Rep. Steve Scalise on resolve in Congress to pass tax cuts

This is a rush transcript from "The Story," November 16, 2017. This copy may not be in its final form and may be updated.

MARTHA MACCALLUM, HOST: Good evening, everybody. I'm Martha MacCallum. Welcome to "The Story." A day of chaos, accusations, apologies, and denials.


LEEANN TWEEDEN, RADIO HOST: He put his hand on the back of my head and he smashed his face -- it happened so fast. And he just smashed his lips against my face.

SEN. AL FRANKEN, D-MINN.: During the show, I was kind of the co-host with a beautiful woman named Leeann Tweeden.

UNIDENTIFIED FEMALE: I do support that there should be an ethics investigation, and we'll --

ROY MOORE, REPUBLICAN SENATE CANDIDATE: There've been (INAUDIBLE) about me taking the stand. Yes, I have taken the stand in the past, I'll take the stand in the future, I'll quit standing when they lay me in that box and put me on the ground.

SEN. MITCH MCCONNELL, R-KY., SENATE MAJORITY LEADER: I think it's safe to say that if he were to be sworn in, he would immediately be in a process before the Senate Ethics Committee.

SARAH HUCKABEE SANDERS, WHITE HOUSE PRESS SECRETARY: The president said in his statement earlier this week that if the allegations are true, then that Roy Moore should step aside.


MACCALLUM: It's a political hotbed of he said-she said leaving some rightly banished for deeply offensive behavior, and others, perhaps, wrongly accused. Some will lose their careers in all of this. And others may get off with just an apology. But there's no doubt that this moment is fraught for all involved. So, where are we all headed in all of this? And in this round, in particular, chief national correspondent, Ed Henry, joins me now live at the White House with the latest round after Roy Moore and Al Franken spent their day in the hot seat. Ed?

ED HENRY, FOX NEWS CHIEF NATIONAL CORRESPONDENT: You're right. Good to see you, Martha. Democrats have certainly enjoyed the last few days of watching Republicans twist in the wind over sexual misconduct allegations against Roy Moore, a candidate for office in Alabama. Today, we saw the #me2 movement actually strike a sitting senator, and this time he's a Democrat. As you noted, Al Franken has been leading as well the charge against Attorney General Jeff Sessions about whether he testified truthfully and acted appropriately in terms of contacts with Russia.

Tonight, it's Franken who's apologizing after TV and radio personality, Leeann Tweeden, went public with two separate incidents which she says took place on a USO Tour back in 2006, including at least one that she classified as a sexual assault involving Franken before he was a senator. Here's what she said, the former "Saturday Night Live" cast member did to her when they rehearsed a skit for the troops.


TWEEDEN: He put his hand on the back of my head, and he mashed his face -- it happened so fast. And he just mashed his lips against my face. And he stuck his tongue in my mouth so fast. I remember, I pushed him off with my hands and I said if you ever do that to me again, I won't be so nice about it the second time.


HENRY: Now, later she said on a plane returning home from the tour, Franken groped her breasts while she was sleeping. You can see it in this photograph that someone snapped. Franken put out a statement declaring he does not remember the rehearsal as Tweeden does. Nonetheless, he offered a full apology to Tweeden, as well as everyone on the USO Tour and his constituents from Minnesota. Franken added, he feels shame over the photo: "I don't know what was in my head when I took that picture and it doesn't matter. There's no excuse. I look at it now, and I feel disgusted with myself." That's Al Franken.

Now, Democratic leaders like Chuck Schumer immediately called for a Senate ethics probe saying, "Sexual harassment is never acceptable and must not be tolerated. I hope and expect that the ethics committee will fully investigate this troubling incident as they should with a credible allegation of sexual harassment. Franken said tonight he will cooperate with this ethics probe. But Politico is reporting tonight that some Democrats and Republicans are already privately whispering that Franken may have to resign because that photograph is so damning, Martha.

MACCALLUM: Ed, thank you very much. Here now David Wohl, an Attorney and Conservative Commentator; Juan Williams, Fox News Political Analyst and Co- Host of "The Five." Gentlemen, good to have the both of you here. First, Roy Moore did step out today. David, last time you were here, you defended Roy Moore. Do you still stand by that?

DAVID WOHL, ATTORNEY AND CONSERVATIVE COMMENTATOR: Well, look, I will say this. The more accusers that there exist, the more difficult it is to defend someone in any circumstance. Now, the fact is, though, that some of these women were involved with him when and it wasn't actually a criminal offense, they were of the age of majority.

