federal investigation. the doj is pointing a special council. republicans say this is not aimed at seeking justice. the senior national correspondent kevin corke is live in d.c. with the breaking details on this. >> good evening, david weiss is the man. the very same same david weiss who says congressional republicans attempted to paint a sweetheart deal for hunter biden, despite possible or some would say obvious violations. that david weiss is leading an escalation into hunter biden. >> his title became special council today. his powers were the same yesterday. what's different? it does not make any difference to us given what we understood to be the case. >> critics argued weiss should not have been named special counsel citing this as section 6.3 in the doj regulations. a special counsel shall be selected from outside the united states government. >> this is a political decision, not a legal decision. they're trying to put out a fire, and they just poured gasoline on it. nobody in their right mind believes that making him special counsel cleans up the mess that's created. >> lindsey graham there. james comber of kentucky calling garland's announcement to attempt a biden cover up. the president ignored shouted questions as he yet for another weekend get away. >> kevin corke, back to you in a bit. let's bring in our attorney john yu and agent nicole parker. john yu, to you first, andy mccarthy said the following, i want to see if you agree on the backside. >> there is no special investigation and there is no biden investigation. the special counsel regulations, what makes a special counsel special is that you are a lawyer who is brought in from outside the united states government. not just outside the justice department, outside the government. >> what do you make of that argument, john? >> andy is right about the regulation. the regulation does require that the special counsel come from outside the government, but the justice department ignored that. the durham investigation conducted by john durham. what's more important is who it is and whether they're going to conduct a real investigation. that plea bargain has fallen apart. the house have shown more facts that real investigations should take into account, like how much was president biden involved with discussions between hunter biden and his foreign business par partners. that'll be the true test of whether there is a real special counsel investigation and whether the new special counsel follows up on all details coming out the house hearing. >> david weiss had this case for five years and really for the better part of the five years, he just kind of let charges die. what do you think? >> what's going to make any difference now? how is it going to be different any different now? where was this aggressive necessaryness and where was the special counsel two or three years ago. stopping interviews and tipping off the transition team, the biden transition team. this is again, we can take it back to the whistleblowers. they exposed this. if it were not for the whistleblowers, none of them would be happening right now. they thought they can escape right into the sunset and that's not what's happening right this instance. it forced their hands and more and more information came out. they no longer can sit back and say there was nothing to see. the plea deal falls apart and the judge calls it out. oh, look, justice is fair. see, this is fair. this is not fair. this is the same person that was involved with helping to cover up in the first place. >> right. >> it makes no logical sense. >> james comer said the following. >> protect david weiss from coming into the committee, which is fine. i don't think we need more evidence to show the department of justice is trying to obstruct our investigation. the david weiss could say well, i couldn't comment on that because we have an ongoing investigation. does this make an inquiry more likely in your estimate? >> i don't think so. what the house of investigation can do is put so much pressure by finding their own facts and bringing their own witness forward. that attorney general garland sl will have to change the special counsel. i think weiss should show he's independent and he'll do a full pledge investigation. bring those whistleblowers out of whatever dungeon they're hiding them in, the irs or the fbi and bring them on the special counsel team and do it publicly and show that now he has this new title, he's intended to conduct this investigation. >> that would be a bold move. politico wrote the following, this is for you, nicole. >> biden's world going onto say no evidence has yet been connected to hunter biden's business dealings with president joe biden. i think they wrote that with a straight face. your final thoughts, nicole? >> that's laughable. mounting evidence is coming out. for them to say there is nonstop evidence he was involved, i completely disagree. the 1023 where there were allegedly two recordings. i think the investigation needs to go full throttle. let's bring the whistleblowers forward and corroborate everything. if it is a fair justice department, charges should be coming through. >> we all agree. john yoo and nicole parker, thank you both. >> wildfires still burning on maui tonight. search and rescue teams looking for survivors among the ashes and the areas hardest hit is the seaside town of lahaina. a first look at the destruction, william, what are you seeing there? >> well, i will tell you where we are, tracy. we are