february 6 this st. petersburg, florida. >> stick around for the end of the show show. if you have to run from this, run to the radio. >> bill: good morning, everybody. here we go. the fallout from the whistleblower story coming in quickly today. today's biggest headline putting both the president's personal attorney as well as his attorney general in the line of fire. we'll go through it one step at a time as we say good morning. it's tuesday, back together i'm bill hemmer live in new york city. >> sandra: good morning to you, bill. i'm sandra smith. since the story is moving so quickly here is what we no and are following at this hour. a subpoena has now been issued for rudy giuliani. house democrats giving the president's personal attorney until october 15th to turn over documents related to his dealings with ukraine. next the justice department confirming that attorney general bill barr asked president trump to reach out to

foreign countries for information on the origins of the mueller probe. >> bill: also the senate majority leader mitch mcconnell said the senate would have to take up impeachment if the vote in the house happens. and then turned to the senate by way of the constitutional rules. here is how it played out in prime time from last night. have a look. >> why do you think they are silencing me? because i showed up with an affidavit yesterday and an accuser willing to stand up and point the finger at joe biden and say you are a crook. >> president trump shouldn't be getting impeached. he should be celebrated for draining the swamp. >> he should be concerned. he has to confront the realities of this most latest conduct. >> if it was a fraud on the american people. now we have a pattern and a practice of intelligence officers, people assigned to intelligence agencies, leaking conversations of the president of the united states with heads

of state. you know what that puts that? the entire constitutional framework at risk, shame on them. >> some things are so important and fundamental that frankly i think we have to push forward with this impeachment process regardless of the political consequences. >> sandra: and if that's not enough news for you, a new picture now surfacing showing joe biden, his son and a key ukrainian gas executive posing together on a golf course in 2014. >> bill: team fox coverage now. kristen fisher has more on the biden angle. sol wisenberg has legal analysis where we think we are at the moment. here is catherine herridge leading the coverage today. >> good morning. in response to questions about how the whistleblower filed the original complaint the intelligence community watchdog released this statement. the whistleblower claimed to have firsthand knowledge of misconduct conflicting with documents sent to conduct and the nation's top intelligence

officials that the allegations were based on second hand accounts. the whistleblower had an urgent concern form in august 2019 and used by the icig since may 24th, 2018. the whistleblower stated on the form he or she possessed both firsthand and other information. house republicans asked the intelligence community wash dog to preserve records documenting the process and requesting them before michael atkinson appears before the house intelligence committee friday in a non-public testimony. >> come thursday if he doesn't provide the actual evidence all the communications we'll see him on friday and interview him on this. as we said we think this is very suspicious between the changing of the guidelines and the leaks. that there is some criminality involved in this. >> two senate republican committee chairmen are seeking

additional information from the attorney general william barr about reported contacts between democrats and ukrainians related to the 2016 election. this letter reads in part the justice department has yet to inform congress and the public whether it has begun an investigation into links and coordination between the ukrainian government and individuals associated with the campaign of hillary clinton or the democratic national committee. they cite a 2017 media investigation and 2018 deposition from nelly ohr who worked for fusion gps. ohr matters. she testified that fusion received at least one related tip from a ukrainian source. >> bill: we get to a flow chart or touch screen. whatever you need. thank you, katherine. >> sandra: joe biden insisting he never discussed his son's foreign business dealings with him directly. a new photo of the two golfing

with a ukrainian gas company executive in 2014 is casting doubt on that claim. kristen fisher has more on that. >> good morning, sandra. this is a photo that was obtained by tucker carlson tonight allegedly showing former vice president joe biden and son hunter golfing or at least on a golf course with devin archer who served on the board of that ukrainian natural gas company burisma holdings with hunts. biden's son was hired by the company in july 2014 while his father was vice president. at the time the obama white house said there was no conflict because the younger biden was a private citizen and so far there has been no evidence of wrongdoing by either biden. earlier this month the former vp said he never discussed his son's foreign business dealings with him. listen. >> i've never spoken to my son about his overseas business dealings. here is what i know. i know trump deserves to be investigated.

he is violating every basic norm of a president. you should be asking him the questions why is he on the phone with a foreign leader trying to intimidate a foreign leader? >> but the photograph will likely only fuel the president and his allies who are calling and have been calling for quite some time for an investigation into the biden family's ties to ukraine. the issue is now at the center of the democrats' impeachment effort after a whistleblower blew the lid on president trump's call with the president of ukraine and asked him to investigate the potential 2020 opponent. fox news reached out to the biden campaign to get a response about this new photograph. so far the only thing they told us coming from a spokesperson from the campaign, this person said no comment, sandra. >> sandra: a lot changing on this this morning. >> sol wisenberg now former deputy independent counsel and fox news contributor. welcome back. i want to get through four

things. where do you think we are now in trying to understand the story? >> well, to me the big part of the story is i see this as an effort from the beginning really to shut down john durham's investigation of how the intelligence agencies were used against candidate trump in the 2016 election. >> bill: why do you believe that? >> i can't prove it. there has been a concerted effort to go against barr particularly since he said he thought it was a big deal. remember his comment. it's a big deal when the party in power uses intelligence agencies to spy on the candidate of the opposing party. he has an impeccable prosecutor he hired who is respected by both sides of the aisle to investigate this and i think they are scared to death, certain segments of the intelligence community and democratic party about what he is going to find.

it doesn't mean that president trump's phone call wasn't foolish but i think this is what it's all about and they were waiting for an opportunity to pounce. >> bill: durham is the prosecutor operating on his own authority. you don't have the ability to go in and shut down a prosecutor that way. >> well, they're not going -- they don't have the authority. he works for bill barr. but they can try to smear him and they smear him by smearing barr. >> bill: you were making the case they're trying to shut it down. lindsey graham agrees with you with hannity last night he told sean this. >> this "new york times" article about barr talking to australia is the beginning of an effort to silence -- it's the beginning of an effort to shut down barr's investigation to find out how this whole thing started. >> bill: that's what you just said, okay? shutting it down and smearing john durham the prosecutor are two very different things would

you agree. >> they're technically different but if you can dirty up barr and indirectly the investigation and durham through that you kill it's effectiveness. people will say that's just bill barr. that's bill barr doing something he shouldn't be doing. he set this up exactly the way you should set it up. putting a guy like durham in charge of it. all bill barr did was go to some foreign law enforcement officials and said durham, this is my man, can you help him? we would like your help. that's totally appropriate for the top law enforcement official in this country to do. >> bill: one of the main stories breaking late yesterday afternoon was the president suggesting to the a.g. and the a.g. saying give me an introduction to some of these world leaders so i can further my probe. from the white house lawn on may 24th here is the president. >> president trump: the attorney general is one of the most respected people in this country.

what i've done is declassified everything. he can look. and i hope he looks at the u.k. and he hope he looks at australia and i hope he looks at ukraine. i hope he looks at everything because there was a hoax perpetrated on our country. >> bill: the suggestion is that this is wrong or amiss somehow. do you see anything wrong in what you just heard in that sound bite? >> not only do i not see anything wrong but the fact that he said it back in may shows that it was not -- he has been very up front about what he wants barr to do. he misspoke. he didn't declassify all that stuff. he gave bar the authority to declassify if necessary. don't you think that's something that should be investigated when the incumbent political party opens a counter intelligence investigation on the candidate of the opposing party? i think that's a very big step. you don't take a step like that

unless you've really got good evidence. i have no problem. >> bill: did you see the "wall street journal" yesterday? the op-ed. john durham's ukrainian leads, what the prosecutors found may be quite different what the democrats are looking for. he implies ukraine might be in the middle of this matter more than democrats suggested. >> i have no idea whether that's accurate or not. i just know the idea that you wouldn't want to investigate that is appalling to me. investigate the whole intelligence effort against trump and let the chips fall where they may. like the democrats will let the chips fall where they may in this investigation of the phone call and circumstances surrounding the phone call of the president. >> bill: come on back soon. sol wisenberg. we'll see where we go together. coming up today newt gingrich live in 20 minutes. next hour the headliner is sarah sanders former white house press secretary. a lot of questions will come up yet again and we'll work

through them. >> sandra: did we mention there is a lot to keep track of this morning? stay with us. meanwhile some other news that we're following for you today. dramatic video of a bridge collapse, rubble raining down on water trapping people in boats. the latest on a desperate rescue effort. >> bill: american charged for spying for china and how the feds say he collected information to deliver beijing over the force of three years. >> sandra: bill maher calling out political correctness why he says it's worse than ever. howie kurtz will take that up coming up. that's where i feel n. having an annuity tells me my retirement is protected. learn more at retire your risk dot org.

>> sandra: a desperate search underway for people who may be trapped in taiwan after a towering arch bridge collapsed sending a burning tanker truck to boats below after a tie phone swept across the island. people scrambling to free the

boats and military divers searched for those trapped. at least 10 people were killed. >> they say senate impeachment rules are very clear. the senate would have to take up an impeachment resolution if it came over from the house. >> bill: senate majority leader mitch mcconnell where 2/3 of the republican chamber would be required to remove the president from office if it were to come to that. guy benson political editor, fox news contributor. good morning. your reaction first of all to what mitch mcconnell said there. >> not remotely surprised because those are the rules. if the house decides the president has committed impeachable offenses, that is solely the province of the house, they can define that term however they see fit. if they move forward and they impeach the president and it goes to the senate for a trial and mcconnell simply saying yes, i can read the rules in black and white we'll take it up and conduct the trial.

