and this is america's late news, "fox news @ night". raking tonight, the american flag still proudly flies in indiana high school despite the school saying old glory might be offensive and despite telling a student to take it off his truck or else. the student refused and in minutes he will join us live to celebrate this american victory in a "fox news @ night" exclusive. but first, we officially have ourselves a presidential race. president biden other presumptive democratic nominee and former president trump just moments away now from clinching the republican nomination. senior national correspondent live in bc with the latest on the rematch -- dc. >> reporter: good evening, a couple of ways we can go with this one. we can think of the pending presidential rematch as rocky two, stallone versus creed the second time around or perhaps we think of it as grumpy old men the redox. grumpier old men, but by any measure, we've seen this play before and we will all see it again play out this coming november. heading into the night, president biden had over 1800 delegates, needing just a few more to secure the democratic nomination. of course he did that very early in the evening. meanwhile former president trump had more than 1000, needing just a bit over 100 to secure the gop nomination for the third consecutive time and in fact he has done so or will do so shortly and that means he will be in the history books as having achieved something that very few, if anybody else has been able to pull off certainly in modern times. there are a few contests i can tell you about, georgia, mississippi, washington holding primaries, hawaii held a gop caucus. for both men it's a clean sweep. so that means that they are now ready to go toe to toe but with no public events tonight, we thought we might hear from both of the campaigns. here's what the biden camp has to say tonight, a statement reading in part, i am honored that the broad coalition of voters representing the rich diversity of the democratic party across the country have put their faith in me once again to lead our party and our country in a moment where the threat trump proposes is greater than ever. now we thought we might read something on truth social, we've been watching all night. nothing yet from the former president but as you can well imagine, the rematch will be not just an expensive one, probably a pretty nasty one too. of course we will be watching it together. that means months and months for you and i to talk about it. >> trace: been doing this a long time, kevin, never heard carl weathers and stallone and -- in the same praise. it's a great night, first time for everything. thank you. meanwhile fireworks on capitol hill as special council robert hur as divide on the findings into his investigation into president biden holding onto classified documents. the hearing was not good for the president. maybe worse for democrats. live with the breaking information on this, good evening. >> reporter: good evening, robert hur the former special council who investigated how president biden mishandled classified records. you may recall the bombshell report that called biden an elderly man with a poor memory. today he testified on capitol hill that he did not exonerate biden. hur did testify that biden was holding onto classified documents which investigators say was confirmed through audio recordings in which biden allegedly told his ghostwriter that he had "classified stuff downstairs in his rental home in virginia. >> we identified evidence that the president willfully retained classified materials after the end of his vise presidency when he was a private citizen. we did not however identify evidence that rose to the level of proof beyond reasonable doubt because the evidence fell short of that standard, i declined to recommend criminal charges against mr biden. >> reporter: today the white house insists that decision not to prosecute amounts to an exoneration. >> there is no case. the president is innocent and that was the conclusion of this case. >> reporter: some house republicans insist there is a case against biden and ultimately they say if biden is not being criminally charged for mishandling documents, then neither should president trump who is accused of storing classified materials at his mar-a-lago home. >> on defense material handling and classified documents, the biden backs from the former prosecutor are better than the trump facts. >> i can't see how you could decline these charges and yet go forward on the classified documents charges against trump. >> reporter: today hur also addressed why he wrote that biden's memory was poor in his report. hur said he was tasked with determining whether biden willfully held onto the documents, therefore he felt compelled to acknowledge his own conclusions about biden's mental capacity. >> trace: thank you, let's bring in the editor of restoring america for the washington examiner along with criminal defense attorney and federal litigator. thank you for coming on. here's a little of joe biden getting caught red handed say. watch. >> we identified evidence that the president willfully retained classified materials after the end of his vise presidency when he was a private citizen. we also identified other recorded conversations during which mr biden right classified information allowed to his ghostwriter. [ simultaneous talking ] >> president joe biden: i did not share classified information i did not share it. >> reporter: so, you know, maybe a little bit of a fib on that thing. this was for an 8 million dollar book deal. clearly he won't be prosecuted because he's the president but what do you think about the facts of this case as you see them with this hearing