cool. that's great, happy birthday. thanks for inviting us into her home tonight, that's it for this "special report," fair, balanced and unafraid. i will be back at 11:00 p.m. eastern time for up-to-the-minute coverage of the debate here in houston, 11-1:00 a.m. we got you covered. "the story" hosted by martha maccallum starts right now. >> martha: we will be watching all that with you tonight. great to see you in houston there this evening and tonight, a new plot twist in the ongoing story of mr. andrew mccabe. a good evening, everybody, i martha maccallum here in new york. so the department of justice, for whom he worked for 21 years, has reportedly overruled his appeal plea and they will move forward with charges against him for lack of candor when agents are questioning him and they say that he was leaking fbi material to the press. >> i had no time ever intentionally misled director comey, the inspector general, or

the fbi inspectors investigating another immediate issue. the fact is that report -- i had been reading investigative reports for 20 years -- not a product of any investigation. >> martha: now a contributor at cnn where he has continued to express his concerns about president trump, even after the probe found no evidence to support it. >> do you still believe the president could be a russian asset to my >> i think it's possible. >> do believe that in impeachment inquiry is warranted based on what you understand and what has come out in the mueller report? >> absolutely. >> martha: so we don't know where all of this is headed, but we do know that people who have seen much more of some of the unreleased testimony that we have surrounded what happened at the fbi and the cia, for that matter, in the early days of the russia probe, believe that there is actually much more to this story.

the attorney general has said that himself, so let's bring in trey gowdy, former house oversight committee chairman at fox news contributor, good evening to you, thank you very much for being here tonight. what's your reaction to the news that his appeal was rejected? >> twofold and one of them will be wildly unpopular, but i think it's important to say it. number one is the celebration of our justice system where you can be the second in command at the world's premier law enforcement agency and still be subject to investigation and potentially indictment them or whether you are second in command of the fbi or working the second shift at a manufacturing plant in south carolina, the blindfolded woman doesn't care who you are. that is something to be celebrated for -- now for the wildly popular part. he's presumed innocent. i know it's not popular to say in a political context. if it's not, but he's presumed innocent and even if he is indicted, the indictment is no evidence of a crime. he is entitled to present his case in front of 12 of his

fellow citizens and, look, i know politics doesn't reward fairness, but our justice system needs to survive long past the political vagaries. and it is important, just like it was with president trump when i was very tough on democrats like adam schiff that wanted to put him in jail, before the mueller report had ever been issued. i'm going to be consistent. if i'm wrong unreleased consistently wrong. >> martha: i commend you on that and that's the way we have approached this as well. however, as we just played, andrew mccabe has not given the same treatment to president trump, who did go through a two-year process of investigation and he continues to go on television and accuse of potentially being a russian agent. but i want to ask you something about -- because it's a little confusing. the leak that he gave, ostensibly, allegedly, to "the wall street journal," was essentially a leak that appears it may have been done in an effort to sort of spin things

his way, to make him look very fair that he was continuing to the clinton investigation while they were looking into these issues with regard to the president as well. so the question is why. why would he feel, if he felt that he was being fair on both sides, that he needed to do that to protect his image? >> self-interest. he lied to michael horowitz's investigators because he leaked something that was in his best interest and cast him in the best light possible. it's the oldest motive known to man, which is self-interest. so when you have an obligation to tell the truth -- he had an option, he could have not answer the question, he could have invoked the fifth. >> martha: worth pointing out that they are talking about four separate occasions. four separate occasions when he said that they misled them. >> to where he affirmatively lied and two where he had a lack of candor which as you have information, you have a duty to disclose it and you fail to do

so. so both lying affirmatively and then failing to tell the truth when he had an obligation to do so. >> martha: we don't know whether or not his name is going to be intertwined into the reports that are still to come out, the larger report from the inspector general michael horowitz and then john durham's report, as an attorney, state state's attorney report that's coming out, but bill barr, who has seen more of these documents and you have seen more of them as well, i just want to remind everyone, said this about what's to come. >> yes, i think spying did occur. i'm not going to speculate about what he said, we are going to find out when it started. some of the explanations i've gotten don't hang together so in a sense i have more questions today than i did when i first started. >> martha: you said back in may watch the emails between brennan and clapper, correct? >> brennan and comey. >> martha: brennan and comey, excuse me. can you expand on that? >> well, i mean, we are in december of 2016. this is well after the russia

