my office and he said, coach, i will give my scholarship. i never seen anything like that, ever. >> zach was struggling to pay school and he gave us full ride scholarship. so i went back to garland texas to do a back to school giveaway. >> it was great ♪ ♪ ♪ o, say can you see by the dawn's early light -- ♪ what so proudly we hailed at the twilight's last agreementing? ♪ -- gleaming? ♪ whose broad stripes and bright or stars, through the perilous fight -- ♪ or the ramparts we watched

were so gallantly streaming. ♪ and the rockets' red glare, the bombs bursting in air -- ♪ gave proof through the night that our flag was still there. ♪ o, say does that star-spangled banner yet wave -- ♪ o'er the land of the free and the home of the brave ♪ ♪

will: we begin this morning with a fox news alert, a tragic update out of maui. now at least 80 people are confirmed dead after devastating wildfires. rachel: officials say more than 1,000 people are still unaccounted for as rescue and recovery efforts continue. joey: another fox news alert, washington attorney general merrick garland making a big announcement about the hunter biden criminal probe. >> i'm here today to announce the appointment of david weiss as a special counsel. on tuesday of this week, mr. weiss advised me that, in his judgment, his investigation had reached a stage at which he should continue his work as a special counsel, and he asked to be so appointed. a. joey: alexandria hoff is joining us live with the9 story. >> reporter: special counsel david weiss is the same u.s. attorney that fostered the probation-only plea deal for hunter biden that eventually fell apart and who let the statute of limitations run out

on the 2014 corruption case involving burisma. he will now lead the deepening investigation of into the younger biden's business dealings. house republicans are skeptical that this is a move that takes investigative power out of their hands. >> well, this is another example of the department of justice stonewalling and obstructing our investigation. i've been complaining about this for months. this is an investigation about joe biden, i don't think we need any more evidence to show that the department of justice is trying to obstruct our investigation. i think merrick garland made that argument for us today. >> reporter: can critics also argue or that under justice department regulations a special counsel should be selected from outside the the u.s. government and and that a u.s. attorney should not be the one to lead this. still, the legal jeopardy for hunter biden appears to be escalating, and his legal team weighed in. >> his title became special counsel today. his powers were the same yesterday. so what's different? it doesn't make any difference to us given what we understood

to be the case. so what does the special counsel do that he couldn't do? the answer should be nothing different. as to why now or why he wanted this as of last tuesday, that's a question you're going to have to ask him. >> i'm confident. >> reporter: so the white house says they were not informed before the official announcement was made. the president offered no response as he departed for delaware yesterday. [inaudible conversations] >> reporter: mr. president, are you under investigation? >> reporter: so as special counsel, david weiss will be under no deadline to conclude his investigation, that means it could stretch well past the 2024 elections. guys? will: thank you, alexandria with. rachel: will, i'm going to go to you, because with you're the lawyer: if there's no difference between his powers, weiss'

powers yesterday -- two days ago and weed when he was appointed special counsel, why did they make him a special counsel? will: to paper over an already-drawn conclusion. it seems to be a conclusion that was already expected from hunter biden's counsel. hunter biden's counsel says it doesn't matter if you change the title, it shouldn't change the outcome. david weiss arrived at a certain level of charges, we know that, it was what most are describing as a sweetheart deal that basically gave haunter -- hunter biden immunity for all the other things he's being investigated. david weiss said he didn't need special counsel powers. well, first, he asked for special counsel powers, whistleblowers said he was denied. then he said i had all the power i needed to investigate hunter biden, and weirdly now the response has been you can have special counsel powers. so those three actualities don't mesh with one another, they don't make sense, so there's no reason for this legally. it's simply something that is going to be done for cover

politically. rachel: but it seems like it's politically not so great for them because everyone can see how odd this is, and also why would you appoint, joey, the same person who tried to block the whistleblowers from pursuing lines of questioning into joe biden? i mean, it's so obviously corrupt. joey: optics of ab absurdity has not stopped this administration -- rachel: great point. joey: one thing that's puzzling to me about it, i guess, is kind of what will was just talking about. if you accept the fact that there needs to be some sort of change in david weiss' position, making him a special counsel, have to believe that means they believe they need to go back and look at evidence, maybe interview more people, have more authority to move charges, i guess now into a different district. but then david weiss himself has said, no, we interviewed everyone we wanted to interview, we were never told no, none of that's a problem. this really just comes down to

