dave there are folks, thank you very much. great stuff today. that does it for "bulls and bears." thank you for watching. we'll see you back here next time. >> i will probably have to be there. it won't be overturned. the legal scholars say it's totally constitutional. it's a border security vote. it's pure and simple. it's a vote for no crime. >> the president rests his declaration on the national emergency act. and that act fails to define precisely what constitutes an emergency. >> i'm going to be voting in favor of the resolution much disapproval. for me it's a constitutional question about the balance of power. this is not about the president or about the border security.

in fact i support border security and the construction of a border barrier. liz: president trump says he's looking forward to his first veto against the senate as republicans plan to block his emergency declaration. this is the first time congress has blocked an knowledge declaration since it was passed in 1976. fake emergency is trending on democrats' twitter accounts. bernie sanders is truly communist. new details emerge being his positions when he first started out in politics in the 1970s. he wanted the government to seize control of major industries, including telephone and energy industries.

we'll bring you an update on the biggest college admissions cheating scandal. one student demanding half a trillion in damages. they are saying the whole university system is egregiously unfair and tilted. one suited claims th the degrees no longer worth it because of the scandal. do they have grounds for a suit? this as hallmark cuts ties with across trestle lori loughlin. and sephora is cutting ties with her daughter, too. a shocker from beto o'rourke. he has to remind voters he's a capitalist. is it look more and more like there is a rising democrat backlash to socialism?

lawmakers threatening hearings. pilots angry. want to go know why these planes weren't grounded sooner. pilots also want to know why boeing training manuals are so poor. boeing stock is a powerful marker on the dow. boeing says it's going to put the sale of those planes on par. i'm elizabeth macdonald. thanks for joining us. "the evening edit" starts right now. [♪] liz: let's get right to chad pergram on capitol hill with the latest on this vote. it was an historic rebuke of president trump. >> this tees up the president's first veto.

the vote was 59-41. all democrats voted in favor of ending the national emergency, and they were joined by 12 senate republicans. thom tillis faces a challenging reelection in a swing state of north carolina. he had been in favor of ending the national emergency then changed his position at the end. we are told the president is likely to veto the bill tomorrow. and the house of representatives, he doesn't have the votes to successfully override the president. that has only happened 111 times in congressional history. that will happen on the 26th ofof march. they are going to go through the process here. house speaker nancy pelosi indicates she wants to get the house of representatives on the

record saying they are against this national emergency, and that's how they are going to do it. there was concern going through the process and having an override vote would be bad for swing democrats, moderate and freshmen from these battleground districts. they are the reason the democrats won control of the house of representatives. they are still going to go through with this. keep in mind house republicans went through the process to repeal obama care after president trump vetoes their repeal in 2016. house speaker paul ryan indicated he wanted to go through the process. liz: here's the story of the evening. will the 12 republican senators voting against the president's national knowledge? will they get hurt at the ballot

box? the president says he'll not forget this when it comes to fundraising. here is a tweet by the president. this as a frustrated union for i.c.e., border patrol officials. they are saying thousands of illegals being released even mass into the united states to make room for more border crossers including a previously known gang member. he's accused of viciously stabbing and beating to death a wofnlg and inside her home in northern california. thought and prayers don't kit anymore. that's not enough for victims' families like this one. >> you are totally right. this is a travesty what happened

to this woman by an illegal alien murdering an innocent woman. this insanity has to stop. i support president trump. there is an emergency at our border. there is thousands and thousands of people and families flooding over our border. i am from arizona. i met with secretary nielsen just this week a couple times. this is an emergency. we need to stop it. and i support the president. liz: dan coats, the direct of national intelligence says what is happening south of the border is a national emergency. do you think this will hurt the republican senators that voted against the president here? >> i don't know if it will hurt the senators or not. obviously everyone has to vote their conscience. you said nancy pelosi will put this up for a vote. i know i'm going support the