today? >> it's really a stretch of the imagination as a defense litigator and i'm sure prosecutors on the other side would agree. the bretton the detail of the justifications do not charge president biden with criminal offenses that are provable is astounding. it's very rare to have a prosecutorial agency outline all of the reasons why they cannot prove a case. in essence the 388 plus pages could have been distilled into one sentence, that is, i, robert hur believe president biden is guilty, i just can't prove it. >> trace: i want to put some democrats up there. a lot of democrats bashing robert hur today and i will get your response. >> you cannot tell me you are so naïve as to think your words would not have created a political firestorm. >> he did not recall how he got the documents and you knew that that would play into the republicans narrative that the president is unfit for office because he's senile. >> you exonerated him. >> trace: they talked over him, they wanted nothing to do with the truth. it was all about politics as these hearings have become. >> right and there is an indisputable fact that has come out of the transcript, out of hur's testimony before lawmakers and that is that joe biden did break the law in this manner. he did willfully retain and share classified information. he mishandled that information and hur's difference here is he saying that he did not believe that a jury would necessarily find that. that does not change the fact that biden broke the law in this matter. what also has become clear reading the transcript of this interview between hur and biden is that biden himself tried to distract from his own violation of the law by leaning into the uncle joe guys that he's -- for years. when he was asked tough questions about his mishandling of classified information, how did he respond? he brought up his son's death, he brought up his corvette, he at one point bizarrely started making car noises. this is his classic mo. gets to distract and deflect so that people don't start looking too closely into him. he's a con man and in fact he's not even a good one, he's just a well-connected one. >> trace: just some breaking news coming in, we talked about this at the start of the show, the rematch appears to be on. now we've been told that president trump has now apparently won, projected to win washington state, so we really do have a rematch now. washington state the primary just called for the former president, 71.6%. it was a big number and it appears that he has clinched the nomination. it will be biden trump the rematch. now back, the following was said, watch. >> it was like playing a game of clue and having all the murder weapon locations, the suspect that but colonel mustard just couldn't remember how he got there. i can't see how you could decline these charges and yet go forward on the classified documents charges against trump. >> trace: because the quote was, biden willfully retain classified documents, but apparently is not going to happen for biden, let's prosecute the other guy. >> we really need to understand the difference between a state prosecution and a federal prosecution. in a federal prosecution, there are a number of defenses that are always available and sentencing guidelines that dictate to the court what a sentence should be. one of those departures is diminished capacity or a person who was not competent at the time a crime was committed. it does not say you prevent the charging -- filing charges against a person, but the person has a right to raise that departure. but in this case, contrary to that department of justice policy, proactively, the department of justice through hur said i can prove the elements but there's a slight chance someone will believe us and will have sympathy for the old man. that's a new criminal standard i would love to use for my clients but unfortunately i don't think it will work for mine. >> trace: criminal standard aside, about 20 seconds, politically it just looked very bad for joe biden and democrats. he was caught a number of times, even with the hole, you know, saying how dare they do that and he's the one who brought it up. >> he has lied about this repeatedly and again, this only serves to exacerbate their concerns about his mental capacity moving forward. to the democrats who thought that his date of the union address would solve all of his issues, think again. >> thank you so much, we appreciate it. [♪♪] [♪♪] >> trace: quickly back to breaking news, donald trump has reached the magic number, 1215 delegates, that means the former president has collected enough delegates to clinch the republican nomination for president for a third straight time. earlier tonight trump was projected as the winner of primary contest in georgia and mississippi and now we are projecting him to carry the boat in washington state as well, and that puts him over-the-top and that puts the rematch back on. trump versus biden 2024. meantime a progressive democratic lawmaker in california is pushing a new bill that would use taxpayer money to protect and defend illegal immigrants from deportation, even if they committed a violent crime. >> reporter: good evening. a controversial california bill aims to provide legal aid to illegal immigrants charged or convicted with violent felonies and it could be reintroduced as early as next week after it was pulled from committee today. democratic assembly member reggie jones sawyer who introduced the bill said he wasn't sure he would make it to committee because of personal reasons. saying in a statement last month that the one california immigration services funding program he hopes to expand with this legislation has "failed to h california's commitment to racial equity as