family says he was outed against his will on social media what his loved ones are now demanding. also tonight, the controversial new law. the state seeking to allow college athletes to get paid to play how it could forever change the game the shocking video, the driver accused of being drunk behind the wheel with a school bus full of terrified children. >> i'm totally crazy i'm so fun crazy. >> the charges she now faces. and the new alert about a popular heartburn medication the nation's biggest pharmacy chains pulling it from the shelves over concerns about cancer >> announcer: this is nbc nightly news with lester holt. good evening there is breaking news tonight that the house impeachment inquiry is now focussing on president trump's personal point man, rudy giuliani, and his possible dubious dealings with ukraine on behalf of the president. his lawyer and chief defender

hit with multiple subpoenas today, demanding records of contacts with ukrainian officials, while the president himself seemed focused on learning the identity of the whistle-blower in this exploding controversy. our hallie jackson begins our coverage a flurry of late development. >> reporter: here is another one, lester. if house democrats do move to impeach president trump, the top senate republican is now acknowledging he would have no choice but to take it up in that chamber. it comes after another twist, that new subpoena for one of the president's most loyal defenders. the president's attorney now facing a legal battle of his own tonight as three house committees subpoena rudy giuliani, looking for documents about his interactions with ukraine, though not his testimony yet. >> will you testify? >> i can't answer that question right now. >> reporter: it's the latest move by democrats ramping up their impeachment push as president trump ramps up his own attack on the whistle-blower. >> mr. president, do you know 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 incorrect as you know and you probably now have figured it out, the statement i made to the

president of ukraine, good man, nice man, new was perfect. it was perfect when the whistleblower reported it, he made it sound terrible. >> reporter: whistle-blowers are protected under the law. >> across the board people have said whistle-blowers need to be able to speak truth to power my opinion is the president has gone completely against the notion of that statute and that critically important program. >> reporter: nbc news is also learning more about that controversial call in which the president encouraged the ukrainian leader to search for damaging information about the bidens, a call his former national security adviser apparently urged him not to make. >> these are questions that need to focus our attention. >> reporter: john bolton not addressing that today but multiple current and former administration officials say bolton was concerned the president wasn't coordinating with advisers on what to say and might air personal grievances. now new information on another phone call with a foreign

leader a justice department official confirms to nbc news that president trump recently asked the prime minister of australia for help in a justice department fort to look into the origins of the mueller investigation a call requested by attorney general bill barr. a white house spokesperson saying late tonight that the doj simply asked the president to provide introductions to facilitate the ongoing inquiry, and he did so. that's all hallie jackson, nbc news, the white house. >> reporter: i'm kristen welker at the white house rudy giuliani's push for an investigation into ukraine is at the center of the impeachment firestorm with that new demand for documents from giuliani by house democrats. giuliani is mentioned in the whistle-blower complaint more than 30 times alleging the president's personal lawyer was in frequent contact with ukrainian officials. as giuliani spearheaded the effort to investigate hunter biden's business activities in ukraine while his father joe biden was vice president there is no evidence of

wrongdoing by biden. at one point giuliani contradicting himself during a recent interview >> did you ask ukraine to investigate joe biden? >> no. >> so you did ask ukraine to look into joe biden? >> of course i did. >> reporter: he told nbc news the state department asked for our help and sent us text messages, including this one, that he says was fro state department's special envoy to ukraine curt vulker he resigned last week. giuliani defiant slamming house democrats and congressman adam schiff >> i would really like to challenge the illegitimacy of this committee i can't see how you can have a committee run by a guy that's judged the case already. >> reporter: late tonight, giuliani said he received the subpoena, slamming it aside, only by democrat chairs who have prejudged this case. giuliani saying it will be given appropriate consideration. lester

