has found when the boxes came back from north korea. a very meaningful, important moment for that mcdaniel family and for all americans it's an honor to show it to you. thanks for joining us, everyone. i'm dana perino. up next, shep smith. >> shepard: it's noon on the west coast. 3:00 here in new york city where republican congressman is facing a judge on charges of insider trading. the lawmaker denies he did anything wrong. we're live at the courthouse. president trump's lawyers making what they are calling a counter offer for an interview with the special counsel robert mueller. ahead, the details on what they call the last chance to avoid a possible subpoena of the president. and the star witness on the defense at the trial of president trump's former campaign chairman. but rick gates says he has a very good reason to tell the truth about everything paul manafort did. let's get to it. >> shepard smith reporting live from the fox news deck.

>> and first from the fox news deck this afternoon a sitting u.s. congressman in federal court right now on charges of insider trading. we just learned the hearing has just ended. prosecutors say republican chris collins of new york cheated our markets and our justice system by passing along a secret tip about stocks and then lying about it. the congressman's lawyers say he did nothing wrong. the charges stem from the lawmaker's work on the board at the australian -- an australian drug company last year. prosecutors say he was also the company's largest shareholder. when the chief executive learned a test of its main drug had been a total failure. they say that the congressman gave his son a heads up on those test results, before the public had any idea. and that the son passed information to his fiancee and father and others. if true, there's big trouble. prosecutors say several of them sold stock in the

company before the news broke and the stock tanked. and that doing so saved them nearly $800,000 in losses. >> congressman collins, who, by virtue of his office, helps to write the laws of our nation, acted as if the law didn't apply to him. >> shepard: some background on the congressman. he represents new york's 27th district. that's the suburbs of buffalo. he was elected to congress in 2012. before that, he was a business owner and involved in local government. our research team tells us as of this year he is the 13th wealthiest of more than 500 members of congress. with a total wealth in the tens of millions. and he was the first member of congress to endorse then candidate donald trump for president. attorneys for congressman collins say they will mount a vigorous defense to clear his name. he has just pleaded not guilty to all charges and our bryan llenas is outside

the courthouse in new york. brian. >> all three men wells his son's fiance's father they were here set $500,000 is bail set for each of the men. they have all been ordered to hand over their travel documents including congressman collins who has been ordered to hand over his diplomatic passport. now, this all began in june of 2017. according to the indictment, that is when chris collins was at a congressional picnic at the white house. he received an email you from the ceo of this australian pharmaceutical company called innate. and in that email the ceo informed the board of directors that the new drug the company was banking on to treat a form of multiple sclerosis failed in its drug trials. so prosecutors say collins immediately, within minutes, called his son to give him this insider information illegally before that info went public. >> congressman collins

cheated our markets and our justifiable system in two ways. first, he tipped his son to confidential corporate information at the expense of regular investors and then he lied about it to law enforcement to cover it up. >> prosecutors, in a statement, collins' lawyers said this quote it is notable that each the government does not allege that congressman collins traded a single share of innate therapeutic stock. we are confident he will be completely vindicated and exonerated. prosecutors contend the only reason collins didn't trade his own stock is because he was under investigation at the time by the house ethics committee for his relationship with this very company. that investigation found, quote: substantial reason to believe that collins may have used his office and his position illegally and

inappropriately to help this australian pharmaceutical company. but congress did not punish him and he denied all wrongdoing. house speaker paul ryan has ordered another investigation by the house ethics committee and he says that in the meantime, while this is all going on that, christopher collins will no longer be seated in that committee for the house energy and commerce committee. shep? >> shepard: bryan llenas on scene. the lawyers for the congressman have suggested to the media that they will be holding news conferences coming up. if that happens we will take you there for it live team trump says it's responding to the special counsel robert mueller's request to interview the president. rather than saying yes or no. mr. trump's lawyer rudy giuliani says he is putting forth conditions and that there's a lot to be negotiated. as always, no word on anything from the special counsel. we're led to believe that this has been a month's long saga between mueller's team and president trump's attorneys. the president has said that he is willing to meet with the special counsel but his

