lou: tomorrow night congressman mark green and har met dillon along our guests. follow me on lauren: it is tuesday, februar. here are your market movers. 16 states have filed a lawsuit in the liberal ninth circuit over president trump's national emergency declaration for the southern border wall. the constitutional crisis brewing this morning. and are you on the key toe diet or have a food allergy? there's an app for that. how going to the grocery store is about to get a whole lot easier.

cheryl: here is how your money is moving at 5:00 a.m. possible auto tariffs and china 2r5euchaitrade talks on investos this morning. the nasdaq is down 4 and a quarter. markets closed yesterday for the president's day holiday. the trade talks and possible new threat of tariffs on german automobiles affected europe this morning. all of the indices are in the red. in asia, optimism that beijing and the u.s. can move the needle this week or at least delay tariffs on chinese goods. the han hang seng and kospi are down. lauren: welcome to "fbn: a.m.." i'm lauren simonetti. cheryl: good morning. i'm cheryl casone. lauren: breaking this morning, trade talks between u.s. and china are back on in washington today. meetings are planned between lower level officials ahead of

higher level talks that will happen on thursday. cheryl: edward lawrence is in washington. he's got the details for us. >> reporter: good morning, lauren and cheryl. i confirmed that the trade talks in washington, d.c. will happen thursday and friday. the chinese delegation arrives later today, optimism following a meeting at mar-a-lago this past weekend with everyone associated with trade updating president trump with what happened in beijing. the chinese pushing back on the pace of structural changes the u.s. wants. china wants to delay some of the market access and protecting intellectual property. for robert lighthizer, that's the centerpiece of a trade deal. president trump having to make decisions on auto tariffs. the commerce department officially submitted their report to the president that he would use or impose up to 25% tariffs on autos and auto parts. president trump now has 90 days to decide or act or not on that

report. experts say just having the report could cause companies problems. >> just the uncertainty surrounding this report will freeze investment. that's a big problem for us. >> reporter: the european commission trades representative says she expects president trump to honor an agreement made with their president last summer that said as long as there's negotiations going on no new tariffs will be added. the e.u. is offering this warning. >> where this report translates into actions detrimental to european exports, the european commission would react in a swift and add t ye adequate man. >> reporter: the european trade commissioner will be in dc for talks in early march. cheryl: the late tes the latef trade talks, will they lead to any progress? dominic davella is here this morning. markets have been very patient

with these negotiations. we're back in the united states this week and the president has seemed to say and hinted that he would be open to delaying, levying that 25% on chinese goods versus 10% that's now in effect. are you optimistic? >> optimistic. the talks so far have gone pretty well. at least if you look at some parts of this. i think there are other parts that are going to extend out and maybe extend out a lot longer than anybody thinks. cheryl: you think it's going to extend a lot longer? what is the time frame? what do you think? >> they made tremendous amount of progress, especially the amount of goods and service that's china is willing to acquire from the u.s., agriculture products, technology, boeing a aircraft. the idea of enforcement is really a sticking point. i think president trump is going to get to a point where he's got enough positive data here that he can extend out the time of the tariffs but the talks could extend out a very long time. cheryl: markets are going to have to wait and see how they

feel about that. here's the thing. doesn't seem like the u.s. has made -- we don't know. they haven't given us a lot of inside information. doesn't seem like the u.s. has made a lot of movement on what really counts, which is intellectual property theft, forced technology transfer, forced marriages i call them between chinese and u.s. companies and also with the manipulation of the chinese economy which the government has been doing let's be honest here, dominic, for decades. there are a lot of doubters that say china is not going to give us any meaningful reform. can you accept that as a an investor? >> we watched as markets reacted to negative talks. this year, the markets have reacted positively not to economic data but to chinese/u.s. talks. the chinese have a much longer time line here on implementing the new policies. they say they're willing to do it. they want a really long, extended time, perhaps coinciding with the election in the us, hoping th the mood would