investigation had been launched by peter strzok in case anybody has forgotten that name. well after the first fisa, probably after the renewal, and here's jim comey conceding that the dossier is unverified, it's never been corroborated and yet it's being used in court filings and to my knowledge, the court was never told it was not corroborated, but again, i think bill barr would tell you the same thing, if he was on the show, there is a difference between doing a really lousy job but there's a difference between not meeting anyone's expectations for public service, and then being indicted. i will caution my republican friends again, if the only thing that is going to satisfy you is the indictment of certain high-level officials, you may wind up being disappointed. i have higher expectations for government and just narrowly avoiding indictment. if >> martha: i hear you and i think a lot of people in the intelligence area believe the same thing in terms of some of what happened here, so we will

see. always good to see you, sir, thank you very much. >> yes, ma'am. >> martha: here now, marc theissen, fox news contributor and richard goodstein, democratic strategist and former advisor to bill and hillary clinton presidential campaign. could have up to be with us this evening. just a quick reaction from each of you to that news about andrew mccabe this evening. >> first of all, he's trying to paint this as some sort of a political vendetta against him. it's not. the inspector general who found that he had lied three times to the fbi under oath is an obama appointee. he was accused of lying not just of them, but to jim comey, who is not exactly a trump ally. his fireman was recommended by the head of the office of professional responsibility at the justice department who at the time was on obama appointee, and the charges were recommended by career prosecutors. >> martha: you're saying it's been a very fair process. >> absolutely. >> martha: richard, do you agree? >> with trey gowdy that it should give the fbi and justice

department have been battered and a reputation, should give us a little bit of confidence that maybe things are writing themselves. >> martha: quick thought richard. >> what's odd about this is this process began 18 months ago when the grand jury was brought together to hear the evidence. 18 months ago, and the grand jury term expired and they only brought them back this week, wh why? so in this administration, where we know there is hell to pay unless you support the guy at the top and the guy at the top tweeted very nasty things about not just mccabe, but his wife, why are we surprised that the u.s. attorney would find -- will basically kind of rubber-stamp what he thinks the white house wants to hear. >> martha: he went through an appeal, that's why it back in the news. they had to make a decision on that. >> one quick thing, understand, mccabe is seen as a clinton toady. he green-lighted the fbi looking into the clinton foundation. >> martha: he wants to make it very clear that he sees himself

as an even had a player there. i want to switch gears and get your thoughts on some of the politics with regard to impeachment and let's put this up on the screen, because it has been called a lot of things. an absolute disaster among them in terms of the effort that's going on right now on the house side. if this is dan pfeiffer, former senior obama advisor sang the politics of impeachment are debatable, maybe they're good, maybe they aren't, and no one knows, but i do know that the current democratic strategy of telling the bass that they are impeaching trump and telling the moderates the opposite is an absolute disaster. richard? >> i don't know what the evidence is, i agree it's not perfect. what would be perfect would be to have what we had during watergate, a special committee, evenly split, with respect to people on both sides and, look, when the next -- in the summer of 1973 before the watergate hearings, 19% of the public thought that nixon should be impeached and after the watergate hearings and after the house impeachment hearings, that number ultimately went up to 55,

so that's what the democrats i think are trying to say. >> martha: you want to see that hearing process through? >> i think we need to get the evidence out not just about russia and mueller but everything else. >> martha: essentially they put together the panel to discuss whether or not the panel should go ahead and do an investigation. it looks to me like they are throwing some chum in the water to make some people happy to show that they are actually doing something at this point. it's become a message to the democrats is listen to richard. do what richard says because it's the absolute worst thing you could possibly do for yourself. for years we heard -- two years we heard from the democrats but donald trump was a russian agent and a traitor who had betrayed his country and it turned out it was nothing but a conspiracy theory. he didn't do it. so now -- the american people took those charges seriously because they were very serious charges. spent two years, tens of millions of dollars and it turned out not to be true, so keep going, democrats, keep investigating him! >> martha: got to leave it there, thank you, good to see you tonight. coming up next, and absolutely stunning moment in court today in a trial of a former high school cheerleader accused