>> bill: i thought this comment was more relevant. he said how long you're on it is a whole different matter. but i would have no choice but to take it up based on the senate rule. how long you're on it is a different matter. that could be an hour, that could be a month. >> exactly. so i think based on the evidence that we have right now, mcconnell and many republicans and i suspect a few democrats think it's pretty thin for impeachment. they might not have to do an extensive trial to decide we aren't going to get to 67 votes to oust the president from office. it would be inappropriate. we won't remove him from office. i also think what's interesting, bill, in the calculation that the democrats have to make in the house of representatives is the nancy pelosi decision probably. if they are going to move forward with this process, how quickly will they do it? some democrats and reported out who say let's strike while the iron is hot. the media frenzy is white hot

at the moment. let's do this now. others are saying no, no, no, let's build a slow case over time with lots of hearings. i think if they ram it through with electoral thoughts in mind trying to get this over with before 2020 it will make it easier for mcconnell and the republicans to say this is all political. it was rushed. we'll do a quick and speedy job with the trial. not guilty, done. next. >> bill: on that point there, 21 years ago we can well remember how long the house deliberated this but you can barely remember how long it was alive, if at all, on the senate side. it pretty much went to the senate side and was kicked to the curb and it was over. now, this week i want to share with viewers what will happen beginning tomorrow. the calendar on the screen. the former ambassador for ukraine testifies behind closed doors, ambassador kurt volcker and on friday to inspector

general michael atkinson. that's what we can forecast coming up this week and there will be leaks. "wall street journal." the speaker sets a terrible precedent. can you explain why nancy pelosi would not put it for a vote before the full house? she doesn't have to yet. she can wait until it comes out of committee. but if you really want to get a measure of where your caucus is, show your cards. will it happen? >> and if you want to have the power to really kick off a full blown official impeachment inquiry, she should hold a vote in the floor of the house to let every member get on the record saying yes or no. we're moving or we're not. we know she has the numbers. this is not a whip count issue. i think they are well over 220 but there are a number of

democrats who aren't on board who are from trump-backed districts who are trying to keep their powder dry, duck away from the cameras and move on. i still think she is trying to give them as much cover as possible. they don't want to ignore their base or inflame trump voters in their districts and very significant level of politics. i'm concerned by the substance of what the president said on the ukraine call. i think the australia story is a nothing burger. if she has courage, making the statements in front of the flags and cameras, it looks and sounds serious but it is not triggering officially this probe which requires this vote that she has calculated at this point not to take. >> bill: wait for two weeks and see what happens then. bernie sanders said if it is not trump we'll beat mike pence. guy benson in atlanta today.

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>> bill: we're now learning the u.s. and north korea will resume working talks on denuclearization. the state department confirming that meetings could take place within the week. the two countries at a stalemate ever since talks broke down several months ago. after that meeting at the dmz on the first of july. >> sandra: meanwhile national day celebrations in china as the country celebrates 70 years of communist rule but in hong kong there is more violence and one protestor shot in the chest during a clash with police. it is believed to be the first time police have opened fire on

protestors since the unrest began back in june. meanwhile in california federal prosecutors charging a chinese american man with spying on behalf of the chinese government. claudia is outside the courthouse in san francisco. >> good morning, sandra. this arrest sheds light on the elaborate tactics china uses to gather intelligence, including recruiting u.s. citizens to act as couriers. the department of justice says this man is 56-year-old edward pong, a citizen who works as a bay area tour guide and spy for china. federal authorities say he delivered highly classified material by carrying out dead drops like this one caught on hidden camera. here is how it worked. pong would rent a hotel room, tape an envelope containing up to $20,000 inside a drawer and leave. when he returned a few hours later the cash was gone and in its place would be a small digital file filled with

classified national security information. pong would fly to china and personally deliver the file to his handlers in beijing. he did this six times between 2015 and 2018. what pong didn't know was that the person who took the cash and left the files was a double agent and the information on the files had been carefully curated by the f.b.i. federal prosecutors say rooting out operatives in the u.s. who work on behalf of china is their top counter intelligence priority. >> provide a rare glimpse into the efforts of the prc to obtain classified national security information of the united states. >> pong faces up to 10 years in prison if convicted. he has a detention at the federal courthouse in san francisco tomorrow morning. >> sandra: thank you. >> bill: back to our top story of the day an old photo of joe and hunter biden showing the two about five years ago with a

ukrainian gas executive playing golf. newt gingrich is calling the impeachment plan a -- >> sandra: talk about a wild ride. have you seen this video? an airline beverage cart spinning out of control and nearly hitting an airplane. how crews managed to get a handle on that next.

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>> how many times have you ever spoken to your son about his overseas business dealings? >> i've never spoken to my son about his overseas business dealings. here is what i know. i know trump deserves to be investigated. he is violating every basic norm of a president. you should be asking him the question why is he on the phone with a foreign leader trying to intimidate a foreign leader if that's what happened. that appears what happened. you should be looking at trump. >> sandra: let's bring in newt gingrich former house speaker who has a documentary special airing about the 25th anniversary of the contract with america. mr. speaker, good morning to you and thank you for joining us here in "america's newsroom." that was september 21st at our own peter doocy for fox news posed that question to joe biden. then this picture surfaces. can anything be made of that?

>> look, first of all, i just say to anybody who is watching the show today, i have two daughters are a now grown. if one of them had a $600,000 a year job, don't you think i would probably would know a little about it? i'd say boy, good job. you are doing really well. remember, this is only one of his jobs. hunter was out there pulling in the money. furthermore "the new york times" had written a story about it in i think december of 2015. not that his dad necessarily read every "new york times" story but it is about both hunter and joe biden. so at some point you have to say is it plausible that they went out to golf, got in 18 holes with a guy who was one of the partners in the gas company, and never occurred to biden that there might be a business relationship? the problem with biden is he says stuff that has no meaning

but then he forgets he said it anyway so it's very hard to hold him accountable for anything. but i think to suggest that he didn't know his son was making $600,000 a year out of a ukrainian company, that's a pretty long stretch. >> sandra: as we all heard in that interview he said he had never spoken with his son about his overseas business dealings. hunter biden himself told "the new york times" he did speak with his father in his words just once about his work with ukraine. we'll see how that story unfolds. new reports that secretary of state mike pompeo was on that phone call in question between the president of the united states and the president of ukraine. the "wall street journal" was first to report it. others have followed. we haven't heard directly from mike pompeo or the state department confirming that. if that was the case, how does it change things?

>> in the fantasy land of the pelosi plotters it probably means something big. if the secretary of state seems to be participating in a phone call with a foreign president, it strikes me as normal. pompeo graduated first in his class at harvard in law school. a first rate lawyer and i suspect had secretary pompeo heard something he thought was inappropriate in that conversation he would have turned to the president and said so. it wouldn't surprise me -- i have no knowledge of it -- but it wouldn't surprise me to have the secretary of state listening in on a conversation with a ukrainian president. that's part of why he is secretary of state. my question will be what is the big deal? where is the beef? >> sandra: got it. that's another story we're watching this morning. we're trying to take our viewers through all this this morning, mr. speaker, there is so much to keep track of.

meanwhile the impeachment push continues on capitol hill. you write about that in your piece titled don't call it impeachment, call it a witch hunt. you write, this is a legislative -- it is an effort to destroy the president chosen by the american people. this is a project they have been involved in since election night 2016. in that piece you talk about the importance of words and the context they create. you urge everybody not to use the word impeachment in the current political process. you offer a unique perspective on that because you were at the center of the clinton impeachment proceedings. >> look, when we followed after we got a special counsel report from ken starr which said that bill clinton was guilty on at least six counts. starr used the word guilty. opposite of the mueller indicate which never used the word guilty. he said he was guilty of

committing felonies. at that point we thought we had to move forward and laid out a very careful process. henry hyde as chairman of the judiciary followed the rules, involved the democrats. when we actually voted for impeachment, 37 democrats voted -- for the process, 37 democrats voted to initiate the process of impeachment because they had convinced there was a serious problem and that the starr report represented some pretty serious charges including essentially sexually pressuring an employee. something which became a big deal last year but at the time liberals were shrugging it off. so i look at what pelosi is doing. remember, pelosi announces and you have to understand aoc is now the spiritual speaker of the house. nancy pelosi is the symbolic speaker of the house. and as kevin mccarthy said recently you can tell what nancy will do in the morning by what aoc tweets the night

before. so pelosi rushes out knowing better. i know her well enough she knows better. she rushes out and announces we're moving forward on impeachment. they haven't yet met with the whistleblower or received the transcript of the phone call. nothing had changed except the sheer pressure of her left. and she couldn't get away from it. so she announces a purely political process. i think appropriately started by their chairman adam schiff who gets up and opens a hearing by putting two paragraphs in trump's mouth that trump never said that schiff himself admits he wrote and is a total lie. and that sort of captures this whole process. that's where we are now. it is not an impeachment. >> sandra: we'll see if she takes it up for a vote. six house republicans from texas announce they won't run for reelection.

are you calling it as the exodus about these retirements. >> no. i was just down in houston and dallas. virtually every one of these is a retirement in a republican seat. we will almost certainly win every one of them. we'll also pick back up two or three of the seats in texas that we lost in 2018. i don't have any wore ears at all. we're getting a new generation of eager, aggressive young people who want to come and make a difference in washington >> sandra: we have to leave it there. appreciate your time this morning. >> bill: thank you. >> bill: there is new reaction from the department of homeland security to a chicago police department internal memo. that memo obtained by fox news instructs officers not to help with immigration arrests. matt finn on that story in chicago. what's up, matt? >> the department of homeland security is telling fox news it is very concerned about the city's new policy prohibiting police officers from immediately assisting the department of homeland security. that internal police department memo obtained by fox news

reveals that police officers in chicago can no longer immediately assist dhs and cannot help with immigration arrests. police sources and the department of homeland security tell fox news they feel that not having each other's backs puts local officers and dhs agents in dangerous situations and sends the message that chicago police won't pursue wanted illegal criminals. in a statement dhs tells fox news the department of homeland security is deeply concerned with the dangerous anti-law enforcement direction given by the leadership of the chicago police department. the men and women of ice put their lives on the line every day. for example, on september 23 ice in chicago arrested a twice deported 61-year-old mexican national convicted of aggravated sexual abuse. the chicago police department says officers will aid a dhs agent in danger but not assist in immigration arrests. chicago's ice director cook county illinois ignored more

than 1100 detainment requests to hold on to wanted criminals. >> it only takes one public threat released to the community instead of to ice to change the course of your life. >> chicago mayor lori lightfoot says ice is xenophobic. she is making a distinction between federal ice agents and chicago police. >> they won't cooperate on immigration raids. that's the reality. we know we've hurt them and hurt their ability to do their job in the city. so be it, that's the point. >> chicago is within its constitutional rights not to assist federal agents, bill. >> bill: we'll follow it. matt finn in chicago and see where it goes. >> sandra: the story you've been waiting for. an out of control beverage cart going for a spin at chicago's o'hare airport. take a look at this. the cart going in circles nearly hitting the nose of a parked airplane.

gets close. a fast thinking grounds worker is able to maneuver another piece of heavy equipment with wheels to stop the cart. >> wait for it. bam. >> sandra: oh my gosh. >> here it goes. >> bill: that's how you do it. they were inside the terminal watching that. >> sandra: it was unbelievable. reports say the cart's accelerator got stuck after a case of bottled water hit it. i'm shocked watching that video how close the workers are standing not knowing what is happening. >> sandra: saved by the bell there. >> bill: i've watched it a couple times already. everything is cool. it's okay to laugh. it was funny. >> sandra: hope it doesn't

happen again. never know what's going to happen in chicago. >> bill: from l.a. facing a major homeless crisis. officials are seeking emergency order to deal with it head on. will it work? the money man charles payne has a closer look at that. >> sandra: plus our next guest asking whether the real reason behind the impeachment move is simply a power grab from the american people. howie kurtz is here to explain that. >> president trump: so adam schiff made up a phony call and he read it to congress and the people of the united states. it is a disgrace. this whole thing is a disgrace. look, this isn't my first rodeo...

