this is exactly, man slipping and falling. home surveillance showing him wiping out sliding down, unclear where this happened. have a great weekend. jillian: february 15th we start with a fox news alert. hours from now donald trump plans to declare a national emergency over the crisis at the southern border even as long-awaited spending bill lands on his desk. heather: can he use an additional $8 billion to keep his promise and build the entire wall? live in washington democrats are prepared for a legal fight. amazon decides new york isn't such a prime location after all. heather: one liberal wave goodbye to $25,000, the others

say socialism sound a little less sweet. ♪ can i get some chick-fil-a ♪ jillian: go ahead. eat your heart out. rob: the man who loves chicken fries so much he had to share it with the world. "fox and friends first" continues right now. ♪ there you go. ♪ jillian: it is over for another year.

>> pick a fight on the 12th or the 13th, break up, get back together on the 15th. skip the whole thing. jillian: you don't know what goes on in the world of rob schmidt, you don't want to know. rob: you are watching "fox and friends first". jillian: thank you for starting the day with us. in this hour donald trump is expected to declare a national emergency over border security & a major spending bill passed in congress overnight. rob: griff jenkins joins us where democrats expect to nominate a huge legal battle over the president if he uses executive powers. >> after the senate passed the bill, mitch mcconnell on the senate floor, and taking extraordinary action.

>> he is prepared to sign the bill and issuing a national emergency declaration at the same time and i indicated i am going to support the national emergency declaration. >> reporter: sarah sanders confirming the president would do so to ensure we stop the national security and humanitarian crisis at the border. this riled democratic leaders, chuck schumer and nancy pelosi wrote declaring a national emergency would be a lawless act, gross abuse of the power of the presidency to distract from the fact donald trump broke his promise to have mexico pay for his wall. they are not confirming the president will announce $8 billion for a border wall through executive action. can he do it? yes but not without conditions. congress controls the power of the purse, spending remains with them but the president can using

negative action to move within a given department and in the house and senate they must sign off. a number of legal challenges will step in and block the emergency declaration. the president will make the announcement in the rose garden. rob: we will have full analysis of this. after months of back and forth over the border wall, presenting the president with a spending bill and here is what they say about his plans to declare a national emergency anyway. >> we have people who don't believe he has the authority which congress has delegated to him. he has access to billions of dollars and can use it wisely. at west point talking about

funds to expand the cemetery, a declaration of failure by the president and weakness and it is disgraceful. >> look at how president obama and president clinton and president carter treated the antiquities after emergencies act they always expanded the scope of presidential power. this president is more limited in scope and acting on a through emergency. heather: he will deliver remarks on national security and humanitarian crisis on the southern border this morning as griff mentioned a minute ago, before the president heads tomorrow largo for the weekend. lawmakers are divided over the plan to declare a national emergency. rob: mark stein says that is a fight that will likely lose blaming republicans for squandering two years of congressional control. >> we all know the first judge the democrats labored in front of, whichever district paul judge in the ninth circuit, to

give the gift of this emergency, national emergency 2, he is going to order a stay on it and then we get to stuff that is in the bill for this hideous bill, where it gives a veto to municipalities as to whether any border wall can be constructed. there are a lot of huge problems here and most arise because the republicans when they controlled congress didn't get this done in the first two years. jillian: nancy pelosi says the new precedent open the door for a democratic president to call a national emergency on guns. rob: republicans are demanding former fbi director andrew mccabe and rod rosenstein testify on capitol hill. jillian: mccabe dropped the bombshell, planned of an inside job to remove donald trump from office using the 25th amendment. rob: a big one here. todd pyro joins us with reaction on explosive revelations from an

interview. >> reporter: explosive allegations from the former number 2 at the fbi. mccabe promoting his new book, high-level talks about kicking donald trump out of the white house. >> i was speaking to the man who had just run for the presidency and won the election for the presidency and who might have done so with the aid of the government of russia. >> reporter: reaction was harsh. lindsey graham saying he needs to hear more from mccabe about bias against donald trump and from rosenstein about his claim that rosenstein wanted to wear a wire around the president. >> i would imagine if the shoe were on the other foot my democratic colleagues -- if it involves the democrat. >> reporter: doug collins said the scene is right out of hollywood. >> this is the worst thing, deal 60s "cavuto" days and nights,

