>> it's a different mind control. >> dana: it's a pleasure to have you here. good luck on ninja warrior. we'll follow you here at "the daily briefing." thanks for joining us. i'll see you on "the five." i'm dana perino. here's shep. >> shepard: it's 3:00 on the east coast. 1:00 p.m. many colorado where the suspect in yesterday's deadly school shooting are set to face a judge as we learn about the survivors and the students that tried to tackle one of the attackers. and a plan to let debt collectors sent you unlimited e-mails and unlimited text messages, but limit to how often they can call you. does that sound like a good trade off to you? also, the feds say american women are now more likely to i do in child birth. most of the deaths are preventible researchers say. the reporting begins now.

our reporting begins with the battle with the trump administration and the democrats over the constitution. the president exerting executive privilege for getting the full mueller, the unredacted and complete report given to the attorney general as well as the underlying evidence gathered in the russia investigation. the white house making the announcement as the house judiciary commissioner jerry nadler was gavelling in a session on holding the attorney general william barr in contempt of the congress. chairman nadler saying president trump's latest move is a clear sign of the president's blanket defiance of congress' constitutional duties. throughout the day, democrats and republicans have gone back and forth over the special counsel robert mueller's russia investigation. >> no person and certainly not the top law enforcement officer in the country can be permitted to flout the will of congress and to defy a valid subpoena.

no person, not the attorney general, not the president can be permitted to be above the law. >> democrats have no plan, no purpose and no viable legislative agenda beyond attacking this administration. >> if it wasn't for him being president, he would be in prison with michael cohen and he obstructed justice as the mueller report says is so, we are in danger and we need to respond and act for the people of the united states of america. >> it's all about trying to destroy bill barr. democrats are nervous that he's going to get to the bottom of everything. he's going to find out how and why this started in the first place. >> democrats have weapon iced our critical oversight responsibility. moving today, to hold the a.g. in contempt is not only unwarranted, it is shameful. i think we believe the american people deserve better. >> this collision is the definition of a constitutional crisis.

the breadth of this obstruction is beyond anything in our nation's history. >> shepard: if the committee votes to hold bar in contempt, it will be up to all lawmakers in the house. if they hold barr in contempt, it will be only the second time in american history that the attorney general faces this kind of legal trouble. president trump's latest move against house democrats signals a growing fight between the executive and legislative branches over the constitution that if not expedited could take years for courts to resolve. democrats want the full mueller. the full report and testimony from the special counsel, plus the testimony of the former white house counsel, don mcgahn. catherine herridge reporting live on capitol hill. catherine? >> the debate has resumed in the last 15 minutes. what we anticipate is two more amendments and then the final vote what we heard from republicans today is they say the justice department has negotiated in good faith with

house democrats and recent days they have offered broader access to the records and the underlying documents. they say the attorney general can't get beyond this issue of the grand jury material, which would require a court order in order to share with congress. the democrats have said consistently that that is the grand jury information is a side issue and the larger issue is about obstructing independent oversight. >> i can only conclude the president now seeks to take a wrecking ball to the constitution of the united states of america. >> by citing the attorney general of the united states for contempt of congress, we're saying i'm standing up for the law, i am not going to break the law by complying with that part of your subpoena shows an overreach on the part of the majority. >> of key for republicans, they say democrats are not liking the

findings of the special counsel on collusion, so conspiracy between trump campaign officials and russian government officials and they don't like the outcome on obstruction that was decided by the attorney general and the deputy attorney general. but democrats say it's about something much different that when you read the mueller report and you specifically look at volume 2, the obstruction evidence is strong. >> in is not a witch hunt. if it looks like a duck, walks like a duck and quacks like a duck, it's a duck. if it looks like obstruction, sounds like obstruction, smells like obstruction, it's obstruction. >> this is not about seeking the truth as we heard this morning. it's about raw partisan politics. our democrat colleagues have weaponized our critical oversight responsibility. >> so we're expecting a vote on the contempt resolution sometime in the next hour or so, shep. the general view is that it will

