

read the best responses coming up in the night cap. 8:21 here on the west coast. 15 seconds before 8:21. here is a fox news trip across the country. a live look at the city by the bay. we have talked about it a lot. sun is going down. crime still going up but a great look there at the city by the bay. now onto music city usa where it's 10:21 as the bar on broadway on a friday night in nashville are beginning to fill up. finally, a live look, ocean city, new jersey where a jersey shore weekend. set your dvr, dang valuable ratings. watch us any time. we'll be right back. nsylvania. financial well-being to me is knowing that i can be free to do the things that i love to do.

i hope when i retire someday, they say, that guy made this place a special place to come to school and gave as much as he could to help the community.

>> seven of the big tech companies have agreed to set an artificial intelligence safeguard. steps the president said are for managing enormous opportunities and risks by the technologies. we have more on that story. good evening. >> some of the big tech top leaders including elon musk have warned the most advanced artificial intelligence schools present profound risks. it's something the white house has pushed them to fight harder against. watch. >> the companies have a duty to earn the people's trust the make informed decisions labeling content that's been altered or ai. >> seven companies, include meta, google and amazon agree to

set artificial intelligence guidelines to address economic and security concerns. this is threats to democracy. >> we're going to need new regulations. they will need to be balanced and promote safety and enhance opportunities for innovation. >> while president biden has taken executive angsction on ai critics excess skepticism to rein in ai op. trace. >> indeed. ashley, thank you. let's bring in a former member of the san diego county board of education, ai expert. it's great to have you on. this is from james cameron. he said this about ai. it might be valued warning.

watch. >> i warned you guys in 1984. you didn't listen. if we don't build it, the other guys will build it. it will escalate. the whole things at a speed that humans can no longer intercede. >> what do you think? regular the terminator, arnold played a robot. the military has robots and drones that they use to kill the enemy. however, with ai, they might have these drones and robots that operate without human control. they will be able to identify

human combatants. what if they make a mistake? are we really going to let robots kill medpeople? >> it brings us to our next subject which is ai helping cops. we know we have them on records of helping cops identify drug traffickers by analyzing their traffic patterns. the cops pulled it over. a lawyer told forbes the following, this is a systematic development and deployment that invades societies reasonable expectation of privacy with no judicial oversight. this type of systems operates with every officer access to it. this is a big privacy issue where you're tracking people without their knowledge. >> with the defund the police movement, police officers get all the help they can get. they are utilizing ai because their staff is short.

ai is helping law enforcement go ahead and find criminals. i was a former police officer. i can tell you when i pull somebody over, i needed probable cause. can you imagine if computers with ai start surveilling your text messages, phone calls and social media and determine mark p powell, he's up to something no good. can you imagine where we'll go down that road? >> this is video you took of an ai robot waiter. you're seeing more of this now. maybe we don't have the video. it's the video of the robot. the question is what's next? >> i'm wonder why our administration is not taking lead in this and allowing tech people who have a financial interest to be running the show. can you imagine if we had all the pharmaceutical companies saying we will certify our drugs and we don't need the fda.

i think the biden administration needs to take a lead and needs to start regulating ai. once it's out of control, just like arnold said, i'll be back. >> great to have you. thank you. >> thank you. >> new information about the man suspected in a series of killings in long island, new york and where he committed one of the murders. here is nate. >> he's not shown any emotion. >> tonight suspected long island serial killer is on suicide watch at river head correctional facility. >> he's in a special type of garment that will prevent him in any self harm. he has no sheets inside his cell. >> an extra correctional officer is in the housing unit and additional cameras are installed to ensure his safety. he has no other contacts. >> he's not requested to read a

book. he does have access to newspapers but he's chose not to read the newspapers. he's been laying on his bunk one time looking at the ceiling. >> the 59-year-old father of two is still waiting for his first visitor two days after his wife of 27 years filed for divorce. a source familiar tells fox investigators believe he murdered one of his victims inside his family's home. something the district attorney disputes saying the location of the murders were never specified. with the search of the home on day 8, prosecutors are trying to learn the true scope of his crimes beyond the three murders he's charged with. >> we will continue to investigate those individual murders and simultaneously we're going to continue to look at the

