russians and his businesses in russia. and his transition. period. and which flynn and others were acting in concert with russians for god knows what. we don't know yet. there's a lot we don't know. what we know is that everybody involved including the president of the united states has lied and lied and lied about virtually everything that we know having to do with this question of the administration that the campaign and presidency in their relationship with russia. and russians. that figures in what happened when they called on the possibility of the 25th amendment. if you read the excerpt from his book. and one of the things we have here is whether you like or hate mccabe, he has notes. he has notes. and there are others to whom he briefed and told the same story.

also rosenstein. will come out with an account. >> mccabe was sanctioned by the fbi for lack of candor. not being truthful. and fired. >> absolutely. and he has this credibility problem. and he may yet be indicted. he's under criminal investigation. at the moment. by the u.s. attorney office in connection with with the statements that the inspector general of the fbi said were false. now they didn't relate to this directly. but, this is a part of the story as well. i think everyone has to figure that in. in assessing credibility. >> you have the mccabe saying just like comey echoing comey. he felt like he was dealing with the mob. >> absolutely. except -- comey said the italian mob. mccabe said russian mob. the gist was the same. >> karl, i want to say happy birthday to you. and we very much appreciate you

spending the night with us. there you are. it's -- there it is. >> karl bernstein is a great hero of mine. the reason i became a journalist. >> it's an honor to appear with him. jeff, thank you. >> it's not my birthday. i'm all right. >> thanks. >> all right. sorry. go ahead. >> no, i'm saying happy valentine's day. to jeff. there is one more aspect of this. that we need to -- >> you're still working. all right. go ahead. >> i'm still working. the context of this is it's impossible for in this country today to have a real bipartisan, fact finding investigation.

by the congress of the united states. such as happened in water gate. one reason everybody is down in the trenches in this instead of finding out the best obtainable version of the truth is the failure of both parties. to be able to have a real investigation. >> i have to -- >> we need to hear from mueller. >> chris will punch me. karl, thank you. news continues. i want to hand it over to chris cuomo. "prime time" starts now. >> i'll kiss you. it's valentine's. i'm chris cuomo welcome to "prime time." big news on the watch. congress just got enough votes in the house for the shut down deal. now, they should get the vote it's supposed to be a bipartisan bill. now there's a new fight. forget about anybody coming together. now the battle lines will just redrawn. the president is still going to declare a national emergency to solve his manufactured crisis. two questions. can he? should he?

democrats are vowing to fight him in congress and court. we have both parties on the fight. for and against. might be they unify in the effort to stop a president from clearly running around congress. will this set a terrible precedent for future administrations? will it backfire politically? questions for a great debate. happy valentine's, my friends. remember. it's all for the love. let's get after it. all right. we can officially report the vote has pass ds. there will be not be a shut down. we should be celebrating. right? you have to take progress where you find it. you have the two parties come together. hamered out a deal. nobody was really happy. but they got it done. they did what was better for the country. however. that's been overshadowed by somebody who decisively refuses to surrender the me to the we. the president says no, got to

keep the promise. i will declare a national emergency. that will allow me to build more fencing. now, that will probably be announced tomorrow. when the president signs this bill that they just passed. but what promise is he going to keep? he broke the core promise that mexico would pay for it. you have the can he do it and should he do it. let's deal with that. democrats like steve cohen said they are going to try to stop him. the house judiciary committee member joins us now. congressman, welcome to "prime time." congratulations on doing your job. it's nice to see you come together and make something happen. now you're presented with a new challenge. do you believe that legally you could stop this president? >> we can. one way is legislatively. and representative castro of texas introduced a joint

resolution to put the national emergency off. and to say it's not proper. congress can do that through joint rez lesisolution. and be challenged in court. this is clearly a violation of the separation of powers. article 1 says the congress is supposed to appropriate the funds. the president is supposed to add more. article 2. he's not supposed to take the fund just because he loses a fight and finds a way to claim victory. >> the sourcing of the money is the strong point. i have new reporting. a white house official says that president trump tomorrow is expected to announce executive action. that could be a national emergency. it could not be. it could be something else. and he'll draw on a variety of administration funding sources. to help finance construction of the wall, somewhere in the area of $8 billion. no specificity of where.