half a mile from downtown. we chose this location because what you see behind me, those were elevator shafts there and what you see was a new energy efficient, 89 unit, low income housing project. lahaina is a largely working class town where people working here work in the high-end resorts. now, the state needs to help find these landscapers and plumbers and restaurant workers and temporary housing. without them, maui does not work as the tourist mecca that it is. down the street is a tow yard, no a junk yard where every card is now worthless and burnt down to the tires that don't exist. another big question being asked, why didn't officials sound the tsunami alert when high winds knocked down power poles? >> people were found in huddles and in homes. they could not get out. nobody had warnings. >> reporter: we also spoke to two survivors. one who watched the harbor and boats inside it burned from her sailboat. another jumped into the ocean with dozens of others as flames raced over head. after eight hours in a shallow reef, he was rescued. >> there was no route to go north or south or towards the mountains. the only escape once the thing swooped in was to get in water. >> we all made the decision to save ourselves. we were worried of the smoke. the smoke was so black and thick. we were worried about getting killed from this. >> >> trace, they now have opened that main road. two things, they can get supplies in here much faster with large trucks and while boats going up on the beach. we got about 1,000 unaccounted for people. that does not mean they passed away. it means, -- hey, they didn't have cell and no powers. now, people could get in here and find out their friends and family and the status of that and their homes. >> william, thank you. >> let's bring in lola from lahaina. it is great to have you here. if you can tell me about the fact that there was no warning for the people living in lahaina, have you found out why that is? >> i can tell you from where i was. they said the fire has been contained at 9:00 a.m. they said the winds are all good and no nothing. you are you will safe and blocked in, you could not drive anywhere. you could not escape anywhere. all of a sudden the fire started, no one was there. this guy and myself pulling people out and tried to get back in. we could not do anything. we just leave our cars and run. there were people burning everywhere. all those guys, so many people were saving year lives and lost so many things because the fire just came. your warning was you got a fire coming. my home and shop are all gone within less than an hour. >> i am so sorry to hear that. we have been hearing stories all day about the response, lolo. what about the authorities? are the authorities doing what you think they should be doing on the island? >> well, if you look at what's happening, what is there to do? you are going to get called into go into work? >> it took two or three days to find family. we literally ran here. we have been inside out, helping people and everyone. >> we are going to try to get lolo's signal backup. they got very difficult internet connection there. 0 cell service. we are kind of losing you back and forth. we'll check in with you in a bit, lolo. we appreciate it. you can help the victims of these wildfires go to red cross.org/hawaii to make a $10 donation if you would. >> hollywood is the land of celebrities and squatters. the lapd discovered a few people completely trashed multi million dollars mansion on the hills. john hunt with the story here. >> good evening to you trace. an in comfortable hollywood hill estate in the most vibrant of la's celebrity neighborhoods with two poles. the home of $10 million valuation dramatically reduced after the squatter allegedly destroyed much of the furniture inside and dog graffiti over the floor and generally trashed the place. one piece of graffiti read "f the rich." police were called after hearing a woman screaming on saturday. the woman who was screaming apparently bitten by the dog. the lapd was unable to find the owner of the property so they had no complaints filed and therefore did not arrest the squatters. they did tell them they could not stay at the mansion. a strict telling off, i am sure that'll stop them doing it. >> that'll stop them fast, jonathan. >> thank you so much. >> >> fox news tonight common sense department just read an opinion piece in the la times by a sociology professor at the university of san francisco. the professor complains because of unrestrained shoplifting, even groceries stores are locking up items. eroding people spirits and making americans feem like prisoners. >> common sense would like to remind customers that american are not prisoners. the professor goes onto say security measures are not the answers. he thinks the answer is high quality education and jobs. forget about security and wait for public schools to get back into the business of education. truth is, even if reading and doing math became important again tomorrow, we would still have to endure years of non-stop shoplifting. by then americans would no longer feel like prisoners. at this rate, there would be no such thing as prisoners. let's bring in the author of the upcoming book of what's killing america, jason rantz, and rick, thank you both for coming on. it segways nicely to our next story which is lieutenant jessica taylor mary served 23 years and she called it quit. absurd policies turned seattle into a playground for criminals. they seen