of you for watching. i'm paul gigot, hope to see you right here next week. ♪ eric: well, new fallout of the ousted u.s. ambassador to ukraine appears before house lawmakers for a closed door-transcribed interview telling them president trump did pressure the state department to remove her from her post, this as the president is wrapping up attacks on the impeachment inquiry calling it, quote: illegal, invalid and unconstitutional. as democrats are considering a holding a full house vote. hello and welcome to america's news headquarters, i'm shaun. arthel: hello, everyone, i'm arthel neville. house democrats are issuing new subpoenas while preparing for next week's testimony from gordon sunland, the u.s. ambassador to the e.u., set to testify under oath despite objections from the state

department. we have fox news team coverage. kevin corke is live at the white house, but we begin with lucas tomlinson at our d.c. bureau. lucas? >> reporter: earlier today, debbie dingell was asked if democrats had enough votes for impeachment amid allegations president trump leveraged aid to ukraine to investigate a political rival. >> we must get the facts. we cannot be emotional or whatever. we have three committees that are investigating, they're following where the facts are going to take us, and we'll see what that will be. is there enough facts to take us there the right now in i don't know. >> reporter: former u.s. ambassador to the ukraine ignored a state department order not to testify before house impeachment investigators. she claims president trump pressured the state department to fire her. the former ambassador told lawmakers rudy giuliani accused her of insubordination and blocking his efforts to investigate joe biden and his son hunter who worked for a gas company there.

critics say his only qualification was being the former vice president's son. one of the critics on capitol hill admitted until this past summer, ukraine was one of the president's bright spots. >> it was a perfect policy. it was better than the obama administration's policy. >> wow. >> the official policy. which was fighting corruption and supporting ukraine against russia. but what started happening over the last year was that the president, through rudy giuliani, was running a parallel policy, a shadow policy that had a different aim. the aim was to try to get dirt on vice president biden. >> reporter: republicans say democrats are stonewalling. >> how about the democrats provide the republicans and the president same exact rights that they would demand if everything was reversed. you should run an impeachment of the president of the united states, and everything is going to happen behind closed doors offering no protection

whatsoever, no transparency, no accountability, no due process. >> i checked and, frankly, why don't we know? we're talking about the president of the united states, an impeachment process 13 months before an election. why don't we know who this whistleblower is? they deserve protection, but they don't deserve -- they're not entitled to anonymity. >> reporter: more diplomats are testifying this week on capitol hill. arthel? arthel: thank you very much. eric: and this all comes as the white house has just given a report that federal prosecutors are have launched an investigate into the president's personal attorney, foreman mayor rudy giuliani. the investigators are looking into whether he possibly violated laws in his dealings with ukraine after two of his associates were arrested. kevin corke is at the white house with the very latest on this. hi, kevin. >> reporter: hey, good to be with you. just what is rudy giuliani's relationship with the two men arrested this week?

that appears to be the question at the heart of an apparent ongoing federal investigation into the former mayor of new york city, rudy giuliani. of course, you and i talked about this previously, this idea that there were two individuals that were picked up in new york. in fact, they were picked up at the airport here in washington over at dulles attempting to leave the country, so the question remains what is the mayor's relationship with those two men. now, according to "the new york times," prosecutors in manhattan is are investigating when giuliani broke lobbying laws in his dealings with ukraine. the investigate, according to the paper again, is tied to the case involving the two associates who, as i mentioned, by arrested on campaign finance relate charges at dulles airport attempting to leave the country. as for the times' piece, it says this: mr. giuliani has denied wrongdoing, but he acknowledged that he and the associates worked with ukrainian prosecutors to collect potentially damaging information about the foreman ukraine

ambassador -- former ukraine ambassador and other targets of mr. trump and his allies including former vice president joseph r. biden jr. and his younger son, hunter biden. mr. giuliani insists federal prosecutors have no grounds to charge him because he said he was acting on behalf of his client -- that would be the president -- and not on behalf of a ukrainian prosecutor. so the president said this on twitter the, eric, he said: so now they are after the legendary crime buster and greatest mayor in the history of new york city, rudy giuliani. he may seem a little rough around the edges sometimes, but he's a great guy and a wonderful lawyer. such a one-sided witch hunt going on in usa. deep state the, shameful. that is the take, the prevailing wisdom according to the president. eric? eric: yeah. and before he was mayor, rudy giuliani was the head of the southern district of new york, the same office that now is reportedly investigating him. >> reporter: that's right. eric: he tool on the mob, crooked politicians, terrorists, you name it.

quite a name for himself starting in 1984. kevin, thank you. arthel: for more, let's bring in the national political reporter for the philadelphia inquirer. jonathan the, if you would, let me start by taking a look at a fox news poll, a new fox news poll asking should president trump be impeached and removed from office. you've got 51%, that's up nine pointses from a little more than two months ago, 51% saying impeach and remove. 4% saying president trump should be impeached but not removed. and 40% saying he should not be impeached at all, and that's down five points from july. so, jonathan, overall in terms of the politics of it, who is winning the argument to move towards a full impeachment or not to? >> well, so obviously that poll shows some significant gains from a democratic per spect f. perspective. that's probably one of the bigger margins we've seen when it comes to impeach and remove. a lot of other polls have shown

a pretty even split, but there's a significant increase at least for an inquiry. what that means going forward though is still not clear. it probably means democrats are not going to face the backlash that a lot of them feared because we're seeing support rise well above 50%. but it's not clear that's going to change the outcome of this, because what you really need to watch is what happens among republican numbers. it seems like a lot of the increase in support is from people who already oppose the president, maybe didn't approve of impeachment before and now do. but what's really going to change things is if republicans' support increases because that could have an influence on the republicans that control the senate, and we're not seeing those numbers move significantly and not seeing republican senators break with the president, at this point anyway. arkansas -- arthel: tell us about the impact of yesterday's testimony by the former u.s. ambassador to the ukraine. >> well, i think that, combined with these stories that are

swirling around rudy giuliani, him being investigated with associates of his being indicted, it really causes a problem for the narrative the president is trying to push that is accusing the bidens of corruption, because he's saying, listen, i'm looking into this issue because i'm concerned with corruption. it's not about politics or attacking joe biden. but at the same time now one of his closest associates has a major cloud around him regarding the very country and some of the very same dealings that the president is trying to hit biden with. and so if he's saying this is about corruption and one of his close, visible associates is under a cloud, it really undercuts that message that that's his main concern. arthel: yeah. and at first people were wondering if the president was going to throw the mayor under the bus. not so, as it's looking by the tweet that kevin corke just reported and showed us in his report. so we'll get back to mr. giuliani in a second, but up next is -- thursday, in fact, the ambassador to event u., the european union, gordon supland.

why did the state department initially block him from testifying, number one, and now that that he's compelled by way of subpoena, what will committee members want to hear from ambassador sunland? >> well, when the state department blocked him, that was the first real step in what the white house has shown is going to be their clear strategy of just trying to defy any requests for documents, any requests for interviews of people who worked for the administration. and that was them really throwing the gauntlet down and challenging democrats on this impeachment process. he was, remember, on the text messages -- there's been a lot going on, but on these text messages that have been uncovered where there are a number of diplomats who were kind of backing up what the whistleblower had said in this case, that they were afraid the president was withholding aid in ukraine in order to get an investigation against the bidens. and some other diplomat said that's fine,9 another said -- arthel: that's not the case only after a five hour space of time

between his last text, previous text saying, you know what? let's take this offline are, let's stop texting about this. >> exactly. and he's been reporting that he'd spoken to president before he sent that text back. i think democrats want to know what he said, and reports that there's additional messages on a private device of his. what those reveal could -- well, we have to see. but they're hoping or they want to check to see if that backs up the narrative or the whistleblower's accusation that the president was basically withholding mill care aid in order -- military aid in order to benefit his political investigation. arthel: two things in a short amount of time. what about that personal device you're talking about? what's the likelihood that congress will get access to whatever's on that device? >> it sounds like a court fight. the administration basically saying no cooperation at all, and so it's going to have to work its way through the courts, it seems. arthel: so will the house dems subpoena rudy giuliani? if so, would he have any legal

wiggle room to get out of it? >> you know, it's hard to say because he is not part of the administration. so they can't claim executive privilege the way they can with other people who work for the administration. so he would -- if he defies it though, i'm not sure what penalties that congress can actually impose on him. that would be a test going forward. but executive privilege would not seem to apply to him since he does not officially work for the government. ann: jonathan, thank you very much. we have to leave it there. >> thank you for having me. arthel: of course. eric: and there's been another high-level shake-up in washington. kevin mcaleenan stepping down as acting secretary of homeland security. border security remains a top priority for the trump administration. garrett tenny has more from washington. >> reporter: the sources familiar with the situation tell us this was mcaleenan's dix he was not fired. last night in a call with senior dhs leaders, he said he was

