fox news at night. and breaking right now, all eyes on philadelphia after back-to-back nights of rampant looting and dozens of arrests. we are monitoring what could be night three. these, on the right side of the screen, live pictures of philly. and if crime breaks out we'll break in live with the very latest. meanwhile christina coleman is live with what happened and what we're learning about the suspects arrested so far. christina good evening. >> reporter: good evening trace, second round of looting and flash mob thefts reeked havoc in philadelphia last night. this comes after crowds of thieves smashed their way through stores in several parts of the city tuesday night during an hours long crime spree. the looting started that evening after a judge ruled to dismiss charges against a local police officer who shot and killed 27-year-old eddie irizarry during a traffic stop in august. demonstrators peacefully protested the judge's decision however police say criminal opportunists to advantage of it and went to town ransacking and stealing from a whole host of businesses including foot locker, lululemon, gang stop and at least three pharmacies stealing medication. the pennsylvania liquor control board closed its 48 philadelphia locations after thieves smashed their way through at least 18 state-run liquor stores during all the mayhem, the senseless violence, not keeping some from opening back up for business. >> we opened at 9:00 this morning and we'll open again at 9:00 tomorrow. we're not going to let somebody do something like this that's going to break our spirit and break our commitment to the community. >> reporter: at least 52 people were arrested in connection to all the riots and looting, including three juveniles, two 14 year olds and a 16 year old. very disturbing trace. >> trace: we are watching to see what happens again tonight, christina thank you. ♪ >> trace: well, the fox news at night common sense department doesn't need to offer up an explanation about why looters, robbers, and shoplifters feel so emboldened to take whatever they want from wherever they want. common sense and everyone else, for that matter, understands that crime, minus consequences, equals permission. but even when crime appears legal, the surveillance video showing the various shoplifters or smash and grabbers usually ends with the criminals quickly fleeing, like they did something wrong. but in southern california, two female thieves walked into a nail salon and supply store and walked out with several hundred dollars' worth of stuff. and even though all of it was caught on camera, none of it would be pursued. that is until one of the suspects returned to the scene of the crime. not because of guilt, mind you, but because she left her phone, credit card, driver's license. the thief demanded her property be returned to her. the store owner agreed, as long as the suspect returned their property. well, the criminal was outraged and sum sharely assaulted the catch ear for even asking it be returned. common sense think that's the very definition of a crook that fears no recourse, rips someone off, return to the scene and demand you be allowed to rummage the lost and found. let's bring in former fbi special agent nicole parker. nicole great to have you on as always. here's a philadelphia business owner and i'll get your response. watch. >> since this situation has happened, a lot of people say, you know what, jay, it's time for you to get out of the city. and that hurts me because i love it here. i love the people here. there's so many good people here in philadelphia, there's only a couple bad apples that ruin it. but i think that there's a mentality here in philadelphia to, you know, get out while you can. >> trace: yeah, and that's kind of a common theme across the country, nicole. you have city leaders allowing bad people to force out good people. >> it's absolutely abhorrent, trace. we're seeing this over and over, the situation in philadelphia is absolutely disgusting. we had 50 arrests that took place and at least people were arrested because what's happened is people observe these looters across the country and there's no accountability whatsoever. so when there's no accountability the crimes will continue. one of the individuals who was arrested had been out on bail, originally charged with a third degree murder, the da reduced his charge and he's roaming the streets. it's violent offenders that are repeating over and over and over and it's got to stop. >> trace: yeah. meantime in baltimore, a technology company ceo neighborhood pablo was murdered this week, she was a forbes magazine 30 under 30 highly recognized, very successful, allegedly killed by a man who was sentenced to 30 years in prison, nicole, in 2016. here's the baltimore mayor talking about this. >> it's heart breaking that she is no longer here with us. especially at the hands of someone who, as i said the other day, should not have been on the streets in the first place. now, we will continue to make sure that we are working with our states attorney and our partners to make sure that he does not get that same fate again. >> trace: the problem, nicole, is they're not working together. there's nobody working together to stop this, whether it's baltimore or philadelphia or san diego, it doesn't really matter. >> right, and you know, this situation with this tech entrepreneur that was murdered, my