if you believe both of those things, then you have to believe merrick garland is simply doing this only to quash some of the criticism, not to actually -- the not necessarily change what he's charged with, but to further the investigation, i guess, would be the public, the public admission of why they're doing this. i think what's really important here is, and jonathan turley said yesterday, he was the first one on our network to really point it out, that this really kind of defines the the actual regulation as far as who a special counsel should be. and we have the regulation here, section 600.3 of the department of justice regulations, it says the special counsel shall be selected from outside the united states government. will, you may know a little bit more on this than i do, but regulations aren't law. basically, the law tells the justice department you must do something, and the justice department comes up with regulations how they will do it. so even though this guys that -- defies that regulation, there

isn't a legal resource. at the end of the day, the attorney general can appoint whoever he wants to. rachel: does making him a special counsel in any way change the investigation that representative comer and the house republicans are doing? will: well,ing that's a good question. only if we believe david weiss really had integrity and now has the freedom to pursue his integrity. rachel: right. will: as to the house republicans, i don't know -- rachel: can't he say, well, they wanted to bring him in. do you remember they talked about bringing weiss in for questioning himself? will: yes. rachel: now he can say, well, it's urn investigation. is that right? will: i guess, yeah, hide urn the guise of an ongoing -- under the guise of an ongoing investigation. gary shapley, that whistle blow. he's laid out on capitol hill some of the costs of, i guess, putting that trust in david weiss. >> the statute of limitations have been extended through an agreement with hunter biden's

defense counsel, and they were willing to extend past november 2022. weiss allowed those to expire. i don't claim to be privy to communications, but united states attorney weiss told us he was not the deciding person, that he had requested and was denied special authority after d.c. declined charges and that if california dekleins, he will have to -- declines, he will have to request special authority again. whether the full responsibility elis with weiss or garland is for, ultimately, the public to decide. rachel: yeah. i mean, he's right. and i guess in the eni just want to tie this whole topic up to go this is more than just about corruption and the biden family getting rich. vivek ramaswamy request yesterday when he was in iowa at the political call events there said i believe that it is deeply linked to the policy decisions, this corruption scandal, that the policy decisions that the

biden administration is making as we're discussing this right now, requesting billions of dollars of additional need without once articulating why this is in the u.s.' national interests. so i think it's also important to get beyond sort of the day-to-day match nations, legal machinations that we see going on and ask ourselves why this matters, and i think that's why it matters. joey: yeah. i think this has turned into a bit of a chess game between what appears to be republicans and democrats, and it really should be looking for truth. a. rachel: absolutely. jee e yeah from something very important to something that is paramount, which is life and death. a fox wildfire alert. 80 people, 80, are now dead from the devastating wildfires still sweeping maui. officials in hawaii are in recovery mode with 1500 still missing. as a new fire prompts evacuations in a resort area just north of the heavy hit town of lahaina. rachel: we're now learning that

the island's alert sirens never went off. the hawaii emergency services administration confirming that the alarm it tests every month were not turned on even as the fire started to spread. will: let's bring in former hawaii congresswoman and fox news contributor full city gabbard. tulsi, aloha. i know through your military service you're deeply connected to everything going on in hawaii. the number we have is 80, from my understanding, none of the buildings though have yet been searched there in historic lahaina town, so that number threatens to go much, much higher. what can you update us on this morning? >> will, to all of my friends, people that i've worked with over years, you know, i served in congress for eight years representing hawaii's second congressional district. maui is a part of it, so countless times i've been through the community of lahaina, ka'anapali is being

evacuated after a few hours ago. the impact on this community is just, it's hard to conceive of when you look at the catastrophe that they have gone through, frankly, are continuing go through. this crisis is far from over. there are still active wildfires there on the island of maui affecting a couple to other communities, some that are the only 50% under control. so this is not yet a community in recovery. there are people just trying to survive. will, i know you've spent a lot of time on maui growing up, you know that there is one road that goes through that town of lahaina, and a lot of communities that lie beyond that road as you continue to drive around the island. so as that community was completely shut off, i think only yesterday they reopened that road for residents only. there's a lot of folks out there who, you know, mothers who are on the verge of giving birth, there are families with no access to food or fuel or in

some cases clean water. we have community members literally getting on jet skis and boats going around and skirting this blockade that was stopping them from trying to get supplies to people just to be able to help their neighbors and friends. so it's -- can there's so much frustration, there's so much suffering, you know? the real mourning has not even been able to begin to start because of people really looking the how do i just get me and my family to tomorrow. rachel: do you know, tulsi, i'm curious about why this alarm system didn't work. have you heard anything else about that, any explanation? >> i've heard a few explanations, you know? the wildfire moved in a matter of hours from everything that i have heard from from really residents who were out there on the ground and perhaps there wasn't enough time.