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>> we, the jury, find the defendant brooke skylar richardson not guilty of child endangerment. it does say we further find the defendant did not cause serious physical harm to the alleged victim. >> martha: high drama and that ohio courtroom late today. former high school cheerleader accused of killing her newborn baby and burying her and her parents backyard learned her fate in the courtroom. you could hear a pin drop in there this afternoon. brooke skylar richardson faced

life in prison. chief breaking news correspondent trace gallagher live now with the very latest on this story tonight. trace. >> martha, when the jury of seven women, five men only deliberated for hours, legal experts largely predicted that brooke skylar richardson, who goes by schuyler, would be found not guilty of the most serious charges. during the trial, which lasted just under two weeks, prosecutors argued that richardson didn't want the baby saying that she desperately tried to hide her pregnancy and when the infant was born, she killed it, buried it, and cleaned up the mess. they also presented text messages that appeared to indicate the teen was happy the baby was gone and that she had gotten her figure back saying that skyler wrote "my belly is back, oh, my god." if prosecutors told the jury that belly was her child, that belly was her daughter and most notably, prosecutors also pointed out that during the second police interrogation, skyler richardson admitted that she killed and burned her baby.

if the defense that she was manipulated by detectives and that because she has a personality disorder where she tries to please authority figures, she simply told them what they wanted to hear. in the defense case was bolstered by the fact there was zero evidence the remains of the baby had been burned and medical examiners for the prosecution and defense testified there was no physical proof the baby was alive. the defense argued that for a conviction, you must have proof of life beyond a reasonable doubt. after the verdict, even prosecutors acknowledged that not having a cause of death or proof of life made for a very high bar. watch. >> i think that unfortunately that probably played a major factor in the outcome that we saw today. and as a result, i understand why the jury likely reached the result that it did. >> on the flip side, skyler

richardson's defense attorneys say they believe the case was overcharged from the get-go. watch them. >> so juicy for the governor to think that not only did she murder her baby, but she burned her baby, which tainted the whole jury pool, which is what we were worried about from the very beginning. >> richardson was found guilty of gross abuse of a corpse, which could land her in jail for up to six months, but her defense attorney and many legal experts believe the judge will set her free during sentencing on friday morning. martha. >> martha: unbelievable. thank you very much, trace. so next up, meet the parents who say their daughter nearly died from vaping and one of the ceos who makes these products and stands behind them. ♪ ♪ limu emu & doug

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♪ >> vaping has become a very big business, as i understand it, a giant business in a very short period of time, but we can't allow people to get sick and we can't have our youth be so effective. parents are going to be a lot tougher with respect to their children. a lot of people think vaping is wonderful, it's great. it's really not wonderful. >> martha: it's really not wonderful, says the president. after years of no smoking education in america, more and more kids are now essentially smoking again, but now instead of cigarettes, they are vaping, a smokeless form. there also vaping thc, or part. in some cases people are dying from that is what a lot of folks looking at the situation believe. so this map shows the states were people have died. six deaths so far and in yellow are states were people have become ill or have been hospitalized from vaping.

adults, of course, want the right to vape as they please and parents want to keep their kids safe and healthy. in moments we are going to talk to a ceo of a company that sells devices. he is more open to some regulation, but first, tim and ruby johnson, who got the scare of their lives when their daughter piper nearly died are here to share their story with us tonight. good to have both of you here tonight. i know that you like so many of us were on the way, your daughter was heading off to college. her driving her out to colorado and suddenly you notice that she's coughing and she has pain in her chest. what happened then to >> so she just -- it just declined pretty quickly. she mentioned that it hurt to take a deep breath and she was super honest from the very beginning saying that she had been vaping. and so when we got to colorado i took her to an urgent care. she was then sent to ner,

admitted to the hospital, transferred to the icu and the best that they could tell him at first it looked like pneumonia, a diffuse pneumonia they said and whatever thing they would do for pneumonia wasn't helping her entry just really declined, her oxygen meets kept going up and up and she just got sicker and sicker until they figured out -- they asked her are you a smoker and when she said e-cigarettes that kind of took notice of all the cases that were popping up and started treating her accordingly. >> martha: i can imagine how scary it was. she did admit -- you said she was very honest with you, which was great, and all kids should be because that's the only way you can treat them and help them get better. if she did say that she had vaped thc. the doctors believe that that was what led to this infection? >> no. >> martha: what did they say? >> she was real honest with us from the start. she said that she had vaped both the cigarettes and thc, but the vast majority was e-cigarettes

