>> dana: thank you for joining us, i'm dana perino. i will see you on "the five" in a couple hours. john roberts, did you hold up okay after the week? >> it's nice to be on my feet for a change. >> dana: no kidding. >> thanks so much, dana. >> dana: bye-bye. >> jon: investigating the investigators we are getting details from the much awaited horowitz report about surveillance of the trump campaign before he became president. we will explain what this reveals. suicide by manslaughter? a woman is facing charges in her boyfriend's death even though he took the fatal jump. and today, she came to court. also, a big unveil fails, the must see moment elon musk's biggest dream gets shattered. but, first: breaking right now, president trump and senator mitt romney in the same room and it is getting heated. not about the two men's long standing rivalry but about vaping and sounds like the president is about to make some big changes that could shake up the entire industry. we will bring you video from

the meeting just as soon as it comes. in reporting begins now. ♪ >> jon: fox news reporting begins with an fbi lawyer who may have manipulated a document connected to the surveillance of a former trump campaign advisor carter page. that's according to the reporting 6 "the washington post" and others as the justice department's inspector general wraps up his final report on the origins of the russia investigation. good afternoon, i'm john roberts. back in 2016, the feds obtained a secret surveillance warrant to monitor carter page's communications. he has never been charged or accused of any wrongdoing. for years, president trump has repeatedly called the russia investigation a hoax and a witch-hunt. the inspector general expected to release his final report in the next couple of weeks. david spunt reporting live from the justice department for us this afternoon.

david? >> >> john, republicans and democrats have been chomping at the bit for this report to be released it's going to be released two weeks from monday, that's on monday, december 9th. it's going to tell us if the highest levels of the government improperly spied and surveilled on this former trump campaign advisor carter page. so reporting out there is indicating that a former fbi lawyer, john, described as low level by "the washington post" may have changed the document to obtain that fisa warrant to surveil page. the post goes on to say that the former fbi lawyer was fired and alleged modification of the documents did not affect the credibility of the overall fisa application page was on with maria bartiromo this morning. >> there has been a continued cover-up to this very day. we still don't have the truth. hopefully we will get that soon. >> the revelation is part of the long awaited department of justice inspector general's report on alleged fisa abuse. that's going to be unveiled

on the 9th. two days later michael horowitz will be on december 11th he will testify before the senate judiciary committee. the president this morning, john, called the release of this report historic. >> this was spying on my campaign. something that has never been done in the history of our country. this was an overthrow attempt at the presidency. >> page was infer charged with a crime but it's important to note on the 11th we will hear questions from michael horowitz with the senate judiciary committee, john? >> david, there is another report that we are waiting on? >> yeah, there is, that's the john durham investigations. the origins of the russia probe and the russia investigation. we may know it was administrative. it's now criminal. so we may know when the fisa report is released why the durham investigation is criminal. no word on when that is going to be released. they tend to keep things pretty quiet around here at doj, back to you.

>> a lot to look forward. to say david spunt at the department of justice. let's bring in johnson a professor of georgetown university law center. she also worked as the assistant secretary for legislative affairs at the department of homeland security in the obama administration and served as a colonel in the army's jag corps. mtia, how serious does this allegation appear to you? >> thank you. it's very serious, particularly because the foreign intelligence surveillance act sets up a very detailed process for how fisa applications are approved so to the extent if on the front end information was manipulated in order to obtain an approval that is i object credibly serious. >> as david was reporting, this appears to be a low level attorney who is not working as we understand for the higher ups at the justice department that we know of, you know, publicly.

came up with some information, that didn't really exist and then crafted an email to back up this documents that he said he had that he really didn't have. i mean, that's a startling accusation. >> yes. and that, i just learned of that with you -- with your recitation just then. i had not read that before i came to the interview. but, certainly, as had been reported, that although these irregularities occurred on the inspector general said that it did not undermine the validity. whether it was a material fact, we will have to wait and see. at the end of the day, the -- in order to have a fisa application approved, it has to show that the target of the surveillance is either foreign power or the agent foreign power. that just like have you in a criminal case.

obviously, whatever the material was that this attorney inserted into the application or created, did not go to that probable cause standard. >> now this attorney apparently accord ing to "the washington post was forced to leave the ago after the alteration was discovered. that suggests that the fbi has known about this for quite some time. yet, it's only coming out now. >> i don't want to speculate on that. the attorney may have been forced to leave because of bad performance overall. i mean, an attorney who feels that they can create an email to support a document that does or does not exist probably has had problems in other areas and so, i don't want to necessarily draw that link. i don't have any information whatsoever with regards to that. >> we should also point out that this information will likely come out, if it's on december the 9th, with a hearing in the senate judiciary committee on the 11th.

