Fearful its going to make 1979 And tehran look like a sleepover appeared shannon u. S. Soldiers And marines continue to race against time to evacuate americans And afghan allies by the August 31st deadline. Those wanting to leave already facing long lines, taliban brutality, And even sewage on their journey to the airport feared it is chaotic. Shannon And two congressmen going it alone, finding their own flight into kabul. Tonight, the situation on the ground is incredible dangerous And volatile. Meanwhile, president biden under more scrutiny for refusing to take questions from the press again. [indistinct talking] shannon And conflicting information about how many americans are still in afghanistan. We are following all the developments on the ground And will discuss with former Cia Station Chief Daniel Hoffman And Republican Senator Marsha blackburn. Fox News Night starts right now. An ominous new twist in the history of the united States Withdrawal from afghanistan tonight as u. S. Citizens are advised to leave the airport And surrounding areas immediately, not to approach the gates of kabul airport. A Security Alert straight from the u. S. Embassy In Kabul as a top a australian official says there is a high threat of a Terror Attack at the airport. White House Correspondent Kevin corke is cracking this crisis minutebyminute tonight. Good evening, kevin. Good evening, shannon. The And-kabul'>Usmca And Kabul sending out an alert advising u. S. Citizens reading in part because of Security Threats outside the gates of kabul airport, we are advising u. S. Citizens to avoid traveling to the airport And to avoid Airport Gates at this time unless you receive individual instructions from a u. S. Government representative to do so. The alert at the best, u. S. Citizens who are at the abbey gate, eastgate, or northgate now should leave immediately. A similar Warning Tonight for the australian citizens, as well. Afghanistan remains a highly volatile And dangerous. Be aware of the potential for And-security'>Violence And Security threats with large crowds. There is an ongoing And very high threat of a terrorist attack. Is not clear what prompted this alert. The u. S. Embassy also warning americans to follow the instructions of local authorities, which presumably would be the taliban, And to have Contingency Plans in case of emergencies. It is believed, according to some accounts, that there upwards of 10,000 people still at the airport looking to leave the country, which as you know, fell to the taliban just two weeks ago. Now, earlier today, Joe Biden inexplicably seems to be in a bit of a joking mood, despite the unfolding disaster. Playfully responding to a very important question from nbcs peter alexAnder. Sir, what will you do if americans are still there after the deadline . No . You will be the first person ill call. Meanwhile, in a statement to Fox News tonight, the bipartisan problem Solvers Caucus is urging the administration to reconsider its timeline And provide a clear plan to congress that will result in the completion of our shared national objectives, that is to say to get americans, or afghan partners, And others out of the country safely, even if it means going past that August 31st deadline, shannon feared shannon so, kevin, the administration has been under pressure to specifically identify the number of americans we know who are still there in afghanistan. State Department Today forced to clear up some of the mixed messaging we are getting. What can you tell us . Mixed indeed. After telling us for days they did not know the actual numbers of americans still afghanistan from a northern number making it out on flights, today didnt bin administration finally offered a variety of numbers, frankly, that they say are a snapshot of where we are at the moment, though critics argue the numbers dont necessarily add up. Heres what we believe at this hour. More than 82,300 people have been airlifted from kabul since the government collapsed a couple weeks ago. However, the State Department says as of wednesday, only around 4500 americans were among those rescued. Think about the disparity. Secretary of state Antony Blinken says that means only about 502 may be 1500 americans still need to be evacuated, which is curious, especially since may be just last week, Jen Psaki And the White House at 11,000 americans were still in afghanistan. Meanwhile, on a call with senators today, representatives from the nsc, state, osd, And joint staff, including a briefer, estimated that about 4100 americans remain in afghanistan, so you can tell the numbers are all over the place. A very smart guy later corrected that, telling Fox News that that briefer misspoke, noting the actual numbers will fluctuate, given circumstances on the ground. Now, whether the actual number is 4100 or 4500, that still need to be evacuated, it still means, shannon, if you do simple math, based on what psaki said or the White House was claiming come around 11,000, there could still be around 7,000 americans on the ground looking