inspiration. they should be certainly -- to all of us as are you. candice owens thanks so much. >> thank you. that's for us tonight we thank you for being with with us. good night from new york. the end of the day, the president's commitment is to defend the nation and he'll do it either with or without congress. lauren: the government is back open, for now, as the shutdown clock resets for another three weeks. the white house warning congress make a deal or we'll build a wall without one. cheryl: we've got a busy week on tap for investors, earnings from apple, facebook, microsoft, amazon all coming out this week. plus, u.s./china trade talks will restart in washington and there's a fed policy meeting coming you. futures are in the red right now. lauren: and a jobs report. cheryl: and that. lauren: the bri british parliat

gets set to discuss th leaving e europe peeuropean union. cheryl: let's take a look at the -- lauren: more bad news for carlos ghosn, what washington wants to know now. "fbn: a.m." starts right now. cheryl: it's 5:01 a.m. in new york. it is monday, january 28th. good morning. i'm cheryl casone. lauren: january is flying by. good morning, everybody. thanks for starting your day with us. i'm lauren simonetti. cheryl: we've got a lot of economic news as we mentioned coming up. lauren: it's unreal. cheryl: a lot for investors to watch. wall street kicking off the busiest week yet, 13 dow

components including apple and boeing reporting quarterly results. must you have microsoft, facebook, amazon, coming out with report cards. lauren: a federal reserve meeting, high level trade talks between the u.s. and china, and on friday, to al to sum all of s up, the labor department will release the january jobs report. cheryl: all of this as the shutdown was ending. now president trump says he believes that the odds congressional negotiators are going to strike a wall funding deal in three weeks, because the government's now reopen, are less than 50/50. in an interview with the wall street journal, the president said he would build a wall anyway and use emergency powers if necessary. he temporarily, if you didn't -- i'm sure you didn't miss this, he ended the government shutdown. lauren: garrett tenney is in washington with the latest. >> reporter: this time next month, the government could be closed again. president trump has signed a temporary funding bill to keep

washington in business, but only until february 15th. it's now up to a join a committo make a deal on border security. the president is almost certain to reject any funding money without funding for the wall. will democrats agree to a physician i l call barrier? -- physical barrier. mick mulvaney says it's possible. >> many democrats came to us that they're starting to agree with him on the necessity for a barrier on the southern border. >> reporter: joe manchin, who had supported a border barrier in the past, says the next three weeks could be an immigration turning point. >> i think democrats want to look at basically the whole holistic approach, immigration reform, pathways forward to some people. >> reporter: roy blunt believes the president would prefer to go around congress and build the wall on his own, rather than risk another unpopular shutdown. >> after 35 days of this, the president also thinks shutdowns

are not great politics and bad government. >> reporter: the conference committee is expected to begin working right away. some of the meetings will take place behind closed doors, out of the public eye, which could have a major impact on negotiations. in washington, i'm garrett tenney, fox news. lauren: the dow rallied 183 points on friday, helped by the reopening of the government and this week three of the four largest public companies in the world will report quarterly results. investors watching apple, amazon and microsoft earnings, plus many other economic events. katina group president gary smith joins us now. good morning. >> good morning. lauren: we went through everything happening this week, all the major market movers, and, yeah, the government's reopened, at least for a couple weeks. what do you think is the most pressing event for investors? >> right now i would you say it's whatever is grabbing the headlines and right now it's the -- you've got to look three

weeks out, are we going to go through another 30 days or so of another shutdown. i think that's i would say is number one. number two is what's going to happen with china and number three, as you mentioned right at the open, we have the fed meeting this week. they're not going to really -- it's really now more what the fed thinks is going forward. do they see any more increases. those would be the top three things. ironically, earnings, what they say matters in my mind less and less. it's more on what they he see going forward in the future, just like you saw with apple forecasting a slowdown because of china. lauren: i'm surprised you put the federal reserve at number three in the list of the most prominent worries. a lot of people say the fed's message, their tone could really guide things going forward. they might not raise interest rates but the way they sound or if they say anything about the tightening could really unnerve