utterly unconcerned of the devastating consequences actions. if you have not noticed, the criminals are running the city. she's got a fair point, jason. >> it is a point that's shared by so many police officers all across seattle when she sent me her resignation letter. it was 15 pages long and every single page, page after page got more brutal. it is honest assessment of not just the mayor's office or the counsel but the general sense in the city that we kind of allow this to happen. until we step back and stay enough is enough, this is only going to continue and there will be more officers like jessica taylor. >> you can't get officers if you can't get somebody to take their backs and cover them. that's the whole point. it is tough to go out and ten force the law if you think nobody got your back. >> absolutely. >> 23 years we heard this story in multiple jurisdictions and california, a lot of the defund the police and children around the nation are suffering the same fate. if you peel off a couple layers of excellent reporting by jessica is she talks about how supervisors and how are they promoted from within. you have to run on the party line and that does not mean enforcing the law. what it means, trace, we can look to this type of effect continuing on until that political effect inside the department changes. >> that's exactly fair. i want to move onto the hollywood hills thing. they trashed this home. this home was up in the market for $10 million. there were three people. police came and wrote them citations. could not arrest them because there was no formal complaint files. it seems like there is few consequences for those kinds of people, jason. >> yeah, 100%. there is almost never any consequences for squatters and depending on the city and the state you are in, you see a lot of protection. if it is not protection for squatters, all you have to do is your low income and you can't pay any rent. you can't be evicted either until you got two issues that come ahead that's keeping landlords up at night because they can't pay their own bills. you have property owners that's praying that no one breaks into one of their abandoned buildings because they know it is a pain to get them removed. >> the government for years, vic, said you don't have to pay your represent. the landlord is like we have a mortgage to pay and they let the renters win this war and now you got squatters and you can do whatever you want. >> exactly. look at community members, people who live in these cities, how many officers have to respond to these three squatters? there were dozens of officers by the video we saw proliferated. these officers should be out responding to violence and serious felony and not fix-it tickets the way we saw this case. i want to put this video up. this is the alabama brawl that we have been talking about. now, they have two sides of the story and you have one side saying this was all about race and the police department saying this is not racial at all. it is hard to figure out here. what do you think the bottom line comes down to this kind ofuation? >> if you are putting on the lens to look at with race being a determine factor, you are going to look at it as the black verses white issue. this person is unfortunately the victim of it and it turned into to --for him as a victim and law enforcement put out arrest war rent. you can see who the agreser was. >> your take on this, jason? >> it is ridiculous that people automatically go to race. when i saw this video, i thought it was entitleded jerks who didn't want to move and all of a sudden for this to become a racial argument. it shows you that it is sick some of of these people are obsessed with politics. >> coming up, another school district siding with parents they must be told that their child identifies as transgender. >> later in the night, cap. you heard of the comedy roast like dean martin did for years. the nightcap would like to know if you would like yourself to be roasted and if so, who would you like to roast you? you get to pick five or people dead or alive. i can't wait to hear your choices. let us know on x, formerly twitter. we'll read the most interesting in the nightcap. first, it is 8:20 on the west coast. here is a fox news at night trip across america. first off, the city of san diego where i was born and that's the show, "harry potter," it is amazing down there. but, maybe not as fun as bourbon street in the big ez. no place like new orleans. thank you, earth cam. a live look at the boardwalk in ocean city, new jersey. if you can't join us live, don't forget to set your dvr and watch us any time, we would love it if you did. (smelling) ew. gotta get rid of this. ♪tell me why♪ because it stinks. ♪have you tried downy rinse and refresh♪ it helps remove odors 3x better than detergent alone. it worked guys! ♪yeahhhh♪ downy rinse and refresh. yeah, everything's taken care of. -hey, jamie. -oh, what am i up to? just visiting a special secret client. i can't say who it is, but let's just say she bundled her dream house and her dream car for round-the-clock protection with progressive. oh. she has another house in malibu. she's been an astronaut, an architect, a ceo. we're in front of her house, dude. i'd love to tell you who her boyfriend is, but i don't think i "ken." i'd love to tell you, but i don't think i -- "barbie" in theaters now. >> a california attorney general is deeply disturbed of a marietta school district of transgender policy that requires teachers to notify