>> kristen welker at the white house tonight, thanks. let's bring in andrea mitchell in washington andrea, there are a lot of fast-moving developments tonight involving the president's inner circle how does all this complicate his efforts to combat the house investigation? >> lester, tonight's developments widen the circle involving the president's closest cabinet officials. that complicates how they will defend him the attorney general was mentioned seven times in the whistle-blower's complaint and now is involved in that call the president made to australia's prime minister vice president pence helped pressure the ukrainian leader to cooperate by not showing up for his inaugural. and secretary of state mike pompeo has been subpoenaed to turn over documents, involving the forced departure of the u.s. ambassador to ukraine, and rudy giuliani's diplomacy pompeo could also be asked to testify. tonight, he leaves for italy lester >> andrea mitchell, thank you. also breaking tonight, the arrest of a california man charged with working as a foreign agent for china's intelligence service, providing a new window on u.s. attempts to crack down on chinese spies living and working among us senior correspondent cynthia

mcfadden has the details >> reporter: edward peng is in custody tonight, a naturalized american citizen, who worked as a tour guide in san francisco, despite receiving a degree in mechanical engineering in china. >> the chinese are the number one intelligence threat to the united states right now. >> reporter: no question? >> no question the russians are up there for sure but the chinese are number one and also the number one threat in the political espinoage context. >> reporter: the criminal complaint unsealed today reads like a spy thriller, complete with dead drops and code words beginning in march of 2015 when the fbi launched an elaborate sting operation, planting a double agent inside a ring of chinese intelligence operatives in china to string the chinese along, the u.s. double agent filled sd cards with non-harmful secrets carefully curated by the u.s. government from today's complaint, put the sd card in a book, wrap it in a bag, mark the package "to ed" and leave it at the front desk

of a hotel located in newark, california ed peng came to collect the package in a silver mercedes this is peng hiding $20,000 in exchange for american secrets. this went on for three years why so long? >> you don't want to watch just one dead drop. you want a sense of is this the way they operate and practice? and in this case, you can because the information you're giving them is carefully curated. >> reporter: one more piece in a very complex and dangerous puzzle cynthia mcfadden, nbc news, new york we're following the tragic story out of tennessee tonight a teen taking his own life after his family says he was outed against his will on social media. now his grieving loved ones are demanding the students involved be held accountable. here is nbc's kate snow. ♪ >> we're going to celebrate the life of channing today.

>> reporter: at a sunday morning vigil, music from billy ray cyrus, channing smith's mother remembering her 16-year-old. >> he could walk into a room and smile and light the whole room up. >> reporter: just over a week ago, channing, who had not publicly identified as lgbtq, sent sexually explicit text messages to a boy in his school. friends tell nbc news the boy sent screen shots to a female student and those spread across social media channing wrote on instagram, i really hate how i can't trust anyone because those i did were so fake. bye. within hours, he took his own life >> these messages were released on social media, and he felt just absolutely humiliated, and he couldn't face that humiliation at school that was awaiting him the next day. >> reporter: channing's family wants consequences for the teens who outed him. >> the officer that was the investigator on this case told me that he mentioned to the d.a. that he thinks the kids should be brought on criminal charges the d.a.'s office didn't want to pursue it. >> reporter: coffey county's

district attorney said no charging decisions have been made, and called any report that his office failed to act inaccurate lgbtq groups criticized that d.a. for refusing to support gay marriage the school district says it's not at liberty to make statements but counseling was provided for students. >> the ultimate message here is that the bullying, cyber bullying, has to stop. i mean, it's an epidemic now. >> reporter: being gay shouldn't be a death sentence josh smith wrote on facebook. >> we'll do everything possible to save the next kid and the next one and the next one. >> reporter: channing's family and friends are meeting tonight to plan their next steps kate snow, nbc news. if you or someone you know is struggling with suicidal thoughts, call the national suicide prevention lifeline at 1-800-273-8255 now to the trial that has captivated the nation. a former dallas police officer accused of murder after shooting and killing her unarmed neighbor

inside his own apartment nbc's gabe gutierrez is at the courthouse where closing arguments wrapped up today. >> reporter: tonight, amber guyger's fate is in the hands of a jury, eight women and four men must decide whether the shooting death of botham jean amounts to murder. >> now this jury will make a determination whether or not his life mattered. >> reporter: in dramatic testimony on friday, guyger, a former dallas police officer apologized [crying] >> i wish he was the one with the gun that killed me i never wanted to take an innocent person's life. >> reporter: during closing arguments today, guyger's defense team argued the belief that she was killing an intruder inside her own home is an entirely reasonable mistake. >> a wonderful human being lost his life, but the evidence shows it's just a tragedy. a horrible, horrible tragedy >> reporter: prosecutor, meanwhile, hammered home the point that guyger missed crucial signs that she was on the wrong floor, including this bright red