A couple of them, at least, was too young and it would amount to a criminal defense. But these are four-decade-old allegations, Martha, and the evidence is flimsy. He has said -- he's accused -- he has said he did not do it. If there's no independent evidence to show that he did, there's not some sort of circumstantial evidence to prove that he did these things.

That by definition, they're not provable. They didn't happen. And that's the problem the Senate has. And by the way, Alabamans feel at this point that The Washington Post and Gloria Allred are telling them not to vote for Roy Moore and that's a toxic combination.

MACCALLUM: You know, that's what so -- that's what I was getting at in the intro today. This is such a potent brew. And nobody should be able to get away with assaulting a 14-year-old girl. I mean, I think everybody agrees, you know, that that one is the one that sort of is so clear. He should never have spent any time with this 14-year-old girl if indeed that happened, you know. But you look at the big picture here, Juan, and there is this sort of political fierce battle underlying all of this. And accusations do become labels that stick to people whether or not some of these cases may not be provable.

JUAN WILLIAMS, FOX NEWS POLITICAL ANALYST AND HOST: Well, I think a big difference here is between Hollywood and elected officials, Martha. Because what you see is, in Hollywood, you know, Harvey Weinstein, Kevin Spacey, you can decide not to go to the movies, listen, or whatever. But you're talking about elected officials, we invest our authority, we give then our vote, we -- I assume that they're looking out for our best interest as a community, as a nation. And so, we have to make a judgment about someone like Roy Moore or someone like Al Franken.

MACCALLUM: What about Al Franken, Juan? I mean, what's going to happen to him?

WILLIAMS: Well, I think what happens now, and I think you've seen today, the Democrats have launched an attempt to somehow protect him with them saying that they agree that he should be subject to an ethics probe, and Franken agreed to it. So, you see all the Democrats are able to, in essence, well, hide behind the claim that you know what, we're investigating, we're treating this seriously. I must say, this is wholly different than what's something that's going on the Republican side with Roy Moore. Something that is splitting the Republican Party. But again, I think the Democrats feel exposed to the charge of hypocrisy if they don't go after Al Franken right now.

MACCALLUM: All right. Another big story that rocked the political world today, the federal corruption trial of New Jersey Senate, Bob Menendez ended in a mistrial. The jury deadlocked and failed to return a verdict. Menendez had to say this in an emotional appearance after the verdict.


SEN. BOB MENENDEZ (D), NEW JERSEY: To those who were digging my political grave so that they could jump into my seat, I know who you are and I won't forget you.


MACCALLUM: There was more where that came from. Moments later, Senate Majority Leader, Mitch McConnell, issued this statement saying, "I'm calling on the Senate Ethics Committee to immediately investigate Senator Menendez's actions which led to his indictment." Trace Gallagher with more on this in our West Coast Newsroom. Hey, Trace.

TRACE GALLAGHER, FOX NEWS CHANNEL ANCHOR: Hi, Martha. The trial went 11 weeks. The jury deliberated 15 hours before deadlocking on all 18 counts. One juror said they reviewed the evidence "slowly, thoughtfully, and in great detail" but were not willing to move away from their strong viewpoints. Watch.


UNIDENTIFIED MALE: I just wished there was stronger evidence way out of the gate where, you know --it was a victimless crime, I think. And it was a crime where it was an e-mail trail. And I didn't see a smoking gun.


GALLAGHER: The judge declared a mistrial saying that further deliberations were futile. Prosecutors then asked if the jury could be allowed to reach verdicts on some of the charges but the judge refused. Senator Menendez was facing charges of conspiracy, bribery, and abusing the power of his office. Prosecutors say Menendez did political favors at the highest levels of government for a wealthy Florida eye doctor who's a long-time friend. In exchange, they alleged the New Jersey senator: accepted luxury vacations, private jet flights and nearly $700,000 in campaign contributions. But prosecutors relied mostly on circumstantial evidence to prove their case. After the mistrial, Menendez broke down while thanking God and his family, he also thanked the jury. Listen.


MENENDEZ: To all New Jersians who sought through the government's false claims and used their Jersey common sense to reject it. I appreciate their service, I appreciate their sacrifice and their time away from their family and their professions.


GALLAGHER: This is clearly a blow for the Department of Justice which had been investigating Senator Mendez for nearly five years. Prosecutors have not yet said if they plan to refile charges and retry the case.

MACCALLUM: Yes. He made interesting comments as well about what it taught him about the weight of federal government and its ability to inject itself into people's lives. David Wohl, does this end here? Mitch McConnell says he's going to bring him before an ethics panel.