change. cheryl: president would need a win for 2020 to your point. they need to get usmca through. that needs congressional approval. you've got a shift in congress with the democrats controlling the house. do you thinker th think the pres ambitious agenda on trade will go anywhere in the next two years, ahead of the 2020 election. >> president trump has an amazing, ambitious plan, not only with trade talks between canada, mexico, china, and now the european talks are coming back to the forefront. this is going to have tremendous headline risk for markets. we have to pay attention to this very ambitious, needed but very ambitious. cheryl: now there's potential auto tariffs being levied. we'll talk about that later on in the show. that could have huge i implications for global markets. 40% of the world, actually. dominic, thank you very much. lauren: breaking news overnight, 16 states have filed suit, challenging president trump's national emergency

declaration to pay for the border wall, setting up a showdown for the administration that could go all the way to the supreme court and also last through the 2020 election. cheryl: lauren blanchard has the breaking details on this. >> reporter: the white house continues to try to make their case for the national emergency declaration, anti-wall activists making it clear they are against this move by the president. protests from los angeles -- >> emergency! >> reporter: to chicago. >> not another nickel! >> reporter: newark. >> it's got to go. >> reporter: to the shadows of the white house, the president and the administration are getting ready to defend the move, even as lawsuits have already been filed. the group, public citizen, filed against the declaration in d.c. district court. l california attorney general also taking president trump to court on monday. >> donald trump is acting outside the law in declaring an emergency but he's also acting outside the law in trying to

raid pots of money that have already been allocated by congress. >> reporter: the white house is trying to use $8 billion to build the wall, a good chunk of this won't actually depend on the emergency declaration, including the almost $1.4 billion the white house got from the budget deal last week. the sticking point? the ad medicin administration wo shift money from the military construction budget. the white house says they have the legal authority. democrats say they will introduce legislation to block the declaration. >> we feel we're on solid legal ground on this issue. >> reporter: white house officials say if the democrats' bill passes the congress, the president may for the first time use his veto power to kill it. in washington, lauren blanchard, fox news. cheryl: some republicans are concerned that declaring a national emergency could set a dangerous precedent and not to be outdone, freshman congresswoman alexandria ocasio-cortez made a

questionable comparison about the border wall. >> no matter how you feel about the wall, you know, i think it's a moral abomin ination. i think it's like the r berlin wall. cheryl: the berlin wall was meant to keep people in, from escaping communist germany. lauren: she uses the word "like," 10 times. big changes could be coming to the department of justice. rod rosenstein is expected to step down next month. cheryl: griff jenkins live in washington, he's got more details. >> reporter: good morning. like we've reported, rosenstein -- [ laughter ] >> reporter: there are changes coming. he intends to step down around the time the new attorney general took over. we have the time line, it's going to be mid-march. we have confirmation that b a

arr will replace rosenstein with jeffrey roseen, he previously served as general counsel and senior policy advisor for the white house office of management and budget from 2006-2009. before that, he was a general counsel at the department of transportation. now, these changes come amid the fire storm created by andrew mccabe who believes he was fired for opening an investigation into president trump, claimed rosenstein considered using the 25th amendment to remove the president and that rosenstein was willing to wear a wire. the president you see here tweeting in response the biggest abuse of power and corruption scandal in our history and it's much worse than we thought, andrew mccabe admitted to plotting a coup when he was serving in the fbi before he was fired tore lying and leaking. treason. well, now senate judiciary committee chairman lindsey graham wants to know more. >> it's one of the most significant moments in american

history if it's true. oversight is part of my job. we do have checks and balances so the congress will watch those who watch us. i'll try to find out who was in these meetings and talk to all of them and figure out who is lying because somebody's lying. >> reporter: we don't have a time line for any senate judiciary committee hearings coming but we do expect an official announcement of jeffrey roseen's pick coming as early as this week. cheryl: griff jenkins, live in washington. thank you, sir. lauren: let's get to other headlines we're watching this morning. the co-founder of huawei reportedly telling the bbc that there is, quote, no way the u.s. can crush his company. the trump administration has been pushing other countries to abon don huawei technology for critical infrastructure, warning that it could be used for intelligence gathering for the chinese government. in the u.k., honda will be shutting down a major production plant as brexit looms. car makers have scaled back