other cases as well. >> investigators are reaching out to former sex workers to find any possible new connections to rex. so far they haven't found any. police tell fox they will continue looking for evidence at the family's home through this weekend. trace. >> thank you. coming up, a plastic surgery promotion promises the complete barbie makeover. psychiatrist will join us on how hollywood's beauty standards affect young girls. >> first, all you need to complete any project or dress is just a little bit of duct tape, maybe a lot. one homeowner get a front row seat to backyard bear brawl. the day's best viral videos, next.

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as a barrier th. it's being installed as part of operation lone star. the governor said we will continue to deploy every strategy to protect texans and americans and migrants risking their lives. we will see you in court, mr. president. >> transportation secretary says his department is investigating while passengers on delta airline remained on flight while temperatures reached 111 degrees on the plane. the flight was cancelled all together. >> you get your nails, hair. you get picked up in a pink corvette and whatever you may need, a body surgery, face surgery, we'll get you as close to your barbie of your dreams. >> a new york plastic surgeon is

offering a complete barbie makeover for price of $120,000. dr. fixing said so far only three women have taken him up on the promotion. time for the release of the blockbuster barbie movie. he did sell one additional ken makeover for only $100,000. let's bring in someone youuniqu qualified to talk about this, psychiatrist. i think it's kind of amazing. 120 grand. that's 360 grand. that's 460 grand with ken. he will do fine. the whole idea of getting a whole barbie makeover, what's your take on this? >> i'm not going to point fingers at the surgeon. he's just capitalizing on the latest trend. it's been barbie everything since the movie came out. the problem i have with this is that trends change. right now the trend is all barbie everywhere, every time. trends change.

the standards of beauty change. we will run to mutilate our appearance every time there's a new trend out there. don't get me wrong, i'm a proponent of plastic surgery. i've seen the impact it has on people who immediate to change things to feel confident. i get it. when considering going under the knife, take a step back and consider the why. why am i doing this? is it because i'm trying to get on the latest trend or do i need it to feel better about myself? think about the why. >> are you more concerned about plastic surgery the younger people are? is that what you're concerned about they want to change the way they look? >> always. they are the most impressionable. they are the most vulnerable. my concern is always for that group. not the 45-year-old adult. >> i want to put this up. this is harmony health care. 88% of women have barbie doll

and it changes the way they feel about their body. the most common body parts they compare are waist followed by legs, hair and chest. healthy or no. >> look at the proportions of a barbie. there are people that look like that but the average person doesn't look that. they are been changing their marketing and advertising more realistic type of barbies and all different professions and different body types. they are headed the right way. the stereotypical barbie i grew up playing with wasn't realistic. >> tony bennett died today. he has alzheimer's. he was still singing. are you surprised by that? >> there are different types of memory. one is called especpisodic.

the other is procedural which is knowing how to ride oo bike. episodic is the first to go with alzheimer's. procedural is preserved until the late stages of alzheimer's. he was diagnosed seven years ago. the prognosis is between eight to ten years. there are people who have lived longer. eight to ten year mark is usually what to expect in terms of prognosis. he was performing into the five year mark. he had the procedural memory in tact up until that point. >> 96 years old, does that prize you or no? >> no it doesn't. people who are diagnosed over the age of 80 have the best prognosis. he was one of them. >> it's great to have you on. thank you. >> first up in tonight's viral videos. a trip the the london zoo where penguins have their swimming

lessons. it take weeks for baby fuzz to be replaced with water proof feathers. they will continue to practice until they are strong enough to join the adult birds. >> arizona brought in units to slow two wildfires that cover 3500 acres. the fires are close enough together that authorities are fighting them with one large operation. 150 personnel have been assigned to that fighting. >> check out these prom changes made of duck brand duct tape. theeds are two of the runners up in the stuck it prom contest. eligible students were required to create a wearable gown or tux. the two dresses took a combined 37 rolls of duct tape. >> drink water or gatorade. the water is better for you. >> an arkansas police officer needed break from heat by taking a moment to hang out with a few