leaving to spend more time with his family, but according to the source the acting dhs secretary has been on the outs with the white house for some time. he felt like administration officials didn't listen to him anymore, and he knew that he was not going to be nominated to lead dhs permanently. so he decided to step aside. it is worth remembering that mcaleenan took over after former secretary kirsten nielsen was fired from the post as the white house was aiming to take a tougher approach on immigration. the president even noted some of the success mcaleenan had during his tenure, tweeting he's done an outstanding job as acting secretary of homeland security. we have worked well together with border crossings being way down. kevin wants to spend more time with his family and go to the private sector. the president said he'd announce mcaleenan's replacement next week. a former official tells fox news that ken cucinelli, the acting director of u.s. citizenship and immigration services, is at the top of the president's list, but actually getting him confirmed would be a challenge because a

number of gop leaders in the senate -- including mitch mcconnell -- are not fans of the former virginia attorney general. though the source tells us cucinelli is in sync with the president and white house adviser steven miller when it comes to key immigration policies, and the white house has been working to make this happen. in washington, garrett tenney, fox news. arthel: all right, thank you. a deadly crane collapse in the heart of new orleans. ahead, the latest as rescue crews search through the rubble in hopes of finding those still missing. en. until i almost lost my life. my doctors again ordered me to take aspirin, and i do. be sure to talk to your doctor before you begin an aspirin regimen. listen to the doctor. take it seriously.

you don't need to go anywhere dad, this is your home. the best home to be in is your own. home instead offers personalized in-home services for your loved ones. home instead senior care. to us, it's personal.

eric: well, tragedy to tell you about in new orleans. one person has been killed, three others remain missing right now in that city. the hard rock hotel, which is under construction there, participants of it came suddenly crashing down because the crane seemed to separate from the upper floors and completely crashed, as you can see there for those or who are watching, to the ground on canal street. well, officials say at least 18 people have been taken to nearby hospitals for treatment. thankfully, they're listed in stable condition, but authorities are urging people to stay away from that area. it's right along the busy canal street. if you know in new orleans, as many of us do, it's right on the edge of the famed french

quarter. and that building, as you can see besides our folks listening on sirius fm, man, it looks like a bombed-out war zone building. so sadly to see that hard rock casino and hotel was under construction. we'll bring you more details when they announce exactly what caused this horrible accident. arthel: well, eric, the turkish military now claiming to have captured a key syrian border town marking its most significant gain so far. as this offensive in northern syria against kurdish forces who fought side by side with the u.s. enters a fourth day. turkey pressing its assault and showing no sign of stopping despite mounting international criticism. steve harrigan is in irbil, iraq, with more. steve? >> reporter: arthel, despite warnings from the u.s., despite widespread international criticism, turkey is going ahead with its military operation really full steam ahead.

we saw more war planes in action today as well as more shelling. you can see plumes of smoke rising from some of those villages and cities just across the border in syria. turkey says this is an anti-terror operation. they say their goal is to push 20 miles deep into syria to create a safe zone with no kurdish fighters inside that zone. it's not clear what the death toll has been so far. both sides tend to exaggerate the number of soldiers on the other side killed, but it is clear there have been civilian casualties on both sides, roughly 50. about 25 or so on each side of the border. that's just up until now. also visible chaos as people trying to get away from the explosions, from the fighting. you have families just packing up everything they can carry into trucks, buses, motorcycles, carts just trying to head south and get away from the fighting. the u.n. estimating as many as 100,000 people are on the move after four days of fighting, still trying to get away.

the u.s. has warned turkey to slow things down. they've warned them about potential financial sanctions as well as, quote, serious consequences. but no actual action taken yet against turkey so far. arthel, back to you. arthel: steve harrigan, thank you very much for that report. eric? eric: meanwhile, the pentagon keeping a close eye on the turkish assault targeting our allies, the kurds, and calling on turkey to end this offensive. defense secretary mark's e per seeing this yesterday -- >> i think you have seen many of our nato allies have come out and said turkey must stop this incursion now, and that remains our them. stop the, let's get back to the status quo. i have no indication that they are willing to stop. this has been their consistent theme about the terrorist threat that they see from the pkk, the ypg, etc., how this is affecting their national security, etc., etc. >> we have not abandoned the kurds. let me be clear about that. nobody green lighted this offensive by turkey.

just the opposite. eric: with the army for 33 years including service in iraq and afghanistan. general, first, thank you for your service. >> it's a great country to serve, eric. thank you very much. eric: that, sir, it is. however, we have this situation. just heard the defense secretary say no one green lighted this operation. but that's not the impression that they're reporting, they blame president trump for moving those 50 or so special ops away from the border and giving erdogan a green light to conduct what some fear could be a genocide and a mass slaughter of the brave and courages kurds who are fighting against terrorism. how can this be turned around? >> well, we had three objectives. the objectives were to be a buffer between the kurds and the turks. we also wanted the kurds' assistance in deterring and keeping isis down. and then finally, wanted can security for the 11,000 prisoners, isis prisoners that have been taken. when we pulled those soldiers

out, those three objectives went out the window. the only objectives the turks want is a buffer zone, as your previous reporter said, and get the hundreds of thousands of refugees they've got out of turkey and into that area, and while they're at it, they want to take the syrian kurds down. how do we fix this. we really have to put the turks in a position where it is more painful for them to keep doing what they're doing than it is to revert to the status quo secretary esper talked about, and i don't want see that happening. eric: as you just said, you don't expect any meaningful action to stoppered wan? >> sanctions have to do three things, what soldiers have taught me. first, they have to hurt. whatever the president does has to hurt turkey. it has to be painful. second, it has to be so painful it deters them from doing it again. and third, it has to send a message to the region that this is not viable behavior to do and not something we'll engage in. i don't see how the sanctions,

which we have not indicated what criteria we'll use to implement, are going to meet that standard of punishment. eric: there's reports the president was on the telephone with erdogan, and he deviated from his talking points that he was supposed to basically tell erdogan no, here's our terrific national security reporter, jennifer griffin, reporting and i'm going to quote it. president trump went off script during his call on sunday with turkish president erdogan. a well-placed senior u.s. military told fox news during the call trump had talking points, tell erdogan to stay north of the border. how do you get other partners? what would give them a reason to trust us? is it possible that the president just, you know, he's talking to erdogan and just, as he said, okay, and the result is this? >> the president has shown -- thinking through second and

third overeffects of things. he tends to be immediate as they affect him and how they affect what he thinks immediate functions. not the long-term second and third-over effects. then you've got to ask then what, then what, then what. not done in this case, and the result's what we're seeing. secretary's per sees we haven't boomedded the kurds. -- abandoned the kurds. can ask the kurds, i believe they have a different view. eric: special ops in syria called her, quote, it was one of the hardest phone calls i've ever taken. i'm ashamed for the first time in my career, the soldier said, and he went on to say about the president, quote: he doesn't understand the problem. he doesn't understand the repercussions of this. it's a shame, the kurds are standing by us, no other partner i've ever dealt with would stand by us x there's the rest of the tweet from jennifer's terrific reporting right now. what do you say to our allies, general? i mean, look, my father was a

bombardier payment in world war ii -- pilot in world war ii. two of the his partners died. they didn't die for a democracy that stands up against -- what do we do and what do we say to the kurds and our other allies that they know that this country will stand with them? >> we can't say anything. what they -- what we have to do now is behavior is believable. we have to reinsert ourselves into the situation. eric, what it ultimately comes to is there are individuals like the president who is our president, our commander in chief, who views these operations from a business cost perspective. what does it cost, what is the expense, how do i reduce and mitigate the expense. there are others who look at this as this is an investment on our national security. and this is the cold war we're going to have for the 21st century, fighting these indirect fights, fighting these onslaughts that are throughout the world and these tensions that we have sunni, shia, arab,

israeli, turks, kurds. those are not going to stop. so the first thing we can't say anything, behavior's believable. we have to take actions to back the kurds -- back the turks off. eric: finally, what would you tell the president if he were watching? >> behavior is believable. we have deserted the kurds. they are our allies. we are not able to meet our three objectives in the region; be a buffer, defeat isis and take care of those 11,000 prisoners that, if they are unleashed, will be 11,000 isis fighters unleashed again on the world. as a president, we have to stop that and, sir, you have to stop that, and you have to take charge of this situation to get our objectives met. eric: and finally, general, your advice are to the president to do just that, to achieve that. >> i'm sorry, eric, you broke up there. eric: your advice to the president to achieve that? does he pick up the phone and callrd won?