no specification on a national emergency or executive order. >> a little bit. i know there are republicans think thfts this was a mistake. this president condemned obama for breathing. and condemned for actions he claimed were over the power of the executive. over reach. this is the biggest overreach in history. a lot of republicans don't like this and think it could hurt them politically. sfwl if he does executive action. then you're in the daca situation. and each one you'll see litigated. if he does it as national emergency, under the 76 act. that has to be a dangerous precedent. what's the chance the next democratic president doesn't use exactly that act to declare global warming? a national emergency. >> exactly. it plays for both parties. we fought the revolutionary war

not to have king george. this is the actions of the king. no matter which route it will be challenged in the kout. it's a violation of the separation of power. and power of congress. he went through this for two months with the 35 day shut down. and we haven't had a national emergency. that's not true. there's no national emergency. border immigration or is down. 40 year low. there's not a problem with drugs coming in through the border where they build the wall. drogs come in through ports of entry. and submarines, trucks, cars. he used tunnels. he never went through texas. that's not where drugs come from. it's a false narrative. a political issue for the president. and this is on his ego and his political capitol. and wants his base to say they finished the wall. they started. i'm surprised he can spell it right. >> in terms of what happens

next. if he declares a national emergency you have this joint resolution path. and certainly he has a better chance legally there. the 76 act is very open. i don't think it's ever been challenged. if he goes straight executive order, it's a little bit more dicey. do you have the option of a joint resolution no matter which path? >> i think it's only the national emergency. but the national emergency there's never been a president that's gone so far. just unquestionably not a national emergency. this has been there's nothing urgent. national emergency is supposed to be for a disaster or military situation that threatens the country security. not a political whim of the president. no president ever used in this way. it will be challenged. this is going beyond anything that anybody ever thought about doing. >> where you get the confidence? the precedent rule.

i remember mitch mcconnell said don't filibuster this rule. it will come back to haunt you. it did. republicans remember that, remember the power of precedence. say they don't like it. asked the president not to do it. would they really vote against him? >> there's enough democrats to vote against him in the house. question is the senate. of course texas they want to take peoples property. he can't do that. trueman tried it in. and you cannot take according to supreme court rule peoples private property. even if it's national emergency. most of the property is private. it's not just corn. there's other republicans that see it as -- mitch mcconnell threw in the towel. he's up for election in 2020 and

he's concerned. >> how fast does action happen if tomorrow the president declares a national emergency? what happens if he doesn't. if it's just an executive order. >> if he declaring national emergency we have the bill. we'll have to wait until we come back from ressz. about nine days. before it can be introduced and referred to a committee. and a floor. there's a time limit. it's pretty quick. there might be court action immediately. a restraining order asked for immediately. i think i read that the justice department gave an opinion that they thought restraining order would be ordered and temporarily restrained. trump is thinking he can win on appeal. because he named the appeals judges. hoping it gets to the supreme court and hoping he has kavanaugh and others to win. i think roberts will not go for it. >> the latest reporting from white house. he's going to do both. national emergency and take additional executive action.

he's probably trying to get the biggest pocketbook together. >> he might want $20 billion. we need money for so much in the country. for education, healthcare, research on diseases. he talked about cancer research for children and a $500 million in the state of the union. and wants to put $20 billion into a useless wall that won't do anything for the country. he has his priorities missing. children cancer research should come first. this wall should come way down the line. it shouldn't even come. >> i hear you on priority. i never understood the democrat position that walls are immoral or useless. the people in charge of keeping us safe as you well know, they say physical barriers help. they don't make it a number one priority. or as much as the president dez. and list other things that he ignores. but you can have both. you can do money for physical barriers and maintain other

priorities. >> we have approved money for physical ware barriers. vehicular barriers. pedestrian barriers. there's certain amount of wall mostly in the urban areas in san diego and el paso. texas has the river. that's a good barrier. and that is a different situation. the private property owners. it's a different situation in texas. it's interesting president bush never thought about putting wall in texas. he never thought about fencing in texas. he put it in new mexico and arizona and california. so i think you'll see push back in texas and understandably so. >> he thought about using the declaration of national emergency to justify getting people working on cat katrina fixes. for lower level of pay. but he withdrew it. we don't have precedent out of that situation. we were heading towards it. congressman cohen. thank you very much.

please keep us in the loop. based on what the president does tomorrow. >> always good to be with you. >> pleasure is mine. it's a busy night. the congressman is right. there are republicans who aren't happy about this. they believe it will come back to haunt them. congressman matt gates from florida ain't one of them. he's one of them flt we'll bring him in. why he thinks it's a good move. and why it works for his party later. next. (ala♪m goes off) wake up sweetie. ♪ doctor dave. see ya. ♪ here's your order. ♪ hey. applebee's to go. now that's eatin' good in the neighborhood.