condolences go out to her family. she had such a bright future, the forbes 30 under 30 list, that is quite an honor. and for this violent serious offender to be out on the street after originally sentenced to a 30 year sentence and they get dismissed? it's disgusting and despicable and these progressive liberal policies are ruining our country. >> yeah. i want to put this up because dc now at 200 murders, a record so far. here is the dc mayor muriel bowser with what she thinks might be a remedy. watch. >> we need more officers. we don't have the officers that we need and, sadly, we've lost three to four hundred officers in the last four years. we haven't had officers in our schools and we have policies that make it difficult to recruit new officers. people commit crimes and they're not held accountable. >> trace: the mayor never called for defunding the police but she did march with black lives matter and put black lives matter in front of the white house painted on the street there. clearly there is an idea that if you become a police officer the politicians won't have your back. and who wants to be a police officer. would you sign up in the nation's capitol today. >> oh, absolutely not. i don't know any law enforcement officer that is enjoying working in any far left wing democratic city. it is dangerous. elected officials don't have the backs of law enforcement and she's sitting here complaining but it's her attitude and approach that drove out the three to four hundred law enforcement officers. who is to blame other than the elected officials. americans need to wake up. if you do not like what you're seeing in your cities you need to take it to the ballot box and elect those that believe in law enforcement, enforcing the law and backing the blue. >> trace: we remind them again and again they voted for these things, whether it's sanctuary cities or defunding the police you voted for this. nicole parker great to have you on as always thank you. >> thank you. >> trace: did you see this? because president biden went to california and arizona, two border states though he did not actually visit the border where thousands of migrants are crossing illegally every day. marianne rafferty is live with the very latest on this. maryanne good evening. >> reporter: good evening, trace. president biden has spent the last two days in arizona and california, states that venn a hot bed of illegal immigration and that's why the president is facing fierce backlash for attending events and fund raisers instead of seeing the results of his border policies firsthand. >> we had the lowest rate have illegal immigration in 45 years and all joe biden had to do was not screw it up, just continue to follow 0 the law. >> they need to take this as a priority. there's still no clear path to address this issue from the white house. >> reporter: and customs and border patrol sources telling fox news there have been nearly 50,000 migrant encounters in the last five days alone with roughly 25,000 now in custody. border patrol agents have privately said they're at their breaking point. meanwhile the border did get a high profile visitor today, tesla founder and x ceo elon musk joined representative tony gonzalez to tour eagle pass where our team on the ground says there's been more than 2,000 migrant crossings every day for a town that has a population just under 30 thousand trace. >> trace: can you imagine the ratios there? marianne thank you. carl demaio reformed chair man, and pete peterson pepperdine school of public policy. gentlemen welcome to you both. i want to play this sound, yuma county supervisor talking about president biden's arizona visit, not to the border but to arizona. watch. >> i've invited him several times come and see for himself the challenges that he has created in border communities. i don't believe he's got enwithin 200 miles of the international crossings. >> trace: i mean, it's kind of hard pete to say the border is secure if you actually go down there and see that it's not secure then what do you say. >> this seems to be a pattern with this president. you know, he came into office promising to be this compassion ate. but when you look at the crisis whether it be maui, he still hasn't gone to east palestine with the issue there. he's only been to the border once and that really is the major national crisis of our time. he's just not present. and this leads to this continuing impression of the president that he's disconnected from these major crises. >> trace: i know karl you're talking about this on your radio show in california thousands of migrants are being dropped off in the streets of san diego very close to the boards. here is bored of supervisors jim desmond watch. >> our immigration system is broken. in the absent of efficient government resources and support. it is a clear we, san diego county, we can't just continue down this path. and so we must declare this current situation a humanitarian crisis. >> trace: it could be eric adams. it could be -- i mean, it could be a bunch of these leaders across the country, they all have the same problem we can't sustain this. anybody going to knock on gavin newsom's dor and say maybe this is an issue you need to deal with. >> no, by the way there was a unanimous fifty of two democrats and two republicans on the san diego county board of supervisors calling for government action at the border but they