these markets once again. >> well, here's why i place it third. i think the fed has more or less learned its lesson, that they can really dramatically move the markets and i think i saw -- everyone saw in the last announcement they said well, we're going to kind of wait and see. that's why at least for this upcoming one, i think with everything going on, another shutdown looming, they're going to have almost the same exact words. we're going to wait and see. that's why this fed meeting almost a nonevent. lauren: why are stock you futures down this morning? we have the government back open. >> yeah. i think that we've had -- we had kind of a little bit of a shutdown rally, if you will, end of shutdown p rally going forward. i think the big reason, though, is we've seen this dramatic move off the bottom, almost like a paipar a abolic move. i think everyone coming in that was bottom fishing is already

in. now we have earnings coming up, we're going to take a wait and see attitude. i think all those bottom feeders are out. now everyone is saying wait, maybe i better skirt to the sidelines, i already have good profits. lauren: it's org. wa arguably e strongest start in five years. thank you for your perspective. we'll see you soon. cheryl: big news breaking, the s.e.c. is now investigating nissan following the arrest of former chief, carlos ghosn. lauren: tracee carrasco joins us with that story and other headlines making news. tracee: good morning. the s.e.c. is reportedly investigating whether nissan accurately disclosed executive pay in the u.s. and whether they did enough to prevent improper payments. ghosn was arrested over

allegations he underreported his income. he has denied any wrong doing. lauren: google and amazon want to get into the electricity business, like competing with utilities. tracee: the two companies are looking for ways to expand their smart speakers, internet connecteconnectthermostats and r information to utilize consumer data use and ultimately the company that controls the software and systems that deliver energy could gain a powerful market position. cheryl: those devices are amazing to help homeowners at least. let's talk about the box office. kind of a big falling apart, right, is that how we describe it? tracee: we'll get to that in a minute. holding on to the top spot, a take a look. >> some of us can still bend steel. >> i've been waiting for the

world to see that w he exit. tracee: glass with an estimated $19 million. second place goes to the upside. rounding out the top five, aquaman, the kid who would be king and spiderman video the universe. seserenity opened up with bad reviews and a disappointing $4 million. cheryl: not a good start. we don't have a great start right now to your monday, it's hard to tell you, futures are looking pretty red right now. we've got a lot on tap fo investors. this could change but right now the dow is down 101, nasdaq down 33 points. still ahead, former starbucks chairman and ceo, howard schultz, is brewing up a political storm. >> i am seriously thinking of running for president. i want to see america win.

cheryl: some democrats do not want to see schultz win. their latest threat if he follows through for an independent 2020 run. plus, he may have competition from a former 2016 candidate that just won't give up. and road rage shifting into high gear, how this guy wound up on the hood of a car while it was going 70 miles an hour. you're watching "fbn: a.m.." ♪ trust me tonight. ♪ i swear i know where we are. ♪ we're going to run all the lights. ♪ we're going to block back through the radar. i am not for colds. i am not for just treating my symptoms... (ah-choo) i am for shortening colds when i'm sick. with zicam. zicam is completely different. unlike most other cold medicines... ...zicam is clinically proven to shorten colds.

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cheryl: roger stone opening the door to cooperating with the mueller probe after his dramatic predawn arrest on friday morning. former trump advisor gary net with what he calls the fight of his life. stone saying he could strike a deal even as he called the charges against him fabricated. >> if there's wrong-doing by other people in the campaign that i know about, which i know of none, but if there is i would certainly testify honestly. i would also testify honestly about any other matter including any communications with the president. cheryl: that last line, pretty important. let's turn to former prosecutor david bruno. we still have no talk of collusion. where is the collusion? the probe is now we think winding down. is roger stone kind of the last piece of the chess game to fall do you think or do you think the president should be concerned