and the doctors initially were confused because she was actually -- she was the first diagnosed case of thithe state y were really scratching their heads at first. >> but did say that so many of the chemicals in the e-cigarettes are severe lung irritants and should not be inhaled from his exacts, exact world's fresh air, that's all you should be reading. he felt that there was a huge potential for harm just from nicotine containing e-cigarette e-cigarettes. >> martha: tim, what's your message to these companies? i'm about to talk to one of the ceos of one of the companies that create these devices. >> well, martha, they knew what they were doing from the time that we got tobacco really minimalized in the youth and they basically just borrowed old '60s in '70s big tobacco

marketing. they went into the schools, they made it cool and have gotten millions of teens and even younger than teens hooked on nicotine. so something needs to be done, and then we need to address the fact that we are going to have millions of kids addicted to nicotine. >> martha: yeah, there are studies that show a lot of kids roll over from to cigarettes and then as you say -- it's unbelievable that we are back where we started with all of this. tim and ruby, thank you so much and we wish piper all the best in college we are glad that she is on the mend. thank you very much for telling your story tonight. >> thanks, martha. >> thank you so much. >> martha: you bet. to me now, nick, ceo of crisco holdings, a company that sells vaping devices. thank you. i appreciate you being here and talk about this, it's obviously a controversial subject. what do you say of those parents that you're companies like yours and others are trying to hook

kids on smoking again? >> so first of all, obviously very scary situation there and worse for others, so we feel terrible, as does everyone in our industry. to be clear, our company only participates in the cannabis and cbd industry. we sell vaping devices for companies that are in those channels. we have no affiliation with the nicotine and e-cigarettes, which has had a prolific problem attracting teens to their devices, and that is something that our industry is learning from and hopefully is not going to repeat the same mistakes. >> martha: what about the fact that a lot of those -- a lot of the kids use those devices as a way to use thc and it doesn't smell like pot. it smells very light in comparison. do you responsibility for that? >> here's the problem, if the black market. this is how kids are getting access. cannabis has done a great job of setting up legal frameworks in a

state where you can't even get past a security guard unless you show an i.d. that you're 21 years of age or older. that's not the same for nicotine industry where you can walk into a 7-eleven or convenience store and you see the product right behind the counter. so we have a good start. we have to be consistent with that approach. we have to make sure that we are not targeting and marketing to minors. >> martha: but that's what's happening. and don't you think that in part it could be happening because there's been so much legalization of pot across the country and its more and more acceptable, so why would a kids think it's a big deal to use tobacco or thc in one of these devices, and his family said that they didn't feel that was the connection but and in other words they do think it is the thc used in the devices that is causing this chemical reaction that has killed some people. >> yeah, and it's been tracked to a lot of the illegal devices because they are not regulated. that's what we are calling for regulation, we are calling for more states to legalize and there was a landmark study done

earlier this year by four universities and it shows teen use is going down for cannabis only in states that have legalized. down eight or 9% in those states so what we are seeing is an opposite effect. he states are legalizing, regulating, keeping kids away from cannabis are actually having more positive impact on the teen use statistics. then illegal vaporizers. i don't check i.d. in the illegal market. the street dealers are checking for i.d. that's the problem. >> martha: 2017-2018, increase in vaping, 78% increase in current cigarette use among high school students. 48% -- for nicotine -- 48% among middle school students. that's alarming. >> that's all for nicotine. that's why the president is taking action, because those numbers are so alarming. >> martha: would you say that thc is not safe for children? that they should not be vaping thc? >> absolutely not. no adults under the age of 21 should be vaping any thc

products or even consuming thc products and we are glad that the states that have implement a programs have really enforced about and they've upheld that age limit to a very high degree. >> martha: top trend in washington, definitely in favor of some regulation here, so we will see. a lot of adults don't like their rights infringed on either some of these cases as well. >> the reality is if the only way we are going to make progress, through regulation. we need to regulate this better. >> martha: good to have your tonight. >> thank you for having me. >> martha: coming up, wyatt joe biden says young reporters are covering him unfairly, and elizabeth warren gets ready to roll out another program for america. she wants to expand social security even further. national reviews online and biden campaign senior advisor simone sanders are here tonight next. ♪ i'm your cat. ever since you brought me home, that day. i've been plotting to destroy you. sizing you up...