the program prohibits funds from being used to assist certain individuals who have a criminal history. right now that program primarily provides legal aid to unaccompanied minors. the legislation, if passed, would extend the program to illegal immigrants with the intent to reside in california. including those with a criminal record and even provide legal representation to help prevent deportation. republican assemblyman claimed victory for the delay, writing on x, because of the pressure that we and the public put on the democrats, they had no choice but to pull it. this is what an effective opposition party looks like. the office told fox news a bill can be pulled twice from committee before it's considered null and void. this is the first time jones sawyer's bill has been pulled. >> trace: thank you, let's bring in former arizona candidate and curry -- current senate candidate. i want to talk about that bill because it has ramifications all across the country, if california were to put this bill back on the front burner so to speak. it's the equivalent of letting the accused illegal immigrant in georgia literally defending him, using taxpayer dollars to defend him, and people are thinking what are we doing here? what are your thoughts on this? >> nothing surprises me in joe biden's world. i mean joe biden calls these murders, rapists, attackers, drug dealers, human smugglers "newcomers." they are nothing more than criminals and our young girls, our daughters, it's horrifying what is happening and i'm telling you right now, i'm with the american people every day. and here in california right now, we flew in for about 12 hours and i spent the evening with parents here in california who are horrified. this is a blue state, allegedly. let me tell you, this is in america first state and the moms i talked to tonight, the fathers i talked to tonight are fed up and they want to take this country back. they don't want people pouring across a legally, committing crimes against our children, against our families, and breaking into our homes and dealing drugs and they are fed up and i think things are going to change come november. we are seeing it tonight with a huge victory. >> they are fed up and that's the whole point. it's creating a groundswell. you look at georgia, it's creating a groundswell for people like you and the former president because they are so fed up and it really is -- i mean it's backfiring on the democrats. they are saying no consequences for the border, this is backfiring on them. >> yeah, i mean joe biden had to come out and apologize for calling the killer an illegal immigrant. he's here illegally, he is allegedly a murderer and joe biden is so worried about making angry the woke mob that he's stumbling and bumbling to apologize. when is he going to apologize to her family, when is he going to get her name correct. the american people see what's happening, they don't like what's happening at the border and i don't even know if laken riley was a democrat or republican. i don't care what her political affiliation was, i care about the american people and nobody is getting a free pass when it comes to paying higher prices for gas and groceries, nobody's getting a free pass when it comes to getting away from the criminals because they voted for joe biden. the american people, even joe biden voters, are realizing they made a mistake and we have to make a course correction or we are going to lose our country. >> yeah, great to see you. s tough luck, thank you for coming on, we appreciate it. >> thank you trace. [♪♪] [♪♪] >> trace: the "fox news @ night" commonsense department thinks california is no longer just a sanctuary state for a legal immigrants, it's pretty clear california is now really a sugar daddy state, paying for rent, food, healthcare, college, possibly legal fees, even for those who commit violent crimes and of course cell phones. now the golden state is pushing to give those in the country illegally home loans. a 20% down payment up to $150,000 with zero interest. zero payments until the home is sold. the state is even lowering the financial requirements so that illegal immigrants who cannot afford a home can now afford a home. didn't america try this before? for those who could not qualify for loans still given loans, right. commonsense is getting recession vibes here but if you are in the country illegally and can't afford to make the payments, who does the mortgage company go after and why do illegal immigrants qualify for loans not given to legal residents like the poor, the homeless, veterans and of course taxpayers? you know, the people who fondle legal immigrants getting the funds. commonsense nose young people in california from good colleges with good jobs and still no good to buy a home because it is unaffordable unless you obtain the little sanctuary and a lot of sugar. >> so many of our young people, young couples, are just giving up on the american dream because it's so hard for them to own a home and now you have california trying to get homes for legal immigrants? are you kidding me? it's absurd. and, you know, any time are thinking about rights for criminals and people who are doing things illegally over the rights of our own people, we have a major problem and i hope the american people recognize that. >> trace: dr ben carson showing commonsense there as well. let's bring in chef andrew, great to see you. you look at this and doctor ben carson's right. my kids won't be able to afford a home here, at least for many years in california. friends of ours, there have friend are living in texas and tennessee primarily because they can't afford a home in california and now they are saying well we can't really help the young people