WOHL: Well, that's a separate issue, Martha, but the decision whether to retry Bob Menendez will end up on Jeff Sessions' desk, you can assure that. And the decision is going to be based on the length of the trial, the cost of a trial. These gentlemen were friends many years before this took place. So, that was -- the evidence, I think, was a little on the weak side. But the bottom line, maybe, the jury split. Was it 8-8? Or, I'm sorry, was it 6-6? Was it 9-3 in favor of acquittal, or 10-2 in favor of acquittal? That may be the bottom line in the decision made to retry him or not.


WILLIAMS: Well, I think, you know, after the Bob McDonald case, he was the governor of Virginia, he was convicted, and then the Supreme Court threw it out and raised the bar in terms of what it takes to prosecute. I think it's prosecutors who are having a hard time, and I think juries who want something very hard and firm. And I think that's a problem because you have to hold politicians accountable. What Menendez said at the stand is he was walking away about holding a grudge, that was thuggish.

WOHL: It was bad. That looked like vengeance.

MACCALLUM: Yes. He thanked everyone, his family, he cried, he thanked the people who stuck up for him, even the people who didn't stick for him. But for those people, he had a special spot, he said he will not forget those who wanted to take his seat. Thanks, you guys. David and Juan, great to see you both.

WILLIAMS: Thank you, Martha.

MACCALLUM: So, still ahead tonight, Republicans in the House get it done.


REP. STEVE SCALISE, R-LA.: Congratulations to all of my colleagues. Let's go get this done.



MACCALLUM: But who's not happy? Rosy O'Donnell who slammed poor Steve Scalise, invoking his near-death experience. Yes, Scalise is up next with some words of his own for Rosy.

Plus, the president gets made fun of for drinking water after a 20-hour flight and a 12-day trip; what some are missing about the Trump presidency? Bill Bennet and his wisdom are next.

Then, these two young men went to college to start their dream, their lives ahead of them. They're now both gone. Tim Piazza's parent's case against Penn State is back with brand new evidence that the frat house video was altered.


UNIDENTIFIED FEMALE: And what's going on today?

RYAN MCCANN, BETA THETA PI BROTHER: We have a friend who's unconscious. He hasn't moved. He's probably going to need an ambulance.


MCCANN: He is 19. I guess, 19-years-old.



MACCALLUM: So, it was an update today on Wall Street as the House passed their tax cuts.


REP. CARLOS CURBELLO, R-FLA.: All right. What a country and what a day. Today, we're one step closer to tax relief for every American family.

REP. KEVIN BRADY, R-TEXAS: This is an incredibly exciting day for the American people.

REP. PAUL RYAN, R-WIS., SPEAKER OF THE HOUSE: I've got to say this is nothing short of extraordinary.


MACCALLUM: The guys are feeling good, obviously. They did lose 13 Republicans in the House that wanted to hold on to their state and local tax deductions. Moments ago, I spoke to House Majority Whip, Steve Scalise, and asked him about the tall order ahead if the bill, in the end, after the conference, ends up cutting those state and local tax deductions and also repeals the individual mandate. Can it get passed moderates in the House?


REP. STEVE SCALISE, R-LA.: Well, Martha, if you look at the bill that we passed today: we had 227 votes, which is more than what we needed. But also, there is a real resolve amongst our members to get this done and to see it through all the way to President Trump's desk. So, whatever the Senate does, they've got to first prove they can get 50 votes, and I encourage them, and I'm confident they'll get 50 votes on passing a bill up that achieves the same things we did -- and that's cutting taxes for families, making our country competitive again, bring in jobs back to America. And so, our bill does that. I would imagine as they pass their bill our, we'll get our conferees to go and figure out the differences, and we'll pass the final product.

MACCALLUM: Yes, but, as you know, right now the Senate bill removes all of the state and local tax deductions and it adds repealing the individual mandates. So, would that fly on your side? Could you get a majority?

SCALISE: No. The salt fix that we did in the House, which really does cut taxes for even those families, lower income, middle-income families in those states like New York, New Jersey, California, Illinois. We're going to continue to make it better, but it's going to have to have that fix that we had in the house version for it to pass the House in the final product. And I'm confident that as Chairman Brady and our other leaders work out the differences, the Senate recognizes that has to be done in our bill even though it wasn't in theirs.

MACCALLUM: Well, you know what you're going to hear from the Democrats' side? And it was, sort of, encapsulated in a lovely and characteristic tweet from Rosy O'Donnell today, who called you names and suggested that, you know, your life had been spared, and that you need to, sort of, be kinder to people, that this is a heartless bill. What is your response to that, sir?

