"special report" is next. the 2016 campaign. go it almost alone. donald trump$ hires and delegates. and no more mr. nice guy from bernie sanders. this is "special report." ♪ ♪ >> good evening, welcome to washington. i'm bret baier. we are seeing some very real changes in the presidential campaigns tonight. of the civility in the bernie sanders, hillary clinton race is disappearing, seemingly by the hour. not only has bernie sanders taken off the rhetorical gloves. it appears he is putting on some brass knuckles. chief white house correspondent ed henry has the tale of the tape. >> while hillary clinton and

bernie sanders have been boasting that their battle is far more high minded and less negative than the republican sparring match today the democrats broken into open warfare over who is qualified for president and who is not. >> maybe the american people might wonder about your!3 qualifications, madam secretary, when you voted for the war in iraq, the most disastrous foreign policy blunder. >> it's a silly thing to say but i'm going to trust the voters of new york who know me. >> as she rode the new york city subway today clinton tried to take the high road after helping to spark the fight by refusing wednesday to directly answer whether sanders is qualified to be president. >> well, i think he hasn't done his homework and he has been talking for more than a year about doing things that he obviously hadn't really studied or understood. >> then, on wednesday night, sanders escalated the spat. >> i don't think that you are qualified if you get $15 million from wall street

to you that your super pac. [cheers] >> clinton allies quickly fired back. senator barbara boxer tweeting, quote: bernie's attack on @ hillary clinton tonight is beq! him. she is the most qualified person to ever run for potus. >> despite the outrage it turns out if you rewind the tape to 2008 both hillary clinton and her husband suggested then senator barack obama was not qualified to be president. >> i have said that senator mccain will bring a lifetime of experience to the campaign. i will bring a lifetime of experience and senator obama will bring a speech that he gave in 2002. >> give me a break. this whole thing is the biggest fairy tale i have ever seen it? >> might seem like a fairy tale for hillary clinton to be riding the subway to try to connect with regular voters since she rarely goes through the turn styles and hasn't driven a car in years. >> i love it because it's so convenient. best way to get around. >> that was an effort to poke sanders who got tripped

up when he every man. >> he says he uses tokens on the sunway even though they were used by metro card. >> token? >> wrong. except clinton's slam had less impact when she struggled anz didn't appear too familiar with the metro card. while yesterday in philadelphia, a hot mike caught her fretting about an enthusiasm gaffe with her crowds. >> we got to get the energy going. >> now the clinton camp is particularly upset when cbs news pressed sanders tell cbs families apologize not be able to sue gun manufacturers. clinton might want to apologize to the family members who lost loved ones in iraq. this shows you bottom line they have to figure out#q a way to come together. whoever wins the nomination is going to need the other in the general. >> when the subway become part of the campaign you know. >>this is getting bad. >> he ed, thanks. >> good to see. >> you bill clinton is back on the stump for his wife. and today the former president ran into complications.

clinton's address in philadelphia was repeatedly interrupted by audience members shouting black lives matter. and at one point he had had enough. >> i don't know how you would characterize the gang leaders who got 13-year-old kids hopped up on crack and sent them to the street to murder other african-american children. maybe you thought they were t-[cheers]ens, she didn't. >> she didn't. you are defending the people who kill lives in the same manner. tell the truth. >> also today, president clinton had another comment that could be interpreted as another dig against president obama, quote: up like when i became president, a lot of things are coming apart around the world now. >> donald trump, who recently said he consulted himself on foreign policy ism=qr expanding his domestic political team tonight. trump appears to be taking more seriously the delicate and complicated task of winning delegates, not just

votes and holding off increasingly strong challenge from senator ted cruz. senior national correspondent john roberts is in brooklyn tonight with republicans jockeying for position ahead of the new york primary. >> running a distant third in the new york polls ted cruz today courted religious voters making matso. visiting a christian academy in the upstate. remindings voters donald trump once rubbed elbows with elite liberals. >> now, our friends in thezh media tell us that donald trump is unstoppable in new york state. [crowd booing] oddly enough, our friends in the media are very comfortable with the uncomfortable liberal who hasrew cuomo and hillary clinton and chuck schumer. [crowd booing] >> for decades. >> the appeal to religious conservatives won't win a landslide. a tiny 8% of new york voters