lawyers say they are concerned about questions that could raise red flags. mueller is looking into moscow's meddling in the 2016 presidential election and the possibility of collusion with members of the trump campaign and whether the president obstructed justice. president trump has repeatedly said there was no collusion and there was no obstructions. in this case the special counsel has indicated that he might want to ask president trump face to face what he was thinking when he fired fbi director comey. because, if the firing was to affect the ongoing russia investigation, that could be a crime. remember, the president told ntsb's lester holt the russia investigation was on his mind. or, maybe, about the trump tower meetings with the russians. the president says it was about opposition research on hillary clinton. if anyone solicited that thing of value from a foreign agent, that, too, could be a crime. so the headline here, no agreement from team trump to give the special counsel an interview that he wants. instead a request for conditions on what can and

can't be discussed. our chief white house correspondent john roberts is live on the north lawn. john? >> shep, good afternoon to you. there is no question this has been going on for months. it was way back in march that mueller's team ding dictated the questions to the president's legal team and they have been going around and around about this ever since. the latest response to the mueller's team shortly afternoon today in response to the letter mueller sent last week laying out his parameters for an interview. in a statement rudy giuliani saying quote: millions of pages of documents along with testimony from dozens of witnesses have been provided. we are restating what we have been saying for months. it is time for the offers of special counsel to conclude its inquiry without further delay. statement from jay sekulow the president's other lead attorney. we have responded in writing to the latest proposal from the office of special counsel regarding its request to interview the president. it is not appropriate at this time to comment publicly about the content of that response. in a telephone conversation

i had with him. giuliani would not go into details with the counter offer did tell fox news it's not a refusal but at the same time, it's not a completely unreasonable position. i can see a way in which they, mueller, may agree with him. and a little bit of movement from the president's team, i'm told. giuliani telling fox news that they may be willing to entertain some questions that go to object struxz of justice if mueller were to give them some sample questions that don't raise red flags that he is setting a trap here. harvard law professor alan dershowitz said on fox news earlier today he thinks the strategy is to present mueller with something he simply can't accept. listen here. >> i think the tactic is emerging, and it's fairly clear. the president wants to testify. his lawyers don't want him to testify. so the lawyers are going to set up a series of conditions put it in terms of the godfather. they will make him an offer he can't accept. in the end, mueller will say look, i can't accept this offer, so we're going to

subpoena you. the president will be able to say look, i wanted to testify. it was mueller who turned me down. >> giuliani acknowledged in the a phone conversation with me earlier that mueller certainly could try subpoena the president if an agreement for an interview can't be worked out. dershowitz suggested though that a court battle over a subpoena, which is what the president's attorneys have promised, would likely drag on for months and would probably end in a draw. giuliani told me this morning that robert mueller now has two decisions to make. how much does he really want to interview the president and does he realize that this is his last best chance to do it giuliani also told me there is no reason why robert mueller shouldn't have the interview process all wrapped up by september the 1st. but let it drag on longer than that you this could be go on to influencing the midterm elections. do you really want to do that? robert mueller has shown so far, shep, he is not willing to abide by anybody's timetable but his own.

shep? >> shepard: john roberts live on the north lawn. for context. congressman chris collins' investigation, which came forward with indictments today took longer than the russia investigation has. in fact, it took a year and a half. we're not nearly there yet on this presidential investigation. attorneys for president trump's former campaign chairman is going after the government's star witness again today. attacking his credibility and explaining his crimes. paul manafort's lawyers accusing his former business associate rick gates of leading a secret life. including four extramarital affairs. that was new today. gates has admitted that he had one affair, hiding millions of dollars from the feds and stealing from manafort. but, of the question of four extramarital affairs produced an objection and then a side bar and the defense attorneys didn't actually ask it again. gates cut a deal with special counsel robert mueller and pleaded guilty to lying to the fbi while getting immunity from any other crimes in exchange for the testimony against his former boss.