SCALISE: Bless her heart. I don't know what she has against tax cuts for middle-class and hard-working families who deserve it. But, you know, when you have to resort to the kind of, name calling and cursing that she did, I think that tells you that we won the argument, and the American people want this. This is going to be great for the economy. So, you know, let the liberal elites cry because they lost the election. But look, President Trump's working with us closely to do the things that we promised to do, and that's to get our economy back on track.

MACCALLUM: But you are going to face election difficulties in 2018 if these passes, because that's going to be the line from Democrats, that you took away healthcare, and that you left the individual tax cuts in a state where they'll expire, eventually. But the corporate tax cuts are based on the case.

SCALISE: Well, first of all, they're going to get real tax cuts -- the middle-class, the hard-working families. The average American family is going to get about a $1,200 tax cut back in their pocket. Plus, the estimate shows what the economic growth that will come out of this. Average families are going to get about $2,500 more in wage growth. You haven't seen real wage in people's paychecks, so they're going to get more in their paychecks, and more in their pockets from doing their taxes -- and the code will be so simple.

MACCALLUM: And you will commit: every single family in American will pay less in the end?

SCALISE: Every single-income bracket in this country is going down. We're cutting rates across the board.

MACCALLUM: All right. That's different than (INAUDIBLE) obtained back in the end.

SCALISE: But look, in the end, people are going to be -- this is a $1.5 trillion tax cut. 1.5 trillion in tax cuts is going to affect everybody. You're going to like this tax code. In fact, over 90 percent of Americans will do their taxes on a postcard, which by the way that will even save them more money if they're paying somebody to prepare their taxes.

MACCALLUM: All right. Congressman Steve Scalise, always a pleasure, sir. Thank you so much for coming in tonight. Good to see you on THE STORY.

SCALISE: Great to be back with you.


SCALISE: Good work for the American people today.


MACCALLUM: So, here now one of the 13 "no" voters, California Congressman, Darrell Issa. Congressman, welcome, good to have you with us tonight. You just heard my discussion with Steve Scalise, what's wrong with this bill? Why did you vote "no"?

REP. DARRELL ISSA, R-CALIF.: Well, I think the way to look at it is famously -- Abraham Lincoln talked about a 6-foot-tall man drowning in a river that had an average depth of five feet. A bracket that he says goes down on the average doesn't represent, for example, a two-income family living in New York City. A two-income, no children -- or maybe their children in college family living in California. There are a number -- a significant number in the millions of people, particularly in California, New York, New Jersey and states like that, who are going to actually have a tax increase.

With 1.5 trillion being spent, if you will, to cut taxes, why do they have to increase taxes on anyone, and why did have it to be discriminatory toward a few states, especially when you consider the states that I just mentioned. We're donor states. We already give more money to the federal government than we get back. So, the test should, in fact, have not been one in which some states won and some lost. But I'm proud of those who crossed party lines to say this tax could have been fairer than it was.

MACCALLUM: Well, you know, there's a number of senators on the other side of Capitol Hill who are also likely to vote against this bill. How do you feel about possibly being part of those who keep the GOP agenda from moving forward?

ISSA: Well, we can move the GOP agenda. There's no question at all. But we may have to change this bill. As they go into conference, there's nothing that would stop them from putting salt back in and making real changes that would make it possible. One suggestion that Tom McClintock and I said, was, look, if you put a provision in that says, you will not pay a higher tax than you currently pay, which is what they imply in the last segment. Let CBO score it and find an offset for that. I'm not saying you have to give back salt, but I am saying that none of my constituents should pay more in what is, in fact, a $1.5 trillion tax cut, but that is what we are going to do in many cases. And many of those people will be middle-income people; they will not necessarily be in one group, they'll be in various brackets.

MACCALLUM: Congressman Darrell Issa, thank you very much, sir. Good to see you tonight.

ISSA: Thank you.

MACCALLUM: So, after 12 days and five countries, and tens of thousands of miles, President Trump takes jabs for taking a sip of water. Bill Bennett on the new Watergate, shall we say, the Trump presidency and what Joe Biden is really up to.

Then, two young men leave for college not knowing that they would never return home again. Instead, becoming victims in a growing trend of tragedies on American college campuses. The parents of one of those young men, here with a warning after learning that there may have been a cover-up in the crime that left their son dead.


JIM PIAZZA, FATHER OF TIM PIAZZA: We're making holiday plans without our son, Tim, because of your actions.



MACCALLUM: So, after a 12-day trip and 20 hours-plus of flying from the Philippines to Hawaii, to D.C., the very next day, the president got back to the White House, within hours he was in front of the podium giving a speech. He needs a sip of water. It was kind of a funny, awkward moment. But to some extent, it became more of a story than the substance of the speech.


