brett larson, loved to have you. thank you so much. thank you for joining us on this tuesday. we will see you in a couple hours on "the five." i am dana perino. here is shep. >> shepard: a live look at the federal courthouse in manhattan. any moment we are expecting the new york republican congressman chris collins to plead guilty in an insider trading case this comes hours after the house made the republican lawmakers resignation official. we are live on scene. details ahead. first the president's lawyer, lawyering up. a cabinet secretary fighting back and the powerful republican lawmaker coming to the defense of the whistle-blower whose complaint is at the center of the whole controversy. along with new word today of when and how lawmakers could hear from that whistle-blower, and it's not on capitol hill. first today the secretary of state mike pompeo says five of

his employees will not show up for depositions over the next two weeks with the house democrats because it's, as he put it, not feasible. this is we are learning that pompeii was on that july 25 phone call with the ukrainian president. the call during which president trump asked for an investigation into a political opponent, namely joe biden. our nation's top diplomat ignored reporters questions today. >> mr. secretary, do you have comment on reports that you are on the july 25 call with president zelensky. >> shepard: listen to what he said we could go. >> "the wall street journal" is reporting president trump pressed the president of ukraine eight times to work with rudy giuliani to investigate joe biden's son. what do you know about those conversations? >> you just gave me a report about a whistle-blower complaint, none of which i have seen. see when he was on the call, as

i reported for the house foreign affairs committee subpoenaed secretary pompeo last week for documents related to that exact call. the deadline for those documents to be turned over is friday. secretary pompeo has not yet indicated whether he will cooperate. meantime, the republican senator of iowa, chuck grassley, says the whistle-blower who filed the original complaint deserves to be heard and that the person's identity should be protected, as is required by law. president trump says he should be able to face his accuser. as for the whistle-blower, our senior producer for capitol hill, chad pergram, reporting that house lawmakers are trying to hear from the whistle-blower next week. most likely not on capitol hill but at a secret location in order to protect the accuser safety and identity. we have team fox coverage. john roberts live at the white house, first to rich edson live at the state department. >> it is still unclear whether any of these five current or former diplomats from the

state department are going to try to comply with this and meet with those congressional leaders or committees on capitol hill. they are supposed to begin these depositions tomorrow and run through next thursday. secretary of state mike pompeo responding to the house foreign affairs committee in a letter writing "the committee has not issued any subpoenas for depositions and we are not aware of any other authority by which the committee could compel appearance at a deposition." he also writes the five officials may not attend an interview by these committees and thus they are accompanied by a counselor or lawyer from the executive branch. chairman of the foreign affairs intelligence and oversight committee, they have responded to secretary of state pompeo's letter. they say the because the secretary was on that july 25 call between president zelensky and president trump, that he is now a witness in all of it, that he may not intimidate any other witnesses in this and "any effort to intimidate witnesses or prevent them from talking with congress, including state

apartment employees, is illegal." and will constitute evidence of obstruction of the impeachment inquiry." the committees want to speak with the ambassador, her ambassadorship to ukraine ended abruptly. ambassador kurt volker, former envoy to ukraine who connected a presidential advisor to rudy giuliani. george kent, the states european and eurasian burial. ambassador to the european union -- before secretary pompeo sent the letter to the committees, the investor had told "the wall street journal" he was planning on appearing in his deposition. that scheduled for october 10. ambassador kurt volker is no longer an employee at the state department. he resigned friday. >> shepard: 's secretary pompeo, he says his folks are not going to be allowed to testify because it's not feasible. the committee says you have to let them testify.