gates also served on president trump's campaign as manafort's deputy, in other words, the number two. manafort pleaded not guilty to all charges against him, including bank fraud, tax evasion, and conspiracy. if convicted, he would spend -- he could spend the rest of his life behind bars. peter doocy is live at the courthouse, alexandria virginia out of washington. hey, peter. >> shep, rick gates testified that he told the fbi about paul manafort's bank accounts in cyprus, all these fraud and tax charges revolve around back in 2014 when the feds came calling because they wanted to talk to gates and manafort voluntarily to help with an investigation they were doing about a former manafort client, former ukrainian president victor yank covic: they needed these accounts because ukrainian clients preferred to pay them in cypress instead of the u.s. manafort told gates to be open with the fbi at the

time. the manafort defense team argues that the feds didn't have a problem with the books four years ago they shouldn't have a problem now. the feds jumped in and got gates to admit that while he may have been open about accounts existing, he was not so open about hidden income in those accounts and there were no irs agents present at the time nor did he have to produce any tax returns. so the mueller team argued it's not really a good argument for them to make, shep? >> shepard: manafort's lawyers are claiming that the plea deal might be in jeopardy for rick gates? >> right. and the mueller team today made clear to rick gates, they had him reading from a slide show parts of his plea deal that if they find out that he is lying at all they will rip up his agreement and they have not promised him any particular sentence. they have not promised him any kind of leniency at this point. the manafort lawyers tried to make the gates hasn't

been telling the whole truth to the mueller team. they prepped him for the stand more than 20 hours. gates says did he reveal to lawyers he had one extramarital affair. an affair that he says paul manafort knew about 10 years ago. so the manafort team asked told the feds about four affairs and when that lawyer asked that people in the courtroom gasped. the mueller team jumped up. they immediately objected and, gates, never answered. shep? >> shepard: peter doocy live at the courthouse. it's too close to call in two races that the could be big tests for the trump factor. in ohio, democrats are trying to flip a house seat that republicans have held for decades. and in kansas, the president defied his own party leaders backing a candidate who could help democrats pull off a red state upset. we'll look at what it could mean for the big election night fight less than three months from now. plus, a live look at the courthouse here in new york city where a sitting u.s. congressman has just been indicted and charged with

insider trading, among other things. his lawyers have led us to believe that they will come to the microphone and give us more details about their planned defense. we'll go live there should that happen. that's coming up. ♪ good bacteria. get four-in-one symptom defense. i wok(harmonica interrupts)ld... ...and told people about geico... (harmonica interrupts) how they could save 15% or more by... (harmonica interrupts) ...by just calling or going online to geico.com. (harmonica interrupts) (sighs and chuckles) sorry, are you gonna... (harmonica interrupts) everytime. geico. 15 minutes could save you 15% or more on car insurance.

>> shepard: it's not over yet. two major races still too close to call after last night's election. widely seen as taste of president trump's sway over voters just months before the mid terms. the president has already declared victory, though he wasn't running, in ohio's

special election. and though a recount is still possible. president trump's pick for congress troy balderson has a raise are score thin lead over his democratic owe opponent danny o'connor. republicans have held that house seat since the 1980s. going in they had a 7 point advantage in the district. in kansas last minute endorsement from president trump is said to have appeared to give him a boost to his preferred candidate in the g.o.p. primary for governor. whether that will be enough to push him over the line we don't yet know. some other key witness races are settled. combat veteran g.o.p. for senate. he will face off against the sitting democratic senator debbie stabenow. also in michigan a progressive candidate backed by bernie sanders lost and divisively so in the democratic primary for governor. in missouri, the stage is set for another crucial senate showdown. the republican secretary of state is to challenge the democratic senator claire mccaskill coming up in november. more now on those two cliff

hangers from last night in kansas and ohio. we have team fox coverage. dan springer live in topeka, first to kristin fisher who is live in columbus. hello, kristin. >> hey, shep, these two candidates are 1700 votes apart. thousands of provisional votes that need to be counted. if that margin shrinks to half a percentage point or less that would trigger an automatic recount in the state. now, the republicans that i have spoken to in ohio. they say that they think that this will not happen that a recount will not happen. they think balderson will win it outright but barely. they believe president trump's support is what pushed him over the edge. >> president trump come in. he did a rally in delaware county which was the key county last night. it put troy balderson over the edge and we won last night in that all important district. >> still a strong showing from democrat danny o'connor. he is within striking distance of winning a

