happening now hment investigation. abc news confirming secretary of state mike pompeo was listening in on the controversial call between president trump and ukraine's president. this as we learn new details about the whistle-blower who sparked the ukraine scandal and their firsthand knowledge. plus, the battle brewing as democrats subpoena rudy giuliani. breaking overnight, a massive show of force. china showing off a ballistic nuclear missile that's believed to be capable of breaching u.s. anti-missile technology. game changer. california passes a law that will let college athletes get paid for endorsement deals. who is now speaking out against the idea, and what happens next? plus, the breaking news overseas. a bridge collapses sending a

truck plunging onto boats below. several people reported missing. the controversial study claiming red meat isn't that bad for you. nutritionists fight back. and from this pornography prank on a highway billboard to this problem spinning out of control at the airport, to this garbage bin that takes itself to the curb, all of the trending stories to jump start your tuesday morning. good tuesday morning, everyone. i'm elizabeth hur in for janai. >> and i'm kenneth moton. we begin with new details overnight from the impeachment investigation as president trump pushes to learn the name of the whistle-blower in the ukraine scandal. >> abc news has now confirmed secretary of state mike pompeo was on the phone call when president trump urged the leader of ukraine to investigate joe biden. meanwhile, house democrats have now subpoenaed rudy giuliani, the president's personal attorney.

live >> abc's serena marshall has the latest from washington. serena, good morning. >> reporter: kenneth, elizabeth, good morning to both of you. the white house and president haven't pinpointed what exactly about that is inaccurate but continues to stand by his declaration it was perfect. in a new twist secretary of state mike pompeo also on that controversial phone call with the president and the president of ukraine, multiple sources told abc news. one week ago when he was asked about call -- >> what do you know about those conversations? >> so, you just gave me a report about it. i see whistle-blower complaint, none of which i've seen. >> reporter: that revelation as the president's personal lawyer rudy giuliani received subpoenas from three separate house committees. in a statement giuliani said it raises substantial constitutional and legal issues as well as attorney/client and other privileges. but sunday he seemed to imply his efforts to push ukraine to

investigate the bidens were at the behest at the u.s. government. >> i did not do this on my own. i did it at the request of the state department. >> reporter: as for the president, he's not backing down on his quest to i.d. the whistle-blower. >> mr. president, do you know now who the whistle-blower is, sir? >> well, we're trying to find out about a whistle-blower. we have a whistle-blower that reports things that were incorrect. >> reporter: that is something the whistle-blower's attorney says would be against federal law. the president has repeatedly claimed because information was reported secondhand it was not to be believed. but we have now learned the whistle-blower had direct knowledge of certain alleged conduct. according to the intelligence community's inspector general. the statement part of a rebuke to the president's claim the whistle-blower rules were changed before it was submitted. the statement explaining there was never a rule or law that said information could not be reported secondhand. wile-blohe sete majority leader mitch

mcconnell says if the house votes to impeach they would have no choice but to take it up. kenneth, elizabeth. >> serena, thank you. across the country the tide is turning with more than half of registered voters now supporting the impeachment investigation but americans are split when asked if the president should be impeached and removed from office. 47% say yes but 47% are against it. china is celebrating 70 years of communist rule today with a massive military parade. overnight the country showed off its most advanced weapons including a new hypersonic ballistic nuclear missile designed to evade america's anti-missile shields. a california man is charged with spying for china after an elaborate fbi sting operation. prosecutors say edward peng was posing as a tour guide in san francisco when he collected u.s. national security information. he allegedly picked up digital memory cards left at hotels in california and georgia and then delivered those cards to beijing after paying off an informant.

>> the double agent would remove -- would retrieve the key, retrieve the cash and tape the sd card to the same place where the money had been left. >> he is due in court tomorrow. he faces up to ten years in prison in convicted. meanwhile in hong kong today tens of thousands of anti-government protesters have taken to the streets defying orders to stay home. police scuffled with demonstrators during one outbreak of violence earlier today. we turn now to the potential game changer in college sports. a new law in california would allow student athletes to stein sign endorsement deals and hire agents. the law defies a long-standing rule that bans college players from getting paid even as universities bring in billions of dollars in revenue. this morning, a possible game changer in the big business of college sports. >> this was one of the most significant days in the history of intercollegiate athletics. >> reporter: college athletes bring in billions of dollars for

universities, but they never see a penny of it. ncaa rules do not allow athletes to be paid beyond the costs of attending a university through scholarships. but now california governor gavin newsom has signed the so-called fair pay for play law while appearing on lebron james' hbo show "uninterrupted." >> not once did they talk about the needs of these kids. >> will they even listen to you? >> they're going to after i sign this. >> reporter: the new law does not mean players will be directly paid from the universities. it means college athletes in california could hire agents, get shoe deals or other endorsements and get paid for signing autographs or memorabilia. the debate over paying college athletes has gotten more heated in recent years with athletes like nba star draymond green arguing that colleges have capitalized off their talent. >> i don't know about y'all but i'm tired of seeing people get ripped off and i'm tired of seeing these college athletes

