twitter and you can find us at "the independents" and fox business.com. thank you for being a part of the show. good it. i'll be in tomorrow for maria. lou dobbs takes you the rest of the way. lou: good evening, everybody, congress today declared president obama is violating our constitution and must be stopped. house republicans passed a bill today to overturn the president's executive fiat granting amnesty to some 5 million illegal immigrants. the bill would end the president's deferred action on child arrivals program as well daca granting deportation stays to a million more illegals who arrive as children. congressman tre gatty was the voice to hear today as he eloquently described the president's unconstitutional

abuse of power. >> president obama announced one of the largest extra constitutional power grabs ever by a chief executive. he declared unilaterally that almost five million undocumented aliens will receive deferred action under some newfangled definition of prosecutorial discretion madam speaker, not only that, not only escaping consequences, he has decided to bestow benefits such as work authorization and immigration benefits this madam speaker, despite the fact that the very same president over 20 different times, said he lacked the power to do what he just did! and he repeatedly said he's not a king. now madam speaker, his position may have changed, after the election, i hasten to add, but the constitution has not. lou: the white house reaction?

predictable, an administration that has steadfastly relied on denial, deception and distortion responded with an illogical non sequitur. press secretary josh earnest offered this bald faced answer saying in fact -- you heard me right you read it right. so the white house has been reduced to now claiming a vote to roll back the president's amnesty fiat would sustain amnesty. that's quite something, folks. house speaker john boehner struggling with logic today, insisting the house vote wasn't about illegal immigration but merely the constitution. fox news chief congressional comfort mike emanuel with our report. >> the aye's are 236, and the nays are 191.

>> reporter: defiant house members passed a homeland security package loaded with amendments to block president obama's executive action on immigration. >> what we're dealing with is a president who has ignored the people, ignored the constitution, and even his own past statements. >> reporter: boehner rattled off nearly two dozen examples of the president's own words saying he didn't have the authority. republican trey gowdy argued this wasn't about partisan this is about protecting the legislative branch. >> this is a fight over whether this branch of government will find the courage to stand up for itself. >> reporter: a new fox poll reveals voters are more than twice as likely tong the republican congress will win most often as the president. the white house is threatened to veto on this bill. democrats who pushed to act last year warned republicans will pay a heavy price. >> the fruits of your action will cause anger and outrage and the mobilization of an immigrant community throughout this nation.

>> reporter: the house measure would halt the administration's efforts to unilaterally stop deportations of millions of immigrants. democrat steny hoyer says the values are inconsistent with americans. >> young people we have dreams for you, we dream of the great things you're going to do. helping to make america a greater country. >> reporter: 26 republicans voted against the proposal to end mr. obama's deferred action for childhood arrivals program protecting so-called dreamers. tennessee measure marcia blackburn says daca is a magnet drawing children here and defended her amendment. >> a question is it radical to support the rule of law? is it radical to fight for american workers who are going to lose their jobs to illegal aliens. >> reporter: with democrats arguing picking immigration fight on a bill to fund homeland security is dangerous, some say the commander in chief

shouldn't veto. >> he will have a choice whether executive -- unlawful executive amnesty is more important than keeping americans safe. that would be a grave mistake on the president's part. >> reporter: gop leaders must figure out what gets through the senate. republicans are the majority with 54 members but need 60 votes to pass the bill lou? lou: mike emanuel from capitol hill. europe and the united states searching for accomplices in last week's deadly terrorist attack as al qaeda in the arabian peninsula claimed responsibility as the fbi has announced the capture of islamic state radicalized terrorist who wanted to bomb the nation's capitol and shoot members of congress. the man is in custody in ohio tonight. fox news chief intelligence correspondent catherine herridge with our report. >> reporter: the 11 minute videotape officially lays claim to the paris massacre, and today the state department said there is no reason to doubt