i've also heard possibly the communications, the cell towers, the ability, even perhaps some of these alarm towers went out. there must be an investigation into this, why residents were not properly informed with time to evacuate. i don't want to guess to what the answer is, but there's a lot of different stories and reasons that are flying around right now. joey: tulsi, i saw a tweet yesterday, it wasn't from a government official, i think it was probably more than anything a corned citizen, someone who -- concerned citizen, but in the tweet, i found it interesting. they basically said, hey, listen, maui and this town, it's a small island, a small town, not big in importance maybe, but people. and the biggest military in the world is just an island away, a few miles away, a couple dozen miles away on oahu, and the idea of could they have done more, should they be with doing more

now? in other words, all these resources are right there, all these military resources are there, should they be doing more in maui today? could they have done more as this was happening? i don't know what resources could be helpful in a situation like this, but i do know there are ships in and out and a lot of infrastructure there. you're in the military, you understand this, what are your thoughts on it? >> yeah, joey, the answer to that is, yes and yes. you know, i'm not privy to what's going on in the op center there at any given moment, but it is hard for me to understand why there isn't, you know, a mass deployment of medical support going out to these communities, you know? you have the uss mercy, we have pacific fleet, we have so, so many professionals who in times of need in other parts of the world we have, you know, tsunamis and earthquakes in other countries across the asia pacific where the u.s. military deploys immediately to provide

that support. this crises is happening in our community right now. whether they are moving bebehind the scenes or not, i don't know, but the fact is this crisis has been going on for days. they could have and should have already been there deploying food, water, medical care. can you imagine the horrors that these families have gone through, the firefighters and first responders or have gone through? a friend of mine just told me his son is a firefighter and has come home telling them stories of the most horrific things he has seen. just support for people to be able to be go and talk to someone about what they're going through. i mean, it's need on every level. they should not only be focusing on the rebuilding, the rebuilding effort will be massive. there's no question about that. but right now we are still in survival mold. the people on maui are still in sur is vial mode, and -- survival mode, and every single facet of government, county, state the, federal, military

needs to be deployed to surround, wrap their arms around this community, let them know, hey, we're here for you, we care for you. will: yeah, it's hard to fathom, joey, the number of government resources that are not far away. you see the devastation on your screens, i have friends who are running their boats with supplies back to lahaina. hey, tulsi, i know right now is a recovery period, and i don't mean to make a lot of this, my mom is still there between lahaina and ka'anapali, and there will be plenty of time for this, an after-action report, but you have such unique insight, rfk jr. with tweeted this yesterday, and it matched up with something that is my personal experience. i grew up, the hills are full of pineapple plantations, they turned hem into sugarcane fields, and then they went fallow. rfk jr. brought this up as horrible land management is part of what led to this ability for the entire island to catch on fire. what are your thoughts on something like that, how this got so out of control?

>> speaking directly to your point about the sugarcane fields and when that stopped just a few years ago, it is a very serious issue about the mismanagement, lack of management of those properties. and as you know also, will, maui unfortunately has a long history of water rights problems and mismanagement of how historically a lot of the water that has traditionally gone down as nature intended to feed different communities from atop the mountain, those water rights were sold to corporations who rechanneled and rerouted that water to go towards certain plantations and and away from those different communities. it's a big issue, but it's one that continues to be battled and fought. maui deals with with drought very often, and so there need to be hard questions asked and answered about access to water, how these lands are being managed or not and, frankly, how