potentially right in the middle of the house judiciary committee proceeding with an impeachment inquiry. so, it could certainly make things colorful. m. tia johnson, thanks so much for being with us. i appreciate it? >> thank you for having me. >> president trump says if he gets impeached, he wants a trial. but there is a lot to get through before lawmakers get to that. we'll check out the next stepping in impeachment and explain how this could all unfold. from all of the journalists at fox news, this is fox news reporting. ♪ without my medication, my small tremors would be extreme.

without it, i cannot write my name. i was diagnosed with parkinson's. i had to retire from law enforcement. it was devastating. one of my medications is three thousand dollars per month. prescription drugs do not work if you cannot afford them. for sixty years, aarp has been fighting for people like larry. and we won't stop. join us in fighting for what's right.

>> john: president trump says he wants a senate trial as house democrats inch closer to drafting articles of impeachment. here's what the president said on the fox news channel this morning. >> all of those witnesses, they are all shifty schiffs. don't forget there is no due process, you can't have lawyers. we couldn't have any witnesses. we want to call the whistleblower. but do you know ohio want as the first witness because, frankly, i want a trial. >> john: this comes after

marathon hearings on capitol hill this week when more than a half dozen witnesses testified about what they know surrounding the events of the president's july 25th phone call with ukraine's president. when congress goes on thanksgiving break it's not entirely clear what's up next in the battle over impeachment. chief congressional correspondent mike emanuel reporting from capitol hill. mike? >> i'm told republicans and democrats on the house intelligence committee are crafting their respective reports. that will be after the thanksgiving break transmitted to the house judiciary committee. then it's under the auspices of gerald nadler the new york congressman who would be chairman of the house judiciary committee. he could potentially call witnesses for more public hearings. if so, the white house would like to participate, would like to have their lawyers involved. and then his committee would craft articles of impeachment. several democrats told fox today they want to see those recommendations. >> i want to see what the judiciary committee is going to recommend. but, let me tell you, i was more than disturbed by

things that we heard. and, by the way, i think that we need to look at what the president's behavior is right now. why are we using such language that's taking this country and putting it in the gutter, period. start there. >> after judiciary crafts its articles of impeachment, it would then go onto the house floor and then it could potentially come up for a vote right before christmas. john. >> john: debbie dingell articulated the democrats position. how are republicans reacting? >> republicans are saying they are unified. they make the case that they do not believe house intelligence chairman adam schiff closed the deal. here's a sample of the republican side. >> what we all agree is this is not an impeachable offense here. and at the end of the day, every allegation they have made, quid pro quo, bribery, extortion, nobody has any of that. it's very plain to see what they have been doing, what they have been doing for the last three years. >> assuming democrats have the votes in the house.

it would then be on not senate for what we are hearing, john, a trial that is expected to be two weeks or so, early next year, john? >> john: mike emanuel in the halls of capitol hill this afternoon. let's bring in fox news sunday anchor chris wallace. chris, do you expect from what you are hearing there in washington that this will, in fact, end up with hearings in the house judiciary committee? >> well, i'm not sure whether there are going to be hearings or not. it is certainly going to go to the house judiciary committee. i guess they will have to have hearings because they would have to mark up articles of impeachment. >> whether or not they are going to have hearings and hear from witnesses is a diffedifferent matter. one thing that's out there john bolton the former national security advisor, he has a case in federal district court on december 10th, and he's basically saying to the judge, look, i have got an order from the white house not to appear. i have got an order from the house to appear. you decide separation of powers. and if the judge were to say no this is a house

impeachment inquiry, that constitution. they take precedence. you can testify. i think there is a possibility that former national security advisor john bolton could testify before house judiciary. and that would be a big deal. we don't know how -- what he would say or how it would go. but he is much any of the witnesses we have heard from so far. he was in the oval office every day talking to the president and have a much clearer sense of exactly what the president's views were and his actions were when it came to -- with regard to ukraine. >> john: clearly he would be a very valuable witness if indeed he were called. let's get back to the idea of hearings judiciary committee. under the guidelines of the rules that were drawn up by adam schiff, the intention committee chairman, it's not until it gets to the judiciary committee that the president is allowed to participate, call witnesses, cross-examine witnesses. so if there weren't hearings, wouldn't that deny the president due process? >> well, it's an interesting