authenticity and the commando-style assault in paris is consistent with al qaeda in yemen known as aqap. >> we're still looking at every piece of information to determine exactly the links here between the attackers and aqap, specific members of aqap. >> reporter: the attack was coordinated with the leader of al qaeda ayman al zawahiri based in pakistan. the claims made by nassir bin ali who is operating in yemen. >> someone who served under osama bin laden in the past. we know he operated in pakistan and afghanistan. entire dossier or biography speaks to him being a senior al qaeda official. >> reporter: al-awlaki met with one of the kouachi brothers in yemen providing training and money. within weeks al-awlaki was killed in a cia drone strike. al qaeda in yemen is considered

the most active and lethal of the al qaeda affiliates behind the underwear bomber who nearly brought down a jet over detroit on christmas day 2009 and applied to blow up cargo jets using printers packed with explosives. new images from the kosher supermarket showing the shooter amedy coulibaly ordering hostages to take down security cameras and you can see the crumpled bodies of the hostages dead on the floor. the shooter said he was connected to isis. that is a separate group from the terrorists who ordered the attack on "charlie hebdo." former guantanamo detainees have gone back to terrorism and aligned themselves both with al qaeda in yemen and also with isis. and late today, the seven page criminal complaint was released accusing a 20-year-old man of cincinnati, ohio actively plotting to wage violent jihad

with the u.s. capitol as target. the fbi says christopher cornell revealed plans to confidential source working for the fbi adding he was never in a position to execute his plot. lou: catherine herridge reporting from washington. a major management shake-up at the secret service. four senior officials have been told to leave. a fifth decided to retire. the house cleaning comes in the wake of a series of security breaches including armed man making it into the white house east room last september. we're coming right back.. al qaeda is not on the run and al qaeda is a radical islamist terrorist group, no matter what the white house no pictures of trucks pulling boats. no photos of men working on ranches.

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. lou: france taking a stand against radical islamist terrorists. president hollande announced france will be sending an aircraft carrier to the middle east to join the fight against the islamic state. and france is cracking down on the glorification of terrorism and hate speech arresting 54 people since last week's attack at the publication "charlie hebdo." joining us tonight retired major general robert scales,

fox news military analyst, bob, good to see you. >> hi, lou. lou: this is a striking position for hollande, the most left leader in all of europe, sailing into war against radical islamists. >> that's true. i just talked to the french ambassador in the green room, and he said something very profound, lou, he says this is our 11. he said to me now we understand, and he says france is the hardest nation on the planet ever to -- collect together and unify under a single theme or banner. he says these terrorist atrocities have served to do exactly that. you can see hollande is doing exactly the right thing. sending charles de gaulle to the gulf, beginning to arrest people for hate speech, but the french people now understand what we learned on september 11th, 2001, that is this is a

global movement. they have an enemy, and it's the west western europe the united states and israel, and they're focused on our direction, and this is a very, very long war, and the french are now all in it. lou: and with the addition of the french where are the germans? where are the british? where is europe? because it is an aggregation now of states many of which are multicultural and bearing all of the strains of multiculturalism trying to deal with that reality and an insidious, dangerous, fierce force within of means to destroy it all. >> well you know it's interesting, i would credit the british and the germans as being more realistic about this global islamic, radical islamic threat than the united states. i mean we've seen some faux pas and a level of disinterest in this administration about

this global war. lou: certainly just among the europeans. >> yeah. lou: but let's move to this administration. >> okay. lou: this is an administration, while hollande is sending a carrier to the middle east this president is negotiating with the leading terrorist sponsor in the world, iran, to effectively pave the way for their acquisition of nuclear weaponry. at the same time insisting this their is no such thing as a radical islamist engaged in the war of terror against western civilization. we hear people saying you just mentioned a faux pas. i believe this is a conscious, energetic effort on the part of the left to deny a reality to america, they're high bound they, being americans are high bound on a wave of political correctness. our national media doesn't bring critical judgment to this administration because it is for the most part leftist as