district no democrat was won in 38 years. even if he ends up losing the special, he will likely have another chance in just three months. shep, these two candidates are going to be facing off again this november. >> shepard: kristin fisher in columbus. enough to the too close to call republican primary for governor in kansas. kris kobach says is he not waiting for the results and starting the campaign right now. at last check the associated press reported he leads the race by fewer than 200 votes and that it could take days to count the absentee ballots. president trump went against the advice of his own party leader and endorsed kobach the rival of the sitting republican governor. kobach has been a long supporter of the president but also one of the least popular politicians in all of kansas. analysts santa fe kobach wins the primary, democrats have a better chance of winning the general election come november. dan springer live in topeka. dan? >> shep with a tiny 191 vote lead, kris kobach knows that he cannot declare victor tri today there are still

between 10,000 and 2,000 provisional and mail-in ballots yet to be counted and they will change the final vote totals. at news conference earlier today kobach admitted the swing votes could swing over to his opponent. they must turn the voyeur fuss of the general election so he will begin campaigning. governor colyer says the state is too close to call. canvassing begins next week. the big question is when the canvassing begins next week will the loser ask for a recount. they certainly can and that would prolong this race even longer. >> shepard: getting a new report about what president trump and vladimir putin talked about in the closed door meetings in helsinki. but, guess where we are getting the report from? details and response tout white house coming. we haven't seen russia do this since the cold war. the atlantic ocean teeming with subs as the news rolls on on a wednesday afternoon. ♪ (vo) this is not a video game.

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it's the ultimate wifi experience. xfinity xfi, simple, easy, awesome. >> shepard: russian submarines are filling up the atlantic at a rate we haven't seen since the cold war. that's according to a top u.s. navy admiral who claimed that there is more activity below the ocean's surface than there has been in 25 years. expert on russia told fox news the bear is back. u.s.s. officials are concerned moscow may try to use their subs to tamper with under sea cables that connect the two con fin comments. the navy is expected to step up the presence in the atlantic because of this threat. reporters asked the defense secretary james mattis about the increased submarine activity yesterday. he said he's not concerned and that we always keep an eye on submarines at sea. russian president vladimir putin talked to president

trump about controlling nuclear weapons and banning weapons in space at their private summit in finland last month how do we know that? white house? no politico cry citing a released russian document because the white house won't say much of anything. the russian document reports that the white house refused to comment except to say that president trump did not receive any actual paperwork. of course, the white house can't tell us what the president and president putin talked about at the meeting only the two leaders and their interpreters were in that room and the secretary of state mike pompeo told congress the president's conversations with his cabinet about the summit should be kept private. trace gallagher with the news. is he live for us this afternoon. hey, trace. >> hey, shep, politico reviewed the translations of the document and what presidenpresident putin conveyeo president trump. surprisingly normal. in other words, despite rising tension over events in syria and ukraine, along with russia's meddling in

the 2016 election, the document shows that putin is willing to extend a series of landmark nuclear treaties and separately work towards agreeing on new ways to limit nuclear weapons. a source told politico that putin is in essence saying, quote: we want to get out of the dog house and engage on a broad range of security issues document reportedly includes the following extending the stark treaty that was signed in 2010 and expires in 2021. ban intermediate range nuclear missiles and keep weapons out of space. you will all remember that u.s. and russia we combine for 90% of the world's nuclear weapons. shep? >> shepard: was there anything in this report that suggested president trump might have agreed to any of this? >> none. garrett martine who was not in the meeting saying this was nothing more than a discussion adding, quoting here: there were no