you can't interfere. have we heard from pompeo since then? >> the only thing we've heard from him today was traveling in italy. outside of the letter. he is on the trip to italy, greece, he will be there for the next week. the state department producer here, he is traveling with the secretary as part of his pool duties and he asked the secretary about his participation on the call and the secretary didn't comment or respond. he continues to travel out of the country and thus far has said nothing about his participation on this call or anything really beyond this letter that he tweeted this morning. >> shepard: thanks very much, rich edson at state. let's get to the white house. john roberts is there for us this afternoon. >> good afternoon. no word yet from the president's outside attorney rudy giuliani whether he will comply with the subpoena from three house committees to produce documents. giuliani and a tweet last night saying that he's got a lot that he has to weigh before he makes a decision saying "i received a subpoena signed only by democrat chairs who have prejudge this

case. it raises significant issues concerning legitimacy and constitutional and legal issues including inter alia, attorney-client and other privileges and it will be given appropriate consideration." with sean hannity, giuliani said he's considering whether to testify but a lot will go into that decision. >> i am weighing the alternatives. i will get my evidence together. i will get my charts. on her know if they let me use videotapes and tape recordings that i have. >> giuliani has hired outside counsel to represent him. he has hired john sayle, an old friend of his who currently works and why miami doing white collar crime. former assistant u.s. attorney for the southern district of new york. he was also an assistant prosecutor during watergate working under archibald cox and leon jaworski. it's amazing sometimes, shep,

how it comes full-circle. >> shepard: you learn how to say those names along time ago. they seem to come back. the white house, they discussing an impeachment strategy at all? >> there has been a lot of reporting about that. they seem to be no clear strategy. a lot of it appears to be done simply on an ad hoc basis. one thing i can tell you is that there is a clear amount of tension between the white house press operation and the white house counsel's office. as far as the political pushback, most of it seems to be coming from the president himself, certainly he's been going after the whistle-blower. accusing the whistle-blower of operating off of nothing more than thirdhand information which prompted a rare response from the intelligence community inspector general michael atkinson who had a 4-page statement defending the whistle-blower and saying that he not only has access to thirdhand information but some first-hand information as well, reading from the statement he says "the whistle-blower stated

on the form that he or she possessed both firsthand and other information." the inspector general did not say which of the material that was contained in the complaint was firsthand information but going to the central issue of the telephone call between president trump and the ukrainian president volodymyr zelensky on the 25th of july, it's clear that he -- he or she did not have firsthand knowledge of the call because the inspector general writes "the complaint of wooden was not a direct witness to the president's july 25, 2019, phone call with the ukrainian president. the inspector general determined other information determined during the preliminary review supported the complainant's allegation. because what you can see atkinson's who was, throwing a lot of weight behind the whistle-blower complaint. >> shepard: there is a lot and one other thing, are these reports that the attorney general william barr

has been traveling from country to country putting pressure, it's reported, and other nations to help investigate the investigators back here at home. >> this is all part of the john durham investigation into the genesis of the russia investigation coming out of the 2016 election. some of the most recent news is that the president, in a telephone call with the australian prime minister scott morrison about a week before morrison made his state visit here to the white house, asked morrison on behalf of attorney general barr to work with barr to try to dig up information. the department of justice has said that barr asked the president to do that. wind back the clock to give you some context. on may 24, president trump, as he was on the south lawn departing for an event, said i hope that the attorney general looks into australia, looks into the u.k., looks into ukraine and other things to get to the bottom of what happened. and then may 28, in response to

that, joe hockey, great name if i ever heard one, the australian ambassador to the united states wrote a letter to the attorney general saying we heard what the president said back on the 24th. we stand ready and willing to help you in any way we can. the white house is not providing any context to the morrison call except to say, confirm what the department of justice has told us, any request the president made of morrison to work with barr was a result of barr asking the president to do it. if you are the prime minister of the country, it would be unusual for the attorney general to make that request, so he took it to the president so that leader to leader they could talk about it. >> shepard: john roberts on the north lawn. thanks so much. it's a long way down from congressman to convict. republican chris collins of new york officially has given up his seat today and right now is going before a judge with an expected guilty plea in an insider trading case.