well? >> you know it's interesting. one of the tenets of military strategy is you have to understand mission terrain and troops available. big one is the e lou, you have to understand your enemy and focus on the enemy. if the administration can't identify who the e is and admit that they are a global radical islamic movement that controls territory, draws in young men, and, oh, by the way, thinks at this stage of the game that they're winning. if we can't get the e right, one thing you can be sure of aqap isis and boko haram know who the e is and the e is us lou. lou: they are targeting us and, the reality is essentially that this president thinks it will all go away or that's what he's trying to pretend. and i think he is pretending here. i think this is more a psychological operation to use the military expression a

propaganda campaign on the part of a president and administration who know better but who insult the intelligence and knowledge of americans every day. and so far they've gotten away with it. >> it's the old thing, if you ignore it they'll go away. we're going slow in iraq doing the least amount that the president can get away with. we're walking away from afghanistan. the respond to these global franchises boko haram in particular have been tepid. it's almost as if -- and your point about iran is spot on. if we can low ball that and treat it as if it's inconsequential, perhaps everybody will change their mind or not do anything against us until the 2016 election. i think that is sticking your head in the sand. the enemy understands who the enemy is and the enemy is going to come after us because they think they're winning. lou: and it is -- it is highly

questionable problematic, as to whom, the strategems the values and assessments benefit. >> right. lou: and that question is one that should be vigorously -- we should be searching vigorously for an answer to that. >> exactly. lou: general bob scales. time for a look at our online poll, the results to the question we asked whether governor romney is among your top choices for 2016? 58% of you said yes. that's good news for the governor. vote in tonight's poll, the question is -- effectively delegating constitutional powers on the issue of trade to the president. cast your vote at loudobbs.com. up next here the national

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. lou: a few comments now on a presidential administration that can't stop denying reality, trying to deceive the american people and distorting the truth. this administration insists the islamic state isn't islamic. it insists al qaeda is no longer sufficiently dangerous to require the president's attention and refuse to name our enemies. listen to white house press secretary josh earnest twisted attempt to explain why the administration refuses to call these radical islamist terrorists what they are. namely, radical islamists. >> the first is accuracy. we want to describe exactly what happened. these are individuals who carried out an act of terrorism and later tried to justify that

act of terrorism by invoking other religion of islam in their own deviant view of it. the second is this is an act that was roundly condemned by muslim leaders. again, i'm describing to you the reasons why we have not chosen to use that label because it doesn't accurately describe what happened. lou: as can you hear, this is an administration of denyers, they deny the deadly global campaign of radical islamist terrorists sling propaganda that al qaeda is on the run without so much as a blush, that giving the radical islamist state of iran nuclear weapons won't result in greater danger to the world. and in particular danger to its neighboring states and especially israel the nation iran has vowed to destroy. the obama national security team, is i think, a threat to the nation. chuck hagel called it imminent threat to every interest we

have. that's pretty plain. well president obama tried to sell the idea that the islamic state is a junior varsity team. our president refused sunday to march with 44 other world leaders condemning radical islamist terrorism but has the gall to call a global security summit once he finds out that was a terrible mistake, in washington next month. beckoning the very leaders that he ignored and insulted. the national liberal media has chosen to avert eyes from this president's increasingly authoritarian bent and utter disregard for truth and reality, and rather than restore truth to power the national media, or most of it is rolling over for mr. obama just like the lapdogs that they've begun. i hope i wasn't too harsh. now the quotation of the evening, this from former massachusetts senator ted kennedy, who said --

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. lou: on wall street, stocks continued to decline. the dow plummeting 187 points the s&p down 12.