>> first off, he should call erdogan, second, he should not call erdogan and request, she should call and insert himself and say we are putting our forces back there, back your forces off. now, there's a danger to that. i'm not naive. turkey is a nato partner. we would be, you know, backing off a nato partner. but he's got to make erdogan understand that this is important to us as a nation, it's part of our national security. erdogan is very concerned about his own national security. we are concerned about ours. and this needs to be a shared responsibility. we need to find a way to get both outcomes met, but we're not going to get both outcomes met with this reaction we have going on now. eric: perspective and insight from general vinnie boles. again, thank you for your thoughts and service. >> it's a great country to serve again, and thank you all very much. eric: of course.

arthel: eric,ing thank you. well, crews racing to control the wildfires raging in southern california. ahead, the latest on the efforts to contain the blaze. child care options run out. lifetime retirement income from tiaa doesn't. guaranteed monthly income for life. it's either the acertification process.t or it isn't. it's either testing an array of advanced safety systems. or it isn't. it's either the peace of mind of a standard unlimited mileage warranty. or it isn't. for those who never settle, it's either mercedes-benz certified pre-owned. or it isn't. the mercedes-benz certified pre-owned sales event. now through october 31st. only at your authorized mercedes-benz dealer.

and i...was... take shocked.test. i'm from cameroon, congo, and...the bantu people. new features. greater details. richer stories. get your dna kit today at ancestry.com. doprevagen is the number oneild mempharmacist-recommendeding? memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life.

♪ ♪ eric: firefighters in california are trying to put out deadly wind-driven wildfires ripping through the los angeles area. those fast moving flames have forced tens of thousands of people from their homes so far, and it's damaged at least 30 buildings. so far one death though has been, sadly, blamed on this blaze. christina coleman live on the ground in porter ranch, california, with the very latest and the conditions there. >> reporter: hi, eric. we have confirmed that three people have died in connection with these fires. these fires have caused a lot of damage. take a look at this house behind me, it is destroyed. the roof is caved in, there's piles of debris there just, you know, a couple moments ago the neighbors came out here, they put up these signs, these messages of hope and support for the people who live here. this is a small little cul-de-sac here in the

neighborhood, and they're very close. now, this house burned in the saddle ridge fire, it burned at least 7500 acres since thursday night. the fire is 19% contained. authorities is say the man who died in this fire suffered a heart attack while trying to protect his property from the flames. a mandatory evacuation was in place for about 100,000 people who live in this area. we learned just moments ago that for some parts of this area the evacuation has been lifted. neighbors told me they had seconds to decide whether to stay or go. >> i had my car running in the middle of the street with the engine running, and i kept looking back, and all the embers were going underneath. i said, i hope p that doesn't catch on fire, because if that does and i can't put this out, i'm really stuck. >> it was very scary. you know, my kids were with me and, you know, they were -- they started crying. it was a little -- it was very uncomfortable. >> reporter: one of the two people who died from the saddle

wood fire is an 889-year-old woman. now -- 39-year-old woman -- 89-year-old woman. that fire burned at least 120 acres. cal fire confirmed that burning trash from a trash truck that was dumped started that that fire, and now investigators are trying to determine whether criminal charges will be filed. so now at this point we're told at least 1,000 fire fighters are out here working around the clock trying to contain this fire and put out hot spots. they're monitoring the very dry and windy conditions, and we will continue to monitor them too and keep you up-to-date with the very late. eric: yeah. the damage is heartbreaking. christina, thank you. meanwhile, power has been restored across the bay area up north in san francisco after pg&e cut off power for more than 735,000 customers saying the shutoff was needed in order to prevent possible fires. the utility company was

criticized for failing to adequately communicate that to people affected. arthel? arthel: well, eric -- [inaudible] the next democratic debate just days away, one candidate is doubling down on her threat to boycott it. jacqui heinrich is in our new york city newsroom with more on that as well as some new polling. >> reporter: hey, arthel. yeah, the democrats are rallying ahead of a crucial debate next week that could turn the tide for biden or for warren, both leading as front-runners. which was once a three-way tie in the race with biden way ahead now looking more like a biden/warren split after a surge in warren's support. the latest fox news poll has her up six points in september, but it's not at biden's expense. he's till in the reed and gaining ground -- still in the lead and gaining ground. but warren is drawing support away from bernie sanders still off the campaign trail after a

heart attack and the death of his daughter-in-law who was suffering from cancer. biden's doing some debate prep on the west coast. the other candidates are fighting to stay relevant, but at least one might not scramble for the spotlight on the debate stage. tulsi gabbard still has not decided whether she'll boycott the debate. he says the criteria to be on the stage takes the power away from the voters or and gives it to the polls. >> the dnc has partnered with the corporate media to hijack this elections process away from voters. to run their own kind of pre-election to tell you, well, here's the people that we think can, quote-unquote, win. it's absolutely wrong, unacceptable and undemocratic. >> reporter: but amy klobuchar certainly does want the spotlight, and she said on bill

maher last night she needs it, acknowledging she hasn't had a viral moment. she made a subtle jab at kamala harris. >> i don't know what those moments are so great. kamala harris had moments, and she's not doing too good, you know? you're right. moments don't make -- >> yeah. and i think that moments work when they're actually happen that people don't manufacture them. >> reporter: next debate is on thursday. arthel? arthel: thank you, jackie hype rick. eric: the democratic debate will likely focus on the impeachment inquiry as president trump continued to defend the phone call with the unicrane january president. -- ukrainian president. the president insists he's looking at corruption, not just the biden deal. so how big a problem is corruption there? david spunt has more from the ukrainian capital of kiev. >> reporter: for those who live in ukraine, corruption is a

reality difficult to'ses cape. >> translator: when i got elected, i thought the next day we're going to arrest all of them, all the corrupt ones. >> guest: president zelensky campaigned on fighting corruption, and now his government is getting help. >> it's also a huge problem of corruption. >> host: the project coordinator for together against corruption, a nongovernmental organization based in kiev, advises the ukrainian government on weeding out bad seeds. she, like many of her colleagues, continue to watch the drama unfold in the united states between president trump, president zelensky and hunter biden. the younger biden sat on the board of an energy company while his father was vice president. critics question hunter biden's qualifications for such a job, but she says qualifications don't matter. name recognition does. >> ukraine often invite foreign people, good manager to different bodies. they are trying to invite

foreigners and international representatives of organizations in order to make it more often for us and more legible. so for us, it's usual i would say. >> reporter: president trump's personal attorney, rudy giuliani, says biden tried to have a foreman ukrainian prosecutor fired because he was investigating hunter's time on the board. but fox news has learned that's not true. the move to get rid of the prosecutor began in ukrainian parliament months before biden joined, but risma's board. sources insist there was an international chorus of leaders who wanted shokin out for his lack of dealing with corruption. prosecutor-general's office is taking another look at the gas company, that investigation is expected to last a few months. david spunt, fox news. arthel: we have a fox news alert, an update from officials in new orleans who say they found one of three people missing after this crane

collapsed. crews are now searching for two people inside this hard rock hotel that was under construction. though they say the whole structure m one person was killed, 18 others are injured. buildings around the site -- [inaudible] eric: a house fire kills four members of one house, and authorities say it was arson, and the suspected arsonist, a 9-year-old boy who faces murder charges in the deaths of his family members. next, our legal panel will consider should a 99-year-old be charge -- 9-year-old be charged with murder? d by casper the friendly ghost? hey jill! hey kurt! movies? i'll get snacks! no, i can't believe how easy it was to save hundreds of dollars on our car insurance with geico. i got snacks! ohhh, i got popcorn, i got caramel corn, i got kettle corn.

am i chewing too loud? believe it! geico could save you fifteen percent or more on car insurance.