question. first of all, there is a clause in the house resolution which the republicans are very much grumbling about. what it says is that in the judiciary committee the president's lawyer can participate unless the white house continues to refuse to allow witnesses to be -- to appear and documents to be turned over. that's the position the white house has taken under the separation of powers executive privilege. now, if they continue to refuse and i don't think there is any reason to believe the white house would drop its stance on that. then the house judiciary committee chair jerry nadler can refuse to allow the white house lawyer to appear and to participate in this. but, to just to go back. if you look at the clinton impeachment hearing, back in 1999, david kendall, who was then the lawyer for bill clinton, was able to participate, able to question witnesses and even able to cross-examine ken starr, the independent counsel in that case. in this case, move that

forward, the independent counsel in effect would be adam schiff presenting the report from the intelligence committee. so imagine a white house lawyer cross-examining adam schiff? >> john: if this does go to the judiciary committee and judiciary committee votes out articles of impeachment and they are voted on in the affirmative by the house it, then goes to the senate, president trump today said that he would invite a trial in the senate, and there is a whole bunch of witnesses that he would like to call. is it possible that the republicans could turn the tables on the democrats, should this go to the senate? >> well, i talked to a senior administration official today who said that if there is a trial, they would like to call, basically, all the witnesses that republicans wanted to call and the intelligence committee hearings. the whistleblower. hunter biden, nellie ohr of g.p.s. involved with the russian dossier, the steele dossier. all of those people and adam schiff as a fact witness. yes, if you get in a trial like that, i think the white

house lawyers and republicans in the senate would like to call all those witnesses, of course, then the issue is, county democrats call the witnesses they want in a trial in the senate? for instance, mic mulvaney, john bolton, mike pompeo, even conceivably the president of the united states. so that's -- it's an interesting road for the republicans to go down but it has some risks, too. >> john: now, in terms of calling those witnesses like bolton and mulvaney, is the president able, do you know, to exert privilege or claim privilege and keep them from testifying? >> well, he can exert it. but it would obviously go to a court to decide and, you know, i guess the argument of democrats in the senate would be this is in the constitution. there is nothing more powerful than the right of congress to impeach and then try the president. that would be the position on which the congress would have its strongest argument that we should be allowed to you hear evidence. >> john: which is why this december 10th hearing before a federal judge with the

charles cooperman, john bolton case is important. because if the judge rules that kuperman does have to comply with the subpoena, then maybe anybody who is subpoenaed by the senate might have to testify. one last question for you, chris, the point that the republicans were making all week during the hearings was where is the evidence for an impeachable office? did you see any? >> well, i'm not -- i just report this stuff. i don't opine on it. but, the answer is as we have talked about all this week as we all sat there and watched every minute of the hearings, john, look what is an impeachable offense it's whatever 218 members of the house say an impeachable offense is you know, it's a very gauzy, extortion or rather bribery, treason, very specific. high crimes and misdemeanors can mean anything you want it to. and in federalist 65, one of the federalist papers, alexander hamilton talked about an abuse of power

without much of a description of what an abuse of power is. in the end, think of the impeachment, we have had everything from a blue dress to watergate as a potentially impeachable offense. where this fits in the spectrum if it does at all, the answer is the majority of the house decides what an impeachable offense is. >> john: we have another dress in this one is it the blue dress or the gold dress that you see? we will see. certainly we will have lots to talk about. chris, thanks so much. this weekend on "fox news sunday" chris talks with california congressman eric swalwell, a democrat on the judiciary and intelligence committees. that is this sunday on your local fox station, check the tv listings for the time in your area. ♪ >> john: and breaking news, president trump meeting at the white house with stakeholders from all sides of the vaping debate. and it sounds like he may announce some big changes that could shake up the industry. interestingly, senator mitt romney, one of the president's fiercest is

seated by the president's side. this has been going on for some time now as the president has allowed what's called the pool in to listen to the entire debate that's been going on there in the cabinet room. so let's listen in for a little while to this video, which is now playing out live. >> so what we are seeing and others here will talk about in more detail, kids becoming addicted quicker, unable to quit, suffering extraordinary withdrawal symptoms. >> what would you do matthew? >> i think the answer is having worked on this issue for 35 years, i would, in fact, eliminate the sale of any flavors that haven't been approved by the food and drug administration. we are talking about a temporary step in order to prevent the continued dramatic rise up there. fda has the authority then to review these products and if any of them comply and people can demonstrate do they actually help people quit and if they don't unduly appeal to kids, then they can be marketed. what we have seen now though