the nasdaq down 22. volume on the big board 4.3 billion shares. crude oil rebounding on options expiration day settling above $48 today. what derivatives had to do with all. that royal dutch shell is the newest energy firm granted federal approval to explore light crude oil from this country, uh-oh. and retail sales lower despite lower gasoline prices. bank earnings having a jolt on the market. jpmorgan chase shares down after a miss in fourth-quarter targets. wells fargo making targets and making money at the same time. listen to my financial report three times a day. business leaders gathering in new york at the wall street project economic summit. my next guest among the leaders at the summit calling for diversity in business trying to create economic success for minorities. joining us is reverend jesse

jackson, president, founder of rainbow/push coalition and john rodgers, co-chair of the wall street project economic summit. good to have you here. >> good to see you, lou. lou: jesse, you and i go back a long ways we don't need to bore everybody with how long. >> very long. lou: you sustained it over that time, has the impact been what you wanted? >> it has not been one, lost focus with silicon valley 189 board members, 37 women, 3 blacks and 4 latino. when you have patterns of exclusion, you lock out market money, talent and location, we've challenged them to pull down the walls reveal the reports and open up access to capital and to investment

intel has done that as well as other companies. lou: intel stepping up. intel has tended over the years to do that. they're one of the most responsible and active corporate citizen of the country, i think. lou: john what are your desires, what are the metrics for success here? >> what i always talk about. i use reverend jackson's comments, i want to get folks i want to call jackie robinson moments, so many times there's never been an african-american board member or never used african-american law firm or banking investment firm or money management firm, get over the thresh hold. let's have success and as reverend jackson says once jackie robinson played baseball and ernie banks came from chicago and willie mays and the rest came along. lou: and performance in baseball and wall street as you well know, is what counts. >> we did not know how good

baseball could be until everybody could play. we don't know how good wall street could be until all the creativity in market is included in the process. lou: it makes me wonder as you look at what you are trying to do both of you, and business leaders on wall street. it's taken 18 years to get to this point, that's been stubbornly sluggish. there's been great apathy, if not resistance to diversity. silicon valley is marked by immense financial success technological, innovative success. why in the world is it so difficult to do as well in those businesses as it is broadly in industry in this country? >> i would jump in and say i think it's because they haven't had the experience. the companies have been around for a longer time experience of civil rights movement. i'm on the board of mcdonald's and exelon they're doing extraordinary work in these areas on diversity and inclusion but they've been at

it for a long time with enlightened leadership. they're used to it. so much of the leadership in silicon valley came in place after the civil rights movement heads moved on after dr. king was assassinated. >> but it's also a vision deficit. it does not bring workers from foreign countries and training workers at home. or they have $6 trillion in offshore tax moneys. 10% of that lou, could be $600 billion to invest on infrastructure start-up capital. we are laying dormant while cities are sinking. lou: you brought up significant issues. $2 trillion in capital that needs to be repatriated from abroad corporate america u.s. nationals. high school dropout rate that is insufferable. we're wasting lives and futures and the countries, the

country's destiny in so doing. this is such a complicated issue, how do we get business leaders who are scared to death, to stand up and be the tallest nail on issues whether it's legal immigration, whether it is border security whether it is trade policies. whether it is diversity. how do we get business leaders to stand up because they turned to the chamber of commerce and say you talk for us, we're going to be quiet and out of the way over here. no one is more in the shadows of this country than ceos of corporate america? >> we have to do two things, we encourage large companies and small companies to partner with urban schools in public areas. we started 18 years ago with public academy. we have a public school with 600 students. arne duncan created the school and teaching kids about the stock market. investing. even with real money to invest. getting businesses to get themselves tied to companies.

lou: i was working with manpower development training in the war on poverty, c.a.p. round it off to 40 year ago. the issues remain precisely the same high urban minority unemployment. high dropout rates among minority students. >> investment deficit disorder there is slow growth whenever there is inclusion, there is always growth. lou: do you know how many years i listen to you say something so straightforward so true as john kennedy said himself. a rising tide lifts all boats. we've got administrations and two parties who aren't talking about prosperity. >> i had a meeting with the senator from carolina lindsey graham and schumer from the other party trying to find common ground on repatriation, and because as bridges are