this was a time in which we actually see -- using the full force of its power to contemplate nothing less than a coup. >> reporter: the vp rejecting claims about doj meetings worked kicking out trump was discussed. >> i never heard of it. i never heard a discussion of the 25th amendment. i find any suggestion of it to be absurd. >> reporter: the president's former attorney saying we need a hard-core investigation of the investigators and we need it now. >> what we need is a special federal grand jury instituted by the attorney general and appointed, the toughest prosecutor he can find and you call them all in. no more inspector general, no more kicking it down the road. >> reporter: the intent of the 25th amendment is to replace the president on resignation, death

or incapacitation such as being in a coma. interesting to see how this plays out. rob: this sunday, it will be a good one. as rod rosenstein's future is up in your, william barr is sworn into head the justice department, sworn in by chief justice john roberts at the oval office with his wife and senator lindsey graham by his side, three.is and grandchildren, the ceremony coming hours after the senate confirms him in a 54-45 vote. jillian: the vice president and the history of the poland on a somber note. moments ago he landed in kraków to visit the auschwitz concentration camp with the second lady in polish president. more than 1 million people were killed there during world war ii. later today the vice president will head to germany for security conference. rob: thousands come together to honor the 17 victims of the parkland school shooting, a somber vigil market one year

since the massacre in florida. teacher scott maple was killed trying to protect students. his mother still devastated by that loss. >> i walked down the path today and it was just like reliving last year when we walked down the path. i haven't heard his voice for 365 days. rob: the community in parkland, florida held a moment of silence for the victims and placed flowers and colorful stones. jillian: a major winter storm dumping rain on california causing severe flooding and mudslides. 50 homes evacuated near san francisco after an entire home slides down a hillside trapping a grandmother inside. she is thankfully expected to be okay. in southern california firefighters rescue a group of people left stranded when their

truck got stuck in floodwaters. look at this. you see the rushing rainwater totally destroying a road near san bernardino. more rain is expected today. the road just washed out. rob: just like that. colorado will get two feet of snow. california republicans calling for redo vote on one of the high-speed rail projects. they think governor gavin newsom's plan for a smaller line not connecting two big cities is an unnecessary waste of money. he is putting a bait and switch after he derailed plans for the larger train line from san francisco to la. jillian: nasa is heading back to the moon as fast as possible. the space agency hopes to have astronauts there by 2028.

>> we are not going back to the moon to leave flags and footprints and not go back for another 50 years. we are going to go sustainably to stay. jillian: nasa unveiling designs for lunar landers, asking private companies for business to spearhead projects. last time the us went to the moon was in 1972. rob: we should go back and make sure it is still there. donald trump just hours from declaring a national emergency on the southern border. our next guest says the president can make a strong argument for his authority to act and he has numbers that prove it. jillian: calling her neck said he wanted to play football again but he will not be on the field in a new legion of american football league.

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>> this is the beginning of this debate. you talk to the people that work on the border. i talked to one yesterday and you could make a case for 700 miles of new or replaced border. where we are starting from is

throw the baby down the stairs and we having a partisan debate over something that was just common sense. that is where we are starting from. jillian: people on the other side will argue, we heard them argue for a while this isn't a crisis at the border. if you look at the numbers, us border patrol apprehensions at the southwest border of $1.6 million in 2018 with 400,000, people argue the numbers of gone down but 400,000 still a crisis in your opinion? >> what they are not counting his people that got through and they are not counting the real problem, the nature of the problem is your catching people, the laws become structured, they can make fraudulent claims and the problem is we are catching them but democrats are increasingly structuring the system so you can't detain and

deport them. what happened here, let's be honest, this is not a good solution and this is a tiny step in solving a problem but because of the efforts to frustrate deportation and limit the ability of the law this is a massive bad, now is the time. >> around 30 years, porous border and people coming across and nancy pelosi at her press conference saying this is not an emergency. how do you marginalize something like that. might not be an emergency and it is a disaster. >> this isn't the 30-year problem.

to please the left, you care about border security, we don't care about border security, they kept imposing these ways in which it is more hard to detain and deport people and sending signals, please come here illegally, say you are a child, the market has adapted. people are adapting to these ways to get into the united states. there is a new problem at the border. democrats made it possible to deport them. it is a crisis, it is a crisis created by nancy pelosi's party is now their answer is it is not a crisis because they want open borders. for them it is not a crisis, they are getting what they want. the policy is working, what is the problem here? rob: they flipped so fast on this. in 5 or 7 years it went from over here to over here and they are unapologetic for it.

we appreciate it. 19 minutes after the hour. george washington too offensive to be a school mascot? one school says colonial mascot has got to go. >> it shows every day americans still have the power to organize and fight for their communities. jillian: alexandria ocasio-cortez talking about the decision to full american -- amazon's had court from new york, backlash from her own party. place, the xfinity xfi gateway.