commitments to undertake any action beyond agreement that both sides should continue discussions. the president did not receive any written proposals from president putin and the president did not provide any written proposals to president putin. now, even though conservative hawks and democrats have warned the president against trusting putin's suggestion on arms control, that subject is about the only part of the u.s.-russia relationship that has bipartisan support in congress that said, this document falls far short of answering questions. including any information on what the russian government meant last month when it said the two leaders had discussed, quote: cooperation in syria. shep? >> shepard: trace gallagher live for us. trace, thank you. ♪ >> shepard: just in to fox news, the state department is announcing that the united states will impose new sanctions against russia after moscow used a chemical weapon to try to as sass sin

nate a former spy back in britain back in march sergei cripple and his daughter -- scholarship pell i should say were found unconscious on a bench. they spent weeks in critical condition but both survive. britain accuses russia of poisoning them with a military grade nerve agent. mols co-has repeatedly denied any responsibility coming up president trump gave our allies a choice you are either with iran or the united states. some of our friends are calling his bluff. but, first, a solemn moment decades in the making. the family of a fallen american hero who died fighting in korea now has something by which they can remember him. entresto is a heart failure medicine that helps your heart... so you can keep on doing what you love.

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>> i'm lea gabrielle with a fox report and more of today's headlines. a gunman ambushed two police officers in new jersey as they sat in their unmarked car at a red right. the police chief in camden

county, east of philadelphia, says cops are looking for at least one suspect who fired up to 25 rounds. the officer is wounded but alive. meantime, winds whip up a fire natal toe at a factor in central england. this happened in derby sharier about a hundred miles north and west of london. it's a fire whirl it can happen with when cool air and hot air meet and create a funnel. farmers facing what could be australia's worst drought in 400 years. according to researchers at the university of melbourne. one farmer released some drone video of her cattle. can you see they are so thirsty they swarmed a truck of water as she arrived. she drives over a hour to get to water to keep her cows alive. we'll be right back.

>> shepard: topping the news at the bottom of the hour the family of a missing soldier who went missing during the korean war decades ago received his military dog tag today. defense officials presented the tag to two of the service member's sons in arlington, virginia, just

outside of d.c. north korean officials sent 55 boxes to the united states that they say hold the remains of american soldiers. the dog tag was in one of those boxes. one of the soldier's sons described the feeling the feeling when he got the call about it? >> this is a very mixed jumbled moment for us we didn't expect this. we had a few days suddenly we were contacted by the department of army and as i said we have found one dog tag and it's your father's. >> shepard: the other son larry giving officials a swab of his d.n.a. to help possibly identify his father's remains. the officials said it is possible his remains are not in any of the boxes. north korea sent the containers over after president trump met with the dictator kim jong un in singapore in june. white house correspondent kevin corke live in arlington where the news conference just ended. kevin? >> shepard, it's only the beginning. those 55 poxes about o 5 555 bog

cataloged and evaluated. it's a process that could provide important closure for potentially hundreds of american families. >> our goal is to get the d.n.a. samples taken and taken to dr. mcmahon's laboratory over the next month. and then it will be some months after that before we start to get results coming back. in but those d.n.a. results are going to play critical role in our assessment of how many individuals that we have. >> the press conference today, shepard, to be blunt, was at times instructive. it was emotional. even joyful. as the grateful nation continues to do all it can to bring home its fallen. >> the fact that the united states of america vigorously pursues the fullest possible accounting of our missing defines us as a nation it remains a high priority of the department of defense not just in resources but also in the resonant

commitment that those we sent off in harm's way will not be forgotten and their families will receive resolution to their decades of uncertainty. >> we can certainly hope that that d.n.a. sample provides closure for the mcdaniel family. we will be watching that very carefully. shepard back to you. >> shepard: kevin corke live for us. tense times for our allies saudi arabia and canada are locked in a nasty dispute over human rights and the diplomatic brawl is heating up. first, the saudi's booted the canadian ambassador and then trade deals started to break down and now there is word saudi arabia is going to pull saudi patients out of canadian hospitals. this all started when canadian officials called the saudi government to immediately we lease women rights activists from behind bars. the eu's foreign policy chief is asking europeans to ignore president trump's demands involving iran and to do the opposite of what the president said. yesterday, the trump