collapsing we've got trillions lying dormant. you look at the citizens. i was in milwaukee last week. 3,000 homes that have been abandoned. they can rebuild all of them for 90 million. the 100 billion in the pension fund. they can rebuild at the same time. lou: i've seen government work hard over the last 40 years on the war on poverty. i haven't seen them do much. we aren't talking about an effective government. your project is such a compelling departure from the predictable, the tried and ultimately that which has failed. so i wish you both all of the success in the world, it's an important task certainly, and i think you two fellows might get it done. >> that's for the creativity and the capital. if the creativity is allowed to flow, great things will come

our way. lou: on that, we say great to see you, reverend. >> thank you, lou. lou: great to see you, gentlemen. the white house accusing house republicans of supporting one of the democratic party's most controversial agenda priorities. the shame, the, oh, my gosh! next.

. lou: house republicans, as we reported approving legislation to try to overturn president obama's executive fiat granting amnesty. congresswoman linda sanchez who chairs the congressional hispanic caucus says republicans were simply pandering to the far right. >> the bill is reckless, and it's mean spirited and it's beneath this great country. the bill panders to those in the right wing of the republican party who are unhappy with president obama's executive action on immigration. but they are doing this maliciously and foolishly and needlessly putting our country at risk. lou: wow. my next guest says the president's executive fiat was taken for the sole purpose of solidifying the democratic hispanic voting bloc. joining us is senior fellow

contributing editor heather mcdonald. speaking of mean-spirited. my gosh. congresswoman linda sanchez spewing venom and bile there. >> completely ignoring what the main issues are, which is the congress should control immigration policy, and we are merely trying to follow the law. but she's impugning the usual playing the race card against people that believe in following the rules. lou: i got a kick out of pandering to the far right in this country. there are few institutions much more right than the u.s. chamber of commerce, which is doing the bidding of about 136 u.s. multinationals largest corporations in the country who have a very specific agenda, and it's not a left agenda, it is labor, it is open borders, harmonization, if you will, of trade among these countries. how do you react to that? >> of course, the people that are hurt the most are low

income minority americans. so again the paradoxes are enormous in this situation because you would expect the left would care about american workers and their ability to get a job. lou: the afl-cio is all in for amnesty for bringing people across open borders. >> well, i must be making a demographic calculation that in the long-term, they get more union members and we'll sacrifice the interests of our current members. lou: they have a very profound problem. union members are getting older, they're losing membership, and will accelerate in the coming years they have to replace them. they feel this is the only market available to them. >> again lou, these are pragmatic considerations. what needs to be emphasized, this is a real turning point for our country. yes, it's about immigration but also about the constitution, and if the president succeeds in this unilateral executive

action, there is no more confining presidential power, and the democrats will rue this day when they have a republican in power that decides to pass legislation. lou: i think i will rue the day and americans will rue the day, because i am no mood for the congress of the united states to abrogate responsibilities i'm in no mood for people to pick and choose what they will do with the constitution republicans saying unconstitutional abuse of pow pore issue this executive fiat. at the same time, they are urging passage of trade authority that would turn over article 1 section 8 responsibilities on free trade, on trade, to the president. this is mindless mindless contradiction. there is no intellectual integrity whatsoever in this and the hell of it is the republican leadership is on the right side of history, and they're screwing it up to a

fare-thee-well. >> we have a hard time following principles, whether it be republicans or democrats. lou: you are not suggesting a mulligan are you? >> hold their feet to the fire. lou: as we hold their feet to the fire what is troubling and perplexing is the republican party in the house is voted out four bills from the house judiciary committee chaired by congressman bob goodlatte, moderate reform of illegal immigration and border security. this same speaker who is in a twist on free trade promotion and the president's executive fiat won't support and lead on those four bills which would put the republican party at forefront of the debate and move the country forward, why