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in the relative world. on valentine's day no less. we should be celebrating. that left and right came together and did something reasonable. nobody is happy with the deal entirely. at least there's no shut down and at least the business of government will continue. however now we have a new problem. republicans are even bracing for what's going to happen tomorrow. the president is expected to declare a national emergency. and take other executive action. certain republican lawmakers don't like it. they're big on separation of power and didn't like it when obama did it. worried about precedent going forward. congressman matt gaetz now says it's a great thing to do. welcome back to "prime time." >> good to be here. happy valentine's day. for everyone sad enough to be watching you and me at the 9:00 hour. >> what is more romantic? you have been against -- concerned about this.

fair word. a month ago you were concerned. that you don't know this is the right way to go. now you love it. why? >> there are different authorities that can be utilized. title ten. doesn't require the declaration. it requires the designation of u.s. mexico border as a critical drug trafficking corridor. which obviously it is. and then the president can unlock between $3 billion to be able to do border wall construction. there's 5 to 600 million in treasury forfeit. that the president has broad discretion to use. people who didn't claim their tax returns. or their refund. so he can use that money. and there's also north of $3 billion in military construction money. that the president can use. you can get close to $8 billion without declaring a national emergency. that's what you're reporting indicates. certainly in my discussion with

the president today he was willing to do anything to took to secure the border. when you look at the specific authority and how the fund were intended to be used, obviously if we build a wall it will help with drug interdiction. fund for that if you were leaves me with less concern than a blanket declaration allowing the robs of resources from anywhere. >> you believe the president should be wary of declaring a national emergency. >> any president should look at executive action as a last resort. we have been through a shut down. a conference committee. every negotiating tool that can be has been deployed. the mist story in the bill that i just voted for and passed is the president was able to get north of $20 billion for the border security without having to concede any form of amnesty. i thought democrats wouldn't agree a deal that didn't include a path to daca and tps.

that was not something the president had to give on. in ways he's getting what he wants and get the rest of it tomorrow. >> it's hard to call it a win though. and he didn't keep his word. because now it's not just about this deal. he's going something anyway. and the categories of pockets, they come with strings tached. you have to make legal showings. and diverting assets. with the military construction you have to make a showing. and take away from projects that were already seen as valuable. if he does it by national emergency. he picks kp and chooses winners ravaged by storm. there's political cost and strings attached. >> when you move resources from one pile of money to the other. it's zero sum by nature. that's why the work at the white house the last few days and i know it's going noun is so important. to make sure we don't deprive a

critical mission in the military or other element of government. it's resources to complete the mission. when it comes to the 284 authority in title ten those are drug interdiction resources. one thing that we continue to hear from border patrol agents. something you echoed. that if we build a wall it will help the people that are trying to security the border. it may make the other channels that we have of drug interdiction easier o to solve by creating a choke point to stop drugs from coming in. >> the problem you have is dhs says themselves in the assessment that the bulk of the drugs they stop come through ports of entry. not on foot traffic. >> tlast one of the reasons the bill we passed was worthy of voting for. there's a lot i didn't like. but beefing you have security at ports of entry helps. you can't look in the moir roar and convince yourself it's a window. rite now ports of entry are the

major area. if we beef up ports of entry cartel won't just give up. they'll seek other routes. >> they always have the opportunity. you have to make it a mirror. you have to look at it. >> the wilderness areas. they utilize human mules to cross. >> not in the kind of numbers. quantity. and the quality of drugs by the way to the extent that's relevant. they put the expensive packages in more likely and more effective and efficient ways through. people -- >> watching the trial. >> you're saying the president is going to say that some of the money i can use is because this is a big time drug corridor. it isn't. you're saying it maybe in the future. >> no, look. the u.s. mexico border is a major drug trafficking corridor. you talk to the folks in the coast guard and homeland