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♪ >> shepard: former new york republican congressman chris collins expected to plead guilty and insider trading case in federal court in new york city. prosecutors say collins leaked confidential information about a particular company and that he let two people, including his son, avoid hundreds of thousands of dollars in losses. the republican lawmaker announced his resignation yesterday and the house made it official today. bryan llenas is waiting for the news outside the courthouse in lower manhattan. >> good afternoon, we just found out that former representative chris collins is pleading guilty to two of the eight counts that he was accused of, the first is conspiracy to commit fraud.

the second is making false statements to the fbi. that's what we've learned so far. he is in federal court. he arrived a little over an hour ago where he said nothing to reporters. this is a major about-face for the 69-year-old. two months ago, collins had told the press that he was an innocent man and he shot down any possibility of accepting any kind of plea deal. in august he pleaded not guilty to the federal charges, including securities fraud, wire fraud, lying to the fbi and then he defiantly ran as an indicted person for reelection in new york's 27th district, winning despite pressure for him to step down. prosecutors allege this. collins, who was on the board of directors of the australian biopharmaceutical company shared confidential information with his son who then share the information with his fiancee's father. that information help them and others avoid more than $768,000

in stock losses. collins found out in an email that the company's only significant drug, an experimental therapy treatment for multiple sclerosis had failed clinical trials. once that information went public, the stock for that company plummeted more than 92%. thanks to collins' insider tip, according to prosecutors, they avoided major stock losses. prosecutors say collins never was able to trade any of his $22 million with of stock. you will remember he received that email from the ceo, prosecutors say, while he was on the white house lawn at the congressional picnic and he immediately called his son within minutes, seven times, the talent to dump the stock. >> shepard: in the middle of this he got reelected. what happens to his congressional seat? >> that's right, so what we're expecting is new york governor andrew cuomo to call a

special election because we are still 13 months away from the 2020 elections. this particular district, his resignation wasn't official until this morning. his resignation was read on the house floor at 9:00 a.m. this morning. collins representing new york's district 27 which is known as the more republican friendly districts in the entire state. donald trump won this district by 25 points and remember it represented collins was the first in congress to actually support president donald trump's candidacy. collins, you have to realize his congressional seat was in jeopardy. he won that congressional seat in 2016 5:30 four points but after he was indicted in 2018, he won by less than half a percentage point. if you look at the political report, a nonpartisan report, it says that the 27th district has now gone from leading republican to solidly republican after

collins' resignation. >> shepard: thank you very much. bryan llenas of the courthouse in lower manhattan. with chris collins official resignation, there's two open seats in the house of representatives. the other is the wisconsin republican sean duffy who also recently resigned. there are 235 democrats, 197 republicans and one independent, michigan's just an emotion -- justin amash. a fan at out miami dolphins game didn't expect to see the charge on his credit card after buying two beers. not given that he had to watch the dolphins. police say a man selling beer at the stadium used his personal card reader to charge the fan whose bank sent him an alert for an excessive amount. the alert apparently included the suspects name. cops arrested the suspect and here he is, facing charges

including theft, possession of a skimming device, he also lost his job. so far he has not responded to the charges. the fan got a full refund but of course as always, the dolphins lost again. president trump reportedly left hanging by the iranian president while a phone call apparently fell through. that's coming up. plus, the feds reportedly wanted to ban flavored e-cigarette years ago saying that they were afraid kids might become addicted to nicotine. a new report claims the obama administration shut down those efforts. great news for my fellow veterans. va mortgage rates have dropped to near record lows. the newday team is working overtime so every veteran can save $2000 a year. ]úpxzv@÷bh ab1 if ylittle thingsate tcan be a big deal., that's why there's otezla. otezla is not a cream.