pass along party lines. and then it goes to the house leadership and they have to decide whether to proceed and under what circumstances and the timing. so will it be a criminal, civil or inherent contempt, which is enforced by the house. the bottom line is that it's shaping up to be a legal, a court fight that will continue into the 2020 election, shep. >> shepard: thanks, catherine. legal analysis coming up minutes from now on the contempt vote in the house committee and the president exerting executive privilege over the mueller report. that is on the run down at the bottom of the hour. first, when two gunmen stormed a high school in highlands ranch colorado in denver, some students fought back. among them, a united states marine recruit. his name is brendon bailey. the marines say the young recruit helped save his fellow classmates when the suspects came into his classroom. bailey's father told "the new

york times," when one team pulled a gun from a guitar case, his son jumped up with others to try to tackle the suspect. some of the other hero students were apparently shot including this senior who died trying to save students. kendrick ask a castillo was a member of the school's robotics team set to graduate days from now, a witness told nbc news as classmates and students ran for cover, kendrick stepped up and lunged at the suspects. classmates calling their actions to protect other students incredible. >> you can imagine yourself in that situation. everyone wants to say that hey, i'll stand up. take a bullet for the rest of the class. actually doing it the truly incredible. >> definitely shows you the difference between good and evil in that moment. >> shepard: the two suspects are set to appear in court minutes from now. alicia acuna reporting live on scene in highlands ranch,

colorado. alicia? >> shep, this will be an advisement hearing for the two suspects. the douglas county sheriff says they're also students of the same school. the sheriff says deputies from a substation nearby arrived within two minutes yesterday and could hear the gun shots as they ran into the school. investigators say there was a struggle and then the two shooters were taken into custody. law enforcement teams have been searching the suspects' homes and a vehicle. the house has disturbing graffiti covering it. the sheriff says he will not discuss a motive. >> we know pistols were used in this assault. the number of weapons at the school, we won't release that. there was two hand guns. i'll tell you that at this point. >> nine students were shot. eight injured, one killed.

18-year-old kendrick castillo was three days away from graduation. >> i know you have an obligation to put out a picture but soon, very soon, let us move passed focusing on the identity of the suspects and their images and focus instead on the innocent victims. >> and those suspects will be in court at the bottom of the hour. shep? >> shepard: thank you. pentagon officials say they will not be able to bring back the remains of u.s. soldiers killed in the korean war. not for the time being. why they say north korea is not holding up its end of that agreement. first, new threats from iran's president about his country's nuclear program and the state department calling it an attempt to hold the world hostage.

tensions rising in the middle east. our reporting continues on this wednesday afternoon. let's see, aleve is proven better on pain than tylenol extra strength. and last longer with fewer pills. so why am i still thinking about this? i'll take aleve. aleve. proven better on pain.

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it is the people that is really the only asset that you have. put your employees on a path to financial wellness with prudential. bring your challenges. >> shepard: just in, this is new video from the pentagon shot by the pentagon. the first b-52 bombers departing for the middle east. the white house sending an aircraft carrier and support ships and jets as a show of force against the iranians. they cite a new credible threat as the white house puts it from iran. also this past hour, the trump administration hitting iran with new sanctions. the latest action and a fresh round of tension between washington and tehran. today iran's president announced that nation will no longer honor parts of the nuclear deal that it signed with the united states and other countries and agained to start producing more highly enriched uranium.

all of this exactly a year after president trump announced the united states was withdrawing from that very nuclear agreement. mike pompeo made an unannounced visit to iraq yesterday after the u.s. deployed a fleet of warships and bombers to the region. rich edson reporting live this afternoon from the state department. rich? >> shep, the state department says they will work to deny iran all paths to a nuclear weapon as the secretary of state is traveling in the united kingdom. he's meeting with british officials and says iran's announcement is just another threat from iran that this happens a lot with iran. they'll make threats and the united states will follow-through and monitor the situation as it goes. britain's foreign secretary jeremy hunt said if iran breaks the deal, there will be consequences in terms of how european powers react. what the iranians want, they

want the european governments still part of the nuclear deal, they want them to help them, the iranians circumvent american sanctions. the u.s. put sanctions back on the iranian government. they are looking for a path around it and expect the british and germans to help, shep. >> shepard: rich, the rhetoric continues to escalate. a new warning for iran today. the chairman of the joint chiefs of staff speaking at a senate committee said the united states warned iran last week about the intelligence that it had gotten about the iranian threat. that eventually led to united states to announce they were deploying a carrier strike group to the persian gulf. >> we sent messages friday to make sure it was clear to iran that we recognize the threat and postured to respond. the lincoln would have made its way to the gulf. what i asked was to accelerate