identify as evangelical and most jews in new york identify as democrats. what cruz is doing is trying to keep trump below 50% in new york. the threshold at which he could take home all 95 delegates. but cruz has run into a buzz saw of criticism over what he said at the south carolina debate about new york values.2%7(p&c @&c@ including this new ad from the kasich campaign. >> i think most people know exactly what new york values are. >> and i have got to say they are not iowa values and they are not new hampshire values. >> everyone knows what new york values are. >> ted cruz divides to get a vote. john kasich unites to get things done. >> kasich is campaigning hard here. encouraged by new polls in nearby pennsylvania that show he is the only republican who beats bernie sanders and÷ buries hillary clinton. a fact kasich believes delegate also keep in mind come july. >> everybody now knows we are going to a convention. and at a convention delegates are going to examine who can win in the fall. i'm the only one that can win in the fall.

>> unbelievable. >> with his path to collect a majority of delegates before the convention decided to make his unconventional campaign a little more mainstream. he has appointed paul metafor who engineered president ford's 1976 victory over ronald reagan to head up a new d.c. office. the campaign will hold regular meetings with supporters at capitol hill and will soon be adding a number of seasoned operatives to beef up staff for the final push to california. >> sources close to the trump campaign tell me for in trump to start hiring washington insiders is a sign that the type of uncob conventional campaign has been running can only take him so far. trump has been bleeding delegates to ted cruz and need to do stop the flow. the open question though how will the gritty team in new york get along with the establishment folks in washington? bret? >> john, thank you. coming up this1, weekend a fox news reporting lock at the unconventional campaign of donald trump. john roberts traveled with

the candidate to chicago. known as the windy city. it should not be a surprise. that's where trump's campaign ran into a real cyclone. here's a look. >> we want trump. >> the candidates that inspired such enthusiasm among his supporters also stirred hostility in almost equal measure. among those who opposed him, an all star leftist activism bill ayers. >> trump has galvanized a feeling that there is something loose in the land, and that's something dangerous. and it's absolutely anti--american and it has to be approached. >> in chicago trump protesters were so well organized, so determined to disrupt, that trump did something unique for him. he backed off and cancelled the event. >> fox news reporting donald trump a disrupter premiers at 8:00 p.m. saturday and repeats sunday 8:00 p.m. and 10:00 p.m. president obama may be preparing for one of his

most audacious moves yet. in expanding his own power and working around congress. it involves making people in this country who are here illegally eligible for paid for by you, the legal[z taxpayer. chief washington correspondent james rosen lays it all out for us tonight. >> later this month, the supreme court will hear oral argue. s in u.s. v. texas in which 26 states are challenging the executive orders that president obama issued in late 2014 union at that time earlily expanding the number of members up to 4 million of them who can be shielded from deportation under a policy called deferred action. >> they support their families. they worship at our churches. >> at the time the president promised that these undocumented workers, as he called them, would not be placed on the same legal footing as american citizens. >> not grant citizenship or the right to stay here permanently or offer the same benefits that citizens receive. only congress can do that. >> and at one point this group was barred from enrolling in medicaid andxtqijt.

yet, now the president claimsé]ñ these immigrants known as nonqualified aliens enjoy a lawful presence in the u.s. have a right to seek out work, and,thus, can receive ltit in a supreme court brief filed last month, mr. obama's solicitor general argued, quote: a nonqualified alien is not categorically barred from participating in certain earned benefit programs associated with lawfully working in the united states. the social security retirement and disability. medicare and railroad worker programs. so long as the alien is lawfully present in the united states as determined by the homeland security secretary. >> the president has, by executive fiat, tried to unilaterally rewrite our nation's immigration laws. all of a sudden the people who are here illegally they wake up every day continuing to violateá(hñçu%ñ nation's immigration laws are being afforded, in many cases, more benefits than lawful citizens get. >> broader issues in u.s. v.

texas involve the limits of executive authority and whether states can sue the federal government for not enforcing a federal law. >> it's the president's decision to defer removal. after that, it's really what congress has passed that kicks in to determine whether people who are here with that deferred action then get certain benefits or work authorizations. >> the vacancy created by the death of justice antonin scalia complicates the how the high court will rule. a decision is expected by late june or early july. bret? >> more on this with the panel. speaking of immigration now, the men and women whose jobs are to protect the southern border do not often get a chance to tell you what they would do to make it more secure. tonight, we hear fromy4 them. here is national correspondent william la jeunesse. >> there is a hoard of them. >> across deserts, mountains, even a river, over, under, and through a steel fence, nothing has stopped illegal immigration. >> one person makes the stand of we need a wall. we need a wall. you never bother asking agents what alll8 do wex5]ç nee?