out here but we can certainly help these people who are the "newcomers." >> i mean classic california, right? making absolutely no sense. i look at this through the lens of a small business owner and think to myself, how is this helping the community? every single thing i have to do as a business order -- owner in order to be able to operate and the hoops i have to jump through are just so arduous and now you've got people who come to the country, they don't know the laws, they don't understand how society works, but then they are just being given hundreds of thousands of dollars worth of goods back and for what? >> trace: it's crazy. you can if i thought -- amplifies with this, it's right up your alley because some oakland restaurant owners are so fed up with crime they are now making a stand. listen to this. >> we aren't going to pay taxes to the city until they give us what we want. >> i feel like we need to start somewhere. i mean it's ridiculous. it seems like it's getting worse >> trace: i mean they are restaurant owners and they are saying we are not paying taxes until they fix what's happening in the city. you can't really blame them. >> i mean look, i think this is the mood, this is civil disobedience by the group in the business owners have to stand up and say look, all you want from us as our money to begin with, you don't care about our safety, clearly. so don't pay the taxes. i think they should be a movement that goes further and further all the way down to the individual. >> trace: and you were just saying earlier that oakland was really the home of this natural food movement, the new food movement, it was one of the basic places for california to start this renaissance. >> and any young chef wanted to get their start in oakland or the bay area because they wanted to work for all of these celebrity chefs and now they've all left the city. it's like tumbleweeds flying by. >> trace: are fox affiliate in oakland says the taco bell locations closed dining rooms due to safety concerns, four in oakland, taco bell locations have seized indoor dining indefinitely, switching to drive-through service only. the decision to halt dining operations reportedly stems from repeated robberies at some of the locations and safety concerns. i mean the job's dangerous, they can't find these kids to work them, i don't blame them. i mean oakland is becoming really a slow coast down. >> when we shut down the dining rooms in taco bell's, we've hit rock bottom. i thought the most dangerous thing about taco bell was such a loop and what it did to my digestive system but the thing is that now, look, you know what's going to happen next is they will start robbing the drive-through's. it's not going to stop, that's the sad thing about this. the economics of having to close your dining room after you probably pay top dollar to build a drive-through in the cities, they are losing all their money. >> trace: great to have you on, thank you. coming up, and indian a high school student goes viral for refusing to remove an american flag from his truck on school property. the school threatened insubordination but now the school is big time backtracking. cameron will join us live after the break. and later in the night, cab car companies using onstar systems to spy on you. and could be selling your driving habits to insurance companies, telling your insurance company how far you drive, how fast you go, how fast you stop. is it okay for your car to survey liu and then tattle on you? yes? no? why? why not? let us know on instagram @tracegallagher and we will read the best responses coming up. 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[♪♪] [♪♪] >> trace: and indian a high school is now backtracking after one of it's students went viral for refusing to remove an american flag from his truck. matt is back with a story that is captured the country. >> reporter: cameron blasek is a senior at a rural eastern indiana high school. he says he was asked to take the united states flag off his truck but he says his family taught him never to back down in something you believe. >> the school came to me and told me you have to remove this flag otherwise you are getting written up or insubordination and i kind of just told them straight up it's awkward to happen. i read them the road handbook and the guidelines and indiana state laws and everything that shows are perfectly legal and find to fly the flag. >> reporter: it happened at east central high school, it administrator told the 17-year-old it was a violation of school rules for cameron to park his truck and the school parking lot with the american flag on it. as a show of support other students showed up to school with american flags on their cars. the principal at east central high school says there may have been some misunderstanding. the school is no allowing cameron to display his flag, write-in, after careful consideration and in recognition of the importance of the u.s. flag as a symbol of unity and national identity, i am pleased to inform you that we are allowing the display of the u.s. flag by students in the east central high school parking lot. cameron says there are a lot of veterans and his family and he's considering joining the military himself. >> trace: let's bring in east central high school senior cameron blasek. great of you to join the show, we appreciate this. the school is now coming out with a statement. i'm wondering what you think because the school is saying maybe it's a misunderstanding but i've heard you many times saying there was no misunderstanding here. they told me to take the flag off my truck or else. >> yeah, that's correct. and there was no misunderstanding with me. they had told me straight up, take the