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attorney general of the united states or is he in fact acting as the personal attorney for the president? there is a distinction. just moments ago, the former attorney general, eric holder, did a campaign event in fairfax, virginia, and he was asked, what about it? give us your context, your assessment of this attorney general. listen. >> i think the whole thing that the attorney general is involved and is highly unusual, ordering an investigation of our intelligence and law enforcement agencies when there was already an investigation underway by the inspector general. i think that's kind of a threshold matter. and then to see how the president is now involved in trying to help the attorney general in that effort gives me pause. i think the attorney general needs to be more sensitive to the parents that that gives. you have to not only be substantively neutral.

you have to appear to be neutral when you're the attorney general of the united states. i fear he has crossed the political line. >> the justice department officials have said this is kind of standard operating procedure, that you would have the president set up these conversations so that the attorney general's not going there blind and they already have the base level conversations to know this is what we are looking for and what's going on for the cooperation. is that not the case, but that's the standard way things work? >> i wouldn't say it was standard but i wouldn't say it was unprecedented. involving the president and a justice department investigation is something that would be reserved really for only the most important investigations of the justice department, usually those that had a direct impact on the national security. more often than not, the context with other governments goes from attorney general to the attorney general's counterpart in the other country.

not involving him in the matters unless the consequences are significant. >> i think the trump administration argues they are. that's the basis for why this is so important, to be able to investigate that. do you feel that's the case? >> again, the question i have for this new investigation is what does it do that the inspector general wasn't already doing? it seems that this is duplicate in a lot of ways. i think kind of unnecessary. but the attorney general has made the determination and i think hess to -- he is paying a price for it terms of questioning whether or not he's acting as the president's lawyer as opposed to the attorney general and then it hak on the justice department as well. >> in the long term, that's a concern that i know you've mentioned. the long-term impact it has on the reputation. >> i think when people look at the justice department and think

that it's in some ways politicized, that hasn't negative long-term impact on the department. fbi agents have to testify in trials all around the country to the extent that a person looks at an fbi agent and thinks that person, that the fbi serves a politicized agency, that can make a person may be think the fbi agent is not telling the truth. >> do you think it's reasonable to investigate vice president joe biden and his sons business ties to ukraine, something that's been called for. is that something that was a concern, those ties, during the obama administration? >> the question is, you know, is there predicate? that's how you do investigations. is there a predicate, basis to think there was something that went wrong, some basis for us to order the investigative resources of the united states to be involved?

you don't just go out and order an investigation for political reasons, somebody is raised to charge. there has to be something there to work with before you order an investigation. on the basis of what i know, it seems to me there's not that predicate. >> in terms of impeachment and the push by democrats, is it going to hurt or help them across the country in terms of state races as well as congressional races? >> i'm not sure anybody can really gauge that. i don't know if this is going to help the democrats or hurt democrats. but i think it's the right thing to do and i think it's the obligation of -- it's a constitutional obligation that people in the house of representatives has. democrats and republicans, to look at these very serious allegations and make a determination as to whether or not impeachment charges should be brought. i don't think at this point that we should anticipate a result. i think the process that they are engaged in is appropriate.

>> thank you very much. >> shepard: former attorney general eric holder making news and only on fox with our correspondent garrett tenney at a campaign rally for a democratic candidate in fairfax, virginia. former attorney general eric holder weighing in on events of our day. we are hearing about a secretly planned phone call with the potential of opening dialogue between the united states and iran. opening a dialogue. all the iranian president hassan rouhani had to do is pick up a phone. instead he left president trump waiting on the line, all of this according to reporting of "the new york times." the french president emmanuel macron apparently set up a call on the sidelines of the u.n. general assembly just last week. they call reportedly fell through because hassan rouhani did not trust the united states to lift sanctions on iran because he said i will not talk until the sanctions are gone. and he feared president trump would spin the talks were

positive media coverage. live from our jerusalem newsroom. >> according to reports french president emmanuel macron presented a four-point plan to president trump and iranian president hassan rouhani at the united nations last week but the agreement fell apart after rouhani declined to pick up the phone. politico is reporting that the documents presented by macron was meant to set a formal meeting between the two leaders and start negotiations to ease tensions in the middle east. the plan crumbled after rouhani demanded trump announced intentions to lift sanctions on iran imposed after the united states left the 2015 nuclear agreement. these decisions are being made strategically by both sides. today iran's top general under hassan rouhani said iran is winning the larger information war against the united states. the trump administration plans to continue its maximum pressure campaign against iran. >> shepard: creates in the middle east newsroom. new information about a crash that killed seven members of the

