don't think anybody is going to turn on him because their forks are so tied. >> pelosi is betting the more comes out their fortunes will change. >> dana: thanks. our fortunes are good. i'm dana perino. here's shep. >> shepard: white house officials were apparently so deeply disturbed by president trump's phone call with the ukraine's president there they tried to lock down evidence of the conversation. that's according to a whistle-blower's complaint which is now public. during the july phone call, president trump asked the leader to investigate his political rival joe biden ahead of the 2020 presidential election. in the complaint the unidentified whistle blowing intelligence official says that in the days following the phone call, i learned from multiple u.s. officials that senior white house officials had intervened to lock down all records of the phone call, especially the official word for word transcript of the call.

white house officials told me that they were directed by white house lawyers to remove the electronic transcript from the computer system in which said transcripts are typically stored. instead, the transcript was loaded on a separate electronic system that otherwise is used to store and handle classified information of especially sensitive nature. according to the whistle-blower, a white house official believes they abused the system because the call didn't contain anything remotely sensitive. the whistle-blower says multiple officials were deeply concerned about contacts rudy guliani had with ukrainian officials in the months leading up to that phone call. also today, lawmakers took testimony from america's top spy of the whistle-blower's complaint. the inspector general deemed the complaints credible and of urgent concern but the acting director of national

intelligence joseph maguire did not hand it over the congress. he said he went to the justice department because among other things, he was concerned about executive privilege. >> director maguire, this appears to be the first intelligence community whistle-blower complaint that has ever, ever been withheld from congress. is that right, sir? >> congressman carson, i believe that it might be. once again, i said in my statement, it's in fact as far as i'm concerned unprecedented. >> executive privilege was never asserted. president trump maintains his call with the ukrainian president was perfect and he's calling on republicans to fight and stick together. >> what these guys are doing, democrats are doing to this country is a disgrace. it shouldn't be allowed. there should be a way of stopping it may be legally but they're going to tie up our country.

>> shepard: the president is back in washington after meeting with foreign leaders including the ukrainian president on the sidelines of the general assembly in new york city. catherine herridge reporting live on capitol hill. hi, catherine. >> thanks, shep. justice maguire testified for the matter to be an urgent concern, he testified that it had to be classified, an abuse or violation of law and had to involve intelligence activities. at the conclusion of the justice department is that it did not meet that threshold because it was a diplomatic contact and not an intelligence activity. the events that followed are set out in the statute and he saw advice on executive privilege from the white house because it was the president's communications. here's how maguire defended his actions. >> it was not stonewalling. i was trying to work through the process and the law the way it's

written. i have comply with the way the law is, not the way some people would like it to be. >> democrats counter that they had this extraordinary situation where there were allegations from the whistle-blower about the attorney general, about the president of the united states and then the acting director of national intelligence went to the justice department and the white house to seek advice. here's adam schiff. >> is the first party you went to outside of your office to seek advice, counsel, direction the white house? >> i have consulted with the white house counsel and eventually we also consulted with the department of justice office of legal counsel. >> my question is, did you go to the white house first? >> i went to the office of legal counsel for advice. >> maguire testified that the whistle-blower's legal team is working with the committees on the house and the senate so they can speak to lawmakers directly about these allegations, shep.

>> shepard: some gop lawmakers are challenging the credibility of the whistle-blower's complaint. >> the complaint itself states that the whistle-blower's had not direct but secondhand information from multiple u.s. officials. this issue came into play on the allegations of a cover-up involving the transcript of the july 25th phone call. here's an exchange with maguire and democrats. >> if there's cover-up activity because the president is working improperly with a foreign government, that can compromise america's secrets. >> congressman, there's an allegation of a cover-up. right now all we have is an allegation with secondhand information from a whistle-blower's. i have no knowledge on whether or not that is true and accurate statement. >> during the hearing, republicans also pointed to what they described as a lot of daylight between the whistle-blower allegations and what's in the transcript. listen. >> that conversation is not