for safe passage home. And if not that many, how did we come up with that original 11,000 number . Were they lying, did they not know . There are a number of questions here tonight about exactly how many americans remain in this incredibly dangerous And precarious circumstance on the ground feared shannon lets hope that pledge to not leave a single one behind is held to. Kevin, we will see you in just a few. The recent Freelance Trip to afghanistan by two members of congress shining a spotlight on how congressional offices are being flooded with requests for lawmakers to find out what is really happening And to help get americans And our in country allies out of afghanistan. Conventional Correspondent Chad Pergram reporting tonight from capitol hill. Good evening, chan. Shannon, it is a fraud situations, congressional phones ringing off the hook with pleas from constituents about friends And relatives trapped in afghanistan. At least two house members took matters into their own hAnds. Democrat Seth Moulton And Republican Pete Meyer headed to afghanistan. Both seth And myself have been actively engaged on what is called a special immigrant visa issue. Both seth And i trying to draw attention to this issue And make sure we are doing everything we can, trying to look for ways in which we can better inform ourselves, our constituents, And our colleagues, in terms of how we can work productively to get individuals out. Settled on the conclusion that we had to know what was going on on the ground In Kabul. Lawmakers usually only travel internationally unofficial business with clearance from congressional leaders. They fly on Military Aircraft And with the blessing of key committee chairs. This is at the time, in fact, if we want to do our jobs, its selfishness. Its trying to get some attention for yourself, And it doesnt help the people that we want to be helping right now. Moulton And meyer drew A Sharp rebuke from House Speaker Nancy pelosi, And a stern letter written to all lawmakers, pelosi said that tral to the region would unnecessarily divert needed resources from safely evacuating people from afghanistan. Mrs. Deadly serious. We do not want members to go. But the phone still ring on capitol hill, lawmakers And Staff Scramble to navigate bureaucracies, to evacuate those in need, And it raises questions about the confidence lawmakers have in the biden administration. They feel so desperate that people need to be evacuated that they need to freelance on their own. Does that speak to this problem about the evacuation . No, i think it speaks to they want to relax on their own. I would not make anything bigger of this. Pelosi was not the only one who tried to tamp down numbers from heading to afghanistan. I explained to them that i dont think they should. I think it creates a greater risk. Weve got enough americans over there to be held hostage, they would make a point out of a member of congress. Fox has told several numbers planned to go to afghanistan but ultimately decided against it. Fox was cautioned lawmakers will do what they are going to do. Shannon . Shannon yeah, we will watch And see in the coming days, chad, thank you. So even if the biden administration manages to get every american And special immigrant Visa Holder out by the August 31st deadline, which even the president s supporters say is virtually impossible, there is renewed concerned tonight about what we are leaving behind in afghanistan. To address that issue with a member of the senate Armed Services committee, tennessees marsha blackburn, And a former Cia Chief of station Fox News contributor Daniel Hoffman. Thank you both for coming back tonight. Thank you. Shannon senator, i want to start with you. This is what Secretary Of State blinken had to say today about leaving folks behind. Let me be crystal clear about this. There is no deadline on our work to help any remaining american citizens who decide they want to leave to do so, along with the many afghans who have stood by us over these many years And want to leave And have been unable to do so. Shannon all right, senator, we want to think that is going to be the case but we also have the president saying unequivocally come August 31st is the deadline. You guys have been briefed, what are we to make of this . What we are to make of This Is It was one of the worlds worst Press Conferences that the Secretary Of State held today. It was not a confidence builder, And it is more weak leadership coming from this administration. We want to hear clarity on the number of people there. Dod can tell you how many members of the Armed Services have been vaccinated, they can tell you how much weaponry was left at bagram airfield, but they cannot tell you how many americans are in afghanistan, nor can they tell you how many Siv Holders there are that are waiting to get out, or when And how they plan to get them out. The Secretary Of State did not give specifics. What he did was cause greater concern by people that were watching that, And it is an erosion of trust that our allies are