>> good morning. it is friday, october 4th. happening at 4:00 on the east coast donald trump calling nancy pelosi and the democrats bluff forcing their hand with the potential house vote on their aimless impeachment inquiry. we are live in washington after a marathon testimony from the former ukrainian envoy. sounding the alarm, more than 1000 confirmed cases of vaping related illness, a new warning from the cdc as more lives are lost.

and the touching moment of texas judge urges a convicted ex-cop to find her faith, now being slammed by an atheist group who says she went too far. "fox and friends first" starts right now. ♪ >> a little beach music in the heart of new york city, live shot from midtown new york, a rainy start to the weekend, you are watching "fox and friends first" on this friday and thank you for joining us wherever you are, donald trump calling democrats bluff on impeachment,

the white house expected to send a letter saying it will not cooperate with the inquiry until nancy pelosi holds a formal vote. griff jenkins live in washington to explain how the democrats claims against the president may have gotten weaker. >> it is an important day, the deadline three house committees gave to mike pompeo to turn over documents related to the impeachment inquiry or face consequences for obstructing congress but the white house not going to comply, they will send a letter arguing it does not have to comply because the house never took a vote on it. leader mccarthy sent a similar letter but pelosi sending her a letter rejecting that premise saying there is no constitutional requirement or precedent for such a vote. this after ukrainian envoy kurt volcker testified for 9 hours behind closed doors. adam schiff wasn't talking.

>> any comments about the interview? >> reporter: in a series of encrypted text messages obtained by fox's mike emanuel we have learned senior diplomats discussing the suspension of military aid to ukraine topped us diplomat to ukraine ambassador bill taylor texts to the eu and here is what bill says, quote, as i said on the phone i think it is crazy to withhold security assistance for help with a political campaign. he says bill, i believe you are incorrect about donald trump's intentions, the president has been crystal-clear no quid pro quos of any kind and added the president is trying to evaluate whether ukraine is truly going to adopt the transparency and reforms president volodymyr zelinsky promised during the campaign, i suggest we stop the back-and-forth texts.

it is not clear if either ambassador will be called to testify but we are also seeing in the new york times reports that they drafted a statement for the ukrainian president committing them to investigate among others hunter biden. shannon: we will talk more about this coming up. have a great weekend. it is friday after all. congressman doug collins says nancy pelosi is throwing house rules in the trash and call that a clear indication that it is all about overturning the election. >> it is amazing to me nancy pelosi has such little faith in the american people. if she was right, if she had an agenda, if she believed democratic party candidates for president were on the right track then why is she so skeptical of the american people voting for what they believe is the right idea? the problem is she knows donald trump is connecting with american people, he did in 2016,

we will see it again next year and what they are seeing from her is willing to overturn an election because the next election they are scared of and at the same time take the was of the house and throw them in the trash. if you want to do it by the book do it, the chairman -- he can't spell truth, they are destroying the institutes -- everyone ought to be agreed on that. >> the constitution says the house must hold a vote on articles of impeachment before the judicial committee holds hearings and investigations. the republicans say the democrats did not do that. we will have more coming up. another fox news alert, police not ruling out terrorism in the deadly ambush attack on officers in paris, four people including three officers were killed when an employee in the tech department went on a stabbing spree at police headquarters, he was shot and killed, right now

his wife is in custody. a motive is not yet known. to north korea preliminary talks expected today ahead of tomorrow's nuclear negotiations with north korea. is the regime's delegation arrived in sweden overnight. this comes after north korea testfired a new missile they say is capable of being shot from a submarine. these are the first working level talks since donald trump and kim jong un met in june. hard to believe, the second anniversary of one day after that massacre, mgm resorts, the third-largest victim compensation fund in history. jeff paul explains how the billion dollar settlement came together. >> two years after the mass shooting at a country music festival in las vegas the hotel where the shooter fired from reaches a huge financial settlement with the victims. >> total settlement amount will

be 735-$800 million. it depends on the number of claimants the choose to participate in the settlement. >> 58 people were killed and many more wounded in the deadliest mass shooting in modern american history. the gunman fired shot after shot at the mgm owned mandalay hotel. mgm resorts was heavily criticized and faced lawsuits for failing to adequately protect concertgoers. the payout is in the thousands of claims. thursday's announcement comes days after survivors marked two years since the october 1st shooting. >> you look at your doorstep you expect to die and you live, what do you do with that? >> among other things mgm was blasted for negligence because the shooter was able to enter the hotel with an arsenal of