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that shifts power from the voters? explain. >> whether or not you think impeachment is warranted very few voices with asking if it's a smart strategy for the democrats. it sucks the oxygen away from the 2020 kands and blocks out the party's agenda and ends up with the president being acquitted in a republican senate. david brooks and others are raising an elitism argument. leaving the decision to whether he continues in office up to millions of americans, house democrats want to hand this decision to 100 mostly millionaire senators. that's the gist of it. >> bill: you wrote your piece saying it was ironic, your words, if the democrats round up forfeiting their chance to

get rid of the president the correct way. >> it would give a mandate to any democratic nominee able to beat donald trump if that happened. also, this sort of plays to the president's strength of reality tv warfare where he is tweeting about civil war and questioning whether adam schiff should be arrested for treason. donald trump is very good at this and it takes it away from the issues. the left is saying what does this have to do with the issues i care about, education, healthcare, taxes if they're arguing about ukraine. not that they aren't serious allegation. it's a risky strategy. >> 20 republicans senators would need to convert and buy your argument to go forward with it. >> hard to imagine that. >> bill: you watch culture. bill maher gave an interview. the perils of political correctness. my father and mother told me about civil rights. i knew what the right thing was. the difference is that liberals protect people and pc people

protect feelings. they don't do anything. care to opine on that? >> well, bill maher is fascinating. a very liberal isn't afraid to take on the left. he has gone after never trump republicans at msnbc accusing them of hypocrisy. he is stung. one of his quotes to the times was, i was woke before some of these people were born. he sees them as kind of they posture these twitter mobs that we've all seen them in action and a lot of people lose jobs or get suspended or whatever. he has seen them go after people and says they don't care about social justice. maher says they want scalps. he says pc is out of control. it is a hate-filled place and twitter mobs have a lot of power and often they claim victims. >> bill: whether it's bill maher or others i find a pushback in american culture on this and you can see it

shifting over the past month. i don't know if you agree or not. maher's quote is we live in an age people want to cancel other people and disappear them instead of listening to someone who holds another point of view. >> i wish there were more pushback. i see too many employers caving when somebody brings up these offensive tweets that somebody posted when they were 16 and in high school as in the case of a des moines registered reporter who was fired for offensive tweets after he exposed someone else with tweets as a teenager. it is out of control and madness and has to stop. >> bill: i get the sense it's shifting. keep an eye on that. we will together. nice to see you. howie kurtz in washington >> sandra: the ncaa planning its next move after california gives the green light for college athletes to make lucrative endorsement deals. more on the fallout from that next.

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>> sandra: new reaction pouring in after california's governor signed a bill to law letting college athletes make money on endorsement deals. >> this changes from where kids play to how long they stay. the law allows college athletes to hire agents to seek sponsors. trading cards or video games. selling their name and image to the highest bidder. universities won't cut checks

or share the money. it gives colleges time to hammer out an alternative which they've failed to do. >> the gig is up. $14 plus billion goes to the colleges and billion plus revenue to the ncaa itself. >> if you have companies using your likeness or universities selling your jerseys and things like that, to some extent i do believe that you should be compensated for that. >> if women as college students at the peak of their athletic prowess could market themselves it could be a game changer for women's athletics. >> other states promise the same so they don't lose top recruits. coaches fear a decline in their revenue will hurt other sports as they underwrite the stars, not university budgets. >> it's a pandora's box now open that the ncaa will have to react to. >> when it comes to paying

players as employees you have to ask yourself what happens if they get fired and if you wanted the fire them? do we want to start firing student athletes, we'll cut your pay? how does relative pay work? >> the pac-12 isn't happy. ncaa isn't happy. states are forcing their hand. it will go to court. in the end you can't put the genie back in the bottle. we don't know where this ends. >> sandra: i know someone who has strong thoughts on that. >> bill: you walked on and won a scholarship at lsu on your own. my ambition as a teenager was to find a golden ticket to a college and i fought like hell to try to get a scholarship and i failed. i always felt the golden ticket for any young man or woman was to have the right to attend a major university in america and do it with a full ride. i felt that was always the payment that was enough and

sufficient. i also assumed that lebron james went to sacramento to sign that bill into law. that never happened. the governor went on lebron james's hbo show i believe in l.a. in order to sign it. something is not right about this. i don't know where it goes. i believe as a young man and woman you strive to get entrance into a major school and that is your golden ticket. >> sandra: it could change a lot of that. >> bill: back to the top story. sarah sanders up in a moment. a new picture casting doubt on joe biden's claims that he never discussed his son's business dealings with him. this picture may say something else. come on back at the top of the hour. ...tossed in a spicy rub... ...and drizzled with sweet amber honey. more shrimp more ways. endless shrimp's just fifteen ninety nine. hurry in. >> vo: my car is more than four wheels.y? it's my after-work decompression zone.

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>> sandra: brand-new reaction pouring in as impeachment frenzy sweeps washington senate republicans bracing for the possibility of a trial as house democrats make it very clear they will be moving forward with all of it. welcome to a brand-new hour of "america's newsroom." it is tuesday morning and i'm sandra smith. >> bill: i'm bill hemmer. good morning. mitch mcconnell conceding it could happen saying the senate would have no choice if the house approves it they would take it up on the senate side. how long that would last is something we can debate. >> sandra: meanwhile democrats setting their sights on the president's personal attorney rudy giuliani and secretary of state mike pompeo. newt gingrich joined us earlier slamming the house investigation.

>> in the fantasy land of the pelosi plotters it probably means something big. in the real world if the secretary of state happens to be participating in a phone call with a foreign president, that strikes me as pretty normal. i suspect had secretary pompeo heard something he thought was inappropriate in that conversation he would have turned to the president and said so. >> bill: mike emanuel leads our coverage on the hill this hour where there is a little bit of action. good morning. let's start there. >> house democrats subpoenaeded rudy giuliani. he wrote i have received a subpoena signed only by democrat chairs who have pre-judged this case. it raises significant issues concerning legitimacy and attorney/client and other privileges. it will be given appropriate consideration. the house intelligence democrat fired back at giuliani. >> we'll have to pursue

different remedies potentially including contempt as well as other potential avenues but i have to say that rudy giuliani when he talks about attorney/client privilege doesn't mind breaking attorney/client privilege whenever he talks about his conversation with the president especially about ukraine. >> president trump would like to know the whistleblower's identity. democrats say it's deeply disturbing and using language about spies and treason and what we used to do in the old days troubling. >> i have to believe that -- and i do believe that the united states congress, the leaders of the united states congress, will do everything that is necessary to support and protect the whistleblower. >> meanwhile if house democrats impeach president trump majority leader mitch mcconnell says he cannot ignore it. >> the senate impeachment rules

are very clear. the senate would have to take up an impeachment resolution if it came over from the house. >> that is many steps from now and could take a variety of approaches. for example, perhaps a motion to dismiss requiring a simple majority vote or referring it to a committee. >> sandra: let's bring in our a-team. david asman, steven hayes and robert torricelli. former new jersey senator. >> bill: straight out of spain. >> sandra: great to have you back. i'll start with you first. where do things go? where do we stand on this tuesday? >> i want to quote a wise man who is close to all of us who said 21 years ago if this president is impeached, no

president ever again will be secure in their administration. you know who that was? robert torricelli sitting right here at the table. >> bill: this is mike pompeo traveling in italy today. there were some questions thrown his way. for the moment he is not answering them. we just want to let viewers know what is happening. if he does take questions. i'm trying to listen in my ear piece if there is audio coming in. it doesn't appear to be the case. >> he is in the in-- what republicans are saying today. i think democrats had a good point including you, senator 21 years ago saying you should not rush to impeachment. i think nancy pelosi was pushing as long as she could. she found this sort of middle ground of not having an official vote on impeachment but allowing for the discussions if you will by the six committees to continue. the problem with that for

republicans is they can't subpoena anybody. remember both with the clinton impeachment after the vote and with the attempt to impeach richard nixon, the other party, the minority party had subpoena power. they don't right now. it is a smart move i think from a partisan point of view by pelosi not to have an official vote. it doesn't give republicans subpoena power to get into the democrat stuff. >> i think republicans are making process arguments piling them up on democrats. the bigger problem for republicans i think politically is that this seems to be hitting. the american people seem to be getting it. you hear from push cans in washington not a big deal. you have a few republicans spoken out and criticized the president for the phone call and the rough transcript we saw. in the country you are seeing republicans start to move in several early polls on what they think about impeachment. if that continues, that will

obviously be problematic for the president and republicans. >> bill: on friday i said ask me where we are on saturday and then on monday and here we are on tuesday. you see it changes. things move and impressions move, too. i want to go back to what mitch mcconnell said yesterday on cnbc and we played a little bit. i think the second half of his answer is the most telling as we reflect on 21 years ago. go back to this. >> if a senate rule related to impeachment that would take 67 votes to change. i would have no choice but to take it up. how long you are on it is a whole different matter but i would have no choice but to take it up. based on a senate rule on impeachment. >> bill: that's the key line. how long you're on it. in 1998 they're on it for about a quick hot second. >> how long you're on it. i hope no one raises the issue changing the senate rules of 2/3. >> bill: who is suggesting that?