the movement. >> patrick shanahan said the president received credible information about the threat. the administration has refused to share details about what the threat is or was. shep? >> shepard: rich edson live. thousands of american families whose loved ones never came home from war in korea will have to wait longer for possible closure. pentagon officials say they're suspending talks with north korea and recovering remains about missing soldiers because they haven't heard from pyongyang in months. jennifer griffin has more. >> this was one of the key pledges and key achievement to come out of the first summit with kim jong-un in singapore last june. the pentagon suspended talks about recovering more remains of missing american soldiers from the korean war. the remains of 5,000 americans are thought to be located in

north korea. in a ceremony presided over by vice president mike pence after the first summit, north korea returned 55 boxes of what they claimed to be human remains. only three americans have been identified. that was a lot of fanfare. a spokesman confirmed to us the decision to halt talks about the missing americans in an e-mail to fox news. >> fox news first reported in february the freeze and discussions with north korea as pentagon officials accused of the regime of dragging their feet after only one delivery of

remains. the trump administration has said it was an accomplishment. sarah sanders said we're not seei seeing missiles being tested. now the remains are coming home. those talks are now off. >> soon we could be getting messages from debt collectors. there's a proposed new rule that would expand and limit how they can contact you. plus, tomatoes might be getting a lot more expensive. why a trade spat could force prices to spike. are you a veteran, own a home, and need cash? you should know about the newday va home loan for veterans. the newday va loan lets you refinance your mortgages, consolidate your credit card debt, put cash in the bank and lower your payments over 600 dollars a month. it lets you borrow up to 100 percent of your home's value. not just 80 percent like other loans.

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on social media. the feds have proposed new rules that would let debt collectors send unlimited amount of messages. it would limit the number of phone calls they're allowed to make. the consumer financial protection bureau reports that the new rules would cut down on the number of phone calls but critics say this is harassment either way. gillian turner reporting live. what else do we know about this rule? >> the powerful debt collection industry is set to gain new super powers. they're considering new rules that would give debt collectors a green light to send americans unlimited amounts of texts and e-mails but this in exchange for tamping down on unsolicited robo calls. this is meant to look out for american consumers and they say the main purpose of the new rule is to limit debt collectors to

seven calls per week per person. the new rule sounds like a deal with the devil. the national consumer law center is calling it a victory for debt collectors. writing "we're horrified that the proposed rule will authorize harassment of consumers through e-mails and texts." seven calls a week is tomorrow combined with unlimited e-mails and taxes, a student with eight loans could receive 56 calls a week. she said they have clear rules of the road where consumers know their rights and collectors know their limitations. the cfbf moves to modernize debt collection, we're keenly interested in hearing all views, shep. >> shepard: and they can flood your social media. >> they can. for decades debt collection agencies have relied on land lines and cell phone and the u.s. mail.

but they're growing craftier, finding ways to get to social media accounts. right now debt collectors are allowed to contact americans on linkedin, facebook and messages apps like what's app. but the new rule would allow this to continue as long as debt collectors messages are not viewable by third parties. it's time for a legislative fix. the rule was written 40 years ago. >> shepard: thanks, gillian. the price of tomatoes could jump 85% this winter because the trump administration is slapping a 17.5 tariff on mexico. the shoppers will pay the price and could cost shortages.

farmers in florida seas this is long overdo and will let them ramp up production. trump administration officials say mexico dumps tomatoes on the u.s. market. >> that's right. they're saying they're dumping and hurting our farmers here at home. you walk into a grocery store in maryland and vine ripe tomatoes are $2.49. now you could pace $4 a pound because of shortages. what happened here is in 2013, the commerce department has suspended now, terminated the suspension of an agreement that was made in 2013. so what this does, the rule allows the u.s. to reimpose the tariff on mexican tomatoes because the commercial department determined that they were hurting our farmers. now they can get back into the tomato business. the commerce department has restarted negotiations now with