okay. i think it's disappointing to the american public when they read the transcript. i can say what else it's not. it's not what is in the complaint. >> what we also learned from maguire this morning, he said a letter had been sent from the intelligence community inspector general, the watch dog for the intelligence community and the primary point of contacted for the whistle-blower to the white house to preserve all records associated with the july 25 phone call between the president and the ukrainian president. behind me here, we have a closed session with senate intelligence, maguire as well as the icig, the watch dog for the intelligence community. they've been behind closed doors now about 1 1/2 hours, shep. >> shepard: we'll come back if the news warrants. president trump is blasting democrats for the hearing on the whistle-blower's complaint. the white house says the president has nothing to hide and the release of the complaint changes nothing. john roberts continues team fox

coverage live at the white house. john? >> shep, we started this hour with some reporting according to "the new york times." the person who filed that whistle-blower complaint with the intelligence community inspector general was a cia agent that was detailed to the white house and received information from white house officials about that call. it's also believed by "the new york times" again that this person had extensive knowledge of the process for transcribing and archiving calls here at the white house and also had a lot of expertise about the ukraine, which may narrow down a little bit the possibilities of who this person is. the "new york times" is also reporting in a separate report that this morning a meeting with the u.s. mission to the united nations that the president said he wanted to know who the person is that filed the complaint and who gave that person the information. the president is saying that is close to a spy adding, you know what we used to do in the old days when we were smart with

spies and treason. white house officials are not confirming what the president said. i'm learning that it looks like there was nobody from his communications staff that was at that meeting. white house staffers are rejecting even the notion that the person that filed this complaint was a whistle-blower because there were filing a complain about something outside of their purview. the president going down the stairses at joint base andrews where he said he watched some of the maguire hearings and he wasn't pleased. listen here. >> it's a disgrace to our country. it's another witch hunt. here we go again. it's adam schiff and his crew making up stories and sitting there like pious whatever you want to call them. it's a disgrace, a terrible thing for our country. >> the president again insisting today that there was nothing wrong with his call with zelensky and there was no quid pro quo and the wrong person here is being investigated.

listen to what the president also said. >> that was a perfect call. adam schiff doesn't talk about joe biden and his son walking away with millions of dollars from the ukraine and then millions of dollars from china. he doesn't talk about joe biden firing a prosecutor and if that prosecutor is not fired, he's not going to give them money from the united states of america. the president yesterday of ukraine said there was no pressure put on him whatsoever. none whatsoever. and he said it loud and clear for the press. what these guys are doing, democrats are doing to this country, is a disgrace. it shouldn't be allowed. >> there's also a citation in that complaint to the inspector general that the phone call between the president and zelensky was removed from the usual system where the calls are moved to an intelligence computer system. we may have more on that i'm

hopeful later on this afternoon, shep. i'm being steered in the direction that after phone calls with malcolm turnbull of australia and pieto were leaked, they changed the system so fewer eyes would be able to take a look at those. it's clearing up the terminology when we said who the whistle-blower or the not whistle-blower, if you're the white house believed to be a cia officer, not a field agent, shep. >> shepard: all right. john roberts at the white house. thank you, john. as you've seen, lawmakers are divided on what the whistle-blower complaint actually shows. and the questions that remain. some of the most striking take-aways ahead and later, we'll speak live with congressman from both sides as our reporting continues on this thursday afternoon. with va mortgage rates near record lows, i want to tell as many veterans as possible about newday's va streamline refi. it's the closest thing to automatic savings