>> we did. >> does it make sense to wall the entire border? >> to build one wall may not be feasible just because of the environmental conditions we face. because of wildlife and floods not realistic. installing a steel fence where you can is a good start. >> the fence protects the agents. it gist them -- lowers their risk and gives us time to respond to illegal activity. >> ground censors, cameras and radar towers then help the agents locate and arrest the illegal immigrants. >> what the fence does in urban area, it provides us the opportunity to detect that traffic and be able to respond to that traffic. >> this bill will help protect the american people. this bill will make our borders more secure. >> 2006 secure fence act mandate add 700-mile double8; layered fence but a roughly $6 million a mile, homeland security ran out of money,completing only

36 miles. currently the agency says it supports 350 miles of single layer pedestrian fence and 300 miles of vehicle barrier. leaving 1300 miles of border largely unrestricted. >> all we have to do to get into the united states is simply crawl through the fence. >> outside know nogalis. >> our border fence is four strands of barb wire, easily gone over, easily crawled under. and that's what they do. >> agents say a reinforced fence or wall, no matter how tall is meaningless, unless they also have the cameras access roads, and agents to back it up. bret? >> william, thank you. the tension is increasing between refugees in greece and authorities, keeping them this camps and preparing to send them back to turkey. scuffles broke out today at a camp on the border with macedonia. officials are giving refugees two weeks to move

to army-built facilities voluntarily or be expelled by force. isis terrorists are being blamed for a mass abduction of 300 cement workers and contractors from their job%i site. northeast of da'da mass can you say, syria. that attack comes as rebel fighters rested control of border town from isis, potentially undermining the group's supply lines. ominous message from top commanders. u.s. armed forces are in trouble. that means you could be in trouble, too. national security correspondent jennifer griffin explains tonight from the pentagon. >> a shot across the bough from the army chief as he assessed the current state of the military, as a result of continued budget cuts. >> general mille, you, in your statements, you made it very clear, are we at high military risk? >> senator, yes, i characterize us at this current state at high

military risk. >> 190,000 u.s. soldiers are currently deployed countries around the/óftworld. the threat of isis is spreading from the middle east to knot africa, russia and china's militaries are expanding and north korea and iran remain unpredictable. >> if one or more possible unforeseen contingencies happen then the u.s. army risks not having ready forces avisible options to our national leadership and most importantly we risk incurring significantlyiz increased u.s. tragedies. >> two thirds are not ready to defend this nation immediately in time of crisis? >> that's correct. they would require some amount of time to bring them up to a satisfactory status to deploy into combat. >> at the pentagon a briefing by the u.s. commander in charge of africa operations indicated once a libyan government is formed and functioning, the u.s. military may be ask to do conduct air strikes against an expanding isis threat and a growing number of isis fighters. >> in libya, the u.s.

intelligence community has said it's around 4,000 to 6,000. it is probably about doubled in the last 12 to 18 months. based onut what their seaments were assessments were last year. >> the pentagon is weighing whether to deploy more troops to iraq. expect more artillery bases to cover as regear to take isis strong hold mosul. near the front lines, u.s. marines are now firing artillery almost every day. >> jennifer griffin at the pentagon. jennifer, thank you. up next, president obama gets taken to school. first here is what some of our fox affiliates around the country are covering tonight. fox 59 in indianapolis as the aclu files a lawsuit on behalf of planned parenthood seeking to overturn indiana's new abortion law it prevents women from having abortions do to genetic abnormalities or on the basis of gender or race. the aclu says that is

unconstitutional. 213 fox in seattle with the man hunt for one of two men who escaped from a psychiatric facility in western washington. 58-year-old mark adams was row captured this morning. 28-year-old anthony garver still on the loose. he was arrested for murder but found not competent to stand trial. this is a live look at salt lake city frommk our affiliate out there fox 13. beautiful site. one of the big stories there tonight. the return of one of the missionaries injured in the brussels terror attacks. 20-year-old joseph empy will be treated for burns at the utah hospital. he is one of four missionaries hurt in the airport bombing. that's tonight's live look outside the beltway from "special report." we'll be right back.