UNIDENTIFIED FEMALE: The president's victory lap was somewhat derailed momentarily on live tv by a sudden case of dry mouth.

UNIDENTIFIED MALE: His mouth got so dry, he had to stop and search for a bottle of water to quench his thirst.

UNIDENTIFIED FEMALE: He's going to have to learn that you cannot deliver a major speech, build up the speech, and then stop and make a -- and just take water.


MACCALLUM: Oh my, oh my, oh my. In light of his trip, you know, it's interesting to remember the pre-trip discussion was what, oh, it's going to be too long for him, he doesn't like to be away from home that long. Then, he ends up extending the trip by a couple days. Remember, in early days of his presidency, the scuttlebutt was that, oh, he would want to be in New York all the time, D.C. would just be a day job for him. So, whatever you want to say about this president, one thing has become pretty clear, he certainly has plenty of energy for this job. So, what does that tell us? What have we learned about this president in terms of the person that the country thought he would be in the White House, and what we're actually seeing in reality?

Bill Bennett, Host of "The Bill Bennett" podcast and a Fox News Contributor weighs in. Good to see you tonight, Bill, what do you think about that?

BILL BENNET, FOX NEWS CONTRIBUTOR: Thanks, Martha. I would say if the man is going to give a speech and interrupted for having a drink of water, he needs to be impeached, clearly. This is a this is a clear violation of -- I mean, what is wrong -- and it tells us more about these people who are commenting on it. I mean, it was kind of charming, and then he had an exchange with the Rubio, Marco Rubio, who famously paused in his talk after Obama spoke and took a glass of water. The guy needs a glass of water. He's been working hard. He extended his trip, as you said.

And by the way, I mean, that's a great intro. People thought he was going to be in Mar-a-Lago and New York, you know. It's just not giving up his lifestyle, he's radically changed his lifestyle. When he said he was going to dedicate himself to this job, he has, he went over there, it was a very productive trip to China experts I know. A little concerned about getting too close to China, but think that it's very good that he can talk to China and get them to do some things that we want.

Look, I think even some liberals that I've listened to have said North Korea has calmed down, thanks to China's intervention and Trump standing up. Remember when people were comparing him to Kim Jong Un? You know, they were two peas in a pod, Trump and Kim Jong Un. Kim Jong Un, no missiles launched lately. So, I think this diplomacy and this hard work that he's been showing has been paying off. He's a workhorse.

MACCALLUM: He is a workhorse. You know, I mean, you can see. I mean, a lot of people don't like him, and they can say whatever they want. But, you know, the idea is when you think about back to the beginning, you know, when he came down to the escalator and everything, in fact, then people said, oh, it's a publicity stunt. You know, this is not a man that wants to go out the campaign in Wisconsin and places like Pennsylvania. Well, guess what? That's exactly what he turned out to love doing, Bill. And I just find the ethic of the way he goes about being president very interesting, and I think it is difficult for some people to believe and to swallow and to say, you know, that -- and to give him credit for it whatsoever. Just put up this poll for a minute, guys. The Quinnipiac poll on Trump media. Do you approve or disapprove of the way the news media has covered President Trump. Fifty eight percent disapprove, that might be for various reasons, right?

BENNETT: No, sure, 58 percent disapprove. They all know that he's gotten an unfair handling from the press. Even Jimmy Carter said he never saw anybody treated so badly by the press as Donald Trump. But you know what? He keeps going. He'll throw a few barbs at the press, but he keeps going. It doesn't slow him down. We know he doesn't get much sleep. We know he's up early in the morning tweeting, and he's hard at work. This is an impressive presidency. And what about today? All of these sex accusations and all these stuff out there. But what the house did today was great. And if you get the senate and go to conference and get a real tax bill out of here, boy, you're going to hear about that. He's going to tell us he did it, and that's fine because he'll take a lot of credit. Ryan deserves a lot of credit, too. So will the senate. But this will be a real achievement. Comparable to what Obama did with healthcare. That will be a great, great thing. Real governance, real politics.

MACCALLUM: Yeah. You mentioned China and, you know, President Xi said this during the trip last week. Watch this.


UNINDENTIFIED FEMALE: As I said to the president, the Pacific Ocean is big enough to accommodate both China and the United States.


MACCALLUM: You know, a lot of people saw that as a somewhat chilling statement. There's a quote from Ian Bremer at Eurasia Group saying, you know, there's a couple of speeches that really change the course of history. One was Mikhail Gorbachev, as the disillusion of the Soviet Union was underway, and the other he believes is when President Xi Jinping said that China was ready to become a super power. There's a big moment happening here with China that the president is going to have to deal with. Quick thought on that, if you could.