high-powered assault style weapons. federal investigators still have not been able to identify a motive for the shooting. shannon: the estranged husband of the missing connecticut mom is back in court today, fotis dulos has an evidentiary hearing for tampering charges connected to the disappearance of his wife, jennifer. 's lawyers looking to dismiss a gag order. his girlfriend, michelle tacoma's is due to enter a plea for new evidence tampering charge. jennifer went missing in may and has not been seen since. the american civil liberties union seeking millions of dollars in damages for immigrant families separated at the border. the aclu lawsuit claims the trump administration violated immigrants rights when children were taken from their parents. the suit claims 4000 children

were traumatized. donald trump ended family separation at the border in june 2018. a little football, seattle seahawks with a win over division rivals in a nailbiting finish. the la rams barely missing a field goal in the final seconds, seahawks win 30-29, glow in the dark. los angeles baseball fans have something to celebrate, the dodgers dominate the washington nationals 6-0 in game one of the in lcs, game 2 is tonight and a late rally to beat the atlanta braves. >> down into the corner it goes, right behind is edwards.

shannon: they win 7-6, game 2 tonight. and first on fox sports one the houston astros face the tampa bay rays at 2:05 eastern. the minnesota twins at 7:07. the time is 10 minutes after the top of the hour, donald trump daring nancy pelosi to hold impeachment vote as house republicans say the former ukraine envoy's testimony ruins the case. >> if there was an academy award for leading the witness my democrat colleagues would have gotten 3 oscars today. shannon: the 1-sided impeachment pushes dangerous for our democracy and he joins us live. >> how dare you disrespect me, how much you did it. you've got to be [bleep] kidding me.

shannon: the profanity laced voicemail, the multimillion dollar lawsuit he is now facing. these folks don't have time to go to the post office they use stamps.com

all the services of the post office only cheaper get a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again.

>> what we do know is there was definitely no quid pro quo. i believe the american people need to see the transcript. if there was an academy award for leading the witness come my democrat colleagues would have gotten three oscars today. shannon: house republicans say the case for impeachment is unraveling after voelker's 9 plus our testimony with no evidence of quid pro quo during donald trump's phone call with the ukrainian president, the gop is putting on the pressure to hold the impeachment inquiry and here to break down the latest,

thank you for joining us, we appreciate it. what about this? it depends on who you listen to in terms of whether there was any quid pro quo, people creating their own definitions at this point. >> let's go back to the transcript of the actual phone call between the president and the ukrainian president and there is no quid pro quo in that very formal conversation so we have these texts going back and forth and the eu ambassador saying there is no quid pro quo going on here. when the evidence is that many you clearly don't have the evidence you need to justify impeachment. >> testifying for 10 hours. can you imagine yesterday, and still democrats don't seem willing to back down.

>> the president used the phrase i have a favor and that gets close to quid pro quo. i will describe giuliani as he is running a shadow shakedown. >> who is doing the shakedown? >> compare what they are saying might have happened to what we know happened in the videotape of the former vice president, joe biden, saying he threatened the ukrainian government with the withholding of a billion-dollar us loan guarantee unless they fire the prosecutor investigating his son. that sounds like a pretty formal quid pro quo. >> listens these text messages fox was able to get a hold of going back and forth between different officials involved in this. bill taylor says it is crazy to withhold security assistance for help with the political campaign, then gordon says i believe you're incorrect about donald trump's intentions, the

president has been crystal-clear no quid pro quo of any kind, the president is trying to evaluate whether ukraine is truly going to adopt the transparency and reforms president volodymyr zelinsky promised. >> it felt like a double standard and we should mention there's been a lot of back and forth about a formal vote of impeachment. everyone needs to understand there is no more serious action by the us house of representatives other than declaring war, except for impeachment because with impeachment they are trying to remove a duly elected president and overturn the choice of the american electorate. that should not be done unless you have a formal vote with the approval of the entire house and a resolution that lays out the scope of the investigation, timing and rules under which it is going to operate.

shannon: let people see a portion of the letter from kevin mccarthy speaking about that and other things. why now? why are we asking for the vote right now? can you hear me? >> i did. they should be asking for a vote. nancy pelosi is correct, it is not constitutionally required but it is needed because of what i just said. this is such a serious thing to do, remove a president elected by the american people. i don't see how you can do that and justify it as legitimate as opposed to a partisan attempt to get rid of the president unless you have a formal vote and as i said, you outlined the scope of the investigation, white is being opened and what evidence

there is to justify it and the rules under which it is undertaken. without that it is hard to look at this as anything other than partisan. heather: i think there are democrats, people in both sides now once you put it out there in today's environment with social media and how quickly things billion people short attention spans they are not paying attention to the details so it doesn't matter. all they hear is impeachment and both sides here what they want to hear regardless. thank you for joining us, appreciate it. the 2020 democrats slamming donald trump for calling on china to investigate the bidens, but more questions about hunter biden's ties to ukraine. be american, by american, hundreds of manufacturers being celebrated this weekend and carly shimkus is live in indianapolis with a preview up next.