administration restored sanctions against iran and officially ended the u.s. participation in the worldwide nuclear deal. the president warned our allies in a tweet that anyone doing business with the country will not be doing business with the united states. but the eu is calling for companies to increase their business dealings with iran. secretary of state mike pompeo tweeted today the regime in iran is at odds with world peace. we urge our allies and partners to join the united states and deny iran's leadership the funds to oppress the iranian people and to foment terrorism around the world. let's turn to heather conley now, former special assistant at the state department. she is director of the europe program at the center for economic and international studies. good to see you. >> great to be with you. >> shepard: this is kind of a mess. what are the europeans doing? >> actually, the eu has insite add blocking statute. they did this in 1996, actually, when the clinton administration imposed

sanctions against cuba, libya and iran. basically what it does is it provides damages to european companies that will be impacted by the secondary sanctions. and it also no phis the companies and individuals can't comply with it they can seek exceptions. the fact of the matter is european companies are going to have to choose between their markets in the united states and working with american financial institutions or iran. and european companies are going to charge the larger market which is the u.s. while this does sound very tough and the european union wants to remain in the jcpa european companies are going to follow their economic interests and they really won't be able to really crack down on them. >> shepard: heather, new sanctions just announced a short time ago by the state department. it's early on in this. it was regarding that double agent whom the prince accused the russians of

murder. attempted murder because he did survive. >> this is a very serious case where the russians used a nerve agent on nato territory. this is a very serious matter. if you will recall, the united states expelled 60 russian diplomats over 20 countries joined in those expulsions expelling 100 russian diplomats this is a surprise from the state department announcing potentially more serious sanctions based on the use of the nerve agent. as you will recall mr. skripal and his daughter did survive the attack but recently there was a death, actually a remnant of where we believe the nerve agent was used. britain was killed. this is extremely serious. it demonstrates that russia could use chemical weapons on nato territory. i'm glad the state department responded so strongly. this is a dangerous development.

>> shepard: in part of the statement, the russian government has denied. this the united states determined under the chemical and biological war fairs elimination act that the government of the russian federation was used chemical or in violation of and used lethal chemical weapons against its own nationals that from the state department spokesman and former fox news heather nauert. using weapons of mass destruction on nato soil, we are getting very close there to everybody having to stick together. aren't we? >> you are absolutely right. this is what makes nato's job so important. when we have russia illegal territory invading other countries, using disinformation. malign influence. this is very, very serious. and it requires strong we solve. we need europe to do more. focus on defense spending. this is where all 29 nato countries need to remain very united because this is getting more aggressive.

more risks are being taken and the stakes are getting very high. >> shepard: heather conley, thanks, heather, appreciate it? >> thank you. >> shepard: there is word tesla elon musk could get his company into trouble after he announced he is considering taking his company private that means shareholders would no longer trade tesla stock on the open market. the potential problem is that he i his wording must used in the announcement. considering taking tesla private at $420 a share. funding secured. critics say it's not clear if tesla does, in fact, have the funding secured. look at tesla trading on the day. it really jumped on that news yesterday. it's off about 1 .75% on the session at $372.85. our friend gerri willis is here. >> good morning. >> shepard: have you been working the morning hours. >> i didn't get to see you. up 11%.

sharp spike. elon musk must have 20 million twitter followers. like a broadcast horn you couldn't have gotten to more people if you tried. here's the problem. he said the deal is done. you can't do that under the terms of securities law as the officer of a public company you can't say something that you know will boost the price of your stock, your stock you own 20% of. you know the information is not true. is he going to have to put up or shut up. funding secured. that means funding has already been put together? we haven't seen anything. there is no filing at the fcc. fcc is mum, saying nothing. this is a big problem. one source telling me hey, this would be the ceos waterloo. he could lose his job. he could go to jail. now do i know whether any of that is going to happen or not? i do the no. i think he was probably not trying to minut membership manie