were very nebulous about it because you need to have these democrats not get too far out over their skis on this. they need to call for an immediate surge at the border of personnel, national guard certainly, plus we have to go back to the policies that president trump had shown was -- were able to stem the flow. and that's remain in mexico, empower border patrol agents. i met with border patrol agents this week, the morale is at an all time low they say their hands are tied, san diego county 9700 migrants in the last 11 days, of 5:00 tonight they will break 10,000 as of close of business tomorrow. >> trace: if you look at the numbers, pete and carl both, he's talking 11,000 plus, those are the encounters, not the gotta ways, not the ones that snuck in all together. there are on any given day 13 to 14 thousand border patrol agents covering the border, 500 miles, they just can't handle it and they're being moved to different areas so they're being pulled away from the check points and in comes the fentanyl so forth. but i'm getting behind myself. new york city now distributing flyers at the southern border, they've been distributing them but here's the new one we're going to put up on the screen. new york city is one of the most expensive cities in the world they're telling migrants. go to a more affordable city. san diego's right down the road you might as well go there, right, pete. >> the impression in the new york city case is most migrants are being buffed in from texas and the texas governor. that is not the case right now. in the last year, there have been about 120,000 migrants that they know have come into new york. 60,000 of those are currently in homeless shelters. so the same thing with san diego, you're looking at major unfunded mandates coming down from the federal government, not protecting the border and all of those problems being put on city and state government. >> trace: yeah. 15 seconds carl. >> $11,000 is what the new york city taxpayers have to spend every month for each migrant for hotel rooms. city of san diego is about $7,500 for just motel rooms. those are taxpayer funds going to illegal immigrants who should not be here in the first place. this is a complete disaster and biden refuses to do anything about it. >> trace: does indeed. carl demaio, pete peterson gentlemen thank you >> the impeachment inquiry under president biden is underway. kevin corke is live with exactly what republicans are saying they're investigating. kevin good evening. >> reporter: good evening trace they're saying there is something there there when it comes to the finns regarding hunter and joe biden. but frankly today it was anything but smooth sailing for house republicans because, yes, wile they are taking their time and creating this latest step, what's likely to end up in an impeachment, well, they ran into a few, let's say setbacks with their witnesses today. among them fox news contributor and gw law professor jonathan turley who actually told the committee he did not believe that the current evidence would support articles of impeachment. that is, of course, before, adding that, yeah, he thought an inquiry was fair gachlt oversight committee chair james comer continues to lead the charge. >> for years, president biden has lied to the american people about his knowledge of and participation in his family's corrupt business schemes. evidence reveals that, then vice-president joe biden spoke, dined and developed relationships with helps family's foreign business targets. these business targets include foreign oligarchs who sent millions of dollars to his family. >> reporter: millions of dollars to his family. that's going to be something you'll hear a lot. meantime house democrats accuse republicans of a different type of corruption, suggesting they are abusing their power to target the president. >> we are wasting our time. this is an embarrassment. an embarrassment to the time and people of this country. >> reporter: hers is a sentiment obviously shared about the white house which tonight in a statement said of house republicans, they should focus on doing their jobs to avoid economic disaster. not these partisan dc games that have nothing to do with helping americans' lives. and there will be more of that i'm sure, trace. >> trace: more i be deed. kevin corke live in dc. kevin thank you. let's bring in former deputy assistant attorney general john yoo, john, fox news writes the following quoting here, the $250,000 wire hunter biden received from his chinese business partners was labeled as a, quote, personal investment despite his legal team claiming the funds were part of a loan and previously saying he never received any return on his investments. so the money is for, quote, a personal investment and yet the team biden said they never received any return on his investment. what do you think of that, john? >> today's hearing shouldn't overshadow the good work that comer and his investigators are doing. they are the ones, not the justice department, they are the ones uncovering things like this wire, which seem to just be payments in exchange for nothing. a no-show job. the justice department actually prosecutors american company who does this with the sons of foreign government leaders. so the problem with the hearing today is that it was establishing the legal grounds for starting an impeachment inquiry. a lot of people wanted to see