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a camera might figure it out. that was easy! glad i could help. at xfinity, we're here to make life simple. easy. awesome. so come ask, shop, discover at your xfinity store today. heather: robert they niro being sued by a former assistant for harassment and discrimination, she's releasing a shocking voicemail as she seeks $12 million. take a listen. >> you are history. how dare you disrespect me, how much you did. you've got to be [bleep kidding me. so quit whenever you want. heather: the former employee claims they niro made her do demeaning things and underpaid her. his lawyer calls this beyond absurd, his company sued her

earlier this year accusing her of stealing hundreds of thousands of dollars and credit card benefits before re-signing. a judge could decide today whether the special prosecutor in jussie smollett's case has a conflict of interest. fan web cohosted an event for top chicago prosecutor kim fox and wrote her a check in 2016. whether fox's office did anything wrong when all the charges against the former empire actor were dropped. jussie smollett was arrested in february accused of staging a hate crime. he maintains his innocence. made in america conference, the importance of american manufacturing. carly shimkus at the indiana conference center with the latest.

>> reporter: i am here with rose tenets, a spokesman for the made in america conference, you've done a good job promoting this. the concept is simple. it is focused exclusively on products made in the united states and this is the first time this ever happened in history. i couldn't believe when i heard that. >> when they made a decision to be made in america, they talked about sourcing materials domestically and wasn't an easy task for a lot of people you see in this room. and they are finding, the prices are becoming more competitive. and to meet the needs and this -- >> the products here this is a nonpartisan event.

american-made is great again. we have some planners right here at a bunch of cars, everything from a bakery to buttermilk, gingerbread fashion, handcrafted cocktail mix. don buckner, founder and ceo of madeinamerica.com, must be so fulfilling to see this come to life today. >> it is a 20 year veteran. he made the decision and turned on the website, the people are attracted to this idea in a big way. to promote them as made in america product, pricing quality but consider country of origin which should be a primary consideration. >> reporter: there is something about american-made products, when you get them in your hands

they feel better, the quality is higher. >> that is a brand by itself for 100 years and means quality. big pictures to keep american dollars, and the term in circulation, dollars going in a circle. they have suppliers, they spend money locally and in turn much of that money comes back to you. heather: it is all about keeping jobs, supporting local economy. we only have a couple seconds left. there are some boots. shoes are the most difficult thing in america, this is totally made in america. we have a smattering of things from close to a gun manufacturer

to leather goods. we are here all day, thank you so much. what a great idea. appreciate it. heather: that awesome looking patriotic truck. >> reporter: the monster car. a bunch of cars. heather: thank you so much. we check back in with carly in the next hour. alarming numbers in the vaping epidemic, illnesses reported nationwide. the cdc says this outbreak shows no sign of slowing down. donald trump set to speak at the young black leadership summit this afternoon as elizabeth warren sees a surgeon support from black voters. our next guest says that is a good sign for the trump campaign and he will explain why. - [male narrator] the following

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heather: look at top headlines. we begin with a fox news alert, terror not ruled out in the deadly ambush attack on officers in paris, four people including three officers were killed when an it worker went on a stabbing spree. he was shot and killed. the white house will send a letter to nancy pelosi today daring her to hold a vote on impeachment. fox news confirms the letter will say will not cooperate with the inquiry until she holds a formal vote. the september jobs report set to be released in a few hours, economists predicting 145,000 jobs were added and that is higher than the 130,000 that in august. holding steady at 3.7% for the fourth straight month. donald trump doubling down on corruption claims against joe biden and his son, calling on

china and ukraine to investigate his political rival as they rally around the democratic front runner. >> hunter biden joins his father on a state visit to china in 2013 with allegations now surfacing the vice president leveraged political clout to aid his son's financial dealings, donald trump telling that it is time to join the second family. >> china should start an investigation. what happened in china is just about as bad as what happened with ukraine. >> newly released documents including interviews conducted by rudy giuliani, raised more questions how much money hunter made on the border of the center of the controversy with the

former ukrainian prosecutor reportedly telling giuliani that hunter made millions. the latest developer and leading to a refrain from the president's barring partner, adam schiff with democrats like amy klobuchar joining and condemning the president. >> did interfere in our presidential elections and his oath of office -- it is dangerous. >> i don't think there will be any corner of the world to pick up dirt on a political opponent. you can't do that. this ongoing conduct is not stopping, he is continuing to do it and it is against the law. >> reporter: donald trump saying he has not asked president xi jinping to investigate the bidens but it is something to start thinking about. every 24 hours we get a new development in this case, who