BENNETT: Sure. Sure is. It is a big ocean. But as we know, from World War II, and the brave men of our U.S. navy, you know, it could be traversed. You can go across that ocean and many battles were fought. That turning point in midway. Yeah, it's a big enough ocean for both countries, but we need that blue water fleet. We need to increase the size of that fleet so we're certainly the dominant position in that Pacific Ocean and not a subordinate one. We know about their build-up. Good talking we see, but make sure we build up. Verify and strengthen the country while you're talking diplomatically to the president of China. Do both at the same time.

MACCALLUM: Bill Bennett, always a pleasure, sir. Thanks. Good to see you tonight.

BENNETT: Thank you. Thank you.

MACCALLUM: So still ahead, a battle that is testing the NFL as team owners gang up on one of their own. Could Jerry Jones lose his Dallas Cowboys? And if so, what happens to America's team? Sportscaster Jim Gray is here.

But first, this devastating story, 18 drinks in 82 minutes. Fraternity hazing that cost Tim Piazza his life. Now the video that his so-called brothers said did not exist has been revealed. Now another fraternity brother has also lost his life, as campuses reel and manslaughter charges now look provable. Tim Piazza's parents join me live here in New York next.


UNINDENTIFIED FEMALE: And was he breathing?

UNINDENTIFIED MALE: He is breathing.

UNINDENTIFIED FEMALE: Was there alcohol or anything involved that you know?




MACCALLUM: So tonight, Texas State University has suspended all Greek Life activities after the death of a fraternity pledge. Twenty-year-old Matthew Ellis was found dead on Monday, and what is believed to be another hazing- related death. His death coming on the same day that Pennsylvania prosecutors filed serious new charges against 17 students at Penn State University in connection with the death of Timothy Piazza. The sophomore died in February after a night of alcohol-fueled hazing rituals. Several of his so-called brothers in the fraternity now charged with involuntary manslaughter, and a new charge as well of tampering with the evidence on the video cameras. Tim's parents Jim and Evelyn Piazza join us in a moment.

But first, Trace Gallagher live in the west coast newsroom with the back story tonight. Trace?

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Martha, not only did FBI agents restore the missing video, but also recovered a flurry of texts messages between fraternity brothers discussing how to erase the video. Court documents say the video footage is from the basement of the Beta Theta Pi house and shows much of the alcohol consumption including the now infamous gauntlet where pledges drink large amounts of booze in a short amount of time. Tim Piazza's blood alcohol level was four times the legal limit to drive, and the basement video apparently shows why. Prosecutor say Tim Piazza had 18 drinks in just under 1 hour and 22 minutes. And apparently, Piazza never obtained a single drink himself. They were being brought to him by his fraternity brothers.

Additional surveillance shows Piazza repeatedly falling, passing out, tumbling head first down a flight of stairs, then being carried back upstairs and place a couch by four fraternity brothers. Videos also show him being slapped and doused with water. When Piazza started thrashing, one brother scream that his friend needed to go to the hospital, but that brother claim he was quickly confronted and told to shut up. It wasn't until 10:48 the next morning that 911 was called. Alcohol was mentioned, but there was no mention of falling several times, including down a flight of stairs. Listen to part of the call.


UNINDENTIFIED MALE: We have a friend who' unconscious. He hasn't moved. He probably needs an ambulance.


UNINDENTIFIED MALE: He is 19. Yeah, 19 years old.


UNINDENTIFIED MALE: He is breathing.


GALLAGHER: Yeah. The grand jury said the fraternity showed indifference to clear signs that Tim Piazza was in trouble, and that they vigorously tried to conceal evidence with one fraternity brother texting, quote, make sure the pledges clean the basement and get rid of any evidence of alcohol. Then another text of the severity of the situation quoting, like what did the most damage? Response, he fell down a flight of stairs because he was too drunk. You can't blame yourself, says the pledge. How can I not? I don't think you fully comprehend the situation. He looked f-ing dead.

In the wake of the new evidence, twelve additional fraternity brothers have been charge bringing the total now to 17. Five of them, as you said, facing manslaughter charges. Martha?

MACCALLUM: Thank you, Trace. Timothy's parents and Jim and Evelyn, and their attorney Thomas Kline, join me now. You guys are very brave. I mean, it is hard for listen to that. I cannot imagine. I have two teenage sons. I can't imagine what that is like for you to listen to that. So I pray for all of you and what you have gone through. But when we did this story, originally, and we spoke, it was weird, right? That the video that showed the downstairs, oh, they said that one wasn't working, right? Now they know that it was working. How did you find out that news and why do you think that it took so long for that video to be recovered?