about what mueller is potentially finding in this probe? >> yeah, i think the big take-away from the indictment is the fact that there was no conspiracy to defraud the government. i mean, stonies the conduit between the campaign and anything coming from wikileaks. that was clear from the indictment. although stone had no direct dealings with wikileaks, and that's clear, he was using two persons to communicate. i think this is good for the president here. although politically not good because of the close friend and ally here being indicted. the indictment itself does not actually address conspiracy. cheryl: you mentioned the two people, jerome, coursey, randy kritico, they indicated they're willing to fight back against stone if this goes to trial and roger stone says he wants to go to trial. i want to move on to what this kind of appears to look like. you had cnn cameras rolling on friday morning. you had this predawn arrest. his wife is deaf.

he said in his interview, if they would have called my attorney i would have turned myself in. why the dramatics and why the cameras? >> candidly, i did not have a problem with the way the search warrant was executed. this was not just an arrest. this was actually a search warrant of the house and there was an indictment that had obstruction and evidence of actually tampering. so given those facts, i did not think it was unreasonable to have the amount of people. i do question why cnn was there. although they said this was anticipated. and to be quite frank, there were a lot that did anticipate that this indictment would come at some point. cheryl: and mark penn, i want you to listen to what mark penn b said. there is outrage about how this juawas handled. there is a lot o ofout rage abot it. >> this arrest with guns drawn and scores of agents, also when roger stone has a deaf wife, was

outrageous. how the special counsel gets away with doing something like that when roger stone has no gun, no evidence of vi violent history whatsoever or being a flight risk. cheryl: let's go back to your point about this. what do you think they were looking for? if they did search the property, and they did, is this something that president trump needs to be concerned about and should frankly investors should be concerned if the president's in jeopardy? >> yes, i do, because they were going in and they were getting phones, computers, and if roger stone was continuing to have communications with others, including the president, that would be on those phones. you know, his crimes a happened in 2016 so he's had over two years to have continued communications with potential co-consistenconspirators. cheryl: still no major accusations against the president. we've been led to believe, not

confirmed by mueller's office, but paul manafort -- you've got folks around him, michael cohen, all of these former trump allies that have been taken down by the mueller probe and stone says he's going to cooperate, is this really the circling, the death by a thousand paper cuts against president trump. >> i'm hopeful that mueller will call this straight. look at last week where he came out against the buzzfeed article and then this indictment itself, he had every opportunity to bury the president here. it's a speaking indictment. and there's nothing here. so i'm very hopeful that this could come to an end with the president moving forward without any issues. cheryl: stone was asked about those phone conversations with the president. he says it was all political. but who know what they found. it's going to be interesting to see as we learn more from what they discover in his home. david bruno, thank you very much, sir. lauren: does any of this make investors nervous?

because right now we have a triple digit selloff this monday morning in the us, dow lower by 180 points, just shy of half of 1%. we're seeing a half of a percent decline for the nasdaq as well. big week ahead with earnings reports. apple is upping the health game. its devices can count steps, monitor your heart rate. now it's trying to add a feature that might literally save your life. and super bowl week, it's here and pizza hut is getting in on the fun. how it's now stealing a page from i-hop's playbook. you're watching "fbn: a.m.." ♪ it's such a good vibration. ♪ it's such a sweet sensation. ♪ it's such a good vibration. ♪ that rocking chair would look grahh, new house, eh?e. well, you should definitely see how geico

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lauren: good monday morning. let's get you caught up on what's happening now. futures are pointing lower. the dow is up 1 107 points, nasq down 34. we have been up five weeks in a row, tremendous start to 2019. venezuela backing down from demands that u.s. diplomats leave the country. the country's foreign minister now saying they're open to talks as the trump administration warned of significant response if american personnel are threatened or intimidated. president maduro cut ties with the u.s. after the trump administration recognized opposition leader juan guaido as venezuela's interim president. that was a move that maduro blasted as an attempted coup on his administration. kamala harris is headed to iowa today after kicking off her campaign in california. >> we are here because the american dream and our american democracy are under attack and on the line like never before.