knows what will happen this week? heather: i am sure something will happen today. later today donald trump will speak at the young black leadership summit following last year's addressed hundred of supporters who met with him at the white house. >> taking part in the young black leadership summit because you are true leaders on your campus is coming your churches and in your community. leaders of the present. >> reporter: this as elizabeth warren sees an uptick in support from black voters but which party has the better message and the better chance at the polls? thank you for joining us this morning. we appreciate having you with us. let's begin with that. which party has a better chance when it comes to black voters in your opinion? >> no doubt the democrat party has a stronghold on the black

vote historically but when you look at gains this president is making when it comes to concrete engagement with the black community not just from the campaign trail but as president of the united states for things like a little justice reform, historic support from colleges and universities, opportunity zones, deregulation and things he's doing that have positive benefits to the black community the republican party has a chance not only of increasing the votes from the last campaign which is 8% but even better because not only is he talking about what he wanted to do during the campaign but what he has done is president of the united states. shannon: let's talk about the exit poll that shows hillary clinton received 89% and donald trump, 8%. let's break apart the democratic

candidates at this point, we mentioned elizabeth warren and how her support is spiking but if you talk about other potential candidates, biden with 40% significantly in the lead but why is warren spiking right now? >> on the campaign trail she is having listening sessions and conversations with the black community is going to different events and putting a lot of policy ideas and things her campaign believes would be good for america and black america. i disagree with her policies but when you have engagement and willing to show up and talk directly to the black community the black community is willing to listen if you're a viable candidate. for joe biden and kamala harris and the rest of the running especially bernie sanders that should troublesome because she is gaining in support and that is going to be very very important.

>> donald trump's campaign just released some numbers yesterday in terms of the money they are spending in some state in south carolina was among those states. let's go back to what donald trump is done, the actions that resulted in positive news in the black community. is that giving a touch enough coverage in the mainstream media and finally do you think support for donald trump -- this has been discussed a lot when it comes to women, they don't necessarily tell the truth when polled about who they are voting for because they are ashamed to not talk about it. is that a similar issue in the black community, people support donald trump but don't talk about it? >> it is right but let me go back to the last election. he will get 0%, he did better than mccain had, romney and

trump, getting 8%. he was upwards of 20% so did very well. when you look at what he is doing in the black community, when you look at the unemployment numbers, 5.5% in the black community and 4% for african american adult female, the economy is good but here is the real issue. when you see how the mainstream media is demonizing and destroying any black american who supports this president it is difficult for young people to come out or any african-american to say i will support this president because i believe in the policies that are working for me and my community and my family. it is hard, tough. events like you doing today are critically important, turning point usa shows people it is okay to come out and support this president and stand up for what you believe in as an american.

we see what the media does. if you have courage and faith and optimism and stand up for what i know to be true because i have been positively impacted i will support this president publicly and in the ballot box but i don't care if they don't support the president publicly as long as they go into a voting booth and vote for the president it is good for me. heather: you are on fire and we appreciate it. have a great weekend. the time is 20 minutes until the top of the hour and it is the first of its kind, the us joining aipac to take out terrorists. how they plan to use big tech to do it. >> it is a mess. i don't support any of this. heather: a federal judge rules safe injection sites do not violate drug laws in philadelphia but how do people there and in other cities feel about it? republican strategist from

philadelphia gives us her take coming up.

heather: new warnings about the dangers of vaping. the number of deaths that 18. this is more than 1000 people fallen ill with a mysterious lung disease, the cdc has not been able to pinpoint a recall. they expand private medicare advantage plans. at the retirement community in florida, a number of changes include better telehealth services and treatments and less regulation. >> i made you a sacred pledge i would strengthen, protect and

defend medicare for senior citizens. as long as i am president no one will land on your medicare benefits. heather: attacking 2020 democrats in their plan would devastate the system. tech giants will be forced to hand over messages sent by terrorists. tracy carrasco is here to explain. good morning. >> reporter: the united states, united kingdom and australia signed a special data agreement that expedites requests from law enforcement agencies to tech companies to get that information about the communication on terrorists and child predators. law enforcement could get this information within days or weeks instead of months. this allows them to bypass bureaucratic legal process and

get this information directly without having to go through all of that, get that information to help them solve crimes or fight back against any terrorists. this could have a major impact on google, microsoft, facebook, which plans to encrypt all its messages. this would make it harder to fight crime. we will watch this carefully to see how it develops. heather: thank you for joining us. the time is 15 minutes until the top of the our. a texas judge being scorned for urging a convicted ex-cop to find her faith. jackie ibanez joins us with the atheist group that is slamming her action. tapes, film reels, or photos, that are degrading? legacybox professionally converts them to dvds, thumb drive, or the cloud. legacybox is simple and safe, with over half a million satisfied customers. visit legacybox.com today, and get 40% off.