JIM PIAZZA, FATHER OF TIMOTHY PIAZZA: Well, we found out a couple months ago that they thought the video could be recovered and the police and district attorney sent it off to the FBI, and the FBI took a couple months with it. I got a call last Thursday from the district attorney kind of filling me in as to what she saw in the video. Some of the incidents. And it was awful then. And when we heard more on Monday, it was just heart wrenching.

MACCALLUM: So Evelyn, you have not watched this video, and you don't plan to watch this video.


MACCALLUM: What was your reaction, Evelyn, when you learned these new details about them intentionally removing this tape, which could have given you a lot of evidence and now will?

EVELYN PIAZZA: Well, now we know why they did it. Because it shows them intentionally feeding these pledges alcohol, way more than they should have. It's describing Tim as stumbling around. He was stumbling the whole time, and yet they kept pouring alcohol down him. So there's intent.

MACCALLUM: Thomas, who removed the evidence from this tape? Who tampered with this evidence, and how does this change the charges that they will now face?

THOMAS KLINE, PIAZZA FAMILY ATTORNEY: Well, this was the missing link, Martha. And this is a great discovery in this case. It was great detective work by a detective whose name is Dave Schicatano. He was dogged and he was persistent, and he eventually figured out that they hit the delete button. Once he was on to it, he then said we're going to get this and we're going to keep it. The D.A. tried to make sure that it didn't get back in the hands of the fraternity. They wanted it back. She insisted they didn't get it back. It was great work by a prosecutor. And then, eventually, when it got in the FBI's hands, they recovered the tape. The tape shows everything that went on that night. It shows.

MACCALLUM: Do you have to get convictions in this case. I mean, I know that there was a concern on the first round, but when you have the evidence of destroying evidence, feeding the drinks to him is on the video, right? I mean, he's a big, healthy, athletic young man, 18 drinks and 82 minutes is going to take down pretty much.


MACCALLUM: . anybody.

THOMAS KLINE: Textbook hazing.

MACCALLUM: How strong is your case against these guys?

THOMAS KLINE: Well, the civil case will be extraordinarily strong. The criminal case is also very strong. There's no doubt about it in my mind.

MACCALLUM: Jim, in terms of Penn State, you know, we've just talked about Texas State and other campuses that are removing fraternities from their campus. What's your message to Penn State?

JIM PIAZZA: Well, I have an open dialogue going with the president of Penn State, and they put forth proposals. Many of them they've implemented, some they haven't yet. So I still have a bit of concern. I still think there's some other things they can be doing. But, you know, I had a dialogue with the president today. Some of their measures he feels are starting to take. They're seeing some progress made. But there's more to do. There's more to do and it's all about enforcement. They need to enforce. When they see situations that are not working where people are hazing, where people are drinking, they need to step in and they need to do the right thing.

MACCALLUM: They need to physically be in these fraternity houses while this process is happening. I mean, they need to watch these kids. They cannot be left alone in these situations, right, Evelyn?

EVELYN PIAZZA: No. They really should have an adult present for all pledge activities.

MACCALLUM: No adult legally wants to be present for any of this, right?

THOMAS KLINE: Universities, more globally is a proposition, universities need to own these fraternities. Universities have run away from their responsibility to own what goes on for their own student's safety and their own student's welfare. That's the bigger problem.

MACCALLUM: Evelyn, have you heard -- last time we talk, have you heard from any of these young men, any remorse shown on the part of any of them?

EVELYN PIAZZA: Not really. One supposedly broke down during the tape being shown in court. One did reach out to us. And that's the extent of it.

JIM PIAZZA: One of them had reached out to me in particular. He said he was Tim's friend, and say he would do anything he could do to help. So I sent him a note back and said all right. We'll talk to D.A., if you have things to say, say it. We want to hear about it. That hasn't happened.

MACCALLUM: What about the young man who's described in that -- in the audio as trying to stop them. I mean, that young man, he could have changed -- he could have changed the course of this. Not to lay more on him. Sounds like he tried, right?


THOMAS KLINE: He was pushed away physically. Literally thrown against the wall and said butt out, only in stronger language.

MACCALLUM: All right. So what is your message to young men who are out there in these situations today? What should they do?

JIM PIAZZA: Well, if you're thinking about joining a fraternity, think again. Think twice about it. And if you're going to do it, do it with a group of people and have a pact. And if you're asked to do things that are unnatural, walk away. Just don't do it. For those that are in the fraternity, you see this is serious stuff. Don't do this stuff. Hazing is illegal. Don't get involved in it. If somebody asks you to, then you should leave the fraternity.

