Cheryl that will wake you up, 5 00 this morning in new york. Ashley good morning. Cheryl welcome to fbn a. M. Good morning, im cheryl casone. Ashley im ashley webster. Cheryl the markets are looking good right now. We have green arrows across the board. We are waiting for earnings from kroger, tiffany, express. The nasdaq is up 22 andahalf right now. Ashley whats been going on in asia overnight while youve been sleeping, most of the asian markets moving higher. The only fly in the oin the oin. Cheryl the dax is a little lower. Just went up by a quarter point. Democrats say theyre all in on impeachment following a marathon day of testimony on capitol hill. Four law scholars went head to head over what constitutes he removing a president from office. Ashley Hillary Vaughn has details. Reporter three law professors invited by the democrats to join the House Judiciary Committee to give their take on the constitutional grounds for impeachment say the information inside the Intelligence Committee report does meet the standards for high crimes and misdemeanors and is grounds for impeachment. But the sole witness invited by the republicans on the panel disagrees saying the accusations of bribery and obstruction of justice were not met. If washington were here today, if he were joined by other frames, what d framers, wk they would say about the conduct . They would identify that conduct as the abuse of offices they were concerned about. The Founding Fathers would have found President Trump guilty, that is simply medical practice with these facts before us. That is just simply pandering to a camera. Reporter causing outrage from the white house is a joke that Pamela Carlin made using the president s teenage son as a president. While the president can name his son baron, he cant make him a baron. Reporter that line provoked a rare public response from the first lady, melania trump, would tweeted this, a minor child deserves privacy and should be get out of politics. You should be ashamed of you using a child to pander. The report includes personal phone records of phone calls between the president s personal lawyer, Rudy Giuliani and members of the white house and the Ranking Member of the Intelligence Committee, congressman devin nunes. House republicans want to obtain the records. Lindsey graham is asked to subpoena call records for adam schiff and the unnamed whistleblower. Cheryl and ashley. Ashley thank you very much. Fox news peter doocy caught up witupwith joe biden and asked hf he would testify if called by the senate. The white house is saying if theres a Senate Impeachment trial they might like to call you as a witness. Is that something you will do voluntarily. Im not going to let them take their eye off the ball. The president is the one that committed impeachable crimes. Ashley the basis for the inquiry resolves around the allegation that President Trump pressured ukraine to investigate joe biden and a his son, hunter. Cheryl there are trade deals front and center now for President Trump now that hes back in washington. Reporter President Trump is back at the white house, cutting his trip a little bit short in london. The administration juggling a number of different balls in the a air, the usmca negotiations, the talks for the phase one deal in china and the impeachment hearings, talking about trade at the white house. They would like to see that done in congress. Usmca ratified in in Congress First and foremost. The talks have been ongoing over the past couple days. Mexicos top trade negligence othenegotiatorsaying there are e issues that must be overcome. He says he hopes things can be resolved in the coming days. A phase one trade deal with china another issues. Sources tell me the last time the heads of the trade teams talked was nine days ago. Deputy level talks continue almost you daily. The heads of the trade teams are the ones that make the decisions. Sources say the administration is Going Forward with additional tariffs on december 15th from china. The caveat, though, if a phase one deal gets on paper before december 15th or a significant progress is made, then he could decide to hold off on those tariffs. Two sources are telling me theres an internal debate in the trade deal. At least one person in the room wants the president to sign a trade deal with china by the next election even if protecting intellectual property gets pushed off into phase two. Others are saying the president needs to stand firm and get enforceable trade deal on paper. The important point here is that on the china talks both sides are still talking. Back to you. Cheryl thank you. House Speaker Nancy Pelosi weighing in now on an internet content dispute thats actually part of the usmca deal. He pelosi wants p Legal Protections for online content removed from the agreement. That would be a major defeat for Big Technology companies, think google, facebook, twitter and the like. Ashley senator Elizabeth Warren making it clear she still has questions for larry page, despite his resignation as alphabets ceo earlier this week. Warren tweeting this, congrats on the move, larry page. Quick reminder, we do still expect you to testify before congress and changing your title while staying on the board and retaining control of it will not exempt you from accountability. Cheryl warren is drafting a bill aimed at reversing mega mergers. It would require regulators to review two decades of deals and ban them Going Forward if shes elected president , obviously. The pentagon shooting down reports that the u. S. Is sending additional troops to the middle east. The wall street journal is reporting