is eh, not enough fiber.al? chocolate would be good. snacking should be sweet and simple. the delicious taste of glucerna gives you the sweetness you crave while helping you manage your blood sugar. glucerna. everyday progress. ♪ ♪ arthel: illinois prosecutorses charging a 9 -year-old boy with multiple counts of murder for setting a house fire that killed five people; four family members and the boy's mother's fiance,

happening in a trailer home. the deceased including three babies. the boy's family e and friends are calling for lean leniency. >> some children, even some adults today, have things happen when they were younger. they grew out of it. somebody nurtured them, and they have a very prosperous, productive adulthood now, so i believe they deserve a chance. arthel: our legal panel, trial attorney rachel phelps and former prosecutor david schwartz. rachel, i'm going to start with you. is this charge too steep for a 9-year-old, or it a justifiable charge in and what's the defense argument? how is it going to play out in court, and will this be tried in court? david, i'll let you answer also as well. rachel in. >> this case is -- thank you so much, arthel. this case absolutely horrifying, a straight-up tragedy and very, very disturbing. however, charging this child with five counts of murder is broad, broad overreach. everybody here familiar with the idea of mens rea or the guilty

mind, and what that boils down to is they're going to need to prove -- murder is a specific intent crime. so they're going to need to prove that this child not only intended the crime, but understood the consequences of this action. there is no way that they're going to be able to establish that vital element to a jury, and i think that really it's way overcharged here. arthel: david? >> i agree with that. you know, the bottom line is a 9-year-old does not have the mental capacity to commit an intentional murder. it's just not even possible. so the idea of overcharging, i wouldn't even call it overcharging. i think it's an illegal charge, and i think the murder case -- the murder charges are going to get thrown out. bottom line is this child is not going to go to jail, so it's not like he's being tried as an adult. he's going to be tried as a juvenile, and the top sentence really is probation. arthel: i want to read -- >> what's really -- arthel: hang on one second, rachel, because i've got some specifics for you.

i i want to read a statement from the boy's mother. her name is katie alwood, and part of her statement says, quote: he made a terrible mistake. he's a child. even though he lit the fire, i know his intentions were not to kill anybody. i know that. he cries and cries is and cries because he misses his family. and the mother also said of the boy, who suffers from schizophrenia, bipolar and adhd is not a monster and people should pray for the help that he needs. rachel, back to you now, is the mother culpable in any way for not having her son under strict psychiatric supervision? >> well, apparently there was some attempt to do so. dcf had apparently been out to the house about 12 or 13 times, and whether or not the mother's ultimately going to be somehow liable in this situation remains to be seen is. we haven't seen any of the underlying facts to this case other than broad strokes that the prosecutor's provided to us. the county attorney seemed to indicate that the reason these

charges have come down were, quote, for finality. it's almost as if they're looking to somehow have the ability to have the services in place that the criminal justice system is going to allow for this child to get the treatment that they need. what's very interesting here is that in most countries the minimum age that you can be charged with a crime 14. in massachusetts the minimum age is 12. so illinois was actually the first state to start a juvenile court, and so it's a really interesting commentary that now they're charging a 9-year-old with murder when in most states you'd have to be at least 12 to be charged with such a crime. so it shows there's definitely been a departure for that state in how they treat juveniles. i think there's just been a lot of confusion about how to handle this tragedy. arthel: david, hang on, i'm going to get you in there, but first i want to read this quote9 from the president of juvenile justice initiative which advocates for less reliance on incarceration, more fairness for the lives of all troubled youth. it says, quote: it doesn't

matter how serious the charges, neuroscience, brain development, all of it points to the fact that young children shouldn't be held culpable. i'm not saying there shouldn't be accountability, but they need services, not sanctions. so, david, to you, you know, what do you say to that? >> well, uh-uh think there's a distinction between -- i think there's a distinction between the intentional crimes and negligent crimes and reckless crimes. you know, in illinois a 6-year-old could be charged. so anyone between the ages of 6-18 could be charged as a juvenile. but when we're talking about an intentional murder, it's inconceivable that a 9-year-old could form the intent needed to commit a murder. now, what the mother was saying about that he didn't intend to commit murder, if you intend to commit an arson, that's not a defense. so if you intend to commit an arson and a homicide takes place, that's good enough for arson murder. arthel: i have to leave it

there. i'm wondering if the 28-year-old mother's going to get the mitchell care assistance that she's going to need. but we have to leave it there. yeah, it's very sad. >> tragic. arthel: david schwartz, rachel, thank you both very much. >> thank you. eric: meanwhile, arthel, a new law in florida allows teachers to carry a gun inside school. coming up, what parents and teachers think about that. rkey. so chantix can help you quit slow turkey. along with support, chantix is proven to help you quit. with chantix you can keep smoking at first and ease into quitting. chantix reduces the urge so when the day arrives, you'll be more ready to kiss cigarettes goodbye. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. stop chantix and get help right away if you have changes in behavior or thinking, aggression, hostility, depressed mood,

suicidal thoughts or actions, seizures, new or worse heart or blood vessel problems, sleepwalking, or life-threatening allergic and skin reactions. decrease alcohol use. use caution driving or operating machinery. tell your doctor if you've had mental health problems. the most common side effect is nausea. quit smoking slow turkey. talk to your doctor about chantix. ♪ applebee's new pasta and grill combos. choose from up to 12 combinations starting at $9.99.

that's it. i'm calling kohler about their walk-in bath. nah. not gonna happen. my name is ken. how may i help you? hi, i'm calling about kohler's walk-in bath. excellent! happy to help. huh? hold one moment please... [ finger snaps ] hmm. the kohler walk-in bath features an extra-wide opening and a low step-in at three inches, which is 25 to 60% lowr

than some leading competitors. the bath fills and drains quickly, while the heated seat soothes your back, neck and shoulders. kohler is an expert in bathing, so you can count on a deep soaking experience. are you seeing this? the kohler walk-in bath comes with fully adjustable hydrotherapy jets and our exclusive bubblemassag. everything is installed in as little as a day by a kohler-certified installe. and it's made by kohler- america's leading plumbing brand. we need this bath. yes. yes you do. a kohler walk-in bath provides independence with peace of mind. call... and ask about saving $1000 on a walk-in bath, or visit kohlerwalkinbath.com for more info.

eric: well, a controversy new law allows some florida teachers to carry guns inside the classroom. the state legislature passed that law in response to the deadly shooting at the marjory stoneman douglas high school in parkland, but so far only a few of the school districts in the state are following true with it. >> reporter: teachers in seven florida school districts will soon be locked and loaded. a new law enacted this month in the state gives schools the option to allow teachers to carry concealed guns. the law expands on the guardian school safety program introduced after the parkland shooting last year. >> that initial program was everybody except classroom teachers. >> okeechobee is one of seven school districts taking advantage of the new option. the assistant superintendent of

okeechobee county says their first priority is protecting students. >> you can't have a hash tag of putting student it is first and not want to use every opportunity to keep them safe. >> reporter: he says they already have several volunteers. one teacher, who wished to remain anonymous due to safety concerns, says they are ready for their responsibility. >> in my years as a teacher, you know your kids. you wouldn't want to see anything bad happen to any of them. you have to be willing to do what needs to be done. >> reporter: but gun control groups argue teachers simply can't fill the role of law enforcement. >> we're worried about the accuracy of that teacher being able to shoot or to be able to shoot at all. >> reporter: at this time 39 counties, including broward and clay county, are participating in the program. major counties that include the cities of miami and orlando are not. beyond florida at least eight other states like texas and louisiana allow teachers and staff to be armed. some parents who have kids enrolled in the district think

it's a good idea. they say the new law will eliminate schools as soft targets. >> if all else fails and my child is sitting in a classroom with some psycho coming through that door, i want my child behind that teacher, and i want that teacher equipped to do something to help themselves which is also going to help my child. >> reporter: school employees and teachers who volunteer have a long list of requirements including passing drug tests, psychological exams and over 100 hours of training. in okeechobee florida, fox news. eric and a lot more news from the journalists here at fox news when we come right back.

if you have postmenopausal osteoporosis . . . g? life is full of make or break moments. that's why it's so important to help reduce your risk of fracture with prolia®. only prolia® is proven to help strengthen and protect bones from fracture with 1 shot every 6 months. do not take prolia® if you have low blood calcium, are pregnant, are allergic to it or take xgeva® serious allergic reactions, like low blood pressure trouble breathing; throat tightness; face, lip, or tongue swelling rash; itching; or hives have happened. tell your doctor about dental problems as severe jaw bone problems may happen or new or unusual pain in your hip groin, or thigh, as unusual thigh bone fractures have occurred. speak to your doctor before stopping prolia® as spine and other bone fractures have occurred. prolia® can cause serious side effects, like low blood calcium; serious infections which could need hospitalization; skin problems; and severe bone joint, or muscle pain.