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rob: joe biden is almost certain to run for president in 2020 but it is unclear when he will make the announcement. he is reaching out to colleagues and contributors in hopes of locking them in before throwing his hat in the ring. bernie sanders is expected to launch a second white house bid by the end of this month. jillian: colin kaepernick snubbing the alliance of american football because he wanted to pay $20 million. he has not played in the nfl since 2016 when he started kneeling during the national anthem. in the league's first season all aaf players are being paid $250,000. colin kaepernick and his attorneys have not commented. rob: governor cuomo blasting the far left after amazon pulled the plug on plans to build new york city headquarters.

jillian: alexandria ocasio-cortez slamming the company for exploiting workers. live in studio, the details. >> reporter: this has democrats blaming democrats and nobody is more angry than andrew cuomo who brokered the deal. leaving behind $3 billion in taxes, amazon pulled the plug, some lawmakers opposed the subsidy. they hamstrung the operation in the long run. governor cuomo said this amounted to a loss of $30 billion for transit improvement, new housing and 25,000 jobs. he said the state senate should be held accountable writing a small group of politicians put their own narrow political interests above the community. new york state senate has done tremendous damage. cheers from the freshman congresswoman who represents the neighborhood. >> it is incredible.

it shows every day americans still have the power to organize and fight for their communities and can have more say than the richest man in the world. >> about with the calculations on the return on investment democratic socialist lobbied against the new headquarters tweeting in november amazon is a $1 billion company. the idea that it will receive hundreds of millions of dollars in tax breaks when our subways are coming in communities need more investment, not less, is extremely concerning to residents year. a number of other democrats including new york mayor bill diblasio said they were disappointed amazon bailed without working out deals with local leaders was no word where amazon might go instead. rob: new york misses out on a lot of money and a lot of jobs. jillian: is the amazon dealing example of what the country could look like with far left liberals in charge?

new york already has a problem of businesses moving out of the state with the election of a ocu only won because 4% of voters turned out, new york will see more companies leaving without moving in. rob: watch as all the money flees new york until common sense returns. jillian: when you care so much about the common man that you stop him from getting gainful employment. rob: even bill diblasio who is very liberal wanted this so bad. to push this always interesting. 27 minutes after the hour. a new fox news poll shows americans still love capitalism. democrats listen to this poll and run a moderate candidate? jillian: should estimate far left liberal still pushing socialist policies? that debate is coming up next. and 2 boxes of twizzlers...

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jillian: a look at top headlines this morning, 10:00 am donald trump will find a major spending bill before declaring a national emergency on the southern border. white house officials say the president will use his executive power to free up $8 billion from different agencies to fund the border wall. republicans in house and senate demanding testimony from former acting fbi director andrew mccabe and rod rosenstein. and to remove donald trump from office using the 25th amendment. a green beret suspected of murdering -- major matthew goldstein's lawyer claims the lead investigator is practicing stolen valor by wearing awards is not including a purple heart.

and killing a suspected taliban bombmaker in afghanistan. rob: americans support capitalism over socialism according to the latest fox news polls, 57-25. democrats making headlines by pushing socialist policies. what do they do in 2020? should be listening to voters and listening to this poll and run a moderate candidate? they have a couple to choose from or should they stick with far left liberals who seem to be getting all the attention and antoine steve wright and chris, thanks for coming on this morning. who is your ideal candidate in 2020? >> the democratic primary like the republican primary allows a marketplace of ideas with you

are far left, centerleft or not in the ballgame, it is okay. they should stay focused on quality-of-life, whether they are left, right, or in the middle and the minute we do not do that we will fail this thing called the american experiment. look at the declared candidates, you have john delaney, tulsi gabbard, a couple exploratory's that are still thinking about it. you hear a lot of things, medicare for all. a guaranteed job. very expensive. it scares a lot of moderates. what do you think democrats should do in 2020? >> folks that aren't even in the

ballgame, it is very hard, far left, unless you are talking about extreme abortion laws they pass they should keep doing what they are doing. it is a field losers will not be successful, i don't think socialism will work in the president's branding them, they are struggling. beto o'rourke at a rally saying walls kill people, next, do trees kill people? they are out of the ballgame. >> let's be clear. you went through a primary in 2016 where republicans did not put forth as the president did not speak up or speak to not many policy prescriptions or policy ideas. and a real policy discussion inside the democratic party. you should put your car in reverse a little bit. >> once you start succeeding again you can start talking again. we are in the election business.

