"the five." we have a special outside edition for you. executive overreach or within his power. the hot button issue. this is "special report with bret baier." good evening, welcome to washington, i'm bret baier. the biggest challenge to president obama's use of executive action was argued today. 26 states sued over the president's executive actions on immigration arguing they exceed his power. the administration says it was doing what congress would not. with just eight justices on the bench, the outcome could disappoint both sides of the

argument. shannon green reports on the case before the court. >> reporter: thousands of passionate protesters were between the supreme court. the eight justices heard an f whether the president went too far in 2014 when the programs blocked the deportation of roughly 4 million people in the u.s. illegally. texas is leaving the 26-state coalition challenging the move, which it calls unconstitutional run around congress. >> we allow a president, whether it's this president or future president to make changes in the law without congressional approv approval, then we will end up with a perverted constitution. >> reporter: it goes to the man they believe could make a difference, justice kennedy. he shows skepticism.

he says we are defining the limits of discretion. that is a legislative, not executive act. he went on to add, the briefs go on for pages that the president admitted a certain numb before of people and congress approved it. to me, it's backwards. it's as if the president is setting policy and congress is executing it. congress has given the president the discretion to set who stays and who goes. noting the discrepancy of those here illegally, they said priorities have to be set. bob menendez said he believes the president has the law and moral authority on his side. >> we believe at the end of the day, even though there are only eight justices, there will be enough justices to uphold it and

keep families together. >> reporter: with just eight justices, we are facing the possibility of a tie. if that happens, the lower court ruling stays in place. in this case, they put the president's programs on hold. they have to hope they have convinced at least five justices today. bret? more troops are headed to iraq to help in the fight against isis. ash carter made that announcement today. national security correspondent, jennifer griffin reports on the latest. >> reporter: when pentagon officials asked the iraqis to deploy attack helicopters to help fly cover, iraq's prime minister denied the request. defense secretary announced not only will the u.s. send apache gun ships, but deploy the troops

to retake mosul. >> we will replace additional advisers with the forces down to brigade and battalion headquarte headquarters. a powerful mobile rocket system to cover troops. it's the first time forces will be deployed at the battalion level meaning near the front line. >> most of these forces will be, obviously, assisting the iraqis. apache helicopters will be in comb combat. the team has consistently been to look for opportunities to reinforce the elements of our campaign that are showing some progress. >> it brings the number of american troops authorized by the white house to 487. this is the first significant boost since last june when hundreds were sent to help the iraqis reclaim ramadi, pushing

isis out in december. >> we want to do more. we are going to do more. we want to excel rate this and get this over with as fast as we can. we are limited by our own ingenuity and ideas. >> reporter: president obama will fly to saudi arabia to meet gulf allies. he called them free riders in an interview. they will ask gulf allies to fund the areas where isis has been removed. >> we have seen this movie before. we have to make sure there's a hold for us afterward. >> reporter: the u.s. also convinced the iraqi government to allow it to send 415 million dlar in badly needed military aid. the money will go through baghdad. bret? >> thank you. for the third time in a week, a russian jet taunted the u.s. over the baltic sea. the pentagon spokesman says the

jet came within 50 feet of the u.s. surveillance plane on a routine mission in that area. it comes two days after a pair of russian jets buzzed a navy destroyer 33 times over two days. south korea is raising concerns tonight that north korea is preparing for a fifth nuclear bomb test. to bolster moral as they deal with tough international sanctions. the south korean president did not say what signs pointed to another test but ordered the military to be ready. a missile launch in north korea ended in failure. president obama heads to saudi arabia tuesday amid controversy to declassify 28 pages of a congressional report that some believe show saudi arabia funded at least two of the 9/11 hijackers. members of congress want to give 9/11 families the right to sue

saudi arabia. it's something the kingdom warns it will retaliate against. they report on the latest strain between the two countries. >> congress is threatening saudi arabia. the saudis are threatening the u.s. economy and the obama administration is in the middle. senior republicans and democrats are pushing a bill to allow americans to sue foreign governments and others for their roles in terrorist attacks in the united states. >> as our nation confronts new and expanding terror networks targeting our citizens, stopping the funding source for terrorists grows more important. >> that has prompted the saudi government to sell $750 billion in u.s. debt and assets if congress passes that bill. the administration is down playing that threat, claiming it would harm the saudi economy. the white house opposes bipartisan efforts to allow americans to sue foreign governments saying they exposed the u.s. to foreign lawsuits and