production there over tariffs. once the u.k. does leave the european union, if that does happen, at least 3500 people work at that honda plant. the u.s. is reportedly considering opening a liaison office in north korea. according to the wall street journal, the proposal would a allow the north koreans to establish an office here in the u.s. president trump will meet with leader kim jong un later this month. route bay gearuth bader ginsburd to return to th the ben today fr the first time since she underwent cancer surgery. 2019's biggest beautiful super moon lighting up the skies overnight. during a super moon, the moon can be up to 14% bigger, 30% brighter, as it moves closest to planet earth. if you missed last night's show, you still have a chance to see it tonight. the snow moon will officially reach its peak this morning and it will be visible in the sky

tonight shough th. cheryl: the blood moon, the snow moon -- >> lauren: we need a science class. cheryl: there's a little bit of pressure on this tuesday. dow down 42, s&p down 4 and-a-half, nasdaq down 4 and-a-half in the premarket. coming up, president trump addressing the crisis in venezuela and he's warning against the danger of socialism. >> socialism promises a better future but it always returns to the darkest chapters of the past. cheryl: the president's message to those supporting the maduro regime and to progressives here at home. and it's the kiss seen around the world. what we're learning about this american hero at the center of what you see, this iconic world war ii photo. we'll be right back. ♪ luck be a lady tonight. ♪ luck be a lady tonight.

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lauren: president trump declaring that a new day is coming to latin america as he seeks to support for the venezuelan opposition leader juan guaido. he warned against the dangers of socialism. >> we know the truth about socialism. socialism promises prosperity but it delivers poverty. socialism promises unity, but it delivers hatred and it delivers division. lauren: let's bring in em man l o tinagi. what did you make of what the president had to say yesterday? >> it's amazing that it needs to be stated in the 21st century. socialism is responsible for the death of upwards of up to 100 million people in the 20th

century, many of those by violence, many of those by familiar medicine. it'it denies the inherent freedm we believe every individual has. it denies the principles of defending human rights and difference. so to still be stuck in a debate where some people think that socialism is the way, when we have the evidence and venezuela is the latest example of how much misery socialism visits on societies, it's mind boggling. lauren: socialism has become almost trendy, especially among the liberal left. i want you to listen to something that daniel demarchma, he's a college student, his family came to the u.s. when he was a teenager, he said this. >> people are starving in venezuela because policies such as the one that alexandria

ocasio-cortez and her green new deal, which reality is just the red new deal, which is just a socialist wish list, would destroy the u.s. economy and lead us into the path of venezuela. lauren: what do you make of the green new deal that many candidates running for office including cory booker are touting? >> look, there's nothing wrong in a democracy to argue about environmental policy. once again, let's look at venezuela and socialism. venezuela, the venezuelan regime is wrecking their environment. the state run by maduro and his clique of pletocrats are he destroying the environment, causing damage that will take maybe two, three generations to fix. wherever you look around the world, former or existing socialist states have destroyed the environment.

no respect for it. whereas it is in the west, through western environmental culture and policy that, we actually find through free market and innovation ways to preserve the environment while guaranteeing prosperity of development. lauren: now the question is, how long can nicolas maduro hold power in that country. >> well, i think the u.s. policy is set in the right direction to make this a peaceful transition. lauren: emmanuel, thank you very much for coming on and talking to us this morning. >> thank you. cheryl: well, we've got a lot more coming up this morning. if you own an android phone you're going to want to stick around. the thousands of ways it could be tracking you permanently. plus, why eating a hamburger may never be the same. we will explain. you're watching "fbn: a.m.." ♪ and so i wake in the morning and i step outside. ♪ and i take a bea deep breath i