lauren: the california senator will be in iowa for a town hall tonight. hillary clinton reportedly is still weighing a run for the oval office. it would be her third. reports say that hillary clinton is telling friends she is leaving the door open to another try. well, the los angeles rams and the new england patriots touched down in atlanta for super bowl week. win or lose in the big game on sunday, the patriots' quarterback tom brady, he is not ready to call it quits. >> is there any chance this is your last game? >> zero. >> zero. >> there's zero. i said that for a long time. lauren: tom brady said there is zero chance that he calls it quits. he's 41 years old. he's looking to lead the patriots to a record six super bowl wins. and to commemorate his first year as the official pizza of the super bowl, pizza hut is

changing its name to get this, pizza hut, hut, it's a double hut, as in hut, hut, hike. an amazing video of a man clinging to the hood of a moving suv for three miles in a pretty frightening case of road rage. police say the man jumped on the car after getting into an accident with the other driver in massachusettes. the car at times reaching up to 70 miles an hour. the madness finally ending after a motorist with a concealed carry permit ordered the driver to stop. both men now facing charges. cheryl: that's frightening. lauren: all caught on camera. cheryl: that's crazy. this is crazy, folks. get ready. the coldest temperatures in years are about to hit some. i think the material arctic blast is being tossed around right now. lauren: deep freeze. fox senior meteorologist janice dean has the latest. hi, janice. >> yes, it's going to be dangerously cold across portions of the northern plains, the upper midwest, even the northeast as we head into

wednesday. these are wind chills, so watch what happens as we go into tuesday and wednesday. the worst of the arctic air moves in. we're going to be talking about wind chills anywhere minus 30 to minus 40, so these are dangerous temperatures. people can't go outside for a great length of time. that is going to be the big story that gets the head lines. i want to point newt we have a fast-moving storm moving across portions of the upper midwest, the mississippi river valley and we have winter weather advisories posted as far south as the gulf coast because we could see some southern snow with this. we have blizzard warnings for parts of the northern plains and the interior northeast and new england. we'll watch the radar go further out in time, tuesday and wednesday. watch the backside of this. that's where we're going to see the southern he snow. that could cripple travel across portions of the southeast and the gulf coast. so that's something we're going to have to watch. but the bottom line is the thing that's going to make the headlines is the cold air.

but i also want to focus your attention on areas that are going to get snow that potentially don't see this type of snow at any point. so across the south, but really the headlines are going to be the arctic freeze, the polar plunge, the polar vortex across portions of the northern plains which will be very dangerous, potentially deadly temperatures. lauren: thank you. cheryl: snow on the gulf coast. lauren: they freak out. cheryl: let's take a look at futures as we go to break, dow down 1 107, nasdaq down 34, a lt of big economic news coming out this week and earnings. still ahead, the government may be reopened for now, but the clock is ticking for president trump and congress to strike a deal on border security. >> this is a chance for the democrats to prove whether or not they really do believe in border security and are willing to go against nancy pelosi or whether or not they're so beholden to their leadership that they're never going to vote for a barrier on the southern border. cheryl: so will democrats be

willing to negotiate about the wall and how are markets going to respond this morning as federal employees are heading back to work. plus, facebook's ceo mark zuckerberg making a major move to keep his empire intact. you're watching "fbn: a.m.." ♪ take on me. ♪ take me on. ♪ i'll be -- oh no, no, no, no, no, no, no... only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ (vo) ♪ here's a question. was it necessary to create a luxury car