is just the opposite. we have seen an epidemic among our kids that i haven't seen in ever before. we now have more kids using nicotine products than at any time in the last 20 years. and what's more disturbing about it, is that 34 % of the kids who use these products, use them more than 20 days a month which means they are hooked. they can't quit. we have stories of young people who say i started it because it was cool and literally within days i lost control. kids sleep with these products because they need to wake up in the middle of the night. this is something we can do something about. fda has the authority to review these products. the question is what should we do in the interim with it? and because we have seen no increase -- >> -- what would you do. >> i would eliminate the flavors, all of them except for tobacco flavors. >> what about menthol? >> well, what we have seen is two years ago juul said they were going to make

mango less. people moved immediately to mint. now if we eliminate mint. you know the number one ingredient in mint is? it's menthol. we already have some companies that have multiple versions of menthol and many of them taste a lot like mint. and so, unless fda actually constrains something very narrowly, it's one of those big pandora's box that we can't get out of. >> yeah. and you are the head of juul. >> yes, sir. >> so what do you say? >> when i came into the job, we decided that action needed to be taken. we agreed this was a serious issue. we already removed our flavors from the market. most recently we removed mint. for us that was 70% of our business. it was a big step for us that felt it was the right thing to do with the youth data that came out and deal with this issue. today we are left with a tobacco and men that.

>> that's regardless of age. >> we took it out. we took out all of our flavor including mint. we sell menthol and tobacco. we will defer to the fda. >> who makes the flavors? you are the biggest of the group. who makes the flavors? different company? >> different companies. >> they continue to make flavors. >> yes. >> mr. president, we are the second largest vaping company. for every juul product one enjoy used. used for juul. it's not necessarily a flavor problem. there are two unassailable facts. the youth problem is a huge problem and flavors definitively contribute to it. but, on the other hand, the other problem, which is macroto this situation is that if you ban flavors, which there is some public health redeeming virtue to doing so, 100,000 americans are going to lose their jobs. it's not disputed by anybody in public health. >> losing jobs? >> community and vape shop. >> that's the number is -- >> they will lose their jobs. >> i would like to finish.

>> fair enough. >> they sell exclusively flavors. so the question really is, i don't think we need to argue the virtue of youth not using these products. we all agree that they shouldn't. enjoy, reynolds american represents number two and three in the country. 8 in the absence of juul represent the balance of the electronic cigarette market 1.2 and 2.4 youth lose. >> where is reynolds? >> we believe that you can market flavors responsibly, in president. 90% of our youth consumers are above the age of 25. >> you are still doing flavors. >> yes, we are. >> juul is not doing it. and you are doing it. that's interesting. right? >> sir, i think the issue or the opportunity here is to make a deal for the industry to come here and say we -- >> -- that's why i have you here. do something for everybody. where everybody is happy. the one thing i see though, you watch prohibition, you look at, you know, with the alcohol, you look at cigarettes, you look at all, if you don't give it to them, it's going to come here illegally.

>> yes. >> they're going to make it? >> believe that. >> instead of reynolds or juul or, you know, legitimate companies, good companies making something that's safe, they are going to be selling stuff on the street corner that could be horrible. that's the one problem i can't seem to forget. i mean, i have seen. >> you hit the nail on the head, mr. president. >> you have to look at the history of it. now, instead of having a flavor that's at least safe, they are going to be having a flavor that's poison. that's a big problem. >> sir. [multiple people speaking] >> very large cigarette companies at the table. most of the members of our trade association are small, mom and pop shops. they are small manufacturers. they are small businesses that have built this industry from the ground up. not from the top down. >> so what are you saying? >> we say you have to implement, as you said, this is a complex problem. you need a sophisticated plan. a flavor ban will not work and have you articulated one critical reason why it will not work. people will just go to the

black market. that's because adults are demanding these flavors. >> doesn't that happen. you just ended your flavors, right. >> [inaudible] >> isn't that just going to be sold illegally? somebody is going to open up a shop in china and ship it in with flavors and you don't know what standard you are getting? isn't that a problem? >> we already see that in europe. if you go to a bo bow did he goe gogega. you can buy mango. >> copy cats from china. >> we have china counterfeit products on the market today. here with very focused on sen forcement to get these products off the market. >> china counter? >> counterfeit products that we're not producing that are on the market today. >> how bad are they? how bad are they? bad product, right? some n. some cases? >> the issue is you just don't know. >> we have 5.3 million kids who are addicted in separate