security. they will confirm that the drugs are grown largely in peru and other parts of colombia. they land in honduras and trafficked over the border. having a physical border in addition to the technology and the drones. ports of entry enhancement. all of that makes us safer. >> you have physical barriers in many places. you could use more. how much and where. not just -- >> my expectation is that the 1.3 and change that we approved tonight will be enhanced by additional $6 billion. the majority -- the plurality will come from military construction dollars and drug interdiction dollars and treasury forfeit. round out the contribution to the fund. we know the country doesn't want to go through another shut down.

the country wants the border secure. this could despite the fact this is painful and showed the worst elements of washington. we may end up getting a government that's open and working and at the same time more border security than we have had in a generation. and without a lick of amnesty. which is one of the big wins the president had in the negotiation. >> i don't know why that's wane for him. he back in the day, he's gone hannity and colter in his head. rent free. >> wow. >> sean hannity has been a friend. and he's persuasive. and powerful. i would argue without question the most powerful person in the media. because what he says the president does. not vice ser sa. what hannity says the president does. >> he's a figure in the media. >> we have never seen that before. what he says, the president does. >> it's not that clear. i have been bear witness to

interactions where they have exchanges and discussions and bounce ideas off each other. i think it's good he's not just stuck in the cocoon of the west wing and seeks advice from all over the country. >> we could go on all night. of how crazy it is that with all the expertise the president is privy to. he chooses someone like me to listen to about major policy matters. is something that i could scrutinize. >> you're very different. >> we are. but what either of us knows about national policy and how to lead and govern. we're at zero. that's why we're on tv. and not elected office. he knows it. he would be in public service if he thought he could do it. he loves this life. good for him. last question on this. they'll contest this. and i don't think you'll support it just once. you'll have to support this a bunch of times.

because what will happen is, this money will come from other mouths. and you have to start saying it's okay. it may come out of the mouths of your citizens. and storms. you made choices the projects will wait. that will be on you. >> the president released half a billion dollars for storms debris removal. he's doing hi part. you don't want to view it as a by optic moment. the challenges anticipated it's possible tomorrow the president will access the authorities that are most defensible and in weeks or months he could trigger the release of additional dollars. we can't spend $5 billion. >> you couldn't spend 1 and a half. >> if you unlock a few at at type. you have a rapid pace of construction that's management at the same time you don't have litigation -- >> you'll have a president going around congress. and appropriating money.

which the constitution says he shouldn't do. >> if it's authorized and appropriated. >> that's the argument. >> that's a question a court will address. he's going to start with the authorities that are most defensible. and i think that will build momentum for the wall he promised. >> all right. matt gaetz a busy night. thank you for making the case. i appreciate it. >> happy valentine's day. >> you as well. that's the politics on this. people are against and saying they're for. the law will have a role here. more than ordinary in politics. there is an act of congress. if he declaring a national emergency. there's other statutory language. it's not the end of the fact analysis. i have it laid out for you, next. t-mobile knows dancing is better when you include a partner. singing is better when you include a friend. and unlimited is better with a phone included. it's true.

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stuff on the fly. that's good. the president is doing it. declare a national emergency to get his wall. that puts us in uncharted legal and territory. can he do this? two ways to look at this. i have this other -- you haert matt gaetz give us something i suspect is something he heard from the white house. aloiing the president to do this. we have looked at this before. this is about support for counter drug activity and activities to counter transnational organized crime. here's what it means. there's a list of things the secretary of defense can ask for to aid in fighting the drug war. okay? that's where this law comes from. and among that are things that you can maintain and repair with extra money. preserve the potential utility going forward of something. the only one that would really apply to building a wall would be the upgrading of equipment. but there's a catch. two catches.