kids in the shade. the little rock officer sipped water while giving out tips on staying hydrated. the highs in little rock have been nearing 100 degrees this week. a florida homeowner was stunned to find not just a black bear mom with her cubs in the backyard but another bear that jumped over a fence and started fighting ufc file with the mama bear. the homeowner sounded an air horn to scare them away. mom and her cubs left unharmed. if you have a viral video to share, send it over at trace gallagher. >> up next, how would you react if your significant other gave you a performance improvement plan? complete with notes on what you need to work on for the relationship. there's still time to weigh in on twitter and instagram. the night cap crew is going to have some fun with this, next.

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>> we're back with the night cap crew. tonight, the topic is partner probation. a woman from san francisco recently posted a tik tok about

how she gave her partner a p.i.p. a performance improvement plan. it included daily and weekly tasks and notes on what her partner needed to work onto improve their relationship. she conducted weekly check ins on his progress. what would you do if your partner gave you a p.i.p., ashley, i'm going to start with you on this one. i just got to hear it. >> it's like a sick joke for the future for that guy. i would hope that he left, but no. i would find another significant other. if she doesn't like what she's doing, go find somebody else. >> it really is fascinating because kevin, i was looking at this thing and the list of the things they were checking up on and it's like you've got to be on your best behavior at all times and check these boxes. if you don't improve on these things well you're on thin ice. if someone will say you're on thin ice unless you get this checklist going, you have to

think, really. i don't buy that. your thoughts. >> how many billions of people are there in the world? is it like five or six or seven. hit the bricks. if you don't like me, i'm certain i can find somebody else who thinks i'm just fine. >> this is why we still have the psychiatrist here because we need some of this. a little analysis for all of us here. the question in all of this becomes is that the concept is maybe this is good for a relationship. maybe this is one of those things where if you do this for me, i'll do this for you and maybe it's a quid pro quo. >> that's what they are claiming. i would give him a test of his own medicine. if my partner does that and put him on an improvement plan. it has to be a two way street. >> what if the whole thing is you put him on one, would you expect him to live up for it or

is it a guide? >> in all seriousness, if it's presented respectfully and an attempt to make the relationship better, i would try to oblige but he would have to do the same thing. >> i have to do the night cap poll. how would you react if your partner gave you a p.i.p. twitter, i'm out. instagram, i'm out. the point is, it's a bad idea. michael says i would counter with a pip for her that would include packing and moving. china says pull a nancy pelosi and rip it to shreds. stacy, buy him a vacation on that cruise we had last night. i'll save the best one for last. christina go ahead. >> absolutely not. eric is watching. he wouldn't fix his lips to say this. >> eric is upstairs.

he's upstairs watching this. >> he knows better. >> the last one is bill matthews. he says schedule her for a visit on the flight deck calling nurse ratchet. ashley, kevin, thank you for joining the night cap. thank you for watching america's late news. i'm trace gallagher. have a great weekend. see you back here on monday. mo re efficient routes... ...so you can deliver more value to your customers. fast. reliable. perfectly orchestrated. the united states postal service. listen, your deodorant just has to work. i use secret aluminum free. just swipe and it lasts all day. secret helps eliminate odor, instead of just masking it. and hours later, i still smell fresh. secret works! ohhh yesss. ♪

my name is brian delallo. i teach ap and honors economics in pittsburgh, pennsylvania. financial well-being to me is knowing that i can be free to do the things that i love to do.

i hope when i retire someday, they say, that guy made this place a special place to come to school and gave as much as he could to help the community.

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oh, he's straight ahead. he's straight ahead. straight ahead. go go go. ♪ cover more ground in the kia sportage turbo-hybrid. kia. movement that inspires. ten straight days. here "the five." ♪ ♪ hello, every one. i'm judge jeanine. it's 5:00 in new york city. this is the five. the white house going the extra mile to protect the oldest president in history while the democrats unleash on his biggest rival. politico reporting biden dow