as the president would say we have the senate and the white house. we are looking at policy prescriptions. what your policy prescription on the border? you are not serious about it. >> we are. compassionate the border does not mean no border security. rob: we know this debate can go a long time. thank you very much. a check of the weather. it is 50 ° out there. jillian: it feels warmer than we have experienced, 44 in new york. in the upper midwest-3 in minneapolis. the west, you can see very active. we've had mudslides, rockslides, flash flooding along the coast for california.

very unsettled weather pattern. this is where they get most rainfall in january or february and they are getting that. the potential for heavy snow, winter weather advisory, and flash flooding as well for the phoenix area and part of the interior california coastline. the energy moving on the northern plains and upper midwest, we get those snowfall totals, there's the precipitation model again, very active across the west and snow across the central us, mainly rain in the weekend. i hear you have something for me as we look and i go over like this. >> i believe we have these onset. >> i fathers on social media. mcdonald's came out with a new donut breakfast item.

at participating dunkin' donuts and participating mcdonald's next week. rob: i guarantee you. >> mcdonald's sticks have it over this. >> is a donut if it is not round? is a donut if it is not around? >> valentine's day has lasted -- >> kind of like -- >> do we get it? >> not to eat. >> i would take taco bell.

>> what are you -- >> pockets -- uses them. >> mcdonald's, thank you for listening to me on social media. this is only for short period of time. >> a limited time, get them while they are hot. >> we have better tv coming after the break. time is 38 minutes after the hour. we have been talking about it all morning, amazon scrapping its headquarters in new york. what does it mean for you even if you don't live in new york? kurt the fiber guy has information. jillian: george washington too offensive to be a school mascot? some students say the mascot has to go. carly shimkus is here next with the outrage that is pouring in. ♪ you don't know your beautiful ♪

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>> you are taking a live look, this is "fox and friends first," mike pence is in poland visiting the auschwitz concentration camp. rob: at the memorial site of the concentration camp with the second lady and his wife and the polish president, andre duda, politically they have a few things in common. more than million people killed in auschwitz during world war ii. a very somber place, it takes your breath away. the vice president heads to germany after this. capitol hill buzzing after donald trump announced he will

declare a national emergency after signing the border bill. jillian: carly shimkus is here with mixed reaction from lawmakers. >> big day, surprising turn of eventss. the debate comes down to whether the president can make a case for if there is emergency at the southern border. lindsey graham tweeted this, i stand firmly behind donald trump's decision to use executive power to build these walls. 2020 presidential candidate kamala harris is declaring a national emergency over a vanity project is ridiculous. we don't need a wall, we should address the actual emergencies facing our country, everything from gun violence. there is concern among republicans this could set a bad precedent. a lot of people on social media

feel democrats forced his hand. dances it is decades of both parties playing immigration games, trump is doing what he has to do, how quickly we forget obama's executive order for daca. the latest poll indicates the border the was increasing, neck and neck, 46% support, 50% oppose. rob: we have another mascot issue. >> reporter: students at george washington university, getting would've colonials mascot. the student who started this, let's decide if the colonials are the best identity for community school spirit. we are back in colonial times, wouldn't have been represented or treated equally for fear of something based on the quality. look at the reaction this has sparked.

tim says we have a mascot depicting founding fathers who set up a unique system of individual freedom that unleash the greatest period of prosperity for americans and for humanity that the world has ever seen. that says it all. this person shining in saying this will follow demands to change the name of the school. farley says statues and purging our history, this goes on with the debate of people wanting to remove our american history because of something that happened. rob: columbus circle. jillian: people say we need that to learn from it. rob: time to check with brian kilmeade for what is coming up on "fox and friends". brian: we hope to make history over the next three hours over this issue that will go to the museum of broadcasting. if you don't like george washington as a mascot don't go

to george washington university and pay $78,000 a year but i digress. here's what we have on tap, please get dressed. jonathan truly will be here. a constitutional law professor. what about the president, $8 billion in emergency declaration. this is the 54th time a president has done that, will it stand? geraldo rivera his been friendly on the president's side with immigration reform and mark stein is smart and witty and likes the show. diamond and silk and this story coming your way, kentucky sheriff going viral for saying this, locke your doors, load your guns, get a barking dog. that sheriff joins us today on why he is suspending law enforcement in his community. maybe we will have music, full screens and wide shots.