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plan from a company like humana, just might be the answer. >> shepard: at least 14 people have died of vaping-related illnesses. health officials from nebraska are reporting that state's his death. they say 65-year-old man died in the month of may near omaha. at that point, officials say they hadn't recognized the vaped illness outbreak. the centers for disease control and prevention reported more than 800 cases of people getting sick after vaping and 46 different states. most people said they had vaped thc, the chemical that gets you high and marijuana. but some patients have said they only vaped nicotine. the feds reportedly trying to ban flavored vape juice four years ago but senior obama administration officials killed the plan. that is according to the

reporting of the "los angeles times." the "l.a. times" reports the food and drug administration started working on a proposal because health officials said they were worried about kids getting addicted. that was after the cdc reported an 800% spike in middle school and high school students vaping. industry lobbyist began fighting the ban in washington and ultimately decided the cost of business outweighed the potential health benefits. trace gallagher reporting with the rest of the story from los angeles. >> in 2015 you had a couple million middle and high school kids vaping flavors like cotton candy, gummy bears, and skittles. medical experts say that the young people thought they were inhaling water vapor but the manufacturers in the food and drug administration knew that they were inhaling nicotine which after decades of research we know is every bit as addictive as heroin and cocaine. the fda wanted to ban the kid friendly vaping liquids but more

than 100 small business advocates and tobacco lobbyist with the full court press on officials and the obama white house whose statements like this "there is persistent mythology driven only by fact free propaganda that interesting flavors are designed to attract children te cigarettes." the obama administration sided with the vaping administration trickled industry. now we have an estimated 3.6 million young people hooked on vaping. as one attorney fighting tobacco policy notes this is the moment we go back to an a time machine, the moment we could have nipped this disaster in the bud. it turns out some of those candy flavors of vape liquids were also found to be poisonous in high doses. >> shepard: related, the massive e-cigarette company, juul, pulling support for a measure that would overturn san francisco's vaping band. speak with emphasis go past and e-cigarette ban in june and juul

quickly and effectively floated proposition c, a ballot measure to repeal the ban. juul pumped more than $11 million into the local campaign with supporters claiming that vape pens help people kick their cigarette habits. doctors and medical associations slammed the claim and the fda launched an investigation into whether juul's advertising was legal. after a rash of deaths linked to vaping products, juul's new ceo said the company would stop funding proposition c. the measure will remain on the ballot but without funding and support, it stands very little chance of passing. we should also note that sandwiches goes ban on e-cigarettes could be lifted if the fda is allowed to conduct a full review of the vaping industry and all of its products. >> shepard: trace gallagher live in los angeles. thank you. the man charged in a crash that killed seven motorcycle riders in new hampshire says an ipad distracting him while he was driving.

that's according to court records unsealed today. volodoymyr zhukovskyy told investigators that he was using the device to talk to his boss and that he was unable to stay in one lane. the court documents also show emergency responders received multiple calls during this time to report his reckless driving. zhukovskyy faces seven counts of negligent homicide and has pleaded not guilty. ♪ fox business update, more travelers stranded heading home today after the giant travel agency thomas cook collapsed last week. thousands more are still stuck overseas. the fox business networks reporting live from the new york city newsroom. >> good afternoon, the thomas cook collapsed literally has left thousands stranded triggering the biggest peacetime repatriation effort ever. today britain's civil aviation authority says 39 flights are

going to bring another 7,000 people back home. 115,000 customers of a total of 150,000 have returned and what's been called operation matter horn. in addition to those stranded, there's 800,000 people who had future travel bookings through the company and employed 9,000 people in the u.k. the first priority is getting people home but for those with trips around the corner, their trips are going to be canceled. at least a refund will be received. the civil aviation authorities is going to launch an online service to manage those refund request starting next week. people are encouraged to get the claim form right because even in that case, refunds could take about two months. it only covers what was paid for in terms of your package so if you made separate bookings around a packaged trip, don't expect to get that money back. >> shepard: some former thomas cook employees are now helping the stranded passengers question rex because this is the human part of the story. some former employees have set