he took the campaign for his supreme court nominee back to the university of chicago law school. correspondent kevin cork is at the white house to show us how it went. >> reporter: for president obama, today's remarks at the university of chicago were less about the scholarly pursuits of constitutional law than they were an overt attempt to try to shame senate republicans into giving his supreme court nominee, chief judge merrick garland, a confirmation hearing. >> not only are they not willing to hold a vote at this point,

they have refused to hold hearings on judge garland. and in some cases, mitch mcconnell and others have said we will not even show the courtesy of meeting with the judge to find out what he thinks. >> reporter: the president choosing the school where he taught constitutional law as the very backdrop to make the case that garland deserves an up or down vote. meanwhile, for garland, his time on capitol hill of late has seemed a lot like standing on a beach during a rainstorm. wave after wave after wave of meet-and-greets with senators, fitting for a nominee whose possible confirmation to the high court remains the epicenter of a raging political storm. >> i regret for the sake of this very good and decent man that he and the judiciary have been dragged into the muck and quack miles an ho -- quagmire of partisan politics. >> reporter: but mitch mcconnell says the process is political,

which is no matter what tesiden budging. >> i'm sure he'll continue to demand washington spend its time fighting on one issue where we don't agree, rather than working together on issues where we do. >> reporter: next week, garland is expected to meet with a host of gop senators, including ayotte of new hampshire, portman of ohio, flake of arizona. but none bigger than his breakfast tuesday with chuck grassley of iowa. he's the chairman of the senate judiciary committee. and the number of gop leaders continues to grow. those that say they will now meet with chief judge garland. we learned that south carolina senator lindsey graham will meet with the senator next week. but without the support of grassley and mcconnell, they may be wasting their time. >> kevin, thank you. senate democrats are blocking the confirmation process for two of president obama's nominees to the securities and exchange commission. several democratic members of the banking committee are taking

the stand because nominees lisa fairfax and hester purse have waffled in their positions on requiring publicly traded companies to disclose political spending. the dow lost 174 today, the s&p 500 was down 25, the nasdaq down 72. just how did the fbi break into a terrorist's cell phone? we have some new information for you.

we are learning more tonight about how the fbi was able to crack the encryption on a smart phone belonging to one of the san bernardino shooters who massacred 14 people last december. chief intelligence correspondent catherine herridge is here to tell us what we know. good evening, catherine.

>> thank you, bret. speaking at ohio's kenyon college the fbi director james comey confirmed for the first time the bureau bought the technology that opened the san bernardino iphone that belonged to terrorist syed farook along with his wife tashfeen the two killed 14 and injured 22 others when they opened fire on a state run facility for the disabled. apple's concerns about unlocking faruk's iphone were unfounded. >> it is simply notd÷ that if apple wrote software for the killer's phone it would inevitably be at catastrophic risk. any more than we are all atñqp5 catastrophic risk now that the government has purchased a tool that allows court authorized access to the phone. >> a law enforcement source told fox news the came from an outside contractor and it exploits the vulnerability soiber experts call zero day because it's unknown to the your. the question and answer session, comey emphasized there are significant

consequences if the data is used in court to prosecute terrorists and the technology only works on the iphone 5 c. >> if we decide not to disclose it to apple, it's still quite perishable and it will disappear if apple changes its software in some way it will also disappear if we use it in a criminal case and it has to be disclosed. >> as early as this week, the republican chairman of the senate intelligence committee richard burr and ranking member dianne feinstein are expect to do introduce draft legislation that would give judges more power to forceut!ñ companies like apple to unlock data. asking if the white house is publicly backing away from spawrgt the bill. a spokesman would not commit either way today adding the issue is complicated, quote, our position on encryption is well known. we support strong encryption. the president has said there is benefit to a national dialogue and one that is not just specific to the encryption issue but a broader discussion of the issues relate to do terrorist's use of social