>> he is saying what would take to change senate rules. they're established on impeachment and should stay that way. mitch is right. how the senate proceeds is clear. less clear is the house. and my hope is here in this rush to partisan corners someone starts thinking about the institutions. the democrats can proceed without a house vote on impeachment which would give the republicans the right to subpoena and ask questions but they shouldn't. we should go back what has been done in the past. there should be a formal vote to proceed giving both parties established -- >> bill: how long you're on it. i interpret that how long are you on the process of the trial. that is dictated by the constitution. >> the leadership has that authority to go forward. >> bill: it could be an hour or it could be a month. that's the point on that. >> when we handled this before in spite of the fact that the vote was quite partisan in the end on the impeachment of bill

clinton the parties came together in a very solemn gathering, understood their responsibilities, the uniqueness of the moment and generally did work together. i know it didn't look that way because of the final vote. >> i have a different recollection. >> in that chamber trent lott and tom daschle brought us together in the old senate chamber. with no one else present, no staff and no press and said we have an unbelievable responsibility here to protect the institution, the country, and the constitution if we're going to do this right. and despite all the elbow pushing out in public, in private people were very protective of the institution. >> the big difference, of course, is bill clinton wasn't running for reelection at the time. this president is and that changes everything politically, don't it? >> the fact we're in the electoral process changes a lot. many people will say there is an answer. if you think there is an offense the answer is called an election. that's one. second, with all deference to

my friends in the democratic house leadership, they are getting out ahead of the facts. there is a lot we know and it is very troubling. no one has yet heard from the whistleblower, rudy giuliani has yet to testify himself. we have this review of a transcript. but there are many facts still out there for people to be taking their positions. carving them in stone and how they are going to vote. >> sandra: do you believe the nancy pelosi moved too quickly then? >> i believe they moved too quickly and i believe she should go to the house and still should get authority from the house to proceed. >> sandra: there is a newly unearthed photo that has surfaced, tucker carlson tonight was able to obtain this for you. we have it for you now of former vice president joe biden and his son hunter on a golf course with an executive from that ukrainian natural gas company. we saw joe biden on september 21 say he has never discussed

his business dealings overseas with his son. his son told "the new york times" that at least on one occasion, just once he did discuss with his father. now we have that picture, how does that change thing? >> in the photo devin archer joint the board on the far left. >> the claim from vice president biden that he hadn't spoken about this with his son was highly implausible when he made it. of course he spoke to his son about it. the whole point of the country putting hunter on the board is access. it's ugly and it shouldn't happen that way but in all likelihood it explains why he was involved in the with the company in the first place given his lack of experience and explains i think the vice president has more explaining to do on why exactly he made that quote. >> from the "washington post". not a pro-trump publication from july they have a piece in which they say biden offered u.s. aid to ukraine to increase

gas production which could benefit the ukrainian energy industry. of course, burisma, the company on which hunter biden sat as a board member, was the biggest gas company in ukraine. therefore, what the vice president was lobbying to do was essentially to give money to his son's company. you don't do that with u.s. taxpayer funds. >> let's digress into politics. mutual destruction as the company is focused on the impact of the last 48 hours on donald trump, there has been very little attention what's the impact of joe biden? it is hard to imagine a democratic primary electorate witnessing this spectacle of the $50,000 a month to hunter biden. the contradictory information whether there was consultation with the father. the rather unseemly view of

this. that the democratic primary electorate will decide this is our guy. what was already accelerating here was let's turn the page and move on and get somebody new. biden was in a steady decline in the polls and this will accelerate it. if warren was a likely nominee a week ago the odds are more by the time. >> bill: were you a biden supporter? >> i'm a joe biden friend. would i have voted for him in the primaries? probably not. >> bill: china is the next chapter in the story after ukraine. based on what we're hearing china could possibly involve a lot more money with his son. >> yeah. this is a painful thing for anyone who served in the senate. i like joe and i think he is a fine man and served his country am i canably. but some of this is

inexplicable. i'm sure he -- nobody is paid $50,000 a month with no background and you don't discuss it. >> bill: at what point does he answer the question or do you wait until the next debate in october? >> all attention now is on donald trump, the beginnings of impeachment. it will slow down as the evidence catches up with the conclusion. not the way to run a government but that's about to happen. then the light is going to turn and the light is going to turn during this debate on is this who should be the nominee of the democratic party? do we want to spend the next year discussing hunter biden and his consulting contract or do we want to talk about national security, the debt, healthcare policy, education policy. and the democrat primary electorate will say this is not the conversation we want. >> bill: sound bite 5 from limbaugh on trump not taking the trap. take the point here.

>> they thought trump would protect the presidency. they thought trump would be thinking of future presidents and that he would not give away that transcript. he would not reveal for the other branches. he wouldn't give the legislative branch any of what he was doing. he would protect his executive branch power. they thought he would close it down, not reveal it. they thought when that happened he would make himself look guilty. >> i think this was a big gamble by the trump administration. they said to republicans in effect we'll put this out. we want you to defend it. i think it's hard to defend the phone call and the transcript. you've seen a lot of republicans defending it anyway. >> the president said i have the public on my side as far as the media is concerned. the public does not support the mainstream media's attacks on me as they used to because they've seen so many of those

attacks shooting with blanks and turning up empty when it came to substance. i think the president feels pretty comfortable going against the establishment like he has never gone against it before. >> bill: david, thank you, steve, nice to see you again. >> sandra: first time here we appreciate it. >> bill: we mentioned be controversy and business dealings in ukraine for the bidens. >> joe biden's 49-year-old son hunter is no stranger to the spotlight. he has spoken out before about his personal struggles with loss, grief and drug addiction. when his father's 2020 presidential campaign in high gear some critics are focusing on his business background. he had served on the board of amtrak and founding member of a law firm. critics are focused on hunter's decision to join the board of burisma, the ukraine natural gas company in 2014 while his

dad was also serving as vice president. south carolina senator lindsey graham has said he would like to know if the position ever led to a conflict of interest. >> there is a conflict if in fact your son is on a board of a company being investigated. i think that's something that somebody should look at here. >> reporters have also asked about the potential conflict of interest before including when biden was still in office back in 2014. >> mr. biden and other members of the biden family are private citizens and where they work is not an endorsement by the administration or by the vice president or president but i would refer you to the vice president's office. >> we asked a friend of the family if he understood why some people would see the burisma job as a red flag. >> i'm the first one to say i don't think hunter if his last name were smith would be on this board mainly because of

the biden connection. the character that he has become in terms of growing up as his father's hand. >> hunter biden no longer serves on burisma's board. we reached out to the biden campaign to see if hunter is going to address his experience there. we haven't heard back. >> sandra: the out of control homeless crisis is california. l.a. officials have had enough and are now calling on the governor to act. why they want him to declare a state of emergency. >> bill: 2020 dems making billion when it comes to new proposals they're bringing up on the trail. what's causing the shift to bigger and bolder plans. the money man charles payne has that coming up next. >> this is a $16 trillion dollar proposal. we have a moral responsibility to make sure that the planet our kids and grandchildren inher et -- inherit is a

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>> once you go to the t-word you can't go back. now is like who can give us more? i have $3 trillion, $5 trillion, what about $10 trillion? remember all the political pushback when president obama had this $787 billion stimulus plan. people were like are you kidding me? that's almost a trillion bucks. that would be a drop in the bucket. >> bill: how did this happen? >> democrats are pointing to the 1.5 trillion dollar tax -- president trump's tax plan saying it legitimizes what we want to do. the federal reserve can create $4 trillion out of thin air we should be able to do the same thing. you are doing that ostensibly to help society but really help bankers. >> bill: remember when they were just going to tax the millionaires? now it's only a tax on millionaires who have at least

$50 million net worth for $100 million. >> the ambitions keep getting grander as well and you know they can't pay for it. you start out and say elect me i'll do this. start with the crazy taxes and start taxing. you tax everything that moves and doesn't move, art collections and baseball card collections. anything of value sitting in somebody's house you start taxing that as well and you still to pay for these ambitious plans would have to try to tax almost every income bracket. >> sandra: you have been following the homeless crisis in california. now they want to declare a state of emergency. they want the governor there to do so to solve this problem. >> it's so amazing because when the trump administration suggested that they should act there was a lot of pushback. it is not that bad. it is not a national incident. my son and my stepson were out there two weeks ago. the way they described it to me is like anyone who has been in

new york city we're accustomed to a certain level of homelessness. it is completely different. villages of homelessness. they have their own kingdoms of homelessness. it is such a way of life and the heartbreak that comes with it and all the other things. you know, we see it in san francisco. their solution is say let's try to ship them to another neighborhood by putting boulders on the sidewalk. like seattle when they went to hostile architecture. public benchs putting extra arms in them so no one can lay in them. the richest cities in america, that's their solutions, more arms in the chair so the homeless won't have a place to sleep instead of finding a way to really address the issue. amazing. >> sandra: we often talk about our 401ks in terms of stock market performance and how it benefits us. a lot of questions when you look at say how much do i really need to reach my retirement goals? what's the answer, charles?