door mat outside of jean's unlocked apartment >> whether or not you want to accept responsibility is going to be forced upon you. >> reporter: if guyger is convicted of murder, she could be sentenced to up to 99 years in prison. the jury could also consider lesser charges, such as manslaughter, but the verdict must be unanimous. lester >> gabe gutierrez in dallas, thanks. here in new york a tragic twist revealed in the death of a police officer who was killed while confronting an armed suspect. the police commissioner said officer brian mulkein was the victim of friendly fire as his partner shot and killed the suspect, two of those rounds struck him also tonight, california's governor signing a first in the nation law that would allow college athletes to get paid to play, but as nbc's miguel almaguer explains, the new law is sparking its share of controversy. >> reporter: hoping to even the playing field, tonight

california's governor says college athletes can get paid to play the new law set to impact prospects who attend universities like usc, ucla, cal and stanford the fair pay-to-play act signed gavin newsom on "the shop," a show produced by lebron james. >> it's going to initiate dozens of other states to introduce similar legislation, and it's going to change college sport force the better >> reporter: the fair pay-to-play act will allow college athletes in 2023 to earn compensation for the use of their name, image and likeness out of high school, star players could sign with agents and cash in on endorsements haley hodson was stanford's top volleyball recruit. >> i think this is an opportunity for people that have skill sets, that have gifts and talent, to start to use that to better themselves. >> reporter: with universities making billions on college starts, the ncaa agrees changes need to be made but adds the new law creates confusion.

how much will college players get paid and will other states follow suit? for now, california in a league of its own, a game changer in college sports miguel almaguer, nbc news, los angeles. some important health news tonight about a popular heartburn medicine walgreens says it's joining cvs in pulling zantac and generic versions off the shelves the moveomes after the fda said it found low levels of a cancer-causing chemical in the drug chemicals in the drug. doctors say there are plenty of alternatives available. new trouble for another american retailer. forever 21, a staple in malls across the country, filed for bankruptcy protection. here is nbc's jo ling kent. >> reporter: fashion going out of style forever 21 known for massive stores and $5 shirts filing for chapter 11 bankruptcy protection, closing 178 stores in the u.s in a letter to customers, the

company said this does not mean we're going out of business. filing for bankruptcy protection is a deliberate and decisive step to put us on a successful track for the future forever 21's decline comes after rapid expansion and serious competition online and off from zara, h & m, and fashion nova all moving in secondhand start-ups like thred up also pose a threat. and more teenagers want to spend on experiences over clothes, too. >> sustainability is first and foremost for a young shopper it's not relevant to consume and keep having disposable cloths. >> reporter: changing tastes, cramping retail style. jo ling kent, nbc news there are important developments in a story we told you about last week. the 12-year-old black student who claimed three white students pinned her down and cut her hair has now admitted her story was false according to her school in virginia in a statement, her family said

it sincerely apologizes to the three young boys that she accused. there is much more ahead tonight, including the terrifying school bus ride caught on camera the driver yelling to the kids that she's crazy and she's now charged with a dui. also, the trailblazing mom making history on the track and fighting for the rights of new moms everywhere. and grab a tissue, it's the surprise invitation on the field that's inspiring america

tonight, a school bus driver in washington state is charged with putting young lives at risk, ranting at the students and driving recklessly, all of it seen on video nbc news correspondent sam brock has more. >> reporter: a chaotic bus ride home that could have easily turned catastrophic. earlier this month in a washington state suburb, the ride so terrifying for one 10-year-old student. >> i'm totally crazy i'm so fun crazy because i love

life. >> reporter: he called 911. >> her breath sort of smells like alcohol. >> reporter: 48-year-old kathryn macarone eventually pulled over, after driving as many as 90 kids that day in between - >> my marriage sucks and my husband is a son of a gun. >> reporter: she rambled on to no one inside an empty bus according to a police report, she blew a blood alcohol level more than double the legal limit for bus drivers and charged with reckless endangerment and dui pleading not guilty to all charges. >> yeah, yeah, no. >> reporter: an apparent abandonment of critical trust. she did receive an extensive background check and has been working in that school district for years. they accepted her resignation days ago she'll be back in court in mid october. lester >> sam, thank you. up next here tonight, the new record for a ground-breaking mom.