stock price. >> shepard: but it didn't. it went up 11%. >> here is what he told his employees, as a public company we are subject to wild swings and our stock price can be a major distraction for everyone working at tesla all of whom are shareholders. being public puts enormous pressure on tesla make decisions right for the a given quarter but not for the long term. finally as the shortest stock of the being public large numbers of people who have the incentive to attack the company and that's exactly what's been going on. i think this is why he did. this wanted to get back at short sellers by reducing that big stock price big financial trouble. is he going to say that wasn't my intent. but, really going to have to watch this because as one attorney has been quoted assaying this is christmas in august for plaintiff's attorneys. >> shepard: all right. as far as i know. oh no tesla. see what happens. >> probably in your

retirement fund. >> shepard: i don't know. >> a lot of us own tesla in that way. >> shepard: great to see you. thank you. >> great to see you. >> shepard: could it be we have all had enough of social media the tweets and status updates?

>> shepard: snapchat reports it's losing users for the first time since it went public early last year. really its earnings were really good. facebook reporting a similar downward trend well i should say here full disclosure facebook and have a facebook watch solely responsible for content and none of their business. susan lee is here. so user numbers are down. >> they are. twitter also lost a million users in the seconds quarter as well. and this is people thinking have we hit peak social media? are we tired of oversharing. sharing too many cat photos. this has the market looking at snap's number closely. nap lost 3 million users second quarter three months march to june and they said this time, the time that he would are in it's not going

to get any better. weakest time of year for them and they prepared us that they might even see less use on snap which is a disappearing messaging app. couple that with what happened with facebook and then twitter and i spoke to a few analysts and experts in the field there has been a lot of bad headlines up there that have people turning ai think that includes privacy issues. cambridge analytica, and then we have the russia hacking in 2016 and the election votes and then it has questions, also, about fake accounts and, yeah, misinformation. so that has people thinking why am i even on this. >> shepard: they are not turning away from all social media? >> no. they are using what's app. what's app. just crossed 1.5 billion monthly users. stain gram has 1 billion accounts. youtube 1.8 billion monthly people that go on the website to actually watch some of the videos that they have on. let's put these in perspective. facebook lost a million users in europe. they are not growing in the u.s. or carntiond. 2.3 billion people still go

on facebook each and every month. >> shepard: not really kids though, right? my niece and nephew they don't open it. >> no. i think snap is more for the younger audience, the teenagers. but, you know, there are studies out there if you use social media less, you are less prone to depression. that's a note for you. good for your health. mental health. >> shepard: i don't too evil. >> you don't want people to know where you are. >> shepard: i don't need to share with you. i will tell you exactly where i'm going because you're my friend and not anyone else and can't have my data and get of a my lawn. right? >> i got it. i will remember next time. >> shepard: watch for you on the biz. ever check out fox business network? you should it's right up the dial. susan is there, gerri is there all great. half a dozen schools announcing they will be closing early, kids send your thank you notes to beyonce. plus, hauer the folks in charge of the oscars are trying to spice up the show with a brand new category.

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>> shepard: this is a live look in new york city at the courthouse. that's congressman chris collins who is getting into that vehicle. one heck of a media sacrum happened there. you know, he had just been charged with numerous counts, including insider trading. we're waiting to hear about bond. we are expecting his attorneys to speak. congressman lewis, i want to show you what happened just a moment ago as he came out of the building. we had -- you can hear the reporters come running because the congressman is on his way out. whwe had been given a heads up that the lawyers might hold a news conference because they had told us earlier, actually, stand by for a lot

more information later. listen here. so that's it. now the camera will come off the tripod and try to track them all down. back to the live pictures now and can you see our camera is making its way back to position and the thinking was that the lawyers would hold a mini news conference. remember, the congressman, as the story goes from the prosecutors, they have digital trails and emails and text messages and phone calls that suggest that while the congressman was the biggest shareholder in the company and on the board, he got a call from the main guy at the company saying hey, this big drug that all of our stock price is based on, it just failed in clinical trials. and we're done. that's it. so, according to prosecutors, within one minute the congressman started trying to call his family members, particularly his son. made six calls to the son before he finally got in touch with him. the son then sold off some of his stock in the company.