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♪ i will follow. ♪ wal cheryl: new researches has found that over 18,000 android apps can create permanent records on their users even when users try to stop the tracking. lauren: the music made sense, u2, i will follow. tracee carrasco has details for us. tracee: essentially the privacy controls may be worthless. the apps are only supposed to be collecting a digital advertising i.d. from your phone which will be used to generate targeted ads. if you want to opt out, all you need to do is go to the phone settings, reverse the

advertising ad i.d. the international computer science institute discovered many of the apps are not only collecting the advertising i.d. but also identifying information from the android devices like the serial number, other network indicators, none of which can be reset. the apps can identify your device even if you reset the advertising i.d. so google says that in some cases this could violate the policy, but they're pushing back a little saying that in some cases collecting the advertising i.d. along with the identifying information, that can be helpful in terms of maybe identifying a device that has fraud on it, other cases like that. so -- cheryl: interesting response from them. tracee: lauren: the good and bad of technology. we're talking fast food because we always are. and there is a new trend these days. tracee: jack in the box testing out the burger dipper, which is promoted as the burger you eat

like a fry. one twitter user described it best. it tastes like they literally put a burger in a blender and deep fried it. i don't know if that sounds good. but meanwhile, taco bell selling an ultra plush burrito blanket. that looks just like a taco bell wrapper. you can wrap yourself up like an actual burrito. it is sold out on the taco bell online store. cheryl: cu kudos to the markeg executives in the fast food industry. there's so many crazy things to discuss. lauren: i need to see a picture, a how to, how to wrap yourself in taborl in the burri. tracee: i'll work on that. lauren: still ahead, 16 states are going to the liberal ninth circuit court to stop president trump from declaring a nation untialdeclaring nationalemergen.

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cheryl: let's get you caught up on global market action this morning. possible auto tariffs and china trade talks today in washington on investors' minds. dow down 44, s&p down 4 and three quarters. markets were closed yesterday for president's day. the trade talks and possible new threat of tariffs on german automobiles affecting those markets. take a look right now, every major index there in the red and in asia some optimism that beijing and the u.s. can move the needle this week. or delay tariffs on chinese goods. mixed performance for asian markets. lauren: the attorney general of california plus 15 other states have filed a lawsuit over president trump's national

emergency declaration, saying his action violates the constitution. >> the responsibility to determine where our taxpayer dollars go is congress' responsibility. donald trump cannot usurp that obligation and privilege. lauren: emily larson joins us now. thanks for joining us again. what is the state's argument for how the declaration violates the constitution? >> the main argument is that the declaration violates the constitution because congress has the authority to appropriate the funds and it's basically an executive overreach argument, that trump is usurping the constitution because he's overstepping without proper authorization from congress. the problem is that congress has given up a lot of their authority in the past in many different aspects and issues to the executive. it will be a tough argument for

the states to say that trump is actually violating the cons. lauren: this is expected to go to the supreme court. what do you expect them to do? >> well, it's hard to say what the courts are going to do. i'm not a supreme court whisperer. but trump does have a number of aspects of this argument that are in his favor. for example, it's unclear, some legal experts think whether these states actually have standing to bring the lawsuit because the wall is being built in texas and also he is -- trump is using the funds in order. there are several pots of money. he's using the money authorized by congress and then treasury funds and then department of defense funds and then funds from the department of defense authorized by the national emergency. it might not be until he actually uses the funds in question that these states have standing to bring the lawsuit. lauren: the sticking point is the $3.6 billion that comes from the military construction budget because states are saying that

was allocated for us, that will harm us, that will harm our citizens, our economy, et cetera. we'll see. california governor, gavin new s&p saying this, president trump is manufacturing a crisis and declaring a made up national emergency in order to seize power and undermine the constitution, but let's draw your attention and our viewers' attention to a recent fox news poll which shows that 63% of voters consider what is going on at the border an emergency or a major problem. so what are your thoughts on that? how is this a made up emergency if 63% of voters disagree? >> well, that is definitely a part of the political fight that's going to happen for this wall and this national emergency. and that's the first fight we're going to see, which is going to be in congress, which represents the voters and all the people in your poll. so the house democrats are expected to bring a resolution to try and nullify trump's