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go to vettix.org. it's our experts who protect the border who say it's going to cost $5.7 billion for all the technology including wall, what are the democrats willing to support? they're going to have to put a real number to paper now in the next three weeks. cheryl: it could be a contentious three weeks. will democrats be willing to negligence other yates for a border wall -- negotiate for a border wall? lauren: we're watching that and earnings from facebook, apple, a amazon, plus u.s./china trade talks, they restart and the

federal reserve meets on monetary policy. do they change their tone. ahead of all of that, futures are lower, the dow is down 108 points, the nasdaq down 34. cheryl: taking a look at europe and again, the u.k.'s going to be in focus once again. british parliament set to debate the exit from the european union, all of those markets are in the red. lauren: mostly red in asia as well. the nikkei in japan is down 0.6%. cheryl: you won't believe what new technology apple has in store for iphones and the apple watch. a lot of buzz about this. "fbn: a.m." continues right now. 5:31 a.m. here in new york, monday, january 28th. good morning. i'm cheryl casone. lauren: good morning, i'm lauren simonetti. the federal government is back open and employees head to work today. the clock is ticking for president trump and congress to

now reach a deal on border security. cheryl: lot to go through. griff jenkins is live for us this morning in washington with all the latest details. here we go, griff. good morning. >> reporter: here we go. good morning. federal workers head back today. you can't fault them for feeling uneasy as the fight between the president and democratic leaders is far from over. president trump casting doubt on the prospect of lawmakers striking a deal on border funding to avoid another shutdown in three weeks, telling the wall street journal, quote, i personally think it's less than 50/50 but you have a lot of very good people on that board. he's also not ruling out closing the government again, saying it was certainly an option. this as white house chief of staff mick mulvaney pressed on the president's major sticking point, a wall. >> it's not a made up magical number of a $5.7 billion. it's the wall, where we need it the most and where we need it the quickest. that's what's driving this. this is not something where the president's married to a number. he's married to border security which is the right thing for the

president of the united states to do. >> reporter: here's the big question. will democrats actually agree to any funding that includes a wall. that's unclear. so far, they've been unwilling to budge. now it's up to a bipartisan conference committee to find common ground as democrat senator joe manchin says it's time to bring in professional negotiators. >> we locked horns on this thing. no wall, all wall, halfway in between. let the professionals tell us what it takes to keep us safe, people that understand on the front lines and professionals that can be a deal maker, if you will, help us find the right path. >> reporter: funding runs out on february 15th where the government could face another shutdown and the president could declare a national emergency. the white house indicating that is still an option. a lot of people believe we could be closer to that in a very short period of time. lauren, cheryl. lauren: it's all noted. we're watching that and we'll have more in a bit. griff jenkins, thank you very much. cheryl: investors are focusing

of course at the end of the shutdown as part of the puzzle. the federal reserve meeting is coming up. we have the high level talks with china, the jobs reports on friday and what will happen with congressional negotiations and if there's going to be any deal on any kind of border wall or barrier, whatever. david nelson joins us now. there is a lot of moving parts for the street to really watch right now. but let's start with the end of the shutdown. we did see a jump in markets on friday, , based on the news that came to a three week deal. are you positive this monday about a shutdown averted and crisis averted about the wall. >> look, the shutdown was certainly important politically. from the moment the shutdown started on december 2 22nd, we were up over 10%. the markets are were focused somewhere else. now that we're heading into a new week, i think what's really important for the markets is the usual suspects. you have earnings and fomc meeting and a decision on wednesday and of course the china trade talks and the jobs

number on friday. that's what markets really care about. i think for investors, the shutdown was really not the important issue. cheryl: what about gdp? kevin hassette came out last week on wednesday, said if the shutdown goes to the first quarter you could have zero growth in the economy. we had more than 30 days of a shutdown. are you worried about the gdp for q1. >> it's probably going to be about a half a percent. we're going to get it back in the second quarter. it gets pushed forward, it's not important for the markets. the markets moved that last week. cheryl: let's move on with the fed. there's going to be a press conference. we're listening to the messaging. that's been on and off track for jerome powell. the big news on friday was the fact that they may be ending the winddown of the bond portfolio, keeping more assets on their books. markets seem to like that. do you like that, david?