media >> catherine, thank you. >> you are welcome. >> officials in belgium are asking for the public's help in tracking down one of the suspects from last month's thai attacks in belgium. the latest now from senior foreign affairs correspondent greg palkot. >> you are looking at a terror suspect on the move. he is the so-called the hat. seen with two other suicide bombers before the brussels airport attack. new surveillance video released today by bell belgian authorities is he seen leaving before during and after his accomplice's bomb went off. his bomb failed to detonate. we see him walking casually past people and then we see him running. more than two weeks after the terror along with the metro bombing left 32 people dead. the suspect is still on the run. police need help. >> we especially appeal to people who might have taken a photograph of the suspect or link they2! can provide information on this issue. >> at

without his jacket. police are asked if anyone has found that they track him for two hours as he goes into brussels, losing his trail near the score beck area. new information does seem to knicks a theory the man was also involved in a metro bombing which means there could be another suspect on the run. and probably won't put to rest criticism of belgium handling of this and other terror cases there was another hearing today for paris attack suspect sal la abdeslam. he was arrested days before the brussels bombings. authorities have more questions. possibly about his role in the latest carnage before he faces french charges. and the europe wide hunt for isis continues. fouj terrorist suspects arrested in denmark. weaponsypg[ç and ammunition foud at the scene ready for more trouble. bret? >> greg palkot live in london. greg, thanks. the democratic presidential race gets nastier while donald trump is trying to play it all smarter.

we will get reaction from the panel when we come back.

in iowa, ted cruz sneered at our new york values. >> i think most people know what new york values are. i have got to say they are not iowa values and they are not new hampshire values. everyone understands that the values in new york city media. >> i saw something that no place on earth could have handled more beautifully, more humanely than new york. >> the people of new york know exactly what those values are. they are the values of liberal democraticm politicians like andrew cuomo, like anthony weiner, like eliot spitzer. if you want to know what liberal democratic values are, follow donald trump's checkbook. >> well, new york values in two ads and then you hear senator cruz's response. this is a new associated press poll is out.

this is nationally now. take a look at this. favorability ratings first of all. and there you see hillary clinton unfavorable. and cruz and trump, and they are high numbers there, 26, 59, 26, a 9. take a look at this hillary clinton hillary clinton certainty definitely vote for and this is nationally again this is voters 1076 polled would definitely not take a look at ted cruz that number going up. definitely not vote for 55%. and donald trump would definitely vote for 16%, would definitely not vote for, would not vote for, 63%. this is the background nationally, you are looking at. meanwhile the battle now is in new york where trump is up big, at least according to the recent polls. let's bring in our panel judge andrew napolitano fox news jean senior judicial analyst marah liasson and syndicated columnist charles krauthammer. this is nationally marah, but it is still striking to

see these candidates with the unfavorables. >> we have never seen a worst hold your nose election than this one is shaping up to be. it's really extraordinary. we have never had candidates with as high negatives as these people have. and, you know, for the republicans, it's kind of pick your poison. do you want somebody in6 the 50's or in the 60's. but, the election will be a choice. and i don't know who it was who first said please compare me to the alternative, not to the almighty. and that's what people are going to have to decide. you know, which is the lesser of two evils? >> you know, on the republican side, judge, have you ted cruz who is fighting this likability factor and the cover of "time" magazine this week is ted cruz likeable enough? question mark. it's interesting. >> you know, it has dogged him. and if you are in a room with him, you're overwhelmed by his intelligence but you understand why people say is he likeable? he is not a back slapper, he is not a hugger. he is not a bill clinton. he doesn't make you leave

the room loving him. you certainly leave the room impressed by his intelligence. like what mara said. these numbers will all change when it's one against one, when there is not the level of comparison that we have. whoever the one and one are i think definitely won't vote numbers will go way down and people will devolve more into does this represent my issues then? i do want this3y person as my next door neighbor? >> trump clearly, charles, has the advantage in new york, his homex4áa state. he is up big now and the question is whether he gets over 50% in new york. here is rudy giuliani from the "new york post." i support trump. i'm going to vote for trump. i know ted cruz was attacking liberal democratic values. i know. i fought to change those policies in areas like welfare reform and policing as did mike bloomberg. there was a better way to say it. >> this is an important endorsement, whether he calls it an endorsement or not, i think he says it's not. >> he says quçiu not an endorsement but he is going