president of the united states. i know there is an emergency at the border. our number one job in the u.s. congress is to protect the people in the united states. this is exactly what the president is doing. liz: the supreme court ruled in 1993 the president does not have to return to congress to reprogram already appropriated money. the gao backs him up on that. presidents have declared national emergencies. an annualized one million people expected to cost. 76,000 tried to cross just last month. 10,000 children trafficked into the country. on and on. your take on that? >> you are right. this is a national emergency. other president the have declared national emergencies in the past. this probably will be battled

out in court. i think the president is going to win. and ultimately the nation is going to win. part of the solution to securing the border at the southwest border is a ferns. it's not the entire solution. and the president has never said that. but it's part of the solution. and unfortunately, congress has not gotten its act together and changed immigration laws to slow down this flow of illegal immigration so the president is doing what he has to do to protect the nation, to declare a national emergency so he can started building this border faster. liz: here is why the border officials, the men and women working to protects the border. they say it drects the flow of people towards ports much entry where that's -- ports of entry where that many guard and you can catch the problems at the

ports of entry. >> that's exactly right. i talked to secretary nielsen. that's exactly what she has said it's part of the solution. i asked her straight out. if we have an emergency at the southern border and she answered yes. these are from herself who are very versed in this. the agents on the ground to see the day in and difficult out. they know there -- day in and day out. they know there is an emergency and they are supportive of the president. liz: the dow has a flats line kind of a day. it's the second day of gains. gerri willis is at the big board with more. >> the market mixed tonight. the nasdaq down 12. all eyes on facebook. the "new york times" reported the facebook data deals are under criminal investigation.

the company says we are cooperating with investigators. other facebook news. one of the longest running outages of what's app. chris cox is out, so a big executive level change there in other news, johnsonen johnson is out after a california jury awarded a plaintiff $29 million. she claims j & j's powder gave her cancer. boeing shares, this week much course the administration grounding the 737 max jet. liz: a so-called bomb cyclone of snow and wind hitting the united states. we'll show you how it's

affecting airports. and boeing is a strong driver of the dow. it lost $30 billion in market value since the crash of that ethiopia airlines jet. you won't believe what's coming up. stay there.

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liz: more flights canceled after the faa grounds 737 max airplanes. reporter: double-barrel punch to the travel system. i take you to the departure boards. that's cancellation and delay. there are thousands of each

across the system today. part lire as a result of that bomb cyclone, and partly as a result of the grounding of the 737s. first to that, and that is the latest from southwest airlines which is the biggest customer of the 737 maxes. take a look at what eric said today. our experience the max has been phenomenal. we operated 40,000 flights covering almost 90,000 hours. he says he realizes this may disresult customers curing the busy spring travel season. they are taking flights that had

not been 737 maxes and canceling them to transfer other flights over. houston to san diego was scheduled to be a max 9 aircraft. they canceled another flight and brought in the 737 900 series. bottom lines, if you are scheduled to go somewhere on united, southwest or american. even if you are on a max 9 and that's not flying, they may have another plane to membership you. the other problem, the huge weather system, the bomb cyclone, it caused a mess with travel. thousands of flights canceled in denver, 1,300 cancellations. another thousand or so delayed. a thousand drivers stranded in colorado. that's always a challenge to the

air traffic control system. it's makes it hard to tell which flights were cancelled because of the 737 grounding and which were just weather. we'll see how long this problems with the 737 grounding keep. but i think it's small price to pay when it comes to safety with the american public and travel. liz: shares in boeing nearly triples since 2016. they are stuck with $600 billion worth of these planes. boeing is delaying delivery of these planes. boeing has likely lost $30 billion in market value. let's break it down with retired faa inspector.