new facts but the committee has been releasing those facts over the last few weeks as they discovered them including the news of this kind of wire that went of course to president biden's home address in fact. >> trace: on that note i want to check you on the timing john to make sure we're on the same payabling and what you think of it. the wire was sent to joe biden's house in july of 2019. the white house said that hunter lived there during covid but yet covid was a year-plus in the future. it just doesn't quite jive. >> this is what the comer investigation has to nail down. people are saying, what's next? what's going to happen with this committee? we only have the initial evidence that you just need to start an inquiry. that's just like starting a criminal investigation. that's different than proof beyond a reasonable doubt which you prove at courtroom. so you need to get questions to witnesses. you need to bring in people like hunter himself under oath like other biden family members under oath. because not only do we need to find out about more about the money, the $25 million that came in, we need to know where the money went. and then did president biden and his family actually do anything in exchange for that money. and were there any coverups of any federal investigations into it. >> trace: i want to play this, jonathan turley, i have 15 seconds on the back side for you, john, watch. >> in fact, i do not believe that the current evidence would support articles of impeachment. that is something that an inquiry has to establish. but i also do believe that the house has passed the threshold for an impeachment inquiry into the conduct of president biden. >> trace: don't see the fire but boy there is smoke. your final thoughts on this, john. >> there's way more evidence here to start an impeachment inquiry than there was, i think, with president trump's first impeachment involving ukraine that went on three years ago. >> trace: yeah. john yoo great to have you on as always. meantime a civil fraud trial against former president trump will begin as planned on monday after an appellate court judge refused to grant mr. trump's request for a delay. with us now former spokesperson alina habba former president's now spokeswoman alina habba. michael cohen, trump's former attorney, his fixer, said this. >> let's not for get, alina hob a made a terrible error, trump's attorney, by failing to check off a certain box that had the case as a jury trial. it is now a bench trial. so judge and goron will be the seoul decider on what the damages are. >> trace: yeah, no surprises cohen's going after you, he's going after pretty much everybody alaina. your thoughts? >> oh, i'm so happen you asked me about this, i can't even tell you. michael cohen i'm not sure you've seen a courtroom before, i'm pretty sure you haven't other than when i beat you a few months ago. but let's remember something. those of us that do litigate under that under 63 c-12 which is what this case is, you don't have a right, an absolute right to a jury. and that doesn't mean that i could check a box michael. so next time you should do a little research before you bash somebody. i'm not surprised. but, look, this is a man who has made a career of being relevant by walking around from prosecutor to prosecutor, from 3-letter government investigations to investigations to try and take down trump. that's his identity. so it's not surprising to me that a man is upset with me. look, he tried to sue president trump. we beat him. that was not very well publicized because the left media doesn't want you to know. but this is who this guy is. so i really hope, you know, he is careful with his words, he should be. he should educate himself but this is a man who doesn't have a license in the southern district of new york, as we all know, called him a fraud and he went to jail i have about 30 seconds for you, what do you make about the former president's children being dragged into this and the new york times saying he could lose some of his marquis properties? >> what a disgrace. the trump organization is an amazing american story about business owned by a family. and now they've used his politics to go against his children. i mean, it's terriblement never mind him and the 850-plus employees that work for this organization who i know and love. this is a terrible thing. and these children -- and all of them, have done nothing wrong. it's a disgrace and it's a political witch hunt. it's a witch hunt now on children and family because they don't like trump. by the way our country was doing a whole lot better. >> trace: it starts on monday. alina thank you so much for coming on >> meantime coming up a virginia school board is hit with a lawsuit brought by parents who demand they stop ignoring governor youngkin's policies. and vivek ramaswamy last night called on teens to avoid social media. do you think people under age 16 should be banned from using apps like tik tok and instagram? let us know on x and instagram at trace gallagher. weigh in we'll show you the results and read the best responses in the nightcap. 