parents rights. the chino valley school district will no longer be able to tell parents if their child changes their gender identity or pronouns after a judge had a temporary restraining order blocking the policy today. that came after california attorney general rob bonta's office sued the chino school district for the notification policy and they're now celebrating the judge's decision writing that it quote upholds the state's rights of our lgbtq plus student community and protects kids by harm by immediately halting the board's forced outing policy. while this fight is far from over, today's ruling takes a significant step towards ensuring the physical, mental and emotional well-being of inclusivity. now, the chino valley unified board of education president told fox news today they're disappointed by the ruling but that this battle is just beginning. saying, in part, quote, we can prevail as long as we stand united and strong against this agenda to marginalize parents and separate us further and further from our children. politicians in sacramento are not qualified to parent our children. the policy does not stop any life style changes. it simply says the parents have a right to know what is going on at school and not be the last person informed. the chino valley school district serves 35,000 students east of la, and it was one of several california school districts trying to implement measures that inform parents if their children are transgender. the chino valley school district says this fight is far from over, and that the attorney general picked the wrong parents to fight with. trace. >> trace: and they are fighters. bill melugin, bill back to you as the news breaks. thank you. ♪ >> trace: well, the fox news at night common sense department also has some thoughts on the california judge who blocked the chino valley school district policy that requires schools to notify parents if their child changes their pronouns or gender. the judge, a democrat, says the policy doesn't have a, quote, clear purpose or reference of parental support or involvement. that's legal talk for, who needs parents. the california deputy attorney generalville knifed mom and dad even more by saying that parents are not all violent. is he indicating that most parents are violent? because common sense has yet to see a single shred of evidence anywhere that a child was harmed after informing a apparent after changing gender. then again this anti parent mindset is woven into the california fabric. station calls the chino policy forced outing. funny that's exactly what the attorney general called it. shouldn't journalist come up with their own words, the la times called it anti transgender apparently keeping secrets is pro transgender. common sense thinks it won't be long until school policies forbid teachers from sending home information about students getting bad grades or exhibiting bad behavior because, god forbid they trigger all those mostly violent parents. let's bring in sonja shaw, school board president for the chino valley unified school district and jill simonian, director of outreach for prager u kids. ladies welcome to you both. kind of a loss today, sonja, for you and your district. i'm interested because the judge literally said that the judge and the state saying parents do not know what is best for their child. what are your thoughts on the ruling today? >> yeah, my thoughts -- i have a few thoughts. the judge also said he didn't read all the documents yet he made a judgment. how embarrassing is that that this is our system. we don't even read the documents yet we make a judge on something important. but we also made a statement. they said we don't want you as the parents involved. bonta said we don't want parents involved. wake up and realize the state wants control of the children. >> trace: yeah it's interesting jill because the judge also said hey i'm not even sure why this policy came up before the court in the first place, and somebody has to say, well, because parents believe that the schools are keeping secrets from them. >> right. i particularly think personally that this judge might need to watch a few of our prager u videos about what local control means. this is nothing short of tragic to continue to push parents out of the equation in education, but on the other hand, we were talking about this earlier, sonja, this is also -- we can use this as a launching pad and a wake-up call for parents to continue to speak for truth, to continue to stand up for what's right by our children, and to continue to step up and get involved in schools like you have now as president of your school board. >> trace: yeah, i mean, listen, you can see that this has kind of elicited a reaction from parents and that might have a positive outcome in the end. i want to move on because it's almost like nikki haley was feeling, nikki haley said this at a moms for liberty town hall. watch. >> and so you look at the fact that all of a sudden there's a lack of transparency in the classroom. what bothers me right now so much is that you've got these school districts and teachers unions trying to take custody of our kids. that's not their right to do that. >> trace: i mean, she's running sonja on exactly what we're talking about tonight. >> yeah, exactly. and she said moms deal with all kinds of issues because they're concerned about all kinds of issues and i listened to her say that before. and the teachers unions are hand in hand with our department of ed and now with bonta and thurman and newsom. they're trying to take control of children pushing sexual perfect version into the classroom and are upset that local school district officials are pushing back. they're telling parents we don't want you involved, we want to teach your kids whatever we want. and, guess what? your kids are failing at reading, writing and math. sorry. >> trace: and this is a national issue. we talk about all this at the chino school district, this is a national issue, we do the stories in new jersey, new york, and all of these blue states that are pushing back and this is going to be a major parental issue in 2024 jill. >> it is. and my personal opinion is this is not a democrat versus republican issue. this is a human issue for all families, for all parents, for all children. and as parents raising our children, we want transparency in our education system, and that's something that we always advocate for at prager u kids. that's why all of our content is on online for everyone to see so that they are aware what teachers, now in oklahoma, texas and florida, can share with children in