would damage the saudi/u.s. relationship, one that is aligned on fighting terrorism. >> this principal is not about our relationship with one country, it's about the ability to work with countries around the world. >> they site 28 pages of the 2002 congressional inquiry into the attacks. bob graham was the co-chair of that panel. he and others claim the u.s. down played saudi involvements to protect the turbulent relationship. >> there are opportunities for the family to have been complicit in september 11th. >> they say it would harm national security. others claim the charges against the saudis are unsub stan chated. tomorrow, president obama travels to saudi arabia. they are free rider that is expect the u.s. military to

intervene heavily in regional disputes like the civil war in syria. it drew criticism from the saudis. more than two dozen family members kills in the 9/11 attacks sent a letter to the white house urging president obama to support the bill giving the ability to sue foreign interest. they contended it would resolve the question of whether saudi arabia or others should assume responsibility for the 2001 attacks. >> rich, thank you. one day before the new york primary, a couple campaign stumbles. hillary clinton tries to clear up confusion over whose side she's on on a bill to allow 9/11 families to sue saudi arabia. bernie sanders tax returns raised eyebrows over what he's paid to the government. ed henry is on the road to the campaigns. >> victory tomorrow. >> reporter: hillary clinton was in full damage control mode today on whether she supports a

bill by new york senator, shuck schumer to give them a chance to sue saudi arabia. that came after clinton stumbled. she's running on experience suggested she has not done her homework on the issue. >> i knlt, i haven't studied it. i try to learn what is at the core of a question before i offer an opinion. >> reporter: bernie sanders may not be able to capitalize. he also came out in favor of the legislation after initially fumbling. >> you are asking me to give you a decision about a situation and piece of legislation that i am not familiar with. >> reporter: the back and forth came as they said they are confident of a victory tuesday but nervous they have closed us into a tight, single digit margin. especially after the largest rally sunday.

28,000 people in prospect park in brooklyn. >> we want a government which represents all of us, not just the 1%. >> reporter: clinton played into that narrative this weekend as prosanders protesters showered her motorcade with dollar bills, symbolizing it. george clooney admitted it was an obscene amount of money. >> they are right. it is ridiculous we should have this money in politics. >> sanders has his own in narratives after releasing the 2014 tax returns. sanders makes far mess money than clinton, he had taxable income of over $205,000 putting him in the top 5%. the democratic socialist only paid an effective tax rate of 13.5% even though he wants to raise taxes to pay for his

programs. late today, sanders blamed clinton of breaking the law taking money and funneling it into her campaign. the clinton camp says that's not true and sanders is getting desperate. >> ed henry live in new york, thank you. donald trump is looking for victory in new york and a sweep of the 95 delegates there as he continues to battle it out, the rnc over its rules. this, as ted cruz picked up delegates over the weekend. karl cameron reports from buffalo on the fight over the gop nomination. >> reporter: donald trump is pushing for a landslide. his goal is 80. it requires a majority statewide and most of the congressional districts. >> the polls were beyond anything that anybody has seen, really. >> reporter: an average of polls shows the developer ahead of the ohio governor, john kasich and ted cruz. trump raised the possibility of

violence at the convention if he's not the nominee. >> i hope it doesn't involve violence. i don't think it will, but i will say this, it's a crooked system. >> kasich suggested that's what losers do. >> this is the process states laid outd. if it works for me, i will say it's a great process. if it doesn't, i will complain with donald. >> reporter: he should have say in the rules saying there needs to be more showbiz in the production. stop considering rule changes to avoid the appearance of unfairness of a conditioned. >> the system has to change. >> reporter: trump says he's been cheat ied. he needs delegates. possible, but not easy with

kasich and cruz. >> five states voted. 1.3 million people voted and he lost all five. we have won five in a row. donald is upset, so he's throwing a fit. >> winning all 14 delegates in wyoming and 32 of 42 in georgia, a state trump won. cruz is all but promising a fight at the convention. >> it's going to be a battle in cleveland to see who can get to a majority. i believe donald's highest total will be the first ballot and go steadily down. donald cannot win and we don't want to nominate someone who is a loser in november. >> reporter: trump's critics argue he lacks serious policy. if he doesn't win enough delegates to clinch the nomination, the question is whether or not he can gain them in the contested convention. >> live in buffalo, thanks. up next, find out where living