up pop-up shops to help people fill out these claim forms to help them revoke their trips. they are saying that they are doing it out of love for their customers and the customers feel for the employees. they are saying we might've lost our holiday but these employees have lost our jobs. emotions definitely running high and people showing some kindness and compassion. >> shepard: jackie deangelis from the fox business network. thank you. today a jury found a former dallas police officer guilty of murdering a man in his own apartment because she mistook that apartment for her own. the sentencing hearing is underway right now on the victim's mother has something to say. ates are probably gonna double. but dad, you've got allstate. with accident forgiveness they guarantee your rates won't go up just because of an accident. smart kid. indeed. are you in good hands?

>> shepard: a bridge collapsing, crushing boats and dropping an oil tanker truck into the herber. eastern taiwan. look at this. according to the interior minister at least two people are dead and doesn't hurt. the bridge was 60 feet high before it came crashing down hours after a typhoon swept across part of the island. the cause of the collapse officially under investigation. talks are. a live look at the dallas county courthouse where the victim's mother is speaking out, waiting for a jury in texas to decide the punishment for a former

dallas police officer convicted of murdering an unarmed black man in his home while she was a police officer. jurors are hearing from witnesses at the sentencing hearing. amber guyger faces 5 to 99 years or life in prison. the judge read the guilty verdict this morning which was followed by shouts in the courtroom. then this after the door opened. [cheers and applause] guyger admitted that she did shoot and kill her neighbor in his own apartment. she said she thought she was in her own apartment was was actually a floor below his. her lawyers say she shot him in self-defense because she thought he was a burglar. she has been convicted of murder. julie randleman is here. this set off a bit of discussion in the newsroom today. about whether -- you tell me. was it a great area or was an

easy thing for any jury? >> i think everyone that i speak to, defense attorneys, prosecutors, they all have -- had different views of the case. the thing that has stuck out in my mind from the worst thing that happened at least for the defense is this is he a woman who got on the stand and admitted, admitted to the jury that she intended to kill this young man. the minute she did that, i think the jury was going to be going away she didn't want them to. >> shepard: the story was that she lived on one floor and he lived on another floor. he she went into his house. she said she intended to kill him. >> i don't there's any question that she made a mistake. i don't think anyone, unless you're a conspiracy theorist, there are people out there, that believe that it's clear she went in there not knowing it wasn't her apartment. the problem is there was

evidence she was incredibly distracted when she was chatting with her boyfriend and sexting and that's one of the things that bothered the jury. she carries a loaded handgun capable of taking a life of someone and is not focused on what she should be and instead kind of doing her own thing and then taking the life of an individual. those things are what caused the problems. i don't think a jury thought she intended to go to the wrong apartment. >> shepard: we are about to get sentencing and we will know about that. as far as an appeal goes, though she have grounds? >> ironically a lot of people had questions about the judges charges. the judge allowed for a mistake of fact and the judge allowed the jury to consider what's called a doctrine which means your house is your castle. people thought it would hurt the prosecution. now that there's been a conviction, there's going to be some problems for the defense because they don't have all of

those appeals they would have potentially. one possible grounds for appeal is that the judge did not allow certain experts to testify with regards to amber guyger and her state of mind. it could be something that an appellate court could look at say maybe they should've been allowed to testify about some of it. >> shepard: julie randleman, thank you. we will update you. pay to play could go coast-to-coast and states that may follow california's lead and let college athletes cash in. just when you got the song out of your hand, -- your head, police in texas are bringing back "baby shark," thanks to one man in mcdonald's. this is how it would all end, isn't it? [laughs] with va mortgage rates near record lows,