mexico to try to work this out. they have restarted the anti-dumping investigation. >> shepard: what about trade talks with china? where are they? >> if you asked me last week, i would say they're on the way to a deal. now it looks like they're collapsing. the chinese are back-pedalling. it all depends on what happens tomorrow when the trade delegation comes to the united states to see if they can work out a deal. they're at a cross roads here. china has walked back every concession that they have made across multiple sections of this agreement, including binding language that comes talking about the enforcement of this deal. something the u.s. said that has to be in the deal. the while house saying that they are optimistic. listen. >> we've gotten indications that they want a deal. our teams are in continued negotiations. they're in a sit-down tomorrow. we'll see what happens from there. >> those comments did move the market up. the treasury secretary said what

has to happen now, china needs to put back in the concessions and move forward with the 10% left on this deal and negotiate in good faith. >> shepard: thanks, edward. the u.s. navy is preparing to send a hospital shop to help refugees in venezuela. that's the word from vice president pence. he says millions of venezuelans have overwhelmed neighboring countries and the rising desperation in venezuela has fueled a mass exodus, the likes of which we have never seen in the western hemispheres. people are desperate to get away from the hunger and poverty at home. ellison basher is there covering the dangerous trek. she's reporting live in a seaside town. ellison? >> shepard, the u.n. says this

region has the highest concentration, one of the highest of venezuelan migrants and refugees in columbia. this area, the area we're in, this park is where some venezuelan immigrants sleep. you can see right up here in this tree, there's cardboard, a mattress. this is where they store their beds. they put them in the tree and hopefully find some sort of work to make money and come back and take their beds out of the tree and sleep here. we saw a little girl here. this family back here, they tell me that they have seven children. one grandchild. the mom and dad sleep here every night. they say it's scary. there are at least 30 families according to the people here that sleep in this park every night. they say they do it because they have no other choice.

whether it's been here, whether at the refugee camp or a little further south at the border, the migrants that we have spoken to say that they need help. we have talked to many venezuelans here in columbia in this past week. so far only one person has told me that the u.s. military should get involved here. many say they want -- they need humanitarian help. >> taking a tumor away will cause blood to be spilled. it could be my own blood, i don't care. there's no future with this government. we say it for our children's future but i'm also as live. i was an athlete. i had a good profession. now i don't have anything. >> i was in the sixth grade. how can i study if i can't eat? i could faint because it'sn't eating. there wasn't any light, there wasn't any water. >> we don't eat. there's nothing to eat.

we can only eat lentils and very few. at this moment, i ask for help, help for my family so they don't stay like this. that's all i ask. >> when i've asked venezuelan migrants whether or not they support maduro or guaido, they rarely give a direct answer. instead they talk about food and wanting to feed their children. they don't name the name of politicians. they name the names of their children. they say they want change, they want freedom and they don't they have freedom or opportunities in venezuela. shepard. >> shepard: ellison barber live. thank you. ahead, president trump moments away from leaving the white house for a trip to the florida panhandle. he's going to check on hurricane recovery there. often along the way he takes questions, a few possible ones today. contempt of congress for the attorney general and what about "the new york times" blockbuster report on your taxes?

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you may have always imagined your dream car as something fast. then one day you decide it just needs to be safe enough to get her to college and back. principal. we can help you plan for that. >> shepard: breaking news now. the two school shooting suspects in colorado will appear in just a moment. the judge will beside whether to remove the cameras before the hearing. one of the suspects a juvenile. we'll let you know what happens in court. breaking news. president trump set to leave for florida to visit the hurricane michael residents. judge andrew napolitano is here. the issue today front and center

is this vote coming on whether to hold bar in contempt of the congress. >> it's a recommendation for the full house. it will be the recommendation along party lines and the house of representatives will follow up on it. for the attorney general, i don't know where his licensed as a lawyer, it would impair his right to practice law there. i don't think that is troubling for him. in reality, it's a foot note. they feel they have to do it. >> shepard: checking boxes on route to the bigger goal, which is the full mueller report, testimony from robert mueller and testimony from don mcgahn, the former white house counsel. >> so the president after initially saying bob mueller can testify, last weekend changed his mind. if he and the attorney general have said under oath three times