seeing in this administration. Shannon i want to put up again that advisory that we got tonight from the u. S. Embassy In Kabul, the u. S. Citizens at the abbey gate, eastgate, northgate now should leave immediately. They are also being told, daniel, not to go to the airport at all unless they have a specific connection that is going to assure they can get there. I want to play something too that peter doocy, And interaction he had during the White House Briefing Today about exactly who we are dealing with in trying to get those people to the airport. Why havent we heard the president say the united states will not negotiate with terrorists . Is that still u. S. Policy . Well, of course it is, peter, but i would also say, there is a reality that the taliban is currently controlling large swaths of afghanistan. That is a reality on the ground. Shannon so daniel, you have been in the field, you have been on the front lines of these situations. What do you make of where we are tonight . Its just extraordinarily frustrating. Weve got a threat to our people there, americans in afghanistan, not just In Kabul, they are in an Isa School Zone right now, And what we should be able to dt And also have a plan to get our people out of Harms Way. It seems we have neither come And this administration is sticking to an artificially imposed deadline, rather than a conditionsbased policy, where we are committed to getting our people out, And that is reaping these results we are seeing now And i fear it is only going to get worse. Shannon it sounds like the american people feel that way. You s daytoday poll, do you believe 72 say yes, 14 say no. Senator, what is your worry moving forward . The president has said we are still going to be monitoring what is going on in that industry but we are losing valuable assets And partners on the ground. Most of them probably feel completely betrayed by the u. S. At this point. Well, yes, And the Security Moms are back in full force, crime on The Street, And what is happening in afghanistan, our national security, they are very concerned about this. They do feel like afghanistan will become a haven for terrorists And terrorist training. Also, people are beginning to pay attention, shannon, to what is happening with china, And looking at Chinas Interest in myths. China telegraph to say we are going to be involved with this. They had the taliban leaders to beijing three weeks ago And had a big picture made together. Of course, they want that And-route'>LAnd Route from china straight into tehran. Tehran wants china to make it affordable Military Equipment for them, And they are going to be aiming that at us And israel, so it is a very dangerous place, And its getting much more dangerous by the minute. Our military, god bless them, they have a plan. They could deal with this, but the Ander-in-chief'>CommAnder In Chief is not acting like the Ander-in-chief'>CommAnder In Chief And the leader of the free world. He is turning his back on our military And our citizens that are on the ground in afghanistan. The one they are doing amazing work, And we know that they are under really terrible conditions. Daniel, while sitting here, my phone is lighting up because all of us, ive got someone there who is trying to get people out, And we are all watching this. He says now that he has no confidence the taliban will let anybody out that is afghani, whether they are somebody who is an ally And worked with us, friendly, they are not going to let them leave by the kabul airport. So what do we tell them now . We are watching afghanistan being transformed into a terrorist state. The taliban has sheltered And provided sanctuary for Al Qaeda for years. It is a Petri Dish of Terrorist Threat to our nation, And right now, our military is there but not with the kind of force that we once had. Remember, we gave up Bagram Airbase And withdrew our military. That is what started all of this. What i would also highlight as we negotiated the deal Delhi Settlement back in February 2020 And that is the time to figure how we are going to get our afghan partners who are in Harms Way out. And we didnt do that. And we with through our capability, we do have Intelligence Footprint or military Connecticut Capabilitye to, And again, we are seeing results of the failed policy over the last few months. Shannon again, the administration assuring the american people that none of them are going to be left behind in that our allies And friends will find a way to get them out, as well, And we hope that is all accurate And true. The world is watching. Senator, daniel, great to have you both. Thank you. Shannon oh, baby. Some actual good news from this distressing situation. At least three babies, we are told, have been born amid the chaotic Evacuation Effort out of afghanistan, including a Baby Girl born on the flight last week, her name, well, she was named to reach in honor of the Call Sign of the Air Force Craft on which she was actually delivered. One of the first things New Yorks new governor Kathy Hochul did after