>> it's controversial in the sense that different people have different goals. i think on the fox business site today we have an article where one expert is saying the key is to start early in your mid 20s got your first well paying good job. 10%. 40s, 20% of what you earn and 50s 30%. i do believe you have to start early. i'm from the camp that believes people should have a greater hands-on. the sort of sit it and forget. you have to find a way to be a little more proactive. this way you don't have to put in 20%. people are looking at the screen like come on. i'm just not going to be able to put in 20% if i have a kid going to college or 50% if i'm trying to achieve other things. you can make up for some of that if you more aggressively not day-to-day but people should be more aggressive about

this. people spend more time on fantasy football. >> bill: guilty. >> they can tell you someone's box score from last night but not the stocks they own. >> teach more personal finance classes in high school. >> you have to start in high school. >> sandra: know the benefits from your employer. see what you are contributing. >> a lot of employers will match and people put in less money and they defeat the person. max that bad boy out and let the employer match it as well. don't use it as an excuse. sometimes it backfires because people use it as an excuse. >> bill: you looked good before. you look even better with the new refresh. >> sandra: i see charles face all over the hallways at fox right now. we were both here for the launch.

october 2007. all right, charles, thank you. violence in hong kong, police firing live ammunition as demonstrators take to the streets marking 70 years of communist rule. a protestor reportedly shot in the chest. >> whistleblower news. former white house press secretary sarah sanders will be our headliner. many questions for her. you will hear them next. >> you know who is suffering from this? the american people. we do. that the president would be put in a situation where he now has to worry about conversations that he is having with world leaders being leaked to the press. that is not good for our constitutional republic. ntertai. with over 4,000 channels of entertainment, including the latest movies and box sets from around the world,

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>> bill: there is blood shed in hong kong. pro-democracy demonstrators

continue to explode in the city streets. we're hearing reports a protestor was shot. we do not have condition on that protestor. the first known shooting during months of often violent protests. anniversary today too for china. greg palkot is live in hong kong to bring us the latest there. good evening there. >> hello, bill. pro-democracy protestors wanted to embarrass communist china on that 70th anniversary. and it turned hong kong into a battlefield and tear gassed filled day. look at what we saw and heard. >> after a peaceful start the violence comes. it is now kicking off here. police are firing in all directions. not just at protestors but at media. they see us, too, as a target. the main crowds are down there. they are holding place but right here the police with water cannons, tear gas and

rubber bullets trying to get the crowd out. 6,000 police were deployed trying to rein in the chaos. some of the worst fighting we've seen in four months of unrest. they threw gas bombs, rocks, smashed buildings, set fires. many arrests including some that we saw. 31 people so far have been injured including that protestor who was shot. he is an 18-year-old student. he was coming at that police officer with a pole. the cop fired at him with a revolver at point blank range in the chest. we hear he is in critical condition. now, seemingly oblivious to this, officials in beijing had a big military parade to mark that national day. chinese president xi said stability will be maintained in hong kong. clashes go on here in hong kong across the city into the night. we've been hearing sirens, seeing police vehicles. it is a day and night of rage

here. back to you. >> bill: thank you, greg palkot in hong kong. thank you. >> president trump: we have the whistleblower that reports things that are incorrect. you have probably figured it out the statement i made to the president of ukraine was perfect. it was perfect. the whistleblower reported a totally different statement like the statement it was not even made. this whole thing is a disgrace. there has been tremendous corruption and we're seeking it. it is called drain the swamp. >> sandra: president trump pushing back against the whistleblower who filed a complaint over the phone call with the ukrainian president. we'll bring you through this story this morning. the headliner sarah sanders former white house press secretary and house news contributor. good morning and welcome to "america's newsroom." great to have you here. >> good morning. >> sandra: you heard from the

president there and we're multiple days on in this and we watch the fallout from that whistleblower complaint. how is the white house handling this? >> i think in the best way that they can. that's fighting back against the hypocrisy and what the real scandal here is. the only corruption in this entire process has to do with the bidens, not the president, not the white house. it is the fact that joe biden was acting inappropriately and making sweetheart deals for his son. that's the corruption in this process. the president shouldn't be getting impeached. he should be celebrated for draining the swamp and following through on another one of his campaign promises. the hypocrisy and the level of fake outrage from the democrats is really astonishing and something hopefully the media and american people will continue to call out as this process play out. >> bill: we'll see tomorrow closed door hearing, thursday and friday with three different individuals. three specific questions, sarah. who in the west wing would be

willing to give information to a whistleblower? >> you know, i don't know the answer to who that would be. i think the big thing here is the whistleblower's complaint doesn't matter. we have the transcript. the white house has been fully transparent in this process. and the complaint doesn't matter. it is second hand information which we don't need because we have firsthand information in the transcript that the white house has voluntaryly released. i don't think there is anything that the whistleblower can tell us that isn't in that. i think the real trouble there is -- >> bill: how many in your opinion were willing to turn him in? the reporting suggests half a dozen people gave this whistleblower information. does that sound right, six people? >> that sounds like a large number that would have access to have been on the call in the first place. every member of the call would report back to this individual. that sounds quite high to me and something that i would be

shocked if that was correct. again, i think that the whistleblower's complaint at this point is really irrelevant because we have the transcript and we can see there was nothing inappropriate about the call. no quid pro quo. the president was acting as he should have. and i think the biggest thing here to look at is the fact that nancy pelosi made her impeachment inquiry announcement prior to ever having any information. that should be looked into that shows the nature of what this is. it's all about politics. >> bill: i'm intrigued what is happening in the west wing having spent nearly three years there you have intimate knowledge of it. why move the transcripts of these phone calls to a private system? there may be a perfectly acceptable reason for it but why do it? >> you want to protect that information. i think the president should be able to engage and interact with foreign leaders without every single detail of that being public. i don't understand what the

issue is, whether it was on a classified server or not. clearly there have been more leaks out of this white house. there was a study done very early on in the administration that there were more leaks within the first six months of classified and state secret information than any other administration in history. i think they were acting responsibly. we have to protect our relationships. we have to be able to communicate with our allies and partners. the president should be able to do that without those classified conversations and exchange of national security information being leaked to the press. that has happened a number of times. we dealt with it quite a few times and it's problematic. >> sandra: you left in june. the phone call was in july. there are questions who was in the room. >> i don't know if mike pompeo was on the call but wouldn't be surprised if he was. why wouldn't he be? he is the secretary of state

and regularly engaging with leaders on a global stage, as he should be. he is one of the smartest people that the president has around him. i think it's a great thing. he graduated top of his class, a west point grad. somebody who has intimate knowledge with how interactions between different countries operate and he is speaking on behalf of the president every single day. i don't think it would be surprising. i also think if he saw anything wrong with it, which he clearly didn't, he would have said so. he would have turned to the president and said you shouldn't say that. >> sandra: we don't know if he is on the call. >> i'm not saying he was. i wouldn't be surprised. it would be natural and appropriate for the secretary of state to be part of a foreign leader call. and have that information. >> bill: do you know who made the decision to transfer the transcripts of the phone conversations into this private system? >> i don't. but again -- i don't know who

made that specific decision on this particular call. again, i think it is irrelevant that it was moved to that. the president made the decision to release it. he wants to be transparent in the process. i think the only place we have secrecy and clouds is under the bidens and what happened when vice president was in office. >> sandra: rudy giuliani the president's personal attorney, someone you have come to know as well has been subpoenaed and asked to turn over documents by a given date in october. how do you expect that to proceed, sarah? >> you know, i have a good working relationship with him. he was not in the administration at any point while i was there. i think that's a decision he will have to make personally and i'm sure he'll work with the white house to determine what the appropriate next steps are he should take. >> bill: come back soon, okay? we have a million questions. welcome to the fox family. thank you for taking time out today. appreciate it. >> sandra: thank you. >> bill: got a fox news alert

now. breaking news. secretary of state mike pompeo responding a moment ago to a house foreign affairs document request over the whistleblower complaint. secretary pompeo saying in a series of tweets he is concerned about the aspects of the committee's request that could be viewed as an attempt to bully state department employees and he will quote not tolerate it. live in the state department. we'll fill in details. >> sandra: plus a virginia doctor facing life in prison for illegally prescribing opioids to patients and the scope of the crime is staggering. what could affect his sentence. we'll have that for you next. ...that is certain. but history tells us that economies don't live in a vacuum. we need to prepare for uncertainty. and you can... with rosland capital - a trusted leader in helping people acquire precious metals. call rosland capital today at 800-630-8900 to get started.

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can save on your prescriptions and to get our free decision guide. licensed humana sales agents are standing by, so call now. >> mike pompeo is traveling in italy just responding to a house document request. pompeo says in a series of tweets that he is concerned that aspects of the request could be viewed as an attempt to bully state department employees and that he will not tolerate it. that's the view from him in

italy today as we watch it from across the atlantic. back here in washington >> sandra: virginia doctor now facing life in prison. dr. joel smithers has convicted of more than 800 counts of illegally prescribing opioids. his sentence will be handed down tomorrow. joining us now is trial attorney lisa kuharski. what do we expect to happen here? >> i expect a stiff sentence. i think we're seeing this leading to stiffer penalties especially for doctors breaching their trust to the public, breaching their duties. because of the 860 counts, one of them being an overdose, which is a drug use resulting in death according to federal guidelines, that could give him a life sentence. >> bill: 860 counts. i'm assuming it pertains to 860 patients? or do the counts apply to more than one patient at a time? >> that's the whole thing we're seeing with this kind of abuse.

by the time these doctors are arrested they've generally treated hundreds of patients. each prescription is a count. that's why we're seeing what we consider to be stiff penalties but in reality it really is the penalty is meeting the crime. we have 860 counts. we don't expect this to be a slap on the hand and we do have very serious penalties. we have an overdose which resulted in death even though the victim's family is saying we don't blame the doctor. they still found a significant abuse of this doctor, right? he didn't have a medical office. he had no medical supplies. every one of his patients received excessive amounts of drug prescriptions and right now we know they regulate them. doctors aren't allowed to write more than seven days of drug prescriptions. this doctor is writing months. selling them pill by pill. a lot of things that actually i can say validated this conviction. >> bill: how old is the doctor?