the first -- how the response went that allowed this to go on. i have a friend who's a firefighter who said the maui fire is horribly understaffed. it's a lot, and there needs to be a serious after-action are review. it'll come too late for all of the families who have lost everything, everything. but it must be done to insure accountability and that the something like this cannot be allowed to happen again. will: tulsi, thank you so much. we always appreciate your insight and especially on this morning. >> thanks for your care. aloha. will: all right. to help, you can help those impacted by donating to the red cross. there is a qr code here or head to red cross.org/fox forward. rachel: all right. we're going to move to another story. kentucky school district is forced to cancel the second and third day of class after buses were so behind, kids didn't make

it home until nearly 10 p.m. a parent joins us next. lowe's knows a style refresh is even more refreshing ...when it's at the right price. that's why, we've we pull our favorite looks together in-store and in in the app. so it is easy to get the look you want for less. you got this. we got you. (janet) so much space!... that open kitchen! (tanya) oooh definitely the one! (ethan) but how can you sell your house when we're stuck on a space station for months???!!! (brian) no guys, opendoor gives you the flexibility to sell and buy on your timeline. (janet) nice! (intercom) flightdeck, see you at the house warming.

choosing a treatment for your chronic migraine - 15 or more headache days a month, each lasting 4 hours or more - can be overwhelming. so, ask your doctor about botox®. botox® prevents headaches in adults with chronic migraine before they even start. it's the #1 prescribed branded chronic migraine treatment. so far, more than 5 million botox® treatments have been given to over eight hundred and fifty thousand chronic migraine patients. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects. in a survey, 92% of current users said

they wish they'd talked to their doctor and started botox® sooner. so, ask your doctor if botox® is right for you. learn how abbvie could help you save on botox®.

rachel: welcome back to "fox & friends." it looks like summer break is going to last a little bit

longer for kids in louisville, kentucky. jefferson county public schools had to cancel classes this week after an overly ambitious redesign of bus routes turned into a logistical nightmare on the first day of classes. many parents say buses didn't show up to pick up their kids wednesday morning, and some students weren't dropped off until 10 p.m. after school that day. here to react is jefferson county parent charlie bell. if charlie, welcome. so what is the excuse that the school has given you as to why this is happening? >> there was just that the bus drivers didn't really know the routes or the kids didn't know what bus stops that they were to get on or to get off at, and both could have been easily fixed. us having a bus shortage is not something new -- rachel: right. >> -- here in jefferson county. but there are some things that need to be tweaked for our kids

to be able to get on the bus safe and get home at a decent hour. rachel: what time did your kids get home? >> so my daughter, i have two children, i have a daughter and son both in high school, they go to two different schools at two different times. my daughter goes to school at 7:20, she did not get home til 6 p.m. she gets out at 2:20. my son goes to school at 8:40, he did not get home -- i actually went and picked hip up at 5:30 because his bus hadn't got there yet, and he gets out at 3. rachel: wow, those would be some hungry kids when they get home, no question about it. [laughter] have you heard from the school district? i know the school is very apologetic, they actually canceled school until they can figure this out, a few days. what are the plans to fix this situation? is it just hiring new bus drivers, changing the routes? what are the schools and the parents going to do? >> so as of right now their just saying -- they're just saying

just be patient, and they're having the bus drivers do the routes. we're projected to go back to school on wednesday, but one of the bigger problems is for the elementary kids. to me, one of the solutions would be to have the name of the kid and what the driver has the route and the name for that child to get off on that particular buts stop. bus stop. and that would speed up the process. but you have three different school start times, three different end times, so wills no room for error. rachel: yeah. it's very complicated. by the way, we have a video statement from the superintendent. listen. >> apologies to our families, specifically families and students for this disruption in their learning. first day of school is extremely important. the amount of change we are taking on is unprecedented. it is not something that i say as an excuse, but change is hard. and we've a had a whole lot of people have to change the way we

do things, and what that has meant is it's brought with up some issues that we've had to deal with. quite candidly, we should have anticipated those problems better. rachel: is that enough for you? >> no. [laughter] no. no, these decisions are made by seven individuals on our school board, and i don't think that parents were taken into consideration of what it is that that actually entails of three different -- so you can typically have three children at home at three different can schools at three different times. it's a logistical nightmare just in your home with childcare issues and all those types of things. our city has not recovered 100% from covid have had. so now -- covid. so now we just need to get our kids back to school safely. rachel: yeah. you make a great point, charlie. our kids have missed enough school, these people have to get their act together. by the way, i have nine kids, so