isn't easy when it comes to taxes. first, from around the country. fox 25 in boston, runners from around the world came to run the 120th marathon today. two people who lost limbs in the 2013 marathon bombings were among the 30,000 competitors who ran. fox 13 in seattle, the search is on for a missing couple and the two brothers suspected of murdering them. county deputies believe they were killed and have evidence linking them to the couple's disappearance. the two families were involved in a property dispute. this is a live look at houston from the fox 26 helicopter out there. the big story there tonight, severe weather. storms dumped more than a foot of rain in the houston area overnight. schools canceled, city offices closed. one meteorologist says 70

subdivisions are flooded. it isn't over. flash flood from houston to dallas and san antonio. a live look from outside the beltway from "special report." we'll be right back.

police are now certain an explosion on a bus in the middle of jerusalem today was a terrorist attack. flames and smoke billowed from the bus and the immediate aftermath of the explosion, 21 people wounded in the attack. as of now, police don't know who targeted the bus. it came as the israelis prepare for the passover holiday. back here in the u.s., it is tax day. the u.s. is expected to collect $5 trillion in taxes costing the average american $5700 a piece. there are some states where taxes aren't such a burden. >> it's time to pay the piper. uncle sam wants, on average, almost $6,000 or 10% of the median american income. some pay more. the top 1% paid 38% of all federal taxes. 45% pay zero, until property

sales and state income taxes are factored in. >> it's a myth to say 50% of the american public doesn't pay tax. we are talking income tax. when you look at the tax burdening all americans are paying taxes. >> reporter: they pay more on taxes than food, housing and clothing combined, working four months of the year just to pay taxes. some states are worse than others. new york is the highest where 13% of people's income goes to state taxes, followed by hawaii, maine, vermont and connecticut where the average resident pays $10,000 a year in state taxes alone, compared to alaska where they pay $4,000 or 5% of income. >> state and local level, i think you feel good about it if you are getting value for your dollars. >> reporter: value for what

taxes pay for, cops, roads, education and bridges. wallethub.com rated the states with the best bang for the buck. one, new hampshire. the worst up collude north dakota and alaska, which scored poorly on hospitals, education and crime followed by hawaii and new york, downgraded on infrastructure. >> tax fairness is going to be a subjective thing. it's in the eye of the beholder. 13% would rather spend a night in jail than do their taxes. 86% say we need the irs. bret? >> thank you. the department of veterans affairs has been systematically shredding documents. military.com reports of the 155 claims, related documents awaiting destruction, 69 were

incorrectly placed in shred bins. surprise inspection of ten offices found six mishandled documents. they reported it was systemic and the impact on veterans could be serious. the v.a. agreed to revise it and realign staff responsibilities and denied system wide issues. on the market, the dow rose 107, closed above 18,000, the highest point since july. s&p 500 is up nearly 14. the nasdaq was up about 22. next, the pressure to regulate drones after a jet carrying 137 people was suspected of hitting one.

a safe landing for a british airways jet after it collided with what is believed to be a

drone. avoiding a drone collision disaster has many concerned about the lack of drone regulations. greg is in london with details. >> reporter: a feared aviation danger has become a reality. for the first time ever, a drone or unmanned aerial vehicle struck a commercial passenger plane. the british airways plane was landed when it was hit by what the pilot believes was a drone. no damage was done, but the ramifications are huge. >> it is the first, unfortunately, of many we are going to see. certainly around the world. >> reporter: with increased use of uavs, there's a rapid number of mere misses involving drones and aircraft. if the drone hits it plane's engine, the hardware can break it up. the lithium battery can explode with catastrophic.