being ripped off. >> reporter: the ncaa admits improvement needs to happen but it's defending its business model saying this new law already is creating confusion for current and future student athletes, coaches, administrators and campuses and not just in california. the billionaire owner of the dallas mavericks mark cuban is speaking out against the law saying it turns athletes into employees. >> when it comes to paying players as employees, then you have to ask yourself what happens if they get fired? you know, what happens if you wanted to fire them? do we want to start firing student athletes? >> reporter: critics say the law would give california schools an unfair recruiting advantage but analysts predict other states will soon follow suit. >> for the first time someone is fighting back, someone is saying to the ncaa, you can't rule college athletics in the same tired hackneyed way. >> the law doesn't take effect until 2023. the ncaa says it is considering next steps. no word yet if they will include

legal action. all right. let's take a look now at your weather for this tuesday morning. >> good morning. we're pretty much done with the snow across the northwest. but still very chilly. temperatures 5 to 15 degrees below average. into the plains and upper midwest heavy flooding rainfall will be the threat not only for our tuesday but into wednesday. to the east coast we go, it'll be the heat we're talking about especially across the ohio river valley. temperatures above average, close to records. we've got that heat across the southeast as well with accuweather real feel temperatures into the triple digits. i'm accuweather meteorologist adam del rosso. coming up, a big deal for one of the most popular shows on netflix. also, a problem spirals out of control at chicago's o'hare airport. how workers responded. > an unl

accident at old faithful in yellowstone national park that could lead to charges. later the bridge collapse caught on camera sending a truck

we're back with a strange sight at chicago o'hare international airport. this catering cart was spinning in circles all by itself. apparently a onto the gas pedal. a worker got onto another vehicle and crashed them together to stop it from spinning. drinks were spilled everywhere. no one was hurt. a man in critical condition after falling into thermal water at old faithful in yellowstone national park. the 48-year-old told the park rangers that he tripped into a hot spring water after walking without a flashlight. he suffered severe burns across his body. officials say they found a beer

can at the scene. they are now trying to determine if the cone of the geyser was damaged. the man could face charges. jury deliberations resume this morning in the murder trial of former dallas police officer guyger google. she claims she fatally shot her neighbor botham jean by mistake after entering his apartment thinking it was her own. a prosecutor dismissed that argument saying guyger was an intruder in jean's apartment. >> this is not one of those things where you could just say, whoops, too bad for you, buddy. >> she has to make that split-second decision, and this time it ended in tragedy. >> on the stand guyger says she hates herself every day because of what happened. jurors could convict her of murder, manslaughter or no crime at all. cvs, walgreens and rite aid are pulling zantac from store shelves. it follows a recent alert by the fda that the drug may contain low levels of a potentially

cancer-causing substance. the drug's maker says the level of the substance barely exceeds what products. the company is investigating. the hit netflix show "stranger things" will be back for a fourth season. creator of the sci-fi drama set in the 1980s have reportedly signed a nine-figure deal. season three begins streaming in july. no word on a start date for season four. well, coming up, the surprising news about red meat and its effect on your health. but first a family demands justice after their teenager takes his own life. they say he was outed as bisexual. so should criminal charges be filed? and later a stunning sight. how one woman survived this swim, yes, with a whale. (announcer) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their

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in a coastal fishing village. the tanker landed on boats down below. at least ten injuries have been reported so far. six people are believed to be trapped on one of those boats. the bridge has been a tourist attraction in the area since it first opened in 1998. we turn now to the tennessee family demanding justice after they say bullies on social media killed their son. >> the 16-year-old died by suicide hours after being outed as bisexual, and now his family is demanding someone be held responsible. at a vigil near nashville, tennessee -- -- billy ray cyrus sang "amazing grace" as family and friends wore shirts that read justice for channing. >> channing was one of those kids who loved with all his heart, but he didn't really realize how many people loved him. >> reporter: last week 16-year-old channing smith sent sexually explicit messages to a boy.

family members say a screen grab of that message was taken, passed around his high school and eventually posted on social media. within hours channing would die by suicide in his bedroom. >> he had all these dreams and desires, and those will never be fulfilled. >> reporter: channing's family is now urging district attorney craig northcott to file charges against the teens involved. northcott has been under fire since a video surfaced saying he doesn't recognize same-sex marriage nour would he prosecute domestic violence cases involving same-sex couples. the family is charging him with not properly investigating. he said any report that my office has failed or refused to act is inaccurate. meanwhile, the teen's mother hopes the pain and grief will spark the conversation that

it matters. >> posting one little picture can destroy somebody's life. i can't describe the pain. you can't understand it, how somebody could that be mean just for the fun of it. it doesn't make any sense. >> just heartbreaking there. channing's family is criticizing the high school for not holding a memorial service after his death. the school says counseling was provided for students. a 12-year-old girl in virginia who accused her classmates of cutting her dreadlocks has recanted her story. the girl initially said three white boys at her christian school held her down in the playground during recess, called her hair ugly and cut her dreadlocks, but her family now says she made up the allegations. they have apologized to the boys. health experts are slamming a study that claims eating red meat is less dangerous than we've been told. a team of international researchers say despite conventional wisdom, the evidence is just too weak to justify telling people to eat less beef and pork. the american cancer society and the american heart association are among those criticizing the study as irresponsible. one critic says the findings erode public trust and says the recommendations came from a

panel of scientists, many of whom are not nutrition experts. in sports the pittsburgh steelers finally got their first win of the season. they scored the final 27 points of the game last night while cod s agai raiders linebacker vontaze burfict has been suspended for the rest of the season for his violent hit against the colts. that's the most severe punishment in the nfl league history. he can appeal the suspension. a woman's close encounter with a whale is going viral. she posted the incredible images there shot in the indian ocean on instagram. she also included instructions on swimming with whales including don't touch the whale even if he himself wants to touch you, be as calm as possible, and when the whale is relaxed, repeat its movements because they like that.