that President Trump was considering sending an additional 14,000 Service Members as a way to help counter iran. But a pen pentagon spokeswoman tweeted to be clear, the reporting is wrong. There are currently 60 to 80,000 Service Members in the middle east currently. Ashley two people are dead after a u. S. Sailor opens fire at the Pearl Harbor Naval shippeshipyard. Two people were killed before the shooter turned the gun on himself. A motive is not known the at this time. This comes days before the 78th commemoration of the pearl harbor attack. Cheryl here are other headlines making news this morning. Air bag manufacture her tak mana calling for another recall. These are for cars for bmw, toyota, mitsubishi and audi. The defects in the air bags can allow them to explode and send shrapnel into the vehicle during a crash. A number of hospital groups are taking the Trump Administration to court over a plan that would require hospitals to disclose prices that they give insurers on procedures. They argue that making the prices more transparent, public, would violate their First Amendment rights. The rule was designed by the Trump Administration to allow americans to shop around at different hospitals for better prices. Transparency. What a thought. All right. And shchipotle says they want tp Young Farmers and will hold its first farmers friday tomorrow. They promise to donate 1 for every entree purchased, up to 250,000. According to u. S. Department of agricultural the average age of a farmer is 58. Its beginning to look a lot like christmas. All over the country. Yes. The tree across the street from us here, rockefeller center, that was lit last night. The National Christmas tree is set to be lit tonight. The funny thing about the rock center tree, they did a taping of jon bon jovi for the Tree Lighting and only 100 people showed up to watch him, for free. So they had to tilt the camera to make it look like ashley it was like john who . Cheryl living on a prayer. Ashley one of my favorites. Things are moving slightly higher, certainly the beginning of the week it was a selloff, we made gains yesterday. The dow is up 68 points in the premarket. Still ahead, as democrats continue their push for impeachment, the gop witness says not so fast. If you impeach a president , if you make a high crime and misdemeanor out of going to the courts, it is an abuse of power. Its your a abus abuse of power. Youre doing what youre criticizing the president for doing. Ashley so take that. Are democrats lowering the standards of the constitution to fit their agenda. Well get into that. You may have told a white lie to land a job but one woman stretched the truth a bit too much. 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I am for shortening my cold, with zicam zicam is completely different. Unlike most other cold medicines, zicam is clinically proven to shorten colds. I am a zifan for zicam oral or nasal. This is the epson no more buying cartridges. Big ink tanks. Lots of ink. Print about. This many pages. The epson ecotank. Just fill and chill. Sh . Ashleyashley could robert mueo the impeachment inquiry. Thats what some democrats implied at yesterdays hearing even though the report exonerated the president of any wrongdoing during the 2016 election. Joining me you now is joe marino, a former federal prosecutor. It seems to me, throw everything you can at the wall, see what sticks. Bringing in the mueller report, is that an a error by the democrats . What does that do . I think so. Look, the democrats are in a tough position here. Because on the one hand, they dont want to admit that a two andahalf year russia probe essentially came to nothing. On the other hand, they dont want to remind people that the president was in fact exonerated of two andahalf years of being argued there was russia collusion, just to find out there wasnt. I think what theyre doing is theyre going to pick and choose and try to piggy back this a attempted obstruction of justice concept from the russia probe onto the ukrainian probe now and say, look, maybe one case is not that strong, maybe the other case is not that strong, we lump them together and possibly it looks like a more substantial case. Ashley sounds a bit desperate to me. I dont know how much you got to see of yesterdays action, sotospeak. We had three professors hand picked by democrats who said of course the president should be impeached and the republican lawyer made a strong case on the other side. This is just a partisan effort anit appears to be that way andi feel like the public is seeing it for what it is. What say you. First ive thought it was a missed opportunity as i watched the entire hearing. Now having had the night to think about it, i think it was more of a misstep. The democrats had another opportunity to at least provide some level of fairness, some level of objec objectiveity. They got hand picked, highly partisan attorneys to speak in lock step on democrat talking points, to say theres nothing to see here, all the evidence is there, its a lock solid case, no question about it and it almost got worse as the day went on. We heard things like this is worse than watergate, goes to the crux of our democracy. When i hear that exaggeration, that makes me think, look, my case is not strong and the more i have to talk it up, its an acknowledgement they my case is not strong. Ashley it feels like an empty exercise. We know the Senate Nothing is guaranteed if in life but were pretty certain the senate is not going to go you along with it. It adds to what the heck are we doing here, seems like a useless exercise. There are opportunities