>> i think it's unfortunate that it's gotten political now for the -- for the effect time since the faa was found. congress and the president has taken over and forced the faa to couple with regulations. liz: the pilots are saying boeing put out poor training manuals on the 737 max planes. and the pilot of the ethiopian flight reported control problems shortly after takeoff. the pilots are upset. your take on the pilots being frustrated. >> the training they got on this airplane was probably done live it wasn't done in a simulator. a lot of that training didn't

come about until after the lion air crash. so the pilots were not really aware of the system. by the operates in the background it's a system that's designed to prevent stalling. liz: when they get on the so-called joy stick the pie lose we are hearing were having real trouble with it. we want tough oversight. the we have the last time we had a big crash, 2009 in buffalo. that's the same year captain sully landed in the hudson river. it's about the pilots being comfortable. >> it is. it relates to a training issue. we don't know what kind of training the foreign carriers do. we hope they do good training.

the faa ground these airplanes as a result of new data they received. that data compared the ethiopian air and lion air flights. and they were very similar. that would indicate to me -- i am not going to speculate -- it looked the same. if the pilots don't follow the memory items in the correct order it will pitch and down just like it happened. if they follow the checklist correctly like the flight immediately before the lion air crash. had the same thing happen. but the pilots took care of it and turns off the system and flight to the destination. a new crew took over the next day it was repaired supposedly and they didn't follow the checklist apparently. we have to let our professionals

and the faa and ntsb find out what's going on. for me to say anything definitive would be total speculation. liz: you did give great insight and perspective. that's significant what you just said, walk us through what happened with these planes. come back soon. >> okay, thank you very much. liz: we have more headlines coming in very fast. there is a lot of reaction in the begun industry. it has been hit with a big setback. connecticut's top court reinstated a wrongful death lawsuit against remington. it was a gun used in the sandy hook shooting. take a look at this frightening video. we are hearing it was one of 40 big rigs knocked around by

dangerous wind gusts up to 75 miles an hour in amarillo in northern texas. no major injuries reported in the tipping over of that truck. if you are thinking about buying new car or you are just a big james bond fan. toyota filed for a patent for an anti-robbery patent that fires off tear gains side your car if the thief tries to steal it. what happens if your teenaged child on a la takers it out. it could release a fragrant scent that you like. something nuke new car fragrance. indianafragrance. nasa reportedly willing to use a

commercial rocket instead of its own for the moon voyage in june of next year. two americans and one russian astronaut blasting off. they are heading toward the international space station. they are riding into orbit on board a russian soyuz rocket. more fallout from the college admissions scandal. hallmark is getting rid of the actress, lori loughlin, and her daughter is getting cut off from her ties with sephora. the deadline for britain to leave the e.u. fast approaching. we have details coming up next.

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liz: we have breaking news.

a few minutes ago, president trump said there could be a trade deal with china by mid-april. watch. president trump: we'll have news on china one way other other, we'll know the next three to four weeks. if that one gets done, it's something we'll be talking about for a long time. we have been taken advantage of for a long time. now i think china frankly is -- they have been very responsible and very reasonable. let's see what happens. liz: let's get to another trading partner. the u.k. british lawmakers voted to delay britain's exit from the e.u. just 15 days before u.k. is scheduled to leave on march 29. reporter: british lawmakers by

210 votes overwhelmingly agreed to delay britain's exit from the european union. two previous attempts have resulted in humiliating defeat. the prime minister will ask for an extension to the 30th. theresa may was not in parliament when the vote was taken. but president trump weighed in earlier and said he was surprised by how badly the brexit negotiations were going. president trump: i gave the prime minister my ideas how to negotiate it. she didn't listen to that. and that's fine. but i think it could have been negotiated in different manner.

i don't think another vote would be possible. it would be unfair to the people that won. reporter: he says he looks forward to expanding trade between u.s. and the u.k. once brexit is decided. liz: joining me on the phone is the vice chairman. what do you think? >> no question, she should have listened to your president. as a businessman he understands that. our prime minister has been utterly clueless in this negotiation and she basically has been working on the basis that brexit means remain. it doesn't mean leave as the vote determined.