>> it will cause the wind turbines to set fire and the pilots will certainly not have full control over their plane. >> reporter: precautions are being taken. it cannot be flown within an aircraft and they must be registered so they can be traced. the biggest fear are terrorists who don't care about laws. there are reports jihadis are seeking drones to become a new weapon in their arsenal. >> they can carry a small explosive device, to carry chemicals, biological agents, anything you may think of. certainly, if we thought of that, groups like isis thought of the same thing. >> reporter: president obama fly sboos the uk for a visit on thursday. security experts, drone threats against our leaders will be the next thing we have to worry about. bret? >> greg, thank you.

just months before brazil is set to host the olympics, lawmakers vote to impeach their leader. chief washington correspondent, james rosen is here. good evening, james. >> good evening. with the president vowing not to resign, the faith rests in the senate. lawmakers voted overwhelmingly last night, 367 to 137 to approve an article of impeachment against her. the one time in office since 2010 stands accused of use zing state owned bank funds while seeking re-election two years ago. >> translator: this break with the constitution is a coup, a coup against democracy and against the brazilians who voted for her. >> reporter: 54 million votes don't authorize the fulfillment

of the constitution. against public finances or the fiscal law. the vote against the country's first female president reflects dissatisfaction with brazil's economy. with the separate and widening construction scandal which could ensnare both of the next two in line for the presidency. it may be left hostile to her but they expect the upper chamber will allow a trial to proceed and convict her. >> she's still the president. from voting in the lower house, it was below the amount of support they got in the lower house. in the snenate, there could be more of a game there. it's quite hard. >> reporter: the first vote on the matter on whether a trial should move forward is set for next month. they persist the olympics will proceed smoothly regardless. >> thank you. from brazil to ecuador, 350

people are dead, including one american and tens of thousands in need of help following the earthquake in ecuador. they are going through the rubble. the spanish red cross says 100,000 people will need some kind of assistance. the battle over executive power in front of the supreme court. we are weighing in on how this

the president, himself, for six years say he didn't have the authority to change immigration law. then the day he came out with executive action, he said i changed the law.

his own words speak against what he's done. >> do you leave your u.s. citizen children here? it is their citizenship or take them with you to a country that is unfamiliar to them? it's that daily fear on the minds of not just the jane does and others eligible, but their children. this provides relief from that daily fear. >> an extending hearing in front of the u.s. supreme court in the case of 26 states that sued the obama administration presenting the deportation of 4 million illegal immigrants. this is playing out, obviously, on the campaign trail, the republican and democratic side. here is hillary clinton today. president obama acted within his legal and constitutional authority halting the deportation. i hope the court will uphold his actions. as president, i will do whatever i can to protect his actions and go further to keep families together. she goes on to continue that the case underscores how crucial it

is for the final enactment of comprehensive immigration reform. let's bring in the panel and start there. nina easton, mara liasson and charles krauthammer. we heard immigration on the trail. this brings it to the forefront even more. >> it does. because we have a 4-4 split, there's a chance it could stand if they can't get a majority. this is all about presidential power. does he have the authority to do this or not? i thought the proimmigration guy talked about families being separated. that's not what is at issue here, this is executive power and did obama do as they claim, what other presidents before him have done and prioritized who should be deported and who shouldn't. congress gives money to deport 400 and something thousand

illegals. he is deporting that many. >> the republicans believe this is unconstitutional. to hear hillary clinton say she would go further than these executive actions is striking. >> exactly. she would go further, if this is upheld. these great passions on both sides of this illegal immigration issue. this comes down to presidential power. you have a constitution that says congress shall execute the laws excuse me, congress will execute the laws that congress passes. the president kinds of defines this as a prosecuting decision. he made it clear, congress decided not to do anything, i have to do something. it will be interesting to see beyond if it's a tie, 4-4, if it's left in place. it will be interesting to see if the states win against liberal leaning justices on the

presidential power. >> charles? >> okay, the policy here is irrelevant. it is about the encroachment of the power of the president and powers that aren't his. the irony is it's the states. the federal government is imposing cost. you have to issue drivers licenses to previously illegal immigrants. the reason is the encroachment on congress. as was said by the attorney who is bringing the case, the president, himself, admitted over and over again, this is outside his clout. i think this is an extremely important case. i think it will be a split. it will go back. in this case, it will be upheld. in the future, we have a case where you could have a republican president who believes in abolishing the capital gains tax, congress says no and he prioritizes irs

collections and says don't collect the capital gains tax. do exactly what obama is doing. it will mean congress has no role. >> that issue playing out on the trail. another issue, the president's visit to saudi arabia and a pending issue that allows the 9/11 families to sue saudi arabia for sponsoringing the terrorist attack of 9/11. here is hillary clinton answering questions about it this weekend. >> i know there's been an issue about it for quite some time. i don't know about the specific legislation you are referring to. >> schumer has the legislation i support. >> she changed her tune about an hour afterward. nina, it seems like this is going to play out. the president visiting saudi arabia. it's obviously coming up on the campaign trail. >> it will play out. it is unfair to criticize her. she wasn't flip-flopping. she didn't know the answer.