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run a drone airline. ups. they are doing test runs out of medical center in raleigh. the government approval will let the company expand the program to more hospitals and other industries. the drones can fly day or night. there are some restrictions. they have to be in view of the operator and only one room per operator but they will be there. earlier this year, ups teamed up with a drone maker to demonstrate the need for the drone delivery in the health care industry especially. to show that patience could get stuck faster and it gets them well faster. some states are considering following california's lead after the democratic governor they are gavin newsom, signed a bill allowing college athletes to profit from endorsement deals. lawmakers in colorado, florida, south carolina, are reportedly considering similar laws. in new york, state senator has introduced a bill to give student athletes 50% of their schools ticket and merchandise revenue in addition to letting them make money off their names and likenesses.

ncaa will freak out now. california's fair pay to play act will go into effect in 2023. in a statement yesterday the ncaa wrote in part "different laws from different states will make unattainable the goal of providing a fair and level playing field." read: this could crush the system. william la jeunesse reporting live from the west coast news hub. >> you're right. where this goes is a mystery. california schools being banned from convening outside the state to the nca literally falling apart, as the big division i programs -- under the california bill athletes are like the pros, hire an agent, spell your name, promote or shoe company, do tv ads, pocket cash signing autographs. the bill considered in south carolina is different would require big universities to provide a $5,000 a year stipend to athletes and the profitable sports. the new york bill requires colleges to spare or share 15%

of all ticket sales to student athletes across all sports. >> you have the university selling your jerseys and things like that. to some extent i do believe you should be compensated for that. >> this dictatorship change. that's exactly what it is. >> the ncaa has debated this for literally ten years but it literally represents about a thousand different schools big and small and shepherd, as you know, they've not been able to reach any consensus. >> shepard: you have to wonder what's happening behind closed doors at big-money universities across the land. >> nobody seems happy. the pac-12, the chancellors, the ncaa. they say even in level playing field, the small schools or it a disadvantage. coach mike leach and washington state complained that a tiny college can't compete with

hollywood and a market with 10 million consumers in l.a. is it fair for the offensive lineman making $0 blocking for the running back who is making in a million in endorsements. they say sponsor money goes to nonrevenue sports as well as football and basketball. now the nike and adidas endorsement budgets will go to a few star athletes. is that a good thing? >> when it comes to paying players as employees, you have to ask, what happens if they get fired? what if you want to fire them? do we want to start firing student athletes? >> california is forcing the ncaa's hand, one thing is clear. nobody's gonna put pandora back in the box. >> shepard: william la jeunesse live in los angeles. there is no free lunch, shark guy. cops are searching for a man accused of shoving mcdonald's coworker while sporting a shark onesie. here's a look at the facebook page and the pulse from the

police. a description of the perp rewritten as lyrics of the viral song "baby shark." i will spare you the singing. according to this facebook post, shark man told employees he lost his wallet, asked for some free stuff at which point a worker explained to shark man that huron land, that's not how things work. shark man stormed outside and as the story goes, the staff locked the door which angered shark man. he banged on the door, accused the workers of stealing his wallet. when a manager opened the door, he violently shoved her, as the cops put it. police are still trying to figure out who was in the shark onesie. he got no filet of fish. you have to pay for those. wallet or no wallet. they are paying on wall street today. dow is off 345 points. the main reason, according to

our good friends of the fox business network's manufacturing numbers. they were bad this morning, as bad as they were when that horrible thing happened ten years ago, that bad. is it a big sign? we don't know. thanks for being here. i appreciate you. >> neil: forget whether any of the charges against the president are impeachable, startling news out of the economy today that shows his biggest breaking point, the recovery, is not on impeachable. welcome, everybody. i am neil coto. it's not a subpoena or phone call or transcript of a phone call or whose analog phone call. the president called it fake news. this news was real. the markets real scary. word that u.s. manufacturing activity was contracting last month and not a little bit. a lot. registering its lowest reading since june 2009 when the economy was melting down in a report