he told others. other family members sold off stock. other friends were involved in this. that is classic insider trading and, if convicted, he could be in very, very big trouble. but despite the digital trail and the phone trail and the email trail, the congressman's lawyers say that he is not guilty and they will vigorously defend him against all the charges. they have just come out of courthouse, after the hearing happened today, after the charging, and now our emily compagno, who is a former federal attorney and former criminal defense attorney is with us. the charges here are really, it is just -- i if can be proved what a pile of stupidity to get a phone call and start calling your family with insider information if true. >> it is pretty remarkable. especially considering the congressman was at the time under an ethics investigation by congress. i want to point out a couple

things for our viewers as well here that while his attorneys have already stated look, he didn't sell any shares, that's not what the government is alleging. he, as a board of directors member violated trust and confidence when he shared the drug trial results with his son and his son's fiancee's father. and note that the indictment report talks about an additional six con spirit tores. unnamed but does include his son's fiance or now wife. i also want to point out the fact that lying to the fbi carries with it the same penalty as conspiracy to commit sec fraud. now all of these three gentlemen are also currently being sued by the sec for charges voluming this entire debacle. it has taken over a year for the government to explore this relatively simple and you could argue based on what we know slam dunk case. so i just want to point out for our viewers that the volume of information and evidence that is still collected that the amount of

t's crossed and i's dotted by the government is always considerable. >> shepard: we watched the news conference here today in our newsroom earlier. it was astounding the specificity which was delivered. the congressman, congressman collins is not only at a government function, he's in the white house yard when this happened. he gets a phone call from the guy at the company going hey, we're done. and while in the white house yard, it is alleged by prosecutors, congressman collins began calling his family members. couldn't get through initially there were five no answers. and then a phone call and then a flurry of calls. and then the next day sales start and then the next day there are more. and then finally, the company gives notice to the public that the clinical trials of the drug, the only real big drug in their pipeline failed, and the stock went down 92%. this saved members of his family according to the prosecutors 800,000 bucks. >> exactly.

and notice, too, the relatively minimal amount that the spirits are alleged to have saved. 10,000 at a time. 50,000 at a time. obviously that's a lot of money. in terms of the prosecutorial resources spent edges pending on this and their losses relative to, for example, the congressman's losses of millions, it's a small amount. so it goes to show how seriously the government takes. this note, too: his son is 25 years old. they are all facing count upon count of 20-year penalty charges. and so i think the opportunity here for squeezing by the government for pressure upon them for one of them, especially the son, to slip or provide material information is considerable here. steve: you know, this all happened on june the 22nd. this is the chart that they showed in the courtroom or in the news conference today. on exhibit. june the 22nd, 2017, representative collins notified that the drug trial failed. that was some time between 6:55 and 7:10. he realized he had gotten it and then he started making

phone calls. that same day, seven phone contacts with cammeron collins, that's the son between 7:11 and 7:16 p.m. now the same day, cammeron collins drives to somebody else's house. and the wife called their broker at 9:34. so they just found out by 7:00. two and a half hours later they're calling a broker. the next day, june the 23rd and june the 26th, these players and coconspirato coconss sell their shares. it wasn't until it was announced to the public after the new york market fell and that's when the bottom fell out of the stock went down 92%. again he was already under ethics investigation and we will be watching this as the case moves forward. some breaking news in this hour. weave know that the sec. securities and exchange commission now looking into tesla. we know that the governor in virginia has just declared a state of emergency in charlottesville in anticipation of events that

are upcoming marking one year since the white supremacy march there that ended in one person's death. "your world" with cavuto coming up. maria bartiromo is in. i will see you back here tomorrow. >> look who is slamming new sanctions anyone trump administration determined russia used nerve agent and where is all this going? we have the very latest. first, while everybody's focussed on the races where there are no clear winners at this hour, how about where there was one clear loser. democratic socialism. good afternoon, thank you for joining us. this is "your world." she may be the new star of the democratic party but