not? >> i can't answer that, lou, but if he sees some wisdom in what he's doing, i hope he's right. one way or another, they do have to block the executive actions, because it sets a precedent that will never be undone. lou: and so what are we to do? shall we regard this gesture today, the passing of this legislation to be symbolic? is it something less than that? because this bill the senate says, will not pass and the president says he won't sign it, he'll veto if it does get to his desk. >> maybe it's symbolic, they have to do it. if they have the votes they have to do it. i don't know what the alternative is. >> i'm not either, but i'm not paid to do that. john boehner is the republican leadership is. and other empty symbolic gesture is hardly going to elevate the standing of the republican party with the american public. they are on the side of the

american view and values, and yet the best that can be brought forward controlling two houses of government both houses of the legislature is symbolism. that isn't going to get it. >> lou, i don't know what the alternatives are constitutional showdowns are abstract. a question of who blinks first. congress doesn't have a lot of power beside the law making power to try and block obama. lou: that will be settled in court. >> the courts are not going to rule on this. they stay out of fights between the branches. lou: keep me alive with hope and anticipation. >> the ballot box is the way to go. lou: all right. >> vote for a president that believes in enforcing the law. lou: i think i hear cheers from the left all over the country. >> i hope not. lou: heather, thank you very much. the death of eric garner led to changes in new york. governor cuomo thinking about

lifting grand jury secrecies as a result of action. mayor bill de blasio will veto a proposed new york city council bill that would make chokeholds illegal. there seems to be some moderation in evidence here we can hope. we'll see. up next the celebrity in chief turns to one of his hollywood friends to push another high-priced new entitlement entitlement program. we take it up with the a-team i've smoked a lot and quit a lot but ended up nowhere. now...i use this. the nicoderm cq patch with unique extended release technology helps prevent the urge to smoke all day. i want this time to be my last time. that's why i choose nicoderm cq.

lou: joining me now, "the a-team," amy holmes, and a former speechwriter for senate writer bill. republican pollster kelly ann conway. >> great to be here. lou: i was talking with heather mcdonald. why is there this ability on the part of republicans to create conflict and -- with their own principles and their own agendas in one hand pushing for trade promotion for the president, which creeds cedes article one section eight if they have their way and sue the constitution and issuing executive fiats. rationalize that for us. >> today's vote was terrific. it was in keeping with what majority of

americans want. they rejected -- and going around congress and issuing his own executive amnesty by fiat. republicans pulled back on that by saying that they will fund dhs the republicans were hoping they would not -- lou: did they reverse themselves. >> not at all. at the same time they gutted obama's immigration -- lou: republicans are pure of spirit. >> no. you know i would never say that. lou: my question is how -- i ask: how do you resolve the absolute conflict and contradiction between trade promotion authority that they wish to grant the president -- >> not all of them want to. lou: i didn't say they want to. all of them. i said they, the leadership does. and secondly, the leadership is insisting at the same time that they proceed against an unconstitutional executive fiat. >> lou, i would disagree

with your characterization of trade promotion authority. every president has had -- lou: actually not. >> 1974 -- lou: who took it away. >> he had this power given by congress -- lou: he doesn't have it now does he? >> it expired six years ago. lou: and they refused to bring it back. >> right. lou: i'm waiting for the part that's inaccurate. >> here's the democratic -- lou: i want a straightforward answer. if you don't think it's a contradiction turn the world on its head and say that's fine. >> congress, at the end of the day, will be voting on trade deals. they are keeping the legislative process in congress. they can put a trade deal off track. when it comes to executive authority president obama legislates from 1600 pennsylvania avenue. >> is it not a contradiction, but is it smart? the answer is probably no. lou: i want to stay in the realm

of principle. >> i don't think the principles are in conflict. lou: you can keep saying that until -- >> you're characterizing it as an executive action -- lou: it is an obvious and -- >> i think the way the republicans would defend it, the leadership, this is not necessarily my defense. lou: if they defended it, they will lose it. it's a contradiction. to be honest with the american people, we have obama too sitting in the house and the senate. >> could be. i don't think they owe him a thing to be honest with you. lou: you don't think what? >> that the republicans