from the lung disease. 5.3 million kids, a million kids a day are using these products repetitively with addiction. since the flavors have been introduced, we have seen ad mamediocre rise. >> john: as we watch this unfold in the cabinet room this was a lengthy what they call pool spray as the president was meeting with a number of interested parties in the vaping debate, including juul, which is the biggest ecigarette maker. kristin fisher is reporting live from the white house. kristin, we have seen this on occasion where the president allows the cameras to stay in for the debate. i have never seen an industry debate like this in the past and they try to decide what to do about the epidemic of teenagers who are using these products where does it sit right now, kristin. >> you are watching it play out live moments ago. as you mentioned cameras were not supposed to be

allowed into this meeting and then at the last moment it was opened up. what we are seeing is something president trump has done in the past. again, it is still so unusual to see this sort of thing where you have president trump in the middle sort of playing traffic cop as you have supporters and i believe have you guys are going to to go to something else. let me send it back to you. >> country? 92% of revenue flavors. 1.2%. >> this is the largest company and none of flavors. >> you are a different company. we are not juul, sir. >> this is the largest. >> overthousand people. >> 70% of youth according to the national tobacco survey get their social sources friends family or other people 18 years or older. only 8.4%. >> selling e-cigs. 10,000 stores. the kids are overwhelmingly able to get these by 10,000 stores selling flavors. >> not the shape shops. the vape shops are adult only shops. hold on, it's very important

for you to realize it's separate and apart from the convenience stores and gas stations where kids typically frequent. there is a whole separate distribution chain growing up. vape shop that is supplied by a distributer that is supplied by manufacturer. and this is the new vape. >> that is the number one where young people purchase. >> that's not accurate. >> the cdc issued a report just last week that said yes, kids get their vapes from social sources. that's true. the number one -- 16.5% of 9 to 17-year-olds get their vapes from a vape shop. it is the number one retail source. >> much more -- >> -- in the same study it also said that these kids are refused only 25% of the time. if a vape shonchts that contradicts what -- >> that suggests that we should change the rules if somebody illegally sells a

product. it doesn't suggest we should limit adults from access. >> we need to punish people. >> whether a? >> the convenience store industry, as the lady here just said, has seen much better compliance record than adult only stores. we sell a lot of vape-restricted products from, as i said earlier, beer, lottery tickets, and vape products, cigarettes. it is vitally important to our members to do a restrictive product sales properly and that's one of the reasons why our compliance rates are much better than just. >> with flavor or without flavor. >> with anything. if it's printed, w prescripted. i think the argument over flavors. the audience believes and there is strong evidence that flavors help adult cigarette smokers to reduce their risk. there are also a huge

concern about youth being attracted to vape because of the flavors. we have to double down and do really well. >> i got it. why did juul end flavors then. you are the biggest. >> the data came out and we saw the youth usage. it was a serious problem. we felt we would act quickly and removed the flavors. >> so you think flavors are dangerous? essentially? >> when we saw the youth data, we felt the responsible thing to do the leader in the industry was to remove the flavors, given that youth were getting access to flavors. >> you think we should have flavors? >> yes, sir, i do. i think that we demonstrated dee through our business model which is unique to juul that we can build an adult audience of smokers without creating a former smokers without creating a new audience of youth users and demonstrate through the data over the last 12 months enjoy has been the second largest electronic cigarette company in the country. the fda has conducted 146,000 inspections of

retail establishments. we have had 29 violations. by wave comparison juul has had 60 times more violations than us. 60 times. they sell three times more products than us, 60 times more violations. >> why is that? >> because of the way that we have implemented self-police policies that limit youth access. there is no -- nobody can intellectually honestly tell you that can you permanently eliminate youth access. >> what would you say about that? >> what we are focused on doing, mr. president, is getting us to a science based argument. we will fully support the fda in this process. flavors have demonstrated playing an important role for an adult to make an important choice, which is to put down using a cigarette. they can't quit. and switch to a product that has less risks. we think the science argument is very important. that's what we are focused on. we think the f.d.a. is most appropriate to determine what's appropriate for public safety. >> so do you think you have it right now? you are okay? essentially have you gotten rid of the flavor. >> i think we have made the right decision and we are looking forward to following