>> i don't. i'm fully in the camp of no mallization. -- normalization. i've been a long-term critic of the fed. i thought what we saw last year, that was a policy mistake that pushed up rates too fast last year. and unnecessarily. the inflation wasn't there. we need to roll off the balance sheet. i think the big issue wasn't that we needed to do it, was the fact that the pace was too fast. we were coming off at $50 billion a month. we probably averaged out around 35. it's probably got to be something slower than that even if we go down another $1.5 trillion, that would get us the to where we were in 2010. i would be disappointed if the feds makes a decision that this is as far as we go. cheryl: real quick, i have to ask about china. there's high level trade talks, two days in washington, the chinese vice premier will be in town. are you optimistic? there hasn't been a lot of movement forward between ourselves and china. >> there's been some

announcements about closing the trade deficit. i think we can take some solace in that. the big thing is intellectual property. that's likely president xi doesn't want to move on. this is where the president needs to draw the line in the sand. i think it's important for viewers to understand, we're not negotiating with a partner or even a competitor. this is an adversary on every level, whether it's economically, trade, certainly foreign policy and even militarily. we'll be fighting against this and even after a deal happens and we'll likely get one at some point, they're going to cheat on it and we'll have to come back to the table again. cheryl: i was going to say, the line in the sand, robert lighthizer with a big stick, i don't think he's going to budge as well. thank you very much. a lot to go through. >> thank you. lauren: and this, facebook is working on major change that could affect users across the platform. cheryl: tracee carrasco has that story and other headlines. tracee: facebook is reportedly

working on integrating the messaging features into all of its platforms, facebook messenger, instagram and what's app. the three would still operate at standalone apps but messenger users will be able to communicate with anyone on what's app or instagram regardless of whether they have an account on those other platforms. according to the new york times, it would also incorporate end to end encryption for all communications. this isn't expected to be rolled out until 2020. but it could protect facebook from a potential breakup by government regulators. facebook is trading slightly lower in the premarch chet. cheryl:market.cheryl: interestu made there. tracee: it's like a central chat room. cheryl: i guess it makes sense for us, not for him. let's talk about apple, future devices might come with life-saving features. tracee: this could be really big. apple reportedly has been granted a patent for sensors that could detect the presence of harmful gases like carbon

monoxide. the sensors could be in future phones, watches and smart home devices. we know carbon monoxide kills many people every year without them knowing of its presence. a miniature gas sensor built into an apple device would be able to notify people of any danger. apple is lower in the premarket. lauren: stocks are lower in the premarket today. earnings on tap. tinder settled a lawsuit basically saying you can't charge people more because they're older. tracee: they reached a settlement with users over the age of 30 who allege the dating app charged them twice as much as those 29 and under. the class action lawsuit was filed after one woman realized she was paying $19.9 $19.99 for tinder plus while those 29 and

younger half the price. they defended their decision by saying the older users have more money. lauren: 30 is old. cheryl: 30 is so old. they have more money? that was their response? thank you very much. lauren lauren: in their parents' basement they have more money. the s&p is down 11, nasdaq is down 32. we have somewhat of a selloff this morning as we wait for key market moving events this week from china trade to the fed to the jobs report. will the former starbucks ceo howard schultz show a wrench in the 2020 plans, democrats scalding reaction to his potential run for the white house. and why disney's new star wars ride could be worth the wait, literally. you're watching "fbn: a.m.." ♪ [star wars theme] ♪