she pause zed and took time to study up. of all the flip-flops in campaign land, that's not this. i think if she was secretary of state, there would have been a different reaction from her, more of the white house's reaction to protect saudis, the saudi regime, which is very unhappy over the iran nuclear deal and other steps the white house and this administration have taken. the idea is to protect the middle east ally. i think as a new york senator or a new york candidate, a candidate running in new york, a former new york senator, she didn't have a choice but to support the legislation, which not only opens up the saudi kim.com to lawsuits, but will start this important conversation publicly about whether wealthy individuals, charities, serious figures in saudi have a role in 9/11. >> remember, this comes back as 28 pages classified in that report about 9/11.

the saudis, in the meantime are saying they will sell $750 billion in american key bonds, if the bill gets passed. >> they can do that. they can play here. they have a power struggle in the middle east with iran, which they are not winning. now, this rift with their ally, who used to be number one ally, the united states, which is certainly been a rocky relationship recently. but, they are alone in this. the obama administration is trying to shield them. nobody on the campaign trail is taking their side. >> it's not just the obama administration. the bush administration made a decision about the 28 pages, too. there will be a lot of embarrassing things, one would think, if they are released. here is ben on this. there may be individuals on this operating, who kind of get to do their own thing within the government talking saudi arabia and family members. you have a large royal family

and they have people, bin laden contractors for that royal family. basically, there was certainly at least the contention to where the money was going from the government. it gets around. i don't know what that quote says. basically there could have been financing. >> i think everybody understands. the saudi royal family is mixed. he had numerable children with numerable wives. there's no doubt they subsidized al qaeda before 9/11 and into 9/11. after the legislation, there's a reason obama is against it and the bush administration was. one is because of the saudi relationship, always a delicate one. we need them and you do what you have to do. the second is a more general one, having nothing to do with

saudi arabia. the minute we have the principle and individuals can sue other governments, we are going to be sued left and right all over the world because we have the most money. >> the terrorist attacks. >> they will finds other reasons, not terrorism. >> the support on the hill is cig nif kanlt. >> there's no question about that. that's why you get presidents opposed in their own parties on issues protecting the united states in a general way which looks hard hearted and it does. if we open the flood gates to opening the u.s., it's like we have the money. they will be suits against us and our principle has been sovereign immunity. next up, tax day. we'll talk taxes. whether it's all talk and no action on tax reform.

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>> you know today, as everyone sends in their tax taxes it, really underscores the burden put on our economy. i'm running on a simple plat tax every american with fill out taxes on a postcard and then as you noted we're going to abolish the irs. >> we're going to cut the individual rates from seven brackets to four. simplyification. 25%, 20%, 10% and zero. >> i'm for lowering the income taxes nationally. i would like to have a 28, 25, and 10% rate because you probably pay through, on your personal taxes, you have a pass through corporation. so we need to bring the taxes down and to help small

businesses. >> well, it's tax day and americans paid roughly about $5 trillion in taxes. federal, state, and local taxes on the federal side the highest in 10 years. 3.3 trillion. what about tax reform? we're back with the panel. nina, there is a lot of talk. you heard the republicans there about reforming tax reform. taxes overall. is it realistic. >> it's hard because there is always losers in tax reform. you take away deductions. simplify take home mortgage deductions and charity deductions. people scream a difficult road to hoe. roads way to high. it taxes income and investment and not consumption. it is not good for economic growth. the other interesting thing that came out today was bernie sanders releasing his taxes. evidence made $200,000 and he only paid 13.5%, which is less than the average at