i can't imagine what would happen to me -- [laughter] nine different school, nine different times. thanks for bringing the story to our attention. >> thank you so much for having me. rachel: still ahead, a virginia man's bluegrass song details the frustration of hard working americans with the government. the blue collar political anthem that's taking the internet by storm. it's coming up. ♪ ♪ 'cuz if you're 5-3 and you're 300 pounds -- so you can improve your business however you see fit. rosie used part of her refund to build an outdoor patio. clink! dr. marshall used part of his refund to give his practice a facelift. emily used part of her refund to buy... i run a wax museum. let innovation refunds help you get started on your erc tax refund. stop waiting. go to innovationrefunds.com you really got the brows.

from prom dresses... ...to workouts... ...and new adventures. you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past... they may be missing vaccination for meningitis b. although uncommon, up to 1 in 5 survivors of meningitis will have long term consequences. now as you're thinking about all the vaccines your teen might need, make sure you ask your doctor if your teen is missing meningitis b vaccination. conquer financial reports.

conquer 2000-word essays. conquer a 6 course menu. rule over what you write with the smooth writing, longest lasting gel ink pen in america. do you g2? listen up, you dogs with allergic itch! today's talking lesson is just one word: apoquel. ap--o--quel. ♪ you can't teach your itchy dog to talk... ...so, talk to your vet about apoquel. apoquel is for the control of allergic itch in dogs. do not use apoquel in dogs with serious infections. apoquel may increase the chances of developing serious infections... ...and may cause existing parasitic skin infections or pre-existing cancers to worsen. new neoplasias have been observed. i'm glad we speak the same language. ask your vet for apoquel. tens of thousands of customers wrote about carvana being easy in their five star reviews,

including eric. the whole process was really simple and easy, and this is my third time selling to carvana. so i can practically do it from memory now. you just enter your license plate or your vin, answer a few questions. boom, you get a real offer. true story. it's still shocking how easy it was to sell my car to carvana. sell your car to carvana today.

will: fox weather wild wildfire alert, the death toll rising to 80 in paw by as -- maui as wildfires leave a wake of destruction. more than a thousand people are still unaccounted for. rachel: firefighters still working to contain fires as search and rescue efforts continue. joey: we're going to go to chief meteorologist rick reichmuth with the forecast. rick: morning, guys. a few years ago california, the town of paradise, wiped out, and that fire was the deadliest ever

in the the u.s., and it was 88 fatalities. potentially in this goes down certainly as one of the deadliest fires we've ever a had in the country. winds were in the mid 80s when this fire was going on, and that very strong wind is what fueled all of these flames. just want to show you the island right now. the north and kind of east side of the island is the windward side, and that's where you might have heard of the road to hama, this incredibly green area, but then you get to the west and south side, it's the leeward side of the islands, and this right here, you see the two areas of burn scars, you can see the one here that's up country and the one in downtown lahaina. now we've got the winds much calmer, the weather pattern that we were dealing with has completely changed, and the winds are going to be much more calm for the next number of days. this is where those fires were. most of the fires here in upcountry contained. only 80% containment in that

fire that's around lahaina. drought wise, you'll notice the one little spot with the worst of the draught right there the in maui. some areas in the severe drought category, very dry conditions. and all of hawaii in general, over 10 inches above where you would tip typically be rainfall. hilo, about 6 inches. maui had rainfall for the year lower than average. we are going to get a little bit of rain and a little moisture, humidity level's coming up over the next couple of days across maui. guys? will: wonderful explanation. thank you, rick. rachel: you have such long memories of being there. i have such positive memories of being there, i was there when the real world took our cast to i maui, and we had such a great time, and it is sad to hi that lahaina's gone. will: anyone who's been there knows it's paradise. rachel: yeah, it truly is. we're going to turn now to your headlines.