flag down or else you are getting written up for insubordination. >> trace: and when you came and said listen, a check the laws, the school rules, there's nothing in here, what was their response to you and did they say it listen, you have to be conscious of other people because the flag might offend them? what were the reasons they were giving you for wanting your flag to be taken down? >> yeah, so when i came to them and read them their own handbook and then showed them all the rules and regulations of flying a flag on your vehicle, it showed that my truck followed all of those. they were kind of shocked by that and the reason they gave me for my removal of the flag would be that other students could find it offensive or if i flew the flag, other students good flight more offensive flags. >> trace: and i'm wondering when they said other students might find the american flag offensive, did they say why those students might find the american flag offensive or were they just kind of laying that on you? >> just kind of laid it on me and left it there, that was the only reason they gave. >> trace: and when you showed up, cameron, and all of your classmates or a lot of your classmates had american flags on their vehicles, what did you think then? how did it make you feel? >> at first i was shocked. i wasn't expecting it when i pulled into the parking lot, to see a whole line and row of kids with flags on their cars just like me. but it gave me a sense of pride and happiness to show, you know, maybe there's a chance that i've got a standing behind me. >> trace: i know you are thinking about maybe joining the military after high school. i'm wondering why you stood to fight, why is it that you were adamant about keeping this flag on your truck, why is it so important to you? >> because to me this flag represents a lot of things. one being our freedom and rights in this country, two it being the people that serve for this country and lost their lives. three, that flag is something that should be able to unite people in this country and not tear people apart, not cause a big boss or fight to make somebody remove it. that's the way i've seen it ever since i was young enough to comprehend what it meant to me. >> trace: are you surprised that the school is now backing down? >> no i'm not. after it blew up on social media and everything, i got back to school and they told me that hey, we are not going to write you up for insubordination anymore and i kind of knew the reason why, when it had blown up on social media. i think they were afraid of the repercussions of it. >> trace: i'm sure they were too. you are a good man, thank you for coming on the show. we congratulate you on your victory. it was hard-fought and it's a good battle to fight. thank you for coming on. >> thank you very much. >> trace: for legal analysis, let's bring in prosecutor wintery -- wendy patrick and christina. it's kind of amazing because the school kind of goes forward and it's interesting that they said first, you will be written up for insubordination. they said some people might consider this to be offensive. the american flag. some students may consider it to be offensive and now they are saying no no, it was all just a misunderstanding. >> first off, good for cameron. we need more kids like him in this country. as a former journalist, i traveled to more than 100 countries, seven continents, i saw on imaginal poverty, people who had no human rights or freedoms that we here take for granted, people who lived in war zones and did not even know peace. and so i say all that to say that we are so unbelievably blessed to be in the united states of america, but it seems like we are taught, our kids are taught that it is somehow bad or something to be ashamed of. i don't understand why in this situation the school was focusing on the flags rather than literacy rates, it just doesn't make any sense. we need to be united under this flag, a house divided cannot stand. >> it's a great statement. as cameron pointed out, there was no law in effect, there was no school rule, this was just the school saying you know what, you might offend some students so it's better if you just take it down and if you don't -- and it's amazing to me that they would say this to a 17-year-old kid, but your thoughts on the legalities of this? >> i will tell you what, if schools don't want to be going from the classroom to the courtroom they better be looking at their policy and procedure meant -- manuals. the story makes me proud to be an american. what do we do before we say the pledge of allegiance? we basically put a hand over our heart. it doesn't start with a trigger warning. for that to have been the rationale doesn't make any good sense. it's one of those stories that, you know, you talk about what would be the most inoffensive vision you can think of and the american flag would be one of them. this school flies the american flag outside of the school, it's in every single classroom, so why can't it be proudly flown on the back of vehicles like the patriotic peers did when they rallied around this brave young man? >> and it wasn't long a note -- ago when they gathered to say i pledge of allegiance to the flag. there's a school board meeting coming up on thursday night. we are going to make sure that we've got coverage of it but you can imagine there are going to be a horde of parents at the school board meeting and they are going to be angry because we have learned that parents kind of get what they want now, especially when they are in the right. >> and that may be is the silver lining in all of this. in california when we had the primary, we sought record low voter turnout in something like this gets people to start paying