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whistle-blower complaint and the dni's testimony. mike emanuel reporting live on capitol hill. hi, mike. >> good afternoon, shep. a leading white house ally said he's not impressed and heard about the whistle-blower complaint. >> it was a nothing burger for me. the phone call with the president and the ukrainian president. as to the allegations in the complaint, it's clear to me it's a narrative being created from second-hand sources. >> a key senate judiciary democrat strongly disagrees with that assessment. >> donald trump is going to choke on this supposed nothing burger. he will go down with this supposed nothing burger in his throat. because what it shows is repeated, concerted, premeditated criminal conduct. >> it's absolutely striking how differently the two sides see

these documents, both the testimony in terms of the transcript and also the whistle-blower complaint, shep. >> shepard: so now in the middle of this, it's vacation time on the hill? >> two weeks back in their home directs. a leading liberal voice in the house says it's valuable time well-spent. >> they're going back and having town halls, talking to their constituents. we need to explain what is happening to the american people. unfortunately people don't really understand fully as you well know the seriousness of the moment but also the process that we're going through. >> a leading senate republican says he worried this impeachment fever here on capitol hill will derail the legislative agenda. >> a lot of the important business that the congress should be doing to lower prescription drug costs, provide for a highway bill to help people around the country to pass the trade agreement, all of those are getting pushed to the side in pursuit of a political agenda and it's a shame.

>> the senate did pass a deal to fund the government through november 21. there's serious doubts about finding common ground on a lot of the other issues out there, gen. >> shepard: mike emanuel live on capitol hill. we'll take to house members from both political parties ahead about the next steps in the push for impeachment. there's other news we're monitoring and word that cases of that mysterious vaping illnesses have exploded. the feds say they still don't know what is causing it. another person going to prison in the college admission scandal. wait till you hear today's sentence that brought a man to tears.

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session with maguire and the senate intel to end. they're behind closed doors. if we get any information as folks come out of there, we'll bring it live. first, a dozen people have died from vaping-related illnesses in the u.s. more than 800 others have become sick. that's according to a new report for from the centers for disease control and prevention. it came out today. look at this map. the states in red show where the deaths happened. the states in yellow are all the states where people have gotten sick. looks like almost the entire map there, doesn't it? these cases reportedly nearly every state. the most recent death confirmed today in mississippi. jonathan serrie is live in atlanta home of the cdc. jonathan? >> mississippi joined florida and georgia in states reporting their first vaping associated deaths this week. the case here in georgia is particularly interesting because it involves a patient that was

vaping with nicotine as the only active ingredient. most of the cases involve patients using products containing thc or perhaps a combination of thc and nicotine. some researchers wonder if other ingredients are behind the illness. in particular, popular vaping flavors, flavors that have been tested for eating but not breathing. >> these are the classic examples. people use it in popcorn, but if you inhale it, it causes popcorn lung and destroys the lung. >> the lung injuries have sent shot waves throughout the vaping industry. juul labs announced they're changing top management and suspending broadcast and digital and print advertising in the united states. they said they won't lobby the trump administration as the white house develops plans to ban most flavored vaping

products, shep. >> shepard: jonathan serrie live in atlanta. thank you. the iranian president again is ruling out the possibility of meeting with president trump while speaking today on the sidelines of the u.n. general assembly. rohani says he refuses to negotiate unless and until the united states removes sanctions and ends what the president calls the maximum pressure campaign against iran. this comes after rohani accused the u.s. of merciless economic terrorism. rich edson has more. >> iran wants the united states to drop sanctions. the administration is going the other direction. the state department announced more measures against iran saying that government officials are no longer allowed to travel to the united states, nor can their families. secretary state announced that earlier today. >> for years, the iranian elites have shouted death to america. meanwhile, the relatives have

come to live here and work. no more. i've heard directly from many iranians engaged at this gross hypocrisy. yesterday president trump took action to end it. >> the iranian president says that iranians have no desire to travel to the united states except for the fact that they have to go to new york in their official capacities representing iran at the u.n. the state department, the united states added more sanctions last week. also, sanctioning iran's central bank. this is on top of what the u.s. has done the last couple years, especially the last 1 1/2 years after the united states with drew from the iran nuclear deal and sanctioned iran's top experts. >> shepard: the united states ratcheting up sanctions to get the iranians to the table. the iranians said as long as there's sanctions, they're not coming to the table. something has to give. >> yes.