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heather: atheist groups doing a texas judge for giving amber y buyger a bible after she was sentenced to prison for the murder of her neighbor bottom john. how his this courtroom give turned into a controversy? >> reporter: a moment of faith and forgiveness that captivated the country, closing the emotional sentencing of amber u guyger but an atheist group is suing. >> when a judge can use their power in the courtroom to instruct a criminal defendant to read the bible and come to jesus they have exceeded their power and violating everyone's religious liberty. >> reporter: the freedom from religion foundation claims when the judge handed guyger the bible she overstepped judicial authority. the exchange came after guyger's

sentencing, brant hugged the convicted killer in the courtroom. she dedicated her life to christ because that is what botham would want. the judge went into her chambers, grabbed her bible and gave it to guyger. >> right here. >> the judge comforting guyger with scripture before she was taken to prison to serve 10 years. the district attorney is defending the judge in a statement to cbs 11, quote, i don't think there's anything inappropriate about what she did and i would support that if anyone tried to file a complaint. judge kemp has not commented on the lawsuit. jillian: thank you so much. a federal judge green lights a safe injection site for drug users in philadelphia ruling the facility doesn't violate federal law but that is not what city residents want to hear.

>> it is a mess. i don't support any of this. uma: press secretary aaron elmore is here to weigh in on this proposal that is popping up across the country. what is your take on this? you live in the community. >> i will tell you these safe injection sites are contentious and the neighborhood is called kensington which used to be extremely impoverished. now it is having a beautiful renaissance, restaurants, beautiful homes, parks, the neighborhood has worked hard to gain tourism and increase property values and they see it as a way to driveway tourism and ruin the neighborhood. now we have people like governor rendell, a famous philadelphian and our liberal programmable

district attorney behind it and our mayor. on the other hand a city councilmember in the area is vehemently opposed to this. heather: i want to bring up this map. there are cities all across the country considering these safe injection zones not just in philadelphia. these are great communities that are trying to grow their economic value, to be a safe place for kids to live and the fear from these neighbors is it will be a magnet for drug users in their neighborhood. >> that is what they will be. when there are drug users there are drug dealers. there are statistics about crime. i know a friend in a neighborhood in los angeles who says they find people in their neighborhood, addicts sleeping on their lawns. these injection sites are very

dangerous and often bring negativity to neighborhoods. we are talking about addicts. the opioid crisis is a real thing but the best way to not have people overdose is get them in treatment not to perpetuate the drug use. heather: they say the injection sites are widespread in canada and europe and save lives in terms of people who are addicted to opioids. is this or is it not in your opinion a violation of federal law? >> i would say based on the law yesterday isn't a total win. they analyzed one piece of the statute colloquially known as the crack house statute. it is -- the judge said that statutes doesn't apply to organizations like safe house, they are trying to do good for the community. us attorney mcswain says he's going to pursue this and will appeal and if they think they

will open a location they will instruct police officers and law enforcement to prosecute them to the fullest extent of the law. this is far from over. heather: we appreciate you breaking it down for us. we will be right back. take prilosec otc and take control of heartburn. so you don't have to stash antacids here... here... or, here. kick your antacid habit with prilosec otc. one pill a day, 24 hours, zero heartburn.

heather: a beautiful shot of the nation's capital, the american flag waving in the distance, that is gorgeous which almost the weekends, time for the good, the bad and the ugly. a patriotic child stops for the national anthem when no one is looking. he is alone on a basketball court when he heard the song in michigan. a woman posting the photo on facebook writing i don't know who the kid is but someone should be very proud of him. candy corn is america's least liked halloween candy. it find circus peanuts a close second. i thought we were going to say something else about it. a hockey player wipes out before the first game of the season. >> number 38 from abba dose,

sweden. heather: anderson falling, his team beat the winnipeg jets 6-4. that is what counts. let's wrap it up, have a great weekend, "fox and friends first" continues now, goodbye. rob: donald trump calling nancy pelosi's bluff saying he won't cooperate with the impeachment inquiry until she does it the right way. jillian: republican say it is unraveling the democrats not giving up resorting to a late-night text message release they say contains a smoking gun. >> right here. >> a moment rarely seen after such a high profile trial. >> an atheist group throwing the book over the courtroom bible exchange.