national emergency and there is a chance of it passing and trump he vetoing it. it will be really hard for people, for them to get enough republicans to get a veto approved majority to see this through. lauren: that would be the first official veto, right? >> yes, it would. lauren: emily larson, thank you so much for joining us today. >> thank you. cheryl: well, more than three quarters of the companies in the s&p 500 have now reported their quarterly results. earnings and revenue have come in above expectations. in fact, about 16% and change. walmart, though, dow component, coming out before the bell today. this is going to include the holidays and update on online presence. let's bring in the chief investment officer nova point. walmart, is this earnings report about walmart or amazon? they were slow to kind of get the grocery business online but now it seems that the positive news could come from the online side of wall r mar walmart and y

business. what are you expecting? >> yeah, i mean, walmart should post low single digit same store sales. they should have had a good holiday season. they continue to be the price leader on grocery, which is great. and yeah, they're still playing catch-up to amazon with e-commerce. but they're coming back to that. they have the two-day shipping if you pay more than $35. you can buy online and pick up in the store. so they're gradually working their way into that e-commerce move. cheryl: it's interesting because we have that big wall street journal report that came out last week that said that, look, amazon's prices, whole foods in particular, that's going to be going up. so that could cree t at create n opportunity for walmart going forward. maybe they'll talk about it in the guidance. you've got an interesting shift. only 83% of walmart shoppers also go to amazon. but that's a decline. so it seems like there's a divergence between the two. is that what you're seeing? >> yeah, i mean, i think for the longest time because walmart didn't have all those online

offerings, folks shopped in person at walmart and they shopped online at amazon. and now that they're both trying to replace the other, amazon's coming more with stores, whether it's whole foods or through the amazon go stores. at the same time, walmart through the acquisition of jet and some internal spending ramped up e-commerce. they're better able to bifurcate the market and own individual consumers. cheryl: jet.com, flip card, all of that will be on tap. i want to move this to this auto tariff story. markets will be looking at this. the commerce department gave president trump a report on sunday with basically we believe serious recommendations about imposing auto tariffs and making it a national emergency. take that piece out of it. that will be debated on the political side. on the business side, isn't it dangerous for us to get into a tit-for-tat with the germans, south koreans and the japanese?

>> absolutely. i don't think auto tariffs benefit any countries or any consumers at this point. that was a study that was requested last may and then in july the u.s. and the e.u. did come to a tentative agreement on working through auto tariffs. i don't think there's any reason for the president to want to go back and retrench and reargue those points. we've moved forward in trade. we moved forward with usmca with mexico and canada. we're moving forward with china now. i think the president's at the point where he's reestablished the u.s. in the world as a credible trade partner, as a trade partner that is going to negotiate hard. it's time to roll up our sleeves and get to work as opposed to just blustering for the sake of bluster. cheryl: to be clear, there's nothing on the books between the u.s. and the europeans and the japanese. none of this is even scheduled at all. we've got to get through. >> charles: and usmca to your point. joe, thank you very much for being here. good to see you. >> thank you. cheryl: you want to be sure to watch "mornings with maria."

the first word on walmart's earnings are going to be coming out today. lauren: let res get to your headlines. democratic presidential candidate and new york senator kirsten gillibrand taking shots at jeff bezos, she said amazon never intended to invest in new york with a second headquarters and she slams bezos for wanting taxpayers to fund his helipad senator elizabeth warren unveiling her new plan, universal child care. >> invest in our babies, invest in our toddlers, invest in our preschoolers, that's an investment that will pay off for generations to come. and by the way, we can pay for it. i've got a way. the ultra millionaire's tax. [ cheering and applause ] lauren: warren says the revenue generated by that wealth tax would pay for universal child care four times over.