that income level but here's the other important thing. all those millionaires and billionaires that he loves to attack paid twice as much. twice amount higher rate just to the irs. we are not even talking about state taxes. millionaires and billionaires are paying like 27.5% versus his 13%. >> marah? >> there used to be a bipartisan consensus about what tax reform would look like it. would lower rates get rid of a lot of deductions or cap deductions, it could, potentially, depending on the deal generate money for infrastructure or not. that was out there for many, many years that consensus seems to being ignored right now or completely obliterated. >> there is consensus on capitol hill about the corporate tax rate but they can't get together. >> they can't get together with the individual. >> charles? >> look, obama is the one who appointed the commission simpson pols that recommended exactly that. and that was the great success of what reagan and

tipp o'neal did in 1986. i mean, it's not only obvious but it's the one -- it's the holy grail of social policy because it's the one time, one of the rare times where it meets the goals of the left and right. it's a fairness thing which the left is always looking for. because it's the rich who can afford the lawyers and the lobbyists who impose the loopholes and then who are able to find them. on the other hand, for the right, promotes economic efficiency. every tax loophole, every deduction is a barnacle that slows down economic eofficial is i because efficiency. it is the perfect legislation. but it needs leadership. you've got to have a president who campaigns on it, insists on it, and with people like paul ryan running the house, it could be done. it's not impossible, but it is without a president.

obama ignored his commission. >> let's look at the top two candidates in each party about what the main points on tax reform. donald trump, says he wants to consolidate the current seven brackets into four you just heard him with the top marginal rate of 25%. tax long-term capital gains and qualified dividends top marginal rate 20%. creates a substantial zero bracket for lower income individuals. lowers the corporate tax rate to 15%. ted cruz has a 10% flat tax on individual income. replaces the corporate income tax and all payroll taxes with 16% business transfer tax. repeals a number of complex features of the current tax code. lowers the rate on capital gains and dividends to 10%. interesting? >> well, i mean, they are a continuation, i think, of a republican line of thinking that again, the tax code is too simple. rates need to be reduced. also combined with that there is $2 trillion sitting overseas from companies that

won't bring it here because of the high corporate tax rate. i think there is a real sense that something has to be done about that they both capture that donald trump has been critical of hedge funds and so forth on the tax rate. this is where the economic populism of him starts to show. he has been very critical of the level of taxes that are paid by the very wealthy hedge fund owners. >> look, what you hear from the g.o.p. is cutting taxes left and right. that's wonderful. but the other half of that, everybody understands what loopholes are you going to eliminate in the reason nobody talks about it because as mara says they are all popular. the mortgage interest. charitable, the employer provided healthcare. unless you cut the big loopholes, you are not going to get anywhere with tax reform except to create a huge deficit in the budget. >> which was simpson bowls. or cap it ac board. just capping it and don't have to have a fight with

the mortgage people. >> you never hear from a candidate. and if you don't run on it, you will never enact it. >> we'll have much more time, i assume, to talk about tax plans along the way. that's it for the panel.

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finally tent, a quick word will coverage all day long. i will be up in the apple covering it from fox news headquarters. martha maccallum will be covering the exit polls at 6:00 p.m. megyn kelly will join me onset along with the all-star panel for calls. that's it for this "special report," fair, balanced and unafraid. greta goes "on the record" right now. bartolo, >>it is tuesday, april 19th. the battle for new york is front and center today. >> the polls in the empire state

open in one hour. the presidential candidates are in a fight to the finish. >> no new yorker can vote for ted cruz and no new yorker can vote for kasich. >> if i am the nominee we win the general election. >> you all loare watching a political revolution. >> i am hoping to do really well tomorrow. hoping to wrap up the democratic nomination. >> the brand new polls show who is pulling ahead nationally on this critical primary day. ♪ ♪

>> perfect song so start off the day. good morning. you are watch wiing "fox & frie first". it is tuesday morning. i am abby hunts man. >> i am heather childers. thank you for starting your day with us. it is a big day in new york city. all eyes on the state for one of the biggest political election contests of the year. the results could determine whether donald trump and hillary clinton can lock up the nomination. >> we are live in new york where the polls open in one hour. good morning, david. >> good morning. you have it so right both hillary clinton and donald trump are in a new york state of mind. according to the latest polls regarding the primary they are expected to be the big winners today. the question isn't if trump and clinton are goiare going to wine question really is by