parents of transgender policy. let's bring in our state assembly member, kate sanchez, it is glaet to have you on here. the la times write this. testimony marietta school district on thursday night approved a policy that requires staff to inform parents if a student is transgender or gender non-conforming to do the empire to do so. it is one of those things where the vast majority of people are on marietta's team. they don't want secrets being kept from them. >> this is a great example of the massive disconnect of what's happening in sacramento and between local government and local control, parents are fed up and the fight is here and we are happy for it. >> murietta is going to go on. you look at what's happening to the attorney general and the governor, at some point they're going to team up, either they're going to team up or out right sue them. >> when you come between a parent and child, that's the strongest bond you have. we are ready for it. there is always the focus of welcome control. this is what i tell our sacramento and our super majority, they seem not to want to hear it. we are ready for that fight. the milwaukee teacher education post because they are so angry that moms for liberty are chihuly going to hold a presidential town hall in milwaukee. groups like mom are not welcomed. any group deciding to host of moms for liberty. it is such a threat, you can't hold any meeting. >> i am proud for our presidential hopefuls for getting involved. as a parent, i am excited for this. i am all for it. >> i think it is going to be, at the very least interesting. the national school data which i want to check with you. this is statewide. statewide, country wide. the national school data now says more than 25% of students are missing at least 10% of school and this is coming from the study. in the end, students are chronically absent and missing 18 or more days in a year and at a risk of dropping out. these kids can't read or write or do math at grade level. yet, they're not showing up for school. >> i think the pandemic put a further gap between our learning loss year after year. what where he are seeing -- parents used to trust the school. now, can we even trust the cool? what's the reason for us to send our children there? whether it is cost, safety, how do we reengage? it is again showing on a national of disconnect between big government and what local control wants and needs? >> how do school district get away with the. i am wondering how this is being allowed? you would somehow have to round these kids up and say gout to go to school. >> well, we'll definitely see it. that's a big thing as far as the union goes as well. it is not always in the best interest of the child. we'll see. >> kate sanchez, good to see you. >> president biden is spending the weekend at his vacation home. gop candidates are hot on the trail. lauren green is live in the new york newsroom with more, good evening. >> seeing the candidates one-on-one are all on the menu at the iowa state fair, it is several where the gop candidates sitting down for a job interview with kim reynolds during her chat. >> the reason why we win is because let's start with small town common sense, bidenomics is a failure. >> former president trump is not taking part in governor reynolds' chat. he'll be at the fair this weekend along with him, nine florida republicans who have endorsed trump over fellow floridians and trump's chief rival, desantis who'll be at the fair on saturday. new reporting from "the new york times" single democrats in the state saying they're at their lowest point in decades after a string of losses in a state barack obama won by nearly double digits in the state. donald trump won by eight points in 2020. president biden will not be iowa. he's opting to spend at his home in delaware as his son's legal drama continues to play out in washington. >> trace. >> indeed, lauren green. live for us in new york. thank you, let's bring in our political scientist, lauren wright. it is great to have you on. i want to put this on the screen, it is from politico. the conventional wisdom among republicans if donald trump's opponents can't slow him down in iowa then the race may be over. you look at his lead, it is a big number. nobody ever lost that kind of number. that's probably al pretty good assessment. what do you think? >> i think there is something to this, trace. trump is a little bit weaker in iowa than he is in national polls about 44% compares to 54% nationally. so, if there is a place where other republicans can step in and maybe surprise everybody and up end things, this would be the state. he's lost there before. he's not trying very hard because he's so dominant until tomorrow, perhaps he'll make a big splash. we have seen surprises there before. the other end of that is that if trump does not do well in iowa, i don't think that's particularly meaningful just as president cruz or huckabee. >> that's the old saying that iowa picks quorum. you are talking about not trying very hard. he won't sign this loyalty pledge and it is unclear if he'll even debate. w will the president attend the first debate on august 23rd? again, does he have much to gain by this? the other candidates need trump on the stage to draw a contrast. if he does not provide that for them, it is frankly much more boring to watch as an event but informative for the voters tuning in because these candidates do need to distinguish themselves and they need to explain how they would do the job