iran says the u.s. has to roll back the sanctions that they've been putting on. meantime, it's been demanding that europe allow iran to benefit -- get the benefits of the 2015 nuclear agreement by helping iran circumvent these sanctions. these demands from iran's president. >> the sanctions must be dissolved and cease this policy of maximum pressure and pursue a policy dialogue and logic and reason. >> shepard: some breaking news. maguire is leaving capitol hill right now. this is happening even as we speak or did just a moment ago. this is a live look at the stakeout position where we were waiting to see in anybody would say anything, again, maguire the acting director of national intelligence who gave testimony today. there it goes.

back and forth. so we're waiting as they switch from camera to camera to see if anybody gives a comment. if that does happen, we'll take you there live. president -- there's word now that the trump administration officials already knew that you crane was working on getting rid of corruption before the president's phone call with the new ukrainian president. a report from the pentagon team is next. we'll talk live with the lawmakers from both parties on key committee as they begin a formal impeachment inquiry to president trump. it's the bottom of the hour. time for the top of the news next. my joints... they hurt.

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it also has the highest growth in manufacturing jobs in the us. it's a competition for the talent. employees need more than just a paycheck. you definitely want to take advantage of all the benefits you can get. 2/3 of employees said that the workplace is an important source for personal savings and protection solutions. the workplace should be a source of financial security. keeping your people happy is what keeps your people. that's financial wellness. put your employees on a path to financial wellness with prudential. >> shepard: president trump has said he held back hundreds of millions in aid to ukraine because he wanted to make sure the country tackled corruption. but new reporting from our pentagon team indicates the administration already knew ukraine was well on its way to cleaning up its act. jennifer griffin reporting live at the pentagon. hi, jen. >> in may, the pentagon

certified ukraine had taken substantial actions to clean up corruption. green lighting $250 million in military aid. the letter sent to capitol hill lawmakers and first obtained by npr was written by the pentagon undersecretary for policy. president trump cited corruption as one of the reasons his administration withheld $250 million in military aid in july prior to his phone call with the ukrainian president. the $250 million in military aid was released september 11th, a day after congressman adam schiff, chairman of the house select intel committee makes a formal request in writing to transmit the whistle-blower complaint to his committee. to date about 225 million haas been allocated according to defense officials, shep. >> shepard: jennifer, what is the pentagon's role in this? >> it's not clear right now. senator dick durbin has called on the pentagon inspector general to investigate what the

pentagon knew and when its officials knew ukraine military aid appropriated by congress was being held up at the direction of the white house. "the delay raises questions about whether dod officials were involved in any scheme to target a political opponent." mark esper was sworn in as defense two days before the president's july phone call with the ukraine president. also of note, three days after that phone call, president trump announces dni dan coates will resign. and then he by passed sue gordon for the dni job. four days later, the complaint was received from the whistle-blower joe maguire, a respected former navy seal said under oath he believes the whistle-blower is acting in good faith and did the right thing, shep. >> shepard: jennifer griffin live. thank you. i'll talk to republican congressmen about this in a

moment. first a democratic congressman, ted lou of california. he's on two of the panels that are part of the formal inpeachment inquiry. thank you. good afternoon. >> thank you, shep. >> how concerned are you that the whistle-blower process will become more difficult now, that future whistle-blowers might step back and say what's going on right now is too much for me? >> thank you, shep, for your question. let me first say that i served active duty in the united states military because i believe america is an exceptional country. one of the things that makes us great is our shared understanding we're all americans and it's wrong and no american president should ever solicit a foreign government to target an american political opponent. the whistle-blower did the right thing by bringing this to the inspector general. whistle-blowers are in america and we're all americans, this is not a partisan issue. the american public is watching.