here if the democrats wanted to act in good faith to say, look, lets have a real conversation here. Lets have fair rules. Lets let the republicans call who they want and see what they want. Theyre not doing that. This is a pure power play. I get it. Elections have consequences. The democrats have the power and a theyre using it. But theyre not bringing anyone along for the ride. Theyre going to get exactly what we were warned by many people what you dont want, which is a one sided, completely partisan impeachment effort which will go nowhere in the senate. Ashley how does this play out. Reporter even if they go ahead on the house side, we know its not going anywhere in the t senate. The feedback i get from people all over the place is this is a waste of time. That the democrats had years of telling us there was collusion, there was obstruction, its right around the corner, this administration, the walls are closing in. How many times we heard that, just to find out there was nothing there. Their credibility is shot and i think people are seeing it for what it is, a partisan waste of time. Ashley a i thinoftime. Ashley i think youre right. Cheryl day two of asks elon s fiedefamation case wrapped up ad we have details. Reporter the basic defense is it is much ado bought nothing, at the very least, much ado about nothing but a tweet. Back in july of 2018, the tesla ceo offered to send a mini submarine his company designed to help in the search for a Young Soccer Team and their coach stuck in a flooded cave system in thailand. As rescue driver and the plaintiff in this case was leading an effort to bring the boys out of the cave and in an interview called musks submarine offer a pr stunt and said this. What are your thoughts on elon musks idea . Stick his submarine where it hurts. Reporter musk responded on twitter, calling him a pedo guy, hence the defamation suit. Musk said it was an offthecuff response. He said he was rude and insulting so i insulted him back. It was regrettable. He said of the exchange of insults, quote, i assume he literally didnt mean to sodomize him with a submarine. I literally didnt mean he was a pedophile. He said he was defending his work, saying of the reaction, it denigrating the work of my team, there were a lot of people who worked day and night to be helpful. The trial could end by the end of this week. Ashley thank you very much. Interesting stuff. Cheryl interesting sound bite. Lets take a look at futures. Weve got green arrows this morning. We still have somewhat of a level of optimism about u. S. China trade talks and were seeing some of that happening, asian markets, were seeing it on the futures, dow up 63, s p up 6 andahalf, nasdaq up 21. Coming up, uber has had a few ups and downs lately. The ceo is promising the companies is going to be flying high soon. Thats your tease. As we all continue shopping for the holiday season, a new survey shows the crazy lengths americans will go to make those purchases. Youre watching fbn a. M. You make me feel like im living a teenage dream. The way you turn me on. I cant brakes screeching okay. So, today youre going to leave your phone with a guy named flip. ding but its more than your phone, its your business, your customer data, your sales figures. And who can forget, those happy hour selfies . Not flip. honking, gasping this isnt working. Introducing samsung Business Security solutions, with knox software. With the galaxy note10, you can remotely wipe data or lock phones, so your business is secure even when your phone isnt. Samsung business solutions. When i switched to geico. And this is how it made me feel. It was like that feeling when you go to taco night at your favorite restaurant. And theyre the besttasting tacos in the entire world. And just when you think it couldnt get any better, they bring you out another taco. Cuz they made an extra one. Extra taco geico. Fifteen minutes could save you fifteen percent or more on Car Insurance. We dont have enough road to get up to 88. Roads . Where were going, we dont need roads. Cheryl and uber may not need roads much longer. Ashley what a great line that is. Brett larson is here with the flying details. The uber flying cars are on their way, 2023 is when their current ceo says theyll be taking off, electric flying cars. Cheryl okay. Everybody feel comfortable . There will be vtols, vertical take off and landing cars, theyre going to be battery operated because Battery Technology is apparently to the point where batteries can have the energy to lift the weight of themselves, plus the weight of customers. Ashley does it come included with the car . I certainly hope so. With the flying cars, Pay Attention to the fuel gauge or the battery level. Ashley do you really buy this, brett . Weve been talking about flying cars for 25 years. Cheryl hes saying three years. Hes saying three years. I dont think i believe that. I dont know. Ive seen several examples of some proof of concept flying cars, proof of concept electric flying cars. Had they still look kind of clunky and like theyve got a far way to go before i think most people are going to feel comfortable getting into them. No mention of whether or not they will have pilots. Weve got the uber blade service, which is helicopter service, which will fly you between city centers and airports. There you have a professionally trained pilot behind the controls and in this instance it might be a driverless flying car. I dont know how people are going to take to this. We have to see what the cost is. Certainly, if traffic if youre in los angeles or here in new york, traffic can be pretty bad. Of course youre