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one to watch as she has moved up steadily coming alongside joe biden and also bernie sanders in some states and now she is putting out there that she would like to broaden your social security benefits. she announced "it's time washington stopped trying to slash social security benefits for people who have earned them. it's time to expand social security." her plan would increase social security benefits by $200 a month and she would pay for that by raising taxes on the rich. so here now, murdock, national review online contracting editor and fox news contributor. great to have you here tonight. the ever-expanding pot and, thank goodness all those rich people can just keep chipping into pay for it. >> it's christmas in septemberi. once again, elizabeth warren is busy giving away more stuff and i guess and bigger checks, they will not send her money offshore or decide to retire rather than keep earning money. i'm always amazed by these schemes by the left with a just

assume that wealthy people are going to do their part and just keep writing bigger and bigger checks and hand over more money. what we see when taxes go up, people stop producing as much, they engage in tax shelters, they move their money offshore. they retire, what have you. i think this is like so many of their ideas, another self-defeating concept. >> martha: what are you looking for here tonight in this debate? joe biden will be up there, elizabeth warren as well. if the first time they're going to be up there together on the stage. what do you think he has to do to make? we are about to speak with one of his senior advisors. >> the main thing is to avoid gaffes. if i don't know if he is capable of doing that but every time he has one of these big appearances, odd things come out of his mouth. sometimes they're just historically inaccurate, sometimes he seems to be suffering stammering ses up on stage. i think you can put togethermor, it would good joe might be good to see him be the adult in the room and while everyone is busy giving way every thing possible, i'm all for taking care for people and being passionate but this idea of getting multitrillion dollars further

into debt with one giveaway and more debt forgiveness it so on and so on. >> martha: we will talk to simone about that in just a second but one of our reporters was out in the field covering the campaign said that it was her reporting -- for reporting says that he's going to lean into explaining that he has been a progressive or a very long time. i thought that was interesting and i'm going to ask her about that as well, but he doesn't seem to want to cede that ground and say i'm the adult in the room, as you put it. >> what's interesting is that he is still doing as well in polls that he is. the people who are in the democrat party who are on twitter, tv, the actors, they are very far left, there are still centrist democrats out there. return to the private sector and if he speaks in a way that keeps them engaged, i think that people even though may scream and yell, that maintains that level of support out there for the people who will actually be voting in the primaries. >> martha: trip in to

president trump folks flew a big banner on the back of an airplane against socialism over this used in debate site today. obviously -- be his go to place, do you really want to transform the government of the united states into something completely different and potentially take away people's health insurance as well. >> i think that's absolutely right and it would be one thing if the left was pushing all of these giveaway programs if the economy was sinking and people are losing homes and losing their jobs. we have record low black unemployment, record low hispanics, people of asian background. a couple points at the all-time high on the dow and the other markets so for them to offer this at this time is i think a complete disconnect what the economic reality is. >> martha: thank you, always good to see you, thanks for coming in tonight. as i said, joining us now from the side of the democratic debate tonight in houston, texas, simone sanders is a biden 2020 campaign senior advisor. thank you very much, it's great to have you here this evening. >> nice to be with you tonight, thank you very >> martha: exciting night for your candidate to be sure and one of

the things that has been discussed in politico this week is this suggestion that to vice president biden's allies and his supporters, they feel that one of the reasons that he is getting so much attention on these gaffes is that the younger reporters are essentially not being fair to him, not hearing his own message. >> well, look, martha, i believe the underlying sentiment of that story is basically something our campaign has had from the beginning. there is a press narrative out there and sometimes that press narrative doesn't necessarily bear up with what we are seeing on the ground. that's understandable. i don't think i've ever met a reporter didn't ask for more access and i don't think i've ever met a campaign operative that didn't say they weren't being covered fairly. so this is something that's not new, but what we will say is tonight on the debate stage, you can expect vice president biden to distinguish himself on policy. folks are making a lot of hype about the fact that is going on stage with elizabeth warren, the state has "shrunk" but you can

expect them to talk about policy and his distinct -- the distinct differences between himself and the other folks on that stage on a policy note, not personal attacks. >> martha: one of the things that strikes me and he just mentioned it in terms of saying his advice would be that he needs to show that he's a grown up on that stage and then i thought it was interesting that some of the notes that came out in terms of direction for where he wants to go tonight weighed heavily on the side of he wants to make it clear that he's been a progressive since way back. but there's another way to go and i'm going to be very curious watching tonight to see if he says you know what, i don't actually agree with these folks on either side of me on a lot of things because i think that's why he is higher in the polls than the others, because he does present a viewpoint that i think a lot of people, maybe not on the stage, but out in america, might connect with. >> we would agree on the notes