are you ready? ask your doctor how prolia® can help strengthen your bones. sleep number 360 smart bed. numbers fall sale on the can it help keep us asleep? yes, it senses your movements and automatically adjusts to keep you both comfortable. the queen sleep number 360 c4 smart bed is now only $1,399. plus free premium delivery when you add a base. ends monday.

set yourself free with fleet. gentle constipation relief in minutes.

little fleet. big relief. try it. feel it. feel that fleet feeling. arthel: the impeachment inquiry battle continues on capitol hill as house lawmakers hear from a former u.s. ambassador to ukraine and democrats issue more subpoenas. hello, everyone. i'm arthel neville. welcome to a brand you new hour inside america's news headquarters. eric: hello, thank you for joining us this afternoon. i'm eric a shawn. the former u.s. ambassador to ukraine, she's pushing back and putting the blame on the president. she testified before the three house committees for a total of nearly 10 hours, all behind closed doors yesterday. she told lawmakers the president pressured a top state department official to have her ousted from her post in kiev. this comes as another key diplomat who is involved if the

ukrainian questions says he will testify next cree week despite objections from the state department. arthel: president trump going on the war path against the impeachment inquiry, at his second rally in two days. >> the radical democrats' policies are crazy. their politicians are corrupt. their candidates are terrible. and they know they can't win an election day so they're pursuing an illegal, invalid, and unconstitutional [bleep] impeachment. eric: democrats say that is certainly not so. we have full coverage for you. kevin cork is sanding by on the north lawn, as you can see. lucas tomlinson is live in the washington bureau with the latest. >> reporter: despite the state department's attempts to block her testimony, former u.s. ambassador to ukraine, marie yovanovitch stepped forward and told investigators the president had pressured the state department to fire her because she would not help investigate

joe biden. one of the president's critics on cap l toll hill admitted until this past summer ukraine was one of the president's bright spots. >> a perfect policy, was better than the obama administration's policy. the official policy, which was fighting corruption, and supporting ukraine against russia. but what started happening over the last year was that the president through rudy giuliani was running a parallel policy, a shadow policy that had a different aim, the aim was to try to get dirt on vice president biden. >> reporter: president trump's former ambassador told lawmakers there was a campaign within the administration to oust her based on what she claims were false claims by rudy giuliani she tried to block easers t effortso after joe biden and his son. critics say hunter biden didn't know anything about energy when he was hired. he washe was defended.

>> i think she has been a model diplomat and deserved better than the shabby treatment she received from this president and from the secretary of state. so i think we're all deeply in her debt for representing the country so well around the world and for so long. >> reporter: some republicans accused their democratic colleagues of stonewalling. >> they're cherry peeking what's a leak. they're withholding he key facts. they're lying about other claims and the american public gets deceived as a result of it. if you're going to havey have st hearings, then provide the american public a copy of the transcript afterwards. kurt volcker't still hasn't been released. eric: we'll talk moor more abot that coming up a.

arthel: president trump defending rudy giuliani amid reports his personal attorney is being investigated for potentially violating lobbying laws in relation to ukraine. this comes after two of giuliani's associates were indicted for campaign finance violations earlier this week. let's bring in kevin cork, live at the white house. kevin, those two associates were caught with one-way tickets out of the country. what if anything have we heard from giuliani? >> reporter: well, nothing yet, especially about a potential probe, although given arthel his experience at running the southern district of new york, more than anyone else, rudy giuliani knows it's a possibility that there could be a federal investigation underway. you mentioned the gentlemen in question. they were attempting to leave the country. what if anything does the mayor have to do with their relationship to possible campaign finance law violations? this story is one we've been following in the new york tiles, to be sure. the times had a fairly interesting quote. i want to share that with the folks at home. this one laying out some of the

particulars of this particular story. mr. giuliani has denied wrongdoing but he acknowledged e and his associates worked with ukrainian prosecutors to collect potentially damaging information about ms. yovanovitch, the ousted u.n. ambassador, including joseph biden and his younger son, hunter biden. federal prosecutors in manhattan said to be looking into whether or not giuliani broke lobbying laws in his dealings with ukraine. investigations are tied to two associates who were arrested as you pointed out on campaign finance related charges this week over al at dull less airport in -- dulles airport in washington. the president wrote on twitter, now they're after the legendary crime buster and the greatest mayor in the history of nyc, rudy giuliani. he may seem rough around the edges bute but he is also a grey

and a wonderful lawyer. on capitol hill, democrats are upping the pressure, arthel, on the president as their impeachment inquiry sans a house vote continues with a probe that included an interview with the recalled ukrainian am a bass door, marie -- ambassador, marie yovanovitch. we expect to hear more this week, including some questions for some trump administration official. arthel: in the midst of all of this, the president announced a partial trade deal with china. tell us about that. >> reporter: big news, certainly, be be you're in the farm belt in this country and frankly big news for investor os of n the corner of wall and broad. let me share some of the details, people will call this a skinny deal, a partial deal. we're calling it phase one as the usa and china continue to try to work together to try to solve this protracted trade war. as we go inside the details, it breaks out this way. you're looking at the u.s. saying with china we will hold off on adding on the tariffs.

they were expected to go up to 30% from 25% on $250 billion worth of chinese goods. that won't happen. in the meantime, china and the u.s. are going to be working on some other deals. the u.s. talking about being impacted in the agriculture sector, the energy sector, the aviation sector and other sectors. all this of course is broken down in something that has yet to be written down but we expect will be written down sometime over the next five weeks. bottom line here, arthel, the chinese are expected to buy between 40 and $50 billion worth of u.s. ag products and that is a win for everybody. arthel. arthel: pork, we'll leave it there. thank you very much, sir. eric: there have been successes in washington, all the eyes though it seems on the impeachment inquiry. what can we expect over the next few weeks. john fritzy joins us, white house correspondent for usa today. republicans are he demanding nancy pelosi call for a full

house vote to formalize the impeachment investigation. some democrats are talking about doing just that. do you think we'll see it soon? >> i don't think that's very likely. obviously the president and the white house was described as going to war on this, this week, with this letter from the white house counsel's office saying the president wasn't going to take part in this, given the process. they're arguing it's an unfair process, happening behind closed doors. they don't get a chance to have a counsel in the room, all sorts of arguments. i guess the reality of this is that democrats can run this however they want constitutionally. obviously there's a political argument here too and i think that republicans will continue to argue that this is an unfair process and in so far as democrats don't budge on that, that will be the argument from the white house and hill republicans. eric: the house speaker say it is legal and within her purview, to run it this way without having a full formal vote. >> i think she's right on that. but again, there's a political calculation here too and if the

idea is that they're going to do this kind of on their own, then that's how she's going to do it. and it's going to allow the republicans to make this process argument but it's not an argument on the merits. i think that's maybe the calculation the democrats are making, particularly if more shoes drop. eric: next week, gordon sunland, he is expected to testify, basically in violation of the state department's request and of course a lot of attention goes on that text t. let me read it to you, in which ambassador bill taylor raised questions about the supposed holding of aid versus the investigations. taylor wrote, as i said on the phone, i think it's crazy to withhold security assistance for help with the political campaign. sunland hours later responded saying bill, i believe you're incorrect about president trump's intentions. the president has been crystal clear, no quid pro quos of any kind. the president is trying to evaluate whether ukraine is

truly going to adopt the transparency and reforms that president zelensky promised during his campaign. i suggest we stop the back and forth by text t. if you have concerns, i recommend you give lisa or ken to discuss them directly. thanks. a lot of speculation over that like four hour time difference between the text when sunland answered him back with -- and you're smiling because i -- you know what i'm going to say. the report says he talked to the president about that. do you think sunland will be asked about the context of that text, what he meant by the text, did you talk to the president and if you did, what did he say? >> that's absolutely probably the first question he's going to get asked. it's not just the four hours, which is important, but it's also the context of all the texts which led up to that text. it did appear that it could be read that there was a talk of withholding this aid for this reason. and i think that's why the other person on the other side of that

is raising that question. so i absolutely think that's going to come up. you know, i mean, it is true that the state department is having these folks not testify. they don't want anybody to testify. however, what i've heard is that a number of republicans feel like sunland may be in the best position to answer some of these questions from the president's perspective. he's a big republican donor, a big supporter of president trump. we'll have to see how it shakes out. but sunland could be potentially the one who helps the president out with some of these answers. eric: that's interesting. a few on the hill, special add adviser to the president, hr mcmaster, what do you think we'll be hearing in the coming weeks as they testify. >> if sunland could be helpful, hill is potentially more dangerous. there have been reports that she's going to talk about both sunland and giuliani working around the national security council process on the ukraine. that's a potentially explosive