>> shepard: nancy pelosi and others had concerns that getting straight into impeachment proceedings might be something that could hurt you in elections, especially those in swing districts. what is your level of concern about maintaining control and having a shot at the u.s. senate in the wake of this? >> impeachment is one of the gravest powers of congress. second only to power to declare war. should never be our first option. always has to be the last option. we should never want to do it. we have to follow the facts. we shouldn't be doing this for political reasons and should not not do this for political reasons. has to be based on the facts. >> shepard: are you convinced that the items that the whistle-blower has brought forward, are you convinced that all of that is true and if so how? >> i'm a former prosecutor. you don't just look at individual items in isolation. you have to look at entire context. so the whistle-blower complaint reveals that this was a month's

long campaign to get ukraine to investigate trump's political opponent. that donald trump had secretly blocked the military aid to the ukraine, which congress appropriated because ukraine was fighting back against one of our adversaries, a week later, donald trump requested the ukrainian leader to investigate biden and his son after the leader raises the issue of military aid. when he puts this in context, it appears the president a uses his power and leverages the cut off of aid to get ukraine to investigate his political opponent. >> who are the most important witnesses in mind, people your committee needs to hear? >> i'm pleased that the acting dni director said the whistle-blower acted in good faith and the inspector general, who trump appointed, had deemed that this complaint was urgent and credible. i think we now need to hear from the whistle-blower.

in addition, the whistle-blower identified a number of other u.s. officials that have expressed similar concerns, that the president was soliciting foreign interference in our election. >> shepard: would you put rudy guliani under oath? >> i would, but i'm not sure he would be one of the first witnesses to be called. i think we get a lot of information from other witnesses first. >> shepard: these sources inside the white house, the president today suggested that they could be akin to spies and seemed to be trying to root out who they are. >> a spy works on behalf of a foreign power. whistle-blowers work on behalf of the united states. i hope the president of the united states understands that. in this case, the whistle-blower is an american that followed the laws. the dni director said he acted in good faith and followed the appropriate channels and the information that he or she provided has not been validated by the rough transcript that the

white house itself released yesterday. >> shepard: "the new york times" has some details on the whistle-blower. those are -- not a name or anything like that. details about who this person or person is. what is your level of concern? an organization like ours would never put a name out there because we understand that whistle-blowers need to be protected. what is your level of concern that some website with nefarious intentions might leak that name and damage this process? >> so i am disappointed that the media will release a name of the whistle-blower. the whole point of the whistle-blower protection law that congress passed is to protect whistle-blowers. they have been verified because the white house released a rough transcript that showed that the president requested the ukrainian lead tore investigate joe biden and also because donald trump admitted on national tv that he said the same thing to the ukrainian

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>> shepard: more on lawmaker reaction as congress begin as formal impeachment ceremony to president trump. let's bring in andy biggs from arizona. congressman, good to have you. thank you. >> thanks, shep. >> shepard: a little bit from the whistle-blower's report at least or some summation. i'm going to quote here. "in the days following the phone call, i learned from multiple u.s. officials that senior white house officials had intervened to lock down all records on the call, especially the official word for word transcript of the call that was produced as is customary by the white house." this set of action underscored that white house officials understood the gravity of what transpired. does that show consciousness of guilt? >> no. first of all, the whistle-blower doesn't have any first hand information. they're relating what they heard

from somebody else. so i don't think it shows guilt. this white house is providing information. so far we know, nothing has been hidden. you know what? the whistle-blower is using secondhand information and an old trial lawyer, i can tell you that hearsay is basically considered to be incredible on its face. that's why it's not allowed to be used in court. >> shepard: from the whistle-blower, white house officials told me they were directed by white house lawyers to remove the electronic transcripts from the computer system for where they were held. instead, the transcript was loaded on a separate electronic system that was used to store extremely sensitive material. if true, would that be of concern to you? >> there's no way to know if it's true. first of all, again, it's here say. >> shepard: if it were true, would it be of concern to you? >> no. i'll tell you why. so far we're getting everything that we're asking for.