first is that it has to be a compatibility thing. dealing with technology. about technology and maintenance of equipment that allows to use other avenues of the government. which of course cost money. it's labor. to help upgrade technology and keep technology and equipment ready to be used. it's not about construction. it's not about a wall. that will be one legal challenge. the second will be that dhs says that the bulk of the drug interdiction is done at ports of entry. how can you argue you need to use the extra methods because it's so important what's happening on foot when it's not what dhs says. it will be complicated. we have the other legal avenue. the national emergency act of 1976. the good news for the president is there are no parameters on what counts as emergency. only something special and extraordinary. now you could argue the wall is neither an emergency nor

extraordinary. and special. we already have it and it's not smlg we need this instant to stop a crisis. that will be an argument. and there is however at the end of the day authority for the move. every president since the passage of the act has declared one. and none has ever been challenged in court. that's about to change. section five of the law says congress can shut this down. how? democrats as you were hearing earlier they can pass a joint resolution. the senate has to conduct a floor vote within 15 days. it's in the statute. mcconnell can't keep things from happening. 51 republicans need to back up the president. take a listen. >> i continue to believe that this is not what the national emergency act was intended to be used for. the concern we have is that we not set new precedent.

>> you're fwoing to do that. the question is what precedent do you want to set with your president? are you going sto stand up against him. something very few in the party have done at all. let alone consistently. the president grip on the party. no matter how gop -- it's hard to do anything to stop this and get the votes. what will happen. the other way to challenge this is sue. >> we won't review our options and respond appropriately to it. >> all right. what's that mean? democrats can't just sue because they don't agree. they have to show standard. you have been arguably aggrieved by the action that was taken. there's precedent for that. 2015 when the republican led house fts allowed to sue over obamacare. and the aled spending of public money not authorized by congress. that would be the standard. constitution says we have to appropriate the money. not him. all right.

then there's state attorneys general. from the travel ban to daca. you see the courts willing to take on the president policy. the border states. southern border obviously. right now california is actively engaged in a fight against the wall. ninth circuit that everybody says is so lefty. they rejected california effort to block work on fencing near san diego. that's not great precedent. the biggest problem for the president will remain the people who own the land along the border. much of the border land especially in texas belongs to private citizens. it will likely need to use imminent domain to get the land. it ain't that easy. they are staffing up with lawyers and cases. long. the trump administration knows this. during the last shut down the administration was in court trying to get five acres. it has been going on for a decade. let's say he gets through that.

if he does, using tax dollars will be a big part of this. the legal challenge comes out of your pocket. the next thing is going to be push back/lawsuits. from the communities he might hurt by pulling money from the wall. for the wall. from projects that they need. like puerto rico. storm ravaged foelks in florida. and texas. elsewhere. you're hurting us. that was money for us using to fix what with e need. now you're taking it away. in the end there is a law that allows potus power he seeks. legally he's going to have a delay. politically he may set a precedent almost certain to haunt his party in the future. any president would have a basis of saying he did it. i declare global warming a national emergency. i declare poverty a national emergency. and now i'm going to look in the purse pockets and take money away that congress appropriated

for other things and use it on this. it's not what the constitution wanted the executive to do. all right? that's what this president is doing. even though he's been warned. why? sur rending the me to the we. no way. i have to keep this promise. no matter what it means to congress. that's where we are. we'll learn more tomorrow. you can say it is fair to say, there are members of the republican party who say no way. we have to make this not happen. it's too dangerous. what will really happen? what will it mean for democrats and republicans? it it's a great debate to have. we'll have it next. ♪ don't fence me in. ♪ let me be by myself ♪ in the evenin' breeze, ♪ listen to the murmur of the tall concrete, ♪ ♪ send me off forever, but i ask you please ♪

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itreat them all as if, they are hot and energized. stay away from any downed wire, call 911 and call pg&e right after so we can both respond out and keep the public safe.

pg&e wants you to plan ahead by mapping out escape routes and preparing a go kit, in case you need to get out quickly. for more information on how to be prepared and keep your family safe, visit pge.com/safety. all right. so now what? speaker of the house nancy

pelosi is expected to km out and just moments and address the signing sp passage of this bill by the house. what will happen in the congress and really this is about what will happen tomorrow. this should be a moment of celebration. it was ugly. how we got here. but you would have to say that this was a bipartisan bill. in the house you saw left and right come together and do something that was arguably reasonable. i know there's nobody watching who is completely happy. but i would hope you say at least something got done. at least they won't punish us again. punish you if you were affected by the services in the government that shut down. we saw the affect. at least you say at least it's still open. they're doing their job. now, with what's going on with the president tomorrow, there's a whole new problem. when she comes we'll take it. right now let's debate. what tomorrow may mean.