our -- >> juul removed mango in 2018 and youth use rose. flavors are an issue. they are attractive to youth. >> kids, how about the children? >> yes, sir. >> we have got almost 6 million kids addicted to nicotine. and they are getting addicted to nicotine because of flafersz. 66% of the kids addicted to these products are saying they didn't even know it had nicotine in it they thought it was just a candy type product. it's the flavor that's drawing the kids. in it's a health emergency. i salute the fact that juul has said we are taking these products off the market because we care about our kids. the kids -- the adults have access, the adult have access to menthol products. through juul they have tobacco flavored products. putting out cotton candy flavor and what is it unicorn poop flavor. i mean, look, this is kid products. we have to put the kids first. >> sir,. >> john: what we are watching there play out is a

debate over what to do about vaping and how to keep these ecigarette products away from kids. flavors is at the center of this debate. you heard mitt romney the senator from utah there saying they have all these different flavors including unicorn poop flavors. why is this important? because a number of weeks ago president trump came out with the hhs secretary alex azar and said that the fda was going to ban all flavors in ecigarettes that led to a great outcry from the ecigarette industry and a lot of people on the conservative side of the fence saying that the president was up duly getting involved in private business here. so after promising it for a long time, the president is now having a discussion with interested parties, advocates, as well as the antismoking advocates, as well as members of the industry, including juul the biggest ecigarette manufacturer to try to figure out what to do here. there is a difference of opinion in the industry.

a juul wants to increase the age to 21. and get rid of a lot of these flavors. some of the other ecigarette manufacturers, they are okay with raising the age to 21. but they also want to keep the flavors. this debate will go on. but, eventually, the president is going to have to come up with some sort of a plan. police in hong kong say they will be out in force this weekend to put a stop to any violence as millions of people are expected to head to the polls. in a citywide election. and this morning, hong kong's court reinstated a ban on protesters wearing face masks to try to keep the peace. sunday's vote is seen as a referendum on the violent demonstrations which have rocked hong kong for more than five months now. antigovernment protesters say they want less interference from mainland, china. fox news chief correspondent jonathan hunt reporting live for us now from hong kong. good morning, jonathan. >> good morning from hong kong, john. these district cancel elections this weekend do

not involve powerful positions but they will send a very powerful message about the view of the majority of hong kongers towards the pro-democracy protests that have gripped this city over the past five months or. so we met with one of the leading pro-democracy activists today. joshua wong. he wanted to meet with us outside the central government complex. a symbolic location by his choosing. and he told us time for every hong konger who supports democracy to make their mark at the ballot box. listen here. >> it's time to have the protest woke to express our anger to the crackdown. >> now, we also spoke with one of the leading pro-beijing lawmakers, regina, a member of the executive council. she had an equally straightforward message for voters. listen again.

>> my message sang order. the ability and order. that's the key message. my party is sending out to our supporters. >> so vote as a message to support the chinese central government? >> no. support order and stability in hong kong. now every single member of hong kong wants 31,000 riot police force will be on duty this weekend, john. many of them manning the poll stations. it will be interesting to see what affect the site of those police has on those who want to go to vote. john? >> john: our chief correspondent jonathan hunt has been doing big work there in hong kong and a big weekend ahead. thanks. dozens of fires are raging in southeast australia, causing the worst pollution that the area has ever recorded.

that's according to local news outlets which report air quality there has reached hazardous levels. >> john: a man escaping on a motorcycle after his home burned in one of those fires. this was a few days ago. we just ghouta the video. he said he lost everything to the flames. "the washington post" reports that the fires have killed at least six people and destroyed more than 600 homes. fire officials say extreme heat and strong winds are fanning the flames. several areas in australia are facing intense wildfires but in new south wales alone fire officials say there are nearly 60 that are burning right now. the smoke is so bad it has taken over sydney. health officials there are telling people to avoid outdoor activity. firefighters say they are trying to take advantage of better weather conditions today. the 16-year-old boy who shot and killed two students at

his california high school, then turned the gun on himself, used an untraceable ghost gun. that's according to the l.a. county sheriff. so-called ghost guns do not have serial numbers. so authorities cannot track them. anyone can make one at home with the help of a gun kit or even 3-d printing technology. investigators say they don't know how the teen got this specific gun, but they say his father, who died a couple of years ago, was a hunter, and that they found several other unregistered guns in the family home. more than 40 schools in western colorado remain close today due to the spread of a highly contagious illness believed to be norovirus. the school district based in grand junction calling the spread unprecedented. meanwhile, across the state outlines of colorado springs, the air force academy is reporting that one in every 10 cadets has come down with norovirus since late october. the outbreak does not appear to be related. alicia acuna live in denver