the brothers accused of attacking jussie smollett are speaking out. disputing what smollett called a racially t motivated attack. they told chicago police that smote paismollett paid them to e attack. they said this in a statement. we are not racist. we are not homophobic. we are not anti-trump. we were born and raised in chicago and are american citizens. the investigation is still ongoing. the sailor featured in this iconic world war ii photo died at the age of 95. let's show you the photo. there it is. 1945, it shows george mendosa laying a kiss on a woman he never met in times square the day japan surrendered to united states. he said he was over wel overwhen he saw the woman because of the contribution nurses made to the war. cheryl: that photo is the heart

of american history and shows the struggles we went through during world war ii. we've got a lot more coming up this morning. taking a look right now at futures, negative start to your tuesday. we've coming off a three-day holiday weekend. dow down 42, s&p down 4 and three quarters, nasdaq down 5 and a quarter. toys r us trying for a second chance, but does this comeback have a chance? and luke sky walker may need to brush up on his french. >> we'll find them full of surprises. cheryl: how france is acting out its star wars fantasies. we'll be right back. ♪ [star wars theme song] ♪ uh-oh! guess what day it is? guess what day it is! huh...anybody?

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lauren: it's been eight months since toys r us closed its doors. jeffrey is planning a return. is the 70-year-old company being welcomed back with open arms? joining us now is the toy association president and ceo, steve pasier. cheryl: good to have you here. good morning. a lot to talk about. the biggest news, toys r us made a huge announcement in conjunction with the toy fair.

they're coming back as a new company. >> they're coming back as a new company, true kids. they're going to be a business success because their first model is to supply the rest of the toys r us stores around the world that are still in business with private label product. so in china, in can taxer and ce places where toys r us exists, they'll be supplying them and the real opportunity going forward is opening new retail locations in the united states. lauren: what will that look like with the atmosphere changing so much? >> i think it will be a different store from what we remember from our childhood. they'll be a little smaller. one of the challenges for toys r us in the last decade was they were not able to invest in stores because of debt service. so now they have a fresh start, if you will, and they'll be able to build the stores for today's consumers, tomorrow's consumers. they're going to have to get over difficult challenges with some of the manufacturers, obviously, who suffered during the bankruptcy. but any new retail door is a good door and it gets people excited. cheryl: they made some misses

with online sales, i know. let's talk about mattel. this is the strangest story. they had a great holiday season. the next day they dump on wall street they've got a negative forecast or a down forecast for 2019. what happened to barbie and hot wheels? >> barbie and hot wheels did great. somebody made a pretty big error. the good thing about mattel, we looked at what they're coming out with in the coming year, they've really got great products, that will tap into today's mom, the package is part of the play pattern, the package is where you store the toys. they're tapping into play patterns and people's environmental conscience. it will take some time but good people doing good work. lauren: they also own american girl. anybody who has gone into an american girl store, it's a down payment on your house when you leave it. but that brand is struggling. how is that possible? >> all brands change.

this industry's a lot like the fashion industry. you've got to constantly reinvent and be fresh. old trends come back as new trends. if you're not constantly doing that, you suffer for a couple years until you get your feet back. cheryl: you brought in pikachu. its this one of the hot toys? >> this is the intersection of traditional play, no, si no, s e talks and he does the original bpikachu.he's plush, he's enter. he taps into movies. he's no, si nostalgia. he fires on a lot of different cylinders. lauren: plush, licensing. >> exactly. cheryl: thank you so much.

i learned a lot. [ laughter ] >> and watch out for toys r us. he'll be back. lauren: he just made you a lot poorer. >> $34.99. cheryl: still ahead, tennessee losing its number one ranking in college basketball. we're going to tell you who replaced them as the top team. you're going to be surprised. a close call for hockey, one broadcaster proves you can get too close to the action. the video, coming up. ♪ got to get that boom, boom, boom it. ♪ got to get that boom, boom. h ♪ to make you everybody else... ♪ ♪ means to fight the hardest battle, which any human being can fight and never stop. does this sound dismal? it isn't. ♪ ♪ it's the most wonderful life on earth.