new overnight, a minneapolis police officer if discharged from the hospital to applause after he was shot in the line are of duty last night. police say he was ambushed while following a robbery suspect. he was taken to the hospital while his fellow officers chased the suspect taking two america a woman and a boy into custody. disgraced ftx founder sam bankman-fried is now in jail after prosecutors claim he was tampering with witnesses in his fraud case. a judge revoking his quarter billion dollar bail after prosecutors said he leak are letters from his ex-girlfriend to the new york times. his lawyers claim he wasn't tampering, he was responding to a press request. he is due back in court in october when his fraud trial begins. virginia factory worker, a virginia factory worker is going viral for his blue collar anthem about hard working americans. frustrations with political leaders. listen to hum. ♪ the rich men north of

richmond, lord knows they all just want to have total control. ♪ want to know what you think, want to know what you do ♪ will: he goes on to sing about high taxes and lawmakers turning their attention away from the working men and women of america. the video already racking up millions of views on youtube. rachel: listen, it's really interesting if you listen to the song, print the lyrics and read them as well, it's really fascinating what he touches on. i mean, it is a blue collar anthem. it's gone viral for a reason, it's touching people's soul. i read through it. what hit me was living in the new world with an old soul. we hear so much about the new world order, and these globalists all over, and if you have an old soul, you're kind of wondering what's going on here. joey: this music is appalachian, bluegrass slowed down, basically, and i point that out because i grew up listening to

some of those legends, ricky skaggs. and when i hear the song and i listen to the lyrics, what i want to point out, this is not a partisan political song. rachel: no. joey: this really is not. for example, tyler childers or zack bryan, they've both taken a little bit of heat lately for some of the politics they've brought into their music videos or lyric, but if you sit down and listen to them, they're pretty consistent with the sentiment of people, what we call the white plight, the left-behind people of appalachia, the people that are live in mining towns or mountain towns that have been largely left behind by progress. that's where my family comes from. and i think what's great about this song is it doesn't point a finger at pom -- politics, it points a finger at kind of the idea that politicians don't immediate to service everyone. -- need to service everyone. they can take care of themselves and the big cities on the coast and everyone else doesn't really matter. i love this song for that

reason. rachel: it also takes pot shots at jeffrey epstein is in this -- joey: yeah. rachel: -- you know, people who are on welfare and probably should be working, so it is the, as you said, it's got manager for everybody in it. will: rich men north of richmond. it's a great song. it resonates, not just the way it's sang. it's beautiful. still ahead, republican lawmakers sounding off over the appointment of david weiss for the hunter biden case. jonathan turley gives his take next. promises of all shapes and sizes. each, with a time and a place they've been promised to be. a promise is everything to old dominion, because it means everything to you.

when my doctor gave me breztri for my copd things changed for me. breztri gave me better breathing, symptom improvement, and reduced flare-ups. breztri won't replace a rescue inhaler for sudden breathing problems. it is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it. don't take breztri more than prescribed. breztri may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. ask your doctor about breztri.

>> mr. weiss is the single architect over that sweetheart plea agreement deal. i am very fearful that appointing the special counsel is just an attempt to stonewall congress' investigation of the biden family. >> this was a political decision, not a legal decision. they're trying to put out a fire, and they just poured gasoline on it. rachel: we're back with a fox news alert. republicans raising concerns of david weiss' appointment of potential counsel in the investigation of hunter biden. will: a spokesperson for jim jordan says wise can't be trusted and this is just a new way to white whitewash the biden family corruption. joey: let's can ask george washington university law school professor jonathan turley. good morning, professor. i watched you yesterday e say in very plain words that there is a regulation on what a special

counsel is, and you -- this does not abide by it. but really there's no recourse for that. only the justices department really take issue with the justice department not abiding by its own regulation, correct in. >> that's right, joey, and that's the problem with this law, is that it's not enforceable. something congress needs to look at. the law's quite clear, the purpose of a special counsel is the pick someone who is unassailable, someone who has no connections to the department of justice to assure the public that this is truly independent in the every respect. instead, merrick garland appointed someone who's under a cloud of suspicion. he's literally being investigated by congress for his conduct and handling of the prior hunter biden investigation. it flips the special counsel law on its head. now, it's true the department of justice did violate this before

with the appointment of john durham who came from from within the justice department, but durham wasn't under any cloud of suspicion, he wasn't under any attacks over allegations of fixing the investigation. will: you know, jonathan, that would be akin to merrick garland pucking some other, you know -- picking some other prosecutor at some other jurisdiction far away within the doj, but he picked the one guy who's directly related, exactly as you described, in this case. i know it's hard to get inside another person's head, jonathan, but rachel asked this question earlier. it so clearly suggests political malfeasance, it so clearly -- what could be a motivation -- how about this, what is your most charitable explanation for the motivation of merrick garland? [laughter] >> that's e a tough question, will, because it's truly inexplicable, you know? i supported the appointment of merrick garland. i thought that it was an inspired choice.