back now with the olympic star who just made history american sprinter and new mom allyson felix shattering usain bolt's record less than a year after having a difficult, premature birth. here is catie beck >> reporter: sprinting to another victory on the world stage. >> i'm just grateful to be healthy and to be working my way back. >> and allyson felix has another world championship. >> reporter: with the win in the mix gender 4x4 relay felix passes running legend usain bolt for the most golds. but this is her first as a mother >> it was really special it's been a crazy year for me. >> reporter: last november, felix had a baby girl but after an emergency c-section, her daughter cameron spent nearly a month in the nicu. it was a turbulent time for the star athlete, negotiating with a sponsorship renewal with nike, requesting protections against punishment for not meeting

performance goals in the months after childbirth felix says nike declined, highlighting the issue in a "new york times" op-ed, writing, what i'm not willing to accept is the enduring status quo around maternity, felix eventually securing a deal with athleta nike changing its policy, waiving performance reductions a year after having a baby triumphs off and on the track hard fought. >> so special. have my daughter here watching means the world to me. >> reporter: for this gold medal mom, perhaps the biggest win yet. catie beck, nbc news. up next, we've got a high school homecoming story i think you're going to like

in tonight's inspiring america, the way a high school

student asked his girlfriend to homecoming was so heart-warming, it's been shared by millions here is kevin tibbles. >> reporter: david cowan was on a mission, with balloons, flowers and a sign marching down the sidelines to ask cheerleader saris garcia if she would be his sunshine for the homecoming dance. her answer straight from the heart on bended knee, the perfect gentleman said i love you. and my how the crowd responded. >> for the world to see it and promote awareness of down syndrome and share their story and share their joy, i am very proud mom. >> reporter: the two florida students, he's 19, she's 18 have down syndrome and have known each other since childhood the couple, the picture of style cheered once more as they made their grand entrance to the dance. memories custom made for any yearbook.

>> best homecoming ever. >> ever! >> reporter: sweethearts whose smiles brighten any day. after all, she's his sunshine. kevin tibbles, nbc news. >> what a great couple that's "nbc nightly news" for this monday. i'm lester holt. for all of us at nbc news, thank [cheers and applause] ♪

♪ if i'm shinin', everybody gonna shine ♪ ♪ i was born like this, don't even gotta try ♪ ♪ i'm like chardonnay, get better over time ♪ ♪ heard you say i'm not the baddest, you lied ♪ ♪ it ain't my fault that i'm out here gettin' loose ♪ ♪ gotta blame it on the goose ♪ gotta blame it on my juice, baby ♪ ♪ it ain't my fault that i'm out here makin' news ♪ ♪ i'm the pudding in the proof ♪ gotta blame it on my juice ♪ ya-ya-ee, ya-ya-ee, ya-ya-ee, ya-ya-ee ♪ ♪ blame it on my juice, blame it, blame it on my juice ♪ ♪ ya-ya-ee, ya-ya-ee, ya-ya-ee, ya-ya-ee ♪ ♪ blame it on my juice, blame it, blame it on my juice ♪

♪ somebody come get this man ♪ i think he got lost in my dms, what? my dms, what ♪ ♪ you better come get your man ♪ i think he wanna be way more than friends, what ♪ ♪ more than friends ♪ what you want me to say ♪ it ain't my fault that i'm out here gettin' loose ♪ ♪ gotta blame it on the goose ♪ gotta blame it on my juice, baby ♪ ♪ ya-ya-ee, ya-ya-ee, ya-ya-ee, ya-ya-ee ♪ ♪ blame it on my juice, blame it, blame it on my juice ♪ ♪ ya-ya-ee, ya-ya-ee, ya-ya-ee, [cheers and applause] >> kelly: [screaming] hi, y'all! happy monday! welcome to "the kelly clarkson show." all right, y'all. i know that mondays can feel like the hardest day of the week. but i also say, if you are not having a great day, change it. that is literally what i say on the bottom of my email. i also say things