>> 36. >> mandatory 30 year minimum? >> i think he faces more than that. since 2001 the dea has come out with an oxycontin federal act where they actually are trying to come down on doctors and so back in 2004 there was a doctor in virginia similar to this area and he also abused his drug prescription privileges. he faced 57 months, there was a doctor in florida serving 157 years. more recently there was a doctor charged similarly with an overdose by drug use and he is facing a life sentence. i think we're going to see the gavel come down pretty hard. >> sandra: as we continue to face this major problem in our country, there is a precedent for this and you look at what is happening here and you wonder if this is all part of the bigger picture and how this could be a piece of history

that could change the course of our country and this problem. >> i think he hope we see change. i think most doctors try to act responsibly. it is kind of difficult to just have a blanket approach. i think most doctors act in the best interest of their patients. certainly these doctors are not acting in good faith and we're seeing the gavel come down on them. i think they have to really wheel them in so that people stop abusing this process because we can't have prescription drugs out there and the abuse is pandemic. >> bill: thank you, doctor lisa kuharski. thank you for your time. on a much different note, however, the mobile game words with friends, a favorite of millions, now that we learn of a possible data breach. we ask the question who really are your friends after all? >> sandra: you play this game? >> bill: i used to for a time.

hope it's safe.

>> bill: massive data breach of a popular game on your mobile home called words with friends. you probably know it. you may have been hacked.

brett larson fox news headlines 24/7 >> sandra: is this game still as popular as it was. >> bill: 218 million. all the ladies in my family play it. they're into it. >> i used to play the game with my sisters and they accused me of cheating. i just have a good vocabulary is what it is. >> bill: 218 million may have been hacked. >> words with friends and draw something. to games by the same company. the information they got is really bad. names, email addresses, log-in i.d.s and passwords. they got your password but you can't see the characters. hash marks there. phone number and facebook i.d. one of those things you could change. that would be your password and now would be a good time to update that. the hacker who was behind this may actually try to sell this data and he has told i was reading an article he has told interviewers he has he massed

almost one billion stolen records through the years of hacking. >> bill: a billion? >> they look to put the stuff on the dark web and other hackers buy the information. >> sandra: what can you do about it? change your password, >> change your password. another suggestion i would make here, email is free. you can get email from a variety of sources. this is also a good time to get a different email address that you only use for games, for logging into some things that aren't your banking and credit card and paying your bills. just get a separate email. go on gmail. sign up for brett larson games. >> sandra: that's a lot to ask. people have a hard time keeping track of their passwords. >> try to set up an alias, when this happens you can say who cares? that's not an email address i use for anything. that's what i would do. >> bill: did you beat your

sisters in that game? >> yes and that's why they accused me of cheating. >> bill: you're so modest? >> look at the job we have. we work with words all day. >> sandra: good for you. a words with friends player. >> something to be proud of. i've been hacked again. >> bill: thank you, sir. >> sandra: secretary of state mike pompeo firing right back this morning after being subpoenaed in connection with the ukraine whistleblower complaint. why he is telling democrats he and his team will not be bullied.

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>> sandra: fox news alert. brand-new reaction from secretary of state mike pompeo to house subpoenas for him and his team in the ukraine matter. and he is not mincing words. welcome to a brand-new hour of "america's newsroom" tuesday morning. i'm sandra smith. >> bill: i'm bill hemmer. mike pompeo calling the subpoenas and attempt to intimidate and bully state department officials. he was on president trump's phone call with the president of ukraine. that phone call and a later whistleblower complaint sparking an impeachment inquiry. sarah sanders said the president did not wrong in this case. >> the only corruption in this entire process has to do with the bidens, not the president or the white house. it's the fact that joe biden

was acting inappropriately and making probably sweetheart deals for his son. that's the corruption in this process. >> sandra: live fox team coverage at the white house but first at the state department with secretary of state pompeo's participation in the call. >> a source familiar with the conversation said secretary pompeo was on the call between president trump and president zelensky on july 25. he is traveling in italy this morning. our producer is also with the secretary on pool duty. nick asked him to comment on his participation on that call. secretary pompeo offered no response. he did however respond to subpoenas by the chairman of the house foreign affairs, intelligence and oversight committees. they want documents and to speak with senior state department officials. pompeo says the request can be understood only as an attempt to intimidate, bully and treat the distinguished professionals with the department of state and let me be clear.

i will not tolerate such tactics and i will use all means at my disposal to prevent and expose any attempt to intimidate employees of the secretary of state. they want to speak with a career diplomat whose shift to ukraine ended early. ambassador kurt volker who connected a presidential advisor to giuliani, and others. ambassador to the european union. committee aides are still reviewing what the secretary has just sent out. he tweeted out the letter he submitted to the committees of jurisdiction. the secretary notes and says there have been no subpoenas to talk to these five state department officials. he is not aware of any other rule that would compel them to appear before them. sandra.

>> sandra: a lot changing. rich edson, thank you. >> bill: now to house democrats giving rudy giuliani to mid october to turn over documents related to ukraine as bill barr asked president trump to introduce him to foreign leaders who could help him in the russia probe. john roberts tracking that from the north lawn. >> no word yet from rudy giuliani whether he plans to comply with the subpoena for documents. he tweeted last night he has a lot to consider. a lot to weigh in terms of turning over those documents tweeting i have received a subpoena signed only by democrat chairs who have pre-judged this case. it raises significant issues concerning legitimacy and constitutional and legal issues including attorney/client and other privileges. it will be given appropriate consideration. he is considering whether or not he will actually go up there and testify. listen here. >> i'm weighing the

alternatives. i'll go through it and get all my evidence together and get my charts. i don't know if they let me use videotapes and tape recordings that i have. >> democrats criticizing giuliani saying he is being selective about the idea of attorney-client privilege. >> we'll have to pursue different remedies including contempt potentially as well as to the potential avenues. i have to say that rudy giuliani, when he talks about attorney/client privilege, doesn't mind breaking attorney/client privilege whenever he talks about his conversations with the president. especially about ukraine. >> president trump doubling down this morning on his demand to face his accuser tweeting about the whistleblower. why aren't we entitled to interview and learn everything about the whistleblower and also the person who gave all the false information to him? this is simply about a phone

conversation that couldn't have been better. and barr asking -- it should come as no surprise listen to what the president said fully four months ago. >> i hope he looks at the u.k. and i hope he looks at australia and i hope he looks at ukraine. i hope he looks at everything. because there was a hoax that was perpetrated on our country. >> on the joe biden front a photo emerging from 2014 as biden and his son hunter golfing in the hamptons with devin archers at the far left-hand side of the photo. he and hunter were on the gas company of burisma holdings and owners of a private equity firm that atraektd a 1.5 billion investment from china after hunter accompanied his father

to beijing in december of 2013. biden told peter doocy that he never discussed overseas business with his son hunter. >> sandra: let's bring in tom dupree. good morning and thank you for joining us. a lot to get to here. why don't you start out first by taking that on. we've got response from mike pompeo. the photo did emerge just a short time after we heard from joe biden himself that he had never discussed those dealings with his son. >> yeah. that's the interesting thing. the biden narrative has been changing over time. i suspect it will continue to evolve before we finally figure out exactly what joe biden and his son did in ukraine. the pompeo news shouldn't be a surprise to anyone. this administration has pushed back against the democrat subpoenas and refused to immediately capitulate the give

the democrats everything they want particularly when they feel there are those in congress on the democratic side acting with political motivations. this is entirely consistent with the hard line that this administration has drawn from day one. >> sandra: now mike pompeo and this fresh reaction where he is saying that aspects of the committee demands here could be understood as an attempt to intimidate or bully state department officials. >> there is no question that congress does have a legitimate oversight role. at the same time that role is capable of being abused. who they want to talk to, whether or not they are doing a fishing expedition and asking for every document they could dream of or whether they have more reasonable targeted focused requests. it's possible that we'll see some sort of movement here, some sort of attempt to compromise. maybe they can come up with something that's acceptable to the administration. at this moment it looks like they'll be at lager heads and may be forced to federal court. >> sandra: we have a piece by

the former attorney general michael mukasey on john durham's ukrainian leads. he writes this, quote. whether mr. trump's conversation with mr. zelensky on that phone call with the ukrainian president is high crimes for misdemeanors depends on what he was getting in at and when he raised the subject of the favor. he asked about crowd strike, a private company hired by the democratic national committee to look at the dnc server. the f.b.i. took its word instead of conducting its own examination for the conclusion that the russians had hacked the dnc. wanted to have you take that on, tom. >> the former attorney general makes an excellent point. i think it is difficult to fully appreciate the context of the president's conversation with president zelensky absent having an understanding as mukasey said the background and

context. what did he mean by the favor? i think it's difficult to look at the words on the page without knowing more about the context the president made the statements. >> sandra: sol wisenberg joined us this morning and said it is a plan by democrats to do this. here is sol. >> i see this as an effort from the beginning really to shut down john durham's investigation of how the intelligence agent were used against candidate trump. a concerted effort to go against barr since he said he thought it was a big deal when the party in power uses intelligence agencies to spy on the candidate of the opposing party. >> sandra: concerted effort against barr and democrats are trying to shut down the durham investigation. >> look, i think the fact that we now know that barr was reaching out to other nations

and trying to help enlist their help with the investigation will give the democrats on the hill more ammunition to push that narrative. no question the democrats don't like the durham investigation. i think they are going to use barr's involvement as a way to shut that down. look, at the same time i wish the white house had made a greater separation of the political and law enforcement functions here. i wish the president hadn't had that call with zelensky and done a better job of insulating the president from these sorts of political demand. they're giving the democrats ammunition to wield against the white house. >> sandra: a lot to go through and a lot changing. thank you. >> bill: this knewly revealed picture of joe biden and his hunter raising some high browse. does it cast doubt on biden's story. we'll take that up in a couple of minutes. >> sandra: mac thornberry says he will not run for reelection. is the reliably red state of

texas about to turn blue? ari fleischer will take that one on next. >> i don't have any worries at all. we're getting a new generation of eager, aggressive young people who want to come and make a difference in washington

>> sandra: troubling signs in texas perhaps. thornberry is joining a growing list of republicans leaving

office in 2020 and becomes the sixth from the lone star state. joining us now is ari fleischer former deputy chief of staff and fox news contributor. welcome. >> press secretary, not deputy chief of staff. don't demote me. >> sandra: press secretary. ari, welcome. we had sarah sanders earlier. we have the press secretary ranks joining us this morning. thank you, ari. first up mac thornberry is out. what about this trend? what does it tell you first about the state of texas? >> republicans should be worried. what happened in the 2018 election if that's any indication is republicans have a problem of articulating college educated suburban areas around dallas and houston. i used to work with bill archer who represented george h.w. bush's district in hughes son. one of the most college educateed districts in america. after being republican for 30 years it flipped to democrat in