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cheryl: welcome back. let's get you caught up on what's happening. investors will have a lot to watch and the numbers could change but right now we're in the red on this monday, despite the pop we got on friday with the end of the shutdown. dow down 112 in the premarket, nasdaq down 36 and a quarter. the death toll in the brazil dam collapse is now at 58, and hundreds are still missing. officials say the rushing wall of mud was enough to fill a

football stadium more than six times. the dam was used to store waste and hud fro mud from mining. howard schultz is setting his sights on being the commander of the country. >> i want to see america win, bring me your ideas and i will be an independent person who will embrace those ideas because i am not in any way in bed with a party. cheryl: some people on the left are threatening to boycott starbucks. democratic candidate jillian kastru says it will provide president trump with the best hope of getting reelected. starting today it will cost you more to mail a letter. the postal service has raised stamps by 10%. disneyland's new star wars galaxy's edge has fans counting down the days until the grand

reopening and it looks like the latest ride might be worth the long wait. reports say this ride, star wars, rise of the resistance, may be a 28 minute journey and that looks really fun. lauren: worth the wait, definitely. cheryl: fun. lauren: let's take a look at how futures are shaping up this monday morning ahead of a really busy week for earnings, for trade, for the fed. dow down 109, s&p down 12. investorors definitely rattled y something. cheryl: friday wasn't too bad. lauren: president trump's chief of staff said he will get funding for his border wall. >> attend of the day, the president's commitment is to defend the nation. he will do it with or without. lauren: we'll take look at what's ahead for the border debate. theresa may is bracing for another bitter battle over brexit this week. can she prove a deal is still possible? you're watching "fbn: a.m.."

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lauren: hundreds of thousands of federal workers are back on the job today but probably feeling a little bit uneasy, that's because the congress only has until february 15th to find a permanent resolution to the border situation where the government could shut down again. president trump telling the wall street journal there's only a 50/50 chance a deal gets done. what happens next? we turn to ron meyer, political analyst at media d.c. thanks for joining us. >> good morning. lauren: what happens next? >> i think what happens next is we're going to see a lot of the same. i think the president's right and that's why i'm not understanding why this is a path

for him. because he just spent a month fighting this battle and, frank lirks evely,even people that agm say he lost. when it comes to shutting down the government, it's never been an effective negotiating tactic and it's never helped the president's poll numbers. why are we heading for this again? the problem is, is that he's going to continue to be blamed for it even if pelosi continues to be -- speaker pelosi continues to be ridiculous. with all of her antics with the state of the union and unwillingness to give on anything, you would think that some people would have put some blame on her. people just blame the president when the government shuts down and frankly now that he's opened it up, he also got the blame from his own side. and so i think the best tactic for him is really to go ahead and do a long-term deal and try to do a separate deal on immigration. or to go ahead and a act with executive authority if that's the fight he wants to have. lauren: what's the chance of the latter happening, that he

declares a national emergency at the border. >> i think there's a high chance of it. the problem is -- well, not the problem, but the issue is, is that there's a lot of legal experts including some from harvard on some on the left that think he has the constitutional authority to do it because congress allocated a lot of generic money to the department of defense. that's the problem with congressional -- with the way they fund things in washington, is that they give actually a pretty large swath of money to the department of defense to do whatever in an emergency situation. he has a pile of money to be played with. is that the way money should be appropriated? no. i think there's a good shot he declares a national emergency and then that becomes a court battle. i think that will probably be the way he goes, because he can fight the courts and rev up his base by fighting the courts. my guess is that's where we're headed. lauren: much of this is about what happens in 2020 and you have some democrats, like senator man chichin from a red e

who are saying i've been to the border, there's a need for a barrier. roll the tape. >> why do you see value in the border barrier. >> i've talked to the custom border patrol people and these are the pro fog professionals ti rely on. they showed me and told me what needs to be done. lauren: he says you need to bring in an outside observer to negotiate a broader immigration deal. what are the chances of that happening? >> i think it's a good idea, to be honest with you. customs and border protection and the experts on the border believe that we need barriers down there. the issue is, and i think senator manchin has this right, if the president's the one saying we need the barriers, and nancy pelosi and other democrats are going to say no, if it's actually objective people they may say yes to some funding. so i think it's actually rather brilliant by senator manchin as a negotiating tactic and i hope the president license to him. because that's maybe one way we could get to some sort of end to this. that's if speaker pelosi will actually listen to the experts