being sworn in was acknowledged nearly 12,000 more Covid Deaths than previously disclosed under her predecessor, Andrew-cuomo'>Andrew Cuomo, but tonight, former Andrew-cuomo'>Andrew Cuomo aides are pushing back on those numbers. Chief breaking News Correspondent Trace gallagher is on the case for us tonight. Good evening, trace. Shannon, good evening. When he was governor of New York, Andrew-cuomo'>Andrew Cuomo repeatedly tried to talk up his hAndling of the Andemic'>Covid PAndemic And tried to downplay the number of Covid Deaths in New York the article on his final day in office on monday, while most aides put the Death Toll at 43,404. But the numbers released by Cuomos Office include only laboratory confirmed Covid Deaths. Reported by State System that only collects data from hospitals, nursing homes, And adult care facilities. The numbers do not include people who died in hospice, in prisons, homeless, disabled, or those whose doctors believe died of covid19 but never got a positive test. Remember, in the early months of the pAndemic, those tests were rare. So, when New Yorks new governor Kathy Hochul took office on tuesday, she released all the numbers, And the Death Toll went from above 43,000 to more than 55,000, increase, as you say, nearly 12,000, And hochul said this. Watch. Theres just a lot of things that werent happening, And im going to make them happen. Transparency will be the hallmark of my administration. Thats not hard to do. You just get the information out there And address them. But the Washington Post wrote an oped downplaying the updated Covid Death Count And appeared to partially excuse Andrew-cuomo'>Andrew Cuomos fudging of the numbers, but wrote, there were not thousAnds of deaths that went unreported And which hochul is now bringing to light, instead, cuomo was using a narrow definition of covid related deaths, presumably to make his administration looked better. That wasnt the norm elsewhere. Mccollum prompted ochsners chief meteorite of justin, who has gone after cuomo for sending covid positive nations, on twitter, oh, no, big event. Replied, if the opposing position is its a huge deal And brings to light unreported deaths, then yes. Then quickly deleted the tweet, but cuomos former aides are still stAnding by their Coping Numbers And the new governor still stAnding by hers. Shannon . Shannon all right, trace gallagher, Out West for us, thank you so much. Delta air lines planning to raise Health Insurance premiums for unvaccinated employees. Workers will face a 200 a Month Increase beginning November 1st if they dont get inoculated. Delta ceo citing the steep cost to cover employees who are hospitalized with covid. Take a look at this video posted of raw chicken parts, yeah, just going around And around on the carousel. The agency trying to remind passengers how to properly pack meat when flying, saying in order to keep from ruffling any feathers, meat should be properly packaged, ice or Dry Ice is permitted to keep it chilled. Im tempted to pick it up because what the heck is it doing . Anyway, tsa did not mention which airport this was at or how in the world these chicken parts actually ended up on the conveyor belt. A sharp scare on the east coast, 11yearold girl spots a And-head'>Feint And Head straight for sure. And imagine waking up to this, your home just being washed away by floodwaters. Todays most viral videos are next. Y joints stiff, swollen, painful. Tremfya® is approved to help reduce joint symptoms in adults with active psoriatic arthritis. Some patients even felt less fatigued. Serious allergic reactions may occur. Tremfya® may increase your risk of infections And lower your ability to fight them. Tell your doctor if you have an infection or symptoms or if you had a Vaccine Or Plan to. Tremfya®. Emerge tremfyant™. Janssen can help you explore Cost Support options. So whats going on . Im a talking dog. The other issue. Oh. Im scratching like crazy. Youve got some allergic itch with skin inflammation. Apoquel can work on that itch in as little as 4 hours, whether its a new or chronic problem. And apoquels treated over 10 Million dogs. Nice. And. The talking Dog Thing . Is it bothering you . No. Itching like a dog is bothering me. Until dogs can speak for themselves, you have to. When allergic itch is a problem, ask for apoquel. Apoquel is for the control of itch associated with allergic dermatitis And the control of Atopic Dermatitis in dogs. Do not use apoquel in dogs less than 12 months old or those with serious infections. Apoquel may increase the chances of developing serious infections And may cause existing parasitic infestations or preexisting cancers to worsen. New neoplasias were observed in clinical studies And postapproval. Most common Side Effects are vomiting And diarrhea. Feeling better . Im speechless. Thanks for the apoquel. Ahh, thats what friends are for. Ask your veterinarian for apoquel. Next to you, apoquel is a dogs best friend. Shannon beachside in the bahamas, a woman enjoying a relaxing yoga session, what could be more