he had a great reputation as a judge as someone that got people together, that unified people. and i wrote a column not long ago saying it's really painful for me to say that he's an utter failure as an attorney general. i mean, his personality just did not lend itself to this job. he lacks that strength in leadership that you need. this was that moment. he needed to step up and do the right thing, and what that meant is to appoint someone completely outside of the investigation, outside of the department of justice and also to expand the mandate to say, look, there are allegations of influence peddling involving the president, some are related to these tax charges, let's get this all investigated. and if there is crimes that are revealed, those crimes will be prosecuted. and so this mandate has expanded, i'm giving it to somebody new, and the public can feel assured the department of justice is looking after their business. he didn't do that.

and instead, he magnified the problems here. i mean, i don't know anyone who could possibly look at this appointment and not be completely mystified as to his thinking. rachel: jonathan, how is this going to affect the house investigation? >> well, that's a great question, rachel. i think that there was, obviously, a blowback on congress. the most immediate impact of this appointment was to insulate the department of justice itself and weiss. the house was closing in on weiss, demanding interviews from him and his lieutenants. this will make it much, much more difficult. but it won't stop things. in fact, in a curious way, they may have tripped a wire here by not expanding the mandate it's pretty clear now that congress needs to investigate including a possible impeachment inquiry,

because nobody else is looking at the corruption scandal. rachel: really quick, could that have been why he asked for the special counsel title, so he wouldn't have to go before the house committee in because the house, you're right, the house want to bring him in and investigate him because he this warted so many of the -- thwarted so many of the investigations the whistleblowers were trying to look into. >> whether that's the motivation, that will be the impact. if he speaks, i expect he will say very little now a that he's special counsel. will: so obviously corrupt. all right. thank you, jonathan. >> thank you. rachel: all right. joey: yeah, it's a chess game of who can get away further, i guess, i'm not sure. all right. turning now to your headlines beginning with this, new oversight, at least one person is injure after houston fire fighters balloted a three-alarm fire -- battled a three-alarm fire at a recycling center. no word on how extensive the damage is or what caused the fire. and shark spotting drones

will now be deployed at new york city beaches every day for the rest of the summer. the nypd and and fdny launching the cameras to help scan for danger before beach goers hit the water. shark sightings and attacks have been on the rise this year. if a shark is spotted, officials say the beach will close for at least one hour until the area is clear. and check this out, heart warming video, a legally-blind toddler in new york bursting into a big smile after seeing his parents clearly for the first time. his parents learning just a few weeks ago little theo had severe vision impairment, and this was the moment he got fitted for his first ever pair of glasses. i think say this video says it all, and we're so happy for theo to finally be able to see. beautiful. will: that's awesome. joey: look at him. [laughter] oh, that's beautiful. and those are your headlines. rachel: all right.

well, coming up, an incredible rescue caught on camera. lifeguards form a human chain to rescue a boogieboarder stuck in a potentially deadly rip current. one of the heroes joins us a little later. will: and colleges scramble to chatgpt-proof assignments as more students use a.i. and other tech to cheat. but next we'll talk to a law professor or who's urging universities to embrace the tool rather than ban it. this is your summer to smile. to raise your glass and reconnect. to reel in the fun and savor every bite. to help you get ready your aspen dental team is celebrating 25 years of affordable care with an epic summer of smiles event. don't miss enjoying a moment, with our onsite labs to help you, fast, and 20% off your denture care. so, whether you need a new look or a quick fix, you can celebrate with a smile all season—

always at aspen dental. book today. [city ambience sounds] [car screech] [car door slam] [camera shutter sfx] introducing ned's plaque psoriasis. [camera shutter sfx] he thinks his flaky, red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. [ned?] it can help you get clearer skin and reduce itching and flaking. with no routine blood tests required.

doctors have been prescribing it 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. [crowd gasp] ♪ with clearer skin, movie night is a groovy night. [ting] ♪ live in the moment. ask your doctor about otezla.