jennifer granholm and rick santorum. there's one proposition here. i asked both of you patience. if she comes out. the big problem is precedent. right? it's one thing if he uses 284 and says it's a drug issue. and i make my case. declaring a national emergency is something different. and really likely comes back to haunt. does it not? >> well, as you know, national emergency is 50 something active right now. >> none like this. >> every president used it to one degree or another. i agree. one thing i even when i was running for president. i said the president has become too powerful. and the congress has advocated responsibility particularly when it comes to controlling spending. i actually have serious concerns about the president doing a national emergency declaration. and i am actually pleased that members of the both republicans

and democrats are speaking out about it. democrats are uniformly doing they hate trump and opposing everything. i hope they remember the reasons they are opposing trump and doing this could be the reason they oppose ra democratic reason for doing something. climate change. >> tit for tat has gotten us nowhere. >> it's good congress is fighting back. and hopefully that will curb the appetite to use this. >> the house of the representatives. to the senate to be signed. by the president of the united states. they did a spectacular job. chair of the permission committee. the chair of the security sub committee. appropriation.

texas. the rio grand valley. california. four of the members the bar committee. the leadership member of the -- >> i'm happy they are happy they got something done. what we're expecting is nancy pelosi to say what she said before. which is, we're going to do this too. as soon as we we can. and you can very easily see the next democratic president say guess what i'm declaring a national emergency. global warming. >> i have heard some democrats say, you know what this opens the door for us in the next go around. maybe we shouldn't be opposed. i however do not think it's good precedent. i was interested to see what

congressman gaetz said before we came on. the suggestion that he's making is that perhaps the president doesn't go that far. and instead moves this money around. as you were describing. and that's a different kettle of fish. he won't get as much money. this whole thing is about circumventing congress. this doesn't buy him as much trouble. >> it depends on the pot. >> there's no national emergency. >> national emergency gives him more legal authority. but more political jeopardy in terms of what pots he -- >> taking from projects around the country. that were meant for people hit by disaster. someone like you, rick, should have the same argument. no matter what he does. which is we don't like the executive going around congress. >> i repeatedly express concern about using this emergency like a declaration. he does have flexibility.

with some pots of money. but some of the pots of money at least heard the congressman talk about are money that needs to get, to have congress sign off on this reallocation of resources. that is not going to happen. the house appropriation committee chairman is not going to sign off on moving money around. that requires them to approve it. i think it's rather limited. i don't know how much it is. i'm sure that the white house is spending the last several weeks trying to figure out is there money that we can move around and we don't have to declare emergency on. that we don't need congressional approval on. and still get us a reasonable amount of money. i'm hopeful that is what they come forward with tomorrow. that may not be enough. and may have to push the enve loyola one way or another. >> how politically optical this

is. one of my sources involved in the actual plan for it. on the ground. if this gets done this is one of the people who will do it. we will never build anywhere near what we still need in the next seven years. let alone during this term. so this is about optics. this is about the president saying i got something done. even though it will never get done. >> right. meaning that logistically you cannot spend that much money to build a wall. >> yes. first of all there's $680 million from the last two years unspent. where is the emergency? number one. number two, if he goes to the military construction budget. you have a lot of republicans in districts across the krunt that fought for the money to be put for projects in the district. there's only 50 million of the military construction budget that is fluid. that the president can yank.

as rick points out, this stuff has already been appropriated. this is just another way of going around congress and going around the u.s. constitution. >> he needs to do -- >> the mexico pay part. the problem with dropping the mexico pay part. you're guaranteed in 2020 somebody saying, he could have done this for you. fill in the blank. whoever you are. instead he did the wall. remember that. and depending on who you are and who you're talking to, that could play a different way. >> i think if you look at the pots of money what -- i have no doubt they will take money and areas where there's an unspent part of money you talk about the wall. there are lots of accounts that have money sitting there that hasn't been spent for three or five yores and will lapse. and they can say we'll take this. and it wouldn't have been spent otherwise. i think again -- if they do a