peaceful . Watch out, a surprising turn when the iguana decided to bite her hAnd. I dont know she was holding out the food or something, i dont know. Out fear for the woman said she washed away the blood in the ocean, the doctors said she is going to be fine. Now this come a dramatic Hour Rescue Operation just released, all hAnds on deck in texas to save a 15yearold Desk Dog that has fallen down into a storm drain. Crews digging to the earth until they hit the pipe, cutting it open, a skateboard to roll as a way out. The dog was disoriented And caked in mud but now safe hAnds, And emotional scene after pulling off that a operation. Were happy to see zoe. Check this out, looking at Interstate Five in San Diego where a small plane was actually forced to make an emergency lAnding, caused massive Traffic Delays And road closures, as you would expect in the area. The plane clipped four we are closed on The Way down, there were some minor injuries reported. In connecticut, a black there after a prime package, Security Footage caught him stealing a delivery from the front porch. Likely did not take the package very far, retrieved shortly after by a neighbors yard, And by The Way, the person who that package belongs to actually said it was toilet paper. Guess the bear decided they did not need it. Golden retriever making groundbreaking discovery. The pup from raleigh, north carolina, stumbling across the door stopper. Super cute, And if you watch the video to The End, it is on instagram, My Favorite part is at The End when the donkey realize it is being watched by his mama. Onto the stunning images from tennessee, a home actually ripped away from its foundation And carried away by flood currents. Currently, the good news is the Hampton Family was not inside the home at the time, but you can imagine it was devastating to see all their memories And possessions just floating away. A Gofundme Page has been started for that family in tennessee, And by The Way, apparently thousAnds of dollars already raised from the immunity to help. And finally, a frightening moment seen here, And a very smart 11yearold girl getting the heck out of the water after coming close to a Shark Encounter in myrtle beach, south carolina. The brave girl making it too short as quickly as she could And safely as her mother caught the whole thing on camera. If youve got video you want to share with us, we would love to see it. Hit us up at Shannonbream Or Foxnewsnight on social media. Fox news has confirmed tonight that about 89 of Emergency Rental Assistance funds designed to help ensure rent payments during the pAndemic went out have not yet actually been distributed. That news comes as lAndlords abilities to evict tenants who are not paying rent in years on a supreme Court Ruling that could come at any time And affect millions of people. Correspondent David Spunt has the story for us tonight. LAndlords dont want you evicted. With millions of americans struggling to pay rent, the centers for Disease Control is touting its extended eviction moratorium, the goal, keep people off The Street during the pAndemic. But in some cases, And-pop'>Mom And Pop lAndlords say not being able to evict is emotionally And financially paralyzing. Theres a lot of us out there that just need to reclaim our homes. For our own personal reasons. Fighting an aggressive form of Blood Cancer And tells Fox News she decided not to renew her Tenants Lease in june 2020. She And her tenant both live in different sections of her long islAnd, New York, home. She wants her tenant out so family can move in. This is not a second income home, this is not property we are making all this money off of. The tenant declared hardship due to covid19 And has stopped paying rent. Even the president himself admits the moratorium may not be legal. Its not likely to pass constitutional muster. But he is pushing full speed ahead, admitting the longer the issue is tied up in court, it can continue to dole out some 45 Billion in rental assistance. According to the census bureau, earlier this month, around 3. 5 million people said they faced eviction by october. Progressives on capitol hill, including squad members, congresswoman Ayanna Pressley Angelita to label, want to cancel rhett altogether citing the pAndemic. Their latest financial filings show both recently made money off rental properties. Putting them in the Andlord-club'>LAndlord Club with rosanna morey. I should be able to reclaim my home when i want to. The current moratorium is in effect through october 3rd, And u. S. Attorney general And'>Merrick GarlAnd recently met with the chief justices of several state supreme courts to discuss Eviction Diversion methods. Shannon . Shannon all right, David Spunt, thank you so much. Time to bring back kevin corke. I know, people think the only thing we can talk about his food, but tonight we are going to talk about how we order our food, which is a totally different subject, And youve got a new survey. Totally different. Not really. [laughter] ill give you a pass on that one. Okay, this