to vote for him. isn't that an endorsement? >> it's like as i lindsey gram who said he is also not endorsing cruz but he went out and raised money for him and then he said he would like to kill him which is an interesting. this is sort of the essence of the insanity of this campaign. you have got poem who are really holding their noses. with giuliani you get the feeling that he is sort of sincere in this and he is relatively unreserved. look, is he a folk hero in new york. was at the time a folk hero in the country. and i think that's going to help to soften the image for trump. the other thing is that cruz is really extremely defensive. he doesn't even have a chance to talk about his÷ issues in new york. he has got to defend the new york values stuff, which was an enormous mistake it didn't really help him in iowa. he could have done it without that phrase. and now how does he defend it? he can't. and i think because he is talking only about that, i think his numbers are going

to stay very low here. >> and the tabloids in new this race because, well, it's just not been in new york before. >> i bet ted cruz didn't think he would have to go all the way to norkt. but here he is and that tabloid headline take the fu train, ted. that's priceless. that goes into the tabloid hall of fame. it's cable. we will just move on. moving on to democrats. >> i'm just quoting the daily news. >> remarks doesn't help. >> mara always brings the heat on the panel. let's go to the democrats. bernie sanders defending his attack on hillary clinton, saying that she is not qualified to be president. >> when you have headlines in the "the washington post," quote: clinton questions whether sanders is qualified to be president. my response is, well, you know, if you want to question my qualifications, let me suggest this, that maybe the american people might wonder about your

qualifications, madam secretary, when you voted for the war in iraq. >> so, judge, the gloves are coming off on the democratic side. >> it's about time the gloves came off. i think unqualified is not really the right word here. and i'm4g waiting for senator sanders to go where he said he wouldn't go when he said i don't care about your damn emails. her damn emails have a very, very serious issue to many people on both sides of the aisle and i think democrats are beginning to recognize that they could have a very serious problem with her because some of them are saying justice department should apply a different standard for her because she may be -- she may be the nominee. new york is ground zero. bernie is from new york. hillary representpuju york. i think he is going to do -- she is going to win but i think is he going to do a lot better than she would like to see him do. >> charles? >> the idea that we are at a level of vitriol here on the democratic side is preposterous. this is, you know, brass knuckles argument? compared to what we have

seen six months with the republicans? here these two people are on the democratic side are arguing over qualifications. on the republican side, they are arguing over shall we say equipment. i mean, this is a wholly different category. >> i have lost complete control of this panel. i have lost complete control. >> i didn't chicken out and future in quote marks. >> this is no comparison, low energy. what is it lyin' ted and all the personal insults attacking people's wives and their looks. no, this is, i think, on the democratic side it remains a genteel debate boy people who are not that farz apart ideologically who are looking for differences that they can exaggerate and argue about. >> bottom line, mara, the clinton campaign is worried about bernie sanders. >> yes. and the clinton campaign is worried on a couple levels one can he beat her in a state like new york or come extremely close which would

embarrass her terribly and be a psychological blow. how does bernie sanders continue to campaign? he has the money to stay until the convention. does he gain in a way that starts attacking her character. the judge has suggested does he go after her honesty and trustworthiness which are her weakdry points. he started in this direction unqualified tact or/vc( do it something to make it easier for the party to unify after the convention and bring his voters into the fold. >> should illegal immigrants get free benefits from your tax dollars? ♪ you're not gonna watch it! ♪

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the goal of the executive -- one of the goals of the executive action program or executive action the president announced as it relates to immigration about 10 days ago was related to bringing those individuals who have been in this country for some time out of the shadows. giving them a work permit. >> out of the books. >> books making them taxpayers. >> immigration laws set forth in very clear terms about what people who are here in this country illegally have to do in order to leave and come back and obtain lawful status. and here all of a sudden the people who are here illegally they wake up every day continuing to violate our nation's immigration laws are being afforded, in

many3yf֖ cases more benefits than lawful citizens get. >> later this month the u.s. supreme court will hear arguments on this case. united states vs. texas. and it has to do with 26 states challenging the executive orders that president obama issued in 2014. here is a brief for the petition hers quote: o back with the panel. judge, there is a lot of people just scratching their head about this. >> this is one of the most3g profound cases to come before the supreme court. i so regret that it's happening now after justice scalia passed or at least without a full complement. two issues before the county president issue executive orders to his cabinet secretaries?