having done that yesterday, they then compounded their mistake by tonight voting to extent the leaving date. but to do that they have to make a request to the european union hop surprise surprise will ask for onerous conditions in exchange. liz: british officials have been telling us there is so much frustration with the lawmakers in great britain acting like the world is going to end tomorrow. when president trump touted a trade deal with the u.k., saying my administration looks forward to a trade deal with the u.k. and he was sitting next to the prime minister of ireland who said trade with the e.u. is good. do british lawmakers understand

what president trump is saying here? >> regrettably they don't. and the prime minister has been lying to lawmakers and british people. she says if a deal is signed, we can do trade deals. we can't. we would be restricted under the rules. we wouldn't be able to do new trade deals. it's an extraordinary situation. the mood of the people, the mood of the country, the united kingdom is let's just leave. let's leave on the 29th of march. unfortunately the confidence that the people have isn't shared by the lawmakers who don't seem to believe in britain. liz: richard, i'm sorry we have such a short amount of time with you. next on the "evening edit" the legal fallout from the biggest

cheating scandal. can they win in court with the lawsuits? one is asking for half a trillion against 45 people of, including felicity huffman and lori loughlin and connecticut coaches. a court ruled remington can be sued over how it marketed the rifle used in the sandy hook elementary school in 2012. ♪ (butcher) we both know you're not just looking for pork chops.

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liz: a parent just filed a half a trillion dollar civil suit in san francisco. accusing 45 defendants of

defrauding and causing emotional distress to her son. she says they ruined his and other students' chances of getting into college. the defendants are actresses lori loughlin and felicity huffman. a university student suing 8 universities including usc, georgetown, stanford and yale, saying they denied a fair opportunity in their admissions and their degree is cheapened as a result. do they have standing to sue? >> extremely interesting situation overall. bill bennett, the former education secretary said we always had connections with

elite schools. but this is a total different situation. the criminal case is more straightforward than civil cases. in a criminal case if you can prove coaches were bribed and falsely told with knowledge soen so is -- so and so is an athlete, that's a crime. if they changed test scores, the same concept. if somebody took a test forr for somebody else, that's a crime. civil lawsuit. i'm rejected from yale. i sue yale and say you rejected me and you took somebody in on false information. but i have to establish that that person's seat is linked to me. that's going to be very hard to do. but i can always make up the example that works. you could have an email that

says joe burns and gregg smith gets in. liz: at the universities at risk here because of the discovery process? >> absolutely. liz: the "wall street journal" says the scandal awrkts sc is systemic. >> that's the key. here is the thing. a, two issues. they said 700 families are involved in this case. two, more systemic which goes to the original point i was discussing. a family gives a million dollars, their name is on a building. liz: in discovery they can go after emails and all sorts of information. >> emails, text messages, phone calls if they were wiretapped. i heard somebody indicate william rick singer was caught on a wiretap. he started tape-recording

everybody. in the civil case it's going to be hard to establish that i didn't get in specifically as a result of that person's seat. damages, think about that. liz: did my degree get cheaper in value? but they could prove the application fees. they lost money. >> i heard that. i paid $400 to apply to that school. that's clearly damages. but the suit for half a billion. you will never be able to establish anything in that have it. but the point is, the devaluing of a degree is very weak. i go to stanford instead of yale. villanova instead of yale. people will think i misspoke. i get into stanford people will think i got in falsely.

liz: let's switch gears to the remington case. saying this case has standing for the people suing there. >> that's always been very controversial because the point is, you talk about established liability for a gun maker. then you get into the guns don't kill people, people kill people. liz: the supreme court is saying the marketing for there is gun glorified it and made it attractive to young people. >> that's why they turned around and said you can get past the preliminary stage and go forward. liz: will you come back and talk to us about that. i wish i had more time. you are great, doug burns. thank you very much. we just told you about the legal fallout under way in the college sheeting scandal. we'll break down how we got here