2018. it's worrisome. >> sandra: so when it comes to texas broadly speaking when you talk to other republicans you hear them sort of , no new blood is coming in. they aren't saying this is a warning sign or even pointing to signs of trouble. to that you say what? >> well, i say difference between election and mid-term year. it has presidential election cycle coming out. much bigger turnout republican base than 2018. texas is a warning sign to republicans about college-educated voters and women and they need to keep their eye on it and need to do better with those groups. texas is still a red state with a purple tinge to it. presidential level i'm not worried about texas at all. these house retirements are tough on republicans. >> sandra: i have to move on to the big stories of the day including a.g. bill barr asking the president for introductions to other countries, italy, australia, russia. we've heard it explained it is

typical to ask the president to make the introductions. tell us what you know about it and how this could be seen or what can be concluded from it. >> it is, sandra, 100% perfectly appropriate for the attorney general and president to talk to foreign leaders and ask for their cooperation in a duly constituted united states government investigation. nothing wrong with it. there is a difference between doing that and say investigate political foes. that's not what they did. they ask for cooperation in an investigation the united states government is undertaking perfectly appropriate and what you do with foreign naintions who have information. >> sandra: why do democrats feel they can make something of it? it ties back to the reports that he pressed the australian prime minister for information that could have discredited former special counselor mueller's now completed probe? >> well, first of all the word press is an editorial word.

it is a routine conversation. a government investigation. i hope your government will cooperate with it. that's proper and i think that's the tenor of what happened. there is a legitimate reason for the justice department to investigate why they were so wrong about collusion and why the nation went through two years of turmoil and strife on phony, false accusations. we should get into it. no government should investigate a political opponent in this case the obama, biden administration, comey f.b.i. investigating donald trump. and it turned out to be wrong. it is proper to get to the bottom of it particularly if the f.b.i. used the power of the government to surveil a political campaign and did so inappropriately. the investigation is warranted. and it requires some information from foreign governments properly so. >> sandra: a few seconds left. we started out this program this morning with the news that rudy giuliani is subpoenaed, bill barr thrown into the fire.

so much changing and so many aspects to the story as it develops this morning, throughout the week. tough to keep track of. your characterization of the moment and what might happen next, final thoughts. >> first of all on the giuliani matter i do think that presidents have a right to have private people go abroad and represent them but they're on thinner ice when they do that. the proper way is to go through channels. the department of justice. that's routine and that is the best channel to go through, not through private attorneys in all instances. but i advise people to wait. don't reach conclusions, don't rush to judgment. let facts speak for themselves. the end of the day i don't think president trump did anything impeachable. i think the democrats are not impeaching him because of ukraine but because he is donald trump. they're impeaching him for everything they don't like about donald trump. that isn't proper. the american people should decide who is in the oval office, not impeachment democrats. >> sandra: thank you.

>> bill: 20 past. new violence in hong kong today. it was heated for some time. police firing on protestors with live ammunition, tens of thousands take to the streets. how does this political crisis end? also the california governor gavin newsom sing a landmark bill. >> it will change college sports for the better by having the interests of the athletes on par with the interests of the institutions. now we're rebalancing that power arrangement. i can't believe it. what? that our new house is haunted by casper the friendly ghost? hey jill! hey kurt! movies? i'll get snacks! no, i can't believe how easy it was to save hundreds of dollars on our car insurance with geico. i got snacks! ohhh, i got popcorn,

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today marking two years since the most deadly mass shooting in u.s. history. 58 people were killed on october 1, 2017 when a lone gunman opened fire on a music festival on the las vegas strip and later found dead in his hotel room of a self-inflicted gunshot wound. las vegas is holding memorials to honor the victims and the mayor will mark the exact time of the shooting reciting the names of all 58 victims killed that night. >> bill: breaking news now hong kong, fox news alert. protestor shot for the first time in four months of unrest there. violence escalating. dozens arrested in clashes across the city on the day that china celebrates 70 years of communist party rule. gordon chang, asian analyst and

the author of the coming collapse of china by way of skype in seoul, south korea. what has happened today? it's nearly midnight there in your location. what happened? >> there are clashes continuing throughout hong kong. earlier today a riot policeman shot at point blank range an 18-year-old. the 18-year-old had a steel bar fighting with the officer. the officer's life was not in danger and no indication of a warning shot although we need to learn more about what is happening. there are also reports that hong kong police officers dressed up as protestors fired live ammunition today in some spots in a neighborhood in hong kong. the situation is rapidly deteriorating. >> bill: the individual who was shot, do we know the condition of that person? >> critical condition. we don't know anything else.

>> bill: and after all this we've been watching this in the streets for weeks now. why in a day such as today do you fire live ammunition at point blank range? >> the hong kong police have been warning they would use live ammunition. they've been warning that now for about a week and a half. so have the hong kong junior officers police association. i think that this is actually being orchestrated from beijing because the hong kong police would not do this on their own. they have to have some sort of sanction from higher ups and the hong kong chief executive is not senior enough to do that. this came from the highest levels in china. >> bill: how significant is it given the 70th anniversary of communist rule. >> really significant, bill. china did not want anything to

mar the celebrations in beijing. hong kong people have made it clear they're determined to defend their home and they see it as the last stand. we'll see the clashes continue for a very long time. >> bill: thank you. something to watch and we shall. thank you, sir, for your insight today. sandra. >> sandra: some san francisco residents caught between a rock and hard place after they set up boulders to keep homeless from camping out in their neighborhood and how city officials are responding. >> bill: a new photo raising questions about biden and his son. what we should think about. remember the intel committee? >> i prosecuted -- i can smell this, obama let this happen. any honest president would have called his vice president in and said joe, what are you doing? extcenter hourscall

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>> i've never spoken to my son about his overseas business dealings. here is what i know. i know trump deserves to be investigated. he is violating every basic norm of a president. you should be asking him the question why is he on the phone with a foreign leader? trying to intimidate a foreign leader? >> that was two weeks ago joe biden on the stump denying he talked with his son's foreign business dealings with him. a new picture questions that claim. here they are from 2014. devin archer screen left is the gentleman who joined the board in ukraine at the same time that hunter biden joined the board. brad wenstrup from the house intel committee with us. first of all on joe biden. what does this suggest, if anything?

>> well, it suggests a lot. i have a bias in all this. i have a bias for the truth. i was impressed with the young man during watergate seeking truth. as far as this picture out there playing golf. i don't golf but i was a caddie for years. i can tell you when people are out playing golf for four hours, they usually talk about business. i can also tell you if you are on a plane from china with your son for that long a time, you are probably talking about his business ventures as well. it seems to be disingenuous. >> bill: we'll see in the end whether or not you're right about that. talking about a lot of things over the course of four hours. talk about the schedule this week. on screen you'll get a former ambassador to the ukraine tomorrow, then we move to volker who resigned on friday night -- yes, on friday night and then on this friday morning you get the inspector general michael atkinson. of these three you're in number

three. >> yes, i will be there on friday. we have a lot of questions for the inspector general. he put out a release yesterday that said that he cited everything in the -- to the complainant that you cannot pass this along. if there is not first-hand knowledge of the incident being reported. and yet he passed it along anyway. i did not see any firsthand knowledge in the complainant's form and statements. yet there was apparently a box that he checked saying he had first-hand knowledge. none of that was in the complaint. that will be one of the questions i have plus many more obviously as we proceed forward. >> bill: a specific question. you've seen the transcript of the phone call with the ukraine president. do you see anything wrong in that yes or no? >> you know i don't really. i think it's imperative. i think it is imperative to have a conversation between two heads of state. when you were talking about corruption within both of those countries perhaps. what kind of corruption took place?

i think that's certainly appropriate. if you ask me did the president have to mention joe biden? that's the elephant in the room. i don't think he necessarily had to. i did not see it as a quid pro quo nor did i see he was -- think about this. he was talking about press reports that are out there about joe biden and others that he is saying i wish you would look into this. you know what he was saying? let's get to the bottom of the facts about corruption is what he was asking. he didn't the threaten him or make any quid pro quo that i saw. let's move on from there. if you are going to address these things you should be addressing all of the types of behavior. the letter from the senators that we've seen previously. this is certainly documentation that you could ask the same question if not more. and so i think it's important that we do all this. but i have to ask you -- >> bill: one more time here. the transcript of the unclassified now conversation with zelensky on page 3 a lot of people made a big deal out

of this. i would like for you to do us a favor. in that paragraph what the president talks about is the investigation into the election of 2016. however, on page 4 he gets into the other thing using his words, there is a lot of talk about biden's son and biden stopped the prosecution and goes on to say if you can look into it, it sounds horrible to me. does that imply a suggestion on behalf of the president to go ahead and get a foreign leader to look at what could be a political opponent? >> i think it's perfectly appropriate to ask a foreign leader to look into potential corruption that took place or maybe took place. i think it's perfectly appropriate. bill. joe biden happens to be a candidate. let's not forget donald trump was a candidate and donald trump had a lot of accusations made against him. and i would like to get to the bottom of those accusations and where they all started and i think that's where the president is headed. >> bill: at the moment adam

schiff runs your committee. what do you think of his leadership thus far? >> i have a real problem with what he did just last week when we had the dni there before us, a very honorable man and he totally makes up a conversation between two heads of state. that was a false narrative and he knows it. he claimed it was parody. it is not funny. interestingly i heard the same type of conversation from congressman mcgovern knee rules committee two nights before which happened to be before we had the whistleblower complaint and before we actually had the transcript. so it seems to me that this is a narrative that they were going to put out no matter what was in this and so here we are and so the leadership concerns me. now we're issuing subpoenas. we didn't vote on them in the intelligence committee. i have a concern with that as well. seems to me as a committee we have a discussion. >> bill: i'm out of time today.

please come back. brad wenstrup the republican from ohio. >> sandra: officials in san francisco removing boulders set up by residents in one neighborhood to keep homeless people from camping out on the sidewalk. they say it poses a safety hazard and they're working on a more permanent solution. >> the boulders were not only a source of controversy pitting residents against activists but became a road hazard. several of the 24 boulders installed on the sidewalk were being pushed into the street. the city has removed the rocks as a request of the neighborhood. it was causing morehead aches than solutions. advocates for the homeless found it dehumanizing saying it sends the wrong message. >> better answer than putting up boulders to block people. that's not how we do it in san francisco. we are more anticipating

-accepting and we find a better answer. >> folks raised $2,000 to help buy the boulders. neighbors saying they were fed up with calling police with little response and they resorted to rocks to stop drug dealing, violence and other crimes in the area. a local public works department looking at other ways to address the issue. >> having larger boulders, some kind of landscape plan. so i think for now just to put things at rest we are in possession of the rocks and we are at the drawing board coming up with a new solution. >> the controversial rocks are now in storage with no plans right now what to do with them next. >> sandra: jeff paul in los angeles. thank you. >> bill: the impeachment matter now. the white house saying a pair of new deals will create thousands of new jobs for

americans. is that being overlooked? peter navarro the white house trade advisor and he will make his case live. don't miss that, it's coming up next.