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shannon: lawmakers who advocated against lawmakers new york city headquarters is celebrating their when after the company backs out and take their jobs with them. rob: here to explain what this means not just for new york but the tech industry overall is kurt the cyber guy. thanks for coming on. what do you make of this? >> good to see with your email working. jeff bezos's email working quite well for him to say no thank you to new york city with amazon pulling out. the billionaire not only getting his feathers ruffled over the tabloid incident with his

personal life being exposed and potentially exposed even further but miffed at the fact that new york city democrats, especially michael gianaris who is just outside manhattan proper really started in 2017 please come in, we would love to have you here and it flip-flopped, hoping it was to his political advantage. after losing 25,000 jobs, potential upside of year after year of revenue, what did you win? did you win less crowded subways? what are you celebrating? in new york city, the epicenter of american business, that city's representatives just said no thank you to capitalism. jillian: your reaction to this

tweet from alexandria carlos ghosn ocasio-cortez. today is the day we dedicated everyday new yorkers and their neighbors over corporate greed, worker exploitation and the power of the richest man in the world but a lot of people argue i use amazon, makes my life easier. a lot of jobs that were just lost. what does it mean for the future, where we are going? >> her own constituents will not have jobs. amazon was committed to hiring people in her own district. 25,000 jobs and we are not talking about crummy jobs. and average pay of $155,000. the idea that these idiotic politicians blue this up and caused the welcome mats to be pulled from underneath the team in amazon and jeff bezos, guess what, they can't move somewhere

else and they did. you treat them like trash and they will leave new york city and they did. i hope they are accountable in some way from their constituents in this matter because it is ridiculous that amazon found their way being so unwelcome after the disingenuous -- rob: they didn't want to pay 3 billion jobs to incentivize amazon to come here. how much money did they lose out here? >> $3 billion in tax incentives, billions, to say nothing of local businesses like long island city-based jetblue, that would have been a huge thing for airlines like them in new york city, laguardia, jfk, matching the amount of air traffic to do business with amazon. doesn't make any sense to me,

has me perplexed. am i in america? this is not a very american thing that happened. rob: we will be right back. before the binge-watching begins... that's when you know, it's half-washed. next time, add downy fabric conditioner . .

jillian: good morning and welcome back. president trump expected to declare a national emergency in just hours. rob: nancy pelosi says the president is setting a new precedent and threatens to declare one as one some day

over one like guns. >> want to talk about national emergency? let's talk about today. the one-year anniversary of another manifestation of the epidemic of gun violence in america. that's a national emergency. why don't you declare that emergency, mr. president. i wish you would. but, a democratic president can do that democratic president can declare emergencies. rob: she says president trump is opening up a can of worms. >> laugh out loud you can't key clara constitutional emergency o --national emergencn constitutional right. she is just trying to scare the president. >> treason, she's embarrassing. she's personally protected with guns. what is her logic when she doesn't have protection. jillian: we'll be watching and covering it time for the the good, the bad, and the ugly. first up the good. this man loves chick-fil-a

so much he made a music video about it. ♪ hey chick-fil-a, chick-fil-a ♪ can i get some if i can fillet today ♪ hey. jillian: that's georgia rapper contraband flynn saying god led him to chick fay lay. he often pays for strangers' meals at the restaurant very nice and buys chicken sand witches for the homeless very nice. and that jacket also very nice. rob: how do you stay so slim when you eat all that chick-fil-a all this woman wanted tulips for valentine's day but her husband got her turnips instead. he misunderstood his wife's flower request this year when he figured out the mistake he got her tulips and balloons. jillian: something rob would do on purpose. caught on camera a woman shaving her legs on the back of a motorcycle. capturing the moment in florida. the video brings back

nightmares from when this woman was caught shaving her legs in a hotel pool in florida. don't do that in public. how about that? rob: pool is far more vial. jillian: yes. agree. okay. have a good day. ♪ ♪ and we can't stop ♪ and we won't stop ♪ steve: miley cyrus. back in the day we can't stop. folks, finally after a long week, it is friday. thanks for joining us tgif. thank goodness it's fox, right? ainsley: i like that. brian: i'm going to declare friday and i'm going to declare i think president is going to declare a little bit later a state of emergency. what events took place last night not only back-to-back votes funding bill of. the president was ready f