with more on this now. the virus affecting the school is spreading, alicia. >> absolutely, john. the folks at the mesa county public health department tell me that they are now getting reports of abrupt public incidents of vomiting that is a quote. the impact here more than 40 schools with some 22,000 kids, not in buildings today or yesterday. along-term care facility in grand junction colorado has also now confirmed norovirus and three child care facilities are also reporting the same symptoms plus that 400 -- those 400 air force academy cadets that you mentioned that are not considered relate you had. the academy is in colorado springs. the most widespread outbreak is in the western part of the states. not all cases, according to the county health officials are confirmed noro verizon but say they believe most are because they are so similar. that is sudden vomiting and in some cases fever. >> thursday she comes home with a 102 fever.

yesterday we went back to the doctor. we were told what's going on. so every time i send the kids back to school they come home sick. >> we'll have got one week's worth of thanksgiving break so folk also have a break in this area. otherwise, they go back to school a week from monday, assuming they are feeling okay. john? >> john: let's hope that that happens. alicia acuna today. thanks, alicia. a guy jokes to the wife that he would live on the roof until his favorite football team won a game. when she repeated it on live tv he had to keep his word. more than a month later the poor guy really needs a win. you see, he is a bengals fan. we will talk to him live from the roof coming up next. >> ♪ let's go up on the roof ♪ up on the roof ♪ ♪ can you tell me that story again? behind every question is a story waiting to be discovered.

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>> john: this sunday the cincinnati bengals face the pittsburgh steelers and one fan has a little more on the line than most others. jeff lanham is currently living on his roof until his team wins. let's bring in catherine. she has been looking into the story. tell us how it all started. >> so if anybody knows the bengals has been having a pretty terrible season. they are 0-10. but it started at game 4. so jeff was trying to get his wife christie's attention in the bar. and he said just wait one second i'm going to pull a wild man walker. if they lose next weekend. this is wild man walker on the right. he actually lived on a billboard for 61 days waiting for the bengals to win in the 1990s. so the next weekend they went to the game. they got ready for their sunday tailgate. and the bengals lost to the cardinals. but he wasn't totally locked

in until chrissy went on tv and said he's going to do it. >> john: she called him on it and then he had to do it? >> yep. this is where he has been living ever since. >> john: let's talk to him jeff and chrissy lanham are with us via skype. jeff, i have got to ask you i know the guy who advised you lived on a billboard for 61 days. why choose to live on the roof as opposed to give up donuts until they win? >> i had no intentions on even being up here. i just was around when i made the comment. i was -- i don't know, it popped in my head to be on the top of our restaurant. >> john: chrissy, you called him on it. you forced him up on the roof. why did you call him on it like that. >> i guess we really didn't think either one of us that we were really going to lose to the cardinals. we thought that was definitely going to be a win. we were just kind of joking. but then ended up happening. so here he is. >> john: now, we have a picture, jeff, of your tent.

and it looks like there is a holwhole lot of snow up there on the roof along with the tent. what kind of creature comforts have you got in there and how long have you been up there? >> today will be my 48th night staying up here. the snow is no longer here. it's actually probably in the high 40's maybe today. i just basically one of my friends brought a cot or a recliner and then timber ridge brought me a cot and some chairs and some like camping supplies. and i have had a few friends, one brought me a tv, basically that and just couple coolers for food and drink. >> john: so, chrissy, do you miss him or are you enjoying your space? [laughter] >> i miss him. it was an adjustment at first. but, unfortunately i'm starting to get used to it. >> john: we're not sure when he is going to be able to come down off the roof. as we said, the steelers and

the bengals are meeting this weekend. they are in cincinnati. the steelers are 1-3 on the road. they had a five game winning streak snap last week. but the bengals are 0-4 at home. what do you think your chances are, jeff, of being back inside as of sunday night? >> i think cincinnati is going to beat them. i will be down off the roof the 50th day. >> john: chrissy? >> i agree. they have a lot of players out right now. so, i think that's going to be an advantage to us. >> john: well, you are a little more positive than the "u.s.a. today" sports book wire is they are predicting the steelers 24-10. if they don't win this season, jeff, are you staying up there until next year? >> when the bengals' season is over for this year, i'm going to come down and then when they start back up, i will come back up. >> john: all right. well good luck to you. we hope you get down this sunday. thanks so much for joining