allegation, if she has the receipts to back it up that could be a big problem for the white house. eric: it will be another powerful week in washington. john fritzy, get some sleep. get your wheaties and get ready. >>.this is something. >> you too. thanks. eric: arrest the. arthelarthel.arthel: a an amers calling on president trump to help bring their father home from lebanon where he's being detained without charges. he was arrested in lebanon during a family trip last month. jacqui heinrich has more on his family's fight to h free him. >> we're very desperate. >> reporter: these women hope their cries reach the owe l val office, -- oval office, fearing their father may be killed if president trump doesn't intercede. a new hampshire restaurant owner and naturalized u.s. citizen is being he detained without charges in his native lebanon. his family says he was tortured after his arrest last month

following false allegations from hezbollah. his american passport was seized at the bay ru beirut airport dua family trip. he was told to return september 13th. but before that date came, hezbollah newspaper accused him of torturing hezbollah and palestinian prisoners in the he '80s and '90s. >> he knew he was an innocent man and he didn't -- he doesn't have anything to fear, that's why he went to the appointment, just like they told him. >> reporter: that was the last time his family saw him. within days, former inmates of the prison and hezbollah supporters were picketing in the streets, calling for his public hanging. his family says they were also targeted. >> one person commented, oh, just one bullet and it was a picture of me and my sister and my mom. >> reporter: his attorney says the allegations are false and he's being used as a political

pawn by a corrupt government. he once served in the south len lebanon army, a largely christian force, set up to contain hezbollah during israel's occupation. after israel withdrew in 2000, hezbollah's influence grew, winning key positions in the government. the u.s. designated hezbollah a terror group in 1997. >> we don't trust the judicial system in lebanon. we don't trust the corruptist government. >> reporter: he was charged with thousands of former sla members for working with israel after its occupation ended but last year his name was cleared and his family points out he was never accused of torture. a source within the lebanese government also told fox news on condition of anonymity there's no legal basis for his case. >> we have pictures of abuse. we really need to get him out of there as soon as possible. >> reporter: the embassy -- he was moved to a military prison

where a doctor evaluated him. the report shows signs of torture. the state department says it's monitoring the case. a arthel. arthel: jackie, thank you. eric: people in new orleans are running for their lives this morning after a large portion of the hard rock hotel that was under construction suddenly collapsed. you can see it there. plus, three people in california in the southland now confirmed dead after high winds have spread and sparked several destructive wildfires. we're live on the ground in a moment. when you shop for your home at wayfair,

you get more than free shipping. you get everything you need for your home at a great price, the way it works best for you, i'll take that. wait honey, no. when you want it. you get a delivery experience you can always count on. you get your perfect find at a price to match, on your own schedule. you get fast and free shipping on the things that make your home feel like you. that's what you get when you've got wayfair. so shop now! aleve it. with aleve pm. pain happens. the only one to combine a safe sleep aid. and the 12-hour pain relieving strength of aleve. so...magic mornings happen.

there's a better choice. aleve pm.

arthel: firefighters firefighters in los angeles are battling a fast-moving wildfire, forces tens of thousands of people to evacuate their homes. at least three people have been killed and more than 7500 achesers charred. calmer winds, cooler temperatures may bring needed relief. let's go to porter ranch where christina coleman is live. >> reporter: the fires caused extensive damage. you can only imagine what it must be like the to be one of these people who come back to one of these homes and see it destroyed like this. just take a look at this house. you can see the roof caved in. there's burned debris just scattered around the property.

neighbors came out here just moments ago to put up signs with hope and support, just letting the people who live here know that they are there for them. this house burned in the saddle ridge fire, that fire burned as you mentioned about 7500 acres since thursday night. the fire is now 19% contained. authorities say the man who died in the saddle ridge fire suffered a heart attack while trying to protect his property from the flames. a mandatory evacuation was in place for about 100,000 people who lived in this area. but i'm told the evacuation has been lift for most of the people. neighbors told me they had seconds to decide whether to stay or go. >> i had my car running in the middle of the street with the engine running and i kept looking back and all the embers were going underneath, i was going i hope that doesn't catch on fire because if that does and i can't put that out, i'm really stuck. >> it was really scary. my kids were with me.

they started crying. it was very uncomfortable. >> reporter: one of the two people who died from the saddlewood fire that swept through a mobile home park is an 89-year-old woman. that fire is 25% contained as of today and burned at least 820 acres. cal fire confirms the fire started from burning trash dumped off of a trash truck. investigators are trying to determine whether criminal charges will be filed for that fire and at this point there are firefighters that continue to work around the clock, they're on the front lines, trying to check these hot spots and trying to contain these fires as fast as possible. arthel. arthel: you hate to see the loss of life, for sure, and loss of property and all those acres. thank you, christina he coleman. eric. eric: arthel, two people were wounded in a shooting during a wedding at a new hampshire church this morning. the gunman police say was taken down by the guests. they say a man opened fire

inside the new england pent costal church when the wedding was already in progress and when officers arrived three minutes after the initial call of the shooting, they say the guests of the wedding had already subdued the suspect. >> from my understanding, it's basically they gang tackled him. there was a struggle ensued, minor injuries occurred with the other guest that were in the struggle with the shooter. eric: police don't believe the shooting was random. they're investigating the possible motive and if it was connected to the nuptials r. arthel: the turkish military say they captured a syrian border town as the of fence i've in the northern part of the -- offensiveor in the northern part of the countryens ters enters ih day.ic ♪

were you going to tell me about this? i know i can't afford to go. i still have this car so you can afford to go. i am so proud of you. thanks. principal. we can help you plan for that. start today at principal.com.

sleep number 360 smart bed. you can adjust your comfort on both sides your sleep number setting. can it help us fall asleep faster? yes, by gently warming your feet. but can it help keep us asleep? absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. so you can really promise better sleep. not promise, prove. don't miss our weekend special! the queen sleep number 360 c4 smart bed is now only $1,399. plus 0% interest for 24 months and free premium delivery when you add a base. ends monday. colon cancer screening for people 50 and older plus 0% interest for 24 months and free premium delivery at average risk. honey, have you seen my glasses? i've always had a knack for finding things... ...colon cancer,to be exact. and i find it noninvasively... no need for time off or special prep. it all starts here... you collect your sample,

and cologuard uses the dna in your stool to find 92% of colon cancers. you can always count on me to know where to look. oh, i found them! i can do this test now! ask your doctor if cologuard is right for you. covered by medicare and most major insurers time to get in a tree, nock an arrow, and disappear. this is what you've prepared for. he's moving more in daylight and whenever you can, you'll be hunting dawn to dusk. this is what you live for. it's your season. so hurry to great outdoor days at bass pro shops' and cabela's. where you can save big on great gear from top brands like redhead, cabela's and black out. bass pro shops and cabela's. your adventure starts here. eric: at least one person was killed and two others remain missing at this hour in new orleans after a large portion of the hard rock hotel which is under construction downtown, well, it collapsed near the

city's historic french quarter. authorities say the area is still dangerous as a construction crane looms over the site. they consider the crane unstable. it tore off some of the building. cay thin mazo -- kathy mozone is live at the site with the latest. >> reporter: i'm on canal street, not far from the french quarter where the hard rock hotel, there are multiple people on-scene, emergency crews still working to stabilize this structure as well as the crane and to rescue those inside. i want to give you a better look at what they're working with. that massive yellow crane, over 200 feet tall, i leaning and unstable. it happened just after 9:00, when city leaders say that it crumbled. witnesses tell me they were standing around and everything stopped when it started shaking. they heard a sound like a train or a tornado and then it crumbled to the ground. as you mentioned, one person did

die and two others are missing. there are crews on-hand, search and rescue crews, 25 of them will be going into parts of the structure to try to rescue one of those missing people. they say the other individual who is still missing is likely in a more difficult place to reach. so at this point they're unable to track that person or unable to rescue that person, but again, they will be trying to locate that other individual very soon. they have k-9s as well to try to get that person out. again, that yellow crane, unstable, but i'm told there is another crane on the way from baton rouge, northern luc louis, that will help to stabilize that crane. unfortunately, due to the size of the equipment, it's very unlikely that that's going to happen anytime soon. they have to transport it and then obviously put it back