joey: welcome back. a survey from earlier this year revealing that some 4 in 10 college students used chatgpt at least a few times a week. now many colleges are scrambling to chatgpt-proof if classes, and professors say more and more students are using the technology to cheat. carl szabo is the vice presidentup and general counsel for net choice and professor of internet law at george mason university's scalia law school. professor, thanks for joining us. really want to get your first thoughts on this, because i read your pov, and you kind of go against the grain on this a little bit. >> yeah. i mean, a.i. is here to stay, like it or not, and it will improve our lives, and it will challenge us. but fear of new technology is nothing new. i mean, we heard when

calculators first came into the classroom that it would destroy math, and we still teach arithmetic and, in fact, calculators helped students to do better at math because we can do more advanced calculations at an earlier age. same thing's true with a.i. as a professor, i've got to up my game. cheating has always been around as well, so when a student turns in a paper that just seems completely out of whack with where they are intellectually, what they say in class, that's a are red flag. so as a professor, i can identify when a student is just using a chat bot9 to write their's sate because it just doesn't match what they were doing just as if they paid somebody to go and write it. so this is something where teachers and professors will have the better know your students and really know the information on the paper because at the end of the day, students are going to use it, and as teachers and professors, we can either pretend that they won't or figure out a way to embrace it. joey: yeah, i guess my question is in math you still have to know what variables to put into

the equation even if you don't do the equation yourself, and that's kind of where calculators come in. but with chatgpt, we're talking about your ability to communicate an idea. so you have to learn the idea, conquer the idea, but your ability to communicate it, i feel like my 14-year-old son, he doesn't talk the way i talk because he's on a phone. he's communicating in such a different way. twitter used to have the 160-character limit or whatever it was. so do you see a problem here beyond grades, beyond getting an a on the assignment when it comes to going into the work force and showing your skills? >> yeah. i mean, that's going to be the ultimate differentiator, because we are going to have to teach people how to communicate. it is an art9 form, and it's something that a robot just can't do. when you put something into chatgpt, going to come back with something that's very row bottic, and that's to be expected because it's a row bot. so what we need to do as teachers and professors is get away from this whole just write

a paper. we need to actually begin to teach communication on an intellectual level. joey: yeah. >> i teach a seminar class for that very same reason because i want to challenge the students. joey: thank you so much for joining us. i agree with you, but it is pretty scary. professor, thank you. >> fair enough. [laughter] joey: still ahead, a mixed ruling for former president trump in the 2020 the election. the charges against him, what the judge's ruling says about free speech. oh, oh, oh...i'll be the judge of that. oh, that's nice... oh!! searchable, verified reviews. that's better than the ham, and i've never said that. booking.com booking.yeah (ambience of room, birds, scrolling content on phone) you tried. limiting when it was okay.

no tech behind closed doors. but social media's algorithms of addiction always won out. it's not your fault. alone you can't stop it. together, we will. we have a plan. join us. ( ♪ ) i'm barbara and i'm from st. joseph, michigan. i'm a retired school librarian. i'm also a library board trustee, a mother of two, and a grandmother of two. basically, i thought that my memory wasn't as good as it had been. i needed all the help i could get. i saw the commercials for prevagen. i started taking it. and it helped! i noticed my memory was better. there was definite improvement. i've been taking prevagen for a little over five years. prevagen. at stores everywhere without a prescription.

choosing a treatment for your chronic migraine - 15 or more headache days a month, each lasting 4 hours or more - can be overwhelming. so, ask your doctor about botox®. botox® prevents headaches in adults with chronic migraine before they even start. it's the #1 prescribed branded chronic migraine treatment. so far, more than 5 million botox® treatments have been given to over eight hundred and fifty thousand chronic migraine patients. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions,

neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions and medications, including botulinum toxins, as these may increase the risk of serious side effects. in a survey, 92% of current users said they wish they'd talked to their doctor and started botox® sooner. so, ask your doctor if botox® is right for you. learn how abbvie could help you save on botox®. will: we begin this hour with a fox news alert. a tragic update out of maui where at least 80 people are now confirmed dead after devastating wildfires. the death toll could go up. rachel: officials say more than 1,000 people are still unaccounted for as rescue and recovery efforts continue. former hawaii congresswoman tulsi gabbard joined us earlier. here's what she had to say. >> it's hard to con conceive of when you look at the