differently. a lot of things are shaping up just like they did in 2016. candidates could not distinguish themselves and trump as the entertainer really cleared the field. >> yeah, i don't want to put this lastly because iowa used to be purple. it seems like it is pretty much red. the following interviews this week, now stood as a warning sign for what happens when their party falls out of touch with voters once made up of key parts of its electoral coalition. that time to be a hot guy democrat, lauren. >> it is not as bad as my home state california. i know how they feel. there is about five million more registered democrats in california than republicans. but, in iowa, it is much closer. it is about 100,000 voters apart. in 2020, the same percentage about 30% of registered republicans and democrats participated in their party's caucus, yes, democrats are losing badly there, and a lot of races. as far as a registration advantage, they can absolutely come back from that. they're not that far behind. >> lauren wright. great to have you on. thank you. >> thank you. >> meantime, coming up, a judge says the state of california can be held kat accountable for failing some students during the pandemic. first, who stole a baby's pacifier. the day's best viral videos are next. a live look at the skyline in the windy city of chicago. we are coming right back. and lo? 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what do we know about this? there is a major learning gap that disproportionately affecting kids from low socio-economic status. you have kids of higher reus of course learning loss to begin with and etcetera, who now because of the pandemic and distant learning they had that they were not learning now suffered the most. these were people who were not given the correct technology or didn't have a quiet, and a place to stay-at-home to actually attend school online and they are allowed to sue and as for something to bring them back to where they deserve to be. that's the least they could do. >> they're not going to school and the test scores are low. it is hard for anyone to come up with a remedy for these kids who are so far behind. >> i can think of remedies, private tutoring or scholarships. we failed you as the public or school system. >> they would fight that tooth and nail. >> great, let them fight it. >> they should fought distant learning when they had the chance. >> they did not. the covid is called eras. the "la times" is talking about masking now. if you want to wear a mask, wear a mask but we don't need a mask mandate. people who feel they are at risk, maybe. definitely, does not matter. they are welcome to mask all they want. why mask everyone else. hey, we should consider mask mandates again, the la health department again dropped its mask mandate for healthcare workers for people who are technically at the highest level of risk. what's going on there? it does not make any sense. what's the goal? why is it the la times constantly shoving this down our throats, you know, mask mandate is a good idea when everybody is saying knock it off. we don't need you poking the bear and propagating this stuff. >> from my perspective, somebody in the editorial department there knows this generation's clicks and views. >> are you buying this, doctor? >> cardio-vascular deaths by 20%. >> am i buying this? >> it has not been evaluated by the fda. given the fact that when it was put out, they're going to get hit by major lawsuits if there is any fraudulent or unfactual in there. i think it is a game changer. this company is on 18,000 people for as long as five years. >> right. >> why would they spend hundreds of millions doing that. they're going to try to go for insurance. which could change the game for everybody. >> because it is expensive. >> it is $1,400 a month, i think? people can't afford it. people have to pay out of pocket if the fda adds a label to it where it is indicated for prevention of cardiovascular death. we could get insurance coverage for it and in fact it may be an econ economical issues. >> you need to look at the five people that want to roast you, dr. hermatti for the nightcap. >> you may be one of them. we'll see you in a few minutes. >> thank you. >> first off of tonight's viral video. two bear cubs throwing down while mom watched from the comfort of the lake. reports are inconclusive but we think their name may be elon and mark, at some point. here is the scene. am baby is screaming and the past fire is gone. you cut to the rottweiler chilling on the couch. the bandit of the missing baby binky was the dog. >> norwegian climber, kristen, she's the highest climber. she told everyone she's taking a break from the big mountains, that means mountains over 26,000-feet high. if you have a viral video to share, share it with us @trace gallagher. coming up, you get the opportunity to be roasted a t a comedy show. do you take it? which five people dead or alive would you let roast you? still time to weigh in on x, formerly twitter and instagram. at trace gallagher, the nightcap crew is next. a live look in st. peter bill ka in rome tonight. we celebrated mass there about five years ago. it was amazing. we'll be right back with the night crew. say not today. tylenol 8 hour arthritis pain has two layers of relief. the first is fast, the second is long-lasting. we give you your day back, so you can give it everything. tylenol. number one doctor recommended for arthritis pain. 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