MACCALLUM: We have a picture of young Tim doing the turkey trot last year. I know this is your fist thanksgiving and we're all thinking about you guys. And as I said to you before, we're so just encouraged by your strength. All of us who are parents of young kids and teenagers and college kids, you're speaking for so many, and I give you so much credit. Thank you very much for being here. And Thomas, good luck. Keep us posted.

THOMAS KLINE: Thank you.

JIM PIAZZA: Thank you.

MACCALLUM: All right. So coming up next, we're going to talk about a battle that is facing the NFL. We'll take a little lighter note as we close the show. Team owners are ganging up on one of their own. They're going after Jerry Jones. So could he be kicked off as owner of America's team? Jim Gray, our good friend, joins us moments away on that after this. Stay with us with more.


UNINDENTIFIED MALE: I've had not one, not one inkling of communication from league office or any owner that would suggest something that laughable.



MACCALLUM: So the NFL is getting hammered by decline in ratings, and players protest, and new internal war that is making headlines. This time around it is pitting the league and its commissioner against one of football's most powerful owners, the Dallas Cowboy's Jerry Jones. The league is now suggesting that Jones is acting in a way that's detrimental to pro-football after Jones attacked plans to offer Commissioner Roger Goodell a hefty new contract. And now the report suggest that Jones is punching back, calling for a meeting with his fellow owners.

Jim Gray, Fox News sports analysis is here tonight. Jim, good to see you. So explain the nature of the dispute between Jerry Jones and the rest of these owners.

JIM GRAY, FOX NEWS SPORTS ANALYSIS: I think that Jerry Jones and a consortium of owners, there're some others who are with him. They're just not publicly stating it because they feel they're not running a political campaign and they don't have to be there publicly. But he's alone, but he's in the forefront of trying to slow down a new contract to give to Roger Goodell. They decided 32-0 to authorize this compensation committee to go ahead and negotiate a contract and to get back to him. And Roger Goodell came out that he has asked for $49.5 million, a private jet for life, as well as healthcare for life. He got back to Jerry Jones and he said, whoa, hang on for a second, that should not be even contemplated. Let's slow this down. Let's all of us look at it. It takes 3/4 of the league to vote on moving the extra point from the two yard line to the 15 yard line, and Jerry Jones is saying we're going to give somebody a $50 million a year contract and six guys are going to decide it? I don't think so.

MACCALLUM: How much of this comes from the controversy over kneeling on the side line, and the way that Goodell has handled so much of what has -- he has to confront as commissioner of the NFL. It's been a tough time.

GRAY: I think a lot of it comes from what has gone on in the past several years from Tom Brady, and Ezekiel Elliot, and the national anthem, to the massive failure of judgment on domestic violence. The relocation of franchises. There's just been a lot of controversy that has surrounded. Part of this is just the process of being the commissioner of the National Football League. Some of this just lands on your plate. A lot of it has been very poorly handed. It spilled over into the public. And now -- just look at what the players have said about this. They're trying to have some form of unity with the players as they get ready to get into a labor negotiations here in a few years, and the players are unanimous today in their outrage over this type of compensation and they feel that they don't get health care for life. They barely get it while they're playing. Now the commissioner wants it for life? A contract that is quite frankly, you know, $50 million is obscene to most people. It's obscene almost to everybody. And particularly when they don't judge his performance as being great. So there's nothing they can do to Jerry Jones. Jerry Jones has done nothing wrong. He just says slow down the process. Let's see if in fact we want to keep this guy. And if we want to keep him, let's get it in line with something much more reasonable.

MACCALLUM: Yeah. I've got to go, Jim. But quickly, do you think that Goodell gets his contract in the end?

GRAY: I think it will be decided probably in the December meetings or in the March annual meetings in Orland, but not before then, no.

MACCALLUM: We'll be watching. Jim Gray, always good to see you. Thanks for coming tonight.

GRAY: Thanks, Martha. Good to be with you.

MACCALLUM: Quick break here on "The Story," and we will be back with an amazing story.


MACCALLUM: So we'll leave you with this. Last night, this 500-year-old painting by Leonardo da Vinci sold for $450 million. It's the most expensive painting ever sold in auction. It is called, Salvator Mundi, savior of the world, it depict Christ holding an orb. Some critics question whether or not it's real. And they say if it is real, it's not one of the master's best works because he rarely painted figures straight on, and was known for his movement in his painting. They said whoever bought it overpaid. I think that's probably safe to say, right? But it is beautiful.

So what do you think? Tweet me @marthamaccallum using #thestory. Have a great night everybody. Great to have you with us this evening. My friend Tucker Carlson is up next.

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