attention. and so if nothing else, hopefully because of this, they will be stronger, they will be more adamant, more united and proud to be americans. >> trace: and we are not saying -- but they will be in force at the school board meeting. so the school principal tom black said this was all about safety, had nothing to do with anybody being offended, it was all about safety and the reason he said is because, you know, the truth is that, you know, you can have all of these flags and one of them might be saying the wrong thing. as well as concerns that flags are not appropriate for schools will be displayed. so what they are saying is we are going to cancel sweatshirts too because we are afraid one of them -- it's total bs excuse because they got caught. >> and ball caps and t-shirts. i was waiting for that. is not viewpoint it's visibility. these are some of the reasons that school boards everywhere are saying we are going to look at our own rules and make sure we can backup everything legally and practically. it makes you proud to be an american. those parents are likely thinking the same thing. so actually it had the opposite effect. we are all sort of rallying around this young man and saying good for you for standing on your values. >> listen, we may let you just have this baby right here on the show. we are going to bring you back night after night, the ratings will skyrocket. thank you you both. , coming out, children in england can no longer be prescribed puberty blockers for gender dysphoria because they acknowledge not knowing the long-term impacts. should the u.s. follow suit? one of america's great writers will join us on that next as well as her answer to what makes a woman. but first a live look at pennsylvania, the black cherry capital of the world, did you know that? we are coming right back. honey... honey... dayquil severe honey. powerful cold and flu symptom relief with a honey-licious taste. dayquil honey, the honey-licious, daytime, coughing, aching, stuffy head, fever, power through your day, medicine. >> trace: first up into nights real news roundup, spring break still on in florida. even after miami beach told spring breakers it was time to break up essentially. now it looks like the party has moved a bit north to fort lauderdale. uc berkeley students taking matters into their own hands, hiring private security to patrol the area around campus as crime continues to spike. the coalition of parents called safe bears reportedly raise some $40,000 for a three-week pilot program to help protect students the goal is to turn up the heat on administrators with a bunch more money. meantime england's national health service banned the use of puberty blockers for children seeking treatment for gender dysphoria citing limited research. puberty blockers suppress sex hormones and adolescence by continually stimulating the pituitary gland. with that let's bring in the author of domestic extremist which by the way is coming out this weekend in paperback. one of america's exceptional writers. it's great to have you on. the puberty blockers, we've talked about stuff like this before but i want to put this out because it's happening in england, just so we are clear on this. foxnews.com writes the following, english national health service banned the use of puberty blockers for children seeking treatment for gender dysphoria citing limited research. that's the key, is they don't know the long-term effects of this. they have no idea what they've been doing to kids and some days they are going to think what did we do. >> and some countries have figured this out. many countries in europe, western europe, they've already restricted or banned these drugs. england is sort of behind the ball on this. these are not medical treatments, these are medical experiments. >> trace: they go on with these things and is it just as whole we are so eager to make sure we don't offend and everybody can have their own truth is that we are giving kids whatever the parents and whatever they want to do, is that part of it? >> i think it's a little morn of various. i think once you get a child on these drugs which have to be taken monthly and the treatments have to happen for their life, they are kind of a permanent ward of the state and a permanent political constituency >> trace: now deer sub stock article because i found it fascinating, what is a woman really? or rather what makes one? i don't mean biologically, that science has been settled for a while. everyone knows what it takes to be female but what does it take to be feminine and his femininity required to be considered holy female? i mean you talk about the overall message here, are you saying here's the definition, are there five bullet points in there? i couldn't read it because it was behind the table. >> sorry about that, girl's gotta make a living. >> one of the reasons i wrote my book was to sort of inspire other women to embrace sort of natural inborn femininity which is sort of in short supply. people either take it too far more if a girl likes to play with boys and trucks her parents turn her into a boy. but then when denise sweeney made her snl debut a few weeks ago people were sort of freaking out. like they'd never seen a really pretty sort of mostly wholesome girl with a very curvy figure, you know, smiling and looking friendly and so that kind of reignited this conversation on twitter so that's what i was trying to address. >> trace: do you get pushback? i read the comments when i go in there and read these articles. the comments are fascinating to read about this. you get pushback, do you listen to it or do you think okay well i'm going to skip over the comments? >> i get a lot of positive comments. people seem to be