us. major league baseball officials are expanding their investigation into alleged cheating by the houston astros. they were already looking into possible sign stealing in 2017. and now they say they are also looking at 2018 and 2019. the astros, of course, won the world series back in 2017 but lost to my washington nationals this year. the team is accused of stealing the cacher's signals to the pitcher and alerting their batter to what is coming. rick leventhal is here with more. this sounds awfully strange. >> apparently there is cheating in baseball. who knew? commissioners say they are talking to people all over the industry including former astro employees and competitors and follow all leads uncovered. probe sparked by pitch his or her told a reporter they used a camera in center field to zoom in on the signs the opposing catcher would signal to the camper. the camera feed was piped into the dugout where players would watch and use some kind of code to alert their batter what that next pitch would be. similar allegations were

made during this year's playoffs when opposing teams suspected astro notice dugout were whistling to alert batters as to what was coming. commissioner rob spoke earlier this week wearing a hard hat after a tour of a new stadium. >> any allegations that relates to a rule violation that could affect the outcome of the game or games is the most serious matter. it relates to the integrity of the sport. >> manfred said there was no firm timeline on when the investigation would be done. wouldn't say what the punishment might be. he does hope for answers before the start of the 2020 season in the spring. meanwhile, what about the 2017 dodgers who lost that world series in seven games. >> trace: i guess they didn't have the signals right. >> apparently not. >> john: rick, good to see you. >> you too. >> john: elong musk unveiling new pickup truck as it did not go as planned described windows as bullet

proof. this happened. >> oh my [bleep]. well than that's was a little too hard. [laughter] >> john: well, if first you fail, try again. that story coming up next. ♪ i played with your heart ♪ got lost in the game ♪ one of my medications is three thousand dollars per month. prescription drugs do not work if you cannot afford them. for sixty years, aarp has been fighting for people like larry. and we won't stop. join us in fighting for what's right.

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at liberty butchemel... cut. liberty mu... line? cut. liberty mutual customizes your car insurance so you only pay for what you need. cut. liberty m... am i allowed to riff? what if i come out of the water? liberty biberty... cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> john: the folks at tesla are working on a self-driving car and they even launched a vehicle into space. they may want to take another crack at their bullet-proof pickup truck. >> sir? >> yeah. >> oh my [bleep] god. well, maybe that was a little too hard. [laughter] >> john: a test of the truck's armor glass didn't go so well. elon musk says his team will fix the problem.

fox business network jeff flock is live in hawthorne, california outside of los angeles, there is a rule that lawyers have in a courtroom, jeff, that's never ask a question that you don't where know the answer. to say tesla could maybe take a lesson from that don't do a test that you don't already know the outcome of. >> yeah. they learned that in the oj simpson trial out here. apparently elon musk was too young when that happened. so there you go. i have got to give him credit. he rolled the dies an dice and e up snake ice. take a look at the unveil it was kind of cool when the truck rolled out and they announced a huge range, 500-mile battery range. it was going to be cheaper than anybody thought. the low end model under $40,000. but then they decided to challenge the windows. something called tesla armor glass. take a look at how that went. well, you saw it a couple times. this never gets old. yeah, there you go. and you know, if that wasn't enough, i got to give musk credit again, not to be

challenged, he decided hey, try it again, give it another shot, throw it at the other window that's not broken yet. yeah, there you go. oh well. listen to what his reaction was after that sort of came clear. >> you know, [inaudible] >> well, you didn't hear it maybe there he essentially said, you know, we threw everything at it in tests. we threw the kitchen sink at it and it didn't break. we will fix it post. how many times have we heard that in our career, john. lastly i would show you one video he showed. is this going to be a niche video or a challenger to the f-150? there was a tug-of-war depicted between the f-150 and the cyber truck. the cyber truck won. that was a tesla supplied video. john chron does seem to have a pretty good toeing toe towing

capacity. >> a good news car. >> john: could be. stocks up 107 points. neil and "your world" is coming up next. most? >> neil: well, thank you, john. and bring it on. president trump says he would welcome a senate trial. but would a trial help or hurt? welcome everybody, it's friday. i'm new zealand. i'm neil cavuto: democrats could decide as early as next month on whether to proceed with impeachment. to mike emanuel on capitol hill keeping track of it all. michael? >> neil, good afternoon, yeah, first house intelligence republicans and democrats are crafting their respective reports. then some time after the thanksgiving holiday, you can expect house intelligence republicans and democrats to send those reports to transmit them to house judiciary. their findings after marathon hearing session