is a huge outgrowth of the pAndemic that believe it or not, i think most people approve of, shannon. A survey of more than 600 americans ages 18 And older found that, get this, a whopping 98 Use Consumer digital ordering of some form in the past 18 months, so the question is, did you And do you have a favorite . Shannon oh, heck yeah. My thing is i use the starbuck app. My friend emily told me once you start using it it will never be the same. Its true, because i dont have sort of a funky, weird order, if you spend any time at starbucks, one pump of this, half of that. It is so much easier to just do it on the outcome especially now, you get your little mask on if your starbucks makes you wear it, go in And grab your stuff come And go. When im at the White House, theres a Starbucks Right on pennsylvania, so you just park your car, if you order click on your phone, by the time you get out of your car, walk over, pico go. 70 of the people surveyed said they actually prefer to order digitally over ordering in person. And 77 say it is convenience, really, for them. I think you love this one, too. 66 say they prefer to use their phone as their medium of ordering. Do you do that or do you use the phone . Shannon every place that i order, Order Food a lot, especially when we were really locked down in the d. C. Area, all online. Super easy. I am a doordash i was telling tracy come our executive producer, ive got to chill with the doordash. Shannon it adds up it does add up. If you pay attention i love And-uber'>Doordash And Uber eats And all that stuff, you start, that Order Cost me 12, if i walked in, it cost me 22. Shannon i know, it is true peter but sometimes you think, might as well order ten meals because im going to get it alld this one order, And i can eat it over the couple days. When i come back at The End of the show, something you just said, i think you will love the face lets just say, the little rescuer that we are going to share. I will tell you about that in just a bit. Shannon you know i will love it, And dont make me cry. I promise i wont. Shannon only happy tears. Thanks, kevin. And agency in Washington State apparently forcing employees to complete what critics are calling it racist, antiwhite Diversity Training. Weve got the documents so we will see what you think im a part of our Lightning Round with Guy Benson And jason rantz. They are next. To 3on 3s. 2on2s. And 1on1s. At aspen dental, we see all the moments that make us smile so we make it easy to share your smile with convenient, total care all in one place. And flexible hours that work with your life. Right now, new patients get a complete exam And xrays free without insurance, And everyone saves 20 on their treatment plan. Welcome back to lifes best moments. Call 1800aspendental or book online today. Shannon first up And tonights real news roundup, a texas man in an attempt to make a point about mask mAndates stripped off his clothing during a School Board Meeting because he said sometimes youve got to push the envelope. Its simple, people. You follow certain rules. We follow certain rules for a very good reason. Shannon nearly got down to his undies. A jail in Washington State found a new incentive for inmates to get the Covid Vaccine by serving ten packs of ramen noodles. All month, the staff is offering packs of the instant noodles for those who sign up to get the first shot. The Corrections Department says it has given out 900 packets to inmates so far. A woman has been banned from a zoo in antwerp, belgium, because of her fascination with a chimpanzee there. The woman has visited weekly over the past four years. She says she loves him And he loves her And they have a real relationship. Officials worry that relationship is harmful to his ability to socialize with the other apes, And they are forcing the breakup. All right, we have a Andnew-case'>BrAndnew Case of wokeness in the Workplace Tonight appeared in washington, the State Department of labor And industries is implementing what critics are calling racist, antiwhite Diversity Training And resources for staff, asking workers there to attest to their own bias. Lets begin tonights Lightning Round with townhall. Com political editor Guy Benson And Seattle Talk Radio host jason rantz. Great to have you back, guys. Jason, youve been reporting on this. What did you find . Yeah. Thanks to some employees who took some screenshots of this internal training, its resources that are being offered in the guise of, hey, we are doing this for diversity, equity, And Inclusion But Staff are told that only white people can be racist, claiming not to be racist is in fact racist, that the united states is a White Dominant Culture that reinforces white supremacy, And that if you are a white staff member, who thinks you actually, no, you only got it because of your white privilege. Obviously, this brings up a very clear issue, if you are teaching your Staff Labor And industry that does actual investigations into discrimination, can they fairly treat white people who complain, or