bob mueller can testify. so we don't know if it's come down the chain of command, don't tough. if he has, he's an employee of the federal government and he would comply with the lawful orders of those superior to him. on the other hand, he said his work is over. he could resign his job as special counsel tonight and walk into the house judiciary committee tomorrow morning and give tomorrow and there would be no way to stop him short of the president getting a cord courter, which would be very difficult for him to get. >> shepard: reporting the full mueller report, how difficult will that be? >> the president has claimed executive privilege on the redacted part, which is unusual. neither the president or his lawyers have seen the redacted parts. it's likely much of what is redacted doesn't pertain to communications with the respect. executive privilege protects communications that the president has with his senior advisers and senior members of

the government. so if the redacted material is not in that category, it's not even covered by executive privilege. >> shepard: why would the public not get to hear from the man the public hired to do an investigation? >> that is a great question. that's one of the reasons i believe that ultimately bob mueller will testify. because there is such a substantial public interest. candidately on both sides of the aisle to hear his testimony. he issued a 448 page report. you're talking about days and days of testimony about what went into the makeup of that report. >> and laid out ten instances of obstruction of justice that would land him in prison where he anyone else. >> 700 former federal prosecutors, republicans and democrats have said the same thing. that number keeps growing. >> shepard: the one other matter is the testimony of don mcgahn.

he cited more than anybody else. >> yes. >> shepard: they want testimony from don mcgahn, which is also being resisted. >> so don mcgahn was the chief lawyer for the presidency. general counsel to the white house. he's clearly within the category of people that would be protected by executive privilege. the communications he has with the president, whether spoken or written, if the president makes the claim, those communications are protected unless the president failed to make that claim with those not in the protected group. so when the president said to don mcgahn, you can go talk to the fbi and to mueller. mueller and his fbi agents and prosecutors interrogated mcgahn for 30 hours, the subject matters of those interrogations the president has waived executive privilege on. >> shepard: so in your mind we're going to hear from mueller and mcgahn.

>> yes. he said i have to redact this. give it to a judge. you're, you tell us what to do. in my opinion knowing this judge, she will say give them the report. >> shepard: they make the grand jury argument as if there's something that you can never touch, which isn't true. all you have to do is get permission. >> you have to demonstration to a judge in the public interest knowing what the investigators found is a greater interest in the privacy rights than those named mentioned in front of the grand jury no a routine process. not extra judicial. >> it's routinely decided in the favor of the public interest. >> shepard: thanks, judge. happy wednesday. >> thanks. >> shepard: get this. from the mid 1980s to the mid 90s, president trump lost more than a billion dollars in real estate. $1.17 billion over ten years. on average, that is a $360,000

loss every day. or $13,000 loss every hour of every day for ten years. the reporting is extraordinary and from "the new york times." they broke the news after detailing the president's taxes. not his returns but printouts that summarize them. the paper reports during that decade the president and i'm quoting now "appears to have lost more money than nearly any other individual american taxpayer." to this, the president responded in a tweet today. writing that real estate developers reported tax losses for tax purposes. the result for eight of the ten years mr. trump paid no federal income tax at all. john roberts reporting live from the north lawn. john? >> shep, we should point out the president just left the white house aboard marine one. he did not stop to spoke about this. so we were not able to ask him any questions about it.

"the new york times" says they do not get any access to the president's actual tax returns. they were given the information that was in the database regarding those turns from someone that had access to them. they found between the years 1985 and 1994, the president's core businesses lost a total of $1.17 billion as you pointed out. as a result of the losses, the president avoided paying taxes for eight of ten years. the times says in two particularly bad years, in 1990, 91, trump businesses lost $250 million a year. all of this occurred around the time the president published "the art of the deal." the president responding to the times article saying real estate developers in the 1980s and 1990s, more than 30 years ago, were entitled to massive write offs and depreciations that

showed losses in almost all cases. you always wanted losses. almost all role state developers did and renegotiated with banks. the president said it was sport. additionally, the very old information put out is a highly inaccurate fake news hit jock. the idea of the president losing money and using that to write down his taxes is not new. he talked about it in 2016 during the second presidential debate when he was asked about a nearly $1 billion loss that he wrote down in 1995. listen here. >> did you use that $960 million loss to avoid paying personal federal income taxes. >> of course i do. a lot of my write off was appreciation that hillary as a senator allowed. i understand the tax code better than anybody that runs for president. i pay taxes too. a lot of it is depreciation, which is a wonderful charge. i love depreciation.