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cheryl: welcome back. sunday's daytona 500 not only a win for denny hamlin but also for fox. lauren: jared max is here,

ratings were stronger than last year. >> very good thing for the racing industry because last year drew the lowest number for the day doug daytona 500 since . the race was won by denny hamlin, grew a 5.5 overnight rating, 8% higher than last year. and more importantly for nascar, higher ratings than sunday night's nba all-star game. the all-stars of college basketball, the duke blue devils, third time this season they're ranked number one in the a.p. top 25. gone. >gonzaga is two.virginia third. kentucky is number four. close call last night for an nbc sports hockey announcer, flying right by inside the glass to get the near ice perspective. mcgwire nearly maimed.

he said it's all part of what goegoes on down here. welcome to fencing in the 21st century in france. star wars style. france's fencing federation officially recognizing light saber as a competitive sport. you can hear the noises, because the good ones can make that sound. this is all within fencing. it's with olympic level status like they have for foil or saber. the federation says of the younger generation, they don't do any sport and only exercise with their thumbs. it's difficult to persuade them to do a sport that has no connection with getting off the sofa and playing with one's thumbs. cheryl: that looks fun. lauren: i was trying to figure out why jared max was talking about light sabers. >> it's not a star wars things but why tur not turn it into a sport. cheryl: we just saw dart had dh

vader. cheryl: jared's sports reports, fox news headlines, 24/7, sirius xm channel 11. lauren: coming up, ready, aim, shop. now a new app will soon make your grocery shopping faster and easier. and this '90s cult classic, wearemember this, turns 20. >> i used to be over by the window and i could see the squirrels and they were married. lauren: do you know what it is? how you can own a piece of the -- there it is. did you see that, jared? >> it's pretty funny. i'm a fan. there's some people that go bonkers for this movie. ♪ working 9 to 5, what a way to make a living. ♪ barely getting by. ♪ it's all taking and no giving. ♪ need. great news for anyone wh-

uh uh - i'm the one who delivers the news around here. ♪ liberty mutual has just announced that they can customize your car insurance so that you only pay for what you need. this is phoebe buckley, on location. uh... thanks, phoebe. ♪ only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ we're finally going on the trip i've been promising. . . of our adventure together. unlock savings when you add select hotels to your existing trip. only when you book with expedia.

cheryl: food allergies, those maybe in luck. lauren: tracee tracee carrasco with story. tracee: you can pinpoint items that specifically meet your dietary needs, when shoppers aim at grocery store, highlight items that meet requirements, this is from the swift-tech company, u.s. grocery stores will soon be using this in 6 to 9 months. you will eliminate is this for

my diet. cheryl: we do 2 to 3% online. lauren: we are talking about iconic film and now you can own a little piece of it. tracee: february 19th, 20 at anniversary of the movie office space n honor of the day, swing line is releasing essential red stapler for the first time, just like the lead character who used in the movie. his line, excuse me, i believe you have my stapler. painted a stapler red in the movie. lauren: tracee carrasco, thank

you very much. cheryl: mornings with maria starts right now. maria: happy tuesday, welcome back from long weekend, i'm maria bartiromo, tuesday february 19th, just before 6:00 a.m. at the east coast, back at the table another round of negotiations with china getting underway with washington, plus this taking legal action, 16 states have filed lawsuit against the trump administration for declaring a national emergency to fund the border wall, we have the latest this morning and we will watching earnings, wal-mart reporting earnings ahead of opening bell, we have a look at state of the consumer today. details on elizabeth warren's latest plan to spend the money of the super wealthy, all that coming up right now, mornings with maria begins right now. ♪ ♪

maria: look at stocks, expect today open lower this morning as we are waiting on u.s.-china trade negotiations, what happens next? dow industrials to be down 30 points, s&p 500 down 4 and officials from both sides expecting to resume talks in washington with senior level officials led by u.s. trade representative lighthizer taking place on thursday that's the meeting to watch, joining us to watch wealth portfolio manager michael lee. michael, good to see you. >> good morning. maria: how important is a deal with china and what do you think the market are pricing in at this point? >> so hopefully the market is not expecting some sort of silver bullet or finalized deal any point in