really happy that i'm saying these things out loud. i mean the key thing is with femininity, it's not how big your boobs are, it's if you were born with them, yes, you are a woman. >> trace: bill bennett writes this, what's going on with america's public schools? enrollment drops and chronic absenteeism tells a dramatic tale, going on to say the proportion of students attending school that had higher extreme rates of chronic absenteeism more than doubled from 26% during the 2017/2018 school year to 66% in 21/22. the underserved schools are the biggest problem, the ones getting hit the hardest, and it's heartbreaking to see this in state after state. >> i think what covid revealed was that the teachers union and the department of education don't care about kids. they really don't. they are out for their own interests. frankly i think more people need to start waking up to what public schools are. they maybe free but you are going to pay the price for a long time. >> trace: and it's one of those things where you wonder if there were more private schools or more charter schools or more of these schools if public schools would take an even better hit. we know there's a waiting list it private schools in catholic schools where i live. >> in your total up all the money that goes into public school per child in this country, it's like $20,000 in some cities for public school. imagine parents getting that money, what they could do with it. >> trace: great to have you on as always, but comes out in paperback on april 2nd which is two weeks. >> you can preorder it now. >> trace: coming up, is your car spying on you. i mean secretly recording your driving habits and telling your insurance company? is that okay? or way out of bounds? and why? still time to weigh in. @tracegallagher, the nightcap crew is next. line, we do them this way. this way has people who start early. people who care and inspire each other to do things the way they should be done. this way uses technology (♪) and goes the extra mile (♪) to deliver your promises on-time, every time. this way is why we're the number one national ltl carrier for quality. for us, this way is the right way which is why it's the only way we go. everywhere but the seat. the seat is leather. alan, we get it. you love your bike. we do, too. that's why we're america's number-one motorcycle insurer. but do you have to wedge it into everything? what? i don't do that. this reminds me of my bike. the wolf was about the size of my new motorcycle. have you seen it, by the way? happy birthday, grandma! really? look how the brushstrokes follow the line of the gas tank. -hey! -hey! brought my plus-one. jamie? >> trace: we are back with the nightcap crew. tonight's topic, spying ride. gm, ford and other car companies are using onstar systems that reportedly sell your personal driving data to insurance companies. who can raise your rates based on your driving distance, your speed, heartbreaks, sharp accelerations, the list goes on and on. is it okay, kevin, for your car to narc you out? >> full disclosure, i have onstar. in general i'm a pretty safe driver. i don't like this idea but if it does, maybe my rates would go up eventually. >> and that's the whole thing, i'm going to leave the lawyer to get us into this with the legalities. >> i'm just so surprised that everybody on this table did not read the 1000th paragraph in the contract that we have. [ laughter ] >> but yes, we agree to it, it can happen and it's absolutely creepy. it doesn't make me feel good. >> i feel like i'm so lucky to be a nineties kid before all this stuff. know everything you do you feel like you are being watched but the silver lining in this is if it saves you money, what if you are a good driver? and because they are watching you, you can get a lower rate. [ simultaneous talking ] >> such a good driver. >> if you are a rolling rule breaker, as we say in the law, you want your car to be a safe space, not a snitch. the only driving you will be doing is driving up your insurance rates if you don't drive well if you have one of these things. that's a note to kevin as well. >> article seven paragraph six line 13 states that if your spouse is the one driving the car... [ laughter ] >> i love it. >> i hate this idea for me for obvious reasons but i love this idea as a parent for my teenage boys. i have one learning to drive right now so this would come in very handy. >> trace: you want to just survey all your teenage boys. >> yes, i do, yes, i do. >> trace: i say no because you know what's next, put the phone down or pick the phone up, eating a hamburger, thinking this, it's crazy. is it okay for your car to tattle on you? yes four%, yes instagram five%. william says if anyone should sell personalized data to my insurance company it should be me. rock, which i would've held onto my old 79 bmw, who would've known that would have meant freedom in the future. gene, who needs to know that i'm going to publix for the second time today? emanuel, we all know that we are not good drivers but they don't need to spy on us, no, they do not and yet they will. all right, great conversation, we've got everybody, thank you for watching america's late news, "fox news @ night". i'm trace gallagher in los angeles, we will see you righter back her,e tomorrow night. until, i saw how easily it picked up my hair every time i dried it! only takes a minute. look at that! the heavy duty cloths are extra thick, for amazing trap & lock. even for his hair. wow. and for dust, i love my heavy duty duster. the fluffy fibers trap dust on contact, up high and all around without having to lift a thing. i'm so hooked. you'll love swiffer. or your money back! 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