8:21 on the west coast. here's a fox news at night trip across america. here's a live look on avalon bay a on the coast of southern california about 29 miles away. and now on to protective stadium in birmingham alabama home of the uab blazers. it's not tuscaloosa but good night lyla grace and roll tide and live look at boston university, if you can't join us live, don't forget to dvr. we're coming right back. ♪ neither snowcapped mountains, nor puddles of water, nor unexpected detours with a 20 foot drainage pipe, can stop the ruggedly capable telluride x-pro from getting you to your dinner reservation on time. ♪ okay! ♪ listen, your deodorant just has to work. i use secret aluminum free. just swipe and it lasts all day. secret helps eliminate odor, instead of just masking it. and hours later, i still smell fresh. secret works! ohhh yesss. ♪ it's because of tiktok that i had to go out and get a website. i'm at a point now where i've outgrown my house. growing up, every me i'd get out of the shower, i would itch. my first experience with goat milk soap, it kinda was like a light bulb moment. tiktok is a fantastic platform for diy. if you'd have told me three years ago that i would own my own business and be expanding into a separate building, i would've told you you'd lost your mind. mara, are you sure you don't want -to go bowling with us tonight? -yeah. no. there's my little marzipan! 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[ laughs ] mara, your parents are -- exactly like me? i know, right? well, cherish your friends and loved ones. let's roll, daddio! let's boogie-woogie! ♪ . >> trace: a virginia school district now being sued by parents who say they violated the republican governor's guidance on transgender policies. kevin corke is back with us live with what's in the lawsuit and how the governor reacted. kevin. >> reporter: trace, governor glenn youngkin here in the commonwealth of virginia obviously right across the bridge says local school districts don't really have a choice in adopting his administrations new policies for the treatment of transgender students, warning that the remaining holdouts are frankly putting themselves in legal jeopardy. quote, there's no decision to be made here. our law is crystal clear. the governor's position, according to supporters, bolsters the fundamental rights of parents. that is, if a child isn't old enough to make any number of basic decisions about their life and their health without parental consent, because they lack capacity and experience, well, this should be no different. >> you can't get a tylenol or aspirin in a school without parental permission, how in the world can you begin to talk to a child about questioning their own gender without parents being deeply engaged? >> reporter: lot of parents will agree with that position. now the lawsuit, trace, argues that virginia school boards have to adopt governor youngkin's administration's policies which roll back many accommodations for so-called transgender students urged by the previous administration, the democratic governor ralph northam trace. >> trace: let's bring in bethany mandel and, for american federation and senior fellow and author of the new book the parent revolution. corey, bethany, thank you for coming on. bethany to you first, what do you make of the lawsuit to force the school districts, this is in your area, to adopt the governor's transgender policies? >> this is exactly why youngkin was elected. this was a purple state that leans blue and he was able to get elected in virginia because parents understood that he was their fighter. and this is him following through on that promise of why he was elected. i think it's fantastic and he thinks it's fantastic. he's pushing this hard and he should be. >> trace: i want to move on corey to you because the los angeles unified school district is quoting here a week of action. each day devoted to a different lgbtq plus celebrity. this is for elementary school as young as five, monday jazz jennings lgbt activistment tuesday marsha johnson transender. thursday a gay wnba star and friday gay former nfl athlete. a lot of parents are asking the same question, can't we teach the kids to read right and teach math. >> taxpayers aren't getting what they paid for. they pay $20,000 per student a year not getting basics right why are they focusing on other topics. it's so strange how the far left is focused on inserting topics into elementary schools, focus on the basics, get the matt reading and arithmetic correct. >> trace: that's it. bethany you look at the numbers from city journal, 59% of third graders can't do math correct in los angeles. free throw % of third graders can't do english yet the journal says pupils chair experiences of discrimination or privilege along 12 action ease including race gender identity sexual assault mental health and body size. this mapping allows seven year olds to see themselves as the lens of intersection ality. what do you this i about that bethany? >> the left has controlled the american public education system for decades and they are failing and they are flailing and they understand that they have no answers, they have no way of righting this ship. and so they are shifting their focus to all this lgbt indoctrination and trying to distract us. and, honestly, the right is falling for it in some ways but we have to fight back against it. we can't just let them decide that the public school system is now where you learn about et jot page. we need to understand that this is how they're shifting away from the fact that they are failing america's kids. >> trace: it really is big time. we're talking about by the way the second school district. los