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biggest college admissions fraud ever prosecuted. celebs and wealthy parents allegedly paying tens of millions of dollars to get their kids into elite universities. this affirmative action for the wealthy. we wanted to have you you back on. the "wall street journal" saying the usc case looks systemic. >> as the journal editorial page said today, the universities are not completely innocent in all of this. but i would start with remembering there is already so much wrong with the admissions process. a lot of these parents probably convince themselves they found one more loophole. the idea of merit, just pure scholarship, pure academic merit went out a long time ago. part of the problem was these

schools and the language in our culture was if you do really well academically, you somehow are a product of privilege. so therefore we can't accept everybody who is a product of privilege. we have to start vetting for things like gender and race and, you know, geography and all kinds of things so we can get this diversity we are seek. so that political goal kind of toy sooned what should have been just her -- kind of poisoned what should have been just merit. liz: if they are unindicted co-conspirators, maybe. >> it's hard to believe a lot of this nonsense that went on, particularly with respect to the athletic department. really? all that happened? all this money was slushing around and the university didn't

know by the? this sailing coach from stanford said i take the money myself, i put it toward better sailing equipment. somebody had to say where is this money coming from. it's a fail university system to create best practices. liz: one in four universities one study showed they have no republican pro feelsors and the asian students are suing harvard for bias. >> it's an extremely politicized environment. one thing i find humorous about this. how did these kids when they got into the school, how did they manage to keep up? it says something about what are the standards once you get into the school. if you are really just cheating

on your s.a.t.s and there are a whole bunch of people that would get in ahead of you, presumably you wouldn't be able to keep up. liz: it feels like the schools are about social engineering. >> as i said to a young person i knee when she asked me a question about latin america, i said would you like to know the truth or would you like to get an a? liz: what was the answer? >> an a. liz: coming up. the war on socialism, the war on capitalism. the democrats who want to be president are caught in the middle of this fight. beto o'rourke is reminding voters he's a capitalist and bernie sanders is more communist than you may realize coming up.

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>> well, beto o'rourke making it official he is running raising eyebrows for the wrong reason. reminding everybody yes he is a capitalist. that's where the countries at payless bring in a health contributor, we have to remind everyone he's a capitalist. >> that's how extreme the democrats got at this point. but it is true that his policy positions put into the right of many of his opponents like ernie and elizabeth warren ended that he will try to embrace his seemingly centrist position. but i actually do not think that he should be underestimated in this race. i have to tell you liz, i was in texas during the 2018 midterms. i have never seen such excitement for a democrat and blood red texas as i did surrounding beto. if he decides to position himself as a moderate i think he can do pretty well with

working-class democrats. he could even bring some of those blue dad dems back under the umbrella.>> he says will have six years to fix climate change.we will watch and see how it goes. i wanted to bernie sanders. cnn occurring in the 1970s bernie sanders wanted to nationalize. he wanted the government to take over most of america's industries. he wanted the government to run the energy industry, to take over the banks, phone companies, utilities, drug companies and olfactory spindles wanted to outlaw well say no one should earn more than $1 million. your reaction, kristin? >> is kind of interesting because this is exactly what venezuela did in the 1990s and it didn't work out too well for them. so let's hope bernie has learned from history but sadly, i don't think he has. with even more frightening as i do not think that he these comments of his will hurt him with his base. they're fully sold in socialism. but if bernie does get the nomination, these kinds of comments and viewpoints will backfire enormously with the

general voting population. i mean, working-class americans are terrified of this kind of rhetoric. >> because another middle-class taxes will have to go to pay for the programs. he has yet to denounce nicolas maduro as a dictator. the advocated 100 percent taxes on the upper bracket saying you should not make more than what you can spend in a lifetime. yet, the government should stop that. that was his position, kristin. in the early 70s. >> it is so extreme and this is so rich coming from a man who now owns three properties, one of which is a $600,000 lakefront property. but this is what the far left wingers have become. you know, they discovered the soundbites of free stuff and greedy businesses are an easy way to galvanize low information voters. but again, i really don't think

that this line of rhetoric will work in a general election. >> kristin tate, we love having on. come back soon. >> thank you so much. >> thank you for having us in your home. thank you for watching. lou dobbs is next right here on the fox business network. have a good evening. lou: good evening everybody. our top stories, 12 rinos in the senate joined radical dimms to block the president emergency declaration. the effect of the rino votes against president trump as all 12 of them on the side of radical dimms in favor of open borders, unrestrained illegal immigration, deadly drugs and sex trafficking. president trump vows to secure the southern border. and to defend america and americans. >> under legal scholars they all say it's totally constitutional. it's very important, the border