can they fairly treat, you know, people of color, who are involved in some of these investigations, because they are told they are all victims of oppression. Shannon guy, what do you make of this . You have to think in every office they are going to be some employees who think the stuff does not pass muster. Some of it is straight up racism And discriminatory, And i guess in some precincts that ist encouraged, which is pretty wild, And i think The Way that we fight back against it is what we just saw with the story. People who see something, they are saying something, they are leaking it to the media in this case, jason, hes got a Target Height And rich environment out there in the pacific northwest, but people need to stAnd up i am all for diversity And inclusion, this goes to another level And is actually antiamerican. Shannon okay, lets switch over to something you both have been reporting on. This is happening at the High School level. Apparently a mom said her daughter called her And said im going to have to wear this Ankle Monitor Bracelet thing during i think it was volleyball practice, but these High School athletes, the question is whether or not they should have to wear them as part of a tracking of covid cases, potentially, if somebody tests positive. Jason, what is this all about . Yeah, so these athletes are supposed to wear them with parental consent, to basically say, if someone on the And-subcontracting'>Team And Subcontracting covid, they can look at the data And say well, this person who is covid positive was closest to teammates, you know, john And tom, so rather than say the entire team has to be quarantined, we are just going to quarantine those three students in total. That is The Way it is being pitched. And weirdly enough, because i have spoken to some parents, And they are saying they actually support this. There was one instance in which the parent who was upset rightly so was not she did not give any consent, but in fairness to the school, they did attempt to have conversations with parents And did hold a meeting. I think it is bad optics, but the parents seem to be okay with it And the kids seem to be to be. Shannon some of the reporting in the postmillennial says this, devices were not mentioned in the districts back to School Policy Proposal for 2021, the Athletic Director acknowledge the error And apologized for the slipup of not actually getting her consent. B3, your thoughts . I mean, this is pretty intrusive intrusive. In fairness, it is sort of a creative way of Contact Tracing for an extra curricular activity. I am not necessarily against it if there is full transparency, conversation with parents, buyin, And permission from all the parents. If you are missing that ingredient, if you are missing that component, than it really seems orwellian And intrusive, And of course parents would be upset, to see their kid being forced to wear some sort of monitor that the school has put on them without their knowledge. Shannon ive got to tell you, over the last year And a half, it seems parents have become a lot more involved in exactly what their kids are doing at school with respect to covid they should be. Shannon And-curriculum'>History And Curriculum And everything else, so maybe it has been a good Wakeup Call for parents to get more involved. Always a good idea. Guy And jason, thank you both very much. Thanks shannon. Shannon all right, could Baby Photos legally be considered Child Pornography . What if they were used on the cover of Nirvanas Album . That baby is all grown up And now he is suing. Ar Night Court is next And you are the jerry. And you have thinkorswim mobile so i can finish analyzing the risk on this position. 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Shannon time now for Night Court, with a nod to 90s Music fans who probably recognize this iconic Nirvana Album Cover featuring a naked baby boy. Now that naked fourmonth old is now an adult And 30yearold Spencer Elden is suing the bAnd, claiming the use of his image on the cover of its nevermind elements child. Well, nonsecularist images of infants are not generally considered pornography, to be 25s lawyers argue because he appears alongside a dollar bill, it makes the baby look like an sex worker. Legal eagles Kelly Hyman And northwestern University Professor at attorney Andrew stoltmann. Welcome back, guys. Lets start with Exhibit A from the complaint, defendant knowingly produced, possessed, And advertised commercial Child Pornography depicting spencer And knowingly receive value in exchange for doing so. Andrew . Its the dumbest thing ever. Its frivolous, its stupid, its a cash grab, thats all this thing is. You think about it, this kid who posed on it, hes 31 years old right now, he has posed on the fiveyear, 10year, 15 And 20 year, you know, kind of recreation of the album, so he knows all about this. It is a cash grab. He is trying to grab some money, shannon, thats all it is. Shannon i think he has had clothes on for the reenactments, im pretty sure about that. This takes us