angeles has now rescinded the covid vax mandate for employees because, what they're telling us, corey, is because there is evolving medical data just in the past ten days, that that's the reason they're doing this. here's an attorney, her name is jennifer kennedy at the lausd school board meeting. watch. >> in the name of health, you demanded that employees submit to an irreversible eua injection a medical procedure with documented risks like blood clots, myocarditis, stroke and death. in the name of safety you demanded submission to the shot that never did, never could, and still does not prevent infection with or transmission of sars cov-2. >> trace: talking brand new science corey. there's bs in that brand new science thing but that ain't it. >> where have they been the past few years. we knew this all along and the grocery stores were open tprivate schools were open, the public schools should have been open too. the reality is teachers union held children's education hostage to receive multi billion dollars payments from taxpayers. we saw in los angeles they had a report on safely reopening schools. they wanted a wealth tax police free schools, medicare for all in order to reopen schools. it was a hostage-taking scenario but i'm glad they overplayed their hand because parents got to see what the hell was going on in the classroom and so many parents have woken up and pushed back at school board meetings but they're showing up at the ballot box too to hold authoritarians responsible once and for all. >> trace: it opened a lot of parents eyes over the past three years. bethany corey great to have you on as always, thank you >> meantime a former professor at hunter college in new york city seen holding a machete at a new york post reporter's throat in may appears to have a new teaching job this fall. here's correspondent nate toy. >> reporter: shailene rodriguez appears to be teaching students again in new york city. she's listed as an ad jufrjt professor at the cooper union school of art, a part-time position at the school which offers degrees in architecture engineering and fine arts. back in may she reportedly accused hunter college of capitulating to racist wyatt nationalist and misogynist when the school fired her after this. >> get away from my [bleep]. get the [bleep] away from my door. >> let's get out of here. >> these videos are from the new york post which shares common ownership with fox news. you see rodriguez chase the photographer outside her apartment with the machete. she eventually turned herself in to police to face one count of menacing and one count of harassment. she smiled at the cameras while leaving the police station for the courthouse. this happened after she aggressively approached a pro life student at hunter college. >> this is [bleep] propaganda. what are you going like anti-trans [bleep], [bleep]. >> reporter: hunter college and the school of visual arts fired rodriguez after her arrest but she believes she's the victim. rodriguez is due back in court on monday, expected to be there in person, but as the legal process plays out it seems she is back to teaching just four months after being fired. the cooper union school of art did not respond to fox news request for comment. trace. >> trace: nate foy, thank you. coming up the mayor of san francisco says she has a new felon solve the drug crisis in her city and a lot of democrats don't like it. still ahead a parents' worst nightmare we'll tell you what one couple found in their baby's stroller. and a bear crashes a birthday party. the day's best viral videos next. here's a live look at the city by the bay, san francisco, 35 minutes past 8:00 here in california and we will be right back. ♪ dry skin is sensitive skin, too. and it's natural. treat it that way with aveeno® daily moisture. formulated with nourishing, prebiotic oat. it's clinically proven to moisturize dry skin for 24 hours. aveeno® to finally lose 80 pounds and keep it off with golo is amazing. i've been maintaining. the weight is gone and it's never coming back. with golo, i've not only kept off the weight but i'm happier, i'm healthier, and i have a new lease on life. golo is the only thing that will let you lose weight and keep it off. who loses 138 pounds in nine months? i did! golo's a lifestyle change and you make the change and it stays off. (soft music) ♪ ♪ mom! mom! every day can be extraordinary with rich, creamy, delicious fage total yogurt. when moderate to severe ulcerative colitis takes you off course. put it in check with rinvoq, a once-daily pill. when i wanted to see results fast, rinvoq delivered rapid symptom relief and helped leave bathroom urgency behind. check. when uc tried to slow me down... i got lasting, steroid-free remission with rinvoq. check. and when uc caused damage rinvoq came through by visibly repairing my colon lining. check. rapid symptom relief... lasting steroid-free remission... ...and the chance to visibly repair the colon lining. check, check, and check. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least 1 heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. put uc in check and keep it there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save. ♪ >> trace: first up in tonight's real news roundup the united auto workers union may expand strike to more auto plants tomorrow. the strike is now on day 14 with no deal yet in place. the union has shut down one assembly plant at each of the big detroit three plants as well as dozens of parts and distribution centers. california governor gavin newsom signed a bill today that requires fast food restaurants with more than 60 locations in the nation to pay their employees at least 20 bucks an hour. the law will take effect in april of next year and, yes, the price of a big mac is certain to go up. >> it's time for us to get serious with treatment and with support for those suffering from addiction in light of what has happened with the number of people who are dying. >> trace: that is san francisco's democratic mayor london breed announcing a new plan that requires residents to comply with drug testing and treatment programs before getting welfare checks. the mayor says san francisco's a city of compassion and accountability, but the plan will get some bush jack from her progressive counterparts on the city council. let's where i in psychiatrist and former ms. laguna beach. dr. yalda safai. dr. safai great to have you on. she's saying listen the homeless services to get them, you need to have treatment and you need to be clean. is there a possibility of this actually happening? >> this is really tricky because on the one side when someone's plagued with addiction, every money they have, any cent they make goes into feeding their addiction. if we're giving these vulnerable people money we're part of the problem. we're perpetrators basically. on the one hand there's that. on the other hand, if a person's struggling with addiction doesn't have money to get drugs, what's going to happen? crime's probably going to go up. so if you're going to take the money away from people who are struggling with addiction, you have to implement policies to help them. >> trace: fair assessment. i want to move on because last night we were at the debate and interviewed vivek ramaswamy a couple of times. so he said a couple of things that would be very interesting to you. first he said that he was, well, in fact let's just play this and we'll talk to the doctor about it. here's the sound bite one. >> i have to be very clear about this. transgenderism, especially in kids, is a mental health disorder. we have to acknowledge the truth of that for what it is. >> trace: telling a psychiatrist it is a mental health disorder. what do you make of that statement? >> according to the diagnostic and statistical manual of psychiatry, which is the bible of psychiatry, currently gender dysphoria is categorized as a disorder. however, trace, you've got to keep in mind there was once a time homo sexual assault was also considered a disorder so i'm just going to leave it at that. >> trace: yeah. so you would debate that with vivek about the outcome so where is he getting that? do you think he's actually getting it from the book itself? >> it is coming from book itself, that's true. but we also evolve. up until 1990 we thought homo sexual assault was an illness we no longer think that so maybe in ten years or so it won't be in the book anymore. >> trace: the second thing he said was about social media. watch. >> and this isn't a republican point or a democrat point, but if you're 16 years old or under, you should not be using an addictive social media product, period. >> trace: the conversation was really about tik tok, dr. safai, right? then it kind of morphed into social media overall and, you know, i was talking to him on the set and i asked him about this and he said look this is the way it should be you have to cut it off at some point and i think 16 years old is a point. >> he compared it to fentanyl and he's absolutely right. addiction is addiction, right? they're all kind of reinforced with the secretion of dopamine, we talked about this before. but cutting social media at the age of 16 might not be practical. since when does a 15 year old listen when you tell them not to do something. i think we need a better policy for this. i think we as adults don't know how to handle our own phone addiction. so we're not good examples for our children. so let's start with ourselves. >> trace: as the father of two girls and i can tell you by the time they were 13 or 14, they were fully emersed in social media and it's really hard, because all of their friends are also emersed in social media. really hard to say you need to put that down, that is no longer allowed. like what? what do you mean. >> exactly. >> trace: it's just tough to police that kind of stuff. >> exactly. >> trace: so, yeah, that's the thing. dr. safai thank you as always. we appreciate it. >> thanks for having me. >> trace: well, first up in tonight's viral videos, a hump jack whale was rescued after it got tangled up in rope and chains attached to a whooy ten miles off the coast of australia. the rescue team at sea world freed the whale after about 15 minutes where it rejoined other whales along that migration rout. what or not what you want to see hitching a ride right? a tennessee couple was shocked to find, and you have to look close, a venomous copperhead snake inside their baby's stroller. you can see it, right, pop its head up and slither around in the carriage. luckily the parents spotted the snake before they put the baby inside. >> and talk about an unwelcomed party guest, in mexico a bear crashed a boy's birthday party by jumping on the table and munching down tacos and french fries. the boy's mother remained still as