classrooms. >> trace: speaking of schools, the daily mail headline says schools across america bring back covid masks in classrooms amid rise in infections in call back to dark days of pandemic, the new call to masks are a throw back to dark days of pandemic and despite the body of evidence that masks were not only not effective at preventing the spread of virus but hampered children's learning social interactions and natural immunity to other effect. it's hard to be a school where you can't even learn. did they learn nothing from the pandemic? i've got 15 seconds for each of you. >> absolutely not. i mean, the test scores show. but here's what i say. you've got parents like me involved during that time. >> yep. >> try us. we're not going to let these guidelines and these things they're trying to push on our kids again. we will not allow that to watch that happen on our watch again. >> we're not willing to live by lies anymore, any reasonable parent is not willing to live by lies including masking children despite all evidence and data. >> trace: jill simonian, sonja shaw, thank you. >> thank you. >> trace: well there is breaking information tonight in the hunter biden case. special council david weiss says an indictment on felony gun charges will be handed down by the end of the month. the senior national correspondent kevin corke is live in dc with the breaking details on this. kevin good evening. >> reporter: evening, trace. the headlines certainly will get your attention and it's actually meant to get your attention if you listen to republicans. because that's why many of them tonight are expressing a bit of skepticism about the news that, yes, a special council, david weiss, has announced le seek a grand jury indictment against hunter biden. related to gun charges, and that's important, because there are lots of other things and lots of other directions that could go. now, those charges will reportedly be announced by the end of the month, according to a court filing, which reads in part, thus the speedy trial act requires that the government obtain the return of an indictment by a grand jury by friday september 29th, 2023, at the earliest. the government intends to seek the return of an indictment in this case before that date. and tonight, hunter biden's legal team says, yeah, we sort of expected this to happen. in fact, we expected this to happen as far back as july. which means that, yes, they will vigorously defend their chant whose phone and other communication records will, including conversations by the way with his dad, could now be subject to further scrutiny so certainly keep an eye on that. now, despite all of this trace over on capitol hill some gop lawmakers frankly don't expect much to come of this indictment. >> just going to get a slap on the wrist from the judge. we'll see where it goes. i'm not -- it's not unexpected. it's not anything to do, you know, cartwheels over. >> i've said from day one that investigating the bidens is like tracking a bleeding bear through a snow storm. there's evidence everywhere. so this is the obvious thing that a special counsel should do. >> very descriptive there by comer taking a page out of kennedy's play book. now the special counsel weiss, of course, is the very same man who orchestrated the so-called sweetheart plea deal for hunter biden which, of course, fell apart earlier this summer and that has people concerned about whether or not this will actually go anywhere trace. >> trace: kevin corke live in dc thank you >> let's bring in national security advisor kash patel. great to have you. the wall street journal says prosecutors will seek to indict hunter biden, as kevin was saying, this month. special counsel david weiss said wednesday he would seek an indictment by hunter biden by september 29th, keeping the younger biden's legal problems in the spotlight as president biden pursues his reelection campaign. i mean, this could be politically damaging. what are your thoughts on this kash? >> it could be and great to be with you trace. putting the fact that hunter biden is the target aside, let me put back on my national security prosecutor and federal public defender hat, having been on both sides of the aisle here. these indictments should already have been brought. what do i mean by that? when a plea deal falls apart, whether it's hunter biden or any other defendant in the united states of america in the federal court system, the doj's responsibility under the law is to already charge the defendant with the highest order of criminal conduct they had investigating him for. he only avoided that because of said plea deal. so this should have already been done. and the fact that you have a special counsel now for the first time announcing publicly, after he's been quiet for about four years, that he's going to seek an indictment from the grand jury in the most sensitive criminal case involving a president's son in u.s. history, to me it's telling that he's probably not going to be seeking much of anything, unfortunately. >> trace: it's interesting, i want to get your take because some believe the gun deal or the diversion agreement should stand. do you believe it might, kash? >> so here's where most people have it wrong. the judge has no say in pretrial diversion, none whatsoever. i know that from both sides of being a public defender and a prosecutor. pretrial diversion is solely within the province of the department of justice. and when we're talking about pretrial diversion involving a firearm, the doj's own regulations for the last 40 years specifically state one will not receive pretrial diversion for a gun related defense absent the permission exclusively of the attorney general of the united states. so they could, doj, go back and return to a diversionary status on the gun deal but what should happen, what would happen normally is the felony gun charge would immediately be filed against hunter biden after the plea diversion agreement imploded in court, like it did. >> trace: interesting. i want to get your take on this because sydney powell and kenneth chesbro, the judge said two of trump's 18 co-defendants will go to trial together. the judge also said this, though, kash. >> just seems a bit unrealistic to think that we can handle all 19 in 40-something days. that's my initial reaction. >> trace: can they do all 19 in one trial? >> no. it's impushability it's also constitutionally impermissible. united states supreme court case called block burger which entitles any co-defendant in a multi defendant case to seek a separate and severed trial if they're going to use statements