everything the committees are asking for. this president is providing, it's transparent. i don't see anything else in there. when i read the transcript or complaint, what i found is there's an implication is there may have been a whole host of other things on there. so that wouldn't be unnecessarily unusual. >> shepard: congressman, the democrats are claiming the following. that the rules in place to protect the president, classification of phone calls and the rest, were used instead to cover up evidence of a potential criminal activity by the president. if that is true, is that a problem? >> shep, what you have is the democrats that came out before they knew anything. you're asking me hypothetical questions, which is fine. >> shepard: no, no. i only asked you that because that's what they're saying based on the printout from the whistle-blower's complaint and the transcript of the phone call that the white house provided. >> right.

that's a fair question. i was saying that's a fair question, but my problem is that the democrats haven't waited until they have all the information. they claim they're going to do this investigation and inquiry. don't forget, tuesday before this information came out, the speaker said no, we're going to start this investigation. what we're finding out is the transcript didn't seem to be overly damning. they didn't have the eight demands for quid pro quo as mr. schiff said it would. the whistle-blower is all hearsay. there's nothing really substantive to it because you can't adjudicate whether it's true or not because first of all, we don't know who they are. that's fine. but it's all hearsay. so who would we go to verify any of this stuff. that's part of the problem with the democrats assertions at least up to today. >> shepard: would you like to hear from the officials inside the white house who are said to volunteer provided this information to the whistle-blower? >> sure.

i mean, let's find out. i would suggest to you that if you have an intelligence officer that is listening on the phone call -- quite frankly, the intelligence officer's role is to transcribe the conversation. if they're leaking something to somebody else for political animus or whatever reason -- this is what you've go. you have persons saying i think that's a problem. that's your whistle-blower. you have the other folks that apparently didn't think it was serious enough to go to and file a whistle-blower complaint. i think you might have a leak problem. that's as equally as concerning as anything else that we're hearing. >> shepard: it's interesting. the president said something similar but not exact today. he said i want to know who their sources are because those sources, the ones that gave the information to the whistle-blower, are close to a spy and back in the old days, we treated spies differently. do you agree with the president on that matter? >> well, if they're looking

stuff out that is supposed to be classified, then yes, that is inappropriate certainly. maybe -- probably is criminal in nature. but we don't know enough about this right now, shep, to form some real ideas. but i can tell you this. when i see the transcript as it was of the phone conversation, i see the whistle-blower complaint, i read the dni legal counsel report, i'm looking at anything else coming out. i'm having trouble seeing how we move right into an impeachment inquiry and investigation formally. we haven't done it formally yet. i have trouble seeing how we're going to get there. >> shepard: congressman andy biggs of arizona. nice of you to come. thank you so much. >> thank you, shep. >> shepard: at least 15 democratic presidential candidates now say that they support an impeachment inquiry. joe biden called for lawmakers to begin impeachment proceedings in the president doesn't cooperate into the

investigations into his call with the ukrainian president. during that call, president trump asked to investigate joe biden and his son. elizabeth warren tweeted the house needs to vote on articles of impeachment. when it comes to the senate, i will do what the constitution requires. peter doocy reporting. he's live this afternoon in bedford, new hampshire. hello, peter. >> shep, senator warren is trying to figure out whether or not hunter biden's business overseas would be blocked hypothetically by her anti-corruption plan. >> can you say whether or not under a warren administration would your vice president be allowed to serve on a board with a foreign company? >> no. >> why is that? >> i don't know. i mean, i have to go back and look at the details. >> beto o'rourke today talking about his concern over the house

taking a two-week break. he says the house should cancel its break and start impeachment proceedings now as the whistle-blower made clear. every day trump is in office, our democracy is less safe. we can't wait to act. cory booker also here in new hampshire, he's calling the whistle-blower report explosive but he does not think that the contents of it or donald trump need to define the rest of the democratic primary. >> walk around this country. people are concerned about the cost of their prescription drugs. people are concerned about the shootings going on in this nation. americans are far more sophisticated. we can deal with multiple issues at the same time. >> so impeachment is not the only thing that candidates want to talk about, but it's a big one, shep. >> shepard: thanks very much, peter doocy live in new hampshire. another parent in the nationwide college admission scandal sentenced to time behind bars. we'll have details on what happened inside the courthouse