she covered her boy's face and avoided eye contact with the bear. just don't touch the bear. the bear eventually left because it was full and they ordered brand new food for the rest of the party. if you have a viral video to share, share it with us at trace gallagher or at fox news night on social media. okay. so here we go. coming up, we still got dr. safai sitting here and this is great because the age old question we're going to ask you we just asked her. do you think people under 16 should be banned from using social media? there's a lot of discrepancy. it's not just black and white like we said. a lot of people have different views on this. there's still time for you to weigh in on x and instagram at trace gallagher. the nightcap crew is next and maybe the doctor changes her story. maybe she changes her answer. but first, a live look at meade bay and the island of antigua in the british west indies. we are coming right back with social media and age limits. ♪ ♪ on your period, sudden gushes happen. say goodbye gush fears! thanks to always ultra thins... with rapiddry technology... that absorbs two times faster. hellooo clean and comfortable. always. fear no gush. 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. ♪ . >> trace: so we are back with the nightcap crew, christina coal mornings moifshths kevin corke, carl demaio, dr. yalda safai. tonight social dilemma. last night vivek ramaswamy said he thinks individuals under the age of 16 should not be using social media. so do you think people under 16 should be banned from using social media, something in between? what's your thought on this? we have to probably go with the person with the most children which is bethany mandel here. bethany, because you have -- this is a major issue in your household. a i'm wondering what you think about this. >> i think we shouldn't count on the government to do parenting for us. this is a choice parents should be making and it's hard to enforce from public policy as well as in your own household but parents have to start somewhere and i think 16 is a good age. but, god bless us if we're going to try to enforce it in any way. >> trace: it's really interestling. kevin corke do you have any changes on what bethany said? >> you know i agree with her a hundred percent. your job as a parent is to parent. and i think if you teach your children properly, they'll mostly make decent decisions. sometimes they'll fall off but i don't think that's a reason to not let them have access to that. >> trace: i think christina coleman and maryanne both have children here and it's interesting because you have to go through this social circle, right? because all of their friends are also on social media, christina, and it really is hard to tell your child that they can no longer hang out with their fends even if it's online. >> right, and i find that kids are going to get ahold of what they want to get ahold of. it's important for us as parents to put in context what they're seeing, to know what they're seeing, to monitor it and teach them to be responsible. but if you do notice your child's going down a rabbit hole on line and getting involved in something scary then absolutely take it away. >> trace: it's interesting. i want to see if dr. yalda safai has changed her theory on this at all, maybe you haven't, because the whole thing is as you were talking about addiction, and you wouldn't give kids anything that would make them addicted under the age 16 and yet we are doing it in this case. >> it's like forbidding fruit right? you tell a 15-year-old not to do something they're going to want to do it, they're going to find a way to do it. it's not practical. i would say find limits based on how old your kid is but a ban is not going to work. >> trace: carl demaio your thoughts. >> i was kind of surprised when he brought it up at the debate last night because we're not for bans, we're for freedom and exercise your freedom responsible and that's how parents are supposed to teach kids. sometimes mistakes are learning opportunities and i think that bans are just again enfringing upon freedom. >> trace: marianne rafferty. >> my 11 year old has not asked to be on social media and i'm going to stretch that out as long as i can because it's nice having dinner and talking so, you know, no electronics at dinner. >> trace: we've gotten everybody in there. instagram the poll says yes, 73% on x say you should be banned, instagram 69%. numbers higher than i thought. dina ray says social media is detrimental to everybody's mental health but adults have more coping mechanisms and thicker skin to handle the toxic interactions. philip i said no because the pressure is too great for young americans to keep up and unfortunately social media is our town hall. cindy said i kind of wish it was banned for all of us. life was so much better for all of us. thank you for joining the nightcap and for watching america's late news.n. i'm trace gallagher. see you back here. i went into a depression. (how do you feel about that?) pretty sad. i posted it to show that kenny's not always happy. within 24 hours people had donated over $5,000. no, you're kidding. (we set up the patriotic kenny foundation) (to give mobility scooters to veterans.) it has changed my life tremendously. (none of this would've happened without tiktok.) ♪ >> judge jeanine: hello

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