>> the time period in question, 1985 to 1994 is not the time period that congress wants to see. that would be for the past six years of tax returns. democrats did have a feel day with this today. nancy pelosi was asked whether the information contained in the times article revealed anything new to her about the president. listen here. >> nothing new. nothing new. is the president of the united states going to try to get some work done with him. it does tell us though that it would be useful to see his tax returns as the law says. >> the treasury department continues to refuse to hand over the president's tax returns for the past six years for the house ways and means committee. all of this could end up in court. we'll see. >> john roberts live at the white house. thank you. the feds say more american women are dieing from pregnancy and

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>> shepard: american women today are 50% more likely to die in

childbirth than their mothers were. that's court to a harvard medical school obstetrician after two new reports on pregnancy deaths in the united states. the centers for disease control and prevention released one report indicating more women are dying before, during and after having a baby and the risk may have a lot to do with race. laura ingle reporting live in our newsroom. laura? >> shep, the statistics show black women and native americans and alaskans are more likely to die a year after having a baby than a wait woman. 3,000 deaths were look at between 2011 and 2015 and looked at 250 deaths in that same frame. out of the 700 women that died, 3 if 5 deaths could be prevented

and one in three deaths occurred a week after delivery. a web of missed opportunities is mostly to blame according to the report. other leading causes include infections and severe bleeding and medical experts say many more are avoidable factors. >> the c section rate has gone up about 500% from the last generation till now. you know, sometimes those surgeries are life saving. when people get hurt in healthcare, they get hurt in two ways. we do too little too late and too much too soon. c sections are a too soon problem. >> the report cites access to care when a diagnose is missed or delayed and not recognizing warning signs of death. the cdc putting out expectation-for new moms. expectant moms need to speak up

and let their healthcare provider know about symptoms or complications. the cdc report outlining that recommendation every step of the way for preventing pregnancy related deaths. also just in, new jersey's governor taking pro active steps today signing four bills into law designed to improve maternal healthcare. the democrat governor signed the measures that include providing medicare to cover dulas and more for those on medicaid. >> shepard: thanks, laura. a great grandmother visiting walt disney world arrested for having cbd oil in her back. you can also buy it off of convenience stores there in central florida very near the happiest place on earth. but possessing cbd oil there is a felony. what is up with that, florida? that's next. if you're a veteran homeowner who needs cash,

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>> shepard: want to see the world's most effective security? a man open as screen door and is greeted by a snake that bit him in the face. he's okay. the snake is not venomous. a great grandma arrested at disney world for having cbd oil. it's illegal to possess it without a prescription. the 69-year-old says she uses it for arthritis and had a doctor's note. trace gallagher has more. trace? >> shep, when hester got to one of the bag check points at disney world, she told the security agent there's a bottle of cbd oil and a doctor's note.

the bottle said it contains zero grams of thc. the security agent told a deputy that was moonlighting at disney. he tested it and turned up positive. she was arrested for a felony, held for 12 hours and finally released on a $2,000 bond. here's what she told fox 35 orlando. watch. >> i didn't know what to say. i couldn't understand it. i felt like i didn't do anything wrong. i didn't know. i never had but one speeding ticket in my life. i've never been in a jail house. >> the d.a. dropped the charges, but the orange county sheriff's department said it was a lawful arrest and deputies are responsible for enforcing the law. the sheriff's office is acknowledging that they have bigger fish to fry. we should note the state of florida is trying to get a law passed to regulate cbd but the governor has yet to sign it.

>> shepard: thanks, trace. a quick check of the markets as the final bell rings on wall street. it went below water. neil cavuto will have the reporting on "your world" starting now. >> all right. deal or no deal? president trump signals the united states may be on the brink of a deal with china. trade talks are supposed to resume tomorrow. china says they're ready to retaliate if the u.s. hikes tariffs on $200 billion of chinese goods at 12:01 friday morning. wall street is more optimistic than yesterday. not all the is dotted on ts crossed. it's looking that way. that follow as 500 point plunk. hope springs eternal that they can right themselves. welcome, this is "your world." i'm neil cavuto. reuters repor