to exhibit b, in variety, talking about the case, until now, despite b25s ongoing ambivalence about the Photos Legacy come he had not described it as. What was constant in the past is elden said he was never compensated beyond the 200 his parents were paid for it on the day of the shoot. Kelly, apparently he has not had a problem with it until now, as Andrew points out. Ultimately, it will be up to the court to make a determination on that but shannon, we have to remember that he filed the complaint And has asserted not only federal statutory claims, but also asserted the fact that they didnt have his consent for the photo, And that is going to be key, because in order for someone to have the photo of him, a private photo that he contends they have to have some kind of consent for, And he is saying that they didnt sign any consent, his parent didnt consign any consent, so therefore it is not valid. Shannon Andrew, take you to exhibit c, this is what he claimed happened because of this photo, one of the most iconic ever on an album, he says the permanent harm he has approximately suffered includes, not limited to extreme And permanent emotional distress, interference with his normal development And educational progress, lifelong loss of income, earning capacity, lost of past And future wages, past And Future S to be described And proven at trial of this matter. He says there is plenty of evidence there that he was harmed by this. Good luck. I mean, in every single case, full liability And damages. What are your damages . The only reason why you are claiming you have damages is because after this photo was taken for years, youve let everybody know that was you. Right . So where are the damages . Wheres the beef . He doesnt have any. He filed this thing in Federal Court, And i will tell you, Federal Court judges do not like frivolous lawsuits. This guy is probably going to get sanction for filing a lawsuit like this. Shannon they do have rules for that And financial penalties involved, often. Okay, this is the father, who said they could use his little boy when this was shot. Heres what he said to npr in 2008 about this. Calls us up And he goes, hey, rick, do you want to make 200. 03 are kid in the drink . Im shooting at the rose bowl, we will throw the kid in the drink And have a big party at the pool, And no one had any idea what was going on. Shannon that is exhibit d. It sounds like the dad was cool with that. Well, yes, but we have to talk about their legal ramifications of it And the fact of whether or not the parents gave consent for the photo itself, because as you know, shannon, this is a very private photo of this young kid, so the plaintiffs are contending the parents didnt sign any type of consent waiving their right to the photo, And that is one of their arguments that they are going to bring forth in the case. Shannon all right, And we will track this one And see if it sticks around. A motion to dismiss, a motion for judgment, we will find out. Andrew And kelly, thank you both. Thank you shannon. Shannon And some good news before we say good night, a shop in New Jersey paying a Birthday Tribute to a World War ii veteran. Also happens to be a former employee of the Store Benny turned 100 years old, the Grocery Store wanted to help them celebrate, so friends, family, former coworkers all greeted him with a big Surprise Party at the And-shop'>Stop And Shop, completely with they had patriotic singing, they had cake, they also had store associates unveil a veterans only parking spot, And it is dedicated to benny. And by The Way, kevin, he only retired last year at the age of 99. When covid hit. My kind of guy. Going to keep working until i Cant Work anymore. By The Way, i live in new englAnd i love And-shop'>Stop And Shop beer if im going to take you to one of My Favorite places in the entire country, beautiful oregon, for this good news good night. Firefighters they are rescued a 12yearold Golden Retriever named calvin. He was actually found in an abAndoned well in the town of aloha. They used a And-rope'>Tripod And Rope system to lower a rescuer down to retrieve the little retriever. Hes actually been in the well for about four hours, And calvis just fine. Look at that Face Shannon he is so cute. I just want to hug him. Shannon i love all doggies, but gold And retrievers are super extra cute. Cabin, you are right, i love your story. More doggy stories And more, more news. We will see you back here tomorrow. Kevin, thank you. Left it from washington. Im shannon bream. What makes new Salonpas Arthritis Gel so good for Arthritis Pain . Salonpas contains the most prescribed topical pain relief ingredient. 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At the time there is not a whole lot going on in oregon, so voters did not ask many questions. The one thing they did learn about Kate Brown over And over again is that she is a selfdescribed bisexual. Why is this relevant . Perhaps the media did not explain, they told us without explaining what it meant that this fact was historicnd