>> sandra: the impeachment inquiry overshadowing some other big headlines out there. a trade deal reached with japan. the white house trying to shed light on it in a recent op-ed. peter navarro laid it out with the headline. trump's two big wins for farmers, manufacturers, workers versus dem's impeachment squad. thank you for being here. make your case right here to us and our audience. >> last week in a single day president trump signed a historic trade deal with japan and while in geneva, switzerland, i was with a white house led team where we

renegotiated a treat we with a multi-lateral organization. those two trump wins will net americans millions of dollars, tens of thousands of jobs. yet when i looked at the news cycle when i got home that night crickets. all we got was a news cycle just overwhelmed by what is the second impeachment circus in three years. i'm looking at this thinking this is simply an end run around the ballot box when we have a president who for three years during the mueller/russia witch hunt just did his job, put up great numbers on the economy and trade. last week, sandra, this was like a beautiful thing for america. these two things in a single day would be an achievement for a president in a full term. nobody is paying attention to it. the japanese deal, that was a total -- >> sandra: you can make the case the markets see it.

the stock market is still managed to thrive. dow looking at nearly 27,000. down day today. weak manufacturing data came out that is driving prices down for today. i want to dig deeper. by entering into the japan deal the united states have -- but is paying substantially less for that access than it would have in tpp. for example, autos and auto parts are not part of the japan deal. that's a big win for america. so it does not address the president's threat to level those punishing tariffs on imported cars from japan. it leaves that out. can you explain why? >> let's stay with the chess game here with the president. he strongly prefers bilateral negotiations. one country, one-on-one, rather than multi-lateral.

the tpp would have been a disaster for this country. you had 11 countries as part of this thing and we would have had to give away our auto and auto parts industry in order to gain access to all these different markets. the reality is -- >> sandra: i'll have to cut you off. we have breaking news we have to get to this now. >> bill: come on back. texas, the jury has reached a verdict in the case of the former dallas police officer charged with killing her neighbor finding her guilty of murder. casey stiegel in a moment. let's listen to this now. >> would you please stand? we the jury unanimously find the defendant, amber guyger, guilty of murder as charged in the indictment. no outbursts. it is signed by the presiding juror who is juror number 11. mr. rogers, would you like to have a jury polled?

you may be seated, ms. guyger. we are going to take a break. you all will have a long lunch break today. and we will resume court at 1:00 p.m. >> all rise. >> bill: amanda guyger is the former dallas police officer as you've been following this case. she came home to what she claimed was her apartment and inside that apartment she shot a man. after calling 911 she said at

least 20 times during that 911 call, sandra, that i thought it was my apartment. i thought it was my apartment. the sound you hear in the background is the family of the deceased who are reacting inside that courtroom. >> sandra: the south side dallas apartment. she confused his apartment for her own. she walked in, the door they were able to confirm was left slightly ajar. the prosecutor made the case in the courtroom that he had a very distinct red mat outside his apartment to make it very clear because so many apartment looked identical in that apartment building. jean was 26-year-old and shot by the police officer. she walked in fully dressed in her police uniform that evening. >> bill: jean lived in the upstairs apartment. he sat in his living room

eating vanilla is cream on his sofa. >> sandra: the judge for the trial in a big ruling in this case on monday said that the jury would be allowed to consider the castle doctrine that passed in 2007 in texas. casey stiegel is live in dallas for us on this. it was a big part of the story. that law allows a person to use deadly force in the protection of a home, vehicle or other property if someone attempts to forcibly enter or remove an individual from the premises. we're learning now it was a big question for the jury, casey. >> that's right. in fact, there was a bit of confusion about this and the family attorneys for both jean the victim talked to us this morning. they said they were going over and pouring through the castle

doctrine this morning and they said it was so confusing and they didn't really know how it was applicable here. texas version of a stand your ground law which allows a person to use deadly force if they feel threatened. it is mostly if someone breaks into your house and you as the homeowner shoots that intruder. that protects you because someone was entering your home. however, as we know, officer guyger was entering someone else's home. she said she thought it was hers but in fact it wasn't. it was that 26-year-old and so then there were a lot of questions about what the prosecutors kept calling this critical series of errors that she made. she said that she heard rustling on the other side of the door before she even put her key in. and so she thought she was interrupting a burglary in process. the prosecutors drove home

during this case that that shows dallas police protocol tells an officer, their training, to retreat if they're interrupting a burglary in process and call for help on the radio, something she did not do and she continued opening the apartment. so this is something that they were really trying to put with the jury, that this was a woman who seemed more concerned about her own actions, about her own well-being as opposed to the ending to a dying man. amber guyger on the stand on friday when the defense called her as their very first witness, she said that she did try cpr and that she performed something that she had seen paramedics using through the years called a sternum rub which is something she had seen people who were injured and unconscious be revived from that process. she claims to have done that but then the prosecution shot it down saying there was no

blood evidence on her hands or her clothes. if she really treated someone with a gunshot wound she would have had some kind of blood on her. she did not. she also had some special gauze in her first-aid kit that sort of standard issue with the dallas police department and it is a gauze that has this clotting agent in it. it is combat gauze and they can put it on a gunshot wound or a very serious wound and apply pressure and that clotting agent helps seal it off until paramedics then can get that person to the hospital. so we know that when those first responding officers got on the scene that night after amber guyger called 911, the first responding officers we could see from their body camera video.

she claimed jean had a weak pulse and they did chest compression and performed cpr until paramedics could arrive. if amber guyger had performed cpr or started the lifesaving measures like she was trained to do as a police officer, once she realized that she made a mistake and she was not in her apartment and she had just shot an innocent person, their argument all along was that this man could have potentially survived because the first few minutes of a trauma are so critical. but this has been absolutely fascinating because the jury has been sequestered. it is a very highly publicized case and, in fact, the defense before this trial even started, before jury selection even began, the defense had been arguing, sandra and bill, to try and get a change of venue and get this trial moved out of dallas county because they didn't think they could get a

fair jury pool and they could get a fair trial for this officer because this had been so widely publicized. the judge shot all of that down and here we are now with a guilty verdict of murder for former officer amber guyger. >> bill: good work there. her attorneys argued she was distracted and tired from a long day at work. 13-hour shifts over a period of four days. the judge is with us here. did the prosecution have to find a motive in order to find this defendant guilty of murder? >> yes. i don't know what the motive is. that's a great question, which is why this is probably a defective verdict meaning defense counsel will ask the court to reduce the verdict from murder to aggravated manslaughter which, of course, changes the penalty range

drastically. so first degree murder is a planned, plotted murder with a motivation. second degree murder is a murder with a motivation that is not planned or plotted. criminally negligent homicide is the gross misuse of a dangerous instrument that results in a death. that's probably what happened here. and will be up to the court now to correct this. >> bill: they said she was tired from working a shift, not distracted. thank you. quick break here, sandra, as we now find amber guyger guilty. >> sandra: 32 years old. we'll have more, a quick break. ...is more horsepower. (engines rev) if we were for everyone, we'd be for no one.

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has far ranging complications. implications. do you agree with the law are not? >> i agree with it. i think we have been going towards this for a number of years. eventually eliminated video games that use college football players like this because they recognize that somebody shouldn't -- >> melissa: and they are represented the university. >> $1.2 billion. that's a large piece of pie, and a lot of the athletes and the people say we deserve a piece of this. >> if you want students to be in control of their destiny, this is a way to go. when you look at these athletes, a lot of them are suffering, coming from impoverished neighborhoods. there was one time that education had value. today, he doesn't have as much value. >> harris: here would be my position on it. you are 17 years old, asking me to pay for my own college, then giving me a full ride. that's my ticket. >> is not a given.

>> bill: i get a full scholarship. do you know what that does for a 17-year-old or 18-year-old man? going to a major college or university. that's the -- >> when was the last time that universities really clampdown on student universities really being in class or being students? they don't think about that. that term student athlete is kind of a joke. >> bill: exactly. you want to change the ncaa rules, as you are making the point earlier, to let them go pro at the year. >> i am okay with changing that rule, but i am making the case that if you are 17 years old, and you get a full ride, that in itself is the reward. >> i agree with you 100%, bill, but i think we are arguing different points. the players do deserve this. it does need to get turned -- >> they are making millions. they are making billions off of them. >> bill: how about the mayor going to lebron james show?

>> lebron james is the most popular -- >> melissa: academic all-american right here. thethere are amazing student athletes throughout the country. great conversation though, guys. that's it for us, guys. "outnumbered" starts now. >> harris: fox news alert. democrats doubling down on their impeachment inquiries, blasting rudy giuliani with a subpoena, demanding he produce all documents related to communications with ukrainian officials. now, giuliani is responding, saying he could be convinced to testify of lawmakers let him present the information he obtained. watch. >> i don't know. i'm weighing the alternatives. i go through it. i get all of my evidence together. i get my charts. they let me use videotapes, tape recorders that i have. that's