that the vision vice president biden has put forth for america is a vision that actually really does resonate with american people. where we push back on folks out there not only in the media, but other campaigns and vice president biden doesn't have bold visionary plans, that he's not reaching for the sky, and he absolutely is. i don't think there's anything incrementalist about addressing climate change, about fixing our economy. nothing of the sort, so you can expect him tonight to talk about his bold vision for all of those issues, but also to talk about foreign policy. climate change, the economy, these are all foreign policy issues. america only accounts for 15% of the world's emissions so if we want to do something about climate change we have to get the rest of the world involved in the only person on that stage tonight but has proven he can do that and is ready to do that, he or she can do that and is ready to do that on day one is vice president biden. >> martha: what about the concept of medicare for all? he has said that he will allow people, the hundred and 70, 80 million americans who have a

health insurance policy already and most of them would like to keep it, is that something or he would try to drive a moment and really drop contract with other people on the stage with other people have said eventually they want to take that away from those hundred and 70-180 million people? >> you can expect vice president biden to give a forceful defense, if you will, of obamacare, but also his own vision for how he builds on that success. if there are real's distinctions in this race when it comes to health care, for example. when it comes to plans on climate change. vice president biden believes there are some folks in a debate stage tonight who aren't being straight with the american people and we are going to talk about how you pay for your plan and if people really are truly covered. i am expecting a very vigorous debate on policy tonight and you can expect health care -- >> martha: so he's ready to go? he's ready to go? >> he's ready to go. we are going to talk policy, he's ready. >> martha: we will be watching, good to have you here tonight. a star athlete forced to forfeit

his scholarship and his degree because of ncaa rules banning college players from profiting off their name. what he thinks about california's push now to change the rules and ncaa's last-ditch attempt to fight back. ♪ you wouldn't accept an incomplete job from anyone else. why accept it from your allergy pills? flonase sensimist. nothing stronger. nothing gentler. nothing lasts longer. flonase sensimist. 24 hour non-drowsy allergy relief

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♪ >> martha: so college athletes may be one step closer to getting paid while they play in school. the california state senate has just passed a bill allowing athletes to earn money from their name, image, or likeness through sponsorships or endorsements beginning in 2023. the bill now headed to governor gavin newsom's desk. he has not said yet whether or not he supports it. according to my next guest, this change has been a long time coming. he lost his division i fall scholarship for making these youtube videos using his own likeness to earn subscribers and ultimately some money from advertisements. donald de la haye left the university of central florida, division i football and he now plays on the team for the toronto argonauts in the canadian football league. donald, great to have you here, thank you very much for being here tonight. >> thank you for having me. >> martha: tell me what happened to you. >> so i basically just love

making videos all my life. i started making videos when i was 12 and had carried on into college and since i had a little bit of free time i found what not better -- fact is, shoot videos and edit them and put them on youtube and i started blowing up a bit and before i knew it, ncaa came through and would like you can't do this, you're getting paid, it's against the rules, so there might be some issues here. >> martha: so you lost her scholarship and ended up leaving college. was that a hard decision for you to not get your college degree? and you have have any regrets about that? >> it was extremely tough. i went back and forth. they kind of made me make the decision so i went back and forth for like a month. i cried some nights, not even going to lie. but at the end of the day, i made a decision that was best for me and what i felt in my heart was right and i do not regret it one bit. i'm almost at 2 million subscribers now, living a great life, happy. so i don't regret it at all.

>> martha: you must've signed a deal, right, when he became a division i athlete and i would imagine that in that it said that you couldn't use your name or your likeness to make any money. basically, like any contract in life, you were there's, for that time period. in exchange of her getting to go to college for free, right? >> i feel like that was a little bit too much. i was studying marketing. this was a marketing student i'm using the things that i learned, the tools i learned in class every single day and applying them to my life and my business and basically it was illegal because i had a number on my back. if >> martha: so what's the big dream before i let you go? what you want to be in your future, is a youtube star or a football player? ultimately? >> honestly, i'm just living life. i feel like i have both avenues open right now. youtube is going great, football is going great. >> martha: well good luck to you. >> i just want to be happy. >> good luck to you, donald, be