good job they won't be goring anybody. with moving this money around. >> that's the hope. they may have it to deal with congress. it will be tough for your party. >> i think it's good that the congress fights the president on their prerogative. i wish the congress would actually exercise the prerogative more. not just with this president. certainly the last one. and being much more possessive of the power they have under the constitution sfl i don't think they have a spine line. there's anything they would stand up against him on. >> you can't get cooperation. for a congress to really assert itself power, they need to work together as republicans and democrats. and right now that isn't happening. >> there are 18 republican members of the senate alone. who have expressed opposition to this before a national emergency declaration before the president

declares it. 18 of them. they'll be put on notice and have to vote on this. if he declares it and comes to senate. you better believe that is a political jeopardy for someone like the senator in colorado. the susan collins in maine. people who are up in 2020 who have said -- >> speaking of someone up in 2020. mitch mcconnell said he would support the president. >> republicans are going. it maybe the leader that may tell you. >> thank you. rick and jennifer. i appreciate it. it took nearly a week. but guess what we have? the president's physical results. and while we're waiting to hear what nancy pelosi wants to say about what the president may do. let's tell you how he's doing. and make assessments. okay. we'll do that next with one of

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physical last week at walter reed medical center. and thank god, the president is in very good health overall. 118/80 blood pressure. very good. he's on a staten medication called crestor. last year, he was 243 pounldzs. the good news is, he is reportedly healthy despite a terrible diet. the bad news is, he and i are officially obese. and there's something weird going on with his height. i have a theory about it. here's the proof. i am barely 6'2". i have a bit of a bouffant in that picture. i am barely 6'2 f". let me bring in d. lemon. you're not a particularly tall person.

you see in the pictures, i am not 6'3". and my theory is, the taller you are, the better it is with the body weight index. >> he is 6'3", internet inches, that means he's exaggerating. >> i am technically obese when they do that body mass index thing. i'm not quick to go at him. he should not weigh 243 pounds. he should weigh about 220 pounds, 215 pounds. >> can you tell the viewers what you call me all the time? >> rolling thunder? >> fat face. >> never. >> oh, chris. you're going to lie. >> cake pop head. >> you're talking about my cheeks here. >> but your head is the fattest thing on you. >> listen, a lot of americans struggle with their weight. let's get serious about this, even i struggle with mine. i can lose ten, but not -- >> all of us could lose ten.

he has a terrible diet, and it's bad for people because to think you're going to have his kind of vitals on that kind of diet is really fantasy thinking. >> let me tell you something, though, and it may shock some people. you know i actually think he weighs more than he says. >> i just go with the numbers we have. >> a lot of people lie about their weight. i'm not going to say gg. i actually cut the guy some slack because it's a stressful job he has a lot of executive time. but to go from 239 to 243 that's not a lot of weight to gain. and men with muscle mass can drop that in two weeks. >> and his cholesterol went done. >> listen, i'm sure they're exaggerating a little bit. the thing that concerns me i think he should get checked is the heart situation that dr. sanjay gupta identified which was not originally identified in this health report, and the american people have a right to know.

>> 100%. you'd want to know something if it was material to his duties. this is something that a lot of people have, it qualifies as disease. but that word sounds a little bit worse than what his actual condition is if it's monitored. >> i actually brought up my pictures with the president because i don't remember him being that much taller than me. i'm 6 feet. i wish i was 160 pounds. ever since my mom came from christmas it has been downhill ever since. >> really? since you don't carry that much muscle mass on you. >> hey, listen, this national emergency thing i think is dangerous. >> and we're still hearing -- our reporting is still that he's going to do it tomorrow. he's not going to find a work

around. >> we're going to talk about that. we have every perceivable person and guest that could talk about this. i actually think if the democrats were really smart -- this is just me talking, go ahead and do the emergency. because you know there's going to be a democratic president in office one day soon -- >> that's what mcconnell did when he said reid was going to take away the filibuster. that's not what the constitution wanted to happen. >> i'm not saying it's right, i'm saying if they were smart because that would be the thing to get folks to go oh, no. >> i'll see you in a second. early valentine's wish, i have more to say about that later. so v-day, valentine's day, a day all about doing it for the love. now, it will forever coincide

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