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yeah. run with us. search "john deere 1 series" for more. >> shepard: a live look on capitol hill. the dni director testified on capitol hill. there were times that he said he couldn't discuss that in an open session. now he's been in a closed session. it's ended. this is the camera where we're hearing for anybody to come out. mark warner has not come out. we hope to have an indication of what happened to a degree that they can tell us. we're waiting for that. if it happens, we'll take you there live. meantime, a parent if the college admissions scandal sobbing in court today as he apologized for paying $400,000 to get his son in to georgetown university as a tennis recruit but not a tennis player and wouldn't play on the tennis

team. a judge in boston has sentence add california business man to four months in prison. back in may, he pleaded guilty to fraud and conspiracy. prosecutors said it was one of the largest bribes in the nationwide candle, this comes after felicity huffman was 16 tensed to two weeks behind bars for paying to fix her daughter's sat scores. and then the actress, lori laughlin who pleaded not guilty and is fighting the charges. molly line is live in boston. molly? >> shep, the wealthy california business man the third parents to be sentenced. he admitted that he got four months in prison. he apologized to the college-bound students and parents and the terrible example he set and breaking down in tears as he apologized to his wife, son and others. the government slammed him for pulling his son into the scheme,

having him submit essays to the corrupt tennis court that took the bribe. the judge said involving this teen did add to the serious nature. the defendant was painted as remorseless. he sued georgetown university to stop them from expelling his son, trying to retain the fruits of his fraud. it means the classic definition of chutzpah. in his letter to the job, he does cast blame on rick singer. she said that he wanted the future that he worked hard for. he said the responsibility is mine for the vulnerability to this extortion scheme. the same judge gave felicity huffman two weeks in prison. sloan had ordered water polo gear off of amazon and had his

son post to pictures. they were used for a fake profile to get access to usc. sloan paid $250,000 in bribes. huffman, sloan and the defendant were told to report by the end of the year on specific dates to facilities designated by the bureau of prisons. >> shepard: molly, the judge said one side of the scandal is more serious than the other. >> yes. the judge talked about the two paths that parents took. some took the test cheating route. the others faking the athletic profiles. she made the argument that the athletic profile was more serious because they bought a specific spot at a university. so she took that to be slightly more serious, which is interesting. there's a number of defendants that will go and be sentenced before the same judge. this speak to their fate as well. shep? >> shepard: thanks, molly. live in boston. after our reporting here, we'll

have a fox news update on facebook watch. it's a minute's long news cast online with some unique content that streams live on the facebook watch home page. just a few minutes from now. once it's concluded, it's available to you any time on demand. this is a partnership with facebook. fox news is solely responsible for the content and it's really available for you there any time. there's one every morning and one every afternoon just about this time. should news break out, we'll bake in. breaking news changes everything on fox news channel. lots to come here. waiting for more reaction outside the closed door hearing with the senate intel committee. the chairman mark warner has still not come out yet. we're expecting to hear from some of them, potentially, and of course neil cavuto will have coverage throughout the afternoon on that. the final bell is about to ring on the corner of wall and broad. stocks are off today. only about .3 points.

down 74 at the moment. looks like 18 of the dow 30 are in the red today. i'm shepard smith in new york. prime time programming coming up later. stay with us. >> it's another witch hunt. here we go again. it's adam schiff and his crew making up stories and sitting there like pius whatever you want to call them. it's a disgrace, it's a terrible thing for our country. >> this is a national security issue. the actions taken by the president puts this in a whole new terrain, a whole level of concern of lawlessness. >> neil: all right. i think the gloves are off. president trump and the house speaker square off. welcome, everybody. glad to have you. i'm neil cavuto. nancy pelosi accusing the president of engaging in a cover-up. this as the director o