in this case 12 of them, which materially and substantially change the law, immigration law. second issue. can refuse to enforce the law as congress has written it because he disagrees with it? the supreme court has never addressed this issue before. this second one about can he knowingly refuse to enforce the law is an issue raised by the court itself. it's not even . are the applicants here. the courts below have both ruled against the president. the trial judge in texas and the appellate court in new orleans. so, if this is a 4mbc( to 4 tie, the president of the united states, for only the second time in history, will remain enjoined by an action of the supreme court from doing what he wants to do for the remainder of his term. >> but, on the specific issue of actually providing federal benefits to illegal aliens as is the pirgs' --

petitioner's quote here. people say it doesn't make any sense to me. >> it would make sense if congress decided it but congress decided the opposite of what the president wants to do. the president says -- here is his argument. i'm big-hearted and these people have american citizen children and illegal alien parents and i'm not going to split them up no matter what the law says i should do. that's his argument. can he do that? >> mara? >> because if he can do that legally, then they are in the united states legally for the duration of the order and they can get certain work paced benefits as long as they are working and paying taxes. the first question is what he did legally constitutional if so these people are in the united states legally. >> this case changes the whole ballgame. it changes the environment in which being dealt with. >> i think it's bigger than that. if the president is allow to do go ahead and to do this and it's decided that it's

constitutional, then you can send congress home and can you eliminate article one from the constitution. then there are no laws. i mean, t2ñ judge is right. as a policy issue, the congress decides it passes the law it decided that this is not appropriate. the president has a big heart, big heart with your tax money. and the congress said no. it goes only to citizens. and if the president can unilaterally overturn that then we have no laws and we branch of government that legislates. this is a huge decision. i do not understand how the four liberal justices will, as they will, resist the logic here. >> quickly? >> not just citizens, legal residents. not just citizens who get those benefits. >> quickly, it brings us back to the importance of the u.s. supreme court. >> yes. >> and this filling this nomination it is all coming back to that one issue after another. >> yes. and quite frankly, this will cause, i believe, senator mcconnell and the republican leadership to dig in their

heels even deeper rather than run the risk that judge garland, a fine just would have jurist would have the final say. >> what is the lower court's ruling on this if it is a 4-4 tie. >> that the president is enjoined. the 12 executive orders are enjoined and he can't do what he wants to do. >> that is it for the panel and a story we will definitely follow. sty tuned familiar faces on are capitol hill to talk about

finally don't, washington capital star alex -- a member of the first place team on nhl was on capitol hill promoting healthy living and lobbying for legislation. watch as he breaks barriers and a few other things. ♪ñl;rr >> we have gotten others wandering around. >> 3 for 3. is he a closer. is he 4 for 4 today.

we are 4 for 4. >> awesome. >> well, look at him. i said he was 5 for 5. we called him a closer at the end of the at a. >> they wanted him on energy bills. tax reform bills. >> could you help me with my energy bill? >> yeah. [ laug%er ] >> buffalo. i have been there it's beautiful. >> so then in the fall they bring -- they will actually -- >> we overstayed our welcome? [ laughter ] >> senator thune got a new chair apparently. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. greta is up next. it is friday, april 8th and this is a fox news alert. living in fear, a college campus in crisis after a freshman is murdered. the hunt for the killer now

intensifying as police release brand new surveillance video. a heated clash on the campaign trail. >> you are defending the people who killed the lives you say matter. tell the truth. >> what caused bill clinton to lose his cool with black lives matter protesters? and runway restructuring, victoria's secret cutting hundreds of jobs, the changes now coming to the iconic catalog. "fox and friends first" starts right now. ♪ ♪ hands up for the weekend. >> yay.

>> good morning. you're watching "fox and friends first" on this friday morning. i'm patricia stark. >> and i'm heather childress. thank you so much for starting your day and ending your week with us. we do begin with a fox news alert. fear gripping the university of texas as police hunt for this man, a key person of interest in the brutal murder of a freshman on campus. >> the death sending shock waves through the community. man police want to talk to seen in surveillance video near the football stadium two hours after wiser disappeared. >> it is apparent this is my worst nightmare. the unimaginable brutality against haruka is an attack on our entire family. law enforcement is doing everything they can to bring the perpetrator of this heinous crime to justice. >> hundreds gathering on campus for an emotional memorial. haruka was last seen leaving the