and not still use this as a weapon against president trump. and i think it's been such a good weapon for her that she might not even listen to independent analysis. the question is, are the american people going to hold speaker pelosi and others accountable and say some sort of deal ought to happen. lauren: ron, thank you very much. that was good insight this morning on the situation we face on february 15th once again when the spending expires. cheryl: valentine day, want to point that out. we have a lot more coming up. the brexit debate taking center stage this week. are global banks going to leave the u.k. no matter what? we'll head across the pond, coming up next. ♪ from the market when it might be time to buy or sell? with fidelity's real-time analytics, you'll get clear, actionable alerts about potential investment opportunities in real time.

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♪yeah ♪(rock music) ♪you can't do this, you can't deny♪ ♪they feed us lines, but i won't act♪ ♪and all good things will come to pass♪ ♪but the truth is all you have to have♪ ♪and would you lie for it? ♪cry for it? ♪die for it? ♪would you? ♪i believe

♪believe we're still worth the fight♪ . . . lauren: prime minister theresa may bracing over battle over brexit this week, tomorrow members of parliament will vote on amendments to bill. cheryl: 19 amendments on the books including one to extend the march 29th deadline, major banks, they will leave no matter what the outcome of brexit. >> certainly is no deal likely. it does look after last week that least likely but possibility, always one that sort of holds people's minds and

policy calculation, 1940, dramatic, it is the worry, uncertainty, the lack of -- we don't know if we would move beyond march 29th, just putting more pressure on the government, probably at least a push to deadline beyond march into probably beyond the summer as well and the longer that goes on, more likely second referendum becomes. lauren: the sun is reporting this morning that theresa may will avoid a no-deal brexit. maybe that's already priced in the market, what do you think? >> i think that is assumption they are working on now and the pound jumped sharply, if this goes all tomorrow and first priority no deal is off the table, it would be one listing to worry about markets and great for possibility really at this point in time.

no one you can discount entirely but perhaps a month ago. cheryl: fox business will be on the ground and watching all of this, chris beachun, chris, thank you very much, we appreciate it. >> thank you. lauren: mornings with maria starts right now. maria: good morning, ladies, good to see you, i'm maria bartiromo, happy monday, everybody, it is monday january 28th, your top stories right now, 6:00 a.m. on the east coast, big week for the markets this week, earning season is kicking into high gear for the fourth quarter, nearly half of the dow industrials reporting this week alone. investors watching the federal reserve decision and of course at the end of the week we have the january job's report, big week ahead, kicking it off right now. the shutdown is over for now, government employees return to go work as lawmakers have 3 weeks to reach a border wall funding deal, it would not be easy path, we are taking a look at what is at stake, brewing up a run, former starbucks ceo howard schultz lays out argument

for independent run for the white house, he's facing backlash this morning. securities and exchange commission reportedly investigating nissan now, automaker facing questions tied to carlos goshn's paid disclosure, mornings with maria begins right now. ♪ ♪ ♪ ♪ maria: all right, we are watching markets this morning, beginning of big week for investors, caterpillar is reporting, tig technology companies, apple, facebook, also reporting later on this week, joining me right now market strategists, michael lee, it is good to see you this morning.

>> thanks for having me. maria: how would you be positioning ahead of big week, of course, the earnings period? >> well, look, i think you have to have exposure to u.s. stocks, it's a matter of how aggressive you want to be. what i'm looking for are we going to punish all of the losers the same or are we going to award the winners, is there going to be diversion between winners and losers or everything move in unison. maria: yeah, but i mean, you see a change in this market with the federal reserve on hold, correct? friday we get article in the journal basically saying, look, they may not necessarily be on hold for raising interest rates, they may actually be on hold in terms of the balance sheet unwind, is that a positive? >> you know, i think that will give you a short-term benefit but in the long run that would be horrific. i mean, your play