>> good tips that i won't need. up next in "the pulse," the new garbage can that redefines taking out the trash. also ahead, the shocking sight for drivers. how pornography showed up on a highway billboard. plus, how some third graders got together to help a classmate in need. you have fast-acting power over pain, so the whole world looks different. the unbeatable strength and speed of advil liqui-gels. what pain? ♪

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>> people started to brake a lot behind me because i think they were doing the same thing, a double take. i almost got into an accident. >> whoa. >> police say the hackers may have thought it was just a practical joke but if they are caught, they will be charged with a felony. next a boy from minnesota who could be on track for the olympics someday. >> 9-year-old cade lovell was supposed to be running a 5k race, but he got some bad directions and says someone along the course told him just keep going straight. >> so that's what he did which meant instead of doing a 5k, he ran a 10k race, and even though it was twice as long, guess what, he won that race. >> he was just happy he finished. he had never run that before. so it wasn't even on our radar for him to be running the 10k yet. we thought he was still a little too young, but he clearly proved us wrong. >> it was longer than usual. >> double. >> yeah.

>> cade finished the 10k in about 48 minutes, a minute faster than a 40-year-old who finished in second place. run, cade, run, cade. >> well done. next a group of third graders in tennessee did something very special for a classmate. >> this is the moment students at philadelphia elementary school surprised daniel hunt. they started a secret toy drive to replace the toys daniel lost after his home was destroyed in a fire. >> daniel gave his classmates a big hug. he later told his grandmother, i have joy in my stomach. >> love that. finally an inventor has come up with a garbage can that's so smart, it takes itself to the curb. >> okay, so this is called the smart can. >> oh. >> and it comes with an app that allows you to preprogram your trash day schedule and then at the appointed time, it drives itself to the correct drop-off spot. >> it will then drive back to its storage location for the rest of the week. i'm just waiting for this garbage can to start the trash talk and say, oh, you can't take

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making news right now at 4:27, the fight to overturn san francisco's vaping ban takes a big hit after a major announcement from juul. and starting today, parking rules at sfo are changing. you're going to have to be a lot quicker about doing those pick yu ups and drop-offs. a bridge collapse in taiwan. it sends an oil tanker falling onto boats passing below. good morning on this tuesday, october 1. >> are you happy? >> i'm very happy. turning that calendar has never been more joyous. and the weather is changing. how is that? we're going to warm up a bit. yesterday the breeze was crisp oppler whereanorning and that means a cold start.

numbers are bottoming out in the 40s in some locations. grab the jacket and the sunglasses. more 70s today. it is 48 in concord. 41 in santa rosa. 52 in san francisco. going throughout the day it's nothing but sunshine. mid-70s our warmest locations. still 60s at the coast. good morning, sue. good morning, lisa. good morning, everyone. we are starting off pretty quiet at 4:28. let's look at the golden gate bridge. i came by about 3:15 this morning and the road work was just being picked up then. no barrier work as you work your way in to san francieobrbout aeo the toll plaza and across the span over san mateo. the only thing we have out there right now is road work.

we'll check on that in a couple of minutes. thanks, sue. a new twist in the effort to overturn san francisco's vaping ban. >> juul announced last night it will stop pouring money into the ballot measure that would reverse the ban. abc 7 news reporter amy hollyfield is live at juul's headquarters with details. amy? >> reporter: hi, good morning. juul had been dedicated to the issue and donated $19 million to the campaign but has now said it's no longer going to support prop c. prop c will still be on the november ballot. it's too late to pull it. it would partially overturn san francisco's new measure that would ban the sale of e-cigarettes and vaping products. prop c would allow adults to buy the products. juul has a new ceo, and that's who has released a statement saying, quote, i am committed to seeing that juul engages

productively with all stakeholders including regulators, policymakers and our customers. but the anti-prop c team is skeptical saying, quote, until they return the $7 million unspent dollars that is in their political account, until they suspend their mail, their advertising, their paid phone calls and lay off their consultants we do not believe them. this announcement comes as the 14th death was reported in nebraska. reporting live in san francisco, amy hollyfield, abc 7 news. >> thank you, amy. it is now 4:30. if you're just waking up to us, good morning. >> good morning. a quick update on weather and traffic where you live and we're starting with lisa. good morning to you. it is clear and that means temperatures are going to continue to drop until we see the sun rise. right now in the north bay we have some low 40s. lily