happy and good luck on the field in toronto as well. thanks for being here, good to talk to tonight. >> i appreciate it. >> martha: jim gray, fox news contributor, good to see you tonight. what are your thoughts on what they're doing in california and do you think it's right? >> i do think it's right. i do think the state legislature in this instance does have it right. i mean, come on, step into the 21st century, ncaa. if these guys name and their likeness. it's them, they should be able to use this and earn that money. if they don't earn money from any of the other things they are bringing in. look at the institutions that are profiteering, the sneaker companies, the agents, the coaches. everybody except for the people producing the product. everybody else gets attention and they can't. now they want to step in and say this is not right either. this is wrong on the ncaa on all levels. >> martha: georgie's dumb actors is on -- they don't get any money for it. on the other side of the equation, maintaining the college spirit of athletics and

perhaps there is a way that the ncaa could say, look, we're going to put this money in an account for you, what you have to say this, you can't spend it when you're in college, we want to invest in your future, do you agree with any kind of regulation like that? >> i really don't. i think they need to revamp the whole thing, because, look, come on, it's just time. these guys are bringing in billions of dollars and these gals where they generate some of the revenue. and i really don't. i think that it's long past due for there to be reforms for this. and you said something there. these are not student athletes. these are athlete students. predominately the people playing football and basketball on the men's side are there to pursue a professional career and since they're really not student athletes, they're not there to be college students, they are there to pursue their athletics and this is the system in place in that system needs to change. they need to be paid. if >> martha: let's talk patriots before i let you go.

let's talk about antonio brown decision. now is been accused of rape. if i don't think that you think this whole thing was a good ide idea. >> well, look at the way he behaved with the raiders. it was reprehensible. it was awful on all levels. he should have been punished for his behavior there, not rewarded for going to the best team with the best quarterback, thelaears. it was wrong at all levels. now this accusation, it's an accusation. i think that before he should be placed on the suspended list or on the commissioners exempt list, i think that it really needs to be investigated so it's not just a he says she says. if it needs be thoroughly vetted out because if it's not, i don't know what happens -- only those to know what happened and now it's up to the commissioner and those investigators to find out exactly what happened, but it runs the slippery slope of anybody accusing somebody of anything at any time and then you go on the suspended list,

the commissioners exempt list and that's not a fair process, so there has to be a due process and a fair process here before he is put on that list. >> martha: for those who are not familiar with him, explain a little bit about his history. >> he's a great player, he's a great wide receiver. he is dynamic, he set the nfl standard here at the wide receiver position. he is terrific when he's on the field. he can be a major disruption off the field. he put on the steelers at the end of last year when they need him most, ran a facebook live chat and exposed his team when they were in the celebration on coach tomlin. videotaped and audiotaped john gordon, which is illegal in the state of california, and then released that on youtube last week. he arrived in a hot air balloon full of hot air, his feet were burned from cryotherapy, so he went from both extremes, from the hottest of the hot to ice-cold in his behavior was

just -- it was just abysmal. you know we had to change his helmet to comply with the new rules and he wouldn't change his helmet. this guy did everything exactly wrong, wrong on all levels. the raiders did everything right and he gets released of a $30 million guarantee, takes a $9 million guarantee and gives a possibly 15 to $21 million to go to the patriots and they shouldn't have been permitted. they should change this so this can't happen very >> martha: just about 15 seconds left. >> that's a story in a nutshell. >> martha: why would bill belichick hire him then given everything you just said? >> because he's a great, great player and bill belichick has not figured out a way over the past nine or ten years to cover antonio brown when he was with the steelers, so now he doesn't have to figure out how to cover him with another team. >> martha: if you can't beat them, join them. >> and when he's on the field he is great. it's all this other stuff. but he won't act like this with the patriots. >> martha: we don't think so, we will see. thank you veryal much, more ofwh "the story" right after this,

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>> martha: jarl james mattis, live this week check it out. good night, everybody. ♪ ♪ >> tucker: good evening and welcome to "tucker carlson tonight." possible that no single person physically embodies the spirit of corruption in washington, d.c., more perfectly than the former acting director of the fbi. in 2016, in the early days of the presidents administration, he used his power which was considerable at the stoke a witch hunt russian collusion. holding a position of public trust found public trust. he leaked sensitive information to news media for political gai gain. he was caught doing this. he was caught, he play the