together in order to reach that crane there. again, multiple people still on-hand here. spectators as well as emergency crews working to try to figure out how to stabilize the structure. i'm told that there were other crews here, structural engineers, trying to pinpoint how exactly they would stabilize this structure because, again, that is their biggest concern at this time. the hard rock hotel was set to be opened in 2020. we did a story a few days ago about the revitalization in this area. it's been the target for a lot of renovations and reworkings including the sanger he theater right next door to the hard rock hotel, which was redone after hurricane katrina, a little while ago, and multimillion dollar project that unfortunately has been impacted. we're told there is now a hole in the sanger theater and the broadway production, wicked, has been canceled until further notice. there are people living in the

sanger theater and those folks were unable to go back to their homes, some of them, who said they were unable to reach their loved ones but they did locate those initially or eventually. live in new orleans, katherine mazone, fox news. eric: katherine, pretty chilling reporting. arthel: thank you to our team at wbue. the turkish military claiming to have captured a he key syrian border town which would mark its most significant gain as they continue their military operation against kurdish forces in northern syria. the offensive forcing tens of thousands of flee as international criticism mounts. protesters gathered outside the white house to condemn the turkish assault on the kurds. >> i'm angry at turkey. let's also be honest about why this is happening. president trump gave them the

green light to do this. >> we are committed to oural lies. we'll stay that way. we're going to proceed smartly, given the actions. understand, president trump didn't cause this action. it was caused by turkey. arthel: stev steve harigan he latest. >> reporter: no sign of a slowdown. just adross border, into syria, their goal the they say is to create a buffer zone 20 miles deep into syria. they're calling this an anti-terror operation. you can see plumes of smoke rising from different villages and towns along the border. there have been air strikes as well as shelling. turkey claims to have taken its first major city away from the kurds across the border in syria. they also claim to control several highway as well. it's hard to get an accurate count of the death toll on each side, both sides exaggerating the number of fighters killed but there have been civilians killed on both sides as well, roughly 20 on the turkish side,

the same on the kurdish side and there is chaos as people try to flee the fighting. they're heading south as fast as they can, families loading up what they can carry in an effort to escape from the carnage. the u.n. estimating as many as 100,000 people on the move, trying to flee from that fighting. there has been intense international criticism of turkish president erdogan for the military offensive but it hasn't seem to have budged him a bit. the u.s. has threatened financial sanctions against turkey, they've threatened serious consequences but no actual measures taken. president erdogan says he expects to continue the military of operation until in his words every last terrorist is neutralized. back to you. eric: with the focus on the military a assault against the kurds, there's fears of a looming humanitarian crisis. the u.n. says it could be, quote, catastrophic. let's bring in the director of

public affairs at sem medical which provides medical and humanitarian aid to refugees. what type of reports have you been hearing on the ground on the humanitarian worries and what could happen. >> hi, eric. thanks for having me on. as with you heard, there have been a number of kurdish people from that area, from the northeast area, who have been starting to flee, 100,000. we're seeing potentially 300,000 more refugees coming that way. what's important to remember is that the kurdish military fractions, they don't represent the kurdish people. we've seen numerous times where if there's any sort of dissent from both kurdish and arab populations, that the ypg has come down on force on those people. they've i'm prisoned them, -- imprisoned them, tortured them and killed them. the ypg is not a friendly force

to the kurdish people. it's important to stress that all civilian lives need to be protected. syria is a multiethnic, multireligious country and the ypg is a minority of a minority. we need -- eric:-eric: erdogan in turkey considers them a terrorist group. we have reports of upwards of 100,000 could have fled their homes and this continues as he tries to build out that buffer zone that he wants and he's doing it amid international condemnation and now the president says it's a bad idea. so what would you suggest in order to try to have this stopped? >> that's right, turkey does consider the ypg a terrorist organization. they're backed also and supported with the pkk, which not just turkey considers a terrorist organization, but also the united states considers a terrorist organization. i think what needs to happen is -- i can actually understand

turkey's insistence on having this 30-kilometer buffer zone on their border. but if turkey expands beyond that, there needs to be pushback on turkey about that situation. and so i think the most important part is that a safe zone does need to be implemented. syrians need to be able to have a safe place to seek refuge from the assad regime, from the russians, from iranian backed irgc, from hezbollah, and the people -- we're talking about the people in northeastern syria. what's also incredibly important is that we need to think about the over 3 million people who are currently being bombed by russians and assad regime, those people -- eric: we only have a minute left. you hit it on the head. russia is continuing to carry out attacks against the civilian population of syria and we're seeing it play out in real-time in the north. >> that's right. and a we keep getting

sidetracked and focusing on isis. isis was a symptom of the war. the real disease was assad and assad was what brought in russia and iran and has created this safe haven for terrorism to breed in syria. and that's what the united states needs to push back on. we can't let what happened in iraq happen here in syria. we pulled out prematurely out of iraq in a war that we probably shouldn't have been there to begin with, but we did pull out prematurely and that he created a situation where isis was able to thrive and us pulling out of all the work that we've done and put into syria now is going to let isis re-establish itself and create havoc. eric: finally your advice and thought about what we should do? >> well, like i said, what we need to do is we need to create a safe zone for syrians in the northeastern syria. we need to protect all of the areas that are under the

opposition control, under turkish control and under the scf control. we need to invest in those areas and invest into the syrian people that are there and push back. we need to remember and re-establish that assad is the cause of this war. and assad cannot protect syrians. syrians do not trust him and they will not return back to syria under assad's control. eric: what sa.eric: the area o troubled, seen far more than its share of hair records. thank you -- horrors. thank you for your work. chris wallace will sit down with mark esper tomorrow on fox news sunday. you'll want to see that as the defense secretary defends the administration's position, saying -- talking about turkey and this operation, that will be on fox news sunday which is on your local fox station or here on the fox news channel at

2:00 p.m. and 7:00 p.m. arthel: fallout continues from the tweet heard around the world. the latest on the nba's response to china's action as the league plays games in asia. eans ♪ ♪ to walk along the lonely street of dreams ♪ ♪ here i go again on my--- you realize your vows are a whitesnake song? i do. if you ride, you get it. geico motorcycle. 15 minutes could save you 15% or more.

thenot actors, people, who've got their eczema under control. with less eczema, you can show more skin. so roll up those sleeves. and help heal your skin from within with dupixent. dupixent is the first treatment of its kind that continuously treats moderate-to-severe eczema, or atopic dermatitis, even between flare ups. dupixent is a biologic, and not a cream or steroid. many people taking dupixent saw clear or almost clear skin. and, had significantly less itch. that's a difference you can feel. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection.

if you take asthma medicines, don't change or stop them without talking to your doctor. so help heal your skin from within, and talk to your eczema specialist about dupixent. eric: the rivalry between the texas long horns and oklahoma sooners, it got extra fiery before today's game started. mid-field, they had a skirmish, with unsportsman like conduct penalties for each player. oklahoma went on to defeat texas, 34-27. arthel: the nba now canceling all media availability for the rest of its china trip. that decision announced yesterday. this is before this morning's game there between the los

angeles lakers and brooklyn nets and it comes as fallout continues over the houston rockets general manager showing support for the movement in hong kong on twitter. the team shutting down reporters thursday when players were asked about off-court issues. >> i just wonder after the events of this week and the fallout we've seen, whether you would both feel differently about speaking out in that way in the future. >> excuse me. we're sticking to basketball questions only. >> it's a legitimate question. this is an event that happened this week during the nba -- >> the answer -- >> this particular question has not been answered. >> any other questions? arthel: and crickets. let's bring in andrew brandt, the executive director at the center for sports law. so andrew, first of all, your reaction to all this thing

started, how quickly it caught fire and who is getting burnt. >> my reaction is there's been no support for daryl morey. i know adam silver, the commissioner of the nba, has gone back and said we support all our people but there's been silence, crickets, in any type of support about this tweet. now, listen, the nba responded saying this is regrettable he said it and that's what started this whole firestorm. they have backtracked, supporting him and that caused major disruption with chinese business. my reaction is, the nba when it gets down to it, it's business first. and they have to please china before they support daryl morey, even though they've supported other employees in their criticism of different issues in this country. arthel: let's play some sound from mr. silver, adam silver, the nba commissioner, and jason whitlock, the host of speak for yourself on fox sports one. >> we are not apologizing for

darryl exercising his freedom of expression. i understand that there are consequences from that exercise of in essence his freedom of speech and we will have to live with those consequences. i'm similar b similar pathetic - sympathetic to our interest here and our partners who are upset and i don't think it's inconsistent on one hand to be sympathetic to them and at the same time stand by our principles. >> i think lebron james, adam silver, the commissioner, league, they're all being told basically by china, nike, shut up and dribble, just play basketball and that's what they're doing today. and you know, this provides them a level of protection, they won't say anything stupid or say anything that further irritates the relationship with china.