against one another. here you have 19 co-defendants. are you going to tell me that not a single one of them is going to use statements involving other defendants and other unindicted co-conspirators to exude their innocence? it is not only impossible it's unconstitutional even if one defendant were tried it could not be done in 40 days let a low 19. >> trace: kash patel great insight. thank you sir. >> thanks so much. >> trace: a con viktsd killer still on the run a week after escaping from a pennsylvania prison, marianne rafferty is live with the ongoing manhunt and the amazing video of how he snuck out of jail in the first place, maryanne, good evening. >> reporter: good evening. you could call this a case of a cope cat really. the prison officials are saying 34 year old danelo cavalcante who escaped last thursday did so of a similar method of a prior escapee in may igor bolt klclimd between two balls next to the building. the warden said when cavalcante tried it the area was being improved in response to bolt's escape. now according to the warden the main difference between the two escapes is that the guard saw and reported bolt who was caught within five minutes but no one on duty saw cavalcante escape. >> we're over, as we develop information into this, we are certainly going to look at what the tower officers were why he didn't observe what was occurring in that yards. not sure how or where he didn't address it. >> greg: the acting warden says security measures are being addressed. another sighting of cavalcante last night within the recently expanded search area. officials believe he isn't being helped by anyone and remains within the search perimeter while he collects supplies. meanwhile area schools were closed again today in response to the search for cavalcante, who is convicted in the brutal stabbing death of his ex-girlfriend and also accused of another murder in his native brazil so trace dangerous people are worried for a ryan. >> yeah, he's a bad guy. marianne, thank you >> first up in tonight's crime crisis roundup a suspect has been arrested in the beating of a 60-year-old disabled woman the attack captured on video shows the suspect using the woman's own cane. 43 year old norton was picked up after the attack, norton has at least nine prior arrest ons his record. >> pretty shocked and obviously terrified that that would happen to someone in this area and also so close to us being a campus that i normally feel safe on. >> it just goes to show that like, we're always taught to like never walk home alone and i think that's like super important. >> trace: a university of wisconsin student is in critical condition after she was allegedly beaten and sexually assaulted sunday while walking off campus in downtown madison. police announced the arrest of a suspect in that crime today, adding that he had no previous connection with the victim. students at george washington university in the nation's capitol were told to shelter in place after a homicide suspect escaped police custody this afternoon at a nearby hospital. an area near the white house was also temporarily closed as a precaution. the suspect's still at large and described as dangerous. >> let's bring in criminal defense attorney vik bajaj to kind of go over some of this stuff. i want to put this video up again that maryanne showed us vik because it really is kind of astonishing here. you have this danelo cavalcante scaling the wall of this jail, and it's kind of amazing how he does it. he's skipped over a couple of wire fences, he's been spotted five different times, and i guess the question, vik as you watch him go up the wall is, is he that good or that lucky? what do you make of this? >> well, these attempts are not rare. successful ones are the true rarity trace. but in this case, these types of efforts are not conducted unless there's a significant amount of choreography. if you notice in the video when he's scaling the wall in that very unique manner, there's also another individual that sort of follows him into that hallway and is really the lookout. so you can kind of start to see, when you peel the layers of the onion away, there's a lot of planning and premeditation, but the real fear is, when an individual like this is on the run, having been convicted of serious murder charges in front of two young girls. you really have a suicide by cop potential issue or you have a hostage issue. because surely once being sentenced to life without parole that's not something he's looking forward to again. >> trace: no, amazing. speaking of hard wrenching video i want to point to this because this is a woman beating 3:20 in the morning in the new york subway. in fact, let's play the victim first then we'll do the new york post. here's the victim talking about the attack. >> i told the cops lock him up because he attacked me, assaulted me. and then they took him and they had him upstairs, right? i'm still downstairs, they had him locked up upstairs right and then they came back downstairs and they said, well, if they lock him up they have to lock me up, too. >> trace: the amazing thing about this after the video of the beating with the cane, vik, they let this guy go. >> well, that is amazing on a number of different levels but the real frightening thing is this is a test case, the unity of a clear storm, clear mental illness this individual once put his last known address on a criminal report on a prior arrest as a psychiatric hospital. you have a person who has multiple felony convictions, including two assaults against police officer felony cases. so you have the mental illness. you have the serious violence, and you couple that with sometimes bail-friendly policies, which allow for early release for convicted felons or even pre-trial release you really have a recipe for disaster unfortunately. >> trace: yeah, this is the last case the university of wisconsin madison student sexually assaulted beaten almost to death allegedly by 26 year old brandon thompson. he stayed at the scene, vik, because he wanted to act like a witness. these are really becoming not common, but we hear more of these types of incidents on campuses. >> that's exactly right. and the real issue with sex assaults on campus is not only is it frightening for the students but it's frightening for parents and family members and people in the general community. the problem is this district attorney's going to have a difficult proposition in front of him. this district attorney from dane county back in february authorized the early release on lower bail of a convict asked sex offender only to find out