arthel: andrew, how do you see it, are the players' civil rights being compromised in any way? >> no, i just think it's interesting because this is a league that has been known for being very expressive about human rights, civil rights, human liberties. when it comes to this, they're being told or they feel like they're not going there. and what's interesting is because the nba has maintained this progressive approach, whereas other leagues,ing you, w they're business first, you know they're not going to wade into this but the nba has. my reaction is, the nba, we're learning they're like the other leagues. they have a $1.5 billion deal with ten cent, a digital media company in china. they're protecting that interest over the interest of individual expressions. arthel: they're not alone. there's a list of other companies caving to china's demands, nba, and you've got apple, activision, blizzard, which is a gaming company. so when you look at this,

though, from the perspective of business and commerce versus democracy, is there a way to separate the two or is this the early stages of the melding of the two with one controlling the other? >> well, i think adam silver as we talked about, the commissioner is really doing a tight open rope. he's trying to -- tight rope. he's trying to protect his business interests with china which were damaged this week but i think the damage is temporary. it's all about maintaining what happened this week. they're not going to lose these deals. china is suspending relations. they didn't televise the games. that was all temporary. but i think adam silver and the nba cannot get out of china soon enough. this episode did not go well because as i said, on one hand they stand for free expression, they're a progressive league. the commissioner supported things like taking a stance against bathroom bills and advocating for sports betting and throwing out an owner who made rateist comments -- racist comments.

all these things have happened with the nba but in terms of comments and expression, now, when you get into he global business, there's been a backing down of that kind of freedom. arthel: give me a short run on this, really quickly. does the u.s. president have a place in this, can he insert himself to protect free speech and these players as well as maintain the business relationship in china? >> yeah, that's a tough one, because i think the players feel no impunity in criticizing him or the coaches we talked about. they're not going to enter into this. i don't think they want to get into a back and forth with the president about this issue. i think what can happen here is that these players and coaches are staying in their lane right now. we'll get back to another issue, where i'm sure they'll pop up and of course there will be a back and forth ha with leadershp in the country. arthel: we have to leave it there. thank you very much. eric: it's been america's longest r war. afghanistan appears to be

entering a new phase of political uncertainty. we'll have a look at that from the ground, next. you don't see psoriasis. you see clear skin. you see me. but if you saw me before cosentyx... ♪ i was covered. it was awful. but i didn't give up. i kept fighting. i got clear skin with cosentyx. 3 years and counting. clear skin can last. see if cosentyx could make a difference for you. cosentyx is proven to help people with moderate to severe plaque psoriasis find clear skin that can last. don't use if you're allergic to cosentyx. before starting cosentyx, you should be checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen. serious allergic reactions may occur. see me now. i'm still clear. how sexy are these elbows? get clear skin that can last.

ask your dermatologist about cosentyx.

get clear skin that can last. that's it. i'm calling kohler about their walk-in bath. nah. not gonna happen. my name is ken. how may i help you? hi, i'm calling about kohler's walk-in bath. excellent! happy to help. huh? hold one moment please... [ finger snaps ]

hmm. the kohler walk-in bath features an extra-wide opening and a low step-in at three inches, which is 25 to 60% lowr than some leading competitors. the bath fills and drains quickly, while the heated seat soothes your back, neck and shoulders. kohler is an expert in bathing, so you can count on a deep soaking experience. are you seeing this? the kohler walk-in bath comes with fully adjustable hydrotherapy jets and our exclusive bubblemassag. everything is installed in as little as a day by a kohler-certified installe. and it's made by kohler- america's leading plumbing brand. we need this bath. yes. yes you do. a kohler walk-in bath provides independence with peace of mind. call... and ask about saving $1000 on a walk-in bath, or visit kohlerwalkinbath.com for more info. eric: political uncertainty has been swirling in afghanistan over the results of its presidential election. polls may have closed two weeks ago amid accusations of fraud, misconduct and continued insurgent attacks but both

contenders are claiming victory and the peace talks to end the war with the taliban, they remain on hold. kitty logan has more. >> reporter: counting is still ongoing in afghanistan's election and initial result isn't expected until at least next saturday and a final official result won't be for two weeks after that. organizing a vote in afghanistan is as ever a challenge. firstly, due to security concerns and taliban threats to target polling stations. but also logistics, bringing in ballots from remote areas and counting them takes time. turnout was low partly due to security concerns although official figures aren't yet released. the frontrunner to win is the current president. but if he doesn't get over 50% of the votes, there has to be a runoff. if that happens, it will underscore the credibility of the vote but it will further delay the final outcome, creating more uncertainty.

the president's main rival is dr. abdullah abdullah who was the runner-up in the last afghan presidential vote. that result was disputed over fraud allegations and already now before the result is even announced dr. abdullah is tweeting to urge election officials to monitor voting irregularitieses, the result yet, no evidence of fraud and many consider the fact that the election was held at all amid a backdrop of violence was a significant achievement. however, with peace talks stalled, that violence continues. on friday, several people were injured in a series of explosions in the east of the country. and if there is a runoff vote, that might not happen until as late as next spring. until then, the country remains in political limbo and it could well be that the taliban and other insurgents exploit that uncertainty. in london, kitty logan, fox news.

arthel: plunging temperatures gripping parts of the u.s. where it will soon feel like november. meteorologist adam klotz joins us next with the forecast. rbs o? eh, not enough fiber. chocolate would be good. snacking should be sweet and simple. the delicious taste of glucerna gives you the sweetness you crave while helping you manage your blood sugar. glucerna. everyday progress. ... and you can head to a dealership and get paid, today, right now.

there are lots of people who are confused about which medicare plan is right for them. hey, that's me. i barely know where to start. well, start here with me, karen. i'm a licensed humana sales agent. well, it's nice to meet you, karen. i'm john smith. hi, john. at humana, we know you're unique. so you have different needs from other john smiths. yeah, i've always thought so. and together, we can

find a plan that's right for you. great! i go to the doctor a couple of times a year. and i have some prescriptions. but i'm never fully sure of what's covered and what's not. with humana's all-in-one medicare advantage plans, you get coverage for hospital stays, doctor visits, and part d prescription drug benefits. all for an affordable, and sometimes, no monthly plan premium. do you have any more information? sure. i'll get a decision guide in the mail to you today. they're free. finally. someone who understands the real me. your health and happiness is important to us. call or go online now to get your free decision guide. call a licensed humana sales agent today. biopharmaceutical researchers. pursuing life-changing cures in a country that fosters innovation here, they find breakthroughs... like a way to fight cancer by arming a patient's own t-cells... because it's not just about the next breakthrough... it's all the ones after that.

>> days after a storm dumped more than a foot and a half of snow across parts of the dakotas some november-line cold is moving into the region. meteorologist adam klotz has more. adam? >> whoa i know it's feeling like winter out there and it is indeed a big part of the system that dropped snow across

portions of the upper midwest, and then stretching back to the northern plains. this is that system still a little bit of snow really wind ing down at this point we're looking at areas of snow causing winter weather advisories and i do think the snow impact of this is going to win to settle but what we'll continue to see is all of the cold air on the back side of the system continue to be pulled in so these are the temperatures folks woke up to this morning and you see spots getting down into the teens, but even widespread numbers down into the 20s so as far south as oklahoma city 28 degrees, a large area that woke up to freezing temperatures, unfortunately this is all going to continue to spread so here is our future forecast you continue to see that circulation pumping in this cold air so by tomorrow morning again a large area with temperatures sitting into the 30 s, into the 40s and portions of the midwest 38 degrees in columbus and it warms up a little bit during the day but then again monday morning you're looking again at these cold temperatures getting down into the 30s down close to freezing guys feeling a little bit like

winter here in october. >> pretty shades of blue just too soon to see them. >> i agree. >> adam klotz thank you. >> it was not like that last weekend. all right see you tomorrow. >> there's a reason for it. >> just minutes from now president trump is set to address supporters at the value voters summit in our nations capitol, and house democrats, where impeachment is moving full steam ahead and good evening i'm john scott and this is the fox report. the president's appearance comes a day after the former u.s. ambassador to ukraine gave a closed door interview to house lawmakers and she accused the president of pressuring the state department to out her from her post. democrats hailing it as key testimony as they look into the president's dealings with ukraine, that sparked a whistleblower complaint. but some republicans echo the president, who writes it off as a witch hunt. >> people are worried about our national security.